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City Council Packet 03-13-2012
RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING MARCH 13, 2012, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Announce Environmental Quality Fair on March 22 at Kimberly Lane Elementary School 4.02 Present Plymouth Metrolink Driver Awards 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2012-081) 6.03 Approve submission of a Hennepin County Transit Orientated Development application (Quest Development, Inc.) (Res2012-082) Regular Council Meeting 1 of 3 March 13, 2012 6.04 Approve 2012 Community Development Block Grant program year allocation Res2012-083) 6.05 Approve Plymouth Advisory Committee on Transit's Annual Report and 2012 Work Plan 6.06 Approve Final Plat for "Hampton Hills 4th Addition" for 32 single family lots located west of Pomerleau Lake on part of the former Hampton Hills golf course. Tradition Development Corp. (2012005 — Res2012-084, Res2012-085) 6.07 Approve purchase of property in "Hampton Hills 4th Addition" development Res2012-086) 6.08 Approve donation of equipment for the Police Department (Res2012-087) 6.09 Approve agreement for use of training facility for the Fire Department Res2012-088) 6.10 Approve Post Issuance Debt Compliance Policy and Procedures (Res2012-089) 6.11 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.04) 6.12 Approve agreements for installation of an e -Charging adapter for e -Charging submission quality from LETG to the Bureau of Criminal Apprehension Res2012-090) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.01 Consider award of bid for General Obligation Refunding Bonds Series 2012A Res2012-091) (Approved) 8.02 Approve amended Ward and Precinct Boundaries and Polling Locations Ord2012-09, Res2012-092, Res2012-093) (Approved) Regular Council Meeting 2 of 3 March 13, 2012 8.03 Appeal of Zoning Ordinance interpretation relating to potbelly pigs. Justin R. Chamberlain -Dupree and Nicole J Wankel. (2012015 — Res2012-094) (Upheld staff's interpretation of Zoning Ordinance and directed staff to prepare a Zoning Ordinance text amendment for consideration at a future meeting) 8.04 Authorize the preparation of plans and specifications and solicit bids for the replacement of turf at the Fieldhouse (Res2012-095) (previously item No. 6.11) Approved) 9. REPORTS AND STAFF RECOMMENDATIONS 9.01 Community Development Department's Annual Report 9.02 Legislative Update 10. ADJOURNMENT (8:25 pm.) Regular Council Meeting 3 of 3 March 13, 2012 11 Le"I Proposed Minutes Special Council Meeting February 21, 2012 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on February 21, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Bildsoe, Stein, Black, and Johnson. ABSENT: Councilmember Willis. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Public Works Director Cote, Water Resources Manager Asche, Police Chief Goldstein, Police Captain Lindman, Parks and Recreation Director Evans, and Deputy Clerk Baird. ALSO IN ATTENDANCE: Representatives from Three Rivers Parks District: Nybeck, Brasch and Barten; Residents Terrie and Kevin Christian; Representatives from Wayzata School District: Carlson, Sherwood, Dallin and Roth. Aquatic Invasive Species (AIS) Water Resource Manager Asche stated that Three Rivers Park District would like to have the City provide funding for inspectors at the public boat launch on Medicine Lake during the times that are currently not being staffed. These inspectors are trained to inspect boats to prevent the spread of Aquatic Invasive Species (AIS) from one lake to another. These AIS include zebra mussels, which are very invasive to lakes and destroy the natural habitat. Lake Minnetonka Conservation District Representative Nybeck explained that the launches are not staffed between the hours of 5:00-7:00 a.m., and 9:00-10:00 p.m. Research has shown that usage times are minimal during these hours and it is not fiscally feasible for the Three Rivers Park District to provide funds to staff the launches during these hours. They do have coverage from 7:00 a.m. — 9:00 p.m., which represents 93% of the boat traffic. The spread of zebra mussels is less contagious in the spring and fall months due to the lower weather and water temperatures. It costs about $24,000/year/launch for the inspections. Staffing the launches in the summer would be the most effective. To cover the additional 3 hours/day would cost an additional 30% or $12/hour x 600 hours (June/July/August) = $5000. Three Rivers Park District is looking to possibly use volunteers to help during these hours. If each property owner volunteered two -three hours per summer that would help close this gap. Page 1 Currently, Medicine Lake does not have zebra mussels. Currently there are only three lakes in Minnesota that have them. There are 60 lakes that would be affected by the three polluted lakes through their watersheds. Medicine Lake is the 2nd largest lake in Hennepin County. It has been designated this year as a destination lake. If the City wants to protect the other lakes in Plymouth, Medicine Lake would be a good starting point. Resident Terrie Christian stated that Fish Lake did try using volunteers. However it would not make good staffing for inspections. It would be good use of City funds to have someone go through the DNR training program that would be trained in inspections and would be part of Three Rivers Park District staff. Mayor Slavik inquired as to why Three Rivers Park District doesn't close the launch if there is no staff and usage is minimal. Lake Minnetonka Conservation District Representative Nybeck replied that it is a public waterway and the State hours of use are 5:00 a.m. — 10:00 p.m. Mayor Slavik stated that this would not stop the spread of AIS but slow it down. Docks could also be a cause of spreading the AIS. She asked if this is a water quality issue or recreation issue. Also, if this is done for Medicine Lake, does the City to do this for every lake in the City to be fair to our residents. Water Resource Manager Asche replied scientists disagree whether it is a recreation or quality issue. For issues with the AIS, there are more things coming this way. No one practice is a guarantee of prevention. The focus is on slowing these things down. Councilmember Stein asked if it is possible to have a charge for boat launching to raise revenue for the inspectors. Lake Minnetonka Conservation District Representative Nybeck replied that singling out a particular user group is not feasible. It's also not allowable in the State to charge a fee to launch a boat into water that is public property. The Three Rivers Park District has implemented a parking fee in association with the parking lot maintenance. Mayor Slavik asked if staff has an estimate on what other alternatives would be. Water Resource Manager Asche replied that gate systems were discussed earlier in February at a cost of about 30,000-40,000 dollars at each of the boat launches. There are currently public boat launches on Schmidt Lake, Parkers Lake, and two on Medicine Lake. Other items discussed were decontaminations systems and having inspectors present. Councilmember Black stated that it was her understanding that previously the City made the connection between Parkers Lake and Medicine Lake, however what was the purpose? Water Resource Manager Asche replied that the City installed a lift station on the east side of I-494 in order to move the drainage from Parkers Lake to the lift station to get it to flow to Medicine Lake. The natural flowage was blocked by I-494 and therefore had to be redirected. Public Works Director Cote added the lift station only operates during high flows. Councilmember Black stated if the City incurs a zebra mussels problem, inlets could become operational issues. The City has the interest of maintaining that infrastructure to be operational because other costs would be incurred to clean them. Public Works Director Cote stated the pump would become an issue because other facilities are experiencing electrical operation issues. Proposed Minutes 2 of 10 Special Meeting of February 21, 2012 Page 2 Lake Minnetonka Conservation District Representative Nybeck said that there are 14 local launches. If you multiply the shortage of $5000/launch x 14 that explains why there aren't enough funds for the launches. Three Rivers Parks District cannot justify the extra cost in low usage areas. The DNR is focusing their efforts on high usage launches. Economically, they cannot monitor each boat that enters the lakes for 17 hours a day. Councilmember Johnson asked if the City of Medicine Lake has been approached to assist with the funding. Ms. Christian said yes and they are interested. However, the membership is only 25/year. Those monies are used for newsletters and administrative costs for the group only. There are no extra funds. Councilmember Black said the City budget is set for 2012, and this isn't a budgeted item. Councilmember Stein asked if there's funding available from the Legacy fund. Water Resource Manager Asche replied the Legacy funding is earmarked for total maximum daily low. If you could equate the AIS issue to a water quality issue that is how you get to Legacy funding. Ms. Christian said they are hoping to do more with the legislature this coming year for funding. There are 30 lakes statewide with zebra mussels already. Quagga mussels are in three lakes in Minnesota, and they are worse. The funds allocated for 2012 are one -time -only funds. Also, there are only 20 decontamination units in the state. They've contacted Hennepin County, but there hasn't been a response. Councilmember Stein indicated that it is a small amount of money, and it is currently not in the City budget. The City doesn't control the lake. Councilmember Black asked if the City funded $5000, would that come from the water resources budget. Councilmember Johnson asked if the City has authority to enact a fee outside of Hennepin County Parks budgets to recoup the costs. Ms. Christian said they were hoping that the funding could come from the surface water management fund because the scientists are saying it is a biological pollution and not only do zebra mussels collapse fisheries but also the good algae. It is not just boaters that use the lakes. Councilmember Johnson asked if there is any way to connect any type of a fee to the inspections. Lake Minnetonka Conservation District Representative Nybeck replied that fees can only be charged for services including the parking of a car/trailer in the parking lot. The Three Rivers Park District can't add a charge for something the resident doesn't use. Councilmember Stein asked if Three Rivers Park could raise the parking fee to cover the 600 hours. With 4,500 launches, that's basically $1 extra from parking funds that would cover the shortage. Lake Minnetonka Conservation District Representative Nybeck replied they have considered it, but elected not to do that because it becomes punitive to raise the cost of parking too high. Of the 4,600 launches annually, 2,000 of them are repeat users. Proposed Minutes 3 of 10 Special Meeting of February 21, 2012 Page 3 Councilmember Black stated the City does have the ability to license the people who have docks on the lake. It would also then become an enforcement issue. Ms. Christian stated that in 2012 dock owners will need to be certified as a requirement by the DNR. Councilmember Wosje stated that the City couldn't just designate Medicine Lake to be manned, when there are large portions of residents who use all the lakes. There should really be user fees put in place. Councilmember Stein asked why the Three Rivers Park District eliminated the entrance fees to the park. Lake Minnetonka Conservation District Representative Nybeck replied the fees were eliminated because the consensus was that the entrance fee made it difficult for all residents to enjoy the use of the park. The costs were recouped in increased levies. The Council requested a future report from staff that would include further information and recommendations. Wayzata High School Scoreboard Request Mayor Slavik stated that there is an issue with the advertising that was to be implemented on the new scoreboard for Wayzata High School. This new sign would require a change to the City ordinance. Wayzata School District Representative Roth stated that before the Wayzata Boosters can proceed in the fundraising phase of this project, there needs to be a final plan in place with more accurate cost estimates and definitions. The nature of the scoreboard is fundamentally different than a commercial sign that would be along side a road right of way. Councilmember Stein stated the current sign ordinance was drafted very carefully to prevent digital advertising signage and distractions from roadways. Would the City be opening the door to advertisers if the ordinance is amended? Community Development Director Juetten replied the City Attorney believes that the biggest issue is commercial concerns. There are two versions of the ordinance amendment. One version is the revised code is written so that the signs cannot face public right-of-way. The second version, the one that staff recommends, is the scoreboard could only be operational during game times. Mayor Slavik asked about the ordinance and what if it's on a scoreboard, like the fields at Zachary? Community Development Director Juetten replied this version specifically addresses scoreboards, and the other one is that the scoreboard could not face public right-of-way. At Zachary that would be difficult. The City does own that park, so the City has more control. Councilmember Wosje asked if the ordinance includes residential neighborhoods, where the board might face an adjacent home. Could something be added into the ordinance that could prevent this? Community Development Director Juetten replied no. It only pertains to public Proposed Minutes 4 of 10 Special Meeting of February 21, 2012 Page 4 right-of-ways. Any additions would defeat the purpose, because there are houses in view of the scoreboard. Councilmember Johnson stated the right of way piece was for traffic safety. If you live next to a football field, there will be noise and lights inclusive of games. The addition of a digital scoreboard running during the games, which would allow sponsorships that help generate revenue and school pride, is a positive thing. Wayzata School District Representative Carlson stated they are moving the scoreboard to the other side of the field so it will not be viewable to any residents. Councilmember Black stated her concern is that it doesn't appear on a major thoroughfare. If the City Attorney can draft an amendment to the ordinance that would prevent that from happening, she could support it. Councilmember Stein asked if it's possible to add stipulations to the ordinance varying hours of operation and events. Community Development Director Juetten replied yes. However, limiting hours of operation to specific maximum hours of operations during game time, could prevent the board from being used the entire duration of the game if they ran into overtime. City Manager Ahrens wanted to clarify that the change that is being discussed is that the Council has already approved the digital screen scoreboard and it is in compliance with the Zoning Ordinance by conditional use permit. What the amendment to the ordinance would allow would be for advertising to be displayed in the digital display portion of the scoreboard for short periods of time and not just replays or action clips. Wayzata School District Representative Carlson stated they are asking for the content display of the video display board. The current ordinance states that the signage can't be changed except every 15 minutes. Mayor Slavik asked if staff has considered drafting a separate scoreboard ordinance, and if this is allowed, what we might have at other schools in the City? Community Development Director Juetten replied the City ordinance specifically states scoreboards, however the City Attorney will review it. There are some schools that could do it. Armstrong High School's would be allowable. Providence Academy wants something but has not come forward. Wayzata School District Representative Carlson stated that when the ordinance was drafted, there were two specific sections so that the scoreboards would be allowable at those locations. The conditional use permit would not, and there are specific setbacks. Mayor Slavik asked if there was a deadline on this project. Wayzata School District Representative Roth replied they have six months to complete the scoreboard. Community Development Director Juetten stated that Wayzata's scoreboard would need a conditional use permit so it would have to go before the Planning Commission before it could be presented to the Council. There is also a $300-$500 text amendment. The question is who would Proposed Minutes 5 of 10 Special Meeting of February 21, 2012 Page 5 pay for the text amendment when the Wayzata boosters already paid for a text amendment in 2011. Councilmember Johnson proposed the City pay for this text amendment since they previously paid for it. Councilmembers Stein and Black gave their support. Councilmember Johnson would support this as long as the City's initial intent remains in place. Mayor Slavik requested more specific information from the City Attorney in regards to what the City is up against in regards to commercial advertisers. Community Development Director Juetten stated this could be heard by the Planning Commission on March 21St and then by the Council on March 27th Hotel Reeistration Ordinance Police Captain Lindman stated the current State Statute does not require that all persons staying at the hotel/motel be registered, or that if a person registers with false information it would be a misdemeanor. The reason the Police Department wants to propose the ordinance change is that this would allow the police one more way to investigate people who are staying at hotels on a regular basis who may have warrants, or may be wanted by the law. Currently now the hotels are not required to write the ID information down, however if they were to write it down in the ledger it is more evidence in prosecution. All other cities follow State Statute and do not require further information. The problem with tracking of personal information in registries at hotels/motels is that there are concerns about identity theft. The proposed ordinance change would give the Police Department one more tool to use to arrest people that would give false information on the registry because it would now be a misdemeanor. This new change would also require hotels to review ID's of all guests staying in a hotel room in the registry. However, making people register their ID numbers and credit card numbers could violate privacy laws and make identity theft more possible. There was discussion on what types of ID's would be required and if that information should be kept in a log. It was decided that registrants should show their ID to the hotel clerks upon check- in, however, only the person in charge of the room would need to be logged in the registry. Police Chief Goldstein said that currently some of the hotels/motels don't follow state law. They collect information on the person registering, but they don't ID other guests. There are incidents where there are continual problems. Councilmember Johnson stated she isn't comfortable making this change. She believes it is a violation of an individual's right to privacy, putting them at risk for identity theft. Proposed Minutes 6 of 10 Special Meeting of February 21, 2012 Page 6 Councilmember Johnson asked how this would affect groups (i.e., school groups) staying in hotels, where minors are involved. Councilmember Stein wanted to know at what age a person would be considered an adult. Police Captain Lindman replied that minors would not be required to show ID. The student who looks older should be able to prove they are a minor with a school ID. Councilmember Stein stated he supports the ordinance change, however not the recording of the information. Councilmember Black stated she support the original option, not the alternative. Mayor Slavik stated she support the ordinance with some changes. Police Captain Lindman indicated that the Police Department has discussed the state law requirements with all hotel/motel managers in Plymouth. Police Chief Goldstein stated staff will revise the proposed ordinance and bring back to another study session. Councilmember Bildsoe believes that if the Police Department has a problem, the Council needs to help solve the issue. Street Lighting Rates Public Works Director Cote stated that during this past year, staff has looked at all the streetlights to make sure they worked. During this process, comparisons were made between the streetlights, the bills to the residents and the bills charged to the City by Xcel Energy. Staff found that there were 100 different street light rates. This was due to the fact that each development stage was charged to the lots incorporated in each phase. Some had 30, some had 40, etc. and were charged per development. These rates were based on the charges from Xcel Energy, the styles of the lights and estimated usage. This analysis doesn't quite get the City to where it needs to be. One example is that the streetlights on traffic signals aren't being charged correctly. Staff is recommending that the rates be reduced 12 different rate structures based on Xcel service area or charge everybody the same throughout the City. This will be easier to audit and easier to track. He cautioned that 2,500 properties are yet to be verified which could affect the final outcome of the charges. Councilmember Black asked if the City has a current streetlight standard for builders. Public Works Director Cote replied no. Councilmember Bildsoe asked if everyone gets charged for streetlights. If you have them in your neighborhood do you get charged? And, will everyone who is supposed to get charged remain getting charged? Public Works Director Cote replied that only those currently getting charged would remain getting charged. Proposed Minutes 7 of 10 Special Meeting of February 21, 2012 Page 7 Councilmember Stein asked if the properties are spread out throughout the City. Public Works Director Cote replied that most are in developed areas within the last 20 years. Council supported one rate structure that would come back to the Council in the near future. Parkers Lake Cemetery At the direction of Council, Public Works Director Cote compiled information dating back to 1974 on Parkers Lake Cemetery as well as a survey on other cities who own cemeteries. Plymouth is consistent with all other communities. He stated over the years there has not been much change in the care and maintenance of the cemetery. In 1991 and 2009, the City Code was amended to include changes for the cemetery. However, maintenance has not changed. All other communities that adopted cemeteries have the same maintenance care. They provide basic services of mowing and trimming. Some communities have landmark cemeteries and budget cemetery care accordingly. Most communities have absorbed the cemeteries and their costs. The City has a perpetual care budget of $180,000 for the cemetery. All lots are sold. There are 100 lots that are vacant. There is a waiting list of about 25. On behalf of Councilmember Willis who was absent, City Manager Ahrens asked about the level of maintenance. Councilmember Willis's concern is that there are settlements in the grounds and markers that are tipping. Councilmember Willis would be interested in any improvements that could be made to the ground so that maintenance would be easier for mowing, etc. Staff will have to look at and give estimates on filling in these settlements. Parks and Recreation Director Evans suggested putting this item in the park maintenance budget to improve the "park". Councilmember Bildsoe stated that there are funds allocated in the City budget for perpetual care so those funds should be used for maintenance and to level the grounds. Public Works Director Cote stated that park maintenance makes it part of their fund. The perpetual care fund of 180,000 would go down fast if it's allocated towards cemetery maintenance. Parks and Recreation Director Evans reported that staff estimates $5,000/year for the maintenance of the cemetery. Compost is used in the care, however there are other areas that are lower and would need fill. Mayor Slavik asked if the City were to start using the $180,000 perpetual care fund for maintenance purposes, how soon before the funds would be depleted. Public Works Director Cote replied approximately 20 years. Councilmember Black requested that staff look at the gravestones and determine maintenance when surveying for property maintenance. Parks and Recreation Director Evans stated staff will provide estimates and bring a report back to the Council. Proposed Minutes 8 of 10 Special Meeting of February 21, 2012 Page 8 Noise Ordinance Police Chief Goldstein and Community Development Director Juetten provided a review of the City's noise ordinance. The majority of noise complaints are relative to industrial noise. Major contributors of noise complaints are Medtronics, Olympic Steel, Len Busch Roses, and US Foods. These complaints are in relation to fans and motors that continually run. Steps have been taken and some of the companies have complied on their own and fixed problems. However, the current ordinance is out dated with a sound control plan. If there are complaints on industrial noise the City doesn't have the tools to measure the decibel levels on complaints. In the past the Police Department hired an outside consultant for $1,200 for a study on a noise complaint, only to find that the noise was not violating the law. The City of Eden Prairie's noise ordinance includes animals, loud vehicles, commercial and industrial concerns which could be a good model to follow. Councilmember Johnson stated that if there is no law being broken, the issue should stop there. The City's role is not to change government. The council should work with residents. Councilmember Bildsoe indicated the City could ask someone to mediate, but we can't make the violator do something if they aren't breaking the rules. Community Development Director Juetten said that Medtronics tested their noise levels, and they were in violation, so they brought in a silencer which has brought down the noise to acceptable levels according to the current ordinance. However, their low frequency noise and vibrations are still there. The City has no authority to correct it. Police Chief Goldstein pointed out that with Eden Prairie's ordinance, when businesses make applications for new construction or revisions to existing businesses, Eden Prairie submits a noise impact statement which explains how loud their business may be. The city will share the cost with the business owner to assist with sound issues. If Eden Prairie initiates the violation than the Eden Prairie pays. If a complaint is generated and is above what the noise impact statement suggests, it needs to be studied and fixed. Councilmember Johnson asked how often the Police Department has a noise complaint. Police Chief Goldstein replied every night with Olympic Steel. City Manager Ahrens asked if there have been any violations. Community Development Director Juetten said both Medtronics and Len Busch Roses were in violation, but they both did something to bring down the noise. Councilmember Black stated that it appears the City is doing what needs to be done. The companies have complied. At some point citizens need to know that everything possible has been done. Staff will bring a proposed ordinance back to the Council for consideration. Proposed Minutes 9 of 10 Special Meeting of February 21, 2012 Page 9 Set Future Study Sessions No study sessions were scheduled. City Manager Update City Manager Ahrens gave her quarterly update to the Council. Adjournment Mayor Slavik adjourned the meeting at 8:45 p.m. Lisa K. Baird, Deputy City Clerk Proposed Minutes 10 of 10 Special Meeting of February 21, 2012 Page 10 Proposed Minutes Special Council Meeting February 28, 2012 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:37 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on February 28, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Stein, Black, Bildsoe, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Engineering Technician Simons, and City Clerk Engdahl. Redistricting City Clerk Engdahl gave a presentation on the new congressional and legislative lines that the legislature released on February 21 and how those lines affect the current ward and precinct lines as the City goes through the redistricting process to reapportion the population based on the 2010 Census. She indicated that staff prepared two alternate options for the Council's consideration. Both options are identical with the exception of removing an area on the west side of I-494 between Schmidt Lake Road, Fernbrook Lane, and Rockford Roach, from Ward 1 and allocating that area to Ward 4 (Alternate 1 Option). This option allows for the future anticipated growth of 2,000-3,000 residents in Ward 1 in the next 10 years, while Alternate 2 Option gets the population as close as practicable in each of the four wards. The Council discussed the plans, and the majority requested that approval of Alternate 1 Option be placed on the March 13 Council agenda. Future Study Sessions The Council requested that the Planning Commission be invited to the development tour on May 1 at 5:00 p.m. Adjournment Mayor Slavik adjourned the meeting at 6:30 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 1 of 1 Special Meeting of February 28, 2012 Page 11 Proposed Minutes Regular Council Meeting February 28, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 28, 2012. Cub Scout Pack 539 led everyone in the Pledge of Allegiance. COUNCIL PRESENT: Mayor Slavik, Councilmembers Stein, Willis, Bildsoe, Black, Johnson, and Wosje. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Poehler, Parks and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Senior Planners Drill and Darling, and City Clerk Engdahl. Plymouth Forum No one was present to speak at the Plymouth Forum. Presentations and Public Information Announcements 4.01) Announcement of City Sampler on March 3 Mayor Slavik announced the City Sampler on March 3 from 9:00 a.m.-Noon at City Hall. 4.02) Announcement State of the City Meeting on March 7 Mayor Slavik announced the State of the City Meeting on March 7 at 7:30 a.m. at City Hall. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to gpprove the a egnda. With all members voting in favor the motion carried. Consent Agenda Proposed Minutes 1 of 8 Regular Meeting of February 28, 2012 Page 12 Item No's. 6.04, 6.05, and 6.15 were removed from the Consent Agenda and placed under General Business as item No's. 8.02-8.03 respectively. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the amended Consent Agenda that included the followingitems: tems: 6.01) Requested amendment to the January 24 Regular Council Meeting minutes, February 14 Regular Council Meeting minutes, and February 22 Special Council Meeting minutes. 6.02) Resolution Approving Disbursements ending February 18, 2012 (Res2012-061). 6.03) Ordinance Amending Chapter 21 of the City Code (Ord2012-05), Ordinance Amending Chapters 5, 6, 10, and 20 of the City Code (Ord2012-06), and a Resolution Approving Summary Publications of Ordinances (Res2012-062). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.02). 6.05) (This item was removed from the Consent Agenda and placed under General Business as No. 8.03) 6.06) Resolution Approving a Conditional Use Permit for Accessory Retail for Performance Pool and Spa Inc. for Property located at 2405 Annapolis Lane (2012002 — Res2012-063). 6.07) Resolution Amending Assessments for County Road 101 from 13th Avenue to 30th Avenue Reconstruction Project (5102 — Res2012-064). 6.08) Resolution Approving Payment No. 5 and Final for Parkers Lake Storm Water Lift Station Rehabilitation (10017 — Res2012-065). 6.09) Resolution Approving Change Order No. 1 for the Deep Well No. 17 Project (10024 — Res2012-066). 6.10) Accept 2012 Planning Commission Work Plan. 6.11) Resolution Approving Encroachment Agreement for a Compressor and Electrical Service for an Aerator in Schmidt Lake (Res2012-067). 6.12) Resolution Approving P lans and Specifications and Ordering Advertisement for Bides for the 2012 Sanitary Sewer Lining Project (12007 — Res2012-068). 6.13) Resolution Approving Plans and Specifications and Ordering Advertisement for Bid for the 2012 Crack Repair Program (Res2012-069). Proposed Minutes 2 of 8 Regular Meeting of February 28, 2012 Page 13 6.14) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2012 Street Sweeping Program (12012 — Res2012-070). 6.15) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.04). 6.16) Resolution Designating Municipal State Aid Streets — part of 6th Avenue from Revere Lane to Kilmer Lane and part of Kilmer Lane from 6th Avenue to 10th Avenue (Res2012-071). 6.17) Resolution Approving Expenditure from Resource Planning Fund (Res2012-072). With all members voting in favor, the motion carried. Public Hearings 7.01) On -Sale and Sunday Intoxicating Liquor Licenses for Baja Sol Tortilla Grill, 10100 6th Avenue North, Suite 102 City Clerk Engdahl reported on the on -sale and Sunday intoxicating liquor licenses of Baja Plymouth, LLC, d/b/a Baja Sol Tortilla Grill at 10100 6th Avenue North. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving On -Sale Liquor and Sunday Intoxicating Liquor Licenses for Baja Plymouth, LLC, d/b/a Baja Sol Tortilla Grill, 10100 6th Avenue North, Suite 102 (Res2012-073). With all members voting n favor, the motion carried. General Business 8.01) Rezoning and Preliminary Plat for "Terra Vista" Development at the Southeast Corner of County Road 47 and Dunkirk Lane (GWS Land Development of Plymouth, LLC 2011095) Senior Planner Darling reported on the rezoning and preliminary plat applications for the "Terra Vista" development located at the southeast corner of County Road 47 and Dunkirk Lane. She spoke of the revised preliminary plat resolution at the Council's places this evening that reworded item 6b(3) of the resolution to state, "Provide a public street connection to 5915 Dunkirk Lane. The right-of-way shall align with 59th Avenue as shown in the Exhibit submitted February 28, 2012." Councilmember Stein reported on correspondence received from Dana and Sherry Reinke, 16405 County Road 47. Senior Planner Darling explained there are two access points to their property, with one access being on the south side of their property and one off a stub street in this proposed Proposed Minutes 3 of 8 Regular Meeting of February 28, 2012 Page 14 development near County Road 47. Reinkes are requesting that the road located just to the south of that stub road be extended through the proposed cul-de-sac to serve their property. Councilmember Black asked why Reinkes aren't supportive of the southerly access road. Senior Planner Darling replied staff is unsure. Steve Roell, 5915 Dunkirk Lane, stated he supports the latest proposal regarding right-of-way aligning with 59th Avenue. He thanked staff and the developer for the help they provided him. Paul Hetchler, 5855 Dunkirk Lane, stated his original concern was his driveway access as they have a special needs daughter that gets picked up by a bus everyday so he desired a turn around area on Dunkirk Lane for that bus versus backing out on a curve. The latest proposal that was presented today addresses that concern, and he also thanked staff and the developer for working with him. Paul Wardell, 16395 County Road 47, stated he supports this development, but he wanted to share a few concerns with the Council that could have unintended consequences in the future. He stated drainage from this development would drain east onto his property, so he's concerned about erosion. The wetland on his property used to contain water, but this is a beautiful pond as there is no fertilizer runoff from adjacent properties to this pond. He's concerned about the volume and the quality of water flowing into this pond, as he would hate to think that three to five years from now, this pond would become a green sluggish pond. His stated his second concern is the access on County Road 47. He noted the high volume of traffic in the mornings heading east on County Road 47. There is no stoplight along that stretch, and there are many days he has trouble getting on County Road 47. With the proposed development, there will be even more traffic on County Road 47. He stated the traffic on County Road 47 isn't coming from Plymouth residents but people from other communities who are heading east to go on Vicksburg Lane and then south to Highway 55. Bob Schoeneberger, 16845 County Road 47, who lives west of this development, thanked the developers for the latest change to 59th Avenue in this development. Councilmember Black asked about drainage of this site both during and after construction and for the treatment of water. Bob Molstad, engineer for the applicant, stated they are constructing storm sewer as far down from the north, installing two filtration areas to treat that water before it runs off to the east and directed to the water treatment pond. He stated the Elm Creek Watershed Management Commission has requested them to amend their channel numbers and redesign the backyards of six homes. The drainage will go east along the ditch and under County Road 47 and connect into the utility system. He stated they will need to meet the City standards for water runoff. Public Works Director Cote added that there will be less runoff and greater treatment of the water from the current conditions to their new design. Councilmember Black asked about access to County Road 47 for this development. Public Works Director Cote stated with this development, the developer will be constructing an Proposed Minutes 4 of 8 Regular Meeting of February 28, 2012 Page 15 eastbound turn lane onto Dunkirk Lane and a west turn lane on Dunkirk Lane off County Road 47. He stated that it's unlikely that this development will make the road conditions worse west of Dunkirk Lane. Councilmember Willis requested the applicant to explain how they're going to grade the site to developable building plans for lots that will work due to the extreme elevation of this property. Dave Gonyea stated most of the lots have 30' flat backyard before there is a grade change. There won't be any lots that drop off like a cliff. Councilmember Willis asked from side yard to side yard, how are they addressing the break in grading. Mr. Gonyea replied the yards flow with the road, and there are no retaining walls between homes. The break in grading isn't that significant. Councilmember Willis asked staff if the grade differential between properties will work as usually there is a drainage easement between properties. Public Works Director Cote replied as designed with the concept house pads on the plan, it's relatively reasonable to expect that they shouldn't have very many retaining walls. He stated there will be variations when buyers desire something different than what the developer's engineer designed. The only way to regulate that is by not allowing a variance from what the engineer designed. Councilmember Black asked if Peony Lane is redesigned to County Road 47, would that alleviate traffic on County Road 47. Public Works Director Cote replied some traffic on Lawndale Lane might be short circuited on Peony Lane rather than going east on County Road 47 and then south on Vicksburg Lane. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a an Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at the Southeast Corner of Dunkirk Lane and County Road 47 (2011095 — Ord2012-06), Resolution ApprovingFindingsindings of Fact for the Rezoning of Land located at the Southeast Corner of the Intersection of Dunkirk Lane and County Road 47 (Res2012-074), and an amended Resolution Approving a Preliminary Plat for GWS Lane Development of Plymouth LLC, for "Terra Vista" for Property located at the Southeast Corner of the Intersection of Dunkirk Lane and County Road 47 (Res2012-075) as handed out this evening. Councilmember Black requested that a joint meeting with the Hennepin County Commissioners regarding County Road 47 be added to the pending study session list. With all members voting in favor, the motion carried. 8.02) Preliminary Plat for "Hampton Hills South Plateau" (Hampton Hills Investment, LLC — 2011097) Councilmember Black stated she removed this item and the next item from the Consent Agenda as historically, Hampton Hills has had a lot of flooding on the south side of the golf course. She Proposed Minutes 5 of 8 Regular Meeting of February 28, 2012 Page 16 requested the staff or the applicant to explain what they're doing to raise the elevation on the south lots. Senior Planner Drill stated regarding the elevations, there is a 30' center rise on the southern plateau area. All homes would have basements and be above the wetland elevations. Councilmember Willis and Mayor Slavik also shared Councilmember Black's concerns. Jacob Fick, applicant, stated they share the same concerns. He explained there will be a minimum of 10 plus feet from the high water level to the basement levels of homes. He stated the golf course portion of the site has always been high. The area that was part of the golf course was delineated after the golf course was done. They'll be using the soils in place which are native clays and compactable fills. It's fills that they can put in place with machinery and compact the fill so they have a suitable base to build homes on. They haven't done any dewatering on the site, and there are no springs under the plateau area. Councilmember Willis asked how their construction equipment will be accessing the site when the development is under construction. Mr. Fick replied they would use 55th Avenue. Councilmember Willis stated that will be a lot of wear and tear on that new road. Councilmember Black asked the applicant that for those lots that abut the creek, would they be willing to use different soils for a filtration strip so would absorb water before it goes to the creek. Mr. Fick replied yes. Mayor Slavik stated her concerns regarding this development which are the southern area being a secondary site for the Excel project, and the very close proximity of lots to the railroad tracks. She asked if disclosure statements will be given to prospective buyers. Mr. Flick replied yes. Councilmember Johnson asked if there is any fencing from the backyards to the railroad tracks. Mr. Fick replied no. Councilmember Johnson asked how the Excel project could affect this development. Rob Wachholz, applicant, stated they are proceeding with the development plan for that parcel Excel has identified, which is approximately 10 acres of the southern most 10 acres. Their effort wasn't to block Excel, but they have a builder for the south plateau. Public Works Director Cote added this site becomes less desirable for Excel once platting is approved and the streets are constructed. Mayor Slavik asked if there is any notification of this process given to Excel. Public Works Director Cote replied no, but they are very well aware of the proposed development of this property. A discussion was held with Mr. Wachholz and Mr. Fick regarding the basement level and the high water levels, specifically the rear yards for Lots 23 through 27 of Block 1. The Council Proposed Minutes 6 of 8 Regular Meeting of February 28, 2012 Page 17 requested to add another condition to the resolution as 3d(7) to state, "Provide four inches of compost soil amendment in the rear yard areas of Lots 23 through 27, Block 1." Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt a Resolution Approving a Preliminary Plat for Hampton Hills Investment, LLC, for "Hampton Hills South Plateau" for Property located at 5313 Juneau Lane (2011097 — Res2012-076,) with the addition of condition 3d(7). With all members voting in favor, the motion carried. 8.03) Filling of Wetlands and Wetland Replacement Plan Application Hampton Hills South Plateau Addition (2011097) Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan Application for Hampton Hills South Plateau (2011097 — Res2012-077). With all members voting in favor, the motion carried. 8.04) PUD Amendment for Expansion of West Health Building and Preliminary Plat for One New Lot at 3005 Campus Drive (Allina Hospitals and Clinics — 2011099) By request of Councilmember Bildsoe, Ben Bache-Wiig, President of Allina/West Health discussed urgent care, emergency and ambulatory transport services they will provide at their facilities. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt an Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.56 PUD 81-1 2011099 — Ord2012-07), Resolution Approvin Figs of Fact for Amending Zoning Ordinance Section 21655 (Res2012-078), Resolution Approving PUD General Plan Amendment to allow an Emergency Department Addition to the WestHealth Campus located at 3005 Campus Drive (Res2012-079), and a Resolution Approving a Preliminary and Final Plat for Allina Hospitals and Clinics for "West Suburban Health Campus Third Addition" for Property located at 3005 Campus Drive (2011099 — Res2012-080). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.01) Park and Recreation Department's Annual Report/PRAC 2012 Work Plan Park Director Evans gave the Park and Recreation Department's annual report. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the Park and Recreation Advisory_ Committee's 2012 Work Plan. With all members voting in favor, the motion carried. 9.02) Legislative Update Proposed Minutes 7 of 8 Regular Meeting of February 28, 2012 Page 18 City Manager Ahrens provided a brief update on pending bills in the Legislature. Mayor Slavik requested that a letter be sent to Governor Dayton requesting that a third lane on I-494 be included in the State's bonding bill. With the winter storm forecast for this evening and tomorrow, Public Works Director Cote explained how the City crews would be handling the storm. Adjournment Mayor Slavik adjourned the meeting at 9:05 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 8 of 8 Regular Meeting of February 28, 2012 Page 19 rp)City of Agenda 6 . 0 2PlymouthNumber: Adding Quality to life REGULAR COUNCIL MEETING March 13, 2012 To: Laurie Ahrens, City Manager Prepared by: Deb Luesse, Accounting Clerk Reviewed by: Jodi Bursheim, Finance Manager Item: Disbursements Ending March 3, 2012 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending March 3, 2012. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending March 3, 2012. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 3.3.12/Council meeting 3.13.12 FUND 100 General Fund 144,307.89 200 Recreation Fund 32,612.20 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 2,607.90 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 1,053.43 254 HRA Section 8 Fund 0.00 254 HAP Check Summary 235,933.86 258 HRA General Fund 1,599.65 300 1998C GO Activity Center 0.00 301 2003D Open Space Refunding 0.00 305 2004A GO Public Safety 0.00 307 1998A -TIF #7-5A Rottland 0.00 308 2005A TIF #1-1 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 3,047.24 401 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 1,507.80 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 14,653.35 413 Improvement Project Construction 1,100.52 414 Shenandoah Administration 0.00 416 Public Safety Expansion 0.00 851 HRA Senior Apt. Constr Fund 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 815.00 421 Enterprise -Other Construction 87,091.41 998 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) 853.12 424 TIF #7-6 Continental (Const) 137,279.07 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const) 60,221.86 427 TIF #7-8 Shops @ Plymouth Creek 97.50 428 TIF HRA Senior Apt. Constr. Fund 24,981.75 429 TIF HRA 1-3 Crossroads Station 0.00 430 CON -Open Spaces Series 2007A 0.00 431 CON -2010A Open Spaces 0.00 500 Water Fund 108,668.21 510 Water Resources Fund 5,729.30 520 Sewer Fund 500,719.82 530 Solid Waste Management Fund 291.70 540 Ice Center Fund 12,966.64 550 Field House Fund 3,426.59 600 Central Equipment Fund 77,668.68 610 Public Facilities Fund 45,293.69 620 Information Technology Fund 44,158.56 630 Risk Management Fund 7,622.74 640 Employee Benefits Fund 12,143.47 650 Design Engineering 0.00 660 Resource Planning 271.16 800 Investment Trust Fund 0.00 850 Plymouth Town Square 0.00 851 Vicksburg Crossing 0.00 Total Invoice Expense Distribution: 1,568,724.11 Page 2 PB2) City of Plymouth Check Payment Register 02/19/2012 to 03/03/2012 Check 123030 Date Paid:02/23/2012 Acclaim Benefits Inv. 0022340IN 02/10/2012 Jan'12 COBRA Check 123031 Date Paid:02/23/2012 Ace Lock & Safe Co Inc Inv. A88508 02/06/2012 master padlock keys/service call Inv. A88588 02/06/2012 service call/repair lock on office Check 123032 Date Paid:02/23/2012 Afton Alps Inc Inv. AAlV04602 02/02/2012 1.20.12 WCMS ski trip Inv. AAlV04603 02/02/2012 1.20.12 WEMS ski trip Check 123033 Date Paid:02/23/2012 Airgas North Central Inv. 105239759 01/26/2012 toggle replacement part Check 123034 Date Paid:02/23/2012 AI's Coffee Company Inv. 94454 02/01/2012 IC Concession coffee resupply Check 123035 Date Paid:02/23/2012 Inv. 77375 01/31/2012 Check 123036 Date Paid:02/23/2012 Inv. 19829 02/01/2012 Check 123037 Date Paid:02/23/2012 Inv. 120215 02/15/2012 Check 123038 Date Paid:02/23/2012 Inv. 7560 02/16/2012 Check 123039 Date Paid:02/23/2012 Inv. 120215 02/15/2012 Check 123040 Date Paid:02/23/2012 Inv.0145425 01/30/2012 Check 123041 Date Paid:02/23/2012 Inv. 456091 02/01/2012 Check 123042 Date Paid:02/23/2012 Inv. 120131 01/31/2012 Check 123043 Date Paid:02/23/2012 Inv. F254047 02/01/2012 Check 123044 Date Paid: 02/23/2012 Inv. 18103 02/01/2012 Check 123045 Date Paid:02/23/2012 Inv.13232 02/03/2012 Inv.13237 02/03/2012 Check 123046 Date Paid:02/23/2012 Inv. 120222 12/31/2011 Check 123047 Date Paid:02/23/2012 Inv.120214 02/14/2012 Page 1 of 12 Allina Occ Med Jan'12 Employee Physicals/Drug testing Amount: 226.00 226.00 172.15 Amount: 306.01 196.01 1,864.97 110.00 Amount: $79,197.83 Amount: 1,840.00 936.00 238.54 904.00 Amount: 19.08 19.08 Amount: $216.40 216.40 Amount: $990.00 990.00 Andy's Lawncare Amount: $395.15 Feb'12 Snow plowing $395.15 Barton Sand & Gravel Co Amount: $8,109.10 2.1/2.15.12 684.82ton CL 5 Recycle/W3/4 $8,109.10 ASTM 67 Blue Moon Studios Jan-Feb'12 Cartoons&Comic Strips class Bollig & Sons Inc Proj12004 #1 2012 Pond Maintenance Bolton & Menk Consulting Engineers 1.20.12 Wells 10 & 14 Rehab Boyer Trucks Unit 283 trans will not shift into 3rd/4th Broadway Bar & Pizza Jan'12 IC Concession pizza resale Amount: $216.00 216.00 Amount: $58,615.16 58,615.16 Amount: $815.00 815.00 Amount: $591.18 591.18 Amount: $288.00 288.00 CDW Government Inc Amount: $172.15 1 Pan Port Replicator 172.15 Central Wood Products Amount: $1,864.97 100 sy wood chips 1,864.97 City of Maple Grove Amount: $79,197.83 2011 SAC units flowing into Maple Grove Syst 78,959.29 2011 PUPS vet/disposal 238.54 Common Bond Paygo TIF1-2 fund 428 Vicksburg Constantine Dance Classes Inc 1.24/2.14.12 Winter Ballroom Dance Amount: $24,201.75 24,201.75 Amount: $274.00 274.00 Page 3 3/6/2012 Check 123048 Date Paid:02/23/2012 Continental Property Group Inc Inv. 120222 12/31/2011 2011 Paygo TIF 7-6 Berkshire Check 123049 Date Paid:02/23/2012 Dakota Supply Group Inc Inv. 7230595 02/02/2012 120 3/4" M35 meters/replacement Inv. 7230619 02/02/2012 16 3/4"x7-1/2" #2 setters/resale Check 123050 Date Paid:02/23/2012 Data Recognition Corporation Inv. 00075934 02/05/2012 Jan'12 UB processing Check 123051 Date Paid:02/23/2012 DPC Industries Inc Inv. 8270012912 02/01/2012 560g1 Zinc Orthophosphate Check 123052 Date Paid:02/23/2012 DTS/Document Tech Solutions Inv. INV57350 02/16/2012 Copier Shart MX.3500 Check 123053 Date Paid:02/23/2012 Inv. 518 02/06/2012 Check 123054 Date Paid:02/23/2012 Inv. 20139 02/10/2012 Check 123055 Date Paid:02/23/2012 Inv.70087864 02/06/2012 Ronald Eastbourne IC data line for ATM machine Express Press Inc 20,900 Yard Garden and Primavera insert Factory Motor Parts Co Oxygen Sensor Check 123056 Date Paid:02/23/2012 Ferguson Enterprises Inc Inv. S01347459002 02/01/2012 Ball curb stop CTS Comp Inv. S01348389001 02/02/2012 sleeve fusion bonded SB/Rubber gasket Check 123057 Date Paid:02/23/2012 First Student Inc Inv. 99217930 02/15/2012 2.12.12 Spirt Mtn Teen ski program Inv. 99219265 02/10/2012 2.3.12 WCMS Wild Mtn ski trip Inv. 99219266 02/03/2012 2.3.12 WWMS Wild Mtn ski trip Check 123058 Date Paid:02/23/2012 Janet Gamble Inv. 120214 02/14/2012 1.17/2.14.12 Zumba Gold class Check 123059 Date Paid:02/23/2012 Gopher State One -Call, Inc. Inv. 32205 02/01/2012 Jan'12 SW/UT 261 Locates Check 123060 Date Paid:02/23/2012 Grainger Inv. 974718782 02/06/2012 stack & hang bins Check 123061 Date Paid:02/23/2012 GroundsCare Inc. Inv. 4355 02/01/2012 Feb'12 Snow plowing Check 123062 Date Paid:02/23/2012 Hanbery & Carney PA Inv. 120131 01/31/2012 1.18.12 CFMH Speaker fee Check 123063 Date Paid:02/23/2012 Daniel Hartman Inv. 120209 02/09/2012 2.9.12 Gettysburg speaker Check 123064 Date Paid:02/23/2012 Hennepin Co Info Tech Dept Inv. 120138039 01/31/2012 Jan'12 Fire Radio Lease Check 123065 Date Paid:02/23/2012 Hennepin County Treasurer Inv. 921101201 02/01/2012 Jan'12 Record Ease Check 123066 Date Paid:02/23/2012 Hennepin County Treasurer Inv. 1000011201 01/31/2012 Jan'12 Network support Check 123067 Date Paid:02/23/2012 Kristina Holtmeyer Inv. 120227 02/27/2012 Jan-Feb'12 Odyssey of the Mind Page 1 of 12 Amount: $137,279.07 137,279.07 Amount: $26,690.75 26,034.75 656.00 Amount: $1,694.61 1,694.61 Amount: $2,940.00 2,940.00 Amount: $7,347.66 7,347.66 Amount: $187.96 187.96 Amount: $611.72 611.72 Amount: $37.88 37.88 Amount: $621.30 185.71 435.59 Amount: $1,528.17 528.17 500.00 500.00 Amount: $150.00 150.00 Amount: $359.70 359.70 Amount: $209.26 209.26 Amount: $1,500.00 1,500.00 Amount: $390.00 390.00 Amount: $138.00 138.00 Amount: $2,148.44 2,148.44 Amount: $401.50 401.50 Amount: $160.31 160.31 Amount: $300.00 300.00 Page 4 3/6/2012 Check 123068 Date Paid:02/23/2012 Image Trend Inc Amount: 195.00 Inv. 20490 02/01/2012 Feb'12 HireTouch 195.00 Check 123069 Date Paid:02/23/2012 Indelco Amount: 87.56 Inv. 690903 02/01/2012 Plastic fittings 54.55 Inv. 692322 02/10/2012 adapter see credit C693368 100.80 Inv. C693368 02/17/2012 Cr inv 692322 adapter 67.79) Check 123070 Date Paid:02/23/2012 Instrumental Research Inc Amount: 640.00 Inv. 6894 02/01/2012 Jan'12 Water Testing 640.00 Check 123071 Date Paid:02/23/2012 Interfaith Outreach &Comm.Ptnrs Amount: 39,074.00 Inv. 110405 02/22/2012 R20110173 4.5.11 Refund financial Guar/1605 39,074.00 CR 101 Check 123072 Date Paid:02/23/2012 International Code Council/ICC Amount: 31.11 Inv. INV0094732 02/13/2012 2 code books 31.11 Check 123073 Date Paid:02/23/2012 J Jenson Enterprises Inc Amount: 400.00 Inv. 2954 02/01/2012 Jan'12 Snow plowing 400.00 Check 123074 Date Paid:02/2312012 Shyvonne Kodlowski Amount: 1,015.53 Inv. 120209 02/21/2012 3325 Garland Ln/reimb washer/dryer Rehab 1,015.53 Check 123075 Date Paid:02/23/2012 Krames StayWell LLC Amount: 634.76 Inv. 6752034 01/27/2012 32 Babysitters training 404.93 Inv. 6754204 02/01/2012 Lifeguarding manuals 229.83 Check 123076 Date Paid:02/23/2012 Kriss Premium Products Inc Amount: 448.88 Inv. 121086 02/01/2012 Feb'12 IC Chemicals for Evap condensors 448.88 Check 123077 Date Paid:02/23/2012 Lawncraft Corporation Amount: 1,200.00 Inv. 4873 02/15/2012 Feb-Apr'l2 Snow plowing 1,200.00 Check 123078 Date Paid:02/23/2012 League of MN Cities Ins Trust Amount: 3,912.90 Inv. C0009984 02/01/2012 Claim 2011.18 3,912.90 Check 123079 Date Paid:02/23/2012 Livonia Woodworks and Design LLC Amount: 1,000.00 Inv. 120206 02/16/2012 IC Bal owed rpr old/new constr of cabinets 1,000.00 Check 123080 Date Paid:02/23/2012 Medicine Lake Tours Amount: 1,122.00 Inv. 120223 02/23/2012 2.23.12 IMAX /Abduallh's & LeCouron Bleu trip 1,122.00 Check 123081 Date Paid:02/23/2012 Metropolitan Council Amount: 413,963.81 Inv. 0000981281 02/02/2012 Mar'12 Wastewater service 413,963.81 Check 123082 Date Paid:02/23/2012 Minger Construction Inc Amount: 14,653.35 Inv. 111201 12/01/2011 Proj10014 #6/Final Imperial Hills LS 14,653.35 Check 123083 Date Paid:02/23/2012 Minnesota Elevator Inc Amount: 143.33 Inv. 234379 02/01/2012 Jan-Feb'12 ZWP Elevator Sery 143.33 Check 123084 Date Paid:02/23/2012 Minnesota Pollution Control Agency Amount: 45.00 Inv. 120216 02/22/2012 Scott Newberger certification fee 45.00 Check 123085 Date Paid:02/23/2012 MMKR Amount: 4,145.00 Inv. 30271 01/31/2012 2011 Audit progress billing 4,145.00 Check 123086 Date Paid:02/23/2012 MN Park & Sports Turf Mgr Assoc/MPSTMA Amount: 120.00 Inv. 120222 02/22/2012 Spring2012 Heitke,Northway, Luebeck 120.00 Check 123087 Date Paid:02/23/2012 Nagell Appraisal & Consulting Inc Amount: 1,500.00 Inv. 18504 02/06/2012 Dunkirk Lane/Kuklok Property 1,500.00 Check 123088 Date Paid:02/23/2012 Robert Nesbitt Amount: 1,805.00 Inv. 51022P 02/16/2012 1.30/2.10.12 MN Joint Analysis 1,805.00 Page 5 Page 1 of 12 3/6/2012 Check 123089 Date Paid:02/23/2012 Truc N Ly and Damien Nguyen Inv. 10632901 02/22/2012 13715 59th PI N water refund Check 123090 Date Paid:02/23/2012 Northern Sanitary Supply Co Inc Inv. 153087 02/01/2012 IC various cleaning supplies Check 123091 Date Paid:02/23/2012 Office of Enterprise Technolog Inv. W12010725 02/15/2012 Jan'12 PD Language line Check 123092 Date Paid:02123/2012 Inv. A446635 02/02/2012 Inv. A447342 02/04/2012 Inv. A447343 02/04/2012 Inv. A447344 02/04/2012 Inv. A447345 02/04/2012 Inv. A447346 02/04/2012 Inv. A447355 02/04/2012 Inv. A448033 02/03/2012 Check 123093 Date Paid:02/23/2012 Inv.8412923 02/15/2012 Check 123094 Date Paid:02/23/2012 Inv. 71676 01/19/2012 Inv. 71965 01/31/2012 Inv. 72012 01/31/2012 Check 123095 Date Paid:02/23/2012 Inv. 3504399800018 01/31/2012 On Site Sanitation 2.2/2.6.12 Fire&Ice Event 1.17/2.3.12 Dog Park 1.7/2.3.12 Lacompte 1.7/2.3.12 Oakwood Playfield 1.25/2.3.12 Parkers Lake Beach 1.7/2.3.12 Ridgemount 1.27/2.3.12 Paver 2.3/2.6.12 Fire & Ice OnTrac 2.13.12 Attorney courier Owens Companies Inc PCC oper of snowmelt/bad slab sensor CC Liebert unit low on refrigerant Heater issues/CWP Paperdirect 17 Certificate holders Check 123096 Date Paid:02/23/2012 Pilates MN Inv. 120221 02/21/2012 1.3/2.14.12 Pilates Reformer Instr Inv. 120221A 02/21/2012 1.7/2.18.12 Pilates Reformer instr Inv. 120221B 02/21/2012 1.9/2.27.12 Pilates Reformer instr Check 123097 Date Paid:02/23/2012 Inv. 120222 12/31/2011 Check 123098 Date Paid:02/23/2012 Inv. 266 02/04/2012 Check 123099 Date Paid:02/23/2012 Inv.05155136882 02/15/2012 Check 123100 Date Paid:02/23/2012 Inv. B91010 01/12/2012 Plymouth Leased Housing Assoc 2011 Paygo TIF 7-7 Stonecreek Pyrotechnic Display Inc 2.4.12 Fire & Ice Fireworks Safelite AutoGlass Unit 5013 windshield repairs Schwaab, Inc. Lisa Baird notary stamp Check 123101 Date Paid:02/23/2012 SGC Horizon LLC Inv. 64580 02/03/2012 2012 St Reconstr/circle Park Check 123102 Date Paid:02/23/2012 Sherwin Williams Inv.48075 02/01/2012 Paint Check 123103 Date Paid:02/23/2012 Silent Knight Sec Sys Of MN In Inv. 00070111 01/13/2012 replaced batteries Inv. 00070513 02/01/2012 Mar'11-Feb'12 Annual Monitoring Check 123104 Date Paid:02/23/2012 Inv. 07697001 01/31/2012 Check 123105 Date Paid:02/23/2012 Page 1 of 12 SRF Consulting Group, Inc. Jan'12 Traditions subdivision review Standard Insurance Co Amount: $42.53 42.53 Amount: $1,172.73 1,172.73 Amount: $46.25 46.25 Amount: $312.98 48.09 30.92 48.09 48.09 17.18 48.09 13.74 58.78 Amount: $21.00 21.00 Amount: $3,053.75 1,415.00 1,479.75 159.00 Amount: $289.82 289.82 Amount: $567.00 94.50 94.50 378.00 Amount: 59,368.73 59,368.73 Amount: 1,000.00 1,000.00 Amount: 39.95 39.95 Amount: 34.73 34.73 Amount: 127.75 127.75 Amount: 390.32 390.32 Amount: 7,274.63 285.00 6,989.63 Amount: 1,413.04 1,413.04 Amount: $6,120.95 Page 6 3/6/2012 Inv. 120301 02/22/2012 Mar'12 Life & LTD Check 123106 Date Paid:02/23/2012 Streicher's Inc Inv. 1903018 02/03/2012 Dark Navy Pants Check 123107 Date Paid:02123/2012 T Mobile Inv. 4656773110212 02/10/2012 Feb'12 GPS Check 123108 Date Paid:02/23/2012 Trans -Alarm Inc Inv. RMR804484 02/01/2012 2.1/4.30.12 ZWP Fire monitor Inv. RMR804485 02/01/2012 2.1/4.30.12 CWP Fire monitor 6,120.95 Amount: $49.99 49.99 Amount: $64.72 64.72 Amount: $663.46 345.21 318.25 Check 123109 Date Paid: 02/23/2012 Ultimate Martial Arts Inc Amount: $338.40 Inv. 120222 02/22/2012 Feb'12 Tae Kwon Do, Little Tigers,Youth Taie $338.40 Kwon Dop Check 123110 Date Paid:02/23/2012 Uniforms Unlimited Inc. Inv. 108406 02/02/2012 Ryan Peterson armor vest Inv. 108725 02/06/2012 Reserve Uniforms Inv. 108928 02/01/2012 Taser batteries -3 Check 123111 Date Paid:02/23/2012 Inv. 101241030001 02/03/2012 Check 123112 Date Paid:02/23/2012 Inv. 001313 02/03/2012 Check 123113 Date Paid:02/23/2012 Inv. 17479 01/08/2012 Inv. 17501 01/20/2012 Inv. 17503 01/20/2012 Inv. 17506 01/26/2012 Inv. 17509 01/30/2012 Check 123114 Date Paid:02/23/2012 Inv. 160172 01/13/2012 United Rentals Northwest Inc Gas Monitor US Health Works 12.13.11 Molly Lynch FIT test Valley Rich Co Inc 1713 Archer Ct watermain break repairs 5725 Evergreen Ln watermain brk rpr 2635 Queensland watermain break repairs 4100 Ives Ave watermain break repairs 36th Ave&Evergreen watermain break repairs VFIS FF Insurance premium Check 123115 Date Paid:02/23/2012 Viking Trophies Inv. 106793 01/31/2012 walnut plaque Inv. 106900 02/09/2012 Cherry Shawdow box Inv. 106997 02/16/2012 Black Matte Plaque Check 123116 Date Paid:02/23/2012 Inv.808936 02/02/2012 Check 123117 Date Paid:02/23/2012 Inv.21657200 02/22/2012 Check 123118 Date Paid:02/23/2012 Inv.24135867 02/22/2012 The Watson Company IC Concession food resupply Sigrid K & John H Wellman 295 Wedgewood Ln water refund Wells Fargo Bank 18215 39th Ave N water refund B Sporny Check 123119 Date Paid:02/23/2012 Xcel Energy Inv. 51007862360212 02/06/2012 12.13/1.30.12 Storm Water less Nuclear fuel Amount: stlmnt Inv. 51465207540212 02/13/2012 12.16/2.1.12 WTP's/All wells except 3/less Amount: Nuclear fuel Stlmnt Check 123120 Date Paid:02/2312012 Yocum Oil Company Inc Inv. 475517 02/01/2012 4000gl Diesel fuel Inv. 475520 02/01/2012 4000gl Unleaded fuel Check 123121 Date Paid:02/23/2012 Inv. 120131 01/31/2012 Page 1 of 12 Heath Bird 1.30/1.31.12 8 meals/Mankato conf Amount: $1,017.54 807.65 94.99 114.90 Amount: $625.22 625.22 Amount: $67.00 67.00 Amount: $19,830.64 5,427.32 3,814.94 3,474.69 2,745.00 4,368.69 Amount: $2,970.75 2,970.75 Amount: $584.50 320.52 162.45 101.53 Amount: 1,037.60 1,037.60 Amount: 106.68 106.68 Amount: 133.57 133.57 Amount: 19,548.92 2.74 19,546.18 Amount: $24,829.60 12,894.80 11,934.80 Amount: $69.00 69.00 Page 7 3/6/2012 Check 123122 Date Paid:02/23/2012 Erik Fadden Amount: 48.34 Inv. 120126 01/26/2012 1.23/1.26.12 lunch Leadership trng 18.44 Inv. 120215 02/15/2012 2.13/2.15.12 3 lunch NewBrighton Leadership 29.90 trng Check 123123 Date Paid:02/23/2012 Sara Mittelstaedt Amount: 50.65 Inv. 120125 01/25/2012 1.25.12 Litin Paper -Sr program supplies 50.65 Check 123124 Date Paid:02/23/2012 Sports Unlimited Amount: 3,968.00 Inv.120222 02/22/2012 Feb'12 3,968.00 Baseball, soccer, FlagFootball,Mini-Sam pler Check 123125 Date Paid:02/23/2012 Welch Village Ski Area Inc Amount: 23.00 Inv. 120226 02/22/2012 2.26.12 Chaperone lift tickets 23.00 Check 123126 Date Paid:02/23/2012 Alexander, Lori Amount: 41.00 Inv. Import - 1312 02/22/2012 Park and Rec Refund 41.00 Check 123127 Date Paid:02/23/2012 Bisanz, Kristine Amount: 41.00 Inv. Import - 1315 02/22/2012 Park and Rec Refund 41.00 Check 123128 Date Paid:02/23/2012 Brandt, Carl Amount: 41.00 Inv. Import - 1313 02/22/2012 Park and Rec Refund 41.00 Check 123129 Date Paid: 02/23/2012 Kinkade, Katherine Amount: 41.00 Inv. Import - 1314 02/22/2012 Park and Rec Refund 41.00 Check 123130 Date Paid:03/01/2012 Ace Lock & Safe Co Inc Amount: 255.00 Inv. A88536 01/25/2012 rekey cylinder on trilogy lock 110.00 Inv. A88565 01/31/2012 replac e elec strike 145.00 Check 123131 Date Paid: 03/01/2012 Action Fleet Inc Amount: 3,576.77 Inv. 6942 02/09/2012 Unit 1017 Squad new setup 3,576.77 Check 123132 Date Paid:03/01/2012 Adam's Pest Control, Inc. Amount: 345.21 Inv. 698299 02/23/2012 Feb'12 PCC Pest Control 74.81 Inv. 699934 02/23/2012 Jan-Mar'12 FS 1 Pest Control 80.16 Inv. 699935 02/07/2012 Jan-Mar'12 FS2 Pest Control 95.12 Inv. 699936 02/23/2012 Jan-Mar'12 FS3 Pest Control 95.12 Check 123133 Date Paid:03/01/2012 AI's Coffee Company Amount: 438.65 Inv. 136541 02/07/2012 IC Concession coffee resupply 438.65 Check 123134 Date Paid:03/01/2012 American Fastener Amount: 234.93 Inv. 00171233 02/08/2012 supplies -drill bits/nuts & bolts 234.93 Check 123135 Date Paid:03/01/2012 American Supply Group Inc Amount: 205.52 Inv. 37122 02/14/2012 PW teaspoon, knives,forks,plates, cups 205.52 Check 123136 Date Paid:03/01/2012 Anchor Paper Company Amount: 45.31 Inv. 3020796600 02/15/2012 Poster Board 9.83 Inv. 3020876600 02/23/2012 copy paper 35.48 Check 123137 Date Paid:03/01/2012 Baldy Sanitation Inc Amount: 292.87 Inv. 120210 02/10/2012 Feb'12 Fire 123 Rubbish Removal 292.87 Check 123138 Date Paid:03/01/2012 Batteries Plus Amount: 22.83 Inv.021240882 02/09/2012 Batteries 22.83 Check 123139 Date Paid:03/01/2012 Bollig & Sons Inc Amount: 28,476.25 Inv. 120215A 02/27/2012 Proj11016 #1 28,476.25 Check 123140 Date Paid:03/01/2012 Boyer Trucks Amount: $9,238,34Page $ Page 1 of 12 3/6/2012 Inv. 108183R 02/08/2012 Panel Inv. 456199 02/09/2012 sensor Inv. 456233 02/10/2012 HPB Sens Inv. CP277 02/07/2012 Unit 277 repair to both differentials Check 123141 Date Paid:03101/2012 Brooklyn Printing Inv. 022369557 02/29/2012 Spring/Summer'12 Activities guide booklet Check 123142 Date Paid:03/01/2012 Campbell Knutson Prof Assoc Inv. 120131 01/31/2012 Jan'12 Attorney service Check 123143 Date Paid:03101/2012 CenterPoint Energy Inv. 80000147373021 02/08/2012 12.22/1.31.12 Natural Gas Bill Check 123144 Date Paid:03/01/2012 CenturyLink Inv. 55097850212 02/16/2012 Feb'12 550.9785 Inv. 55188240212 02/16/2012 Feb'12 551.8824 Check 123145 Date Paid:03/01/2012 Clear North Technologies Inc Inv. 32028 02/10/2012 2.3.12 Fiber switch upgrade Inv. 32134 02/21/2012 3.24.12/3.23.13 CommVault Maint Check 123146 Date Paid:03/01/2012 Inv.773532 02/07/2012 Check 123147 Date Paid:03/01/2012 Inv.02181030212 02/07/2012 Inv.02536960212 02/13/2012 Inv.07140770212 02/16/2012 Inv.07578370212 02/07/2012 Inv.07578450212 02/07/2012 Check 123148 Date Paid:03/01/2012 Inv.484874 02/06/2012 Check 123149 Date Paid:03/01/2012 Inv. 365153CRC1 02/15/2012 Check 123150 Date Paid:03/01/2012 Inv.15532880000 02/06/2012 CMI Inc Gas Cylinder-Intogilyzer Comcast 2.16/3.15.12 PS/CC digital box 2.22/3.21.12 IC Digital box 2.26/3.25.12 ZWP Wireless 2.17/3.16.12 CC/PS Digital box 2.17/3.16.12 PCC digital box Construction Midwest Inc 500sy Filter fabric Continental Research Corporation Tefla Pent Crescent Electric Supply Co Fiber Cables Check 123151 Date Paid:03/01/2012 Dalbec Roofing Inc Inv. 51098 01/31/2012 1.30.12 Admin roof leak Check 123152 Date Paid:03/01/2012 Dalco Inv. 2422889 02/02/2012 PW 30cs towels,15cs TP Check 123153 Date Paid: 03/01/2012 Digital Ally Inc Inv. 1045219 02/06/2012 34 Extended DVM warranty Check 123154 Date Paid:03/01/2012 DTS/Document Tech Solutions Inv. INV57353 02/16/2012 IC 35PPM B&W/color MFP Inv. INV57883 02/23/2012 CC Reception area Sharp MX -C311 copier Check 123155 Date Paid:03/01/2012 Ehlers & Associates Inc Inv. 344232 02/10/2012 1.6.12 Oppidan Proposal in TIF 1.3 2011 Inv. 344233 02/10/2012 1.2/1.31.12 TIF Administration Check 123156 Date Paid:03/01/2012 Factory Motor Parts Co Inv. 70088403 02/10/2012 Brake Pads Inv.70088830 02/14/2012 Cap -Filter Page 1 of 12 266.77 239.10 259.05 8,473.42 Amount: $17,653.65 17,653.65 Amount: $40,045.45 40,045.45 Amount: $29,895.49 29,895.49 Amount: $107.02 50.75 56.27 Amount: $8,954.79 1,198.50 7,756.29 Amount: $111.15 111.15 Amount: $204.06 29.42 15.84 84.14 52.04 22.62 Amount: $496.97 496.97 Amount: $225.44 225.44 Amount: $75.64 75.64 Amount: $273.56 273.56 Amount: $2,483.86 2,483.86 Amount: $7,820.00 7,820.00 Amount: $12,100.39 7,347.66 4,752.73 Amount: $2,681.25 97.50 2,583.75 Amount: $122.40 116.65 5.75 Page 9 3/6/2012 Check 123157 Date Paid:03/01/2012 FedEx Inv. 779936241 02/22/2012 1.25/2.16.12 PD,PM,SW,IT,WRS Check 123158 Date Paid:03/01/2012 Inv. 123319 02/17/2012 Check 123159 Date Paid:03/01/2012 Inv. S01348084002 02/07/2012 Inv. S01348454001 02/02/2012 Inv. S01348552001 02/07/2012 Inv. S01348623001 02/07/2012 Inv. S01348888001 02/07/2012 Inv. S01349238001 02/07/2012 Inv. S01349289001 02/08/2012 Inv. S01349558001 02/10/2012 Inv. S01350977001 02/28/2012 Felling Trailers 2 Lunette Eye 3" Ferguson Enterprises Inc grease lube tubs See Cr SO 1350977001 12,8,6 PVC pipe 30 3PC Star G VB W/BASE&Lid 50 #6 Bases Star VB Top L/Lid solid tracer wire 10 Type II VB ADPT Fits #6 Cr inv S01348454.001,S01348206.001,S01348207.0 01 Check 123160 Date Paid:03/01/2012 Fidelity Building Services Inc Inv. 0062143IN 02/01/2012 Feb'12 Janitorial Inv. 0062144IN 02/01/2012 Feb'12 Sunday PD Janitorial Inv. 00622681N 02/01/2012 Jan'12 4cs trash liners Check 123161 Date Paid:03/01/2012 Inv.01379372 02/09/2012 Check 123162 Date Paid:03/01/2012 Inv. 104600571 02/08/2012 Check 123163 Date Paid:03/01/2012 Inv.9727597727 01/12/2012 Inv.9748165462 02/07/2012 Inv.9750086432 02/08/2012 Inv.9750999048 02/09/2012 Inv.9751447229 02/10/2012 Inv.9751918872 02/10/2012 Check 123164 Date Paid:03/01/2012 Inv. 120215 02/27/2012 Check 123165 Date Paid:03/01/2012 Inv.7613089 02/07/2012 Check 123166 Date Paid:03/01/2012 Inv. 3307322RI 02/07/2012 Check 123167 Date Paid:03/01/2012 Inv.174026 02/06/2012 Check 123168 Date Paid: 03/01/2012 Inv.39548 02/16/2012 Check 123169 Date Paid: 03/01/2012 Inv.231225 02/10/2012 Check 123170 Date Paid:03/01/2012 Inv.158442 02/27/2012 Check 123171 Date Paid:03/01/2012 Page 1 of 12 Force America Bolt keyed (2) Global Equipment Company 1 Metal Storage cabinet Grainger supplies-lamp/swivel caster/screwdriver ball check valve/socket supplies -full bidy harness Lamp supplies -Rubber overboot (2) supplies -full body harness Greenway Lawn Maintenance Inc Feb'12 Snowplowing Hach Company Chemicals Hawkins Water Treatment ZWP 659.8361gl Sodium Permanganate Hawkins, Ash,Baptie & Co. LLP Feb'12 Section 8 acctg service Hotsy Equipment of MN 79 Car wash soap Itron Inc Mar-May'12 G5POD,G5 Radio Handheld,MVRS Sftwr League of Minnesota Cities Ginny Black/3.21/3.22.11 conference LeRoy's Customs Amount: $534.41 534.41 Amount: $118.60 118.60 Amount: $9,675.15 109.81 806.69 1,107.01 4,257.26 3,402.37 574.35 194.43 680.47 1,457.24) Amount: $8,953.89 8,560.69 267.19 126.01 Amount: $321.93 321.93 Amount: $534.95 534.95 Amount: $791.89 28.62 66.50 313.14 11.86 57.46 314.31 Amount: 850.00 850.00 Amount: 552.92 552.92 Amount: 9,541.23 9,541.23 Amount: 246.00 246.00 Amount: 485.48 485.48 Amount: 1,055.70 1,055.70 Amount: $95.00 95.00 Amount: $422.16 Page 10 3/6/2012 Inv. 63744 02/21/2012 Luverne Omega Steps/PU running boards 422.16 Check 123184 Check 123172 Date Paid:03/01/2012 Liberty Property Ltd Partnership Amount: 2,949.74 Inv. 120227 02/27/2012 Ref bal escrow 12007/Plymouth Imaging 2,949.74 02/24/2012 Check 123187 Date Paid:03/01/2012 Center Check 123188 Date Paid:03/01/2012 Check 123173 Date Paid:03/01/2012 Liberty Property Ltd Partnership Amount: 465.00 Inv. 120125 01/25/2012 Refund planning applic 2012007/1.25.12 465.00 Check 123174 Date Paid:03101/2012 Logis Amount: 8,324.00 Inv. 34637 01/31/2012 Jan'12 GIS/Internet 4,504.00 Inv. 34683 01/31/2012 System Develop GIS/R&D 1,938.00 Inv. 34713 01/31/2012 Annual Network Wellness 1,882.00 Check 123175 Date Paid:03/01/2012 Loretto Auto Recondition Amount: 3,669.89 Inv. 32431 02/10/2012 Unit 1011 passenger side doors&panel repairs 3,669.89 Check 123176 Date Paid: 03/01/2012 LSC Resource Inc Amount: 2,607.75 Inv. 23591 02/09/2012 80 boxes 8x11 copy paper 2,607.75 Check 123177 Date Paid: 03/01/2012 Lyndale Plant Services Amount: 165.11 Inv. 24838 02/01/2012 Feb'12 Plant Care/Lease 165.11 Check 123178 Date Paid: 03/01/2012 Metro Water Conditioning Inc. Amount: 4,969.29 Inv. 14094 01/09/2012 FS2 new softener 4,552.89 Inv. 73032 01/25/2012 softner salt 416.40 Check 123179 Date Paid: 03/01/2012 Minneapolis Rifle club Amount: 160.00 Inv. 120201 02/27/2012 2012 Kuklok Membership 160.00 Check 123180 Date Paid:03/01/2012 Minnesota Conway Fire & Safety Inc Amount: 317.77 Inv. 35172 02/15/2012 PD Chemical recharge 317.77 Check 123181 Date Paid: 03/01/2012 Minnesota Recreation & Park Assoc/MRPA Amount: 510.00 Inv. 7269 02/23/2012 3 Basketball state berths 510.00 Check 123182 Date Paid:03/01/2012 Minnesota Society of Arboriculture/MSA Inv. 812568813051 02/18/2012 1.15/2.14.12 PD MDC's Check 123183 Date Paid:03/01/2012 Inv. 04869 12/16/2011 Check 123184 Date Paid:03/01/2012 Inv.646467 02/06/2012 Check 123185 Date Paid:03/01/2012 Inv.82168400 01/30/2012 Check 123186 Date Paid:03/01/2012 Inv. 51023P 02/24/2012 Check 123187 Date Paid:03/01/2012 Inv. T10245244 02/10/2012 Check 123188 Date Paid:03/01/2012 Inv. 12143 02/18/2012 Check 123189 Date Paid:03/01/2012 Inv. 4721 02/28/2012 Check 123190 Date Paid:03/01/2012 Inv. 595903432001 01/27/2012 Inv. 597563420001 02/09/2012 Inv. 597636969001 02/09/2012 Inv. 597641573001 02/09/2012 Page 1 of 12 Mobile Lock And Safe Co. Common MPH Industries Inc Radar cable MTI Distributing Inc Cutting Edge Robert Nesbitt 2.13/2.24.12 MN Joint Analysis Newman Signs 26 No Parking signs/8th Ave Recon Northland Petroleum Service Fuel dispenser repair Nutritional Weight & Wellness 2.16.12 "Gut Reaction" Office Depot Pocket folders Office Supplies Office Supplies Dividers/name badge Amount: $80.00 80.00 Amount: $4.00 4.00 Amount: $36.93 36.93 Amount: $207.59 207.59 Amount: $1,748.00 1,748.00 Amount: $314.13 314.13 Amount: $148.50 148.50 Amount: $216.00 216.00 Amount: $624.58 199.46 12.50 20.05 72.69 Page 11 3/6/2012 Inv. 597718702001 02/10/2012 Office Supplies Inv. 598089881001 02/14/2012 Office Supplies Inv. 598255575001 02/15/2012 Office Supplies Inv. 598342079001 02/15/2012 Office Supplies Check 123191 Date Paid:03/01/2012 Inv. 71750 01/30/2012 Inv. 71802 01/31/2012 Inv. 71863 01/31/2012 Inv. C306 01/26/2012 Inv. C307 01/26/2012 Inv. C308 01/26/2012 Inv. C309 02/27/2012 Inv. C310 01/26/2012 Inv. C311 01/26/2012 Owens Companies Inc maintenance -cleaned Pilot maint-clean burn problem/check boiler maint-replaced sight glass Jan-Mar'12 PW Prev Maint Jan-Mar'12 PCC Prev Maint Jan-Mar'12 PS Prev Maint Jan-Mar'12 St 73 Prev Maint Jan-Mar'12 CC Prev Maint Jan-Mar'12 FS1 Prev Maint Check 123192 Date Paid:03/01/2012 Paperdirect Inv. 3504484300015 02/07/2012 5 Certificate holder/citiz recog Inv. 3504518100019 02/08/2012 3 Citiz Recog stars Check 123193 Date Paid:03/01/2012 Inv. 8113 02/07/2012 Check 123194 Date Paid:03/01/2012 Inv.40476 02/24/2012 Check 123195 Date Paid:03/01/2012 Inv.040424 01/27/2012 Inv.040425 01/27/2012 Check 123196 Date Paid:03/01/2012 Inv.257899 02/08/2012 Check 123197 Date Paid:03/01/2012 Inv.120215 02/15/2012 Performance Signs & Displays Inc 10 Reflective Signs Perry's Truck Repair Cutting edge Phasor Electric Company add emergency light/labels for fire station replace Ballasts Printers Service Inc Ice Knife Sharp Protek Painting Inc Patch/paind wall&pillar in admin Check 123198 Date Paid:03/01/2012 Robert Half International Inc Inv. 34936657 02/14/2012 2.10.12 Finance Temp Sue Mady Inv. 34993217 02/23/2012 2.17.12 Finance Temp Sue Mady Check 123199 Date Paid:03/01/2012 Scharber & Sons Inv. 14566 12/30/2011 Unit 539 Kage 9' Snowplow Check 123200 Date Paid:03/01/2012 Selectaccount Inv. 873692 02/11/2012 Feb'12 FSANEBA Check 123201 Date Paid:03/01/2012 Shred N Go Inc Inv. 22877 02/22/2012 12.8/2.22.12 shredding Check 123202 Date Paid:03/01/2012 Sprint Inv. 812568813051 02/18/2012 1.15/2.14.12 PD MDC's Check 123203 Date Paid:03/01/2012 State Industrial Products Inv. 95509728 01/31/2012 1cs Magic Mat Morning fresh Check 123204 Date Paid:03/01/2012 Casey D Straub Inv. 24255378 02/27/2012 15853 27th Ave N water refund Check 123205 Date Paid:03/01/2012 Streicher's Inc Inv. CM254384 02/10/2012 Credt-Rtn - Belt/HD Garrison Inv#1899925 Inv. 1905068 02/10/2012 belt - see credit memo#CM254384 Page 1 of 12 27.41 146.94 53.50 92.03 Amount: $8,095.25 235.00 271.00 159.00 1,317.00 900.00 1,538.00 284.75 2,244.00 1,146.50 Amount: $191.90 91.94 99.96 Amount: $609.19 609.19 Amount: $135.73 135.73 Amount: $1,061.24 827.45 233.79 Amount: $18.00 18.00 Amount: $375.00 375.00 Amount: $5,880.00 2,940.00 2,940.00 Amount: $36,177.19 36,177.19 Amount: $415.41 415.41 Amount: $156.00 156.00 Amount: $678.77 678.77 Amount: $110.57 110.57 Amount: $60.99 60.99 Amount: $42.70 21.99) 21.99 Page 12 3/6/2012 Inv. 1905261 02/10/2012 Break free CLPA oz Bottles Check 123206 Date Paid:03/01/2012 Inv.1090929 02/09/2012 Inv.1090959 02/09/2012 Inv.1090960 02/09/2012 Inv.1090967 02/09/2012 Inv.1090969 02/09/2012 Sun Newspapers Ordinance #2012-04 Ordinance #2012-02 ordinance #2012-03 Publish -Budget Enterprise Funds Publish - Summary Budget 42.70 Amount: $842.31 62.95 263.78 137.89 227.81 149.88 Check 123207 Date Paid:03/01/2012 System Built DBA Suncrest Bldrs Amount: 10,000.00 Inv. 111101 02/23/2012 R2011005851 11. 1.11 Ref fin Guar/12316 Old 10,000.00 Amount: Rockford 350.00 Check 123208 Date Paid:03/01/2012 Taho Sportswear Inc Amount: 2,829.02 Inv. 12TF0162 02/06/2012 422 Safety staff T-shirts 2,829.02 Check 123209 Date Paid:03/01/2012 Target Bank Amount: 40.31 Inv. 120218 02/18/2012 2.2/2.10.12 Rec/PCC supplies 40.31 Check 123210 Date Paid:0310112012 ThyssenKrupp Elevator Amount: 188.98 Inv. 164744 02/01/2012 Feb'12 PS Elevator Maint 188.98 Check 123211 Date Paid:03/01/2012 Titan Machinery Inc Amount: 1,068.75 Inv. 9F00401 02/09/2012 2.3/3.1.12 Skidwheel rental 1,068.75 Check 123212 Date Paid:03101/2012 Total Control Systems Inc Amount: 92.45 Inv. 5971 02/09/2012 Timemark Phase monitor/pin socket 92.45 Check 123213 Date Paid:03/01/2012 Trans -Alarm Inc Inv. RMR804488 02/01/2012 Feb-Apr'12 FS2 Sprnklr monitoring Inv. RMR804489 02/01/2012 Feb-Apr'12 FS1 Sprnklr Monitoring Inv. RMR804490 02/01/2012 Feb-Apr'12 FS3 Sprnklr monitor Check 123214 Date Paid:03101/2012 Tri-State Pump & Control, Inc. Inv. 32326 02/07/2012 LS sealing assembly,lug,sealing flange 4" Check 123215 Date Paid:03/01/2012 Twin City Garage Door Co Inv. 361988 01/11/2012 2345 Jonquil Ln/Rehab loan payment Inv. 362547 01/17/2012 IC Rmv/rplc doors rplcmnt Check 123216 Date Paid:03101/2012 Uniforms Unlimited Inc. Inv. 109124 02/09/2012 Reserve Uniforms Check 123217 Date Paid:03/01/2012 United Rentals Northwest Inc Inv. 100930979001 01/12/2012 3000 Marking flag Inv. 101244936001 02/03/2012 5 Confined space training/manuals Check 123218 Date Paid:03/01/2012 Inv.120320 02/27/2012 Check 123219 Date Paid:03/01/2012 Inv. 120131 02/27/2012 University of Minnesota Buck/Newberger 3.20/3.21.12 shade Tree USTA/United States Tennis Assoc 2011 Dan Lauer Membership Check 123220 Date Paid:03/01/2012 Viking Industrial Center Inv. 290090 02/06/2012 2 50' Confined space rescue/retrieval syst Inv. 290297 02/08/2012 Tripod Zippered Carrying Bag Check 123221 Date Paid:03/01/2012 Village Chevrolet Co. Inv.236201 02/08/2012 valve Check 123222 Date Paid:03/01/2012 W D Larson Companies LTD Inc Inv. F220400039 02/09/2012 Filters Inv. F220400078 02/09/2012 Filters Page 1 of 12 Amount: $790.83 263.61 263.61 263.61 Amount: $1,555.51 1,555.51 Amount: $2,691.00 716.00 1,975.00 Amount: 443.38 443.38 Amount: 946.41 507.66 438.75 Amount: 350.00 350.00 Amount: 35.00 35.00 Amount: 5,706.88 5,615.26 91.62 Amount: $32.96 32.96 Amount: $39.11 35.48 3.63 page 13 3/6/2012 Check 123223 Date Paid:03/01/2012 The Watson Company Inv. 809205 02/09/2012 IC Concession food resupply Check 123224 Date Paid:03/01/2012 Weld and Sons Plumbing Inc Inv. 11908133 01/26/2012 1.26.12 FS2 plumbing repairs Check 123225 Date Paid:03/01/2012 Inv. 8137 02/21/2012 Check 123226 Date Paid:03/01/2012 Inv. 51450946640212 02/10/2012 Inv. 51593725790212 02/10/2012 Inv. 51685621580212 02/10/2012 Check 123227 Date Paid:03/01/2012 Inv. K0795904 02/04/2012 Amount: $1,005.03 1,005.03 Amount: $1,072.54 1,072.54 Wild Mountain Amount: $943.00 2.3.12 WCMS ski trip $943.00 Xcel Energy Amount: $5,621.65 12.15/2.6.12 6 Playfield $2,121.31 1.1/1.31.12 3 Transit shelters $1,629.86 12.29/1.31.12 Traffic Signals less Nuclear fuel $1,870.48 stlmnt Ziegler Inc 2.15/3.14.12 loader rental Check 123228 Date Paid:03/01/2012 City of Wayzata Inv. 120224 02/27/2012 Tabs for 150,195,1011,1700,1701, plates for 195 Check 123229 Date Paid:03/01/2012 Inv. 120201 02/01/2012 Check 123230 Date Paid:03/01/2012 Inv. 2012-00000042 02/27/2012 Check 123231 Date Paid:03/01/2012 Inv. 2012-00000043 02/27/2012 Check 123232 Date Paid:03/01/2012 Inv. 2012-00000044 02/27/2012 Check 123233 Date Paid: 03/01/2012 Inv. Import 1318 02/28/2012 Check 123234 Date Paid: 03/01/2012 Inv. Import - 1316 02/28/2012 Check 123235 Date Paid:03/01/2012 Inv. Import 1320 02/28/2012 Check 123236 Date Paid: 03/01/2012 Inv. Import - 1317 02/28/2012 Check 123237 Date Paid: 03/01/2012 Inv. Import - 1319 02/28/2012 Total Payments: 208 Paul Fischer 1.23/2.1.12 5 dinners DARE Trng/Richfield Law Enforce Labor Serv./Union DUES POL - Police Union Dues MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* MN Child Support Payment Ctr CHID SUP% - Child Support Percentage* Biewen, Shirley Park and Rec Refund Hanson, Elizabeth (Bette) Park and Rec Refund Klaers, Thomas Park and Rec Refund Klugman, Gail (Journey) Park and Rec Refund Truenow, Irma Park and Rec Refund Amount: $2,885.63 2,885.63 Amount: $61.00 61.00 Amount: $99.48 99.48 Amount: $1,373.82 1,373.82 Amount: $2,372.77 2,372.77 Amount: $1,634.52 1,634.52 Amount: $30.00 30.00 Amount: $4.00 4.00 Amount: $41.00 41.00 Amount: $15.00 15.00 Amount: $54.00 54.00 Total Amount Paid: $1,333,593.75 Page 14 Page 1 of 12 3/6/2012 Date: 3/6/12 Time: 3:25:57 PM H.M.S. Windows - Housing Assistance. Payments PAYMENT REGIS'T'ER -SUMMARY Page: 0001 Q:lhmslreportslPA YS UM.QR P Bank Account Description/Account Number 3110681 Number Date Method Status Name Of Payee Total 0005677 311/12 Computer Ck. Paid Dmitriy Akerman 1,220.00 0005678 3/1/12 Computer Ck. Paid Simon Akerman 911.00 0005679 3/1/12 Computer Ck. Paid Ilya Alchits 934.00 0005680 3/1/12 Computer Ck. Paid The Place Apartments 1,609.00 0005681 3/1/12 Computer Ck. Paid Summer Creek Apts 1,780.00 0005682 3/I/12 Computer Ck. Paid Melair Associates LP DBA 0.00 0005683 3/1/12 Computer Ck. Paid Melair Associates LP DBA 26,649.00 0005684 3/1/12 Computer Ck. Paid Wayne Austin 1,116.00 0005685 3/1/12 Computer Ck. Paid Bass Lake Hills Townhomes, LP 1,661.00 0005686 3/1/12 Computer Ck. Paid Vladimir Begun 752,00 0005687 3/1/12 Computer Ck. Paid Bigos Willow Creek 0.00 0005688 3/1112 Computer Ck. Paid Bigos Willow Creek 20,418.00 0005689 3/1112 Computer Ck. Paid Bigos-Oakwood LLC 818.00 0005690 3/1/12 Computer Ck. Paid Hoa Chen 102.00 0005691 3/1/12 Computer Ck. Paid Esso Properties, LLC 1,291.00 0005692 3/1/12 Computer Ck. Paid Fernbrook Townhomes 7,029,00 0005693 3/1/12 Computer Ck. Paid Tim & Holly Flemming 720.00 0005694 3/1/12 Computer Ck. Paid Four Seasons Estates 15,889.00 0005695 3/1/12 Computer Ck. Paid Four Seasons Villa 444.00 0005696 3/1/12 Computer Ck. Paid Todd Haigh 0,00 0005697 3/1/12 Computer Ck. Paid Dean Halliwill 433.00 0005698 3/1/12 Computer Ck. Paid Amy Haugen 1,071.00 0005699 3/1/12 Computer Ck. Paid Andrew Hca] 1,054.00 0005700 311/12 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0005701 3/1/12 Computer Ck. Paid Heartland -Plymouth LkVwCommons 43,101.00 0005702 3/1/12 Computer Ck. Paid Robin Lea Helhmer 930.00 0005703 3/1/12 Computer Ck. Paid Paul Hintermeyer 475.00 0005704 311/12 Computer Ck, Paid Elena & Boris Iliarski 675.00 0005705 311/12 Computer Ck. Paid Eric Johansen 585.00 0005706 3/1/12 Computer Ck. Paid Joseph Palen 1,742.00 0005707 311/12 Computer Ck. Paid Barbie Jo Kalash 627.00 0005708 311/12 Computer Ck. Paid Gennadiy ICharam 511.00 0005709 311/12 Computer Ck. Paid Lancaster Village Partnership 6,362.00 0005710 3/1/12 Computer Ck. Paid Kathy LaPointe 627.00 0005711 3/1/12 Computer Ck, Paid Shawn Liu 228.00 0005712 3/l/12 Computer Ck. Paid Gregory Mazo 966.00 0005713 3/1112 Computer Ck. Paid Joan M. Michaud 565.00 0005714 3/1112 Computer Ck. Paid IClara Mints 1,154.00 0005715 3/1/12 Computer Ck. Paid Grant Moosbrugger 871.00 0005716 3/1/12 Computer Ck. Paid Park Place Apartments 832.00 0005717 3/1/12 Computer Ck. Paid Parkside Apartments 7,169.00 0005718 3/1/I2 Computer Ck. Paid Plymouth Colony Apartments 9,172.00 0005719 3/1/12 Computer Ck. Paid Plymouth Ponds Ltd Partnership 15,047.00 0005720 3/1/12 Computer Ck. Paid Plymouth Pointe Apartments 455.00 0005721 3/1/12 Computer Ck. Paid Regency Pointe Apartment Hames 14,361.00 0005722 3/1/12 Computer Ck. Paid Ilya Roytelman 596.00 0005723 3/1/12 Computer Ck. Paid Paul Savariraj 642.00 0005724 3/1/12 Computer Ck. Paid Shenandoah Woods 12,420,00 0005725 3/1/12 Computer Ck. Paid Gopal B Shenoy 1,775.00 0005726 3/1/12 Computer Ck. Paid Plymouth Leased Housing Assoc 10,098.00 0005727 3/1/12 Computer Ck. Paid Dawa Tashi 566.00 0005728 3/1/12 Computer Ck. Paid Irina Turovskaya 573.00 0005729 3/1/12 Computer Ck. Paid Vicksburg Crossing 2,646.00 Page 15 Date: 3/6/12 H.M.S. Windows - Housing Assistance Payments Page: 0002 Time: 3:25:57 PM PAYMENT REGISTER -SUMMARY Q:Ihmslreports%PAYSUM.QRP 0005730 3/1/12 Computer Ck. Paid Vicksburg Commons 5,163.00 0005731 3/1/12 Computer Ck. Paid Vladimir Voynov 792.00 0005732 3/1/12 Computer Ck. Paid Wellington Apartments Partnership 2,441.00 0005733 3/1/12 Computer Ck. Paid David Wick 1,092.00 0005734 3/1/12 Computer Ck. Paid Xiang Zhan 1,092.00 0005735 3/1/12 Computer Ck. Paid Dakota County Community Development Agen 873.09 0005736 3/1/12 Computer Ck, Paid Lake County Housing Authority 556.09 0005737 3/1/12 Computer Ck. Paid Scott County CDA 984.09 0005738 3/1/12 Computer Ck. Paid St. Louis Park Housing Authority 47.09 0005739 3/1/12 Computer Ck. Paid Samella Matthews 55.00 0005740 3/1/12 Computer Ck. Paid Tiffany Pegues 63.00 0005741 3/1/12 Computer Ck. Paid Dhol Warsame 39.00 0005742 3/1/12 Computer Ck. Paid Fartun Hussen 63.00 0005743 3/1/12 Computer Ck. Paid Anita Williams 16.00 0005744 3/1/12 Computer Ck, Paid Natasha Davis 26.00 0005745 3/1/12 Computer Ck. Paid Robert Ramirez 20.00 0005746 3/l/I2 Computer Ck. Paid Sadia Abdullahi 63.00 0005747 311/12 Computer Ck. Paid Debra Williams 33.00 0005748 3/1/I2 Computer Ck. Paid Tanicia Clark 40.00 Total For Bank Account $235,130.36 Of Totals Transactions Computer Checks 384 $235,130.36 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $235,130.36 Total - All Bank Accounts Printed: $235,130.36 Page 16 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING MARCH 3, 2012 WHEREAS, a list of disbursements for the period ending March 3, 2012 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 M & I — Housing Assistance Payments Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on March 13, 2012 180,581.42 331,648.62 818,960.56 2,403.15 1,333,593.75 235,130.36 235,130.36 1,568,724.11 Page 17 City of Agenda 6 . 0 3PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Jim Barnes, Housing Programs Manager March 13, 2012 Reviewed by: Steve Juetten, Community Development Director Approve the submission of a Hennepin County Transit Item: Oriented Development (TOD) application (Quest Development, Inc.) 1. ACTION REQUESTED: Adopt the attached resolution approving the submission of a Hennepin County Transit Oriented Development application on behalf of Quest Development for the 157 -unit multi -family housing project proposed to be located at the southwest corner of highway 169 and highway 55. 2. BACKGROUND: On April 12th, 2011 the City Council approved a PUD General Plan and the creation of a Tax Increment Financing District at the southwest quadrant of highways 169 and 55 on behalf of Quest Development. At that point, the developer was still investigating possible funding options for the project. They have decided on a course of action and will be submitting a number of applications to various state funding entities to piece together the necessary funds for the project. They will be submitting applications to Hennepin County, The Minnesota Housing Finance Agency and the Metropolitan Council. Their application to Hennepin County is for the Transit Oriented Development (TOD) and HOME programs. The County requires that cities submit a resolution acknowledging and supporting the project on behalf of the developer for the TOD program. By approving the attached resolution supporting the submission of the application, the City will further assist this development. 3. BUDGET IMPACT: These funds will not have an impact on City's budget. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION SUPPORTING THE SUBMISSION OF A HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROGRAM APPLICATION ON BEHALF OF QUEST DEVELOPMENT FOR THE 9805 HIGHWAY 55 APARTMENTS WHEREAS, the City of Plymouth (the "City") is a city located within Hennepin County and is therefore eligible to access the Transit Oriented Development (TOD) Grant Program; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City Council supports the submittal of an application in accordance with Minnesota Statutes § 38313.77 Subd. 3., to Hennepin County for the Transit Oriented Development Program on behalf of the City of Plymouth and authorizes the Mayor and City Manager to execute such agreements as are necessary to implement the project on behalf of the applicant. Approved this 13th day of March 2012. Page 2 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting City Clerk of the City of Plymouth, Minnesota (the "City"), hereby certify that the attached resolution is a true copy of Resolution No. 2012-, entitled: "RESOLUTION SUPPORTING THE SUBMISSION OF A HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT APPLICATION ON BEHALF OF QUEST DEVELOPMENT FOR THE 9805 HIGHWAY 55 APARTMENTS" (the Resolution"), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Council of the City at a meeting on March 13, 2012, and that the meeting was duly held by the City Council and was attended throughout by a quorum; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that upon vote being taken on the Resolution at said meeting, the following Councilmembers voted in favor thereof: and the following voted against the same: and the following abstained from voting thereon or were absent: WITNESS my hand officially this day of 12012. City Clerk 2 Page 3 rp)City of Plymouth ridding Quality to Life REGULAR COUNCIL MEETING March 13, 2012 Agenda 6.04Number: To: Laurie Ahrens, City Manager Prepared by: Kip Berglund, HRA Specialist Reviewed by: James Barnes, Housing Programs Manager and Steve Juetten, Community Development Director Item: Approve 2012 Community Development Block Grant (CDBG) program year allocation 1. ACTION REQUESTED: Adopt the attached resolution approving the allocation of $230,998.00 of CDBG funds and authorizing the submittal of an application to the U.S. Department of Housing and Urban Development (HUD) for the 2012 CDBG funds as recommended by the Plymouth Housing and Redevelopment Authority (HRA). 2. BACKGROUND: The Department of Housing and Urban Development (HUD) has released the official funding amount for the 2012 Community Development Block Grant (CDBG) program year. The amount that HUD will allocate is $230,998.00; this estimated allocation is slightly lower than recent years due to the current legislation to further reduce the overall Federal Budget which includes the CDBG allocation. The 2012 program year begins on July 1, 2012 and runs through June 30, 2013. In order to determine the funding needs for program year 2012, staff evaluated the mid -year progress of the 2011 CDBG funded activities. The HRA administers three programs internally with CDBG funds. The First Time Homebuyer FTHB), Housing Rehabilitation, and Affordable Housing Development account. Funds are also used to fund six social service agencies and some of the funds set aside for administration and fair housing activities. First Time Homebuyer Program — Due to the reduced allocation, staff recommends allocating no funds to the First Time Homebuyer program. An estimated $15,000.00 in carry-over funds from the 2011 program year and estimated $20,000.00 in repayments will provide a total of $35,000.00 available for the 2012 program year. This will allow for one -to -two loans and any additional repayments will be distributed as new loans when it becomes available. Housing Rehabilitation Program - There are two types of Housing Rehabilitation assistance programs available to eligible homeowners, deferred loans and small repair grants. The Housing Rehabilitation Deferred Loan is available to low and moderate -income households to maintain, repair, and improve their homes. The program provides up to $30,000.00 for eligible repairs through a deferred zero interest loan that will be forgiven after 20 years if the homeowner continues to own and occupy the home. The Small Repair Grant is a pool of funds set aside within the program to be used for small and emergency repairs for qualifying homeowners. The program allows a maximum of $5,000.00 in grant funds to be used for emergency and small repairs for qualifying seniors age 55 or older. Page 1 Staff recommends allocating $150,498.00 to this program in 2012. This $150,498.00, plus an estimated $30,000.00 in repayments and a carryover of funds from the 2011 program year allocation will provide a total of $180,498.00 available for the 2012 program year. The rehab program is being recommended for funding as opposed to the first time homebuyer program because staff feels that the rehab program has more of a direct benefit on the City of Plymouth housing stock. The rehab program helps to preserve neighborhoods by the rehabilitation of individual households in need of repair. Affordable Housing - The third program that CDBG administers is the Affordable Housing Development account which assists with the rehabilitation of affordable rental / owner -occupied units. In previous years these funds have assisted primarily rental projects such as the one proposed by Hammer Residences. Hammer has a long history of working with the City and the HRA to provide housing assistance to their clientele. Staff is recommending funding in the amount of 15,000.00 be allocated to Hammer Residences. Hammer Residences will use the funds to remodel one home. Improvements include replacing windows at the home. These improvements will make the home more energy efficient and extend the life of the home. Social Service - CDBG regulations limit the amount of funds that can be spent on "public service" activities. Public service activities are those activities "which are directed toward improving the community's public services and facilities" to serve low- and moderate -income clientele. The regulations stipulate that public service funding may not exceed 15% of the City's total allocation 230,998.00), plus 15% of the previous year's program income ($25,000.00). Staff mailed out nine CDBG applications and seven applications were returned. Six of the organizations are current CDBG sub -recipients; Community Action Partnership of Suburban Hennepin (CAPSH), Family Hope Services, HOME Line, People Responding in Social Ministry PRISM), Senior Community Services (SCS) and YMCA POINT Northwest. Thy Word submitted an application for funding for the first time this year. However, due to the further decreased allocation and recommended similar allocation as 2011 in funding for returning sub -recipients, staff is not recommending funding Thy Word in the 2012 allocation. JVS — a division of Jewish Family Services and Interfaith Outreach and Community Partners, did not apply for funding. Staff evaluated and ranked the individual proposals based on the following criteria: Program/Project Feasibility: "Project Overall Feasibility" refers to the likelihood that the proposed project may be completed within the timeline proposed and within reasonable parameters of risk. Organizational Capacity: "Organizational Capacity" refers to the likelihood of the organization being able to complete the proposed project. Leverage of Other Funds: "Leverage of Other Funds" refers to the extent to which the proposal demonstrates the involvement of local partnerships and the extent to which other funds are leveraged; including contributions from philanthropic, public, and private organizations and/or local employers, as well as in-kind contributions. Consistency with the goals and priorities outlined in 2010-2014 Consolidated Plan adopted by the Hennepin County Consortium. Page 2 To remain consistent with previous years, staff recommends allocating $35,000.00 among the six public service applicants, which is 13.7% of the 2012 allocation with program income ($25,000.00). Community Action for Suburban Hennepin (CAPSH) 12,000.00 Family Hope Services 7,000.00 HOME Line 6,000.00 Northwest Branch YMCA, Point Northwest Program 5,000.00 People Responding in Social Ministry (PRISM) 2,300.00 SCS — Senior Community Services 2,700.00 Total $35,000.00 Administration - CDBG regulations limit the amount of funds that can be spent on administration to no more than 20 percent of the total allocation, (approximately $46,000) for the 2012 program year. There are no unexpended funds anticipated to be carried over from the 2011 program year and therefore staff is requesting $29,000 be budgeted for administration. Fair Housing Activities - Plymouth participates in the Hennepin County Consortium Fair Housing Initiative. The initiative addresses the impediments identified in the Analysis of Impediments to Fair Housing (Al) that were previously prioritized by the Consortium, and describes actions and accomplishments during the report year to address each. For the 2012 program year it is recommended that the Plymouth HRA provide $1,500 of CDBG funds toward this collaborative effort. On February 23, 2012 the Plymouth HRA held a public hearing to consider citizen comments as to the use of 2012 CDBG funds. Representatives of various non-profit agencies attended. The HRA Board discussed whether or not the full 15 percent of the CDBG allocation of funds should be allocated toward the social service agencies as allowed. However, in order to do that, funds would need to be taken from another budget line item. The additional funds ($3,399) would most likely be taken from the rehabilitation loan program. As previously mentioned, staff feels that the rehab program has the most direct positive impact on the existing Plymouth housing stock. Therefore, it is recommended that the funds remain in the rehab program. With that, the HRA Board approved the attached resolution and requested the City Council confirm their recommendation. 3. BUDGET IMPACT: There is no direct financial impact to the City or the HRA. The amount of $230,998.00 comes from the City's participation in the CDBG program, which requires the City to submit an application for these funds. 4. ATTACHMENTS: 1. HRA Staff Report and Resolution 2. Ten -Year CDBG Activity Chart 3. Draft City Council Resolution Pertaining to 2012 CDBG Allocation of Funds and Application Page 3 Agenda Number 3.A. PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY STAFF REPORT TO: Plymouth Housing and Redevelopment Authority FROM: Kip Berglund, HRA Specialist through Jim Barnes, Housing Programs Manager and Steve Juetten, Executive Director MEETING DATE: February 23, 2012 SUBJECT: Community Development Block Grant (CDBG) - Public hearing on 2012 CDBG program year allocation with recommendation to the City Council BACKGROUND: The 2012 Community Development Block Grant (CDBG) program year funding allocation has been released by the Department of Housing and Urban Development (HUD), HUD will allocate 230,998 in CDBG funds to the City of Plymouth for the 2012 program year. Included in this packet is a historic review that summarizes CDBG activity over the past ten years. It shows the activity in the first time homebuyer loan program, rehabilitation loan program, rental housing assistance and number and type of categories served by the social sei vices funding. This program year allocation is slightly lower than recent years due to the current legislation to further reduce the overall CDBG allocation. The 2012 program year begins July 1, 2012 and runs through June 30, 2013. In order to determine the funding needs for the 2012 program, staff evaluated the mid -year progress of the 2011 CDBG funded activities. The following chart shows the 2011 program year goals, as submitted to HUD, along with our present progress: Page 4 2011 CDBG ACTION PLAN GOALS AND PROGRESS: Goals Progress made through 2011 Budget Expended as Balance as of 12/31111 of 12/31/11 12/31/11 Provide 6 housing 7 rehab projects 3 195,677.51 * 117,177.80 78,499.71 rehabilitation deferred completed, and 4 loans or small repair grants housing rehab deferred HRA.) loans/ rants in progress Provide 5 first time 3 first time homebuyer 139,628.78* 39,835.46 99,793.32* homebuyer deferred loans deferred loans issued HRA) Assist with the rehab of 2 units completed 40,000.00 0.00 40,000.00 two affordable rental owner -occupied units HAMMER) Provide 86 households 29 households served 12,880.00 0.00 12,8800.00 homeownership and foreclosure educational through CAPSH Provide services to 215 111 households served 5,520.00 0.00 5,520.00 renter households through HOME Line Provide 800 rides to 45 268 rides 2,300.00 0.00 2,300.00 Plymouth residents through 34 people served PRISM Express Assist 90 homeless and 27 youth served 5,060.00 0.00 5,060.00 near -homeless youth through YMCA Provide services to 320 at- 158 youth served 6,440.00 0.00 6,440.00 risk youth through Family Hope Provide services to 30 25 individuals served 2,760.00 0.00 2,760.00 seniors with the H.O.M.E Household and Outside Maintenance for Elderly) program through S.C.S. Provide service to one No qualifying families 1,200.00 0.00 1,200.00 family with critical ill child served through Spare Key Fair Housing Activities Outreach, education and 3,000.00 0.00 3,000.00 enforcement activities in the Consortium Administration of CDBG Administration 29,596.00 11,863.95 17,732.05 Activities TOTALS: 444,062.29 1 168,877.21 1 $275,185.08* These figures include unexpended funds from previous program years and/or program income received to date. Page 5 FUNDING RECOMMENDATIONS FOR HRA ADMINISTERED PROGRAMS: Throughout 2011, staff did considerable marketing of the First Time Homebuyer Program, Housing Rehabilitation Program and Foreclosure Prevention. We continue to market the programs and anticipate that we will be close to meeting our goals for 2011. We do anticipate carry-over funds for both the First Time Homebuyer and Rehabilitation programs although in smaller amounts than in recent years. This is due to both receiving a smaller allocation in 2011 and the increased rehabilitation loan activity and steady first time homebuyer loan activity. The HRA administers three programs internally with CDBG funds; including the First Time Homebuyer, Housing Rehabilitation, and Affordable Housing Development account. The First Time Homebuyer program has assisted an average of seven households per year over the past five years. There are two types of housing rehabilitation assistance programs available to eligible homeowners, deferred loans and small repair grants. The Deferred Loan program is available to low and moderate -income households to maintain, repair, and improve their homes. The Small Repair Grant program is used for small and emergency repairs for qualifying seniors age 55 or older. The Housing Rehabilitation program assisted an average of eight households per year over the past five years. Both the First Time Homebuyer and Home Rehabilitation programs generate income from the repayment of loans. We have experienced a steady amount of repayments over the past couple of years. Due to the status of the housing market it is difficult to predict the amount of program income we will receive for the 2012 program year and therefore staff is conservatively budgeting 20,000 of program income for each program. In the 2012 program year budget, because of the anticipated further reduction in the CDBG allocation, staff recommends providing $150,498.00 to the Housing Rehabilitation (Rehab) program and none to the First Time Homebuyer (FTIIB) program. FTHB loans would be available through utilizing any program carry-over from 2011 and through any program income that is received throughout the year. The rehab program is being recornmended for funding because staff feels that the rehab program has more of a direct benefit on the City of Plymouth housing stock. The rehab program helps to preserve neighborhoods by the rehabilitation of individual households in need of repair. The rehab program guidelines have recently been modified to allow for a larger maximum loan amount ($30,000.00 rather than $20,000) and allow for a larger overall loan -to -value maximum (110% rather than 100%). Staff believes the allocations listed above along with the carry-over of 2011 funds will sufficiently meet the needs of the rehab program while allowing the FTHB program to continue to function using any remaining program carryover funds and as funding becomes available through program income. The third program that CDBG administers is the Affordable Housing Development account which assists with the rehabilitation of affordable rental / owner -occupied units. In previous years these funds have assisted primarily rental projects such as the one proposed by Hammer Residences. Harrier has a long history of working with the City and the HRA to provide housing assistance to their clientele. Staff is recommending the reduced funding of $15,000.00 3 Page 6 be allocated to Hammer Residences because of the continued reduction in overall CDBG allocation, Hammer Residences will use the funds to remodel one home. Improvements include either replacing windows at one home or siding at another. These improvements will make the homes more energy efficient, extend the life of the homes and make the homes more aesthetically pleasing to the surrounding neighborhood. CDBG regulations limit the amount of funds that can be spent on administration to no more than 20 percent of the total allocation, (approximately $46,000) for the 2012 program year. There are no unexpended funds anticipated to be carried over from the 2011 program year and therefore staff is requesting $29,000.00 be budgeted for administration in 2012. Housing Proposed Activity _ Estimated 2012 2012 Funding Total Amount Program 2011 Funds Estimated Recommendations Available Carried Over Program to 2012 Income Housing Provide 4 housing 10,000.00 20,000.00 150,498.00 180,498.00 Rehabilitation rehabilitation loans to Deferred Loan income -eligible Program households. Provide 2 small repair grants. First Time Provide 2 loans to assist 15,000.00 20,000.00 0.00 35,000.00 Homebuyer with down payment and Deferred Loan closing costs. Program Affordable Assist with development 0.00 NA 15,000.00 15,000.00 Housing of one affordable rental — Development unit Fair Housing Outreach, education and 0.00 NA 1,500.00 1,500.00 Activities enforcement activities in the Consortium CDBG Administration 0.00 NA 29,000.00 30,392.00 Administration Total: 25,000.00 40,000.00 1.95,998.00 262,390.00 FUNDING RECOMMENDATIONS FOR PUBLIC SERVICES: CDBG regulations limit the amount of funds that can be spent on "public service" activities. Public service activities arc those activities "which are directed toward improving the community's public services and facilities" to serve low- and moderate -income clientele. The regulations stipulate that public service funding may not exceed 15% of the City's total allocation ($230,998.00), plus 15% of the previous year's program income ($25,000.00). For the 2012 program year, Plymouth cannot fund public service activities in excess of $38,399.70. Staff recommends allocating $35,000.00 among the six public service applicants. 4 Page 7 Staff mailed out nine CDBG applications and seven applications were returned. Six of the organizations are current CDBG sub -recipients and one is a new sub -recipient applicant. Thy Word is requesting funds for the first time through the PIymouth CDBG program. A detail of their request is listed below. Staff evaluated and ranked the individual proposals based on the following criteria: Program/Project Feasibility: "Project Overall Feasibility" refers to the likelihood that the proposed project may be completed within the timeline proposed and within reasonable parameters of risk. Organizational Capacity: "Organizational Capacity" refers to the likelihood of the organization being able to complete the proposed project. Leverage of Other Funds: "Leverage of Other Funds" refers to the extent to which the proposal demonstrates the involvement of local partnerships and the extent to which other funds are leveraged; including contributions from philanthropic, public, and private organizations and/or local employers, as well as in-kind contributions. Staff also reviewed the City's 2012 Budget for commitments to human service agencies to ensure no duplications are made of City General funds and CDBG funds. The 2012 Budget includes $109,450 in funding for ten human service agencies. There are two duplicate agencies; PRISM and Senior Community Services. The City's funding for PRISM is allocated for their food shelf program. Senior Community Services (SCS) is requesting funding for the one of the two programs funded by the City. The 2011 funding allocation for social services totaled $35,815.00. The total amount of public service funds requested for 2012 is $64,283.00, which means we will not be able to fund all of the social service agencies at their requested amount. Staff is recommending a similar allocation as 2011 in the amount of funding for each of the returning sub -recipients. Thy Word submitted an application for funding for the first time this year. However, due to the further decreased allocation and recommended similar allocation as 2011 in funding for returning sub-recipicnts, staff is not recommending funding Thy Word in the 2012 allocation. A summary of each application and the staff ranking of the applications are attached. The following table is a summary of the public service funding requests and the amount of funding recommended by staff. 5 Page 8 Public Service Proposed Activity Amount Recommended Requests: (in order Requested Funding of ranking) CAPSH Provide foreclosure prevention, tenant, 15,000 12,000 rehab, pre -purchase and reverse mortgage counseling to 80 households. PRISM Express Provide transportation services 2,300 2,300 providing 780 rides to Plymouth residents. HOME Line Provide tenant hotline, tenant 9,223 6,000 representation in negotiations to preserve affordable housing to 250 households. YMCA Provide counseling, case management, 10,000 5,000 crisis intervention, street based outreach, shelter, and referral services to 35 youth. Family Hope Provide weekly support group services 10,000 7,000 Services and one-to-one mentoring with 200 at - risk youth. Senior Community Provide minor home maintenance 2,760 2,700 Services (SCS) services for 30 Plymouth residents. Thy Word Provide counseling and transportation 10,000 to 0 for 250 Plymouth residents to and from 15,000 the religious institution for the homeless and chemically dependent Total: 64,2$3 35,000 Staff recommends that after holding the scheduled public hearing and considering any public comments the Board review staffs proposed uses for 2012 CDBG funds and adopt the attached resolution providing a recommendation to the City Council for adoption of its 2012 CDBG program funding. Attachments: 1. Resolution 2012-03 2. List of Applicants Solicited for 2012 CDBG Public Service Applications 3. Summary of 2012 CDBG Public Service Funding Applications 4. 2012 CDBG Public Service Staff Ranking and Ranking Criteria 5. Ten -Year CDBG Activity 6. Draft 2012 Action Plan 0 Page 9 CITY OF PLYMOUTH HRA RESOLUTION 2012-03 A RESOLUTION TO APPROVE THE APPLICATION AND ALLOCATION OF FISCAL YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Plymouth anticipates receiving a Community Development Block Grant CDBG) funding allocation of $230,998.00 for CDBG fiscal year 2012; and WHEREAS, on February 23, 2012, the Plymouth Housing and Redevelopment Authority held a duly constituted public hearing to allow interested parties to express their opinion; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Plymouth, MN has determined the following to be an appropriate use of Community Development Block Grant funds in accordance with federal guidelines and the City's HUD approved Consolidated Plan; NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTORITY OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby recommends that the City Council authorize the City Manager to apply for 2012 Community Development Block Grant funds totaling $230,998.00 from the U.S. Department of Housing and Urban Development with the following allocations: I . Housing Rehabilitation Grant/Loans 2. First Time Homebuyer Assistance Program 3. Community Action Partnership of Suburban Hennepin (CAPSH) 4. Family Hope Services 5. HOME Line 6. Northwest Branch YMCA, Point Northwest Program 7. People Responding in Social Ministry (PRISM) 8. Senior Community Services (SCS) 9. Program Administration 10. Affordable Housing Development 11. Fair Housing Activities 150,498.00 0.00 12,000.00 7,000.00 6,000.00 5,000.00 2,300.00 2,700.00 29,000.00 15,000.00 1,500.00 Total $230,998.00 BE IT FURTHER RESOLVED, that any increase in the anticipated funding amount for the 2012 CDBG fiscal year will be split equally between the 2012 Housing Rehabilitation and Social Service Programs (within the 15% maximum allowance). Any decrease will be split equally between the 2012 Housing Rehabilitation, Affordable Housing Development Account and Social Service Programs (within the 15% maximum allowance). BE IT FURTHER RESOLVED, that it is hereby recommended to the City Council that all CDBG program income may be used to cover expenses generated in any existing CDBG program or activity and not just expenses related to the activity generating the income, unless otherwise reallocated by the City Council. BE IT FURTHER RESOLVED, that it is hereby recommended to the City Council that all unexpended 2011 CDBG funds be allocated to the same program activity in 2012, unless otherwise reallocated by the City Council. Approved this 23rd day of February, 2012 by the PIymouth Housing and Redevelopment Authority Page 10 Ten Year CDBG Activity 2002 -Present Page 11 Rental Total CDBG First Time Homebuyer Social Social Services PROGRAM Rehabilitation Allocation/ HousingAllocation / Allocation/Expenditures /# Services- Categories - YEAR Expenditures /# of Loans Assistance P.I. of Loans Allocation Served Allocation 2002 321,000 Housing -151 7/1/2002-6/30/2003 P.I. $170,825 135,000 / $178,889 / 9 75,000 / $215,492 / 9 28,850.00 52,150.00 Sen./Dev. Dis. -4 Youth - 6 Transportation - 528 2003 324,000 Housing - 144 7/1/2003-6/30/2004 P.I. $108,918 80,000 / $198,119 / 10 160,000 / $203,339 / 8 35,000.00 49,000.00 Sen./Dev. Dis. - 4 Youth - 15 Transportation - 1,080 2004 317,000 Housing - 278 7/1/2004-6/30/2005 P.I. $141,704 125,000 / $241,606 / 10 120,000 / $61,834 / 1 N/A 47,000.00 Sen./Dev. Dis. -4 Youth - 8 Transportation - 2,288 Housing - 225 2005 302,984 112,000 / $275,119 / 11 112,000 / $98,085 / 8 N/A 46,000.00 Sen./Dev. Dis. - N/A 7/1/2005-6/30/2006 P.I. $119,718 Youth - 68 Transportation - 984 Housing - 256 2006 272,208 106,229 / $176, 945 / 9 107,229 / $118,863 / 8 N/A 44,371.00 Senior- N/A 7/1/2006-6/30/2007 P.I. $175,198 Youth -84 Transportation - 888 Housing - 285 2007 269,761 102,776 / $127,374 / 6 102,776 / $99,928 /8 2,830.00 43,500.00 Senior- N/A 7/1/2007-6/30/2008 P.I. $92,695 Youth - 247 Transportation - 1,609 Housing - 346 2008 329,850 131,000 / $103,387 / 5 76,392 / $105,361 / 6 55,000.00 40,000.00 Senior- N/A 7/1/2008-6/30/2009 P.I. $58,179 Youth- 437 Transportation - 1,032 Housing - 314 2009 263,199 130,000 / $211,162 / 10 54,199 / $99,624 / 9 15,000.00 42,000.00 Senior- N/A 7/1/2009-6/30/2010 P.I. $135,000 Youth - 250 Transportation- 1,203 Housing - 284 2010 284,254 85,527 / $91,477 / 5 85,527 / $89,435 / 6 30,000.00 53,965.00 Senior -23 7/1/2010-6/30/2011 P.I. $11,249 Youth - 427 Transportation- 565 Page 11 Ten Year CDBG Activity 2002 -Present P.I. = Program Income/Repayments 2008 Includes $70,458 in CDBG-Recovery/ARRA grant allocated to FTHB and Rental Housing Assistance Housing Services includes: Child Care Assistance, Homeownership Training, Mortgage Foreclosure Prevention and Tenant Advocacy Excel/ComDev/Housing/HRA/CDBG/CDBG Reports/Ten Year CDBG Activity Page 12 Rental Housing - 2,423 TOTAL Total CDBG First Time Homebuyer 953,123 / $1,209,139 / 68 206,680.00 Social Social Services PROGRAM P.I. $1,038,486 Rehabilitation Allocation/ Housing Youth - 1,710 Allocation / Allocation/Expenditures /# Services- Categories - YEAR Expenditures /# of Loans Assistance P.I. of Loans Allocation Served Allocation Housing - 140 2011 YTD 238,411 70,000 / $39,835 / 3 60,000 / $117,178 / 5 40,000.00 35,815.00 Senior -25 7/1/2011-6/30/2012 P.I. $25,000 Youth - 168 Transportation - 268 P.I. = Program Income/Repayments 2008 Includes $70,458 in CDBG-Recovery/ARRA grant allocated to FTHB and Rental Housing Assistance Housing Services includes: Child Care Assistance, Homeownership Training, Mortgage Foreclosure Prevention and Tenant Advocacy Excel/ComDev/Housing/HRA/CDBG/CDBG Reports/Ten Year CDBG Activity Page 12 Housing - 2,423 TOTAL 2,922,667 1,077,532 / $2,544,500 / 78 953,123 / $1,209,139 / 68 206,680.00 453,801.00 Senior- 60 P.I. $1,038,486 Youth - 1,710 Transp. - 10,445 P.I. = Program Income/Repayments 2008 Includes $70,458 in CDBG-Recovery/ARRA grant allocated to FTHB and Rental Housing Assistance Housing Services includes: Child Care Assistance, Homeownership Training, Mortgage Foreclosure Prevention and Tenant Advocacy Excel/ComDev/Housing/HRA/CDBG/CDBG Reports/Ten Year CDBG Activity Page 12 CITY OF PLYMOUTH RESOLUTION No. 2012 - A RESOLUTION TO APPROVE THE APPLICATION AND ALLOCATIN OF FISCAL YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Plymouth is eligible to apply to the U.S. Department of Housing and Urban Development (HUD) for 2012 funding for the Community Development Block Grant CDBG) Program; and WHEREAS, on February 23, 2012, the Plymouth Housing and Redevelopment Authority held a duly constituted public hearing to allow interested parties to express their opinions regarding the allocation of funds for the 2012 CDBG Program Year; and WHEREAS, the City Council has reviewed the recommendations of the Housing and Redevelopment Authority regarding the proposed activities and allocation of CDBG funds for Program Year 2012; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby authorizes the City Manager to submit to the U.S. Department of Housing and Urban Development the application and all required documents for participation in the 2011 Community Development Block Grant Program Year and approves the allocation for the following projects in the respective proposed amounts: HRA Programs and Administration Housing Rehabilitation Loan Program 150,498.00 First Time Homebuyer Loan Program 0.00 Administration 29,000.00 Affordable Housing Development — Hammer Residences 15,000.00 Fair Housing Activities 1,500.00 Sub -Total of HRA Programs and Administration 195,998.00 Public Service Programs Community Action Partnership of Suburban Hennepin (CAPSH) 12,000.00 Family Hope Services 7,000.00 HOME Line 6,000.00 Northwest Branch YMCA 5,000.00 People Responding in Social Ministry (PRISM) 2,300.00 Senior Community Services 2,700.00 Sub Total of Public Service Programs 35,000.00 Total 2011 CDBG Allocation 230,998.00 BE IT FURTHER RESOLVED, that any increase in the anticipated funding amount for the 2012 CDBG fiscal year will be split equally between the 2012 Housing Rehabilitation, First Time Homebuyer Programs and Social Service Programs (within the 15% maximum allowance). Any decrease will be split equally between the 2012 Housing Rehabilitation, Affordable Housing Development Account and Social Service Programs (within the 15% maximum allowance). Page 13 BE IT FURTHER RESOLVED, that CDBG program income may be used to cover expenses generated in any existing CDBG program or activity and not just expenses related to the activity generating the income. BE IT FURTHER RESOLVED, that all unexpended 2011 CDBG funds be allocated to the same program activity in 2012. Approved this 13th day of March 2012 2 Page 14 rp City of Agenda 6.05PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sarah Hellekson, Transit / Solid Waste Manager March 13, 2012 Reviewed by: Doran Cote, Public Works Director Item: Approve the Public Works Department 2011 Annual Transit Report 1. ACTION REQUESTED: Approve the Public Works Department 2011 Annual Transit Report. 2. BACKGROUND: The Public Works Department 2011 Annual Transit Report documents the history of regional transit and transit in Plymouth, and provides details of the Plymouth Metrolink fleet, facilities, ridership, performance, funding, and budget. The Plymouth Advisory Committee on Transit (PACT) reviewed the Public Works Department 2011 Annual Transit Report at its February 29, 2012 meeting and recommended its approval. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Annual Report and 2012 Work Plan 2011 Page 1 Public Works Department 2011 Annual Transit Report February 24, 2012 Plymouth City Council, March 13, 2012 Presented to Plymouth Advisory Committee on Transit February 29, 2012 Page 2 HISTORY In 1984, the City of Plymouth elected to exercise its right to provide transit. It was empowered by the Minnesota Legislature in 1981 to create a suburban transit authority separate from the Metropolitan Transit Commission. The Plymouth Metrolink transit system provides express commuter bus service, local bus service and dial -a -ride service. Plymouth Metrolink express bus routes 742, 747, 772, 774, 776, 777, 790, 793 and 795 take commuters to and from downtown Minneapolis. Local shuttle bus routes 740, 741, 771 and 791 take riders on fixed routes within Plymouth. The express and local shuttle buses operate during morning and afternoon/evening rush hours and midday (795). Dial -A -Ride service operates weekdays from 6:00 a.m. to 6:00 p.m. Dial -A -Ride service is provided within the City of Plymouth and to certain locations outside the City of Plymouth. Public Works Department 2011 Annual Transit Report Page 2/33 Page 3 Timeline of Local and Regional Transit 1967 Legislature established the Metropolitan Council (Metropolitan Council) and Metropolitan Transit Commission 1974 Legislature established the Transportation Advisory Board (TAB) to comply with Metropolitan Planning Organization (MPO) federal requirements' 1980 Legislature mandated a feasibility study of light rail Legislature authorized county regional railroad authorities Hennepin County formed the first regional rail authority 1981 Legislature allowed suburbs to "opt out" of regular -route bus service Legislature dedicated portion of MVST revenue to transportation 1984 City of Plymouth established transit service Legislature established the Regional Transit Board Legislature allocated funding for planning of Hiawatha Light Rail (LRT) 1994 Legislature passed Metropolitan Reorganization Act, abolishing Regional Transit Board and Metropolitan Transit Commission 1999 City of Plymouth established Plymouth Advisory Committee on Transit (PACT) 1997 Minnesota Public Transportation Award to Plymouth 2004 The Reserve passenger waiting station opens in Plymouth Hiawatha LRT service began 2006 Plymouth Metrolink adds eleven 40 -foot New Flyer buses to the fleet Legislature authorized 100% MVST revenue to transportation by FY 2012 2007 Plymouth Metrolink Station 73 begins service 2008 UPA Transit Improvement Project in downtown Minneapolis Legislature authorized creation of Counties Transit Irn rovement Board (CTIB)" 2009 Plymouth Metrolink adds fifteen 40 -foot Gillig buses to the fleet Bus Rapid Transit (BRT) began I -35W Lakeville to Minneapolis Northstar Commuter Service began City of Plymouth reduced Dial -A -Ride service hours and raised fares to $3 Central Corridor Light Rail project begins (utility relocation) Metropolitan Council implements Dial -A -Ride program in seven county metro Public Works Department 2011 Annual Transit Report Page 2/33 Page 3 PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) The City Council established the PACT on November 16, 1999. The scope of the PACT includes but is not limited to making recommendations to the City Council as it deems necessary on items or other matters affecting transit in the community.'" The seven member committee serves in an advisory capacity to the City Council. Regular PACT meetings are held quarterly on the last Wednesday of the month at 7:00 p.m. Members are appointed for three-year terms expiring January 31 st of third year of the term. The 2012 PACT members are: Jeffry Wosje, Councilmember, 2011 Chair Tim Bildsoe, Councilmember Catherine Kedzuf, 2011 Vice -Chair Sylvia Gustafson Terry Bliss Jason Scherschligt Audrey Britton FACILITIES The region conducts a triennial survey to estimate where riders originate. It is estimated that 20% of Plymouth Metrolink riders who park at park and ride lots and utilize Plymouth Metrolink are not Plymouth residents, but come from nearby communities. Station 73 is located on Highway 55 just west of Highway 169. Station 73 was completed in 2007. The parking ramp has capacity for 288 vehicles with four levels. The lobby is temperature controlled and has an ADA accessible elevator and rest rooms. There are bike lockers, benches and a security system with cameras. Parking is currently at 25% at Station 73. The park and ride would have increased usage if there could be buses at least every 10 to 15 Public Works Department 2011 Annual Transit Report Page 3/33 Page 4 Metropolitan County contracts with TransitLink for Dial -A -Ride service in Hennepin County 2010 Completion of UPA Transit Improvement Project in downtown Minneapolis Metropolitan Council adopted Regional Service Improvement Plan Office of the Legislative Auditor begins evaluating governance of regional transit 2011 Office of the Legislative Auditor releases Evaluation Report on Governance of Transit in the Twin Cities Region iii Plymouth City Council awarded a 5 -year contract for operations and maintenance of Plymouth Metrolink to First Transit beginning 12-4-11 Cedar Avenue BRT authorized for MVTA FTA authorized preliminary engineering for Southwest Light Rail Transit Project from downtown Minneapolis to Eden Prairie Legislature authorized limiting MVST to the suburban transit providers in FYs 2012 and 2013 to $1.65 million less in each year than provided in FY 2011 Regional Service Improvement Plan Committee began meeting in January PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) The City Council established the PACT on November 16, 1999. The scope of the PACT includes but is not limited to making recommendations to the City Council as it deems necessary on items or other matters affecting transit in the community.'" The seven member committee serves in an advisory capacity to the City Council. Regular PACT meetings are held quarterly on the last Wednesday of the month at 7:00 p.m. Members are appointed for three-year terms expiring January 31 st of third year of the term. The 2012 PACT members are: Jeffry Wosje, Councilmember, 2011 Chair Tim Bildsoe, Councilmember Catherine Kedzuf, 2011 Vice -Chair Sylvia Gustafson Terry Bliss Jason Scherschligt Audrey Britton FACILITIES The region conducts a triennial survey to estimate where riders originate. It is estimated that 20% of Plymouth Metrolink riders who park at park and ride lots and utilize Plymouth Metrolink are not Plymouth residents, but come from nearby communities. Station 73 is located on Highway 55 just west of Highway 169. Station 73 was completed in 2007. The parking ramp has capacity for 288 vehicles with four levels. The lobby is temperature controlled and has an ADA accessible elevator and rest rooms. There are bike lockers, benches and a security system with cameras. Parking is currently at 25% at Station 73. The park and ride would have increased usage if there could be buses at least every 10 to 15 Public Works Department 2011 Annual Transit Report Page 3/33 Page 4 minutes during the peak periods between Plymouth and downtown Minneapolis. Station 73 received a condition appraisal and improvements in 2010, including a renovation to protect the metal and outside stairwell. During December 2011 the lighting at Station 73 was retrofitted with bulbs that use less electric power and provide more lighting. A security upgrade began in late 2011 and will continue in 2012. The Nathan Lane Park and Ride Lot is located at Nathan Lane and 45th Avenue North near County Road 9 at Highway 169. The location was determined by the need for a replacement park and ride lot for the Four Seasons area. The Nathan Lane Park and Ride Lot has a 120 parking capacity with opportunity to lease additional space. The bus shelter is heated with a bike rack and a trash container on the site. This park and ride lot is at 85% to 95% capacity most days. The park and ride lot was repaired in 2009 due to soil saturation issues underlying the pavement. The Olive Lane Park and Ride Lot is located at Olive Lane and County Road 6. The leased capacity is 95 vehicles. There is a heated bus shelter, bike rack and trash container at the site. The park and ride lot is located at a church parking lot and is usually over capacity. Changing occupants in the strip mall east of the park and ride lot could make this destination a more popular lot. The Reserve is located on Cheshire Parkway in a high-density residential area just west of I-494 in the north central area of Plymouth. The Reserve was completed in 2004. It is an enclosed temperature controlled, ADA accessible building to be used as a waiting area for riders. It is not a park and ride lot. There are restrooms and benches. The building is locked when bus service is not available. The Reserve received minor improvements in 2010. Bus shelters in Plymouth range from ten to twenty-five years old. Plymouth Metrolink has ten bus shelters. The bus shelters range in value from $28,000 to $120,000, depending upon whether they have heat and lighting inside the shelter. The City will replace bus shelters annually beginning in 2012. FLEET Plymouth Metrolink has a fleet of 43 buses. In early 2011, Plymouth received two 40 -foot Gillig buses. In 2012, Plymouth will order five dial -a -ride replacement buses. The Metropolitan Council approved funding to replace the Bluebird Transhuttle buses which were due to be replaced in 2011. The Plymouth fleet of buses is almost fully equipped with automatic vehicle locators (AVL). City staff is now able to locate Plymouth Metrolink on computers and respond to customer requests regarding bus location. Staff is also able to better monitor the contractor for on time route performance. Thirty buses accept cash and magnetic Go -To fare cards. Nine buses will only accept cash fares, Plymouth free passes or tokens. Four buses have no fare boxes at all and are used for local fixed routes only. Seventeen buses are equipped with automated passenger counters (APC). Public Works Department 2011 Annual Transit Report Page 4/33 Page 5 The following chart labeled 2011 Plymouth Metrolink Fleet provides more information about the current fleet. 2011 Plymouth Metrolink Fleet Make & Model Bus # Type of Use 1 Bluebird Transhuttle 2204 Shuttle 2 Bluebird Transhuttle 2205 Shuttle 3 Bluebird Transhuttle 2206 Shuttle 4 1 Bluebird Transhuttle 2207 Shuttle 5 40' New Flyer 2600 Express 6 40' New Flyer 2601 Express 7 40' New Flyer 2602 Express 8 40' New Flyer 2603 Express 9 40' New Flyer 2604 Express 10 40' New Flyer 2605 Express 11 40' New Flyer 2606 Express 12 40' New Flyer 2607 Express 13 40' New Flyer 2608 Express 14 40' New Flyer 2609 Express 15 40' New Flyer 2610 Express 16 1 Ford Supreme Cutaway (Diesel) 2701 Dial A -Ride 17 1 Ford Supreme Cutaway (Diesel) 2702 Dial -A -Ride 18 Chevrolet Glavel Cutaway (Diesel) 2703 Dial -A -Ride 19 Chevrolet Glavel Cutaway (Diesel) 2704 Dial -A -Ride 20 Chevrolet Glavel Cutaway (Diesel) 2705 Dial -A - Ride 21 Ford Cutaway (Gas) 6083 Dial A -Ride 22 Ford Cutaway (Gas) 6084 Dial A -Ride Fixed Route Make & Model Bus # Type of Use 23 Ford Cutaway (Gas) 6085 Dial A -Ride 24 40' Gillig LF 60000 Express 25 40' Gillig LF 60001 Express 26 140'Gillig LF 60002 Express 27 40' Gillig LF 60003 Express 28 40' Gilhg LF 60004 Express 29 40' Gillig LF 60005 Express 30 40' Gillig LF 60006 Express 31 40' Gillig LF 60007 Express 32 140'Gillig LF 60008 Express 33 40' Gillig LF 60009 Express 34 40' Gillig LF 60010 Express 35 40' Gillig LF 60011 Express 36 40' Gillig LF 60012 Express 37 40' Gillig LF 60013 Express 38 40' Gillig LF 60014 Express 39 Chevy Titan 60015 DAR/Shuttle 40 Chevy Titan 60016 DAR/Shuttle 41 Ford Turtle Top (Diesel) 60017 DAR/Shuttle 42 40' Gillig LF 1 60018 1 Express 43 40' Gillig LF 1 60019 1 Express Fixed route ridership in the metropolitan region historically tends to vary proportionately with weather, initially increasing in the fall when temperatures drop, rising with fuel prices, and dropping when unemployment increases. These same factors are utilized in transportation planning. According to the Metropolitan Council Transportation Policy Plan 2030°, the regional vision for transportation is determined by the factors of increasing congestion which increases the cost and time of commuting; aging infrastructure; increasing costs of construction; volatile fuel prices; and policy pressures to address climate change issues. When local unleaded gasoline reaches $4.00 per gallon, local ridership increases (see following External Factors Affecting Ridership Chart and Graph). This is shown on the Fixed Route Ridership Graph on the next page when fuel was above $4.00 per gallon during the summer of 2008, then dropped below $2.00 per gallon by November and December the same year. The correlation between ridership and unemployment appears when the Hennepin County unemployment rate rises above 7%, then ridership decreases. According to the Metropolitan Council analysis of U.S. Census Data, the City of Plymouth is fifth in job losses with a negative 13.6% change in employment, or a loss of over 7,000 jobs from 2000 to 2010. Almost two percent of those job losses occurred in 2010.v' Public Works Department 2011 Annual Transit Report Page 5/33 Page 6 2007 - 2011 Plymouth Metrolink Fixed Route Ridership 60,000 for comparison to external factors 50,000 AP' M/\A nt\%— 40,000 - 30,000 u 0 20,000 10,000 0 2007 Source: Department of U.S. Bureau of Lab or Statistics for Hennepin County, 2008 2009 2010 2011 Fixed Route Monthly Ridership —System Monthly Ridership 2007 - 2011 Cost of Gasoline 4.50 As an external factor affecting ridership 4.00 M 3.50 /mac 3.00 2.50 1.00 0.50 0.00 2007 2008 2009 2010 2011 source: Cost Per Gallon of Unleaded Gasoline tv incitiesgasprices.com 2007 - 2011 Hennepin County Unemployment Rate 8.0% As an external factor affecting ridership 7A% 6.0% 5.0% 4.0% 3.0% 2.0% Source: Department of U.S. Bureau of Labor 1.0% Statistics for Hennepin County, Minnesota 0.0% 2007 2008 2009 2010 2011 Hennepin County Unemployment Rate Public Works Department 2011 Annual Transit Report Page 6/33 Page 7 According to the Metropolitan Council and U.S. Census Data, there are 6,539 Plymouth residents working in Minneapolis. Plymouth residents comprise 2.2% of the total Minneapolis workforce. The Metropolitan Council data shows that over 4,000 Minneapolis residents work in Plymouth". Currently Plymouth Metrolink brings over 300 workers daily into Plymouth via reverse commute service. In the annual Fixed Route Survey conducted in September, 2011, 22% of fixed route passengers responded. Passengers were asked if they would drive to a park and ride lot to board the bus to downtown. Forty-three percent (43%) of respondents would drive to a park and ride to take the bus, 33% were unsure and 24% would not go to a park and ride lot to take the bus. A majority of Plymouth Metrolink 2011 survey respondents use both the local fixed routes and the express routes, but not the park and ride lots. Plymouth Metrolink fixed routes (local and express) served an average of 1,867 riders per day in 2011. SD"DDD Fixed Route Monthly Ridership 2007 - 2011 as,000 40,000 35,000 30,000 g 25,000 20,000 15,000 10,000 5,000 Jan. Feb. Mar. Ap, May June July Aug. Sep. Oct N- Dec. 0,000 Fixed Route Annual Ridership 2007 - 2011 479,743 480,532 478.015 480,000 460,000 440,000 v z 420,000 400,000 380,000 360,000 428,265 2007 2008 2009j405,846 2010 2011 Years Public Works Department 2011 Annual Transit Report Page 7/33 Page 8 Dial -A -Ride In the annual Dial -A -Ride Survey conducted in September, 2011, 22% of Dial -A -Ride passengers responded. Forty-three percent (43%) of respondents use Plymouth Dial -A -Ride because they do not drive. This is a slight increase in transit dependent passengers from 2010. Because almost half of the riders are transit dependent according to the survey, riders are more drastically affected by changes in service, but still must adjust their commuting or spending accordingly. In 2009, Plymouth City Council reduced Dial -A -Ride service hours, eliminating evening and Saturday service, and increased Dial -A -Ride fares in January, 2009. Seventy percent (70%) of Dial -A -Ride 2011 survey respondents are commuting to work. Plymouth Metrolink Dial -A -Ride served an average of 156 riders per day in 2011. 70,000 64,808 Dial -A -Ride Annual Ridership 2007 - 2011 5 60,000 7,451 50,000 40,000 v 30,000 20,000 10,000 44,224 Years 38,143 39,943 Public Works Department 2011 Annual Transit Report Page 8/33 Page 9 FUNDING Motor Vehicle Sales Tax (MVST) The MVST is a 6.5% sales tax, based upon the vehicle purchase price, collected when new and used vehicles are sold.""' It is collected by car dealers or when the vehicle is registered. MVST Allocation Highway Fund Metropolitan Transit Greater MN Transit State General Fund FY 2010 FY 2011 47.5% 54.5% 31.5% 35.25% 4.75% 4% 16.25% 6.25% FY 2012 and after 60% 36% 4% 0% The base MVST share to suburban providers is 17.5% of the (36%) amount allocated to Metropolitan Transit. The 17.5% is based upon 2002 suburban provider property taxes and has not changed since 2002. Plymouth receives 15.3419% of the 17.5% allocated to Metropolitan Transit's as its base MVST. If there are any MVST funds remaining after the base funds have been allocated, they are managed by the Metropolitan Council and referred to as regionally allocated MVST (RA- MVST), sometimes referred to as supplemental MVST. Plymouth previously received supplemental MVST to help offset operating costs. As of the 2011 Legislative Session, suburban transit providers receive reduced or no MVST for FY 2012 and 2013. There will be no RA-MVST allocated to suburban transit providers until providers' transit funds are depleted. Plymouth now receives a reduced amount of base MVST monthly. See Addendum A for Plymouth's detailed MVST projections. Public Works Department 2011 Annual Transit Report Page 9/33 Page 10 History of Motor Vehicle Sales Tax (MVST) Funding 1967 Legislature enacted state sales tax on motor vehicles (later named MVST). Tax went to state general fund. 1971 Legislature renamed the tax motor vehicle excise tax (MVET). 1980 Legislature's Select Committee on Transportation recommended MVST revenue gradually transferred from general fund into transportation funding. 1981 Legislature directed portion of MVST revenue to highways (75%) and transit 25%) with intent to supplement other transportation funding sources. (80% of the 25% to metropolitan transit.) 1983 State budget problems delayed MVST fund transfer. 1984 90% of property taxes for transit generated from cities went to suburban transit. 10% was allocated to regional transit. 1985 MVST funds are transferred from general fund to transportation fund. 1986 Legislature cancels transportation allocation for 1986-1987. 1988 Legislature raised MVST revenue transportation allocation from 5% to 30%. 1989 Legislature raised MVST revenue allocation to 35%. 1990 Legislature reduced MVST revenue allocation to transportation to 25%. 1991 Legislature eliminated MVST revenue allocation to transportation (0%). Public Works Department 2011 Annual Transit Report Page 9/33 Page 10 1992 MVST allocation to transportation eliminated. MVST allocated to state general Adults (13 to 64) fund.ix 2000 Transit was funded primarily through property taxes. Youth (6 to 12) Legislature capped registration taxes (tab fees) for passenger vehicles, reducing Ages 5 and under ride free the amount of revenue collected. Fees dedicated exclusively to streets, highways. 2001 Legislature prohibited property tax levies for metropolitan transit operations. Persons with Disabilities Legislature allocated MVST to metropolitan transit and greater MN transit. Downtown Zone Legislature limited transit taxing district revenue to capital projects. 2002 Legislature replaced Regional Transit Property Tax with 20.5% MVST. 2003 Legislature increased MVST percentage to transit to 32%, but not overall MVST allocation. Bus service general fund appropriation reductions due to LRT. 2004 Legislature increased metropolitan transit allocation from 20.5% to 21.5%. 2005 Legislature passed constitutional amendment and ballot question. 2006 Constitutional amendment adopted by voters to dedicate all MVST revenue to transportation. 63.75% MVST in FY 2008, increasing by 10% per year until 100% in 2012. No less than 40% to public transit, creating a hard 60/40 split." Allocation needed to be established in statute. 2007 Legislature established a State FY 2008-2012 phase-in schedule for MVST: 60% to highways, 36% to metropolitan area transit, 4% to greater MN transit, and new transit assistance fund."' 2009 Legislature modified MVST schedule to shift additional funds to transit in 2010 and 2011 to address transit operating deficits. " ii 2011 Legislature reduced and fixed base MVST to STPs for State FYs 2012-2013. 2012 MVST revenue was to be distributed 60% to highways and 40% to transit (36% to the metro area and 4% to greater MN) for the first time. This may start in State FY 2014. Fares The Metropolitan Council is responsible for establishing the region's uniform fare policy for regular route transit.""' The Metropolitan Council last approved and implemented a region -wide fare increase of $0.25 in 2008. The City of Plymouth is responsible for establishing the Plymouth Metrolink Dial -A -Ride fare, which is currently $3.00 per ride. Non -Rush Hours 3.00 3.00 3.00 3.00 0.75 0.50 Public Works Department 2011 Annual Transit Report Page 10/33 Page 11 Rush Hours Adults (13 to 64) 2.25 Seniors (65+) 0.75 Youth (6 to 12) 0.75 Ages 5 and under ride free with paidfare (limit 3) Medicare card holders 0.75 Persons with Disabilities 0.75 Downtown Zone 0.50 Non -Rush Hours 3.00 3.00 3.00 3.00 0.75 0.50 Public Works Department 2011 Annual Transit Report Page 10/33 Page 11 Reduced fares or free rides are available with program registration for persons with disabilities, students and workers, and disabled veterans. Rush hours are Monday through Friday, 6:00 to 9:00 a.m. and 3:00 p.m. to 6:30 p.m. The following chart was developed in 2009 and is provided by Metro Transit to show the fixed route fare history in the region. REGIONAL FIXED ROUTE FARE HISTORY Regional fares as set for all fixed routes in the region. Chart developed in 2009 by Metro Transit as Metro Transit Fare History Chart. Regional Fixed Route Fare History Chart provided to Plymouth by Metro Transit for purposes ofAnnual Report. Capital Funding National Transit Database Funding (NTD) was established by Congress to be the primary source for national transit system information and statistics. Recipients and grant beneficiaries of Federal Transit Administration (FTA) funds are statutorily required to submit NTD data."iv Plymouth submits safety, ridership and other transit data to the Metropolitan Council. The Metropolitan Council submits the regional data to the Federal Transit Administration. Each provider individually earns the NTD funding for capital projects. The Metropolitan Council accepts all NTD funds for the region. Until 2008, the Metropolitan Council regularly distributed Public Works Department 2011 Annual Transit Report Page 11/33 Page 12 Regular Fare Social Fares Years of Change Base Peak Express Peak Express Max Zone Discount Youth Seniors Limited Mobility 1970 0.30 N/A 0.05 0.50 0.00 Free Free N/A 1975 0.30 N/A 0.05 0.25 0.00 0.10 Free 0.15 1976 0.30 N/A 0.10 0.25 0.00 0.10 Free 0.15 1977 0.30 N/A 0.10 0.25 0.00 0.10 Free 0.15 1979 Jul 0.40 N/A 0.10 0.25 0.00 0.10 Free/.10 0.15 1980 Apr 0.50 N/A 0.10 0.25 0.00 0.20 Free /.10 0.20 1981 Jul 0.60 N/A 0.10 0.40 0.00 0.20 0.10 0.20 1982 0.60 0.15 0.10 0.40 0.00 0.25 0.10 0.25 1989 0.50 0.25 0.25 0.25 0.00 0.25 0.25 0.25 1991 0.85 0.25 0.25 0.25 0.30 0.25 0.25 0.25 1993 Jun 0.85 0.25 0.25 0.25 0.25 0.25 0.25 0.25 1993 Dec 1.00 0.25 0.50 0.00 0.20 0.25 0.50 0.25 1995 Nov 1.00 0.50 0.50 0.00 0.20 0.25 0.50 0.50 1996 Jul 1.00 0.50 0.50 0.00 10% 0.50 0.50 0.50 2001 Jul 1.25 0.50 0.50 0.00 10% 0.50 0.50 0.50 2003 Aug 1.25 0.50 0.50 0.25 0.00 10% 0.50 0.50 0.50 2005 Jul 1.50 0.50 0.50 0.25 0.00 10% 0.50 0.50 0.50 2008 Oct 1.75 0.50 0.50 0.25 0.00 10% 0.75 0.75 0.75 Regional fares as set for all fixed routes in the region. Chart developed in 2009 by Metro Transit as Metro Transit Fare History Chart. Regional Fixed Route Fare History Chart provided to Plymouth by Metro Transit for purposes ofAnnual Report. Capital Funding National Transit Database Funding (NTD) was established by Congress to be the primary source for national transit system information and statistics. Recipients and grant beneficiaries of Federal Transit Administration (FTA) funds are statutorily required to submit NTD data."iv Plymouth submits safety, ridership and other transit data to the Metropolitan Council. The Metropolitan Council submits the regional data to the Federal Transit Administration. Each provider individually earns the NTD funding for capital projects. The Metropolitan Council accepts all NTD funds for the region. Until 2008, the Metropolitan Council regularly distributed Public Works Department 2011 Annual Transit Report Page 11/33 Page 12 NTD funds to the transit providers in the region. In 2009, the Metropolitan Council determined that it would withhold the earned NTD funds, rather than allocate them to individual regional providers for transit projects. There are other federal funding programs for specific services and standards such as reverse commute (JARC §5316), and new services and facility improvements for people with disabilities New Freedom §5317). The state legislature authorizes the Metropolitan Council to issue regional bonds, which are used primarily for transit capital projects. The state general obligation bonds are repaid with funds raised through the regional transit capital levy. The levy is imposed on all municipalities within the transit taxing district and other communities that have entered into a service agreement with the Metropolitan Council. The City of Plymouth's transit capital projects are funded by these regional bonds and as well as regional bonds in an amount equivalent to the amount of NTD funds earned by Plymouth Metrolink. Plymouth's capital projects include buses, capital improvements and repairs facilities and leased park and ride lots. In 2012, Plymouth Metrolink will continue transit capital improvement projects, receive new buses, and will begin a new annual capital improvement project to replace bus shelters. TRANSIT BUDGET The 2011 transit fund had year end expenditures of 4,333,264 and revenues of $3,781,321. This resulted in an anticipated transfer from transit fund balance of $551,943. The 2012 concept budget has a transfer from the transit fund balance of $1,013,850 based on expenditures of 4,460,850 and revenues of $3,447,000. Actual expenditures in 2011 were less than anticipated and revenues exceeded expectations. The fixed route system is 79.9% of the total transit budget. City staff, First Transit staff and PACT have worked on route efficiencies and have discussed the possibilities of creating a new route system. The goal is to increase the frequency of trips between downtown and the Plymouth Metrolink park and ride lots as well as the ability to reach the northwest area of Plymouth without increasing the route time. The Dial -A -Ride program is approximately 2 1. 1 % of the total transit budget. The Plymouth City Council last approved an increase in Dial -A -Ride fares from $2.00 to $3.00 beginning in January, 2009. Dial -A -Ride buses are used to create efficiencies in the transit system by replacing shuttle service in some areas because the contracted cost of these buses is less. Public Works Department 2011 Annual Transit Report Page 12/33 Page 13 FIXED ROUTE REVENUE 2008 2009 2010 2011 Fares $1,013,685.00 33% $870,263.00 28% $921,551.08 31% 956,072.57 31% MUST $2,065,872.00 67% $2,189,555.00 72% $2,016,979.34 69% 2,101,849.70 69% Total $3,079,557.00 100% $3,059,818.00 100% $2,938,530.42 100% 3,057,922.27 100% FIXED ROUTE EXPENSES 2008 2009 2010 2011 Admin $260,356.00 8% $343,223.00 11% $213,597.13 7% 211,010.84 7% Contracted services $2,819,201.00 92% $2,716,595.00 89% $2,711,426.32 93% 2,867,980.92 93% Total $3,079,557.00 100% $3,059,818.00 100% $2,925,005.25 100% 3,078,991.76 100% 2,500,000.00 Fixed Route Revenue 2008 - 2011 2,000,000.00 1,500,000.00 1,000,000.00 Fares 500,000.00 MVST 0.00 2008 2009 2010 2011 3,500,000.00 Fixed Route Expenses 2008 - 2011 3,000,000.00 2,500,000.00 Admin 2,000,000.00 — Contracted services 1,500,000.00 1,000,000.00 500,000.00 0.00 MM MM 2008 2009 2010 2011 Public Works Department 2011 Annual Transit Report Page 13/33 Page 14 Dial -A -Ride Revenue 2008 2008 2009 2011 2010 2011 4% Fares 84,101.00 9% 100,451.00 11% 89,789.00 31% $95,475.00 12% MVST 878,121.00 91% 798,471.00 89% 634,219.88 69% $685,528.02 88% Total 962,222.00 100% 898,922.00 100% 724,088.88 100% $781,003.02 100% Dial -A -Ride Expenses 2008 2009 2010 2011 Admin $34,070.00 4% 60,395.00 7% 42,712.081 6% $41,821.46 8% Contracted services $928,152.00 96% 838,527.00 93% 681,296.801 94% $739,181.56 95% Total $962,222.00 100% 898,922.00 100% 724,088.881 100% $781,003.02 100% 900,000.00 800,000.00 700,000.00 600,000.00 500,000.00 400,000.00 300,000.00 200,000.00 100,000.00 0.00 1,000,000.00 900,000.00 800,000.00 700,000.00 600,000.00 500,000.00 400,000.00 300,000.00 200,000.00 100,000.00 0.00 2008 2009 2010 2011 200N 2009 -010 2011 Public Works Department 2011 Annual Transit Report Page 14/33 Page 15 City of Plymouth Transit Fund Balance 5,000,000 Beginning Fund Balance Revenue 4,500,000 Z- 4,000,000 Actual2006-2011 Esdmate2012 Projected2013- Wit 73,500,000 4,455,549 3,000,000 2,500,000 2,110,901 51% 2007 2,000,000 1,500,000 1,000,000 5,141,233 4,378,768 2,873,366 State fiscal years 2012 and 2013 are fixed MVST distributions to Plymouth and other suburban providers. In mid -2013 (and of FY2013), at this time the MVST distribution will revert tothe Plymouth 15.3419%ofthe 17.5% of suburban providers portion allocated to metropolitan transit (currently 36% ofall MVST). 2008 2,873,366 4,962,592 500,000 Beginning Fund Balance 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 .2017 Depending upon what happens at the legislature with transit funding; the following fund balance projection shows that in 2015, the Plymouth Transit Fund balance is projected to reach 54% of operating expenses. Plymouth requires that the Transit Fund remain at least at a level of 42% of the current year's operating expenses. The variable in the projection of the Plymouth Transit Fund Balance is based upon the distribution of MVST more so than other sources of revenue or variables in expenses. State fiscal years 2012 and 2013 are fixed MVST distributions to Plymouth and other suburban providers. In mid -2013 the MVST distribution will revert to 15.3419% of the 17.5% of the suburban providers' portion allocated to metropolitan transit. The state legislature could again at the request of the Metropolitan Council retain the 2012-2013 MVST distribution or develop a new plan for funding. PLYMOUTH TRANSIT FUND BALANCE Year Beginning Fund Balance Revenue Operating Expenses Ending Balance Plymouth Adopted Policy Transit Fund Minimum Balance 42% of Operating Expenses 2006 1,824,382 4,455,549 4,169,030 2,110,901 51% 2007 2,110,901 5,141,233 4,378,768 2,873,366 66% 2008 2,873,366 4,962,592 4,105,971 3,729,987 91% 2009 3,729,987 4,751,658 3,958,693 4,522,952 114% 2010 4,522,952 3,677,854 3,655,664 4,545,142 124% 2011 4,545,142 3,897,447 3,861,196 4,581,393 119% 2012 4,581,393 3,206,342 4,214,759 3,572,976 85% 2013 3,572,976 3,423,000 4,425,497 2,570,479 58% 2014 2,570,479 4,700,000 4,646,772 2,623,707 56% 2015 2,623,707 4,900,000 4,879,110 2,644,597 54% 2016 2,644,597 5,200,000 5,123,066 2,721,531 53% 2017 2,721,531 5,400,000 5,379,219 2,742,312 51% Figures for 2005 through 2011 are actual Figures for 2012 are estimates. Figures are projected for 2013 through 2017. Capital expenses are reimbursed by Metropolitan Council with regional bonds and federal NTD funds and not included in this analysis. Public Works Department 2011 Annual Transit Report Page 15/33 Page 16 PERFORMANCE MEASURES The City of Plymouth uses a variety of performance measurements to determine transit performance. The following charts reflect comparisons of Plymouth Metrolink performance measurements in comparison to regional transit and to the transit measurements set forth in the Metropolitan Council's 2030 Transportation Policy Plan. However, not all measurements are applicable to all types of routes. For example, fares are not collected on shuttle routes because those buses are not given fare boxes. Therefore, those routes cannot accurately be compared to express routes as revenue generating routes. Metro Transit's downtown buses that stop every block to collect fare paying passengers will be reflected differently than suburban buses that travel 13 miles or longer without stopping. City staff and First Transit staff gather the AVL automatic vehicle locator) data, customer comments, and other data, analyzes trends and provides quarterly reports to the PACT for discussion and enhancement of services. Reverse commutes, which bring non-residents to Plymouth primarily for work, the midday express route, and late express route, show a poorer performance in comparison to regional averages and the Metropolitan Council Performance Standards (see following charts). However, according to annual ridership surveys, the midday and late express are consistently supported by over 80% of Plymouth riders as important and reliable transit options. Over half of the respondents stated they used these options 2011 and over 60% claimed to have used these options in 2010. The reverse express routes enable Plymouth businesses to broaden their employment base to transit -dependent non-residents [See Addendum B, Plymouth Metrolink System Survey Analysis 2008-2011]. PASSENGER SUBSIDY PER METROPOLITAN COUNCIL Threshold Level of Subsidy Possible Monitoring GoalperPassenger Action 20% to 35% over Requires minor 1 For quick review peer average modification 2 36% to 60% over For Intense Review Requires major peer average changes More than 60% For Significant Restructure or 3 over peer average Change eliminate route Subsidy per passenger = net cost / number ofpassengers. Net cost is operating cost minus passenger fare revenue [Metropolitan Council 2030 TPP, App. G Transit Performance Standards]. Public Works Department 2011 Annual Transit Report Page 16/33 Page 17 ROUTE SUBSIDY PER PASSENGER COMPARISON TO METROPOLITAN COUNCIL PERFORMANCE STANDARDS Route Type of Route 2011 Annual Number of Plymouth Route Cost* Passengers Subsidy** per Passenger 2010 Metropolitan 2011 Plymouth Comparison Council to 2010 Metropolitan Threshhold Council's Threshholds Possible Action Route 740 Reverse Shuttle 106,955 12,541 8.53 12.04-$14.17 Below Route 741 Reverse Shuttle 151,509 23,166 6.54 12.04-$14.17 Below Route 742 Route 742 Reverse Express 210,179 11,050 19.02 7.48-$8.80 Above Review Route*** Route 747 Reverse Express 163,315 39,258 4.16 7.48-$8.80 Below 9.43 Route 771 Shuttle 112,757 11,959 9.43 12.04-$14.17 Below 5.50 Route 772 Express 120,492 75,309 1.60 7.48-$8.80 Below Above Route 774 Late Express 55,720 2,643 21.08 7.48-$8.80 Above Review Route*** Route 776 Express 296,818 96,229 3.08 7.48-$8.80 Below Route 777 Express 225,361 61,600 3.66 7.48-$8.80 Below Route 791 Route 790 Express 340,531 104,371 3.26 7.48-$8.80 Below Express Route 791 Shuttle 132,312 9,978 13.26 12.04-$14.17 Below 11.61 1 Route 793 Express 106,782 21,280 5.02 7.48-$8.80 Below Route 795 Midday Express, 100,1881 8,6311 11.61 7.48-$8.80 Above Review Route*** Annual Route Cost includes costs of operations and administration, less the revenue from fares. Subsidy is the difference between the amount paid by transit riders and the cost of the ride. Per 2010 Metropolitan Council policy, if the subsidy per passenger is greater than the top of the threshhold, then review route for significant change and major modifications. Per 2010 Metropolitan Council policy, if the subsidy per passenger is greater than the bottom of the threshhold, then intense review of route and possible modification. ROUTE SUBSIDY PER PASSENGER COMPARISON TO REGIONAL SUBSIDY Route Type of Route Subsidy per Passenger per Hour Annual Average Regional Subsidy per Passenger per Hour Annual Average 2011 Plymouth Subsidy Above 2010 Regional Peer Subsidy* Percentage Over Peer Average Possible Action Route 740 Reverse Shuttle 8.53 8.86 Below Route 741 Reverse Shuttle 6.54 8.86 Below Route 742 Reverse Express 19.02 5.50 Above 71% Intense Review Route 747 Reverse Express 4.16 5.50 Below Route 771 Shuttle 9.43 8.86 Above 6% Review Route 772 Express 1.60 5.50 Below Route 774 Late Express 21.08 5.50 Above 74% Intense Review Route 776 Express 3.08 5.50 Below Route 777 1 Express 3.66 5.50 Below Route 790 Express 3.26 5.50 Below Route 791 Shuttle 13.26 8.86 Above 33% Review Route 793 Express 5.02 5.50 Below Route 795 Midday Express 1 11.61 1 5.50 1 Above 53% Intense Review 2010 regional peer average subsidy per express passenger = $5.50 2010 regional peer average subsidy per suburban local passenger = $8.86 Public Works Department 2011 Annual Transit Report Page 17/33 Page 18 RIDERSHIP COMPARISON TO METROPOLITAN COUNCIL PERFORMANCE STANDARDS Average Minimum 2010 Plymouth 2011 Plymouth 2011 Plymouth Type of Service Passengers per In- Passengers per In- Passengers per In Passengers per Comparison to 2010 Above Service Hour Service Hour* Service Hour In -Service Hour Metropolitan Above Route 742 Reverse Express 7.10 Council Threshholds Big bus fixed route, Peak Only 20 N / A 19 20 Meet Small bus fixed route 9 5 12.6 13 Above Other (Dial -A -Ride) 2 N/A 3 3 Above Passengers per in-service hour = total passengers lin-service time RIDERSHIP COMPARISON TO REGION Route Type of Route 2011 Plymouth Passengers per In- Service Hour 2010 Regional Passengers per In- Service Hour Plymouth Comparison to 2010 Region Possible Action Route 740 Reverse Shuttle 12.05 Minirn= 5, Average 9 Above Route 741 Reverse Shuttle 20.55 Mi iunm 5, Average 9 Above Route 742 Reverse Express 7.10 Average > 20 Below Review Route 747 Reverse Express 26.77 Average > 20 Above Route 771 Shuttle 9.66 Mininum 5, Average 9 Above Route 772 Express 35.03 Average > 20 Above Route 774 Late Express 9.69 Average > 20 Below Review Route 776 Express 26.27 Average > 20 Above Route 777 Express 23.75 Average > 20 Above Route 790 Express 27.63 Average > 20 Above Route 791 Shuttle 12.34 Minimum 5, Average 9 Above Route 793 Express 20.71 Average > 20 Above Route 795 Midday Express 10.46 Average > 20 Below Review CONCLUSIONS In 2011, the Plymouth Advisory Committee on Transit (PACT) began long range planning for Plymouth Metrolink, studying route performance and system improvements at the direction of the City Council. In February 2011, the City Council directed staff to work with other communities to form transit organizations, partnerships, corridors, routes and anything that can assist Plymouth residents and businesses in saving money, time, and reduce congestion; to work with other suburban transit providers; begin exploring mergers with neighboring communities, to explore advertising opportunities and to analyze highly subsidized routes; to explore suburb to suburb transit routes; identify new sources of revenue and transform the Plymouth transit program from a subsidized program to a business model. At this time, there are no neighboring communities willing to commit to merging fixed route transit services. Staff continually analyzes highly subsidized routes and systems. In July, the Metropolitan Council held public meetings to consider an increase in fares and reduction or elimination of routes in the Metro Transit system, including routes in Orono, Wayzata, Minnetonka and other low ridership routes near and adjacent to Plymouth. These changes could have positively affected Plymouth Metrolink. When the legislature reduced Public Works Department 2011 Annual Transit Report Page 18/33 Page 19 MVST to all suburban transit providers for the 2012-2013 biennium, the Metropolitan Council cancelled the proposed fare increase and route changes. During a study session on September 27, 2011, the City Council directed PACT to determine priorities to eliminate services, define alternative funding for 2016 and beyond, begin a strategic discussion on what the transit system would entail if it was started today, plan for worst case scenarios in reviewing long term transit while preserving options for Plymouth riders, determine current and future demographics now for transit dependent population, discuss opportunities if riders had park and ride options only, plan to increase the frequency between park and rides and downtown, and establish how to operate transit more like a business. PACT is to report to the City Council in April, 2012. At the direction of City Council, PACT prioritized Plymouth Metrolink in order of services to be eliminated during its October 26, 2011 working session. 1. Dial -A -Ride 2. Shuttle Service (local route, no fare box) 3. Express Tails (local route completely connected to an express route) 4. Express Service PACT directed staff to present different opportunities at the November, 2011 PACT meeting other than the straight elimination of services. These opportunities included increasing Dial -A - Ride fares, reducing Dial -A -Ride services, reducing Dial -A -Ride to a pair of deviated fixed routes during non -peak hours, eliminating a fixed route, and turning all shuttles into express tails. CITY STAFF RECOMMENDATIONS Policy Support returning MVST to the State Fiscal Year 2011 funding level. There is currently a bill in the House that would return MVST to the State Fiscal Year 2011 funding level beginning in July, 2012 [H.F. 1943]. Establish the suburban transit provider base MVST percentage share so that it doesn't fluctuate with the market. Establish a steady and completely separate revenue source other than the MVST. Operations Major adjustments to the system require analysis and public hearings. One option staff suggested to PACT would be to combine two routes, removing a portion of one of the routes. This adjustment would still serve customers within the FTA description of system changes and save over $5,000 annually. Staff will continue to seek similar efficiencies in the system. However, these efficiencies must be balanced with the expectation of riders for a reliable and consistent public transit system. Therefore, route and schedule changes are infrequent. Increase Dial -A -Ride fare to $3.50 per ride. Dial -A -Ride fare is currently $3.00 per ride. In 2011, Plymouth Metrolink had 39,943 riders and garnered $95,475 in fares (31,825 paid rides). Public Works Department 2011 Annual Transit Report Page 19/33 Page 20 Not all riders pay a fare for various valid reasons including transfers. Increasing the fare another 0.50 could increase the revenue annually by an estimated $16,000. Although raising the fare another $1.00 increases the revenue to an estimated $132,000 per year and hasn't even reached 25% of the subsidy of a ride, it could create a cost issue for many of the riders who may see the service as cost prohibitive when a round trip has a fare of $8.00. If the service loses some of the riders, the system would not necessarily see the increase in anticipated revenue. It is also possible to build in an automatic annual increase raising Dial -A -Ride rate 10 cents every January. This provides the system with more money than raising it 25 cents every 2 years. Subsidy per rider is currently $17.42. Per the Federal Transit Administration staff, transit fares should be increased incrementally annually so riders expect a minor increase, know it will happen, know when it will happen and a major fare increase is not a shock [FTA staff during Compliance Session 10-28-11]. Increase Frequency of Trips Downtown During 2011, City staff and First Transit staff presented a plan to PACT to increase the frequency of trips between Station 73 and downtown during peak rush hours. Any plan to increase the frequency of trips between park and rides and downtown would necessitate a reduction in service elsewhere or an increase in operational costs. Because the express buses are also used as express tails which are local routes, the local routes are not necessarily an option for elimination if this plan was implemented. Advertising Revenue It may well be worth budgeting a small percentage of fare revenue to advertise the system to Plymouth businesses and residents with the purpose of attracting additional riders. ADDENDA A. Motor Vehicle Sales Tax (MVST) to Plymouth B. Survey Public Works Department 2011 Annual Transit Report Page 20/33 Page 21 Addendum A MOTOR VEHICLE SALES TAX (MVST) REVENUE TO PLYMOUTH Actuals through 12-31-11 MVST Projections set by State Legislature through June 30, 2013. July 1 through December 31, 2013 projections based upon November, 2010 State Forecast. The City of Plymouth fiscal year is the calendar year January 1 through December 31. Public Works Department 2011 Annual Transit Report Page 21/33 Page 22 State FY State FY State FY 2010 2011 2012 CY 2010 CY 2011 CY 2012 State FY 2013 CY 2009 Jul 210,921 Jul 224,817 Jul 213,887 Jul 137,170 Aug 242,054 Aug 235,902 Aug 213,887 Aug 137,170 Sep 250,082 Sep 246,196 Sep 213,887 Sep 137,170 Oct 195,232 Oct 216,212 Oct 213,887 Oct 137,170 Nov 156,925 Nov 208,637 Nov 213,887 Nov 137,170 Dec 210,828 Dec 221,677 Dec 213,887 Dec 137,170 CY 2010 CY 2011 CY 2012 CY 2013 Jan 171,819 IJan 203,990 IJan 213,887 Jan 137,170 Feb 152,481 1 Feb 188,124 Feb 213,887 Feb 213,887 Mar 213,887 Apr 137,170 Mar 218,698 Mar 255,737 Mar 137,170 Apr 258,718 Apr 280,789 Apr 137,170 May 227,097 May 326,450 May 213,8871 May 213,887 Jun 2,566,6441 Total Plymouth* 2012 213,887 Jan 137,170 Jun 268,947 Jun 248,966 Jun 137,170 Total 2,563,802 Plymouth* 2010 Total 2,857,497 Plymouth* 2011 Total 1,646,040 Plymouth* 2013 137,170Jan171,819 Jan 203,990 Jan Feb 152,481 Feb 188,124 Feb 213,887 Feb 137,170 Mar 218,698 Mar 255,737 Mar 213,887 Mar 137,170 Apr 258,718 Apr 280,789 Apr 213,887 Apr 137,170 May 227,097 May 326,450 May 213,887 May 137,170 Jun 245,471 JJun 248,966 JJun 213,887 IJun 137,170 Jul 248,293 Jul 213,887 JJull 137,170 IJul 270,000 Aug 235,902 Aug 213,887 JAug 137,170 Aug 260,000 Sep 246,196 Sep 213,887 Sep 137,170 Sep 255,000 Oct 216,212 Oct 213,887 Oct 137,170 Oct 240,000 Nov 208,637 Nov $213,887 Nov $137,170 Nov $240,000 221,677 1 Dec $213,887 Dec $137,170 Dec $235,0001$2,651,201' Total $2,787,378 Total $2,106,342 Total $2,323,020 Dec Total The City of Plymouth fiscal year is the calendar year January 1 through December 31. Public Works Department 2011 Annual Transit Report Page 21/33 Page 22 Addendum B PLYMOUTH METROLINK SYSTEM SURVEY ANALYSIS 2008-2011 Each year the survey forms are available to Plymouth Metrolink Dial -A -ride passengers on the buses. In 2008 and 2009 the survey was also distributed to seniors at the Plymouth Creek Center. In 2008 through 2010, the survey was distributed to the English as a Second Language ESL) Adult Education classes at Wayzata Central Middle School. Bus drivers ask passengers to place completed surveys in a special enclosed box on the bus or mail them to City Hall. Staff tabulated the 2010 surveys. The same volunteer tabulated the results the other years. g,v/mouthtilet o/i iY Plymouth Metrolink Dial -A -Ride In 2011, the survey was conducted September 12 through 16. Seventy-one (71) written surveys were returned. The 2010 survey was conducted October 25 through 29 and 107 surveys were returned. The 2009 survey was conducted October 26 through November 6 and had a return of 65 surveys. The 2008 survey occurred March 10 through 22 and 117 surveys were returned. No Plymouth Metrolink ridership survey data is available prior to 2008. In 2008 the number of companies using Dial -A -Ride as a commuter service for its workers declined. The percentage of respondents using the service for commuting increased 3% from 2008 to 2010 and increased another 15% from 2010 to 2011. Dial -A -Ride as a form of commuting is still the highest use. The Dial -A -Ride buses are still busiest during peak rush hours. Dial -A -Ride buses are used for fixed shuttle routes during peak rush hours for cost efficiency purposes, which is probably the primary cause of the increase survey response regarding use for commuting. 2011 Plymouth Metrolink Survey Analysis Page 22/32 Page 23 2008 2009 2010 2011 Work 52% 54% 55% 70% School * 21% 28% 20% 6% Personal ** 40% 29% 25% 23% includes adult education includes shopping, medical, other, social Adult Education** 1 6%1 11%1 3% 1 Adult Ed = School for many ESL students. 2011 Plymouth Metrolink Survey Analysis Page 22/32 Page 23 Frequency of Use of Dial -A -Ride The same riders are still using Dial -A -Ride even more frequently. Respondents indicated daily use has increased 11 % in the past year. Weekly ridership (ride once per week) continues to decrease. In past years, Tuesday, Wednesday and Thursdays were the days with the highest ridership. Currently, all weekdays have equal ridership. 2009 daily number based on averages as daily question not asked in 2009. Some riders marked daily and weekly. Why People Use Dial -A -Ride The two top priorities as a reason for choosing to use Dial -A -Ride have not changed in priority and have increased slightly in response. In 2011, 43% of the respondents used Dial -A -Ride because they do not drive. This has been the primary reason since this survey began in 2008. Convenience has always been the second most common reason people choose Dial -A -Ride. 2008 2009 2010 2011 At least daily 50% 82% 62% 73% At least weekly 38% 77% 20% 18% At least monthly 1 3% 2% 8% 4% Rarely ride 4% 9% 7% 4% Totals r 95% 170%r97%'99% 3% 4% 2009 daily number based on averages as daily question not asked in 2009. Some riders marked daily and weekly. Why People Use Dial -A -Ride The two top priorities as a reason for choosing to use Dial -A -Ride have not changed in priority and have increased slightly in response. In 2011, 43% of the respondents used Dial -A -Ride because they do not drive. This has been the primary reason since this survey began in 2008. Convenience has always been the second most common reason people choose Dial -A -Ride. Dial -A -Ride System Service Ratings Overall, satisfaction with bus cleanliness, driver courtesy, driver appearance, driver competence and driver safety increased significantly in 2009 and 2010 and remains high in 2011. Riders' confidence in driver safety increased considerably to 91 % in 2011. There was only one accident no injury) with a Dial -A -Ride bus in March, 2011. Drivers 2008 2009 2010 2011 Don't drive 28% 65% 41% 43% Convenience 14% 31% 24% 26% Only choice available 5% na 17% 16 0 Cost savings 12% 18% 15% 11% Other 12% 17% 3% 4% Dial -A -Ride System Service Ratings Overall, satisfaction with bus cleanliness, driver courtesy, driver appearance, driver competence and driver safety increased significantly in 2009 and 2010 and remains high in 2011. Riders' confidence in driver safety increased considerably to 91 % in 2011. There was only one accident no injury) with a Dial -A -Ride bus in March, 2011. Drivers Excellent Excel Excel Excel Good Good Good Good Fair Fair Fair Fair Poor Poor Poor Poor 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 BusCleanfness 52% 71% 74% 77% 35% 25% 15% 19% 1% 3% 2% 4% 1% 0% 0% 0% Driver Courtesy 58% 74% 81% 86% 24% 25% 10% 14% 1% 0% 2% 0% 1% 0% 1% 0% Driver Appearance 54% 72% 82% 84% 26% 25% 9% 14% 0% 0% 2% 1% 1% 0% 0% 0% Driver Competence 57% 69% 81% 89% 25% 26% 11% 10% 1% 2% 2% 1% 1% 0% 0% 0% Driver Safe 58% ol o ol o 22% ol o ol ol1% ol o 0% ol o Service Rehab'' 42% 57% 66% 86% 43% 32% 20% 11% 3% 9% 5% 3% 1% 0% 2% 0% Bus on Time 51% 48% 62% 75% 29% 38% 27% 20% 3% 11°% 7% 6% 1% 2% 0% 0% OverahBus Service 38% 60% 63% 80% 38% 31% 21% 19% 5% 2% 6% 1% 0% 0% 0% 0% 2011 Plymouth Metrolink Survey Analysis Page 23/32 Page 24 Dial -A -Ride Dispatch Service Ratings Satisfaction with dispatch service increased by 34% in the excellent category from 2009 to 2011. This may be due to a change in staff assignments at the Dispatch Center. Dial -A -Ride Passengers There continues to be over 90% of the survey respondents who are aware that anyone may ride Plymouth Metrolink Dial -A -Ride. Fewer than half of the Dial -A -Ride passengers surveyed were aware that the average cost per passenger is $19 per ride. Plymouth Metrolink Dial -A -Ride survey respondents use these other public transit services. In 2011, many respondents choosing "other" commented that it meant they would carpool. Public Transit Services Used 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 2008 2009 2010 2011 Drivers Excellent E 43:/. Excel Good Good Good Good Fair Fair Fair Fair Poor Poor Poor Poor Phone Answered 33% 69% 35% 32% 37% 15% 2% 17% 10% 7% 1% 6% 2% 1% Operator Hefill& 35% 75% 40% 28% 5% 19% 5% 12% 6% 9% 11/. 60/a 3% 1% Dial -A -Ride Passengers There continues to be over 90% of the survey respondents who are aware that anyone may ride Plymouth Metrolink Dial -A -Ride. Fewer than half of the Dial -A -Ride passengers surveyed were aware that the average cost per passenger is $19 per ride. Plymouth Metrolink Dial -A -Ride survey respondents use these other public transit services. In 2011, many respondents choosing "other" commented that it meant they would carpool. Public Transit Services Used 2010 2011 Metro Transit Bus 39% 39% Plymouth Metrolink Express 26% 15% Light Rail 17% 10% Transit Link 3% 6% Metro Mobility 4% 6% Other and Carpool/Shared Rides 11% n/a Other 5% 24% Dial -A -Ride survey respondents have utilized Dial -A -Ride service: In 2008, asked "less than 6 months" rather than "less than 1 month". 2011 Plymouth Metrolink Survey Analysis Page 24/32 Page 25 2008 2009 2010 2011 Less than 1 month 21% 20% 10% 7% 1 month to 1 year 10% 22% 38% 39% 1 year to 5 years 46% 26% 29% 31% More than 5 years 1 21% 23% 23% 23% In 2008, asked "less than 6 months" rather than "less than 1 month". 2011 Plymouth Metrolink Survey Analysis Page 24/32 Page 25 Survey respondents primarily speak the following languages in their households: Language 2010 2011 English 74% 78% Telugu 1% 4% Chinese 1% 3% Hindi 3% 3% Somali 3% 3% Spanish 3% 3% Russian 5% 1% Vietnamese 5% 1% Other (Persian, Kannada, Tamil, Bangla, Gujarati, Ukrainian) 7% 5% The languages written next to "Other" on the 2010 surveys include Persian, Kannada, Tamil, Bangla, Gujarati and Ukrainian. Origination of Some Languages: Telugu: Andhra Pradesh, India, Asia Kannada: Karnataka, southern India, Asia Bangla: Bengal, northeast India, Asia Gujarati: Punjab, west India, Hindu Gujarati adopted by govt and taught in schools, India, Asia Hindi: India, Asia Tamil: Sri Lanka, Asia Persian: Iran, Middle East Ukrainian: Ukraine, Eastern Europe (other Slavic countries, country and dialect not specified) 2011 Plymouth Metrolink Survey Analysis Page 25/32 Page 26 P/mout/iArZAo/ion Plymouth Metrolink Fixed Routes The survey was available to passengers on the Plymouth Metrolink buses November 18-20, 2008, October 25-27, 2009, October 26-28, 2010, and September 13-15, 2011. Passengers returned 542 surveys in 2008, 451 surveys in 2009, 462 surveys in 2010 and 416 surveys in 2011. Route # (check all routes used) 2008 2009 2010 2010 2011 19% Number of Surve s Submitted 740 16 11 12 11 741 19 10 15 13 742 13 21 12 12 747 46 30 41 41 771 19 15 15 5 772 135 138 114 41 774 51 50 18 2 776 178 135 110 117 777 134 132 102 88 790 184 139 189 107 791 23 19 27 10 793 128 94 128 37 795 47 41 73 8 One express route only had one-third of the number of surveys usually submitted by riders. Shuttle routes typically don't have many surveys submitted as riders submit them on the express buses. The respondents currently use Plymouth Metrolink buses primarily because driving is expensive, to avoid traffic congestion, and because parking downtown is expensive. The other highest reasons were to save time and environmental concerns. Why Respondents Ride (could check more than I option) 2008 2009 2010 2011 Avoid traffic congestion 19% 21% 20% 27% Parking too expensive 21% 21% 19% 26% Care about environment 14% 14% 13% 19% Bus is faster than driving 13% 1 14% 1 14% 1 18% Save money 9% Driving too expensive 13% 1 11% 14% 2011 Plymouth Metrolink Survey Analysis Page 26/32 Page 27 Riders' Choices Two-thirds of respondents would drive their own vehicle if the bus was not available. One-fifth would carpool or not make the trip at all. This has remained constant over the past four years of this survey. Without the bus, people would... 2008 2009 2010 2011 Use their own vehicle 68% 66% 61% 61% Carpool 17% 18% 19% 17% Not have made the trip 8% 8% 9% 9% Taxi 2% 2% 1% 3% Telecommute 0% 0% 3% 2% Bicycle 1% 1% 2% 2% Walk 0% 0% 1% 1% Other 4% 5% 3% 6% Most respondents ride the bus to commute to work (87%). The next highest number of respondents commutes to school (7%). This also has remained fairly constant all four years of this survey. Park and Ride Many passengers walk to a bus stop rather than using the park and ride lots or driving to their final destinations. More than half the respondents do not utilize a park and ride lot, but board the bus at bus stops in Plymouth or downtown. The question of which specific park and ride the respondent used was not asked in the 2008 and 2009 surveys. Respondents could check more than one lot. Park and Ride 2010 2011 Do not use a P and R Lot 55% 53% Nathan Lane P and R Lot 18% 12% Station 73 14% 17% Olive Lane P and R Lot 12% 17% Respondents were asked if they would use a park and ride (P and R) lot if that was the only option available. The buses would travel between the park and ride lots and downtown or other popular points and no local fixed routes would be available. Park and Ride Only Option 2008 2009 2010 2011 Yes, would use P and R lot 70% 69% 45% 430/o Don't Know, Unsure, need more info 20% 21% 30% 33% No, would not use a P and R lot 10% 10% 1 25% 1 240/( Total 100% 100% 100% 100% 2011 Plymouth Metrolink Survey Analysis Page 27/32 Page 28 Midday and Late Service The midday bus and last bus leaving downtown Minneapolis are 795 (midday), 793 and 774. Although they are lightly used, they are highly valued according to the survey. Eighty-one percent of the respondents said they are important options for Plymouth Metrolink riders who may need to leave work early or late. Midday and Late Bus Option is Important 2010 Response 2011 Response Yes 83% 81% No 17% 19% Respondent has used Midday or Late Bus Go -To Card (counted as Metro Pass) 1 61%66% Yes 64% 57% No 36% 43% Fare services Most respondents use a form of the Go -To Card. (Go -To and Metro Pass are very similar.) Cash was the second most popular option for respondents in 2011. The chart below compares the December, 2011 actual fares collected to the survey responses. Similar to the survey, the actual figures show that a high number of the riders use a Go -To Card for daily commutes. A few to a dozen passengers each use tokens, Young Adult cards and Mobility cards. Fare Options Survey Respondents Actual Fares 2008 2009 2010 2011 2011 Go -To Metro Pass (through Work) 45% 42% 50% Go -To Card (counted as Metro Pass) 1 61%66% 44% 40% Cash 6% 7% 3% U -Pass (Go -To) 4% 5% 2% U -Saver Card (Stored Value) 2% 2% 24% Other (Choice on Survey) 39% 34% 4% Transfer 10% 31 -Day (Stored Value) 3% College Pass (Go -To) 2% Mobility Pass (Go -To) 1% Young Adult 1% Token 1% Problem with Fare Box* 2% Fare Not Categorized in System* 1% Respondents could check more than one method ofpayment. 100% Fare Reimbursed to Plymouth Metrolink by Metro Transit 2011 Plymouth Metrolink Survey Analysis Page 28/32 Page 29 Communications Passengers were 94% satisfied with the information from the web site, communication with the phone, email and alerts. Consistently 90% or more of respondents over the years of the survey do not subscribe to the Metrolink rider alerts. This could be due to the ability of the electronic devices to accept the information sent by the City web site. Many of the riders appear to prefer twitter, texting and other forms of social network communication. The 2011 survey asked riders if they prefer another electronic format for Plymouth Metrolink updates. Three-fourths of the respondents did not. One-quarter of the respondents do prefer another electronic format for the updates. 67% felt that the information from the web site was sufficient. Prefer another electronic format for Rider Alerts 2011 Yes 28% No 72% Subscribe to electronic Rider Alerts 2008 2009 2010 2011 Yes 5% 9% 10% 13% No 95% 91% 90% 87% Survey respondents primarily speak the following languages in their households: Language 2008 2009 2010 2011 English 93% 92% 90% 86% India language (Hindi, Kannada, Bangla, Gujarati, Telugu) 3% Chinese2% Tamil 1 % Somali 5% 5% Spanish 1.5% 5% 1% 2% Russian 5% 2% 2% 2% Vietnamese 5% 0% 1% 5% Other (some included Persian, Tamil, Ukrainian) 4% 5.5% 6% 3% Total 100% 100% 100% 100% Contractor and Facility Service Ratings Overall satisfaction increased from 94% to 98% in 2011. First Transit, the contracted operator works with the City to increase efficiencies while maintaining a high quality level of service. Both the contractor and the City are in the process of implementing quality control monitoring in accordance with Federal Transit Administration (FTA) standards. The addition of new buses and 2011 Plymouth Metrolink Survey Analysis Page 29/32 Page 30 a change in customer service staff may also have positively influenced the overall satisfaction rating. Over 90% of the respondents agreed that the buses are clean (98%), reliable (96%), and comfortable (90%), similar to 2010. 2008-2011 Surveys: Service & Schedules t00% 98% 98% 96% 95% 95% 92% 90% 90% 85% 2008 Agree — m 2009 Agree 2010 Agree 80% 2011 Agree 75% Bus Cleanliness Reliability of Bus & Schedules Comfort Seventy-three percent (73%) responded that the bus stops are clean and in good shape. Ninety- six percent (96%) of the respondents feel safe while waiting for the bus. Sixty-nine percent 69%) responded that the stops and shelters are well lit. Two respondents felt their vehicles were not safe in the park and ride lot. The bus shelters are in the capital improvement plan to be replaced beginning in 2011. The goal is to replace two shelters in each year until all shelters have been repaired or replaced. Station 73 and The Reserve is also in the 2012 capital improvement plan to improve lighting and security. One-third of the respondents felt that the hours and operations of Plymouth Metrolink fixed route are insufficient. Twenty-six (26%) of the respondents said that there are not enough express routes between downtown and Plymouth. 2011 Plymouth Metrolink Survey Analysis Page 30/32 Page 31 70% 60% 50% 40% 30% 20% 10% 0% Drivers P/ymoal,R9e/a/ia, 2008-2011 Surveys: Satisfaction with Level of Express Service 51% Satisfied 2008 43i Moi Express Satisfiedxpress 2009 59% Satisfied 2010 Satisfaction with Express Service 60% 28% More Satisfied 2011 26% PI More Express 2011 Plymouth Metrolink passengers appreciate their drivers. Drivers scored almost perfect 98% agreement among passengers for professional appearance, and operating the buses safely and responsibly, both a 1% increase from 2010. Ninety-seven percent (97%) of the respondents in 2010 and 2011 agreed that the drivers are courteous. Seventy-three percent (73%) of respondents marked that drivers verbally identified route location, which is an FTA requirement. However, many riders do not notice route identifications unless they are specifically listening for it. Performance monitoring by the contractor, the City and other organizations has indicated that drivers verbally identify route locations where required. Customer Service Twenty-seven (27%) of the respondents surveyed in 2011 indicated that they contacted customer service. Seventy-five percent (75%) of the respondents that called customer service were satisfied with the response, down 3% from 2010. Customers were 98% satisfied with Plymouth Metrolink service on a daily basis as a whole when considering the fleet, facilities, drivers and service that the system provides. 2011 Plymouth Metrolink Survey Analysis Page 31/32 Page 32 120% 100% 2008-2011Survevs: Respondents Impressions of First Transit A/y117001,&, W71110 Drivers 98% 975/ 975/ 97% 9891 80% 60% 40% 20% 0% Appearance professional END NOTES Courteous Operate vehicles Verbally identify Knowledgeable & Meetscheduled safely & responsibly route location helpful stops Evaluation Report: Governance of Transit in the Twin Cities Region, Minnesota Office of the Legislative Auditor, Ch. 1, p. 16, fn 43, Jan, 2011. Minn. Stat. 2010, 297A.992, subd. 6. Evaluation Report: Governance of Transit in the Twin Cities Region, Minnesota Office of the Legislative Auditor, Ch. 1, p. 17, Table 1.6, Jan, 2011. Sources listed. v City of Plymouth Resolution No. 99-497, 11-16-99. v 2030 Transportation Policy Plan, adopted by the Metropolitan Council, November 10, 2010, http://www.metrocouncil.org/planning/transportation/TPP/2010/index.htm. Vi What the 2010 Census Tells Us about the Twin Cities Region: Total population change and population change by race and ethnicity, March, 2011, http://stats.metc.state.mn.us/stats/metrostats.aspx. Metropolitan Council, February 22, 2012, http://www.metrocouncil.org/planning/transportation/CTPP2000/CTPP2000.htm. viii Minn. Stat. 2010, Sec. 2976.02. lx Laws of MN First Special Session 2001, cha. 5, art. 3, sec. 65, sec. 72. Minn. Const. art. XIV, sec. 13. xi Minn. Laws 2007, ch. 143, art. 2, sec. 5. xii Minn. Stat. sec 2976.09, Minn. Laws 2009, ch. 36, art. 3., sec. 19. xiii Minn. Stat. 2010, 473.408, subd. 2a., Evaluation Report: Governance of Transit in the Twin Cities Region, Minnesota Office of the Legislative Auditor, Ch. 1, p. 25, Jan, 2011. xiv 49 U.S.C. 5335(a). 2011 Plymouth Metrolink Survey Analysis Page 32/32 Page 33 P/y,outb llet o/%Y PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) 2012 WORK PLAN Regular Quarterly Meetings 2012 Meeting Dates Key Topics Election of Officers Prioritize Plymouth Metrolink services (Jan/Feb) I February 22 Define the ideal transit system for Plymouth (Jan/Feb) Distribute 2011 Annual Transit Report Review Fixed Route Survey Analysis II May 23 Legislative Update & Suburban Transit Association Update Messerli & Kramer) Review 2012 Budget III August 22 TransitLink Program Update (TransitLink) Metropolitan Council Update (Metropolitan Council) Recommend 2013 PACT Work Plan IV November 28 Review Dial -A -Ride Survey Analysis Transit Evaluation and Planning All Regular PACT meetings will be held the 4th Wednesday of the month from 7:00 to 9:00 p.m. in City Hall. All meetings are held in the Medicine Lake Room A / B, Plymouth City Hall, unless noticed otherwise on the city web site at www.plymouthmn.gov. Regular Quarterly meetings: February 29, May 23, August 22, and November 28. Scheduled Working Sessions: January 25, March 21, April 25 (Melissa Madison, Commuter Services, 494 Corridor Commission), June 27, July 25, September 26, and October 24, Deeem-ber- 26. 2012 Work Plan Revision 1 (2-29-12) Page 34 rp)City of Agenda 6 . 0 6PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Shawn Drill, Senior Planner COUNCIL MEETING Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, March 13, 2012 Community Development Director Approve the Final Plat and Development Contract Item: for "Hampton Hills 4th Addition" located west of Pomerleau Lake in the Osseo and Wayzata School Districts (2012005) 1. ACTION REQUESTED: Move to adopt the following attached items: a) a resolution approving a final plat and development contract for Hampton Hills 4th Addition; and b) a resolution adopting assessments for Hampton Hills 4th Addition. Approval of a final plat, development contract, and assessment resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On April 12, 2011, the City Council approved the preliminary plat for this development. To date, 33 of the 114 single-family lots have received final plat approval (as Hampton Hills 3rd Addition). The proposed 4th Addition plat includes 32 lots located between the 3rd Addition and the South Plateau, which received preliminary plat approval on February 28, 2012. The 4th Addition would provide a street connection to Juneau Lane. In conjunction with this plat, the developer would provide a mill and overlay on existing Juneau Lane from the plat boundary northerly to future 57th Avenue (to be located near the south end of the planned Trillium Woods development). An existing cellular antenna tower lies in the northwest portion of the plat. Due to existing lease arrangements, that tower must remain in place for the present time. The lease expires in 2021, however, the developer is working with the tower owner to secure an alternate tower location sooner rather than later. The tower is located within the ultimate location for Polaris Lane. Consequently, a roughly 200 -foot long segment of Polaris Lane would be jogged around the tower until its removal. The area around the tower would be platted as an outlot for future subdivision into seven single-family lots after the tower is removed. The majority of the site lies in the Osseo School District. A smaller area including 2-3 homes in the southwest portion of the site lies in the Wayzata School District. See the attached map showing school district boundaries. Page 1 The requested final plat is consistent with the approved preliminary plat. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Location Map Approved Preliminary Plat Final Plat School District Map Development Contract Resolution Approving Final Plat and Development Contract Resolution Adopting Assessments P:/CommDev/STAFFREP/CC/2012/2012005-F-Hampton-Hills-4`h-CC Page 2 4th Add'n. Site x¢¢ o too zootee LOSC MINGT tCA FPRIELIMINARY v8JEwsriND VA'IunEs swcwu u,E SNDwN INAN APRimtWATF wAY9NtY. THECONTRAc1VRSHALLDErERMMETHEsxAcl'LDUTIDN OF ANY AND ALL M—NG VTILITIe6—ORCDOMMENCIND WORN. NEAWE53TDDEFULLYf PCNSIELEFO A mOPLL DAMAGES MIS— OUT OF H,`. FAIWAC To EYACRY WCATE AND -- ANY AND ALL t -TING ll,r OOC cel/ no 2- SYMBOLLEGEND REVIB10N5 BY CRIPTiDN SYMHDL Mhc cltFCPA.,.e. 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A.. i Bair, i s itis / 10 i, 112 f3 F v 1q 14 e:lry '`tro •r'u>,., m"^ :I f / 1 t5 159-a1 5. 585°4253 W `.•8.7a30'4d'E 1eLft EN'btluM y„ Wa hr/ i r ~+ SM22 esht;%.N 1 g78°3i yrw LVIPKhxYR 119hAW6R:INPl59&tRdO [.¢NOMI M— mom p N6raWSW 1Q91 Abl•1°la• ,>,pe U !!3•S3'ST4 aNl•Q°T amao RLSe it lq•etyNW R04 FINAL PLAT -- P.4, Page 8 F:n6llNe llnLl.Hl—WNARE 6NOWNIN ur aERRoaILUTExv.V ONLr,l Ee"dea: co of sHnLLaETERMWEnuAK CrGCCS eFANr MEPO nsTaeNr0nE6EEeoneeaMMENCWCwe"F ACREE9To0EFI G REEPCNsl6LEF AN ®" (ror NFrvn PL, Nheo (2 pmld rvqu4vtl[ AW CR0AOE8A1LITI evr eF wa FA14uRE rC ENAcrLYLCCATE nrvo PREsk]RVC ANV liar fllaFpE4vo p0ipeess GNY AEmw EElanlvo ununee, SCHOOL DISTRICT MAP c` 0 /Z Do 5 LOOATIO 1. MAP SHEET INDEX TABLE SHEET OaecNO 1 nlb shoeL 24 5Nw1pl— S7 Smllery5—S lYah W,. Rab 1P 5!elrt15ceMFI- 1145 Gradeg.Ordesge 6 E"""" c- 14.19 c—F'lala 1&15 G6RSh N.U010118 pa pti rm.rpmY e-elv•v.Mnp--w ane. AE m pew.y+FF as Row.mwa s,l.N. iamvF.uoeRe. nuAwno. soon Ealiu, Wn w. SLaa Rn{osrygsuaE F m.G faa Yl.taKe w. a{us 6• r pF yva MGm a04 A6aM p GXN.Y I'B.s1LYi rPNeax o- R.,m.n.. aim I— BBICNKV SNEgA AW mn vTNCU'W60,(PTrR sfATE OFreNNERei4 RE®arERw—E FN sr1 .i lF9 a pnTE !1-i 11 i RED, Np .3.J= Page 9 U Z_ H LnF d LjJ 3 lm C NW LL CO oRs Sd•'vM1 m 3 e ogb Z O F c wC] q w Y W o w F- 3J a oZi z } F p a O Q DormaRL cNRIMIMEo 1RLEramlowNoeNe, OM W1 NHBH i 19 DEVELOPMENT CONTRACT Developer Installed Improvements) HAMPTON HILLS 4th ADDITION (2012005-F) AGREEMENT dated , 20 by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City"), and HAMPTON HILLS INVESTMENT, LLC (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Hampton Hills 4th Addition (referred to in this contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is presently legally described as follows: Outlots C and D, Hampton Hills 3'd Addition, Hennepin County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, furnish the security required by it, and record the plat with the county recorder or registrar of titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Hennepin County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Any special assessments for sewer and water referred to in this contract are not being imposed on outlots in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges would be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. b. CHANGES IN OFFICIAL CONTROLS. For two years from the date of this contract, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat Page 10 unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's comprehensive plan, official controls, platting or dedication requirements enacted after the date of this contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this contract. If the plans vary from the written terms of this contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage and Erosion Control Plan Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan Plan G - Permanent Traffic Control Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities 1. Street Signs and Traffic Control Signs J. Landscaping Required by Section 21130.03 of the Zoning Ordinance K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City's subdivision regulations and the City's engineering guidelines/standard detail specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre- 2— P:ICominDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 11 construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to famish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. 9. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall provide to the City a cash escrow to pay for the costs of administering the development contract. Administrative costs include but are not limited to preparation of the contract, city recording fees for documents required as part of the development, monitoring of construction observation, consultation with the Developer and his/her engineer on status or problems regarding the project, plan review, coordination for testing, periodic and final inspections and acceptance, project monitoring and inspections during warranty periods, and processing requests for reduction or release of security, for all public improvements covered by the development contract. The cash escrow deposit shall be 67,640 (calculated at 4% of the estimated cost of proposed public improvements, as identified on page 12). If, at any time prior to completion of the development contract administration process, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the Developer shall deposit additional funds in the cash escrow account as determined by the City. Any balance remaining in the cash escrow account upon completion of the development contract administration process shall be returned to the developer after all claims and charges thereto have been deducted. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: Minnesota Pollution Control Agency for sanitary sewer extension Minnesota Department of Health for watermain extension, and for abandonment of any on-site wells Shingle Creek Watershed District permits National Pollutant Discharge Elimination System permits Hennepin County for abandonment of any on-site sewage systems City ofPlymouth for building permits 3— P:1CommDev\STAF%RF-P1Development Contracts1201212012005-Hampton-Hills-4th-DC.dorx Page 12 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2012, with the exception of the final wear course of asphalt on streets. Final wear course placement will be allowed in a new housing development only after one freeze — thaw cycle and after 75% of all units are constructed. An inspection of the roadway will be performed by the engineer or designee prior to wear course placement. From this inspection, any deficiencies or damage to the street, sidewalk and curb will be noted and will need to be corrected prior to the placement of the wear course. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access to the subdivision via 55th Avenue and Polaris Lane. No construction traffic is permitted on other adjacent local streets including Juneau Lane. 15. GRADING PLAN. The plat shall be graded in accordance with the approved Grading, Drainage and Erosion Control Plan (Plan B). The plan shall conform to City of Plymouth standards. Within 30 days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corer elevations and house pads; and d) top and bottom of retaining walls. All lots with house footings placed on fill must be monitored and constructed to meet or exceed FHA/HUD 79G specifications. The developer must certify that this has been done correctly. 16. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan (Plan B) shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency's best management practices. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than 5 days unless authorized and approved by the city engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched, and disc -anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City W4— P:1CommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.doex Page 13 incurred for such work within ten days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 17. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: Contractor's certificate Engineer's certificate Land surveyor's certificate Developer's certificate The above certificates shall certify that all construction has been completed in accordance with the terms of this contract. Upon receipt of affidavits and verification by the city engineer, the city engineer will accept the completed public improvements. Prior to acceptance of the improvements, the Developer shall supply the City with a complete set of reproducible mylar "record" plans, and an electronic file of the "record" plans in an AutoCad.DWG file, a tagged image format (.TIF) file and the electronic point/staking file prepared in accordance with City standards. 5-- PACommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 14 19. PARK DEDICATION. The Developer would satisfy park dedication requirements for this plat through dedication of trail land (Outlots F and H) in this plat, and through previous dedication of land in Hampton Hills 3rd Addition, 20. WATERMAIN. This plat is subject to a trunk watermain special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually, The 2012 rate is $3,798 per acre. If the development contract is signed by the Developer and City in 2012, the assessment amount is calculated as follows: 21.89 acres minus 4.02 acres of wetland = 17.87 acres x $3,798 per acre = $67,870.26. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The assessment will be spread over five years at 3.45% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claun that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 21. SANITARY SEWER. This plat is subject to a lateral sanitary sewer special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2012 rate is $1,024 per acre. If the development contract is signed by the Developer and City in 2012, the assessment amount is calculated as follows: 21.89 acres minus 4.02 acres of wetland = 17.87 acres x $1,024 per acre = $18,298.88. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The charge will be spread over five years at 3.45% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 22. WETLAND MITIGATION. Before the City signs the final plat, the Developer shall post a 61,000 security for wetland mitigation. This security may be in the form of a letter of credit separate from the primary development security or in the form of a non-interest bearing escrow with the City. If the mitigation area is found to be unsuccessful after the mandatory five-year warranty period, the City may elect to extend the required monitoring period, or keep the security to be used for this mitigation project or for wetland mitigation/restoration elsewhere within the City. In addition, the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures as directed by the City to perform the work recommended. 23. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permits shall be issued until a contract has been awarded for sewer and water and the MPCA permit has been issued. Prior to issuance of building 6- P:1CommDev\STAFFREPIDevelopment Contracts\2012\2012005-Hampton-Hills-4th-DC.doex Page 15 permits, except those identified in item F of this section, curbing and one lift of asphalt shall be installed on all public and private streets serving the subject lot. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. Specifications for the monuments are available from the Community Development Department. C. Prior to issuance of building permits, written certification of the grading for the block where the building is to be located must be provided to the City. D. Breach of the terms of this contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designee. F. After the plat is recorded and written certification provided of the grading for the block where the building is to be located, a building permit for one model home per builder within the subdivision will be issued on a lot acceptable to the building official after building permit review and approval. For this action, the Developer shall indemnify the City and hold the City harmless from any resulting property damage, personal injury or death or costs incurred by the City, including reasonable attorney's fees, except for the willful misconduct or gross negligence of the City. No sewer and water connection permits will be issued until the streets needed for access to each model home have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designated representative. No certificates of occupancy shall be issued until sewer and water service is provided to these model homes. 24. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer. The signs shall be placed at all intersections or at such other locations as determined by the city engineer or designee. All street name signs must be installed prior to final building inspection approval. The Developer shall install traffic control signs in accordance with the plan approved by the city engineer and Minnesota Manual of Uniform Traffic Control Devices MMUTCD). All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the city engineer. 25. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City the energy cost for the first two years of operation. Eight lights at a cost of $1,600 per year and a two year cost of $3,200. The cost includes contingencies at $1.20 per lot per year and sales tax. After the first two years the street lights will be billed on a bimonthly basis to all the lots in the addition, a total of 39 lots, which results in an estimated cost of $6.83 per lot per billing period. The rate quoted above is dependent upon the operation costs 7— P:ICommDev\STAFFREP1Deveiopment Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 16 for Wright Hennepin Electric under contract franchise with the City of Plymouth. After the first two years, unless final platted into lot -block status, the energy costs for three lots shall be billed to the owner of Outlot C, and the energy costs for four lots shall be charged to the owner of Outlot D. 26. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this contract within 30 days after receipt. Bills not paid within 30 days shall accrue interest at the rate of 8% per year. F. in addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Prior to issuance of building permits, the Developer shall convey Outlots F and H to the City by warranty deed, free and clear of any and all encumbrances. B. The Developer shall construct a City trail in Outlot H and in the east -west segment of Outlot F, in the manner and location as prescribed by the City Parks Department. The Developer shall be responsible for the cost of grading the trails, but shall be reimbursed for the gravel base and pavement costs of the trails. Upon completion of the trails, the Developer may submit a detailed invoice showing the gravel base and pavement costs for the trails. Upon City inspection and acceptance of the trail installation and receipt of the detailed invoice, the City shall reimburse the Developer for the trail costs excluding the related grading costs. g_ PACommDev\STAFFREP1Davalopmant Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 17 C. The Developer shall install a temporary turnaround on the south end of Juneau Lane within the plat. In addition, no building permit shall be issued for a home on Lot 1, Block 2 until such time as Niagara Lane is extended northerly via subsequent platting, or a temporary gravel turnaround is provided at the terminus of Niagara Lane. The temporary turnarounds shall be in place until such streets area extended with subsequent phases of the Hampton Hills development. Before the City signs the final plat, the Developer shall furnish the City appropriately executed temporary turnaround easement for Juneau Lane, in recordable form. D. The Developer shall post a $14,200 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 142 irons at 100.00 per iron. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. E. The Developer must obtain a sign pen -nit from the City building official prior to installation of any subdivision identification signs. F. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. G. The Developer shall include the "City of Plymouth's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement project. H. Other requirements: 1. Prior to recording the final plat, provide street, drainage and utility easements for the temporary road and utilities through Outlot D. 2. On sheet 5 (inset B) of the final plat, change street name from "52nd Avenue" to "Polaris Lane" for the public street segment lying south of Outlot C. 3. Encroachment agreements are required where retaining walls are located in drainage and utility easements. 4. Maintenance agreements are required for filtration basins. 5. The homeowner's association documents shall address: a) responsibilities for maintenance and repair of wetland buffers, buffer monuments, developer - installed retaining walls, and sidewalks; b) prohibition on structures and the clearing of vegetation from the wetland buffers; and c) responsibilities for retaining walls that cross or are adjacent to property lines. 6. The homeowner's association shall be responsible for maintenance of the retaining wall located on the east side of Juneau Lane that lies partially on the parcel to be acquired by the City (former Hampton house site, 5340 Juneau Lane). 7. The sidewalks along all streets shall be installed at the same time the streets are installed. 8. The plans shall be revised to provide a five-foot wide concrete sidewalk along the east side of Juneau Lane within the plat boundary, for the segment of Juneau Lane lying north of the 52nd Avenue/Juneau Lane intersection. 9— P:1CommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 18 9. Development standards and setbacks shall comply with the RSF-3 zoning standards. No variances are granted or implied. 10. Compliance with the city's tree preservation regulations. 11. No trees shall be planted in the boulevard. 12. Removal of all hazardous trees from the property at the owner's expense. 28. MISCELLANEOUS. A. The Developer may not assign this contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Certain retaining walls will require a building permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the building official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. The developer shall submit appropriate legal documents regarding homeowner association documents, covenants and restrictions, as reviewed by the city attorney for consistency with the City's official controls and conditions of approval shall be filed with the final plat. If the documents are not consistent with the City's official controls and conditions of approval, the documents shall be amended to make them consistent prior to recording the final plat and homeowner association documents. D. The Developer shall take out and maintain or cause to be taken out and maintained until 6 months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of 1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this contract. To be binding, amendments or waivers shall be in 10- PACommDev\STAFFREM1Development Contracts1201212012005-Hampton-Hills-4th-DC.doax Page 19 writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this contract shall not be a waiver or release. H. This contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision regulations, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 29. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this contract against poor material and faulty workmanship. The Developer shall submit a letter of credit for 25% of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for utilities including public sanitary sewer, storm sewer, and water mains shall be 2 years from the date of final written City acceptance of the work, B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be 1 year from the date of final written City acceptance. 11-- PACommDev\STAFFREP1Development Contracts1201212012005-14ampton-HiUs-4th-DC.docx Page 20 C. The required warranty period for sod, trees, and landscaping is one growing season following installation. D. The required warranty period for wetland mitigation is 5 years. 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public and private improvements, and construction of all public and private improvements, the Developer shall furnish the City with a letter of credit, in a format acceptable to the City, from a bank, cash escrow or a combination cash escrow and letter of credit ("security") for $1,993,327. The amount of the security was calculated as follows: 1) Developer installed public improvements. City to own and maintain after development completed. 2) Private. Property owner and/or property owner's association to maintain after development completed. 3) Eight (8) street lights @ $5,000 = $40,000. The preceding breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the terms of this contract or if 12- P:1CommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 21 ESTIMATED COSTS Developer ITEM Installed (1) Private (2) Total Street Construction 354,887 354,887 Mill/Bit. Overlay - existing Juneau Lane 180,852 180,852 Sanitary Sewer System 497,470 497,470 Watermain. System 242,386 242,386 Storm Sewer System 187,739 187,739 Boulevard Sod 6,854 6,854 Infiltration Basin 11,430 11,430 Street and Traffic Control Signs 2,800 2,800 Sidewalk Improvements 39,550 39,550 Trail Improvements 43,700 43,700 Landscaping -Retaining Walls 54,000 54,000 Street Lighting 40,000(3) 40,000 Erosion Control and Silt Fence 5,000 5,000 Site Grading 4,700 4,700 Setting Iron Monuments 14,200 14,200 Tree Preservation and Reforestation 33,188 33,188 Wetland Mitigation and Restoration 61,000 61,000 SUB -TOTAL: 1,509,834 269,922 1,779,756 Design, Admin., Insp., As-Builts (12%) 181,180 32,391 213,571 TOTAL: 1,691,014 302,313 1,993,327 1) Developer installed public improvements. City to own and maintain after development completed. 2) Private. Property owner and/or property owner's association to maintain after development completed. 3) Eight (8) street lights @ $5,000 = $40,000. The preceding breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the terms of this contract or if 12- P:1CommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 21 the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security maybe reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this contract which must be furnished to the City at the time of final plat approval: Park Dedication NIA Street Light Operating Fee 3,200 Erosion Control Cash Deposit (Refundable) 1,000 Administration of Development Contract Escrow 67,640 TOTAL CASH REQUIREMENTS LEVIED: $71,840 33. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Jacob Fick Hampton Hills Investment, LLC 16972 Brandtjen Farm Drive Lakeville, MN 55044 The Developer shall notify the City within five days of a change of address. Notices to the City shall be in writing and shall be either hand delivered to the city manager, or mailed to the City by certified mail in care of the city manager at the following address: Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 13— PACommDev\STAFFREP1Development Contracts1201212012005-Hampton-Hills-4th-DC.docx Page 22 CITY OF PLYMOUTH RESOLUTION No. 2012- A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR HAMPTON HILLS 4T" ADDITION" FOR PROPERTY LOCATED AT 5313, 5323, AND 5455 JUNEAU LANE (2012005-F) WHEREAS, Hampton Hills Investment, LLC has requested approval of a final plat for 32 new single-family lots and 8 outlots on roughly 126 acres of land located at 5313, 5323, and 5455 Juneau Lane; and WHEREAS, the property is presently legally described as Outlots C and D, Hampton Hills 3rd Addition, Hennepin County, Minnesota. WHEREAS, city staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Hampton Hills Investment, LLC for a final plat for Hampton Hills 4h Addition; and FURTHER, that the development contract for said plat be approved, and that upon prior execution of the development contract by the developer, the mayor and city manager be authorized to execute the development contract on behalf of the city; and FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. The final plat for Hampton Hills 4th Addition is approved in accordance with the plans received by the city on February 28, 2012, except as may be amended by this resolution. 2. Prior to recording the final plat, the applicant shall execute a development contract for the public and private improvements, and shall submit the required financial guarantees. 3. Prior to recording the final plat, the applicant shall provide the following easements and agreements: 1) Street, drainage and utility easements are required for temporary road and utilities through Outlot D. Page 23 Resolution 2012 - File 2012005 Page 2 2) Encroachment agreements are required where retaining walls are located in drainage and utility easements. 3) Maintenance agreements are required for filtration basins. 4. Prior to recording the final plat, Sheet 5 (inset B) of the final plat shall be revised to change the street name from "52nd Avenue" to "Polaris Lane" for the public street segment lying south of Outlot C. 5. Prior to recording the final plat, the plans shall be revised to indicate a temporary turn- around at the north end of Niagara Lane. 6. Prior to issuance of a grading permit or any grading activities, the developer shall install and request inspection of tree preservation fencing and silt fencing. 7. Prior to issuance of building permits, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. 8. The homeowner's association documents shall address: a) responsibilities for maintenance and repair of wetland buffers, buffer monuments, developer -installed retaining walls, filtration basins, association common spaces, sidewalks, landscaped areas, and similar features; and b) prohibition on structures and the clearing of vegetation from the wetland buffers. 9. The homeowner's association shall be responsible for maintenance of the retaining wall located on the east side of Juneau Lane that lies partially on the parcel to be acquired by the City (former Hampton house site, 5340 Juneau Lane). 10. The sidewalks along all streets shall be installed at the same time the streets are installed. 11. The plans shall be revised to provide a five-foot wide concrete sidewalk along the east side of Juneau Lane within the plat boundary, for the segment of Juneau Lane lying north of the 52nd Avenue/Juneau Lane intersection. 12. The developer shall notify potential buyers about future roadway extensions, and shall post signage on the site regarding future roadway improvements. 13. Standard conditions: a. Development standards and setbacks for this plat shall comply with the RSF-3 zoning standards. No variances are granted or implied. b. Compliance with the city's tree preservation regulations. c. No trees shall be planted in the boulevard. d. Removal of all hazardous trees from the property at the owner's expense. e. Any signage shall require separate permits and shall comply with the city's signage regulations. Page 24 Resolution 2012 - File 2012005 Page 3 f. A reproducible mylar print and electronic file format (AutoCad DWG file format) of sanitary sewer, water service, storm sewer and pond as-builts for the site shall be submitted prior to the release of financial guarantees. g. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under Section 512 of city code. ADOPTED by the Plymouth City Council on March 13, 2012. 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 March 13, 2012, 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 25 CITY OF PLYMOUTH RESOLUTION NO. 2012 — ADOPTING ASSESSMENTS TRUNK SANITARY SEWER AND WATER MAIN HAMPTON HILLS 4th ADDITION (2012005) WHEREAS, the City has received a Waiver of Assessment Hearing from the property owner of Hampton Hills 4th Addition waiving their right to special assessment hearings for trunk sanitary sewer and water main and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear interest at the rate of 2.44% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Department, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and the Developer may at any time thereafter pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 29 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $86,169.14. ADOPTED by the City Council on March 13, 2012. Page 26 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 March 13, 2012, 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 27 p))city of Agenda 6 . 0 7pIymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Diane Evans, Director of Parks & Recreation March 13, 2012 Reviewed by: Item: Approve Purchase of Hampton Hills property on Pomerleau Lake for Northwest Greenway 1. ACTION REQUESTED: Adopt the attached resolution approving the purchase agreement between Hampton Hills Investment, LLC and the City for the purchase of Outlot E, the former Hampton house on Pomerleau Lake. Approval of this resolution requires a 5/7 vote of the City Council. 2. BACKGROUND: The Hampton house property (Outlot E) is approximately 1.09 acres located along the southwest bank of Pomerleau Lake within the Hampton Hills 3rd Addition development. During the preliminary plat process, staff and the developer negotiated a tentative purchase agreement of 200,000 for the property. As part of the final plat process, a separate transferrable parcel, Outlot E was establish for the agreed upon property. The City Attorney's office has prepared the attached vacant land purchase agreement for Council review and approval. Since 1980, the City's comprehensive park and trail plan has indicated that we would purchase and maintain the property surrounding Pomerleau Lake. In the mid -1980's, the City acquired about two thirds of the western shore of the lake. In 2003, with the Reserve development, we acquired the entire eastern shore. And in 2005, the City purchased five acres on the northwest shore. With this purchase, the city will be able to have a looping trail around Pomerleau Lake. On the north end of the lake, the city will utilize a structured boardwalk across the wetland to make the loop connection. The trail will also tie into the Northwest Greenway, as the Greenway will pass just 100 yards or so north of the tip of the lake. 3. BUDGET IMPACT: The purchase agreement is in the amount of $200,000. The Park Dedication Fund will make the payment for the purchase of this property, but we do anticipate rolling the cost of this acquisition into a future bond sale. 4. ATTACHMENTS: Vacant Land Purchase Agreement Hampton Hills Development Map Resolution Page 1 SITE LOCATION (ORANGE AREA) HAMPTON HOUSE ON SOUTH TIP OF LAKE eo 5615 s5os 5535 sszs ssxs Y ao xa3zo xs3zs NWG TRAIL CORRIDOR Page 2 FF.,ti& .A P40 j)KD +c -A AYtK mow TRAiu RIS [j't1:L rr- -L- e_ AQ" 4— A,&UL IW r)4L 12K L ANk> rV `V R,4 I f rn L aaczsr4 -M 1trr1 L 1 1 r • \\\ yJ h` . . _ _.+ tun ,.,e'a For r _ rn .. _ .. .•e ire Y. i A B _e t.' r ar ec+4..hzdam,.i ' • ~ ; y, r •.d y lr 0. 4 ` 1. ' d •, v. ° 9.'a iI rmm, u uiur wroov/rva• Iadai,bau1 aiTsdr r .`i-riEtLANonz 1 wnrrvEruru WkILP,nID Ili rte- r'- U \ —— r W TcANDgz .. 4 200 tan n Inu 2(111 CCA SCALE IN FEET PRELIMINARYJ ' LIMI- . 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ISD dW sau q luc L°Tnnml Leka414e, N7N 55uel.l aiMN LTF.- Ph I952F2r,74686 3 5 Fas952-92]A9na CuaLxi: Rvb WgrA7,el[ ¢ s`"' rw TREEa9EEFAVAmONfV e•+nmcAnE SreT ELVATtON TSC 5707E _vnrl ll uext LiNd BllrfrJi nlOn fl 125 WIDE LOT SHEcT age WIDE LOT SP I l 74' W IDT LOT EX LANDEGAPE TREE REQUIREMENT: 2 TREE-EWCE 1 PPq -8 UPIA N 1 GPI -5 Prolkninary Grading end Drainage Plan Propas°d Z.HM-14SF-3 Preliminary Erasion Control Plan TS7-g Tree Survey B Removal Plan dlin Lot W.d -0 R Welland Miligalinn Platt qiw Iq l PH Phasino Pian l fuS c y; h L°I Area 7.1M e Aerial Map nlz r+rf C3 LL Fy h-259{ Sysb-Ng3r 9ey91t pivjrn0 L1 Fiysb-2341 fie Row - a2 F -F Sbeels 5P Row -2B as nBcels. SHORELAND DATA: Shore. - Shoreland Lot, 25% Dwimum Impervlous. cc W vpYj11er E+MrexvirdSUNyl T"', nH D°YCiopmsnkFarmLime is7597211., Sdw a Igq - I, IAe.. ISD dWLeka414e, N7N 55uel.l aiMN BI Ae6 W yz LY INnnesal 55.91 Ph I952F2r,74686 3 5 Fas952-92]A9na CuaLxi: Rvb WgrA7,el[ ¢ s`"' rw P6(95 )47mouo Fax S52+V 6-0104 Co G Y 1 e 10ENR. r.r fad c° la 12 IJale He E CoaWr[a Dave Pambe,im :u,ry SHEET INDEX TABLE SHEcT Descnpticn SP Preliminary Sk Pies, EX Existing Cundtliuns Plan 1 PPq -8 UPIA ALTA Survey PlrelimFnery PIRI Praliminary Wilily Plan GPI -5 Prolkninary Grading end Drainage Plan EGI-2 Preliminary Erasion Control Plan TS7-g Tree Survey B Removal Plan WET MIT Welland Miligalinn Platt qiw Iq l PH Phasino Pian l fuS c y; AERIAL Aerial Map nlz r+rf i HERESY CERTIFY THAT THOS PLAN OR SPECIFICA DON WAS PREPAREDHY ME OR UNDER Io1Y OIREC I SUPEAWSION AND THAT I AM A DULY RECIStERED PRDFE5SX)NAL ENGMWE•=R UNDER THE LAWS OFF THE STATE.,QFF MINNESOM ir's"1 .S. DATE 0 (ZnLYI < < REG. NO 01 REVISIONS BY ol11nk ama,Gr»r-: Rs.h7. 1 -telt RISC City co-5ts R.S.Ma-0141 z r— N W 2 1 W M Mm oN frcn y4 ! Z TY I.3 4 G 7Dh3 oEs } Page 3 yl 3 YII o LLI d tr v'^) V! Z 3f Q Lu UJ Cl Q Ll C3 LL L1 Page 3 PURCHASE AGREEMENT I. PARTIES. This Purchase Agreement is made on day of 2012, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, located at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 (`Buyer"), and HAMPTON DILLS INVESTMENT, LLC, a Minnesota limited liability company, 16972 Brandtjen Farm Drive, Lakeville, MN 55044 ("Seller"). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located in the City of Plymouth, County of Hennepin, State of Minnesota, as legally described in Exhibit A attached hereto ("Subject Property"). 3. PRICE AND TERMS. The price for the real property included in this sale is Two Hundred Thousand and No/100 Dollars ($200,000.00) which shall be payable by Buyer to Seller in cash or certified funds in full on the Date of Closing. 4. DEEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title of record, subject to: A. Covenants, conditions, restrictions, declarations and easements of record, if any; B. Reservations of minerals or mineral rights by the State of Minnesota, if any; C. Building and zoning laws, ordinances, state and federal regulations; D. The plat of Hampton Hills 3rd Addition, Hennepin County, State of Minnesota, according to the recorded plat thereof; and E. Any other matters consented to by Buyer or not timely objected to by Buyer. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Prior Years' Delinauent Real Estate Taxes and Delinauent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Seller not later than the Date of Closing. B. Real Estate Taxes Pa able in the Year of Closing. Seller and Purchaser shall prorate all general real estate taxes due and payable on or pertaining to the Subject Property in the year in which the Date of Closing occurs on a per diem basis. If the Subject Property is a portion of one tax parcel, the prorated taxes payable herein shall be determined on aproportionate square footage basis. Seller shall pay on or before the Date of Closing all levied and pending special assessments associated with the Subject Property as of the date of this Agreement. Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable in the year of Closing. The parties understand that the legal description in this Purchase Agreement is a new description requiring a Page 4 subdivision or plat of the property owned by Seller. This subdivision will require that the full year's taxes be paid before the plat and deed can be recorded. C. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable on the Subject Property in the year of Closing shall be paid by Seller at Closing. D. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all other special assessments levied against the Subject Property as of the date of this Purchase Agreement. 6. SELLER'S BOUNDARY ]LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings on adjoining real property, if any, are entirely outside of the boundary lines of the Subject Property. Seller warrants that there has been no labor or material furnished to the Subject Property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Subject Property. These warranties shall survive the delivery of the Warranty Deed. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Subject Property in order to make, at Buyer's expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Subject Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands,. assessments, costs, expenses and attorneys' fees. Buyer shall not perforin any invasive testing of the Subject Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any such surveys, measurements, soil tests or other tests within five (5) days after receipt. S. POSSESSION. Seller shall deliver possession of the Subject Property not later than the actual Date of Closing. 9. TITLE INSURANCE BY SELLER. Within fifteen (15) days of the date of this Agreement, Buyer shall be responsible for obtaining title evidence and reviewing title to the Subject Property. Buyer shall be allowed twenty (20) business days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 10. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make tide marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. 158482v5 2 Page 5 If any objection is so made, Seller shall have ten (10) business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within one hundred twenty (120) days from Seller's receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perforin this Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, the Buyer (at Buyer's option) shall have the right to: (a) terminate this Agreement; or (b) cause the exception(s) to be removed and credit Buyer's cost to remove the exception(s) against the Purchase Price. 11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing. 12. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 13. WELL DISCLOSURE. [Check one of the following: ] Seller certifies that Seller does not know of any wells on the Subject Property. XX Wells on the Subject Property are disclosed by Seller on the attached Well Disclosure form. 14. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. Check one of the following: J Seller certifies that Seller does not know of any individual on-site sewage treatment systems on the Subject Property. XX Individual on-site sewage treatment systems on the Subject Property are disclosed by Seller on the attached Disclosure form. 15. SELLER'S COVENANTS, REPRESENTATIONS ANIS WARRANTIES. A. Seller as part of the consideration therefore, represents, warrants, and covenants with Buyer and its successors and assigns that: 1) Seller warrants and represents to Buyer that, to Seller's knowledge, without investigation, no entity or person has, at any time: a) "released" or actively or passively consented to the "release" or threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property or adjacent tracts in violation of applicable laws; or b) taken any action in "response" to a "release" in connection with the Subject Property or adjacent tracts; or C) otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as 158482v5 3 Page 6 defined below) located in or on the Subject Property or adjacent tracts, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below) in violation of applicable law. The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et sec,., as amended ("CERCLA") and any state environmental laws. 2) Seller has the present full authority and power to execute this Agreement and, on or prior to the Date of Closing, Seller shall have the full authority and power to close the sale of the Subject Property. B. All of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to proceed with the Closing following such discovery, Buyer shall be deemed to have waived its rights to assert a claim against Seller arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. C. PROTECTED HISTORICAL SITES. [Select either (1) or (2) below:] Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the subject property that might be protected by law. XX _ Seller represents to the best of Seller's knowledge that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer's obligation to close is contingent upon Buyer determining to Buyer's satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. 16. SELLER'S AFFIDAVIT. At Closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 11 6-M, 117-M, or 118-M] Affidavit of Seller. 17. CLOSING. The closing (the "Closing") shall be at a location designated by Buyer, and shall occur following or simultaneous with the filing of the plat for Hampton Hills 3rd Addition Closing Date" or "Date of Closing"). Unless otherwise agreed by the parties in writing, in the event that any of the contingencies provided for in this Agreement are not satisfied prior to May 1, 2012 this Agreement shall be null and void and of no further force and effect. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 1584R2vs 4 Page 7 18. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Buyer the following collectively the "Closing Documents"): 1) Warranty Beed. A Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: "Seller certifies that the Seller does not know of any wells on the described Subject Property." 2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Subject Property; that there has been no skill, labor or material furnished to the Subject Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Subject Property. 3) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Seller is not a "foreign person" as defined in § 1445(f)(3) of such Code and such regulations. 4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. 5) Well Certificate. If there is a well located on the Subject Property, a well disclosure certificate in form and substance true to form for recording. 6) Certification. A certification that the representations and/or warranties made by Seller are materially the same as were in existence on the date of this Agreement or noting any changes thereto; and 7) Other Documents. All other documents reasonably determined by either party and the title insurance company to be necessary to transfer and provide title insurance for the Subject Property. B. At the Closing, Buyer shall execute and deliver to Seller the following: 1) All documents reasonably determined by either party or the title insurance company to be necessary to provide title insurance for the Subject Property; 2) Payment of the Purchase Price. 158482v5 5 Page 8 19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: 1) Recording fee and conservation fee attributable to the Warranty Deed; 2) One-half of the closing fee charged by the Title Company; 3) The premium for owner's title insurance, including survey coverage; B. Seller shall pay: 1) State deed tax; 2) Costs associated with subdivision and platting of the Subject Property and any other additional property; 3) All costs of obtaining a title insurance commitment; 4) Recording fees for all documents determined to be necessary to transfer marketable title to the Buyer; 5) One-half of the closing fee charged by the Title Company. 20. CONTINGENCIES AND ADDITIONAL TERMS. A. The Buyer's obligations under this Agreement are expressly contingent upon Buyer's satisfaction with each of the following prior to Closing: 1) Buyer determining on or before the Closing bate, that it is satisfied, in its sole discretion, with the results of matters disclosed by a survey, Phase I Environmental Audit or by any environmental/engineering investigation or testing of the Subject Property performed by Buyer or Buyer's agent. By executing this Agreement, Seller hereby authorize Buyer to enter upon the Subject Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Seller harmless from any such costs and shall indemnify Seller for breach of this provision including reasonable attorneys' fees. Seller shall be responsible for all costs associated with the plat and/or survey of the Subject Property. 2) Seller recording a plat of the Subject Property prior to or simultaneously with the closing of this Agreement. 3) Seller providing to Buyer within 10 days of the execution of this Agreement, true and correct copies of all existing environmental assessment reports, soil reports and results of all soil tests and 158482v5 6 Page 9 environmental audits, surveys, permits, licenses, leases, and complete copies of all contracts currently affecting the Property readily available or in the possession of Seller, and notices received within the last 90 days from the city, state or other governmental authorities pertaining to uncured violations of any law, ordinance or regulation. The contingencies set forth in this section are for the sole and exclusive benefit of Purchaser, and Purchaser shall have the right to waive the contingencies by giving notice to Seller. 21. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement. 22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 23. MULTIPLE ORIGINALS. Seller and Buyer have signed [number] originals of this Purchase Agreement. 4WO I agree to buy the Subject Property for the price and terms and conditions set forth above. BUYER: CITY OF PLYMOUTH M And: Kelli Slavik, Mayor Todd Gerhardt, City Manager SELLER: HAMPTON HILLS Its 158482v5 7 Page 10 EXHIBIT "A" Outlot E, Hampton Hills 3rd Addition, County of Hennepin, State of Minnesota, according to the recorded plat thereof. 158482v5 $ Page 11 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION APPROVING PURCHASE AGREEMENT BETWEEN HAMPTON HILLS INVESTMENT, LLC AND THE CITY OF PLYMOUTH FOR PROPERTY ON POMERLEAU LAKE WHEREAS, the City of Plymouth ("City") is proposing to acquire property legally described in the attached Exhibit "A," ("Subject Property") under the terms of the proposed purchase agreement between the City and Hampton Hills Investment, LLC ("Developer") attached hereto and incorporated herein as Exhibit "B," ("Purchase Agreement"), and; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisition of real property for compliance with the comprehensive plan and to report to the City Council in writing its findings, and; WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the real property has no relationship to the comprehensive municipal plan; and WHEREAS, the Director of Parks and Recreation has negotiated a purchase price of 200,000 for said property, and WHEREAS, the City Council has reviewed said purchase agreement, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the purchase agreement between the City of Plymouth and Hampton Hills Investment, LLC is hereby approved, and further, that funding will be taken from park dedication funds, and further, that the park dedication funds will be reimbursed from future bond referendum proceeds, and further, that the Mayor and City Manager are authorized to sign the purchase agreement. Approved this 13th day of March 2012. Page 12 c;ty or Plymouth Agenda 6 . O 8Number: v Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Jeff Swiatkiewicz, Police Captain March 13, 2012 Reviewed by: Michael Goldstein, Police Chief Item: Approve Donation Of One Kustom Pro Laser 3 from the Office of Traffic Safety 1. ACTION REQUESTED: Adopt the attached resolution accepting the donation of one Kustom Pro Laser 3 valued at approximately $3000. The donation is being made by the Office of Traffic Safety. 2. BACKGROUND: The Police Department was awarded the Kustom Pro Laser 3 for their high level of performance during the October 2011 seatbelt wave of the Safe and Sober Grant. The office of Traffic Safety frequently rewards departments for high levels of production while working their grants. 3. BUDGET IMPACT: If accepted, there would be no impact upon the City's budget. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO ACCEPT A DONATION OF A KUSTOM PRO LASER 3 FROM THE OFFICE OF TRAFFIC SAFETY WHEREAS, the Police Department participates in Safe and Sober Campaign; and WHEREAS, due to high levels of performance when working the Safe and Sober Campaign, the Police Department has been awarded a Kustom Pro Laser 3 from the Office of Traffic Safety. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation be accepted with thanks. Approved this 13a' day of March 2012. Page 2 rp)City of Agenda 6 . O 9PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Richard C. Kline, Fire Chief COUNCIL MEETING Reviewed by: March 13, 2012 Approval of Joint Powers Agreement between the Item: Plymouth Fire Department and the St. Paul Fire Department for Training Facility Usage located at 1683 Energy Park Drive, St. Paul, MN 1. ACTION REQUESTED: City Council authorization for the Mayor and City Manager to enter into a joint powers agreement between the Plymouth Fire Department and the St. Paul Fire Department for use of the training facility located at 1683 Energy Park Drive, St. Paul, MN. 2. BACKGROUND: All Plymouth Firefighters are state certified to the Firefighter II level. Certification requires successful completion of live fire training. The St. Paul Fire Department Training Facility has a burn simulation building that meets this need. This facility and St. Paul Fire personnel are available to be used by outside agencies. 3. BUDGET IMPACT: The current firefighter training budget will cover the cost to rent this facility and to hire staff to run the simulation. No additional funding is required. 4. ATTACHMENTS: Joint Powers Agreement Page 1 JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT is between Plymouth Fire Department of Minnesota hereinafter referred to as "Plymouth") and the City of Saint Paul, Minnesota (hereinafter referred to as "Saint Paul"), both political subdivisions within the State of Minnesota, which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, subd. 10. WHEREAS, Saint Paul Fire and Plymouth Fire wish to detail the terms of use of Saint Paul Fire's training facility at 1683 Energy Park Drive, Saint Paul, Minnesota by Plymouth. WHEREAS, the parties have hereinafter set forth the terms of said use by Plymouth. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: By prior arrangement with Saint Paul Fire Chief, Plymouth may use the Saint Paul Fire training facilities located at 1683 Energy Park Drive, Saint Paul, Minnesota for firefighter training purposes. 2. Saint Paul Fire will make such training structures and devices at the facilities available to Plymouth Fire during evening and weekend hours, on the dates requested by Plymouth Fire, subject to Saint Paul Fire's own prior commitments. 3. Plymouth will pay City: a. The amount of one hundred fifty dollars ($150) per one (1) hour of use or fraction thereof for use of the Burn Simulation Building (includes the use of one classroom. Requestor shall supply their own Class A materials for training fires. b. The amount of fifty dollars ($50) per one (1) hour session or fraction thereof, for standby service of a Saint Paul Fire safety officer or instructor, if required. C. The amount of fifty dollars ($50) per one (1) hour session or fraction thereof, for the use of any classroom as a stand alone rental. d. The amount of fifty dollars ($50) per one (1) hour session or fraction thereof, for the use of the Drill Tower. No training fires shall be allowed in the Drill Tower. e. The amount of one hundred twenty five dollars ($125) per one (1) vehicle supplied by the City for vehicle burns and/or auto extrication. f. The amount of one hundred fifty dollars ($150) per one (1) hour of use or fraction thereof for use of the Fire Behavior Simulator Prop Requestor shall supply their own plywood and qualified instructors for use of the Flashover prop. Page 2 Sessions will be determined by mutual agreement between the parties and approved by Saint Paul Fire as to the precise dates and times. If a training session is canceled less than ten (10) days prior to the session's scheduled time, a cancellation fee of one hundred fifty dollars ($150) will be paid to City. 4. Facilities designated for Plymouth use shall be the Drill Tower, the Burn Simulation Building, the Haz/Mat Training Pads, the Pump Test Pits, Training Props, and a Classroom. 5. Plymouth agrees to defend, indemnify and hold harmless the City of Saint Paul and Saint Paul Fire from any claims made against them resulting from the use of the training facilities as described in this agreement, except for any claims resulting from negligence on the part of Saint Paul Fire. Plymouth will pay Saint Paul Fire's reasonable attorney's fees, costs, and disbursements incurred as a result of any claims brought from said use, except for any claims resulting from negligence on the part of Saint Paul Fire. 6. This agreement will continue in full force and effect until such time as it is canceled by either party by giving sixty (60) days written notice to the other party of cancellation. 7. Plymouth will be responsible for any and all required cleanup required as a result of this usage. Plymouth will clean the training facilities to the satisfaction of Saint Paul Fire including the removal of all debris. That this agreement shall be in force for one (1) year from the date noted below. IN WITNESS WHEREOF we have hereunto set our hands and seals this day of 32012. City of Saint Paul Plymouth Fire Department Timothy Butler, Saint Paul Fire Chief Signature City Attorney Director of Financial Services Title Signature Title Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2012 - RESOLUTION AUTHORIZING ACCEPTANCE OF A JOINT POWERS AGREEMENT BETWEEN THE ST. PAUL FIRE DEPARTMENT AND THE PLYMOUTH FIRE DEPARTMENT FOR THE USE OF THE FIRE TRAINING FACILITY IN ST. PAUL TO PROVIDE LIVE FIRE TRAINING TO NEW RECRUITS WHEREAS, The St. Paul and Plymouth Fire Departments wish to detail the terms of use of St. Paul Fire's training facility located at 1683 Energy Park Drive, St. Paul, MN by Plymouth Fire Department, WHEREAS, the parties have hereinafter set forth the terms of said use by Plymouth Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and hereby does authorize the Mayor and City Manager to accept the Joint Powers Agreement between the City of St. Paul and the City of Plymouth. Approved this 13th day of March 2012. Page 4 City at Agenda 6.10rp) Plymouth Number: Adding Quaky to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Jodi Bursheim, Finance Manager March 13, 2012 Item: Approve Post Issuance Debt Compliance Procedures and Policy 1. ACTION REQUESTED: Approve Post Issuance Debt Compliance Procedures and Policy. 2. BACKGROUND: The Internal Revenue Service (IRS) enforces compliance with the IRS code and treasury regulations governing certain bond obligations. Issuers and beneficiaries of these bond obligations are expected to adopt and implement post - issuance debt compliance policy and procedures to safeguard against any post -issuance violations. To ensure compliance, staff desires to implement the following procedures and policy upon Council approval. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Post -Issuance Debt Compliance Policy Post -Issuance Debt Compliance Procedures Page 1 City of Plymouth, Minnesota Post -Issuance Debt Compliance Policy The City Council (the "Counsel") of the City of Plymouth, Minnesota (the "City") has chosen, by policy, to take steps to help ensure that all obligations will be in compliance with all applicable federal regulations. This policy may be amended, as necessary, in the future. Background The Internal Revenue Service (IRS) is responsible for enforcing compliance with the Internal Revenue Code (the "Code") and regulations promulgated thereunder ("Treasury Regulations") governing certain obligations (for example: tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various "Tax Credit" Bonds). The IRS expects issuers and beneficiaries of these obligations to adopt and implement a post -issuance debt compliance policy and procedures to safeguard against post -issuance violations. Post -Issuance Debt Compliance Policy Objective The City desires to monitor these obligations to ensure compliance with the Code and Treasury Regulations. To help ensure compliance, the City has developed the following policy (the "Post -Issuance Debt Compliance Policy"). The Post -Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form of debt that is subject to compliance. Post -Issuance Debt Compliance Policy The Finance Manager of the City is designated as the City's agent who is responsible for post -issuance compliance of these obligations. The Finance Manager shall assemble all relevant documentation, records and activities required to ensure post -issuance debt compliance as further detailed in corresponding procedures (the "Post -Issuance Debt Compliance Procedures"). At a minimum, the Post - Issuance Debt Compliance Procedures for each qualifying obligation will address the following: 1. General post -issuance compliance; 2. Proper and timely use of obligation proceeds and obligation -financed property; 3. Arbitrage yield restriction and rebate; 4. Timely filings and other general requirements; 5. Additional undertakings or activities that support points 1 through 4 above; 6. Other requirements that become necessary in the future. The Finance Manager shall apply the Post -Issuance Debt Compliance Procedures to each qualifying obligation and maintain a record of the results. Further, the Finance Manager Page 2 will ensure that the Post -Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. The Finance Manager or any other individuals responsible for assisting the Finance Manager in maintaining records needed to ensure post -issuance debt compliance, are authorized to expend funds as needed to attend training or secure use of other educational resources for ensuring compliance such as consulting, publications, and compliance assistance. Most of the provisions of this Post -Issuance Debt Compliance Policy are not applicable to taxable governmental obligations unless there is a reasonable possibility that the City may refund their taxable governmental obligation, in whole or in part, with the proceeds of a tax-exempt governmental obligation. If this refunding possibility exists, then the Finance Manager shall treat the taxable governmental obligation as if such issue were an issue of tax-exempt governmental obligations and comply with the requirements of this Post - Issuance Debt Compliance Policy. The City may issue tax-exempt obligations as "qualified 501(c)(3) bonds" that are not governmental obligations or conduit bonds where the proceeds are loaned to a qualifying party. Prior to the issuance of qualified 501(c)(3) bonds, the Finance Manager shall take steps necessary to ensure that such obligations will remain in compliance with the requirements of this Post -Issuance Debt Compliance Policy. In a case where compliance activities are reasonably within the control of a qualifying party, the Finance Manager may determine that all or some portion of compliance responsibilities described in this Post - Issuance Debt Compliance Policy shall be assigned to the relevant qualifying party. In a case where the Finance Manager is concerned about the compliance ability of a qualifying party, the Finance Manager may require that a Trustee be retained for the obligation and that the Trustee be responsible for all or some portion of the compliance responsibilities. The Finance Manager is additionally authorized to seek the advice, as necessary, of bond counsel and/or its financial advisor to ensure the City is in compliance with this Post - Issuance Debt Compliance Policy. Adopted this date, March 13, 2012 by the City Council of the City of Plymouth, Minnesota Page 3 City of Plymouth, Minnesota Post -Issuance Debt Compliance Procedures The City Council (the "Counsel") of the City of Plymouth, Minnesota (the "City") has adopted the attached Post -Issuance Debt Compliance Policy dated March 13, 2012. The Post -Issuance Debt Compliance Policy applies to qualifying debt obligations issued by the City. As directed by the adoption of the Post -Issuance Debt Compliance Policy, the Finance Manager will perform the following Post -Issuance Debt Compliance Procedures for all of the City's outstanding debt. 1. General Post -Issuance Compliance a. Ensure written procedures and/or guidelines have been put in place for individuals to follow when more than one person is responsible for ensuring compliance with Post -Issuance Debt Compliance Procedures. b. Ensure training and/or educational resources for post -issuance compliance have been approved and obtained. c. The Finance Manager of the City understands that that there are options for voluntarily correcting failures to comply with post -issuance compliance requirements (such as remedial actions under Section 1.141-12 of the Treasury Regulations and the ability to enter into a closing agreement under the Tax -Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31). 2. General Recordkeeping a. Retain records and documents for the obligation for a period of at least seven years following the final payment or the date in which the obligation is redeemed unless otherwise directed by Bond Counsel. b. Retain both paper and electronic versions of records and documents for the obligation. c. General records and documentation to be assembled and retained i. Description of the purpose of the obligation (referred to as the project) and the state statute authorizing the project. ii. Record of tax-exempt status or revocation of tax-exempt status, if applicable. iii. Any correspondence between the City and the IRS. iv. Audited financial statements. v. Bond transcripts, official statements and other offering documents of the obligation. vi. Minutes and resolutions authorizing the issuance of the obligation. vii. Certifications of the issue price of the obligation. viii. Any formal elections for the obligation (i.e. election to employ an accounting methodology other than the specific tracing method). Page 4 ix. Appraisals, demand surveys, or feasibility studies for property financed by the obligation. x. Documents related to governmental grants, associated with construction, renovation or purchase of property financed with the obligation. xi. Reports of any prior IRS examinations of the City or the City's obligation. 3. Arbitrage Yield Restriction and Rebate Recordkeeping a. Investment and arbitrage documentation to be assembled and retained i. An accounting of all deposits, expenditures, interest income and asset balances associated with each fund established in connection with the obligation. This includes an accounting of all monies deposited to the Debt Service Account to make debt service payments on the obligation, regardless of the source derived. Accounting for expenditures and assets is described in further detail in Section 4. ii. Statements prepared by Trustee or Investment Provider. iii. Documentation of at least quarterly allocations of investments and investment earnings to each obligation (i.e. uncommingling analysis). iv. Documentation for investments made with obligation proceeds such as: 1. Investment contracts (i.e. guaranteed investment contracts). 2. Credit enhancement transactions (i.e. bond insurance contracts). 3. Financial derivatives (swaps, caps, etc). 4. Bidding of financial products. Investments acquired with obligation proceeds are purchased at fair market value (i.e. three bids for open market securities needed in advance refunding escrows). b. Computations of the arbitrage yield. c. Computations of yield restriction and rebate amounts including but not limited to: i. Compliance in meeting the "Temporary Period from Yield Restriction Exception" and limiting the investment of funds after the temporary period expires. ii. Compliance in meeting the "Rebate Exception". 1. Qualifying for the "Small Issuer Exception" 2. Qualifying for a "Spending Exception" 6 Month Spending Exception 18 Month Spending Exception 24 Month Spending Exception 3. Qualifying for the "Bona Fide Debt Service Fund Exception" 4. Quantifying arbitrage on all funds established in connection with the obligation in lieu of satisfying arbitrage exceptions (including Reserve Funds and Debt Service Funds) Page 5 d. Computations of yield restriction and rebate payments. e. Timely Tax Form 8038-T filing, if applicable. i. Remit any arbitrage liability associated with the obligation to the IRS at each five year anniversary date of the obligation, and the date in which the obligation is no longer outstanding (redemption or maturity date), whichever comes sooner, within 60 days of said date. f. Timely Tax Form 8038-R filing, if applicable. g. Procedures or guidelines for monitoring instances where compliance with applicable yield restriction requirements depends on subsequent reinvestment of obligation proceeds in lower yielding investments (for example: reinvestment in zero coupon SLGS). 4. Expenditure and Asset Documentation to be Assembled and Retained a. Documentation of allocations of obligation proceeds to expenditures (i.e. allocation of proceeds to expenditures for the construction, renovation or purchase of facilities owned and used in the performance of exempt purposes). i. Such allocation will be done not later than the earlier of: eighteen (18) months after the later of the date the expenditure is paid, or the date the project, if any, that is financed by the tax-exempt bond issue is placed in service; or the date sixty (60) days after the earlier of the fifth anniversary of the issue date of the tax-exempt bond issue, or the date sixty (60) days after the retirement of the tax-exempt bond issue. b. Documentation of allocations of obligation proceeds to issuance costs. c. Copies of requisitions, draw schedules, draw requests, invoices, bills and cancelled checks related to obligation proceed expenditures during the construction period. d. Copies of all contracts entered into for the construction, renovation or purchase of facilities financed with obligation proceeds. e. Records of expenditure reimbursements incurred prior to issuing bonds for facilities financed with obligation proceeds (Declaration of Official Intent/Reimbursement Resolutions including all modifications). f. List of all facilities and equipment financed with obligation proceeds. g. Depreciation schedules for depreciable property financed with obligation proceeds. h. Documentation that tracks the purchase and sale of assets financed with obligation proceeds. i. Documentation of timely payment of principal and interest payments on the obligation. j. Tracking of all issue proceeds and the transfer of proceeds into the debt service fund as appropriate. Page 6 k. Documentation that excess earnings from a Reserve Fund is transferred to the Debt Service Fund on an annual basis. Excess earnings are balances in a Reserve Fund that exceed the Reserve Fund requirement. 5. Miscellaneous Documentation to be Assembled and Retained a. Ensure that the project, while the obligation is outstanding, will avoid IRS private activity concerns. i. The Finance Manager shall monitor the use of all obligation -financed facilities in order to: determine whether private business uses of obligation -financed facilities have exceeded the de minimus limits set forth in Section 141(b) of the Code as a result of sale of the facilities (including sale of capacity rights, leases and subleases of facilities (including easements or use arrangements for areas outside the four walls, e.g., hosting of cell phone towers), leasehold improvement contracts, licenses, management contracts (in which the City authorizes a third party to operate a facility, e.g. cafeteria), research contracts, preference arrangements (in which the City permits a third party preference, such as parking in a public parking lot), joint ventures, limited liability companies or partnership arrangements, output contracts or other contracts for use of utility facilities (including contracts with large utility users), development agreements which provide for guaranteed payments or property values from a developer, grants or loans made to private entities (including special assessment agreements), naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons; and determine whether private security or payments that exceed the de minimus limits set forth in Section 141(b) of the Code have been provided by nongovernmental persons with respect to such obligation - financed facilities. ii. The Finance Manager shall provide training and educational resources to any City staff that have the primary responsibility for the operation, maintenance, or inspection of obligation -financed facilities with regard to the limitations on the private business use of obligation -financed facilities and as to the limitations on the private security or payments with respect to obligation -financed facilities. b. The Finance Manager shall undertake the following with respect to the obligations: i. an annual review of the books and records maintained by the City with respect to such obligations; and Page 7 ii. an annual physical inspection of the facilities financed with the proceeds of such obligations, conducted by the Finance Manager with the assistance of any City staff who have the primary responsibility for the operation, maintenance, or inspection of such obligation -financed facilities. c. Changes in the project that impact the terms or commitments of the obligation are properly documented and necessary certificates or opinions are on file. 6. Additional Undertakings and Activities that Support Sections 1 through 5 above: a. The Finance Manager will notify the City's bond counsel, financial advisor and arbitrage provider of any survey or inquiry by the IRS immediately upon receipt (Usually responses to IRS inquiries are due within 21 days of receipt. Such IRS responses require the review of the above mentioned data and must be in writing. As much time as possible is helpful in preparing the response). b. The Finance Manager will consult with the City's bond counsel, financial advisor and arbitrage provider before engaging in post -issuance credit enhancement transactions (i.e. bond insurance, letter of credit, or hedging transactions (i.e. interest rate swap, cap). C. The Finance Manager will monitor all "qualified tax-exempt debt obligations" within the first calendar year to determine if the limit is exceeded, and if exceeded, will address accordingly. For tax-exempt debt obligations issued during years 2009 and 2010, the limit is $30,000,000 The limit was $10,000,000 prior to 2009. In 2011 and thereafter it will remain at $10,000,000 unless changed by Congress). During this period, the limit also applies to pooled financings of the governing body and provides a separate $30,000,000 for each 501 (c)(3) conduit borrower. d. Comply with Continuing Disclosure Requirements. i. If applicable, the timely filing of annual information agreed to in the Continuing Disclosure Certificate. ii. Give notice of any Material Event. e. Identify any post -issuance change to terms of bonds which could be treated as a current refunding of "old" bonds by "new" bonds, often referred to as a reissuance". f. Confirm whether any "remedial action" in connection with a "change of use" must be treated as a "reissuance". g. The Finance Manager will ensure that the appropriate tax form for federal subsidy payments is prepared and filed in a timely fashion for applicable obligations (i.e. Build America Bonds). Page 8 7. Compliance with Future Requirements a. Take measures to comply with any future requirements issued beyond the date of these Post -Issuance Debt Compliance Procedures which are essential to ensuring compliance with the applicable state and federal regulations. Page 9 DR) City of Agenda 6.11PlymouthNumber: Adding Qooiity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Diane Evans, Director of Parks & Recreation March 13, 2012 Reviewed by: Item: Authorize the Preparation of Fieldhouse Turf Specifications and Solicit Bids for Replacement 1. ACTION REQUESTED: Adopt the Resolution authorizing the Director of Parks & Recreation to prepare turf specifications and solicit bids for replacement of the Fieldhouse turf. The award of bid would not occur without City Council Approval. 2. BACKGROUND: Back in 2000, the City installed the Astroplay turf surface at the Plymouth Creek Center Fieldhouse. The turf was purchased from Southwest Recreational Industries, Inc. in the amount of $444,000. In 2002, staff started to notice blemishes on the turf and worked with the vendor to replace the field for a cost of $90,000 and supply an eight—year warranty on the product. After ten years, 30,000+ hours of playing time, and over 2,000,000 users, the synthetic field is in need of replacement. The current Astroplay field is in poor condition as a result of the heavy usage for sports activities, walking, and special events. Specifically, the field is showing significant wear, split seams and does not meet the safety and quality standards the community deserves. The Fieldhouse turf replacement is a 2012 Capital Improvement Program (CIP) project that will provide for the replacement, removal and installation of new turf (330 ft. X 220 ft.) at the facility. In addition, staff would like to take the opportunity to update and improvement fieldhouse technology by installing a dome snow sensor and updating the control system. All of the Fieldhouse infrastructure improvements will help to improve the quality and playability of the facility, operational efficiencies and energy savings. The Fieldhouse turf replacement and technology updates will fall within the budget identified in the 2012 CIP. 3. BUDGET IMPACT: Funding for the Fieldhouse turf replacement was scheduled as a matching grant through the Hennepin Youth Sports Program. Since the grant was not received, staff is requesting to fund the 500,000 project through the Fieldhouse Fund ($250,000) and the Park Replacement Fund 250,000). 4. ATTACHMENTS: Fieldhouse Turf pictures Council Resolution Page 1 CURRENT TURF CONDITIONS (SEAM ISSUES) Page 2 4 1 b`... L,-§',,v3 is 'c °'' a ! y...,, aw•.:.- ' _ W -, ° i` - . ..@ t. , ''.-+ ' ° . CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO AUTHORIZE PREPARATION OF FIELDHOUSE TURF SPECIFICATIONS AND SOLICIT BIDS FOR REPLACEMENT WHEREAS, the Director of Parks and Recreation has proposed the preparation of Fieldhouse Turf specifications; and WHEREAS, staff will solicit bids for the Fieldhouse Turf Replacement and return to City Council with bids at a future Council meeting; and WHEREAS, the 2012-2016 Capital Improvement Program allocates funding for the Fieldhouse Turf Replacement; and WHEREAS, the City Council has reviewed all the material regarding this proposed park improvement; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Director of Parks & Recreation is authorized to prepare Fieldhouse turf specifications and solicit bids for replacement and return to City Council with bids at a future Council meeting; and further, that funding for the projects shall be taken from the Fieldhouse Fund and the Park Replacement Fund. Approved this 13th day of March 2012. Page 4 c;cy or Agenda 6.12PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Tammy Ward, Administrative Manager COUNCIL MEETING Reviewed by: Dan Plekkenpol, Deputy Chief March 13, 2012 Approve resolution authorizing the City of Plymouth to enter into a Joint Powers Agreement with the Minnesota Item: Bureau of Criminal Apprehension (MN BCA) to allow their records management vendor, Law Enforcement Technology Group, LLC (LETG) to install an e -Charging Adapter 1. ACTION REQUESTED: Adopt attached resolution authorizing the City to enter into an agreement with the MN BCA to allow LETG to install an e -Charging adapter that will provide e -Charging submission capability from LETG to the e -Charging system at the BCA. The installation and configuration by LETG will include installation, activation and configuration of the software on one records manager server (RMS host) and at each agency enrolled on the records management server. The BCA agrees to reimburse the City $1000 for RMS Server and installation at the Plymouth Police Department. The City in turn will reimburse LETG $1000 for the installation of this adapter. 2. BACKGROUND: The MN BCA is in need of the installation and configuration of software to enable data workflow between the City and the state courts from LETG utilizing the MN BCA's e -Charging components by configuring and activating the code within the e -Charging e -Complaints currently implemented on the LETG server. 3. BUDGET IMPACT: There is no budget impact to the City, as the MN BCA is reimbursing the City $1000 for RMS Server and installation of this adapter. It should be noted that the MN BCA requires that an agency be part of e -Charging before they will be eligible for future grants (i.e. Safe and Sober, Operation Nightcap). 4. ATTACHMENTS: Joint Powers Agreement between the City and the State BCA Agreement with the City and LETG Resolution Page 1 SWIFT Contract No. 42367 STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension ("State") and City of Plymouth, Plymouth Police Department ("Governmental Unit"). Recitals 1. Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. 2. Under Minn. Stat. § 299C.65, the Commissioner of Public Safety, together with the Criminal Justice Policy Group MNJIS' governing body) is responsible for the successful completion of statewide criminal justice information system integration Network(CriMNet). 3. While various other Criminal Justice agencies at state and local government levels are working to prepare their individual inforniation systems for the integration process, it is the MNJIS Office that is building the infrastructure required to integrate those systems. 4. The State is in need of the installation and configuration of software to enable data workflow between the Government Unit and the state courts from the Government Unit's document management system using the BCA's eCharging application. This installation will enable the eCharging Incident/eReferTal and eCitation components by configuring and activating the code within the eCbarging eComplaints currently implemented on the Government Unit's records management server. The installation and configuration by Law Enforcement Technology Group, LLC (LETG) will include installation, activation, and configuration of the software on one records management server (RMS host) and at each agency enrolled on the records management server. Agreement Term of Agreement 1.1 Effective date: March 12, 2012 or the date the State obtains all required signatures under Mimiesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2012, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties For this project, the Governmental Unit will work with their Record Management System (RMS) vendor to install their eCharging adapter that will provide eCharging submission capability from the Governmental Unit's RMS to the eCharging system at the BCA. The effort involved includes installation and testing of the adapter to successful citation submissions from the Governmental Unit's RMS are received and are able to be processed by the eCharging system. The Govermnental Unit will be paid a fixed cost for the installation of the adapter at their location as well as at any other agencies/Iocations served by their RMS. The installation and configuration will include the following functionality: a) Modifications to Plymouth's LETG software necessary for it to use LETG's eCharging adapter. b) The successful submission of citations from Plymouth's LETG installation, using the above components, to eCharging's production environment. c) Project management necessary to complete the above work, This agreement does not include the costs associated with annual maintenance charged to the Governmental Units by the vendor for support for the records management system. Annual support for the additional functionality is the responsibility of the Governmental Unit. All tasks, services and deliverables for this effort must be provided by the Governmental Unit's vendor(s) in accordance with the "State of Minnesota Enterprise Architecture" available on website http://mn. oet/policies-and- standards/enterprise-architecttue/index.jsp ; in accordance with the "Minnesota Office of Technology's Minnesota Technology Accessibility Standards" guidelines available on website http://inn.gov/oet/policies-and- standards/accessibility/ ; and in accordance with the Department of Public Safety's Security Architecture labeled Joint Powers Agreement (Rev. 07/11) 1 Page 2 SWIFT Contract No. 42367 Exhibits A which are attached and incorporated into this contract. 2.1 For this effort, as specified above, the Goveinmental Unit will contract with their RMS vendor to: A. Implement an adapter to MN BCA eCharging specifications to facilitate the submission of citations between the Governmental Unit's RMS utilized at the following location(s): Plymouth Police Department (Server and Installation) B. Test and verify the adapter accommodates successful submissions of citations from the Governmental Unit's RMS to the eCharging system. C. Implement and support the adapter during the initial deployment of the eCharging system at the Governmental Unit's location. 2.2 The State will NOT provide: A. Resources to test RMS or Case Management System (CMS) applications. The Governmental Units' vendor is responsible for these testing activities. B. Training on the RMS or CMS user adapter or modifications — the Governmental Units' vendor is responsible for these training activities. 3 Payment The State will pay for all services performed by the Governmental Unit under this agreement as follows: The State agrees to reimburse the Governmental Unit $1,000.00 for RMS Server and installation at Plymouth Police Department. The total obligation of the State under this agreement will not exceed $1,000.00. The Governmental Unit will submit itemized invoices to the State's Authorized Representative of this agreement when all work is completed, accepted by the State and within 30 days of the period covered by the invoice for work satisfactorily performed and completed on this project. Final invoice must be submitted by July 30, 2012. 4 Authorized Representatives The State's Authorized Representative is Oded Galili MNJIS Deputy Diector, 1430 Mai land Avenue East St. Paul MN 55106, 651-793-2710, or his/her successor. The Governmental Unit's Authorized Representative is Tamnny Ward, Plymouth Administrative Manager, 3400 Plymouth Boulevard, Plymouth, MN 55447, 763-509-5163. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendnlents Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Joint Powers Agreement (Rev. 0711 r) Page SWIFT Contract No. 42367 6 Indemnification In the performance of this contract by the Governmental Unit, or Governmental Unit's agents or employees, the Governmental Unit must indemnify, save, and hold harmless the State, its agents, and employees, frons any claims or causes of action, including attorney's fees incurred by the state, to the extent caused by Governmental Unit's: 1) Intentional, willfiil, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the clairn or cause of action is the result of the State's sole negligence. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligation under this contract. 7 State Audits Under Minnesota Statute § 16C.05, subdivision 5, the Goverunental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years fi•orn the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any tune, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terninated because of the decision of the Mimiesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 11 E -Verify Certification (In accordance with Minn. Stat. §16C.075) For services valued in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E-- VerifyVerify program for all newly hired employees in the United States who will perforin work on behalf of the State. Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E -Verify Subcontractor Certification Form available at littp://www.mmd.admin.state.rmi.us/doc/Eyei-ifySubCcrtForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request. Joint Powers Agreement (Rev. 07111) 3Page4 1. STATE ENCU BRANCE VERIFICATION Individual cep ifr s ihatfnrds lidye been encumbered as required by a esolaStahrI §§'1)6A.1 and 16C.05. Signed: Date: i Lf SWIFT Purchase Order No. 3000009163 2. GOVERNMENTAL UNIT By: Title: Date: 3y: Title: Date: Joint Powers Agreement (Rev. 07111) SWIFT Contract No. 42367 3. STATE AGENCY By: with delegated authority) Title: Date: 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: Distribution: Agency Govenunental Unit State's Authorized Representative - Photo Copy Page t SWIFT Contract No.24367 Exhibit A Department of Public Safety's Security Architecture Minnesota Department of Public Safety divisions and their vendors should be aware of the department's security architecture when designing and/or implementing applications or installing network devices on departmental resources. Web Based Applications and/or Servers Web Based Applications should be based upon Microsoft Internet Information Sewer unless there is compelling business needs to use some other Web Server environment. Web Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. Web Servers must not host Applications. Applications must reside on a separate Application Server on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or- their vendors must provide all source and destination addresses, port numbers, and protocols required for network commmunications. in addition, they must provide a written business need for the network communications. Database Applications and/or Servers Database Applications should be based upon Microsoft SQL Server unless there are business needs to use some other Database Server environment. Database Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Email Based Applications and/or Servers DPS divisions and/or their vendors are encouraged to use the department's email system where appropriate. Email Based Applications should be based upon Microsoft Exchange Server unless there is compelling business needs to use some other Web Server environment, Email Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network commnunications. In addition, they must provide a written business need for the network communications. Applications and/or Application Servers DPS divisions and/or their vendors will need to discuss with the departmental Security Manager as to the appropriate placement of applications and application servers. Joint Powers Agreement (Rev. 07111) Page t SWIFT Contract No. 42367 Data Privacy Since some departmental data is classified as "Not Public" data, this type of data must be protected during transport across public networks and possibly in storage. The department has implemented Virtual Private Network (VPN) technology to aid in the transport of private data. Contact the departmental Security Manager for discussions on the use of this technology. Vendor Remote Access Remote vendor access for technical support will occur when there is a valid business need, through a secured and monitored VPN. If persistent access is required, the VPN will use two -factor authentication. If one time access is required, VPN access may be granted using a strong password. This remote VPN access shall be limited by the firewall and/or VPN server to the specific protocols, ports, and servers needed. Vendor staff may be required to undergo a background criminal history check in accordance with DPS Policy #5100 Infonnation Resources Security and Acceptable Use. THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Joint Powers Agreement (Rev. 07111) Page AGREEMENT This Agreement is between the City of Plymouth, a Minnesota municipal corporation ("City"), and Law Enforcement Technology Group, LLC, a Minnesota limited liability company ("LETG"). Recitals 1. The City has entered into a Joint Powers Agreement with the State of Minnesota acting through the Commissioner of Public Safety, Bureau of Criminal Apprehension ("State") for the installation and configuration of an e -Charging adapter. 2. The City needs the installation and configuration of software to enable data workflow between the City and the state courts from the City's document management system using the BCA's e -Charging application. This installation will enable the e -Charging Incident/e-Referral and e -Citation components by configuring and activating the code within the e -Charging e - Complaints currently implemented on the Government Unit's records management server. The installation and configuration by Law Enforcement Technology Group, LLC (LETG) will include installation, activation, and configuration of the software on one records management server (RMS host) and at each agency enrolled on the records management server. Agreement 3. Agreement between the Parties. LETG agrees to install an e -Charging adapter for the City that will provide e -Charging submission capability from the City's RMS to the e -Charging system at the BCA. The installation and configuration shall include the following functionality: a) Modifications to Plymouth's LETG software necessary for it to use LETG's e -Charging adapter. b) The successful submission of citations from Plymouth's LETG installation, using the above components, to e-Charging's production environment. c) Project management necessary to complete the above work. All tasks, services and deliverables for this effort must be provided by LETG in accordance with the "State of Minnesota Enterprise Architecture" available on website http://mn.gov/oet/policies-and-standards/enterprise-architecture/index.i sp; in accordance with the "Minnesota Office of Technology's Minnesota Technology Accessibility Standards" guidelines available on website hM2://mn. ovg /oet/policies-and-standards/accessibility/; and in accordance with the Department of Public Safety's Security Architecture labeled Exhibit A which is attached and incorporated into this Agreement. 3.1 LETG shall: A. Implement an adapter to MN BCA e -Charging specifications to facilitate the submission of citations between the City's RMS utilized at the following location(s): Plymouth Police Department (Server and Installation) B. Test and verify the adapter accommodates successful submissions of citations from the City's RMS to the e - Charging system. C. Implement and support the adapter during the initial deployment of the e -Charging systein at the City's location. 4. Payment. LETG will be paid $1,000.00, inclusive of any taxes, for the work and material provided under this Agreement including installation and configuration of the adapter. LETG will submit itemized invoices to the City after all work is completed and accepted by the City. The City will normally pay the invoice within 35 days of receipt. The work must be completed before June 30, 2012. Agreement with LETG for adapter installation Page 6 5. Assignment, Amendments, Waiver, and Contract Complete. 5.1 Assignment. LETG may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the City and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the City fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between LETG and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6. Indemnification. In the performance of this Agreement by LETG, or LETG's agents or employees, LETG must indemnify, save, and hold harmless the City, its agents, and employees, from any claims or causes of action, including attorney's fees incurred by the state, to the extent caused by City's: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the City's sole negligence. This clause will not be construed to bar any legal remedies LETG may have for the City's failure to fulfill its obligation under this Agreement. 7. Government Data Practices. The City and LETG must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the City or the State. If LETG receives a request to release the data referred to in this clause, LETG must immediately notify the City. The City will give LETG instructions concerning the release of the data to the requesting party before the data is released. S. Venue. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state court with competent jurisdiction in Hennepin County, Minnesota. Agreement with LETG for adapter installation Page -% Dated: , 2012. Dated: STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN } 2012. CITY OF PLYMOUTH M Laurie Ahrens, City Manager LAW ENFORCEMENT TECHNOLOGY GROUP, LLC Its The foregoing instrument was acknowledged before me this day of , 2012, by Laurie Ahrens, the City Manager 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 MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by the of Law Enforcement Technology Group, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Agreement with LEM for adapter installation Page 1D Exhibit A Department of Public Safety's Security Architecture Minnesota Department of Public Safety divisions and their vendors should be aware of the department's security architecture when designing and/or implementing applications or installing network devices on departmental resources. Web Based Applications and/or Servers Web Based Applications should be based upon Microsoft Internet Information Server unless there is compelling business needs to use some other Web Server environment. Web Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. Web Servers must not host Applications. Applications must reside on a separate Application Server on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Database Applications and/or Servers Database Applications should be based upon Microsoft SQL Server unless there are business needs to use some other Database Server environment. Database Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Email Based Applications and/or Servers DPS divisions and/or their vendors are encouraged to use the department's email system where appropriate. Email Based Applications should be based upon Microsoft Exchange Server unless there is compelling business needs to use some other Web Server environment. Email Servers will be installed on a separate and isolated Ethernet network segment behind a departmental firewall. The departmental network is TCP/IP based. As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions and/or their vendors must provide all source and destination addresses, port numbers, and protocols required for network communications. In addition, they must provide a written business need for the network communications. Applications and/or Application Servers DPS divisions and/or their vendors will need to discuss with the departmental Security Manager as to the appropriate placement of applications and application servers. Agreement with LEM for adapter installation Page 141 Data Privacy Since some departmental data is classified as "Not Public" data, this type of data must be protected during transport across public networks and possibly in storage. The department has implemented Virtual Private Network (VPN) technology to aid in the transport of private data. Contact the departmental Security Manager for discussions on the use of this technology. Vendor Remote Access Remote vendor access for technical support will occur when there is a valid business need, through a secured and monitored VPN. If persistent access is required, the VPN will use two -factor authentication. If one time access is required, VPN access may be granted using a strong password. This remote VPN access shall be limited by the firewall and/or VPN server to the specific protocols, ports, and servers needed. Vendor staff may be required to undergo a background criminal history check in accordance with DPS Policy #5100 Information Resources Security and Acceptable Use. THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Agreement with LETG For adapter installation Page 12 CITY OF PLYMOUTH RESOLUTION N0. 2012 - RESOLUTION APPROVING THE JOINT POWERS AGREEMENT WITH THE MINNESOTA STATE BUREAU OF CRIMINAL APPREHENSION (MN BCA) AND THE CITY OF PLYMOUTH TO WORK AND APPROVE AN ADDITIONAL AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT TECHNOLOGY GROUP, LLC (LETG) FOR THE INSTALLATION AND REIMBURSEMENT OF THE REQUIRED E -CHARGING ADAPTER WHEREAS, the City of Plymouth desires to enter into Joint Powers Agreement with the MN BCA for the installation and $1000 reimbursement for an e -Charging adapter WHEREAS, the City of Plymouth also desires to enter into an agreement with their records management vendor, LETG, for the installation of the required e -Charging adapter WHEREAS, LETG will install and configure the e -Charging adapter and will be reimbursed by the City of Plymouth $1000 for the installation, activation and configuration of the software NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Joint Powers Agreement with the MN BCA and the agreement with the City of Plymouth and LETG be approved. Copies of the Joint Powers Agreement and the agreement with LETG are attached to this Resolution and made a part of it. That Kelli Slavik, the Mayor for the City of Plymouth and Laurie Ahrens, the City Manager for the City of Plymouth, are authorized to sign these agreements. Approved this 13th day of March 2012. Page 13 city of Agenda 8 . 0 1PlymouthNumber: v Adding Q..1h, ro Life REGULAR COUNCIL MEETING March 13, 2012 To: Laurie Ahrens, City Manager Prepared by: Jodi Bursheim, Finance Manager Reviewed by: Item: Consider Award of Bid for General Obligation Refunding Bonds, Series 2012A 1. ACTION REQUESTED: Adopt a resolution awarding the sale of $10,655,000 General Obligation Refunding Bonds. 2. BACKGROUND: On February 14, 2012, the City Council authorized Ehlers & Associates Inc. to move forward with the solicitation of bids and adopted a resolution calling for the sale of General Obligation Refunding Bonds. The bonds will be a cross-over refunding of two existing bonds (General Obligation Capital Improvement Bonds —Series 2004 and General Obligation Water Revenue Bonds —Series 200413) resulting in substantial interest savings estimated between $500,000 to $700,000. The bid opening will occur at 11:00 a.m. on March 13, 2012, and the bid award is scheduled to occur at the regular Council meeting that evening. Moody's Investors Service has rated the bonds, and reaffirmed our Aaa rating. In addition, the city has also received Standard & Poor's highest rating of AAA. The City of Plymouth is one of eight cities in Minnesota to hold the highest rating from both agencies. The actual bid data will need to be inserted into the attached resolution following the bid opening on March 13, 2012. Depending on the bids received at bid opening, slight modifications to the par amounts may be required as well. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Resolution Page 1 RESOLUTION NO. 2012 - CERTIFICATION OF MINUTES Municipality: The City of Plymouth, Minnesota Governing Body: City Council Meeting: A meeting of the City Council of the City of Plymouth was held on the 13th day of March, 2012, at 7:00 p.m. at Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota. Members present: Members absent: Documents: Resolution No. 12- - Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $10,655,000 General Obligation Refunding Bonds, Series 2012A Certification: I, Sandy Engdahl, City Clerk of the City of Plymouth, Minnesota, do hereby certify the following: Attached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Plymouth, Minnesota, which resolution was adopted by the Plymouth City Council, at the meeting referred to above. Said meeting was a regular meeting of the Plymouth City Council, was open to the public, and was held at the time at which meetings of the City Council are regularly held. Member moved the adoption of the attached resolution. The motion for adoption of the attached resolution was seconded by Member A vote being taken on the motion, the following voted in favor of the resolution: and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted by at least two-thirds of the members of the City Council. The attached resolution is in full force and effect and no action has been taken by the City Council of the City of Plymouth, Minnesota which would in any way alter or amend the attached resolution. Witness my hand officially as the City Clerk of the City of Plymouth, Minnesota this day of March, 2012. IIn Its City Clerk 2 Page 2 It was reported that proposals for the purchase of $10,655,000 General Obligation Refunding Bonds, Series 2012A were received prior to 11:00 o'clock a.m., Central Time, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., financial consultants to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached Page 3 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $10,655,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.1. Authorization. Pursuant to a resolution adopted by the City on February 14, 2012, the City has determined it to be in its best interests to issue and sell its $10,655,000 aggregate principal amount of General Obligation Refunding Bonds, Series 2012A (the "Bonds") for the purpose of (i) refunding in advance of maturity and prepaying on February 1, 2015 (the "Series 2004A Redemption Date") the 2016 through 2025 maturities, aggregating $4,575,000 in principal amount, of the City's General Obligation Capital Improvement Plan Bonds, Series 2004A, dated, as originally issued, as of September 1, 2004 (the "Refunded Series 2004A Bonds") and (ii) refunding in advance of maturity and prepaying on February 1, 2014 (the Series 2004B Redemption Date," together with the Series 2004A Redemption Date, the Redemption Dates") the 2015 through 2019 maturities, aggregating $4,975,000 in principal amount, of the City's General Obligation Water Revenue Bonds, Series 2004B, dated, as originally issued, as of December 1, 2004 (the "Refunded Series 2004B Bonds"; together with the Refunded Series 2004A Bonds, the "Refunded Bonds"). The portion of the Bonds allocable to the refunding of the Refunded Series 2004A Bonds shall be designated herein as the "Series 2004A Refunding Bonds," and the portion of the Bonds allocable to the refunding of the Refunded Series 2004B Bonds shall be designated herein as the "Series 2004B Refunding Bonds." Each Redemption Dates is the earliest date upon which the respective series of Refunded Bonds may be redeemed without payment of premium. 1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by Ehlers and Associates, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of the Purchaser"), to purchase the Bonds in the principal amount of $10,655,000 at a price of on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Clerk are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds. The good faith deposit of the Purchaser shall be retained by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. 1.04. Savings. It is hereby determined that: Page 4 i) by the issuance of the Bonds, the City will realize a substantial interest rate reduction, a gross savings of approximately $ and a present value savings (using the yield on the Bonds, computed in accordance with Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), as the discount factor) of approximately $ ; and ii) as of the respective Redemption Date, the sum of (i) the present value of the debt service on the Bonds, computed to their stated maturity dates, after deducting any premium, using the yield of the Bonds as the discount rate, plus (ii) any expenses of the refunding payable from a source other than the proceeds of the Bonds or investment earnings thereon, is lower by than the present value of the debt service on the Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield of the Bonds as the discount rate. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.1. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota and City Charter to be done prior to the issuance of the Bonds having been done, existing and having happened, it is necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 2.2. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be originally dated as of April 5, 2012, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: 2019 1,520,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds are allocated to the separate purposes thereof as follows: Series 2004A Principal Interest Series 2004A Series 2004B Principal Interest Year Amount Rate Year Amount Rate 2013 285,000 2020 475,000 2014 265,000 2021 490,000 2015 1,095,000 2022 500,000 2016 1,470,000 2023 515,000 2017 1,480,000 2024 525,000 2018 1,490,000 2025 545,000 2019 1,520,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds are allocated to the separate purposes thereof as follows: Series 2004A Series 2004B Series 2004A Series 2004B Refunding Refunding Refunding Refunding Year Bonds Bonds Year Bonds Bonds 2013 $135,000 150,000 2020 $475,000 -- 2014 115,000 150,000 2021 490,000 -- 2 Page 5 2015 85,000 1,010,000 2022 500,000 -- 2016 455,000 1,015,000 2023 515,000 -- 2017 455,000 1,025,000 2024 525,000 -- 2018 460,000 1,030,000 2025 545,000 -- 2019 470,000 1,050,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis of a 360 -day year composed of twelve 30 -day months. The interest on and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein, provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.8 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.3. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.7 and upon any subsequent transfer or exchange pursuant to Section 2.6, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August I in each year, commencing February 1, 2013, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 2.4. Redemption. Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] Bonds maturing on February 1, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.4 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20 Year Principal Amount 3 Page 6 The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 The remaining $ maturity on February 1, 20 Term Bonds Maturing February 1, 20 Year Principal Amount stated principal amount of such Bonds shall be paid at The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.6 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.5. Appointment of Initial Re _ i. sgtrar. The City hereby appoints the City Finance Director as the initial bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.6. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: a) RRe ister. The Registrar shall keep at its principal corporate trust office a bond register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. 4 Page 7 b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes, and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, 5 Page 8 stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.7. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.9, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.8. Securities DepositorX. (a) For purposes of this section the following terms shall have the following meanings: Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. DTC" shall mean The Depository Trust Company of New York, New York. 6 Page 9 Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. 7 Page 10 e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.9. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION REFUNDING BOND, SERIES 2012A No. R- $ Interest Rate Maturity Date of Original Issue CUSIP NO. February 1, 20_ April 5, 2012 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF PLYMOUTH, MINNESOTA (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 of each year, commencing February 1, 2013 (each such date, an "Interest Payment Date"), all subject to the redemption of this Bond prior to maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360 - day year composed of twelve 30 -day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on the City Finance Director, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar"), or other agreed-upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal 8 Page 11 and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $10,655,000 (the Bonds") issued pursuant to a resolution adopted by the City Council on March 13, 2012 (the Resolution") to refinance certain outstanding obligations of the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds having stated maturity dates in 2023 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar or, if applicable, by the bond depository in accordance with its customary procedures), in multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to 100% of the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published if and as required by law and, at least thirty (30) days prior to the date specified for redemption, will cause notice of the call thereof to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository) to the registered owner of any Bond to be redeemed at the owner's address as it appears on the register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. Bonds maturing on February 1, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: The remaining $ maturity on February 1, 20 Term Bonds Maturing February 1, 20 Year Principal Amount stated principal amount of such Bonds shall be paid at Term Bonds Maturing February 1, 20 Year Principal Amount 9 Page 12 The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that the City has established its General Obligation Refunding Bonds, Series 2012A Bond Fund and has covenanted and agreed to impose and collect charges for the use of the City's municipal water treatment system, all of which will be collectible for the years and in amounts sufficient, with ad valorem taxes heretofore or hereafter levied, to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such ad valorem taxes and net revenues of the City's municipal water treatment system to the Bond Fund for the payment of principal and interest; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does 10 Page 13 not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Plymouth, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. CITY OF PLYMOUTH, MINNESOTA facsimile signature City Manager) (facsimile signature Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Dated: CITY FINANCE DIRECTOR, as Bond Registrar LIM Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA ................... as Custodian for ..................... Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act .............. State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT 11 Page 14 For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution" meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: End of the Bond form] SECTION 3. USE OF PROCEEDS AND SECURITY 3.1. Bond Proceeds. Upon payment for the Bonds by the Purchaser, the City Manager shall apply the proceeds of the Bonds as follows: (a) the amount of $ shall be deposited in the Escrow Account established with U.S. Bank National Association, as escrow agent (the "Escrow Agent") under an Escrow Agreement described hereinafter, the funds so deposited, together with funds of the City in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, (i) to pay all interest to become due on the Refunded Series 2004A Bonds to and including the Series 2004A Redemption Date; (ii) to pay all interest to become due on the Refunded Series 2004B Bonds to and including the Series 2004B Redemption Date; (iii) to pay and redeem the outstanding principal of the Refunded 12 Page 15 Series 2004A Bonds on the Series 2004A Redemption Date; (iv) to pay and redeem the outstanding principal of the Refunded Series 2004B Bonds on the Series 2004B Redemption Date; (b) the amount of $ shall be used to pay issuance expenses of the Bonds; and (c) the amount of $ shall be deposited in the Bond Fund created pursuant to Section 4 hereof. The Mayor and City Manager are hereby authorized to enter into an Escrow Agreement, a form of which has been presented to this Council, with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. 3.2. General Obligation Refunding Bonds, Series 2012A Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Manager shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Refunding Bonds, Series 2012A Bond Fund (the "Bond Fund"), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund (a) the amounts specified in Section 3.1; (b) all net revenues of the City's municipal water treatment system (the "System") levied and collected in accordance with Section 3.5 hereof; (c) ad valorem taxes levied and collected in accordance with the provisions of Section 3.3 hereof, and (d) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (a) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the following February 1), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 3.3. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which will produce amounts not less than 5% in excess of the 13 Page 16 amounts needed to meet when due the principal and interest payments on the Refunding Series 2004A Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached Levy Computation 3.4. Sufficiency of System Revenues. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City, for the payment when due of the principal of and interest on the Refunding Series 2004B Bonds herein authorized, and on any other bonds to which such revenues are pledged. 3.5. Rate Covenant. Pursuant to Minnesota Statutes, Section 444.075, the City hereby agrees with the registered owners from time to time of the Bonds, that until the Series 2004B Refunding Bonds and the interest thereon are paid in full, or are discharged as provided in Section 4, the City will impose and collect reasonable charges for the service, use and availability of the System, according to schedules which will produce net revenues sufficient, together with ad valorem taxes heretofore or hereafter duly levied on all taxable property in the City which have been pledged and appropriated for this purpose, and any other funds appropriated by the City, to pay all principal and interest when due on the Refunding Series 2004B Bonds and any other bonds or other obligations of the City to which said net revenues have been or may be pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of and interest on the Refunding Series 2004B Bonds and shall be credited to the Bond Fund as required. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional bonds or other obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, with any other sources pledged to the payment of the Refunding Series 2004B Bonds, for payment of the Refunding Series 2004B Bonds, any other outstanding obligations and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on a parity with, the pledge and appropriation of net revenues herein made. SECTION 4. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an 14 Page 17 amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 5. CERTIFICATION OF PROCEEDINGS. 5.1. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Auditor's bond register.. 5.2. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 5.3. Official Statement. The Preliminary Official Statement relating to the Bonds, dated March _, 2012, prepared and distributed by Ehlers & Associates, Inc., is hereby approved. Ehlers & Associates, Inc. is hereby authorized on behalf of the City to prepare and deliver within seven business days from the date hereof a final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 5.4. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Klein Bank on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. 15 Page 18 SECTION 6. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 6.1. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents, any action which would cause the interest on the Bonds to become includable in gross income of the recipient under the Code and applicable Treasury Regulations the "Regulations"), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Bonds will not become includable in the gross income of the recipient under the Code and the Regulations. The City has not and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use or operation of the facilities refinanced by the Bonds, or any portion thereof, or security for the payment of the Bonds which would cause the Bonds to be considered "private activity bonds" or private loan bonds" pursuant to Section 141 of the Code. 6.2. Arbitrage Certification. The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and Section 1.148-2(b) of the Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.3. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.4. Not Qualified Tax -Exempt Obligations. _ The Bonds are not designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. 6.5. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the 16 Page 19 Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: 1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2011, the following financial information and operating data in respect of the City (the "Disclosure Information"): A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend and Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal 17 Page 20 Securities Rulemaking Board (the "MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. 2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events: A) Principal and interest payment delinquencies; B) Non-payment related defaults, if material; C) Unscheduled draws on debt service reserves reflecting financial difficulties; D) Unscheduled draws on credit enhancements reflecting financial difficulties; E) Substitution of credit or liquidity providers, or their failure to perform; F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; G) Modifications to rights of security holders, if material; H) Bond calls, if material, and tender offers; I) Defeasances; J) Release, substitution, or sale of property securing repayment of the securities, if material; K) Rating changes; L) Bankruptcy, insolvency, receivership or similar event of the City; M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach 18 Page 21 importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. 3) In a timely manner, notice of the occurrence of any of the following events or conditions: A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); C) the termination of the obligations of the City under this section pursuant to subsection (d); D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and E) any change in the fiscal year of the City. c) Manner of Disclosure. 1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection b). 2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. d) Term; Amendments; Interpretation. 19 Page 22 1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. 3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 7. REDEMPTION OF REFUNDED BONDS. The City Manager is hereby directed to advise the City Finance Director, as paying agent for the Refunded Series 2004A Bonds and the Refunded Series 2004B Bonds, to call such bonds for redemption and prepayment on the Series 2004A Redemption Date and the Series 2004B Redemption Date, respectively, and to give thirty days mailed Notice of Redemption, all in accordance with the provisions of the resolutions authorizing the issuance of such bonds. 20 Page 23 SCHEDULE I PROJECTED LEVIES Date Levy Page 24 CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 13, 2012, by the City Council of the City of Plymouth, Minnesota, setting forth the form and details of an issue of 10,655,000 General Obligation Refunding Bonds, Series 2012A, dated as of April 5, 2012 and levying taxes for the payment thereof. I further certify that the issue has been entered on my note register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand officially this day of 12012. County Auditor Page 25 Debt Issuance Services March 13, 2012 Sale Report City of Plymouth, Minnesota 9,770,000 General Obligation Refunding Bonds, Series 2012A rp) PlyCitmy outn Minnesota yNVti w.ehlers-inc,f,;om 0 E H L E RS Minnesota phone 651-697-8500 3060 Centre Pointe Ave LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois Fax 651-697-8555 Roseville, MN 55113-1122 W 1 Debt Issuance Services City of Plymouth, MN Results of Bond Sale -- March 13, 2012 9,770,000 General Obligation Refunding Bonds, Series 2012A Purpose: To (i): effect an advance partial net cash refunding of the 2016 through 2025 maturities of the City's $7,480,000 General Obligation Capital Improvement Plan Bonds, Series 2004A, dated September 1, 2004; and (ii): effecting an advance partial net cash refunding of the 2015 through 2019 maturities of the City's $13,140,000 General Obligation 'Water Revenue Bonds, Series 200413, dated December 1, 2004. Rating: Moody's Investors Service "Aaa" & Standard & Poor's "AAA" Number of Bids: 7 Low Bidder: Baird, Milwaukee, WI True Interest Cost: 1.7001%a after adjustments size Interest savings from Low Bid High Bid High Bid to Low Bid Lowest to Highest Bid: Difference 1.6778% 1.8738% 101,001 Summary of Results: Projected Results of Sale Difference Principal Amount *: 10,655,000 9,770,000 885,000 Reoffering Premium: 0 801,554 801,554 Discount Allowance: 79,913 59,597 20,316 True Interest Cost: 1.7097% 1.7001% 0.0096% Cast of Issuance: 85,000 65,225 19,775 Present Value Savings: 604,550 683,732 79,182 Savings Percentage: 5.3700% 6.0540% 0.6840% Closing Date: April 5, 2012 Council Action: Resolution Authorizing Issuance, Awarding Sale, Prescribing The Form And Details And Providing For The Payment Of $9,770,000 General Obligation Refunding Bonds, Series 2012A Attachments: • Bid Tabulation Updated Debt Service Schedules Rating reports Bond Resolution The size of the bond issue changed from the projected amount due to the premium bid and a decrease in the costs of issuance. EHLERS LEADFR51N PUBLIC FINANCE wwwehlers-lnc,Coni Minnesota phone 651-697-8500 3060 Centre Points rive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 BID TABULATION 10,655,000* Genera! Obligation Refunding Bands, Series 2012A CITY OF PLYMOUTH, MINNESOTA SALE: March 13, 2012 AWARD: BAIRD RATING: Moody's Investors Service, Inc. "Aaa" BBI: 3.84% Standard & Poor's Credit Markets "AAA" NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST February 1) YIELD COST RATE BAIRD Milwaukee, Wisconsin C.L. King & Associates Coastal Securities, Inc. Kildare Capital Fidelity Capital Markets Edward D. Jones & Co. SAMCO Capital Markets Loop Capital Markets Crews & Associates, Inc. Bank of New York Mellon Capital Markets William Blair & Company, L.L.C. Davenport & Co. L.L.C. Cronin & Co., Inc. Wedbush Securities Inc. Jackson Securities, LLC Incapital, LLC Dougherty & Company, LLC Northland Securities, Inc. NW Capital Markets Inc Sterne, Agee & Leach, Inc. Northern Trust Securities, Inc. Bernardi Securities, Inc. Ross, Sinclaire & Associates, LLC 2013 2.000% 0.250% 2014 2.000% 0.350% 2015 2.000% 0.520% 2016 3.000% 0.630% 2017 3.000% 0.840% 2018 3.000%0 1.160% 2019 3.000% 1.430% 2020 3.000% 1.690% 2021 3.000% 1.910% 2022 3.000% 2.000% 2023 3.000% 2.300% 2024 3.000% 2.450% 2025 3.000% 2.550% Subsequent to bid opening the issue size was decreased to $9,770,000. Adjusted Price - $10,511,956.65 Adjusted Net Interest Cost - $1,139,191.13 EHLERS LEADERS IN PUBLIC FINANCE 11,448,654.20 $1,188,043.58 1.6778%Q Adjusted TIC - 1.7001 % vwm,ehiers-ino.c om Minnesota phony 651-697.85DO 3060 Gentre Pointe ©rive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 55113-1122 3 10,655,000 General Obligation Refunding Bonds, Series 2012A Page 2 City of Plymouth, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST February 1) YIELD COST RATE UBS FINANCIAL SERVICES INC. 2013 1.000% 11,404,940.70 $1,224,584.86 1.7333% New York, New York 2014 1.000% 2015 2.000% 2016 3.000% 2017 3.000% 2018 3.000% 2019 3.000% 2020 3.000% 2021 3.000% 2022 3.000% 2023 3.000% 2024 3.000% 2025 3.000% PIPER JAFFRAY & CO. 2013 1.000% S10,882,170.00$1,200,815.84 1.7524% Minneapolis, Minnesota 2014 1.000% 2015 2.000% 2016 2.000% 2017 2.000% 2018 2.000% 2019 2.000% 2020 2.000% 2021 2.000% 2022 2.000% 2023 2250% 2024 2.500% 2025 2.625% JANNEY MONTGOMERY SCOTT LLC 2013 1.000% 11,594,623.40 $1,264,989.93 1.7550% Philadelphia , Pennsylvania 2014 1.000% 2015 1.000% 2016 2.000% 2017 3.000% 2018 3.000% 2019 3.000% 2020 4.000% 2021 4.000% 2022 4,000% 2023 4.000% 2024 4.000% 2025 4.000% MORGAN STANLEY & CO. LLC 2013 2.000% 11,236,837,25 $1,272,304.97 1.8142% New York, New York 2014 2.000% 2015 2.000010 2016 2.000% 2017 2.000% 2018 3,000% 2019 3.000% 2020 3.000% 2021 3.000% 2022 3.000% 2023 3.000% 2024 3.000% 2025 3.000% 0 10,655,000 General Obligation Refunding Bonds, Series 2012A Page 3 City of Plymouth, Minnesota NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST February 1) YIELD COST RATE BMO CAPITAL MARKETS GKST INC. 2013 2.000% 11,298,334.00 $1,299,647.39 1.8479% Chicago, Illinois 2014 2.000% 2015 2.000% 2016 2.000% 2017 3.000% 2018 3.000% 2019 3.000% 2020 3.000% 2021 3.000% 2022 3,000% 2023 3.000% 2024 3.000% 2025 3.250% HUTCHINSON, SHOCKEY, ERLEY & CO. 2013 1.000% 10,933,207.00$1,289,044.39 1.8738% Chicago, Illinois 2014 1.000% 2015 2.000% 2016 2.000% 2017 2.000%v 2018 2.000% 2019 2.500% 2020 2.500% 2021 2.500% 2022 2.500% 2023 2.500% 2024 2.500% 2025 2.750% City of Plymouth, Minnesota 9,770,000 General Obligation Refunding Bonds, Series 2012A Net Cash Refunding of GO CIP Bonds, Series 2004A Total issue Sources And Uses Dated 0410512012 I Delivered 04105/2012 Issue 2004A 2004E Summary Sources Of Funds Par Amount of Bonds $4,815,000.00 $4,955,000.00 $9,770,000.00 Reoffering Premium _ 374218.40 427,335.25 801,553.65 Total Sources Uses Of Funds 55,189,218.40 55,382,335.25 510,571,553.65 Deposit to Net Cash Escrow Fund 5,133,057.44 5,336,904.63 10,469,96_2.07 Costs of Issuance 32,145.18 33,079.82 65,225.00 Total Underwriter's Discount (0.610%) 29,371.50 30,225.50 59,597.00 Rounding Amount 5,355.72) 17,874.70) 23 230.42) Total Uses 55,189,218.40 55,382,335.25 510,571,553.65 Series 2012A GO Ref Bonds I Issue Summary 1 3/1312012 1 2:03 PM EHLERS LEADERS IN PUBLIC FINANCE City of Plymouth, Minnesota 9,770,000 General Obligation Refunding Bonds, Series 2012A Net Cash Refunding of GO CIP Bands, Series 2004A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 04/05/2012 02/01/2013 170.000.00 2.000% 230,797.78 400,797.78 400,797.78 08/01/2013 138,650.00 138,650.00 02/01/2014 120,000.00 2.000% 138,650.00 258,650.00 397,300.00 08/01/2014 137,450.00 137,450.00 0210U2015 950,000.00 2.000% 137,450.00 1,087,450.00 1,224,900.00 08101/2015 127,950.00 127,950.00 02/0112016 1,335,000.00 3.000% 127,950.00 1.462,950,00 1,590,900.00 08/01/2016 107,925.00 107,925.00 02/01/2017 1,375,000.00 3.000% 107,925.00 1,482,925.00 1,590,850.00 08/0112017 87,300.00 87,300.00 02/0112018 I,410,000M 3.000% 87,300.00 1,497,300.00 1,584,600.00 08/0I12019 66,150.00 66,150.00 0210I/2019 1,445,000.00 3.000% 66,150.00 1,511,150.00 1,577,300.00 06/01/2019 44,475.00 44,475.00 02/0I /2020 455,000.00 3.000% 44,475.00 499,475.00 543,950.00 08/01/2020 37,650.00 37,650.00 02/01/2021 470,000.00 3.000% 37,650.00 507,650.00 545,300.00 08!01/2021 30,600.00 30,600.00 02/01/2022 485,000.00 3.000% 30.600.00 515,600.00 546,200.00 08/01/2022 23,325.00 23,325.00 02/0I12023 505,000.00 3.000% 23,325.00 528,325.00 551,650.00 08/0112023 15,750.00 15,750.00 02/0112024 520,000.00 3.000% 15,750.00 535,750.00 551,500.00 08/01/2024 7,950.00 7,950.00 02/01/2025 530,000.00 3.000% 7,950.00 537,950.00 545,900.00 total 59,770,000.00 S1,881,147.78 511,651,147.78 - Yield Statistics Bond Year Dollars _ 63,718.11 Average Life 6.522 Years Average Coupon 2.9522968% Net Interest Cost (NIC) 1.7878608% True Interest Cost (TIC) 1.7001297% Bond Yield for Arbitrage Purposes 1.5443595% All Inclusive Cost (AIC) 1,8049072%n IRS Form 8038 Net Interest Cost 1-5682746% Weighted Average Maturity 6.512 Years Series 2012A GO Ref Bonds J Issue Summary 1 3/13/2012 [ 2:03 PM EHLERS LEADERS IN PUBLIC FINANCE City of Plymouth, Minnesota 9,770,000 General Obligation Refunding Bonds, Series 2012A Net Cash Refunding of GO CIP Bonds, Series 2004A Debt Service Comparison Date Total P+I PGF Existing DIS Net New DIS Old Net DIS Savings 02/01/2013 400.797.78 - 192,575.00 1,716,603.20 1,696,206.26 20,396.94) 02101/2014 397,300.00 - 1,293,400.00 1,690,700.00 1,697,031.26 6,331-26 02/01/2015 1,224,900.00 - 364.200.00 1,594,100.00 1,692,83126 98.731.26 02/01/2016 1,590,900.00 (23,709.37) - 1,567,190.63 1,691.83126 124,640.63 02/01/1017 1,590,850.00 - - 1,590,850.00 1.692,906.26 102,056.26 02/01/2018 1,584,600.00 - - 1,584,600.00 1,686,743.76 102,143.76 02/01/2019 1,577,300.00 - - 1,577,300.00 1,693,543.76 116,243.76 02/01/2020 543.950.00 - - 543,950.00 571168.76 33-218.76 02/01/2021 545,300.00 - - 545,300.00 562,918.76 37,618.76 02/0_1/1022 546200.00 - - 546,200.00 581,993.76_ 35,793.76 02/01/2023 551,650.00 - - 551,650.00 585,168.76 33,518.76 02/01/2024 551,500.00 551,500.00 586,561.26 35,081.26 02/01/2025 545,900.00 - 545,900.00 591,837.50 45,937.50 Total 511,651,147.78 (23,709.37) S2,955,175.00 14,605,843.83 S15,356,762.62 S750,918.79 PV Analysis Summary (Net to Net) Gross PV Debt Service Savings ..................... 684,261.83 Effects of Primary Purpose Earnings ............... 22,701.02 Net PV Cashflow Savings @ 1.544%(Bond Yield)..... 706,962.85 Contingency or Rounding AAmount..........__..__.. 23,230.42) Net Present Value Benefit 6837732.43 Net PV Benefit / $11294.203.03 PV Refunded Debt Service 6.054% PV Benefit / $9,550,000 Refunded Principal... 7.160% Net Net PV Benefit / $9,770,000 Refunding Principal. 6.998% Refunding Bond Information Refunding Dated Date 4/05'2012 Refunding Delivery Date 4/05/2012 Series 2012A G6 Ref Bonds I issue Summary 1 3113/2012 1 2:03 PMS EHLERS LEADERS IN PUBLIC FINANCE MOODY'S INVESTORS SERVICE New Issue: MOODY'S ASSIGNS Aaa RATING TO THE CITY OF PLYMOUTH'S (MN) $10.7 MILLION GO REFUNDING BONDS, SERIES 2012A Global Credit Research - 0$ Mar 2012 Aaa RATING APPLIES TO $34.0 MILLION OF POST -SALE GO DEBT PLYMOUTH (CITY OF) MN Cities (including Towns, Villages and Townships) MN Moody's Rating ISSUE RATING General Obligation Refunding Bonds, Series 2012A Aaa Sale Amount $10,655,000 Expected Sale Date 03112/12 Rating Description General Obligation Moody's Outlook NOO Opinion NEW YORK, March 08, 2012--Moody's Investors Service has assigned a Aaa Rating to the city of Plymouth's $10.7 million General Obligation Refunding Bonds, Series 2012A. Concurrently, Moody's has affirmed the Aaa rating on previously issued debt. Post -sale the city will have '$34,0 million in outstanding general obligation debt. SUMMARY RATINGS RATIONALE The Series 2012A bonds are secured the city's general obligation tax pledge without limitation as to rate or amount. Proceeds will finance an advance partial net cash refunding of the 2016 through 2025 maturities of the city's $7.5 million General Obligation Capital Improvement Plan Bonds, Series 2004A and the 2015 through 2019 maturities of the city's $13.1 million General Obligation Water Revenue Bonds, Series 2004B. The assignment and affirmation of the Aaa rating reflects continuation of the city's strong financial operations supported by ample reserves, large tax favorably located in the Twin Cities metropolitan area, high wealth indices, and a low debt burden. STRENGTHS Significant General Fund reserves and liquidity Large, wealthy tax base outside Minneapolis (general obligation rated Aaa/stable outlook) Affordable debt levels CHALLENGES Recent decreases in valuation DETAILED CREDIT DISCUSSION INNER RING TWIN CITIES SUBURB: SOFTENING OF THE TAXBASE DESPITE CONTINUED RESIDEN11ALACTIVITY We expect the city's 9.2 billion tax base will exhibit long term stability due to its favorable location within the Tvfin Cites metropolitan area and continued residential development. Located northwest of Minneapolis (general obligation rated Aaa/stable outlook) in Hennepin County (Aaalstable outlook), the city's tax base grew at a steady pace throughout the last decade. However, the trend reversed with declines of 4.5% and 4.2% in 2010 and 2011, respectively. Favorably the declines have been less precipitous than seen in many other jurisdictions in the area and nationally. The downward trend is driven by depreciation of existing single family homes. Favorably, officials report new residential developments are in various stages of development 0 including approval of seven new subdivisions constituting nearly 400 homes. St. Jude Medical facilities, a medical device company, is constructing a 275,000 square foot addition in order to consolidate its cardiovascular division operations. Income is above average with per capita and median family income levels at 170%4 and 169% of the US, respectively. The city's unemployment rats of 4.4% in December 2011 remains below that of the state (5.7%) and nation (8.3%) for the same period as result of proximity to employment opportunities throughout the Twin Cities area. STRONG FINANCIAL OPERATIONS SUPPORTED BY SIGNIFICANT RESERVES We expect the city's financial position will rernain stable due to management's adherence to strong financial policies, the presence of sound General Fund reserves, and the maintenance of balanced operations. The city ended fiscal 2010 with a General Fund balance of $11.8 million or a healthy 39.6% revenues. The balance was liquid with $13.3 million in cash and investments. General Fund uses in fiscal 2010 included the transfer of $991,000 to the city's capital and internal service funds to support operations and long-term equipment replacement. The city's internal service funds had a combined total of $25.7 million in cash and investments in fiscal 2010 reflecting alternate liquidity. Management's commitment to continuing its pay -go capital plan and its General Fund balance policy to maintain 40% of the subsequent year's budget is indicative of the city's conservative financial management. The city budgets on a biennial basis using the off years to closely examine the finances of funds other than the General Fund. Funds outside of the General Fund generally ended fiscal 2010 with solid financial positions. The city's major Enterprise Funds are the Water Sewer Utility, Ice Center, and Water Reserves. All three funds had adequate cash balances at fiscal 2010 year end. A small unrestricted net asset deficit in the Ice Center Fund is primarily due to an advance from another fund to self finance capital improvements. The Vicksburg Crossing fund had a deficit net asset position of $612,000 driven by liabilities for its revenue bonds and depreciation, but the unrestricted net assets was positive reflecting available fund equity. The city is primarily funded through property taxes, which comprised 75% of fiscal 2010 General Fund revenues. Historically, the State of Minnesota has imposed levy limits for operations through legislation covering two year cycles. However, there are currently no limits, which provide local governments with additional financial flexibility. Favorably, the city has limited exposure to state funding fluctuations as it receives no Local Government Aid (LGA) for operations. At the peak of state funding for the Market Value Homestead Credit (MHVC) the city was receiving approximately $500,000 per year, which it used exclusively for capital projects. The MVHC program has been eliminated and effective fiscal 2012 will be replaced by the homestead Market Value Exclusion. This exclusion reduces taxable value to certain residential taxpayers causing a decline in 2012 valuations, but does not generate any credit or reimbursement to the city. The city has maintained its overall levy and officials report that this will result in a modest increase in tax rates for some homeowners. The city's consistent financial results and maintenance of healthy reserves, coupled with strong management policies are central characteristics of its Aaa rating. LOW DEBT BURDEN WITH SLOW PRINCPAL REPAYMENT The city's debt burden will likely remain modest due to limited future debt plans. The district's direct debt burden is low at 0.3% of full value, while its overall debt burden is slightly below average at 1.9%. Principal repayment is slow at 64.2% of principal repaid v&ithin ten years compared with the national average of 77.3%. Debt service as a percentage of total operating expenditures is manageable at 0.9% in fiscal 2010. In November 2006, voters authorized the issuance of $9 million in general obligation bonds to finance the acquisition of undeveloped land in the city's northwestern area. The land is to be dedicated to open space, greenways, and parks. The city has issued bAu installments of this authorized debt, totaling about $6 million since 2006. Currently officials do not have any specific plans for issuing the remaining authorized debt The city does not have any variable rate debt, nor is party to any derivative agreements, WHAT COULD CHANGE THE RATING- DOWN Significant reduction in reserves or liquidity Declines in the tax base or weakening of the city's demographic profile KEY STATISTICS 2010 Census population: 70,576 (7% increase from 2000) 2011 Full value: $9.2 billion 2011 Full value per capita: $130,032 Plymouth Unemployment (December 2011): 4.4% (5.7% MN; 8.3% US) Median family income 2006-2010: $106,545 (169% of US) Per capita income 2006-2010: $46,405 (970% of US) Fiscal 2010 General Fund balance: $11.8 million (39.6% of General Fund revenues) 10 Direct debt burden: 0.3% Overall debt burden: 1.9% Principal amortization (10 years): 64.2% Post sale general obligation debt outstanding: $37.4 million PRINCIPAL_ METHDOLOGY The principal methodology used in this rating was Genera; Obligation Bonds Issued by U.S. Local Governments published in October 2009. 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If in doubt you should contact your financial or other professional adviser. 13 Summary: Plymouth, Minnesota; General Obligation Primary Credit Analyst: Katilyn Pulcher, ASA, Chicago (1) 312-233-7055; katilyn_pulcher@standardandpoors.eam Secondary Contact Linda Merus, Chicago (1) 312-233-7017; linda_merus@standardandpoors.com Table Of Contents Rationale Outlook Related Criteria And Research March 9, 2012 www.standardandpoors.com/ratingsdirect 1 14 Summary: Plymouth, Minnesota; General obligation LIS$10.655 mil GO rfdg bnds ser 2012A due 02/01/2025 Long Term Elating AAA/Stable New OS$9.935 mil Govt hsg proj rfdg bnds (Plymouth) ser 2012A due 02/01/2035 Long Term hating AAA/Stable New Plymouth GO open space bnds ser 201 OA Long Term Bating AAA/Stable Affirmed Rationale Standard & Poor's Ratings Services has assigned its 'AAA' long-term rating to Plymouth, Minn.'s series 2012A general obligation (GO) refunding bonds and series 2012 governmental housing project refunding bonds. At the same time, Standard & Poor's affirmed its 'AAA' long-term rating on the city's existing GO debt. The outlook is stable. The rating is based on our assessment of the city's: Participation in the Minneapolis -St. Paul (Twin Cities) metropolitan area economic base, Very strong income levels and extremely strong market value per capita indicators, Trend of positive operations and very strong general fund reserves; and Low -to -moderate debt burden. Officials intend to use the series 2012A governmental housing refunding bond proceeds to effect an advance crossover refunding of a portion of the city's series 2005 bonds and the series 2012A GO refunding bonds to advance refund a portion of the city's series 2004A and series 2004B bonds. The city's full faith and credit pledge secures the bonds. Plymouth is located in Hennepin County ('AAA' GO debt rating) roughly 10 miles northwest of Minneapolis. The city covers 35 square miles and is currently the seventh-largest city in the state. Its population of 70,576 represents a 7.1% increase over 2000 levels, reflecting the rapid expansion in the city over the past decade. The city's taxable market value decreased on average by 3.5% between 2008 and 2011, which was mainly due to a decrease in commercial properties throughout the city. Management expects taxable market values to stabilize in 2011/2012 and begin to increase in 201312014, as residential and commercial development in the city continues, particularly in the health care sector. Despite the recent modest decreases in taxable market value, city officials do have capacity, as per Minnesota statutes, to increase its tax rate to maintain its levy at the same level of spending from the previous year. Estimated full market value was $9.18 billion in levy year 2010-2011, or $130,032 per capita, which is extremely strong, in our opinion. Residential homesteads are 61% of the total tax capacity, while commercial and industrial properties make up 31%. The 10 leading taxpayers account for a very diverse 4.5% of net tax capacity. Many city residents commute to the Twin Cities and inner suburbs via three local freeways. The city's unemployment rate averaged 5.1% as of December 2011, which is below the state's average of 5.7% and the Standard & Poors I RatingsDirect on the Global Credit Portal I March 9, 2012 2 15 Summary: Plymouth, Minnesota; General Obligation national level. We view residents' income levels, measured by median household effective buying income, to be very strong at 157% of the state and 167% of the national levels. In our opinion, the city's finances have been strong and stable. The city has reported operating surpluses for the past five years, in spite of not receiving local government aid and the market value homestead credit. Based on management's biennial budget, fiscal 2012 should result in break-even or positive operations. In fiscal 2011, management expects to report a surplus of approximately $1 million. In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, this surplus will bring the city's expected general fund unassigned balance to an estimated $12 million. As of fiscal 2010, the city's general fund unreserved balance was $11.6 million, or 41.5% of expenditures, which is very strong, in our opinion. In fiscal 2010, the city reported a surplus of 105,000. Management attributes this result to increased revenues from license fees and fines, as well as cost savings on contractual work and conservative budgeting as it pertains to union contracts. In addition, management is still adhering to its policy of maintaining 40% of the next year's general fund budget in reserve. The city maintains several internal service funds that are partially funded annually by the general fund. The fiscal 2010 audit shows unrestricted net assets of $21.9 million in these funds, equivalent to 78% of general fund expenditures (excluding the general fund reserves). Management uses internal services funds to account for services provided to other city departments on a cost -reimbursement basis. The funds are legally available for any use, and management has stated that reserves in the internal services fund could be used for general operations through the approval of the council. We consider Plymouth's management practices "good" under Standard & Poor's Financial Management Assessment FMA). An FMA of good indicates that practices exist in most areas, although not all may be formalized or regularly monitored by governance officials. Management maintains a two -year -rolling line -item budget that it updates at least once a year. City council members receive quarterly budget to actual result reports. The city has its own investment policy and the council receives reports quarterly on investment holdings and earnings. Other policies that the city maintains include its own debt management policy and a comprehensive, annually updated, five-year capital improvement plan, which identifies the cost and funding sources of each project. We believe that the city's overall debt burden, net of self-supporting revenue debt, is low at 1.9% of market value and moderate at $2,443 per capita. We consider the city's deht service charges low at 7.2% of 2010 total expenditures less capital outlay. Amortization is above average, with 64% of the debt retired within 10 years. In 2006, voters authorized city officials to issue GO bonds in an amount not to exceed $9 million to acquire land for open space conservation. The city still has approximately $3.3 million remaining from its series 2006 bond authorization. Management does not have any immediate debt plans and does not plan to issue the remaining portion of its authorized series 2006 bonds at this time. Outlook The stable outlook reflects Standard & Poor's expectation that management will continue take the necessary steps to maintain balanced operations and very strong reserves. We do not expect to change the rating within the outlook's two-year period, given our expectation that the city will maintain reserves in accordance with its 40% fund balance policy. The city's participation in the deep and diverse Twin Cities economic base provides further stability to the rating. www.standardandpoors.com/ratingsdirect 3 6 Summary: Plymouth, Minnesota, General Obligation Related Criteria And Research USPF Criteria: GO Debt, Oct. 12, 2006 USPF Criteria: Key General Obligation Ratio Credit Ranges — Analysis Vs. Reality, April 2, 2008 Complete ratings information is available to subscribers of RatingsDirect on the Global Credit Portal at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. Standard & Poors I RatingsDirect on the Global Credit Portal I March 9, 2012 4 17 CERTIFICATION OF MINUTES Municipality: The City of Plymouth, Minnesota Governing Body: City Council Meeting: A meeting of the City Council of the City of Plymouth was held on the 13th day of March, 2012, at 7:00 p.m. at Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota. Members present: Members absent: Documents: Resolution No. 12- - Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of 10,655,000 General Obligation Refunding Bonds, Series 2012A Certification: I, Sandy Engdahl, City Clerk of the City of Plymouth, Minnesota, do hereby certify the following: Attached hereto is a true and correct copy of a resolution on file and of record in the offices of the City of Plymouth, Minnesota, which resolution was adopted by the Plymouth City Council, at the meeting referred to above. Said meeting was a regular meeting of the Plymouth City Council, was open to the public, and was held at the time at which meetings of the City Council are regularly held. Member moved the adoption of the attached resolution. The motion for adoption of the attached resolution was seconded by Member A vote being taken on the motion, the following voted in favor of the resolution: and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted by at least two-thirds of the members of the City Council. The attached resolution is in full force and effect and no action has been taken by the City Council of the City of Plymouth, Minnesota which would in any way alter or amend the attached resolution. Witness my hand officially as the City Clerk of the City of Plymouth, Minnesota this day of March, 2012. LIZ Its City Clerk It was reported that proposals for the purchase of $10,655,000 General Obligation Refunding Bonds, Series 2012A were received prior to 11:00 o'clock a.m., Central Time, pursuant to the Official Statement distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., financial consultants to the City. The proposals have been publicly opened, read and tabulated and were found to be as follows: See Attached RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $10,655,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"), as follows: SECTION 1. AUTHORIZATION AND SALE. 1.1. Authorization. Pursuant to a resolution adopted by the City on February 14, 2012, the City has determined it to be in its best interests to issue and sell its $10,655,000 aggregate principal amount of General Obligation Refunding Bonds, Series 2012A (the "Bonds") for the purpose of (i) refunding in advance of maturity and prepaying on February 1, 2015 (the "Series 2004A Redemption Date") the 2016 through 2025 maturities, aggregating $4,575,000 in principal amount, of the City's General Obligation Capital Improvement Plan Bonds, Series 2004A, dated, as originally issued, as of September 1, 2004 (the "Refunded Series 2004A Bonds") and (ii) refunding in advance of maturity and prepaying on February 1, 2014 (the Series 2004B Redemption Date," together with the Series 2004A Redemption Date, the Redemption Dates") the 2015 through 2019 maturities, aggregating $4,975,000 in principal amount, of the City's General Obligation Water Revenue Bonds, Series 2004B, dated, as originally issued, as of December 1, 2004 (the "Refunded Series 2004B Bonds"; together with the Refunded Series 2004A Bonds, the "Refunded Bonds"). The portion of the Bonds allocable to the refunding of the Refunded Series 2004A Bonds shall be designated herein as the "Series 2004A Refunding Bonds," and the portion of the Bonds allocable to the refunding of the Refunded Series 2004B Bonds shall be designated herein as the "Series 2004B Refunding Bonds." Each Redemption Dates is the earliest date upon which the respective series of Refunded Bonds may be redeemed without payment of premium. 1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by Ehlers and Associates, Inc., sealed proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened, publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of the Purchaser"), to purchase the Bonds in the principal amount of $10,655,000 at a price of on the further terms and conditions hereinafter set forth. 1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Clerk are hereby authorized and directed to execute a contract on behalf of the City for the sale of the Bonds. The good faith deposit of the Purchaser shall be retained by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. 1.04. Savings. It is hereby determined that: i) by the issuance of the Bonds, the City will realize a substantial interest rate reduction, a gross savings of approximately $ and a present value savings (using the yield on the Bonds, computed in accordance with Section 148 of the Internal Revenue Code of 1986, as amended (the "Code-"), as the discount _factor) of approximately $ ; and ii) as of the respective Redemption Date, the sum of (i) the present value of the debt service on the Bonds, computed to their stated maturity dates, after deducting any premium, using the yield of the Bonds as the discount rate, plus (ii) any expenses of the refunding payable from a source other than the proceeds of the Bonds or investment earnings thereon, is lower by than the present value of the debt service on the Refunded Bonds, exclusive of any premium, computed to their stated maturity dates, using the yield of the Bonds as the discount r u teo SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY. 2.1. Issuance of Bonds. All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota and City Charter to be done prior to the issuance of the Bonds having been done, existing and having happened, it is necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 2.2. Maturities; Interest Rates; Denominations and Pa ice. The Bonds shall be originally dated as of April 5, 2012, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: 2019 1,520,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds are allocated to the separate purposes thereof as follows: Principal Interest Series 2004B Principal Interest Year Amount Rate Year Amount Rate 2013 285,000 2020 475,000 2014 265,000 2021 490,000 2015 15095,000 2022 500,000 2016 1,470,000 2023 515,000 2017 1,480,000 2024 5255000 2018 15490,000 2025 545,000 2019 1,520,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds are allocated to the separate purposes thereof as follows: 2 Series 2004A Series 2004B Series 2004A Series 2004B Refunding Refunding Refunding Refunding Year Bonds Bonds Year Bonds Bonds 2013 135,000 150,000 2020 475,000 -- 2014 115,000 150,000 2021 490,000 -- 2015 85,000 1,010,000 2022 500,000 -- 2016 455,000 1,015,000 2023 515,000 -- 2 2017 455,000 1,025,000 2024 525,000 -- 2018 460,000 1,030,000 2025 545,000 -- 2019 470,000 1,050,000 REVISE MATURITY SCHEDULE FOR ANY TERM BONDS] The Bonds shall be issuable only in fully registered form. Interest shall be computed on the basis of a 360 -day year composed of twelve 30 -day months. The interest on and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein, provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.8 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.3. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to Section 2.7 and upon any subsequent transfer or exchange pursuant to Section 2.6, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 2013, each such date being referred to herein as an Interest Payment Date, to the persons in whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the Registrar's close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. 2.4. Redemption. Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS - ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS] Bonds maturing on February 1, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 2.4 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Term Bonds Maturing February 1, 20 Year Principal Amount 3 The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 Term Bonds Maturing February 1, 20 Year Principal Amount The 1emaining $ Staters nrinrinal grnoiint of such Bonds Shall be paid 2t maturity on February 1, 20 .] The City Manager shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 2.6 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 2.5. Appointment of Initial Registrar. The City hereby appoints the City Finance Director as the initial bond registrar, transfer agent and paying agent (the "Registrar"). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. The City reserves the right to remove the Registrar, effective upon not less than thirty days' written notice and upon the appointment and acceptance of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor rcegrstrar. 2.6. Registration. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: a) Register. The Registrar shall keep at its principal corporate trust office a bond register (the "Bond Register") in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. The term Holder or Bondholder as used herein shall mean the person (whether a natural person, corporation, association, partnership, trust, governmental unit, or other legal entity) in whose name a Bond is registered in the Bond Register. b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the Holder thereof or accompanied by a written instrument of transfer, in form 11 satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. c) Exchange of Bonds. At the option of the Holder of any Bond in a denomination greater than $5,000, such Bond may be exchanged for other Bonds of authorized denominations, of the same maturity and a like aggregate principal amount, upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any Bond is so surrendered for exchange the City shall execute and the Registrar shall authenticate and deliver the Bonds which the Bondholder making the exchange is entitled to receive. d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes, and all payments made to any registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith, and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which 5 both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, Subdivision 1, as amended. 0) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.7. Execution Authentication and Delivery. The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the r r +w n.+__ a +w + +i i aMayorandlet.l L- Manager, pro VruGd hatL he s-1gna ares may e printed, engravedor lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until the date of delivery of such Bond. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond, substantially in the form provided in Section 2.9, has been executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on any Bond shall be conclusive evidence that it has been duly authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.8. Securities Depository. (a) For purposes of this section the following terms shall have the following meanings: Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. DTC" shall mean The Depository Trust Company of New York, New York. Participant" shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. R Representation Letter" shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC's Operational Arrangements. b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. d) The execution and delivery of the Representation Letter to DTC, if not previously filed with DTC, by the Mayor or City Manager is hereby authorized and directed. e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to 7 the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. 2.9. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION REFUNDING BOND, SERIES 2012A No. R- $ Interest Rate Maturity Date Date of Original Issue CUSIP NO. February 1, 20_ April 5, 2012 REGISTERED OWNER: CEDE & CO. THOUSAND DOLLARS THE CITY OF PLYMOUTH, MINNESOTA (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual interest rate specified above, payable on February 1 and August 1 of each year, commencing February 1, 2013 (each such date, an "Interest Payment Date"), all subject to the redemption of this Bond prior to maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Payment Date. Interest hereon shall be computed on the basis of a 360 - day year composed of twelve 30 -day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America by check or draft drawn on the City Finance Director, as bond registrar, transfer agent and paying agent, or its successor designated under the Resolution described herein (the "Registrar"), or other agreed-upon means of payment by the Registrar or its designated successor. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. M This Bond is one of an issue in the aggregate principal amount of $10,655,000 (the Bonds") issued pursuant to a resolution adopted by the City Council on March 13, 2012 (the Resolution") to refinance certain outstanding obligations of the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 444.075 and Chapter 475. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds having stated maturity dates in 2023 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar or, if applicable, by the bond depository in accordance with its customary procedures), in multiples of $5,000, on February 1, 2022, and on any date thereafter, at a price equal to 100% of the principal amount thereof plus interest accrued to the date of redemption. The City will cause notice of the call for redemption to be published if and as required by law and, at least thirty (30) days prior to the date specified for redemption, will cause notice of the call thereof to be mailed, by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository) to the registered owner of any Bond to be redeemed at the owner's address as it appears on the register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. Bonds maturing on February 1, 20 and 20 (the "Term Bonds") shall be subject to mandatory redemption prior to maturity at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: The remaining $ maturity on February 1, 20 Term Bonds Maturing February 1, 20 Year Principal Amount stated principal amount of such Bonds shall be paid at Term Bonds Maturing February 1, 20 Year Principal Amount W The remaining $ stated principal amount of such Bonds shall be paid at maturity on February 1, 20 Notice of redemption shall be given as provided in the preceding paragraph.] As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney, and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond, so 'long as this Bond is registCred in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to and in the issuance of this Bond in order to make it a -alid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that the City has established its General Obligation Refunding Bonds, Series 2012A Bond Fund and has covenanted and agreed to impose and collect charges for the use of the City's municipal water treatment system, all of which will be collectible for the years and in amounts sufficient, with ad valorem taxes heretofore or hereafter levied, to produce sums not less than five percent in excess of the principal of and interest on the Bonds when due, and has appropriated such ad valorem taxes and net revenues of the City's municipal water treatment system to the Bond Fund for the payment of principal and interest; that if necessary for payment of principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. 10 This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Plymouth, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. CITY OF PLYMOUTH, MINNESOTA facsimile signature City Manager) (facsimile signature Mayor) CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Dated: CITY FINANCE DIRECTOR, as Bond Registrar RIZ Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM - as tenants in common UTMA ................... as Custodian for ..................... Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act .............. State) JT TEN -- as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint 11 attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution" meeting the requLle111entJ of the Registrar, which requirements include membership or CST A 11 .TT _ _ such l_ _ participation In S 1 AlVir or such otLler signature guaranty program" as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: End of the Bond form] SECTION 3. USE OF PROCEEDS AND SECURITY 3.1. Bond Proceeds. Upon payment for the Bonds by the Purchaser, the City Manager shall apply the proceeds of the Bonds as follows: (a) the amount of $ shall be deposited in the Escrow Account established with U.S. Bank National Association, as escrow agent (the "Escrow Agent") under an Escrow Agreement described hereinafter, the funds so deposited, together with funds of the City in such amount as may be required, to be invested in securities authorized for such purpose by Minnesota Statutes, Section 475.67, subdivision 13, maturing on such dates and bearing interest at such rates as are required to provide funds sufficient, with cash retained in the escrow account, (i) to pay all interest to become due on the Refunded Series 2004A Bonds to and including the Series 2004A Redemption Date; (ii) to pay all interest to become due on the Refunded Series 2004B Bonds to and including the Series 2004B Redemption Date; (iii) to pay and redeem the outstanding principal of the Refunded Series 2004A Bonds on the Series 2004A Redemption Date; (iv) to pay and redeem the outstanding principal of the Refunded Series 2004B Bonds on the Series 2004B Redemption Date; (b) the amount of $ shall be used to pay issuance expenses of the Bonds; and (c) 12 the amount of $ shall be deposited in the Bond Fund created pursuant to Section 4 hereof. The Mayor and City Manager are hereby authorized to enter into an Escrow Agreement, a form of which has been presented to this Council, with the Escrow Agent establishing the terms and conditions for the escrow account in accordance with Minnesota Statutes, Section 475.67. 3.2. General Obligation Refunding Bonds, Series 2012A Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Manager shall maintain a separate debt service fund on the official books and records of the City to be known as the General Obligation Refunding Bonds, Series 2012A Bond Fund (the "Bond Fund"), and the principal of and interest on the Bonds shall be payable from the Bond Fund. The City irrevocably appropriates to the Bond Fund (a) the amounts specified in Section 3.1; (b) all net revenues of the City's municipal water treatment system (the "System") levied and collected in accordance with Section 3.5 hereof; (c) ad valorem taxes levied and collected in accordance with the provisions of Section 3.3 hereof; and (d) all other moneys as shall be appropriated by the City Council to the Bond Fund from time to time. There are hereby established two accounts in the Bond Fund, designated as the "Debt Service Account" and the "Surplus Account." There shall initially be deposited into the Debt Service Account upon the issuance of the Bonds the amount set forth in (a) above. Thereafter, during each Bond Year (i.e., each twelve month period commencing on February 2 and ending on the following February 1), as monies are received into the Bond Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Bond Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. If the aggregate balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account in the Bond Fund when the balance therein is sufficient, and the City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory limitation. 3.3. Pledge of Taxing Powers. For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest payments on the Refunding Series 2004A Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes will be levied and collected in the following years and amounts: 13 Levy Years Collection Years Amount See attached Levy Computation 3.4. Sufficiency of System Revenues. It is hereby found, determined and declared that the City owns and operates the System as a revenue-producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City, for the payment when due of the principal of and interest on futheRending Series 2004B Bonds herein authorized, and on any other bonds to which such revenues are pledged. 3.5. Rate Covenant. Pursuant to Minnesota Statutes, Section 444.075, the City hereby agrees with the registered owners from time to time of the Bonds, that until the Series 2004B Reunding Bonds and the interest thereon are paid in full, or are discharged as provided in Section 4, the City will impose and collect reasonable charges for the service, use and availability of the- System, according to schedules which will' produce net evenues sufficient, together with ad valorem taxes heretofore or hereafter duly levied on all taxable property in the City which have been pledged and appropriated for this purpose, and any other funds appropriated by the City, to pay all principal and interest when due on the Refunding Series 2004B Bonds and any other bonds or other obligations of the City to which said net revenues have been or may be pledged; and said net revenues, to the extent necessary, are hereby irrevocably pledged and appropriated to the payment of the principal of and interest on the Refunding Series 2004B Bonds and shall be credited to the Bond Fund as required. Nothing herein shall preclude the City from hereafter making further pledges and appropriations of the net revenues of the System for payment of additional bonds or other obligations of the City hereafter authorized if the Council determines before the authorization of such additional obligations that the estimated net revenues of the System will be sufficient, with any other sources pledged to the payment of the Refunding Series 2004B Bonds, for payment of the Refunding Series 2004B Bonds, any other outstanding obligations and such additional obligations. Such further pledges and appropriations of said net revenues may be made superior or subordinate to, or on ap crit`, with, the pledge and appropriation of net revenues herelri made. SECTION 4. DEFEASANCE. When all of the Bonds have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, 14 with the Registrar or with a bank or trust company qualified by law to act as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited for such purpose, bearing interest payable at such times and at such rates and maturing or callable at the holder's option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date or specified redemption date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the -Bonds to be discharged on and before their maturity dates or earlier designated redemption date. SECTION 5. CERTIFICATION OF PROCEEDINGS. 5.1. Registration of Bonds. The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County and obtain a certificate that the Bonds and the taxes levied pursuant hereto have been duly entered upon the Auditor's bond register.. 5.2. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 5.3. Official Statement. The Preliminary Official Statement relating to the Bonds, dated March _, 2012, prepared and distributed by Ehlers & Associates, Inc., is hereby approved. Ehlers & Associates, Inc. is hereby authorized on behalf of the City to prepare and deliver within seven business days from the date hereof a final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted by the SEC under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 5.4. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Klein Bank on the closing date for further distribution as directed by the City's financial advisor, Ehlers & Associates, Inc. SECTION 6. TAX COVENANTS, ARBITRAGE MATTERS AND CONTINUING DISCLOSURE. 15 6. 1. General Tax Covenant. The City covenants and agrees with the registered owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents, any action which would cause the interest on the Bonds to become includable in gross income of the recipient under the Code and applicable Treasury Regulations the "Regulations"), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Bonds will not become includable in the gross income of the recipient under the Code and the Regulations. The City has not and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use or operation of the facilities refinanced by the Bonds, or any portion thereof, or security for the f +hn Rr<r rlc <: h' h ro«ca thn Rnndc t^ ha considered "pri :late actrvrty bnnr" nY paylllelll of I.11V Bonds VY llrcll vV ml<1 --use Lily Bon J be private loan bonds" pursuant to Section 141 of the Code. 6.2. Arbitrage Certification. The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and Section 1.148-2(b) of the Regulations stating the facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of the Code and Regulations. 6.3. Arbitrage Rebate. The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no "gross proceeds" of the Bonds other than amounts constituting a "bona fide debt service fund") arise during or after the expenditure of the original proceeds thereof. 6.4. Not Qualified Tax-Exempt Obligations. The Bonds are not designated as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. 6.5. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the "Rule"), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. M Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: 1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2011, the following financial information and operating data in respect of the City (the "Disclosure Information"): A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend and Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board (the "MSRB"). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially 17 changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasVnJ for the aulendlrnent and the effect of ai change :n the type of financial information or operating data provided. 2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events: A) Principal and interest payment delinquencies; B) Non-payment related defaults, if material; C) Unscheduled draws on debt service reserves reflecting financial difficulties; D) Unscheduled draws on credit enhancements reflecting financial difficulties; E) Substitution of credit or liquidity providers, or their failure to perform; F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; G) Modifications to rights of security holders, if material; H) Bond calls, if material, and tender offers; 1) Defeasances; J) Release, substitution, or sale of property securing repayment of the securities, if material; K) Rating changes; L) Bankruptcy, insolvency, receivership or similar event of the City; M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and N) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is "material" if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. 18 Notwithstanding the foregoing sentence, an event is also "material" if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. 3) In a timely manner, notice of the occurrence of any of the following events or conditions: A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); C) the termination of the obligations of the City under this section pursuant to subsection (d); D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and E) any change in the fiscal year of the City. c) Manner of Disclosure. 1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection b). 2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. d) Term; Amendments; Intelpretation. 1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the 19 effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as A 7 f if Zl r A n 1 n n((_cant nrt i i)nei f any B nl c by aprovidedinparagraph `v (31) llel\+ ) Vl Lh —0... , V Y as Bonds, resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. 3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 7. REDEMPTION OF REFUNDED BONDS. The City Manager is hereby directed to advise the City Finance Director, as paying agent for the Refunded Series 2004A Bonds and the Refunded Series 2004B Bonds, to call such bonds for redemption and prepayment on the Series 2004A Redemption Date and the Series 2004B Redemption Date, respectively, and to give thirty days mailed Notice of Redemption, all in accordance with the provisions of the resolutions authorizing the issuance of such bonds. 20 SCHEDULE PROJECTED LEVIES Date Levy CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY The undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a resolution duly adopted on March 13, 2012, by the City Council of the City of Plymouth, Minnesota, setting forth the form and details of an issue of $10,655,000 General Obligation Refunding Bonds, Series 2012A, dated as of April 5, 2012 and levying taxes for the payment thereof. I further certify that the issue has been entered on my note register and the tax required by law for their payment has been levied and filed as required by Minnesota Statutes, Sections 475.61 through 475.63. WITNESS my hand officially this _ day of , 2012. County Auditor City of pi ymouth Wayzata Senior High School Iridin, Qphty da Life To: REGULAR City Hall COUNCIL MEETING Prepared by: March 13, 2012 Reviewed by: Item: 1. ACTION REQUESTED: Agenda Number. Laurie Ahrens, City Manager Sandy Engdahl, City Clerk Adopt Ward and Precinct Boundaries Adopt the attached ordinance adopting ward boundaries, resolution adopting precinct boundaries, and a resolution establishing polling locations. 2. BACKGROUND: On February 21, the State Legislature released the congressional and legislative plans. The City must adopt new ward and precinct boundaries by April 3. The purpose of redistricting is to ensure equal representation. The official census population is used as the basis for redistricting. The City had 70,576 residents in the 2010 census; and the maximum deviation recommended by the City Attorney in getting the four wards close in population is plus or minus 5%. The Council conducted a study session on February 28 to review two proposed redistricting plans. The majority of the Council supported Alternate 1 Option which is attached. This plan allow for anticipated growth in Ward 1 over the next 10 years of 2,000-3,000 people by moving an area on the west side of I-494 between Schmidt Lake Road, Fernbrook Lane, and Rockford Road, from Ward 1 to Ward 4. This option has a 2.79% deviation which falls well within the City Attorney's recommendation. An ordinance adopting ward boundaries and a resolution adopting precinct boundaries is attached. These new boundaries will go into effect immediately. All registered voters will receive mailed notification of their districts, wards and precincts, and polling locations at the county's expense. Once the new wards and precincts have been adopted, existing polling locations need to be analyzed to determine if existing locations can be utilized and/or adding new locations based upon the new precinct lines. The following locations are proposed: Ward 1 Precinct 1 Wayzata Senior High School Precinct 2 Plymouth Covenant Church Precinct 3 City Hall Precinct 4 Plymouth Covenant Church Precinct 5 Plymouth Creek Center Precinct 6 Peace Lutheran Church Ward 2 Precinct 7 Interfaith Outreach and Community Partners Precinct 8 St. Philips Lutheran Church Precinct 9 Parkers Lake Baptist Church Precinct 10 Messiah Methodist Church Page 1 Precinct 11 St. Philips Lutheran Church Precinct 12 Wayzata Central Middle School Ward 3 Precinct 13 Plymouth Creek Center Precinct 14 Vision of Glory Precinct 15 Armstrong High School Precinct 16 Christ Memorial Church Precinct 17 West Medicine Lake Community Club Ward 4 Precinct 18 Beautiful Savior Lutheran Church Precinct 19 Beautiful Savior Lutheran Church Precinct 20 Minneapolis Laestadian Lutheran Church Precinct 21 Pilgrim United Methodist Church Precinct 22 Zachary Lane Elementary School Precinct 23 Fire Station II There were a few notable changes with the precinct locations: 1. The use of Plymouth Covenant Church for Precincts 2 and 4, versus using Providence Academy. Plymouth Covenant has a new renovated facility with larger space (a gym), convenient parking, and easy access for the voters compared to Providence Academy. 2. The use of Interfaith Outreach and Community Partners (IOCP) for Precinct 7, versus using Fire Station 3. IOCP's facility will be able to accommodate this larger precinct with their facilities and the larger parking lot. 3. The use of West Medicine Lake Community Club for Precinct 17, versus using Wayzata East Middle School. Easier access for voters who live on the south and east side of Medicine Lake. 4. Use of Fire Station 2 for Precinct 23 as Pilgrim Lane Elementary School wasn't available due to mold issues. The resolution adopting this above polling location is attached. 3. ATTACHMENTS: Map of Alternate I Option Ordinance Adopting Ward Boundaries Resolution Adopting Precinct Boundaries Resolution Establishing Polling Locations Page 2 414 MAI 1.11 wom hi itV T IN EmbWom oil IS CITY OF PLYMOUTH RESOLUTION 2012 - ADOPTING PRECINCT BOUNDARIES FOR THE CITY OF PLYMOUTH BE IT RESOLVED by the City Council of the City of Plymouth that the following precincts are hereby established: Precinct 1: Beginning at the intersection of Vicksburg Lane and the CP Railroad track, then northerly along Vicksburg Lane to the city limits, then westerly along the city limits to County Road 101, then southerly along County Road 101 to State Highway 55, then southeasterly along State Highway 55 to the CP Railroad tracks, then easterly along the railroad tracks to the point of beginning. Precinct 2: Beginning at the intersection of Vicksburg Lane and Schmidt Lake Road, then easterly along Schmidt Lake Road to I-494, then northerly along I-494 to the city limits, then westerly along the city limits to Vicksburg Lane, then southerly along Vicksburg Lane to the point of beginning. Precinct 3: Beginning at the intersection of the CP Railroad tracks and State Highway 55, then southeasterly along State Highway 55 to Old Rockford Road, then easterly along Old Rockford Road to Vicksburg Lane, then northerly along Vicksburg Lane to the CP Railroad tracks, then westerly along the CP Railroad tracks to the point of beginning. Precinct 4: Beginning at the intersection of Vicksburg Lane and Old Rockford Road, then southeasterly along Old Rockford Road to Rockford Road, then easterly along Rockford Road to Fernbrook Lane, then northerly along Fernbrook Lane to Schmidt Lake Road, then westerly along Schmidt Lake Road to Vicksburg Lane, then southerly along Vicksburg Lane to the point of beginning. Precinct 5: Beginning at the intersection of State Highway 55 and the western city limits, then southeasterly along State Highway 55 to Old Rockford Road, then easterly along Old Rockford Road to Vicksburg Lane, then southerly along Vicksburg Lane to Highway 55, then westerly along Highway 55 to County Road 24, then southwesterly along County Road 24 to Medina Road to the western city limits, then northerly along the city limits to the point of beginning. Precinct 6: Beginning at the intersection of Medina Road and the western city limits, then easterly along Medina Road to County Road 101, then southerly along County Road 101 to County Road 24, then westerly along County Road 24 to the western city limits, then northerly along the city limits to the point of beginning. Page 4 Precinct 7: Beginning at the intersection of western city limits and County Road 24, then easterly to County Road 101, then northerly to Medina Road, then southeasterly to County Road 24, then northeasterly to Highway 55, then easterly to Vicksburg Lane, then southerly to 25th Avenue, then northwesterly on Yuma Lane to 24h Avenue, then west on 24th Avenue to Dunkirk Lane, then northerly on Dunkirk Lane to 24th Avenue, then westerly on 24th Avenue to Holly Lane, then northerly to 25th Avenue, then westerly to County Road 101, then northerly on County Road 101 to 26th Avenue, then westerly on 26th Avenue to Troy Lane, then southerly on Troy Lane to Urbandale Lane, then southwesterly on Urbandale Lane to 25th Avenue, then westerly on 25th Avenue to 24th Avenue, then westerly on 24th Avenue to the western city limits, then northerly to the point of beginning. Precinct 8. Beginning at the westerly city limit and 24th Avenue, then easterly to 25th Avenue, continue easterly to Urbandale Lane, then easterly on Urbandale Lane to Troy Lane, then northerly on Troy Lane to 26th Avenue, then easterly to County Road 101, then southerly on County Road 101 to 25th Avenue, then easterly on 25th Avenue to Holly Lane, then southerly on Holly Lane to 24th Avenue, then easterly on 24th Avenue to Dunkirk Lane, then southerly on Dunkirk Lane to County Road 6, then westerly on County Road 6 to city limits, then northerly to the point of beginning. Precinct 9. Beginning at the intersection of Highway 55 and Vicksburg Lane, then southeasterly to intersection of I-494 and Highway 55, then southerly along I-494 to County Road 6, then westerly on County Road 6 to Dunkirk Lane, then northerly on Dunkirk lane to 24th Avenue, then easterly on 24th Avenue to Yuma Lane, then southeasterly on Yuma Lane to 25th Avenue, then northeasterly on 25th Avenue to Vicksburg Lane, then northerly on Vicksburg Lane to point of beginning. Precinct 10. Beginning at the intersection of County Road 6 and Ferndale Road, then easterly along County Road 6 to County Road 101, then southerly along County Road 101 to the southern city limits, then westerly along the city limits to Ferndale Road, then northerly along Ferndale Road to the point of beginning. Precinct 11. Beginning at the intersection of County Road 6 and County Road 101, then easterly along County Road 6 to Vicksburg Lane, then southerly along Vicksburg Lane to the southern city limits, then westerly and then northerly along the city limits to County Road 101, then northerly along County Road 101 to the point of beginning. Precinct 12. Beginning at the intersection of County Road 6 and Vicksburg Lane, then easterly along County Road 6 to I-494, then southerly along I-494 to the southern city limits, then westerly along the city limits to Vicksburg Lane, then northerly along Vicksburg Lane to the point of beginning. Precinct 13: Beginning at the intersection of Vicksburg Lane and Old Rockford Road, then easterly on Old Rockford Road to Rockford Road, continue easterly to I-494, then southerly along I-494 to Highway 55, then westerly on Highway 55 to Vicksburg Lane, then northerly to point of beginning. Page 5 Precinct 14: Beginning at the intersection of I-494 and Rockford Road, go easterly to Larch Lane, then southerly on Larch Lane to Old Rockford Road, then easterly on Old Rockford Road to Zachary Lane, then southerly on Zachary Lane to 36th Avenue, then westerly on 36th Avenue following legislative line to Northwest Boulevard, then southerly on Northwest Boulevard to West Medicine Lake Drive West, then southerly following the legislative line to 18th Avenue, then 181h Avenue westerly to Highway 55, then northwesterly on Highway 55 to I-494, then northerly to the point of beginning. Precinct 15. Beginning at the legislative line and Northwest Boulevard, then easterly to city limits, then southerly on Highway 169 to 26th Avenue, then westerly to Medicine Lake, then southerly following lakeshore around the City of Medicine Lake to 18th Avenue, then northerly following legislative line to Medicine Lake Drive West, then northerly on Medicine Lake Drive West to Northwest Boulevard, then Northwest Boulevard northerly to point of beginning. Precinct 16. Beginning at the intersection of I-494 and Highway 55, then southeasterly on Highway 55 to the railroad tracks, then easterly on railroad tracks to Medicine Lake Drive West, then southerly on Medicine Lake Drive West to Highway 55, then Highway 55 easterly to Highway 169, then southeasterly to City limit line, then westerly on City limit to I-494, then northerly on I-494 to point of beginning. Precinct 17: Beginning at the intersection of 18th Avenue and Highway 55, then easterly along 18th Avenue to the Medicine Lake shoreline, then southerly following the shoreline of Medicine Lake to the city limits, then following the city limits to the shoreline of Medicine Lake, then easterly and northerly along the shoreline of Medicine Lake to 26th Avenue, then easterly along 26th Avenue to Highway 169, then southerly along Highway 169 to Highway 55, then westerly on Highway 55 to Medicine Lake Drive West, then northerly on Medicine Lake Drive West to railroad tracks, then westerly on railroad tracks over to Highway 55, then northerly on Highway 55 to point of beginning. Precinct 18. Beginning at the intersection of I-494 and the CP Railroad tracks, then northerly along I-494 to Bass Lake Road, then easterly along Bass Lake Road to Zachary Lane, then southerly along Zachary Lane to the CP Railroad tracks, then westerly along the CP Railroad tracks to the point of beginning. Precinct 19. Beginning at the intersection of Zachary Lane and Schmidt Lake Road, then northerly along Zachary Lane to Bass Lake Road, then westerly along Bass Lake Road to the city limits line immediately west of Quinwood Lane, then northerly and easterly following the city limits to Highway 169, then southerly along Highway 169 to Schmidt Lake Road, then westerly along Schmidt Lake Road to the point of beginning. Precinct 20. Beginning at the intersection of I-494 and the CP Railroad tracks, then easterly along the CP Railroad tracks to Larch Lane, then southerly along Larch Lane to Rockford Road, then westerly along Rockford Road to Fernbrook Lane, then northerly along Fernbrook Lane to Schmidt Lake Road, then easterly on Schmidt Lake Road to I-494, then northerly to the point of beginning. Page 6 Precinct 21. Beginning at the intersection of Larch Lane and the CP Railroad tracks, then easterly along the railroad tracks to Zachary Lane, then southerly along Zachary Lane to Old Rockford Road, then westerly along Old Rockford Road to Larch Lane, then northerly along Larch Lane to the point of beginning. Precinct 22. Beginning at the intersection of Zachary Lane and Schmidt Lake Road, then easterly along Schmidt Lake Road to Highway 169, then southerly along Highway 169 to Rockford Road, then westerly along Rockford Road to Zachary Lane, then northerly along Zachary Lane to the point of beginning. Precinct 23. Beginning at the intersection of Zachary Lane and Rockford Road, then easterly along Rockford Road to Highway 169, then southerly along Highway 169 to 36th Avenue, then westerly along 36th Avenue to Zachary Lane, then northerly along Zachary Lane to the point of beginning. Adopted by the City Council on 13th day of March 2012. Page 7 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE 2012 - AN ORDINANCE ADOPTING WARD BOUNDARIES FOR THE CITY OF PLYMOUTH THE CITY OF PLYMOUTH ORDAINS: Section 1. Ward Boundaries. The ward boundaries of the City of Plymouth, Minnesota, are hereby amended as follows: Ward 1. Precincts 1, 2, 3, 4, 5, 6. Ward 2. Precincts 7, 8, 9, 10, 11, 12. Ward 3. Precincts 13, 14, 15, 16, 17. Ward 4. Precincts 18, 19, 20, 21, 22, 23. These precincts are described in Resolution 2012 - The ward boundaries supercede the boundaries established by Plymouth City Charter Section 12.13. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. ADOPTED by the City Council on March 13, 2012. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 8 CITY OF PLYMOUTH RESOLUTION 2012 - DESIGNATING POLLING LOCATIONS BE IT RESOLVED by the Plymouth City Council that the following polling places are designated for the 2012 Primary and General Elections on August 14 and November 6 respectively: Ward 1 1 Wayzata Senior High School 4955 Peony Lane 2 Plymouth Covenant Church 4300 Vicksburg Lane 3 Plymouth City Hall 3400 Plymouth Boulevard 4 Plymouth Covenant Church 4300 Vicksburg Lane 5 Plymouth Creek Center 1480034 th Avenue North 6 Peace Lutheran Church 3695 County Road 101 Ward 2 7 Interfaith Outreach & Community Partners 1605 County Road 101 8 St. Phillips Lutheran Church 17205 County Road 6 9 Parkers Lake Baptist Church 14720 County Road 6 10 Messiah Methodist Church 17805 County Road 6 11 St. Phillips Lutheran Church 17205 County Road 6 12 Wayzata Central Middle School 305 Vicksburg Lane Ward 3 13 Plymouth Creek Center 1480034 th Avenue North 14 Vision of Glory Lutheran Church 13200 Highway 55 15 Armstrong Senior High School 1063536 th Avenue Nroth 16 Christ Memorial Church 13501 Sunset Trail 17 West Medicine Lake Community Club 1705 Forestview Lane Ward 4 18 Beautiful Savior Lutheran Church 5005 Northwest Boulevard 19 Beautiful Savior Lutheran Church 5005 Northwest Boulevard 20 Minneapolis Laestadian Lutheran Church 1303047 th Avenue North 21 Pilgrim United Methodist Church 4325 Zachary Lane North 22 Zachary Lane Elementary School 4350 Zachary Lane 23 Fire Station II 12000 Old Rockford Road Adopted by the City Council on the 13th day of March, 2012. Page 9 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING March 13, 2012 Agenda 8.03Number: To: Laurie Ahrens, City Manager Prepared by: Barbara Thomson, Planning Manager Reviewed by: Steve Juetten, Community Development Director Appeal of a zoning ordinance interpretation Item: relating to potbelly pigs (2012015) 1. ACTION REQUESTED: Move to adopt one of the following: a) A resolution affirming staff's interpretation of the zoning ordinance relating to potbelly pigs; or b) A resolution supporting the appeal, thereby classifying the potbelly pig as a domestic animal. Approval of either resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: Section 20135 of the Plymouth Zoning Ordinance (copy attached) addresses the appeal process. When hearing an appeal, the City Council acts in its capacity as the Board of Adjustments and Appeals. Appeals are only applicable to interpretation of legislative intent. Any opinions and evaluations pertaining to the impact or result of a request are not subject to the appeal process. Justin Chamberlain -Dupree first contacted city staff in early February regarding the keeping of potbelly pigs. Staff responded that potbelly pigs would fall under the definition of farm animal and therefore, would only be allowed in areas zoned future restricted development (FRD). Staff reiterated the same interpretation in all correspondence with Mr. Chamberlain -Dupree. The correspondence is attached. On February 29, 2012, Mr. Chamberlain -Dupree and Nicole Wankel formally appealed the staff interpretation, based on the grounds that the city's zoning ordinance does not specifically name potbelly pigs as farm animals and further, that the U.S. Department of Agriculture does not define potbelly pigs as farm animals. The zoning ordinance defines farm animals and domestic animals as follows: a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals) that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a Page 1 building permit from the City. In addition, it includes rabbits normally sheltered outside the home. (Amended by Ord. No. 2009-07, 05/12/09) b) Farm Animals. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. Amended by Ord. No. 2008-09, 03/25/08) Neither of these definitions specifically refers to potbelly pigs. However, the farm animal definition does include hogs. Staff considered the potbelly similar to a hog in making the zoning ordinance interpretation. Staff notes that the city's authority for planning and zoning comes from the State of Minnesota, not the federal government. Staff also notes that there is no state regulation directing cities in the matter of keeping animals; therefore, this area is a local regulatory matter. If the City Council concurs with the staff interpretation, the council may want to consider amending the zoning ordinance to specifically exclude potbelly pigs from the list of animals allowed in the urban portions of the city. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Letter from Justin Chamberlain -Dupree and Nicole Wankel E-mail correspondence with Mr. Chamberlain -Dupree Section 20135 (Administration — Appeals) of the Zoning Ordinance Photos of potbelly pigs Resolution A Resolution B P:/CommDev/STAFFREP/CC/2012/2012015-Appeal 2 Page 2 Barbara Thomson Planning Manager Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Justin R. Chamberlain -Dupree Nicole Wankel 14235 39th Ave N. Plymouth, MN 55447 28 February 2012 Ms. Thomson, FEB 2 9 2012 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DE This letter is to inform you of our intent to appeal the recent ruling/interpretation of the Zoning Code as it relates specifically to matter(s) 21170.01 Subdivision 4 of the Plymouth Zoning Ordinance and 21005.03 of the Plymouth Rules and Definitions in their respective definitions and classification of Farm Animals, and the decision to classify a potbelly pig as a `Farm Animal'. Our contention is based on the grounds that while the code has specific vernacular defining farm animals there is no specific definition of a potbelly pig as a farm animal; by the definitions laid forth in the code itself a potbelly pig is NOT considered a `Farm Animal'; according to USDA definition the potbelly pig is NOT considered a farm animal. While the code is specific regarding farm animals [Hogs], the potbelly pig itself does not fall under the definition of a farm animal and therefore should not be governed by the same restrictions. Potbelly pigs were bred specifically as pets, are not considered livestock, and have little commercial value on a farm. Most farms similarly recognize and acknowledge the difference between a farm hog and a potbelly pig. I request formally we be allowed to appeal the matter with the City Council. Sincerely, Justin R.-Ghamberlain-Dupree r Nicole I Wankel Page 3 Farm Animal Law & Legal Definition http://definitions.usIegaLcorWf/farm-animal/ USLegal Home Legal Topics USLegal Site Toll Free 1-877-389-0141 Signin Yew Cart Contact SiteMap U.S. Legal Home Search All of US Legal, I Home About Definitions A -Z List Search Definitions Request a Definition USLegal » Legal Definitions Home )> F » Farm Animal Law & Legal Definition Organize your Legal Life"" Download a Personal Planning Package and start the process now. Includes a Will, Power of Attqrney, Living Will and Organization checklist. Farm Animal Law & Legal Definition Definition List Farm Fannie Mae Fannie 97 Nlortmac Fanciful 6larhs Famine Prevention and Freedom from Hunger Improvement Act N Farm Animal Farm Assistance Farm Credit Adinruwatiao Fart Credit Institutions, Farm -4n Farm Income According to 9 CFR 1.1 [Title 9 -- Animals and Animal Products; Chapter I -- Animal and Plant Health Inspection Service, Department of Agriculture], farm animal means "any domestic species of cattle, sheep, swine, goats, llamas, or horses, which are normally and have historically, been kept and raised on farms in the U.S., and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as horses and llamas when used solely as work and pack animals." Related Terms Terms with'Fanu' or `Animal' Anuttal Abandonment Animal Act Animal and Plant Heahh hsDection Service A ninta t at Large Animal Cruelty Animal Damage Control Act Animal Drug Availahilay Act Anvnal Druk Product [Food and Dmgsl Animal Drug User Fee Act or 2003 fADUFAI Arunml Enterprise More Resources from USLegal, Inc.Tm n USLegalforrns.com - Find virtual any form you may need for your State. n Find a Lawyer - Choose from lawyers that are ready to assist. u Ask a Legal Question - Get answers from lawyers. n Law Store - Books, Guides, etc. Sell your products as well. n Join our Mailing List - Join and learn how USLegal is changing the legal landscape. n USLegal Home - Thousands of legal topics and help. 1 of Paleozo12 1:59 PM a.ynrted $a,81e3 t'F¢SrtM50W of f/ h9racuata lC Ms.14dge Greenberg 103658 Beau Jar& St. Logi$, MO 63146 Dear Ms. Greenberg: Animal and 4700 Rlvgr R04a plant Hoath Rivarcata„ Mo 20737 tnZaacrion S4cvao,a FEB 2 Q 5097 This i'enef is in rmsponse to your Wephorte. utquiry concerning the U.S, Dcparument ofAgt'iculture.'s (USDA) classification of pot bellied pigs_ USDA orJy considers pot beflied pigs "livestock," if the gninW is to be imported kom a C*Urttrythathasaswincdiseasestatuswhichcouldbedtirirtacntaltothexwi= industry in the UnitedStattsifthcPigbeingimportedwasinfected. Fat bellied pigs that $rt private pets are erassificdaspetsnotlivcstoclt_ If further clarification is deeded, please call this office at (301) 734-4972. Si,7cerely, Steve Smith Animal Health i'tchrtician AruA mal Care Page 5 United States Animal andMpartmentofPlantHealth 4700 River Road AgriCu€tore Inspection service Riverdale, MD 20737 Ms, Kathleen M. Caren Mt. Springs Lake 16 Quince Tree Lane Jr3 2 47WestMilford, NJ 07480 Dear Ms. Caren: This is in response to your letter of December 16, 1997, requesting a copy of the definition of Farm Animal" and "ExoticAnimal" as stated in the Title 9 Code of Federal Regulations. Title 9 Code of Federal Regulations, Subchapterpart1, Section 1.1 defines "Farm animal" A -Animal Welfare, Of cattle, sheep, swine " "anY domestic speciesnormallygoats, llamas, or horses, which areandhavehistorically, been kept and raised on farms intheUnitedStates, and used or intended for use as food or fiber, or for improving animal nutrition, breeding management, orproductionefficiency, or for improving thefiber. This term also includes animals the qualiyOfI' f and orandchinchilla, when they are used solei rabbits, ink, fur, and animals such as horses and ll Y for purposes le meat or stork and pack animals." auras When used solely as Exotic animal" is defined as "an animaldefinitionof "animal" provided in this part that is native t eforeigncountryorofforeignoriinatiototheUnitedStates, or gwasintroducedfromabroad, n or character, is not e specifically includes animals such as, but not limitedThis termtigers, leopards, elephants, camels lions, kangaroos, and water buffalo, and specieSlofeforeign domestic cattle, such as Ankole, Gayal, and Yak," in the definition of "animal" include do The animals mentionedguineapig, hamster, and rabbit. g' cat, nonhuman primate, We wish to clarify that --in most cases --webelliedpigsaspets. A do consider pot Only when these animals are tineimiordtpor is considered status livestockRestrictionsareimposed. ani to p export status - that may affect the health status pOf the domerevent stictswine3industineithertheimportingorexportingcountyindustryallotherpurposes --considers Y- however, USDA --forbecausetheyarenotbredandraisedtoPetanimalsfiberpurposes. Accordingly, their care and is counprottry forrfaood orwithinthejurisdictionofStateandlocalauthorities_ We hope this information is helpful in explainingthePotbelliedgigasitrelatestoOurrreglti the status of ulations, sincerely, E#t LJGtFtto Bettye X. Walters Veterinary Medical officerAnimalCare p"'a - -D Amer Aat,Wa,,. asst -W Fax Note 7671 a Fram X77 Phane #V j _ .. - xPrintable Page Page 1 of 1 Letter Date: no date Health. and _ Prot ecfion act_.Definition ©tlivestock I actually found this to be helpful information for zoning issues. Below is aa excerpt. H.R.2002 Animal. Health Protection Act (Introduced in House) SEC. 3. DEFINITIONS. As used in this Act: 10) LIVESTOCK- The term -livestock means all farm --raised animals. 15) SECRETARY- The term 'Secretary Means the Secretary of Agriculture. 16) STATE-- The term 'State mems any of the several States of the United States. , or any other territory or possession of the United States. 16) UNITED STATES-- The term 'United. States means all of the States. This page was primed from http://www.petpigzone.com Page 7 u_.fr.._..... .ate .,., /G}D7fi1R1Prn# I atfinr rlcataile PRI IT acn?tfl— 7/019())8 , Cc: jrogers@aphis.usda.gov, khandy@aphis.usda.gov Subject: Exotic animal definition October 26, 1997 Dear Ms. Nancy Crusan: Your request for information on the definition of "exotic" animals has been forwarded to this office for response. The U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care administers and enforces the Animal Welfare Act (AWA). The AWA covers most warm-blooded animals used in regulated activities, such as exhibition, wholesale pet trade, transportation in commerce, and research. In Section 1.1 of the animal welfare regulations and standards (9 Code of Federal Regulations, Chapter 1, Subchapter A) "exotic animal" is defined as "any animal not identified in the definition of animal" provided in this part that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers, leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gaya], and Yak." THE animals mentioned in the definition of "animal" include dog, cat, nonhuman primate, guinea pig, hamster, and rabbit. According to this definition, the pot bellied pig is considered an exotic animal under the AWA. Please remember that this designation under the AWA is for regulated purposes only. We recommend that you contact the Veterinary Services program to obtain their classification of the pot-bellied pig. Your original request ;has been forwarded to them for consideration, but you may wish to contact them through Ms. Kathy Handy at khandy [a@aphis.usda.gov. Please contact Animal Care at (301) 734-7833 is you wish to obtain a copy of the AWA and the regulations and standards. You may also wish to visit our home page at www.aphis.usda.gov/ac. Sincerely, Barbara Kohn Senior Staff Veterinarian Animal Care Page 8 Barb Thomson To: Justin R. Chamberlain -Dupree Cc: Marie Darling Subject: RE: farm animals and animal regulations Attachments: no-reply@ci.plymouth.mn.us_20120216_120155.pdf Dear Mr. Chamberlain -Dupree, My interpretation of the zoning ordinance with respect to potbelly pigs is the same as the interpretation you received from Marie. Potbelly pigs fall under the definition of farm animals and therefore, are not allowed in the city except in areas zoned FRIG (future restricted development). FRD zoned properties are located in the northwest part of the city. If you wish to continue to pursue this matter, you have two primary options at this point. You can appeal my interpretation to the City Council within 30 days, stating the specific grounds upon which the appeal is made. Staff will prepare a report on the appeal that will be placed on a City Council agenda. The council must make a decision on an appeal within 60 days of receiving a complete appeal request. I have attached the section of the zoning ordinance relating to appeals. You can also apply for a text amendment to the zoning ordinance, as Marie indicated in her e-mail. There is no fee associated with an appeal; there is, however for a text amendment. I would further add that staff would not support a change to the ordinance to allow potbelly pigs as pets Sincerely, Barbara Thomson Barbara G. Thornson, AICP I Planning Manager From: Justin R. Chamberlain -Dupree [mailto:Justin.chamberlaindupree@gmail.com] Sent: Tuesday, February 14, 2012 1:00 PM To: Barb Thomson Subject: Fwd: farm animals and animal regulations Good afternoon Barbara. My name is Justin R. Chamberlain -Dupree and I am contacting you regarding a matter with the zoning code, more specifically the ownership of a potbelly pig as a pet in the city. I have discussed this matter in some lenuth with Senior Plamier Marie Darling who had a particular interpretation of the code. She also informed me that I was able to appeal her interpretation to you. My only question is how do I formally go about appealing her interpretation? Is there in fact some formal action in which I must engage or is it rather a matter of me sending you an entail with my supporting documentation? I have included some of my most recent correspondences with Ms. Darling so that you could have some additional background into the nature of my request. I am more than happy to provide any additonal information and feel free to respond by phone if that would be more appropriate. My sincerest thanks for your time in advance. Page 9 Justin R. Chamberlain -Dupree Cell - 952.239.5786 From: Marie Darling <MDarting c plymoutlimn.gov> Date: February 8. 2012 9:46:35 AM CST To: Justin Chamberlain -Dupree <justin.cllamberlainsJupree t_1,!mail.com> Subject: RE: farm animals and animal regulations I believe you have two options. The first is to appeal my interpretation of the code to the Zoning Administrator (Barbara Thomson) and the second would be to request a text amendment to the zoning code to amend the animal definitions to allow pot-bellied pigs. I attached a checklist of information you would need to submit for a zoning text amendment. The Council has a great deal of discretion with a text amendiTIent of this nature and is under no obligation to approve the request. I advised you to speak to your Councilmember or the Mayor before submitting this type of application to determine what kind of council support you would have before you submit an application (as there is expense and time involved). Let me know if you need any assistance in determining who your district council representative is, The city has 120 -days to make a decision on a request for a text amendment, although the timeframe is typically much shorter depending on the complexity of the application and public hearing scheduling requirements. Marie Darling, AICP I Senior Planner City of Plymouth mdarling@plymouthmn.govoov 3400 Plvmotith Boiilevard Plymouth, hits 55447 Phone: 763-509-5457 - Fax: 763.509-5407 www_ ()tVsTIoI.lthaTln.('nV From: Justin Chamberlain -Dupree [mailto:justin.chamberlaindupree@gmail.comj Sent: Wednesday, February 08, 2012 9:22 AM To: Marie Darling Subject: Re: farm animals and animal regulations Marie, Thank: you again for your assistance thus far. I do however have a few more questions to ask if you would be so kind. I recall yesterday you mentioned a few options we had to explore regarding this matter, for instance contacting our local representative or engaging in something I believe you referred to as a 'tax amendment'. Could you elaborate a bit on the options you presented yesterday during our phone call? Similarly we were instructed at one point by one of the city staff members to bring the issue up at one of the local city council meetings, to which I believe you also alluded in our conversation on the phone, Page 10 Could you tell me more about this measure? Would this be appropriate at this juncture? What sort of decision would the council be able to arrive upon and in what time frame generally? Etc. Once again I do sincerely appreciate your time and thank you again in advance. Justin R. Chamberlain -Dupree On Tue, Feb 7. 2012 at 3:47 PM, Marie Darling.<i\rlDarling((i?pIN,iiioLlthllln.go%,> wrote: Please let me know if you have any questions. Marie Darling, AICP I Senior Planner City of Plymouth mdartini_l@ptymouthmn.gov 344 t'IyMOUL11 BOLI[eWif (I Plyrnnttth, M-) 55 4-17 Phow, 763-509-5457 - Fax: 763-509-5407 WY?W. P(Y l'1)'jU I 1-111111. ,CA' Justin R. Chamberlain -Dupree 952.239.5796 Appform.pdt'> cheeklist.zoning ordinance text amendlnent.docx> 3 Page 11 PLYMOUTH ZONING ORUINANCE SECTION 21035 - ADMINISTRATION - APPEAL 21035.01. BOARD DESIGNATION: The City Council shall serve as the Board of Adjustments and Appeals. 21035.02. APPLICABILITY: An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 21035.03. FILING: An appeal from the ruling of an administrative officer of the City shall be filed by the property owner or their agent with the Zoning Administrator within thirty (30) days after the making of the order being appealed. 21035.04. STAY OF PROCEEDINGS: An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals. after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be staved other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City. 21035.05. PROCEDURE: The procedure for making such an appeal shall be as follows: Subd. 1. The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. (:amended by Ord. No. 2010-21, 11/23110) Subd. 2. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals, Subd. 3. The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days frorn the date on which a completed application is filed. Subd. 4. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail. 21035.06. APPEALS FROM THE BOARD OF ADJUSTMENT AND APPEALS: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes., Chapter 462, as such statutes may be from time to time amended. supplemented or replaced. 21035-1 Page 12 TIFT- vy VK I RESOLUTION A CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION AFFIRMING CITY STAFF'S INTERPRETATION OF THE CITY'S ZONING ORDINANCE PERTAINING TO POTBELLY PIGS (2012015) WHEREAS, on February 28, 2012, Justin R. Chamberlain -Dupree and Nicole J. Wankel requested an appeal of the interpretation of potbelly pigs as farm animals. WHEREAS, when hearing an appeal, the City Council acts in its capacity as the Board of Adjustments and Appeals. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does affirm city staff's interpretation of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs, subject to the following finding: 1. City staff correctly interpreted the legislative intent of the applicable provisions of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs as farm animals. ADOPTED by the Plymouth City Council on March 13, 2012. 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 March 13, 2012, 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 15 RESOLUTION B CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION SUPPORTING THE APPEAL OF CITY STAFF'S INTERPRETATION OF THE CITY'S ZONING ORDINANCE PERTAINING TO POTBELLY PIGS (2012015) WHEREAS, on February 28, 2012, Justin R. Chamberlain -Dupree and Nicole J. Wankel requested an appeal of the interpretation of potbelly pigs as farm animals. WHEREAS, when hearing an appeal, the City Council acts in its capacity as the Board of Adjustments and Appeals. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does support the appeal of city staff's interpretation of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs, subject to the following finding: 1. City staff incorrectly interpreted the legislative intent of the applicable provisions of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs as farm animals; potbelly pigs are correctly classified as domestic animals. ADOPTED by the Plymouth City Council on March 13, 2012. 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 March 13, 2012, 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 16 9.01 CITY OF PLYMOUTH, MINNESOTA COMMUNITY DEVELOPMENT DEPARTMENT 2011 ANNUAL REPORT City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 763)509-5400 January 27, 2012 Page 1 CITY OF PLYMOUTH COMMUNITY DEVEOPMENT DEPARTMENT 2011 ANNUAL REPORT DEPARTMENT OVERVIEW The Community Development Department is comprised of four divisions: planning, protective inspections (building), housing and redevelopment (housing) and support services. Department staff supports the work of the city's Planning Commission and Housing and Redevelopment Authority. The 2011 members of both are listed below along with a chart that shows the department organization. 2011 PLANNING COMMISSION MEMBERS Jim Davis, Chair (Ward 1) Marc Anderson, Vice Chair (Ward 2) Bryan Oakley (At -Large) Scott Nelson, (Ward 3) Gordon Petrash (At -Large) Dick Kobussen (Ward 4) Nathan Robinson (At -Large) 2011 HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS Jeff Kulaszewicz, Chair Paul Caryotakis, Vice Chair David Miller, Secretary Bob Stein, Council Representative Jim Willis, Council Representative 2011 COMMUNITY DEVELOPMENT DEPARTMENT ORGANIZATION Community Development Director Support Services Housin¢ Protective Inspections Planning Support Services Housing Manager Building Official Planning Manager Manager HRA Specialist (1) Housing Technician 1) Office Support Specialist (1) Office Support Rep (2) Building Inspector (6) HRA Specialist (1) 1 1 Electrical Inspector (1) Housing Inspector (1) Fire Inspector (2) Senior Planner (3) Page 2 2011 PLANNING DIVISION The planning division supports both the long range and current planning activities of the city. Long range planning activities include preparation of updates to the city's comprehensive plan and annual updates to the city's zoning ordinance and subdivision regulations. Current planning activities include coordination of the review of development applications as well as review of all building permits for conformity with planning and zoning requirements. COMPREHENSIVE PLAN AMENDMENTS The city approved two land use guide plan amendments in 2011. The first amendment involved the re -guiding of the former Plymouth Shopping Center site to mixed use (MXD) to allow a redevelopment with both commercial and housing uses. This re -guiding was the city's first application of the mixed use classification since being added to the comprehensive plan in 2000. The city initiated the second amendment to re -guide two parcels at the intersection of Harbor Lane and Fernbrook Lane from commercial office (CO) to commercial (C). This re -guiding was undertaken in conjunction with a rezoning request to allow an existing catering restaurant to transition to a full service restaurant. AMENDMENTS TO ZONING AND SUBDIVISION REGULATIONS When the zoning ordinance was adopted in 1996, the city recognized it would be necessary to make additional adjustments and modifications. Many such changes have been made every year since, and updating the ordinance has now become an annual activity. This year staff initiated work on twoupdates to the zoning and subdivision regulations. The mid -year update addressed the recent change in state law regarding variances plus added and revised a number of definitions in the zoning ordinance. The end of the year update has not yet gone through the public process. However, substantive changes proposed include revamping of the city's restaurant definitions, a requirement for the property owner to sign a request for extension of various planning approvals, and allowance for individual tenant signs in all multi - tenant commercial or industrial properties. PLANNING AND ZONING APPLICATIONS The city received or initiated a total of 109 new planning projects in 2011. Since many projects required multiple applications, a total of 134 separate planning and zoning applications or studies were processed in 2011. The number of applications and projects for the last ten years is shown on 2 Page 3 the chart on the previous page. A detailed breakdown by type of application for this same time period is included as an attachment to this report. In 2011, the Planning Commission held 20 regular meetings. The commission held 32 public hearings. In 2011, 17 projects that the commission reviewed did not require public hearings and were either placed on the consent list for the commission's action as "routine" items or considered as new business without a public hearing. The overall number of reviews was greater than last year, reflecting the continuing availability of residential land in northwest Plymouth Planning Commission Reviews and the strong desire for new housing in 120 the Wayzata school district. The 100 majority of projects on which the 80 s Planning Commission made 60 a $ 4 2 . Consent ist recommendations to the City Council 2 s 40 Publicwereplacedonthecouncil's consent list. g Hearings Many of the planning applications 20 submitted were eligible for 0 N o 0 0 0 0 0 0 0 0 administrative approval by staff and did N N N N N N N N N N not require Planning Commission review. MAJOR DEVELOPMENT PROJECTS At the end of 2011, the city received a site plan application for a 275,000 square foot expansion of St. Jude Medical located just west of Highway 169 and north of Schmidt Lake Road. The City Council approved the request at its January 24, 2012 meeting. Throughout 2011, the City Council also approved a number of residential developments. The city's planning and zoning review of development plans precedes the final approval of building plans for construction by months or perhaps a year or more. However, the city is already seeing building plans for several of the plats approved in 2011. RESIDENTIAL PROJECTS The chart shows that there was very little residential development between 2002 and 2004 and between 2006 and 2009. While the economy played a role in the later years, the primary driver of limited development during these years was the lack of developable residential land. Nearly 75% of the large increase in 2005 can be attributed to Taryn Hills and the city's senior development at Vicksburg and Highway 55. With the approval of Taryn Hills, the majority of the land in the urban service area had development approvals. Residential Preliminary Plat Ft Site Plan Applications 1600 1400 1200 1000 Multiple 800 Family 600 single Family400 200 0 N O N O O O O O O O 3 Page 4 Since the expansion of the urban service in 2009, the city has seen a steady increase in residential platting. The majority of the land added in 2009 is guided for low density residential use, which is reflected in the chart above. 2011 PLANNING AND ZONING APPLICATIONS RESIDENTIAL PRELIMINARY PLAT/SITE PLAN APPLICATIONS COMMERCIAL/INDUSTRIAL PROJECTS In 2011, applications for commercial and industrial projects totaled nearly 353,000 square feet of proposed building area. By far the greatest single expansion was the 275,000 square foot expansion at St. Jude Medical. However, this expansion, together with the other additions as well as the expansion at Hazelden noted below may indicate that the economy is showing greater signs of recovery. Commercial and Industrial Planning Feet 5,235 Twin City Fan s 3" AdditionHam7Meadows 2011002) 114 single family Spri2 Addition 2011019) 68 single family The 3d Addition 2011066) 1 new single family Churchill Ridge 2nd Addition 2011071) 1 new single family Gleason Lake Heights Addition 2011085) 2 new single family Terra Vista 2011095) 127 single family Hampton Hills South Plateau 2011097) 63 single family 376 TOTAL new living units COMMERCIAL/INDUSTRIAL PROJECTS In 2011, applications for commercial and industrial projects totaled nearly 353,000 square feet of proposed building area. By far the greatest single expansion was the 275,000 square foot expansion at St. Jude Medical. However, this expansion, together with the other additions as well as the expansion at Hazelden noted below may indicate that the economy is showing greater signs of recovery. 2011 PLANNING AND ZONING APPLICATIONS COMMERCIAL AND INDUSTRIAL PROJECTS Project- Aljon Tool (addition) Commercial and Industrial Planning Feet 5,235 Twin City Fan Applications 19,200 800,000 2011033) 3,648 700,000 2011064) 49,152 600,000 2011072) 731 500,000 2011081) 275,000 Aao0,000 TOTAL s"" m 300,000 200,000 100,000 0 2011 PLANNING AND ZONING APPLICATIONS COMMERCIAL AND INDUSTRIAL PROJECTS Project- Aljon Tool (addition) 2011007) Feet 5,235 Twin City Fan 2011015) 19,200 Dance Shoppe (addition) 2011033) 3,648 Turck, Inc. (addition) 2011064) 49,152 Plymouth Station Auto Center (addition) 2011072) 731 St. Jude Medical 2011081) 275,000 TOTAL 352,966 PUBLIC/INSTITUTIONAL PROJECTS In 2011, the city undertook modest improvements at a number of its many parks and playfields. The two most significant institutional projects were the nearly 50,000 square foot expansion at Hazelden Center and the 90 -unit senior facility at Crossroads Commons (the former Plymouth Shopping Center site). 4 Page 5 2011 PLANNING AND ZONING APPLICATIONS PUBLIC/INSTITUTIONAL PROJECTS 2011 BUILDING DIVISION The building division is responsible for the issuance of building permits and for inspections during construction. Typically, building permit activity will rise and fall with the level and type of planning and zoning applications. Permits tend to lag behind planning applications by as much as a year or more as large projects may take several years to build out. Building permit numbers and values reflect the new construction and improvement of property, and ultimately the increase in property values and tax base, as a result of the planning efforts of the city and its property owners. The total number of all types of permits issued in 2011 was slightly less than 2010. However, the total value was higher in 2011. Total permits include building permits and "other" permits that include plumbing, mechanical, electrical, sewer and water, sign permits, grading and moving permits and a few other miscellaneous types. The Number of Permits and Valuation number of building permits, Building Permits Excluding Other Types excluding the "other" types, was 7,000 $250,000,000 also less than in 2010, but the 61000 o a $ 200,000,000 total value in 2011 was 5,000 150.000,000 significantly higher. Looking 'E 1100° y000 Iaion back to the high year of 2008, a 3, $ 100,000'00° 2,000 good part of the large increase $50,000.0 1,000 experienced that year can be 0 $° attributed to the roof and siding $ n N repairs following a major storm in June of that year. 5 Page 6 Hlei i Wayzata East Middle School 2011006) Parking lot addition for bus staging The Waters Senior Living 2011014) 62 assisted living units; 28 memory care units Elm Creek, Oakwood, Parkers Lake, Plymouth Creek and Zachary Pla fields, Plymouth Middle School 2011021 2011025) Replacement and addition of athletic field lighting Egan Dog Park 2011032) Expansion of dog park Plymouth Creek Park 2011045) Addition of skate park, shade structure and batting cage1HazeldenCenter2011065) 48,954 square foot building expansion 2011 BUILDING DIVISION The building division is responsible for the issuance of building permits and for inspections during construction. Typically, building permit activity will rise and fall with the level and type of planning and zoning applications. Permits tend to lag behind planning applications by as much as a year or more as large projects may take several years to build out. Building permit numbers and values reflect the new construction and improvement of property, and ultimately the increase in property values and tax base, as a result of the planning efforts of the city and its property owners. The total number of all types of permits issued in 2011 was slightly less than 2010. However, the total value was higher in 2011. Total permits include building permits and "other" permits that include plumbing, mechanical, electrical, sewer and water, sign permits, grading and moving permits and a few other miscellaneous types. The Number of Permits and Valuation number of building permits, Building Permits Excluding Other Types excluding the "other" types, was 7,000 $250,000,000 also less than in 2010, but the 61000 o a $ 200,000,000 total value in 2011 was 5,000 150.000,000 significantly higher. Looking 'E 1100° y000 Iaion back to the high year of 2008, a 3, $ 100,000'00° 2,000 good part of the large increase $50,000.0 1,000 experienced that year can be 0 $° attributed to the roof and siding $ n N repairs following a major storm in June of that year. 5 Page 6 The chart on the previous page shows both the number of building permits issued and the value of permits (excluding "other" permits). Building permit value totaled roughly $154.5 million in 2011, compared to a total of $99.6 million in 2010 and $94.5 million in 2009. Below is a chart showing the number of building inspections performed annually since 2002 and the fees collected during the same period. Number of Inspections Performed Permit Fees Including Inspections without Permits) Ss,000 $7,000,000 30,WO $caoo,000 31.000 $5,000,000 zo 00 aa.aoo.aoo AU OtherPermits s,000 as,aoo,aoo Building s3,a0o,ao0 s.wo S4000,000 1o $o r r g n r $ r 2 1h i i A 2 a 4 r g, r RESIDENTIAL PERMITS The next chart shows the number of new dwellings permitted over the last ten years. During Plymouth's highest period of growth in the 1980s, the city averaged about 800 new units per year. Single family detached homes represented roughly 64% of the units permitted in 2011. This is the third year in a row where detached units were by far the dominant housing type receiving permits. The total number of residential permits, the highest since 2005, reflects the demand for housing in northwest Plymouth. 6 Page 7 Dwelling Units Permitted 1,200 1,144 1,000 800 647 864 600 366 Multiple Family 332 288 Townhome 400 253288 221 133 single Family 28 145170 4 75 200 165 179 82 0 0 187 114 0 165 123 66 0 N 0N 0N 0N cc 0 c i c N 0N c 0 i N Single family detached homes represented roughly 64% of the units permitted in 2011. This is the third year in a row where detached units were by far the dominant housing type receiving permits. The total number of residential permits, the highest since 2005, reflects the demand for housing in northwest Plymouth. 6 Page 7 The adjacent chart shows the average permit value for new single family detached homes built in Plymouth in the last 10 years. The value does not include the price of land, only the residential structure The average permit value for single family detached units in 2011 was $385,691, the highest since the 2008 recession. The average permit value of townhome units, $192,8 10, was significantly less than for detached units and higher than the 2007-2010 figures for attached units. The single apartment project is for work force housing, which explains the relatively modest value. Average Permit Value Per Unit All Multiple Family Units 250,000 200,000 150,000 — — Tew no ses 100,000 Other Multiple Pamily 50,000 0 0A 0 _ O O O O O O O O O O O O O O O O O O N N N N N N N N N N COMMERCIAL AND INDUSTRIAL PERMITS The chart below shows the value of commercial and industrial permits for the last ten years. In 2011, the value of new permits (not including alterations to existing buildings) was $1,932,534, the majority of which was related to construction of a new building at Twin City Fan. In 2011, as in the preceding nine years, "other" commercial and industrial permits (for projects such as remodeling, additions and tenant finishes) significantly exceeded the value of new construction, with permits issued valued at $34,143,887. As noted earlier, the increased value in 2011 of "other" commercial and industrial permits may be an indication of greater confidence in the health of the economy. 2011 HOUSING DIVISION Commercial and Industrial Permit Values 80,000,000 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 o 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N New Construction Other Permits The Plymouth Housing and Redevelopment Authority (HRA) administers a variety of programs including the community development block grant program (CDBG), independent senior rental communities, affordable housing assistance and Section 8 housing choice voucher program (Section 8). CDBG PROGRAM The CDBG program operates on a fiscal year from July 1 to June 30, so the most recent full year includes July 1, 2010 to June 30, 2011. The table on the next page shows activities in the variety of 7 Page 8 programs offered through the CDBG program for the past 61/2 years. During this period, funding for CDBG has varied from a high of $329,850 in 2008, which included stimulus funds, to a low in 2009 of $263,199. Going forward, Plymouth will most likely see further funding reductions as the federal government struggles with balancing the budget. The HRA also received program income PI) that varies from year to year, further impacting how much funding is available to assist Plymouth residents. TOTAL C, 737,532 WL 142,830 305,651 Housing -1,710 + im 2005 302,984 112,000/ 112,000/ N/A 46,000 Housing -225 7/1/2005- P.I. $119,718 275,119 / 11 98,085/8 Youth -1,513+ Senior -N/A 6/30/2006 Transp. - 6,281+ Youth - 68 Transportation - 984 2006 272,208 106,229/ 107,229/ N/A 44,271 Housing - 256 7/1/2006- P.I. $175,198 176,945/9 118,863/8 Senior -N/A 6/30/2007 Youth - 84 Transportation -888 2007 269,761 102,776/ 102,776/ 2,830 43,500 Housing - 285 7/1/2007- P.I. $92,695 127,374/6 99,928/8 Senior -N/A 6/30/2008 Youth - 247 Transportation -1,609 2008 329,850 131,000/ 76,392/ 55,000 40,000 Housing - 346 7/1/2008- P.I. $58,179 103,387/5 105,361/6 Senior -N/A 6/30/2009 Youth - 437 Transportation- 1,032 2009 263,199 130,000/ 54,199/ 15,000 42,000 Housing - 314 7/1/2008- P.I. $135,000 211,162 / 10 99,624/9 Senior -N/A 6/30/2010 Youth - 250 Transportation -1,203 2010 284,254 85,527/ 85,527/ 30,000 53,965 Housing - 284 7/1/2010- P.I. $11,249 91,477/5 89,435/6 Senior -23 6/30/2011 Youth - 427 Transportation - 565 2011 YTD 238,411 70,000/ 60,000/ 40,000 35,815 Current year 7/1/2011- P.I.25,000 29,835/3 117,178/5 6/30/2012 TOTAL 1,960,667 737,532 598,123/ 142,830 305,651 Housing -1,710 + P.I. $617,039 1,025,299 / 49 728,474 / 50 Senior - 23+ Youth -1,513+ Transp. - 6,281+ P.I. = Program Income/Repayments 2008 includes $70,458 in CDBG-Recovery/ARRA Funds - Grant allocated to FTHB and Rental Housing Assistance Housing Services includes: Child Care Assistance, Homeownership Training, Mortgage Foreclosure Prevention and Tenant Advocacy AFFORDABLE HOUSING ACTIVITIES In 2011, the HRA worked together with the city on providing assistance to two multi -family rental housing projects that were approved. The HRA and city provided $604,000 to assist Sand Companies with the construction of 67 affordable apartments called West View Estates. This apartment community is projected to open in late spring 2012. The HRA worked with the city to create a tax increment financing (TIF) district to assist Quest Development with the construction of 157 mixed income apartments. Quest is currently assembling financing for this project and anticipates beginning construction in the summer of 2012. Page 9 SENIOR HOUSING The HRA owns two independent living senior apartment buildings that are managed by Grace Management. Plymouth Towne Square (PTS), built in 1994 with 99 units, offer affordable rents to the residents based on each household's monthly income. In 2011, PTS had revenues of $919,551 and expenditures of $905,551. Included in the revenues is a subsidy of $240,000 from the HRA tax levy. The 2011 occupancy averaged 99%. Vicksburg Crossing, built in 2006 with 97 units, offer affordable rents to low and moderate income residents. The HRA Board sets rents on an annual basis. In 2011, Vicksburg Crossing had revenues of $1,134,119 and expenditures of $1,101,410. Included in the revenues is a subsidy of 24,000 from the HRA tax levy. The occupancy for 2011 averaged 95%. SECTION 8 (Administered by the Support Services Division) The Section 8 housing choice voucher program is a federal program to assist very low income families, the elderly and the disabled to afford decent, safe and sanitary housing in the private market. The city is responsible for administering this program in Plymouth, which involves determining the eligibility of applicants and performing an annual inspection of every unit for which a voucher is issued. Annual program funding is based on expenses incurred in the previous year. The amount of support Plymouth receives reflects the city's tight rental market and Section 8 Inspections 800 Performed 600 400 200 0 tfl.7n Inspections performed by Inspections Division 200 150 100 50 Section 8 Housing Choice Voucher Program 2007 (424) 2008 (414) 2009 (407) 2010 (382) 2011 (384) Mainstream Enhanced Port -Out Housing Choice Port -In 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 5)01000 Section 8 Finances I 1 fR II I I M I 16M9 I N I fA M I I GH M 1 I^ MfA I rj IMrN M I Q, toIM. II I I I II 1 500,000) 2007 2008 2009 & 2010 2011 MLnC Revenue Expenditures L Difference 00. 9 Page 10 relatively high rents. The tables show the program activity over the past five years. 2011 SUPPORT SERVICES DIVISION The support services division is responsible for scheduling and recording all inspections and for issuing rental licenses. The city inspects non -apartment rental units every other year and 20% of the units in all apartment developments annually. The tables illustrate the activity in both areas over the past five years. Rental Inspections Performed 1200 1000 800 600 400 200 0 2007 2008 2009 2010 2011 Inspections performed by Inspections Division ATTACHMENTS Table: Planning and Zoning Applications, 2002 - 2011 List of 2011 Planning Application Files Table: Building Permits: Number of Permits, Fees and Valuations by Year 2002 - 2011 O:\CD ANNUAL REPORTS\2011 CD Annual Report.doc 10 Page 11 Support Services Inspections 40,000 Scheduled & Recorded 35,000 Department 30,000 Phone Calls Received 25,000 Permits Issued 20,000 15,000 Rental 10,000 Licenses Issued 5,000 0 n M - N NLL Rental 0 Dwelling Units 2007 2008 2009 2010 2011 ATTACHMENTS Table: Planning and Zoning Applications, 2002 - 2011 List of 2011 Planning Application Files Table: Building Permits: Number of Permits, Fees and Valuations by Year 2002 - 2011 O:\CD ANNUAL REPORTS\2011 CD Annual Report.doc 10 Page 11 Planning and Zoning Applications, 2002-2011 Type of Application 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Comprehensive Plan Amend (CPA/ LUGPA/CPU) 2 10 5 6 2 2 l 1 4 2 Rezoning (RZ) 5 11 10 19 6 5 4 4 10 9 Site Plan (SP, SP -AA) 8 13 10 12 6 6 4 0 3 0 Site Plan Amendment (SPA, SP -AA) 21 19 22 30 18 12 21 4 4 10 Site plan Modification (SP MOD) 19 32 26 28 31 30 23 27 25 24 Lot Division (LD) 6 1 0 0 0 0 0 0 0 0 Lot Consolidation (LC) 5 1 0 0 0 0 0 0 0 0 Minor Subdivision (M SUBD.)* 3 2 8 2 1 3 1 0 0 0 Official Map 0 0 0 0 0 0 0 0 0 0 Preliminary Plat (PP) 10 11 8 14 11 8 4 6 11 10 Final Plat (FP) 19 9 12 11 13 10 6 7 14 14 PUD Sketch Plan 0 1 0 0 0 0 0 0 0 0 PUD General Plan (PUD GPN) 0 1 1 3 1 t 2 1 3 3 PUD Final Plan (PUD FP) 3 3 l 7 2 2 1 2 3 5 PUD Amend (PUD A) 6 4 7 4 3 3 5 t 3 5 Conditional Use Permits & Amend (CUP) 21 22 28 30 23 16 8 7 10 t0 Interim Use Permit (IUP) 2 4 8 10 3 1 5 1 5 1 Variance (VAR) 50 28 41 35 22 31 23 18 8 6 Minor Variance (M VAR) 6 5 6 14 3 6 3 3 3 0 Administrative Permit (AP) 35 26 23 12 23 15 24 21 24 23 Home Occupation (HOL) 1 6 3 4 5 2 2 1 3 2 Environmental Assessment Worksheet 0 0 1 0 0 1 2 0 0 0 Sketch Review 3 3 1 1 2 3 0 0 1 0 Zoning Text Amendment (ZOTA) 11 5 7 4 6 5 6 4 4 3 Capital Improvements Program (CIP) 2 1 0 1 1 1 1 1 Other 2 3 t 2 4 6 6 Total 233 217 224 255 185 134 148 113 145 134 Minor Subdivision was a new application type in 2003; it was discontinued in 2009. 0:11'Ian/Annual Reparls1201 i Planning Applications Table Page 12 2011 PLANNING FILES NUMERICAL INDEX YEAR FILE NO. DEVELOPERIAP.PLICANT -" DESCRIPTION APPLICATION IS FOR - SECTION µ2011 2011001 Wenzel Heating New generator at Auer Steel Admin. 34 2011 2011002 Hampton Hills Investment, LLC Hampton Hills 3rd Addition RZ/PP 4, 9 2011 2011003 Pulte Group The Willows Second Addition FP 4 2011 2011004 MFRA, Inc. Arbor Grove 2nd Addition FP 7 Parking lot addition at 3750Annapolis20112011005Anderson Engineering Plan Modification 15 Lane Parking lot expansion for bus stagingat20112011006jINSPEC, Inc. SPA 35 Wayzata East Middle School Building addition at Aljon Tool at 15700 v 2011 1 2011007 ARCHNET 1 SPA 21 28th Avenue_ _ _ _ d 2011 I 2011008 !Nelson UMOC LLC Addition of dock lift and generator at Plan Modification 34 113755 First Avenue -- - +-..- . - -- - ---- - Construct retaining wall at PlymouthCreek20112011009INSPEC, Inc. PlanModification jElementaiy ____ lnstallatron of antennas and related---- I----- - -- Admin. i 17 2011 2011010 T -Mobile Central LLC I 24 equipment at 3515 N. Highway 169 antennas and equipment at 3515 jAdmin. IN. Highway 169 I2420I126] 10] 1 1Upgrade AT & T Mobility Zoning ordinance text amendment toadd2011 2011012 I City of Plymouth IOTA definitions 20112011013 Gonyca Company Taylor Creek 2nd Addition FP 4 Crossroads Commons at Highway 55 and LUGPA PP FP PUDA 2011 2011014 Oppidan, Inc. County Road 73 Wettand Reclassification 35 Second buildingat5959 Trenton; primary 2011 2011015 Bauer Design Build, LLC building over 50% office CUP, SPA 1 Establish restriced parking areas atWest20112011016Escom Properties Health Plan Modification 22 Establish corporate giving garden at West 201 1 20I1017 Escom Properties Plan Modification 22 Health Denial of access to two sides of property 2011 2011018 Steve Kluck located at 2420 E. Medicine Lake Other 25 Boulevard 2011019 Gonyea Company _. - I 2011020 !Buell Consulting Spring Meadows 2nd Addition- -- I- RZ PP FP5 2011 2011 Installation of antennas and related Admin. 24 equipment at 3515 N. Highway 169 1Additional lighting at Elm Creekand2011i2010021Cityof Plymouth CUPS i 7, 14 Zachary I layfields antennas and equipment at701 iUpgrade 2011 2011022 iAT & T I Berkshire Admin. 34 Lane ; I :Installation of two tanks and a generator atj20I1201102317'arraf Construction, Inc. 13804 Annapolis Plan Modification, Admin. 15 2011 2011024j FHMC County 1sntallfiberopticequipmentat 4000 Road 101 Lighting upgrades at Plymouth Creek, Plan Modification 18 2011 2011025 City of Plymouth Plymouth Middle School, Oakwood and CUP The Home Depot Parkers Lake Parks Landscape screening I Plan Modification272011 2011026 i 2011027 Fendler Patterson Construction Trash enclosure at 4105 Vinewood Lane Plan Modification15 2011 2011 2011028 iHans Hagen Homes Add elothes sales under 10,000 square feetj PUDA as a permitted use at Plymouth Station { 20 2011 2011029 iEniva Corporation _ -- - - ; Reduced 15 of Plymouth, LLC parking at 2200 Campus Drive i Plan Modification Providence Pointe FP Final PUD Plan i 22320112011030 iLandmark 2011 2011031 IWayzata School District Addditiou of dayeare center at Interfaith PUDAi 30 Outreach ---- -- ------ Expansion of clog park south of Countyj20112011032CityofPlymouthRoad 47 PP FP 5 OAPLAN1ANNr1AL REPORTSV2011 PLANNINCPIhf eullICAL 2011 PLANNING FILES NUMERICAL INDEX YEAR FILE NO.. DEVELOPER/APPLICANT DESCRIPTION APPLICATION IS FOR - - SECTION I 2011 2011033 :O'Mara Architects Expansion of Dance Shoppe at 2800 RZ PUD General Plan 22 Fernbrook lane 2011 1 2011034 !Wayzata Public Schools Amend requirements for scoreboards ZOTA i 2011 2011035 Todd Kronebusch Expand legally non -conforming setback Admin 20 Antenna and related equipment installation 2011 2011036 T -Mobile Central LLC Admin21 at 15606 32nd Avenue 2011 2011037 Cornerstone Auto Resource Expand vehicle sales area RZ PUD General Plan PUD 15 Final Plan Upgrade antennas and equipment at 10805 2011 2011038 AT & T Old County Road 15 Admin. 36 Window washing business at 15620 9th20112011039DavidFelt HOL Avenue 33 2011 i 2011040 Diane Evans/City of Plymouth Parking improvements at Egan Dog Park I SPA 5 I Nighttime street construction on Annapolis 2011 j 2011041 jJim Renneberg/C4 of Plymouth Noise VAR and Berkshire near Rockford Road 15 Upgrade antennas and equipment at 19020 + 2011 I 2011042 !AT&T Admin. 7 Hamel Road Parking lot addition at 1920 Xenium SPAd— - t 1920 e —_ .— - —, - - - - ialof to TraillL 272011011043SpectrumScreenPrinting, Inc. T--------- 2011 2011044 Dale Ortlip access r Other property located at 505 et 35 Lowell Luebeck/Reginn Michaud/City Skate park and other small improvements I20112011045i SPA 16 W Plymouth at Plymouth Creek Park Upgrade antennas and equipment at 3950 iI 2011 2011046 AT&T I I Admin. 18 County Road 101 aInstallsolarpanelsalongproperty -lin -et - 2011 2011047 'Tryge Svard VAR 11 12075 48th Avenue 2011 Upgrade antennas and equipment at 3005 Admin. Campus Drive _ 2011048 AT & T 22 2011 i 2011049 1 Mark Eckerline Patio in wetland buffer at 1241 Vagabond VAR 31 Court MN School of Cosmetology at 142520112011050GlobeEducationNetwork CUP 30 County Road 10 21 ^ 2011 2011051 DJR Architecture Inc. Northwest Islanic Community Center CUP Plan modification Install an 8 -foot fence on 4 lots in Talyn 2011 2011052 Alpine Fence Hills CUP 4 Side yard setback for an existing garage at 2011 2011053 Kim Foley VAR 22 i------ - - t- ---- 2011054 :AT&T 3380 Sycamore Lane — --------- -- - Upgrade antennas and equipment at 13700 Admin. l02011 + Schmidt Lake Road 2011 2011055 Integrity Remodeling Addition to ]awfillly non conforming i Admin. 19 i 2011 2011056 :Rational Energies LLC building Recycled plastic processing facility at RZ PUD General Plan PUD ' 21114920I 27th Avenue Final Plan Minor site improvements at 6055 Nathan 2011 I 2011057 iNelson UMOC, LLC 2011058 City of Plymouth 2011059 General Mills Admin. Clan modification 1 lane I Land exchange agreement with Three Other IRiversParkDistrict -- - I - - _- Trash and recycling enclosure at 1105 plan modification 34 2011 2011 Xenium Lane I 2011 1I 2011060 Citizen petition Crossroads Commons at Higbway 55 and 1 County Road 73 EAW petition 35 2011 I 92011061b ossFit SISU Fitness training facility E42060 E. Center CUP 27 Circle Parking expansion/modification at 12755 I 2011 2011062 Carlson Real Estate Services, LLC SPA 27 State Highway 55 I WFLAMANNUAL REPORTM2011 PLANNINCP*gLUjQ41GAL INDEXxfsx 2011 PLANNING FILES NUMERICAL INDEX YEAR FILE NO, DEVELOPER/APPLICANT DESCRIPTION APPLICATION 1S FOR - SECTION 2011 2011063 Ultimate Events Ouside storage in a front yard at 13405 Admin, Plan modification f 27 15th Avenue ! VAR Building and parking expansion at I20] I 20! 1064 Loucks Associates SPA 10 TURCK, Inc. at 5000 Fernbrook Building and parking expansion at20112011065HGA SPA 23 Hazelden 2011 2011066 Pulte Group fThe Willows Third Addition I PP FP 4 building improvements at The20112011067MerryLeone 1fExterior Gym at 2855 Glacier Lane Plan Modification ' 21 Black20112011068 ;Skyline Design Inc. Building addition at 1151 Oaks Lane{ VAR j 32 Restaurant in Plymouth Plaza Shopping20112011069OriginalPancakeHouse CUP 30 Center _ Fitness training facility at 3700 Annapolis20112011070TeamDefinitionFitness CUP 15 Lane 2011 2011071 Mark Gronberg Churchill Ridge 2nd Addition PP FP 19 Building addition and other site20112011072EbertConstruction PUD amendment 20 improvements at 16825 County Road 24 201 I 2011073 Spectrum Screen Printing Storage shed at 1920 Xenium Lane Plan Modification 27 2011 2011074 'AT & T Antenna and equipment upgrade at 4425 Admin, I I Zachary Lane Y T _ Maintain existing home during 201 1 2011075 i Suncrest Builders construction of new home at 12316 Old I IUP 14 I Rockford Road I 2011 2011076 jSt. Jude Medical Parking lot expansion at 5050 Nathan Lanel Plan Modification 12 2011 2011077 Stone Source Modification to building entrance Plan Modification 21 — Plan Modification 3420112011078113uh1cr, Tnc. Overhead door addition 2011 I_-- 2011079 B & B of Plymouth LLC Convenience commercial restaurant in C-4 I 1 —--------- CUP 1 15 district at 4105 Vinewood 2011 — 2011080 ishawn Drill/City o_f_ p_l_ymouth nnual update to the zoning ordinance i ZOTA r 2011_ 2011081 'St. Jude Medical +275,000 square foot building expansion SPA 12 s Installation of above ground tank far 1 2011 2011082 (Pump and Meter Service, Inc. dispensing gasoline at 14600 28th Avenue Admin. ! 21 I 2011 1 2011083 IHD GroupAdmin. Installation of Rcdbox at Walgreens at i I 4 6025 Shenandoah Extend non -conforming setback at 1281020112011084RusselDrake Admin. 15 37th Avenue 2011 2011085 Ranson Builders, Inc.Gleason Lake Heights R7_ PP FP 33 201_1 2011086 Phoenix Signs Directional sign at 3021 Harbor Lane VAR 21__ 2011 1 2011087 City of Plymouth 2012-2016 CIP C1P 201 I 2011088 US Foodservice Install fence at 905 54th Avenue Plan Modification 12 201 - 2011089 Roberts Residential Remodeling Extend non -conforming setback for a1 garage at 3800 Quaker Lane t Admin. 13 Stripe additional parking spaces at 605520112011090 `Gardner, LLC Plan Modification 1 Nathan Lane Rezoning from 0 to C-3 to allow a2011 :. 2011091 Potluck Cateri ng I RZ 22 restaurant at 3155 Empire Lane 4Reguiding to C for 3050 and 3155 Empire-- 2011 2011092.Shawn Drill/City of Plymouth rLane and rezoning to C-3 for 3050 Empire LUGPA RZ 22 rLane - Elm Creek Highlands East Second 2011 20I1093 (Pulte Group FP 8 Addition Install 7 new light standards at 14350 28th i I 2011 2011094 Herb Kohn Electric Place ! Plan Modification I 21 OAPLANIANNUAL REPORTSI2011 PLANNINQ§ILV yUjE51CAL INDEx.xisx 2011 PLANNING FILES NUMERICAL INDEX YEAR: FILE NO. DEVELO:PERIAPPLICANT DESCRIPTION. APPLICATION IS FOR - . SECTION 2011 2011095 WCS Land Development of Plymouth, Terra Vista RZ PP FP 5 L 2011 2011096 Bartlett Tree Experts Install storage shed at 2724 Fernbrook Plan Modification 21 Lane 2011 2011097 Hampton I -tills Investment, LLC Hampton Hills South Plateau PP 9 2011 I 2011098 jEve Burnham Massage therapy business at 5105 HOL[ 1 2011 I2011099Wlina Hospitals and Clinics ElNorwood __ mergency/urgent care_ addition at West PP FP PUD amendment i 22 Health O:VPLANVANNUAL REPORTSX2011 PLANNINV1ALUlfU 161CAL INDIX.xlsx PLANNING FILES NUMERICAL INDEX APPLIED FOR IN 2011 WITH PREVIOUS YEAR'S FILE NUMBER 2006106 1/12/11 HOL Renewal 2010059 1/14/11 Plan Mod, 2010032 2/9/11 PUD Final Plan 2010094F 3/29/11 2010096 4/18/11 2010048F 6/9/11 2010098 7/12/11 Admin. 2006046 8/10/11 Admin, Maribel Becerra Cleaning Squad 14506 County Road 6 Plymouth, MN 55447 763) 531-9100 Matt Duenwald Grading change at MFRA, Inc. Arbor Grove 14800 28th Avenue North, Suite 140 Plymouth, MN 55447 763) 476-6010 LaDonna Hay IOCP 110 Grand Avenue Wayzata, MN 55391 952) 4739074 Nathan Fair Final plat Wood Crest Development of Plymouth, LLC 13432 Hanson Boulevard Andover, MN 55304 763) 569-5663 Gonyea Company contract for sewer/water 10850 Old County Road 15, #200 connection Plymouth, MN 55441 952) 546-5070 Chad Onsgard Pulte Homes 7500 Office Ridge Circle 4325 Eden Prairie, MN 55344 952) 988-8210 Brooke Hareid Sales center for Steeple Hill D.R, Horton, Inc -MN 20860 Kenbridge Court Lakeville, MN 55044 952) 985-7806 Steve Bohl Sales trailer for Rusten Wood BohLand Development 825 Wayzata Boulevard E. 28 7 30 4 5 0 E 31 Page 17 Wayzata, MN 55391 952) 473-2089 2010048 8114111 Chad Onsgard/Ian Peterson Pulte Group Minnesota Division 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 952) 988-8202 2011093 12/14/11 Jon Holzer Sales center for ECH East 2nd Admin. Pulte Group Minnesota Division 7500 Office Ridge Circle, Suite 325 Eden Prairie, MN 55344 612) 363-8932 Page 18 Building Permits - Number of Permits, Fees and Valuation by Year 2002-2011 OAPLAMANNUAL REPORTSM11 YEAR END Building Permits.xlsx Page 19 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Building Permils 2,453 2,304 2,671 2,479 3,553 4,010 6,533 3,104 3,273 2,611 Fee 5,351,195 4,224,458 3,197,O811 3,699,254 4,066,956 3,861,870 4,027,73% 1,764.466 2.119,114 4,029,776 Total Valuation 231,194,965 193,642,558 184,480.216 174,696,361 192,X53,336 SI 39,642,790 217,180,8118 94.548,208 99,575,846 154,535,993 plumbing Permits 1,533 1,771 1,691 1,508 1,429 1,512 1,459 1,236 1,478 1,776 Fee 5285,803 228,816 159,261 161,243 10,754 2n8,802 171,203 126,519 160,R21 295,752 Mechanical Permils 1,883 1,901 1,820 1,998 1,166 1,974 1,704 1,485 I'm 1,755 Fee 214,735 5205,576 174,976 190,578 279,832 334,569 395,544 200,191 210,803 225,858 Sewer & {Vale, Pe,mils 326 338 289 262 220 262 209 119 166 284 Fee 24,497 36,331 48,384 19,317 32539 30968 17047 12055 17,810 49,759 Sin Permits 143 133 121 156 183 166 139 137 122 Ill Fee 8,905 7,535 7,530 9,860 12,395 10,610 9,350 7,285 6,905 7,665 Grading Permits 18 15 I 1 20 21 14 16 10 17 2 Fee 6,703 2,944 3,566 6,724 6,173 55,996 3,153 1,719 14,920 233 Moving Permils 3 3 2 3 1 1 1 1 1 1 Fee 5G0 375 250 375 125 125 150 150 150 150 Eleelrical Permil 915 2,064 2,782 1,822 2,240 2,399 Fee 105,550 260,822 1282,698 175,415 5172,264 241,316 Fire Pralectian Permit 482 475 347 284 325 345 Fee 98,755 In2,778 62,555 56,373 48,889 63,767 Ilaad/Dncl Permil 77 102 87 HIS 106 98 Fee 3,950 5,200 4,350 5,300 5,000 5,350 Teak Permit 31 24 32 19 27 35 Fee 51,850 1,700 52,050 51,700 1,400 2,325 All Other Permits 4,373 4,626 4,346 4,683 5,355 6,671 6,776 5,218 6,281 6,814 Fees, All Olher Permils 591,403 5515,629 420,375 5512,631 6993377 59863721 948,n99 586,713 638,861 892,424 Total No. of All Permils 6,826 6,930 7,017 7,162 8,908 10,641 13,309 8,322 9,554 9,425 Total Fe" 5,942,598 54,740,087 53,612,455 S4,211,885 4,766,233 54,848,591 54,975,837 2,351,179 S2,757,975 54,922,200 Inspections(Permit) 17634 17,595 15,066 14,824 if,,953 192-13 19.222 16,197 18,012 19,262 Inspections (nu Permit) 5,030 6.089 7,202 6,554 7,469 1,732 10,9411 1 7,621 2,1511 2,180 Total lnspeclimts 22,664 23,684 22,268 21,378 24,422 26,575 30,162 1 23,524 10,162 21,442 Fence Permits Issued 122 179 129 79 10449 87 79 139 120 OAPLAMANNUAL REPORTSM11 YEAR END Building Permits.xlsx Page 19 City of P[ymouth Iridin, Qphty da Life REGULAR COUNCIL MEETING March 13, 2012 I-494 Third Lane Agenda 9.02Number: To: Mayor and City Council Prepared by: Laurie Ahrens, City Manager Item: Legislative Update Representative Sarah Anderson has introduced HF 309 (co-sponsored by Representative Sandra Peterson and Representative Kurt Zellers) which would provide $20 million in funds to mitigate congestion on a project such as I-494 third lane. There are no earmarks to dedicate this funding to this project; however, the project would quality for the funds, if approved. The Council has testified before the House Transportation Committee, and support has been sought from residents and the business community. Representative Anderson has recently suggested that support should be directed to the Chair of the Capital Investments Committee, Representative Larry Howes rep.larry.howes@house.mn). 2. Organized Solid Waste Collection would Trigger Inverse Condemnation HF 2084 and SF 1664 would authorize inverse condemnation by a mixed municipal solid waste services business when a city occupies the market. The LMC is working against this bill which would significantly erode local control, along with Metro Cities, MPCA, and the Resource Recovery Association. A city would be exposed to claims for lost business and capital costs if any action it took played a part in either providing that service or limiting the number of businesses that are allowed to provide service to a community that resulted in a business losing access to that market. This would, in effect, make it impossible for a city to choose organized collection as an option or to limit/regulate collection due to the unknown liability it could create. The bill conflicts with existing solid waste laws which requires cities to implement county solid waste plans and organized collection ordinances. It would expose cities to significant liability, discourage improvements in a service, prohibit new businesses from competing, and affect public safety/public works issues. Acquisition of Propertyby Watershed Districts HF 2589 would require watershed districts in Hennepin County to get city approval before acquiring property in that city, except in situations where the most current watershed plan, approved by the Board of Water and Soil Resources, identifies and designates the property for acquisition. Hennepin County Commissioner Johnson alerted us to this legislation, and Water Resources Manager Asche testified in support of the bill. 4. Shooting Ranges Required to Allow Youth Training HF 2352 (Rep. Tom Hackbarth, R -Cedar) provides that any publicly owned or managed shooting range must be made available to youth pursuing their firearm safety certification during "hours Page 1 reasonable for youth participants." Ranges could charge a fee for direct costs, but could not collect fees to offset general maintenance. Page 2 5. Inflow/Infiltration Bonding Bill As directed by the Council, a letter was sent to Representative Sandra Peterson and others indicating that the City does not support her proposed legislation to add $8 million to the bonding bill for inflow/infiltration reduction improvements. Cities operate enterprise systems and have the ability to recoup 1/I costs through their rate structure if managed properly. 6. Day Care Facilities In 2011, HF 1184 was introduced to require that any daycare in a single family home be accessory to the actual single family use. Legislation was not enacted. We have forwarded the requested language to our legislators again. Several additional updates are attached. Page 3 Metro Cities News March 6, 2012 Major Changes to Met Council Proposed The Legislative Commission on Metropolitan Governance met Monday evening to release a slate of recommendations that propose major structural changes to the operations and planning functions of the Metropolitan Council. Since the Commission itself is advisory and does not act directly on legislation, the recommendations, while presented in bill form, will be considered in separate bills by various legislative committees that have jurisdiction over Met Council issues. We expect most of the proposed changes to be controversial. The recommendations were first made public late yesterday, and we are working on a review and analysis of the bills. Here is a summary of what the recommendations propose. We will provide more specifics in upcoming newsletters, as the recommendations are considered. First, probably one of the least controversial changes proposed is providing for four year staggered terms for Met Council members, something Metro Cities policies have long supported. However, the duties of Council members would change, as the recommendations take away transit functions from the Council, and create a separate "Regional Transportation Governance Board" (RTGB) comprised of elected officials. The transit functions of the Council would be restructured by creating a new board of locally elected officials to oversee the planning and governance, and a separate board of locally elected officials to oversee the operations of transit. A new Regional Transportation Governance Board (RTGB) would be responsible for transportation planning, policymaking and fiscal administration by absorbing the powers of the Met Council and metropolitan regional railroad authorities. The Metropolitan Transit Commission (MTC) would take over for Metro Transit on issues concerning Metro Transit, Metro Mobility and the related powers and duties of Metro Transit in relation to contracted routes. Under the bill, both Boards would go into effect on January 1, 2014.The RTGB would be made up of two county commissioners from each of the seven metropolitan counties, one city or town official from each of the 16 Metropolitan Districts appointed by the Governor, and any other membership as required by federal law to comply with Metropolitan Planning Organization guidelines. The RTGB would replace the Metropolitan Council as the MPO for the region. The RTGB would be granted levy authority to provide a base levy amount, which would replace current state general fund support and revert to funding transit with metropolitan property taxes. The bill would provide for a transit shortfall levy to cover any shortfall in Motor Vehicle Sales Taxes (MVST) monies, and a regional rail levy which equal the amount levied by regional rail authorities today. The regional rail levy would continue to fund debt service obligations, with the regional rail authorities rolled into the RTGB. The RTGB would also have bonding authority for capital expenditures. The new MTC would also be made up of locally elected officials and be responsible for the Page 4 operations of transit in the metropolitan area. The composition of local officials, according to Rep. Beard on Monday, still needs refining (the bill right now defines the composition to include county representation and cities from the first class). The CTIB would be made a committee of the new RTGB, and the quarter cent sales tax currently collected by CTIB for transit capital expenditures would continue to be collected but the money collected would go to the RTGB. The money would also be allowed to be used to include all forms of transportation. The CTIB function would be to make recommendations to the RTGB. The RTGB would then accept the recommendations or return them to the CTIB for changes. The CTIB would also lose its authority to issue bonds, although counties would be allowed to do son behalf of CTIB, subject to authorization by the RTGB. Although the transit governance provisions do provide some streamlining, they go against the recommendation of the Legislative Auditor that recommended keeping planning and operations functions under one roof. Metro Cities' policies also support the integration of Council functions and planning. There are a number of other pieces of transit changes in these recommendations, some of which will be heard this week in the House Transportation Committee as separate bills. HF2560-Scott, would require the proportional distribution of any transit funding reductions so a part of the metropolitan area could not lose more than a proportional cut to their current service. Representative Scalze has a bill, HF2321 that proposes to re -open the opt -out statute to allow any city with little or no service that is in the metropolitan taxing district to apply for local replacement service. Representative Beard has several bills to increase the amount set aside for opt outs from 3.74% of MVST to 6.25%, to eliminate the cuts to suburban providers scheduled to take place in FY2013, and finally to allow providers to charge distance based fares. Again, some of these provisions are in the Met Council redesign bill. The bills being heard tomorrow night are expected to be laid over. The recommendations propose that the Legislature have more direct authority over the Met Council's overall budget, so that the Council would be prohibited from adopting a final budget until a law is enacted authorizing them to do so. If no such law is enacted, the Council could continue only at its previous budget levels. The recommendations also propose that the Met Council's development guide would be advisory only. The recommendations do retain Council authority to require a local plan change if it has a substantial impact or departs from regional system plans. The recommendations modify Livable Communities Program criteria and guidelines, so that the Council is not required to distribute the monies in the accounts, and permits rather than requires the Council to distribute the monies in the accounts for stated purposes. Metro Cities will provide further updates in the coming days and weeks as the recommendations undergo legislative consideration. If you have any questions, please contact Patricia Nauman at 651-215-4002 or Todd Olson at 651-215-4003. Met Council Housing Policy Plan Page 5 The Metropolitan Council is beginning work on the development of a regional housing plan, which would represent the first housing plan in many years for the Council. The Council's Community Development Committee discussed a possible framework for the housing plan at their Monday meeting. The plan would be included in the new development guide, the work of which is also now underway. Metro Cities has been asked to provide feedback and suggestions on what we would like to see in the new regional framework at the Met Council's Committee of the Whole meeting this Wednesday. The Council, in considering a new housing plan, is taking from their legislative directive that it should prepare a guide for the region that recognizes the needs, region -wide, around the issues of housing. As we understand it, the Council is seeking a plan that will function as a guide and repository of information for local governments, developers and investors, and that will provide guidance to the Council in terms of allocating resources, as well as help determine opportunities and challenges for the housing market in the coming decades. Metro Cities met with Council staff several weeks ago as part of their initial outreach on a potential plan. They intend, and we strongly encouraged, ongoing outreach with stakeholders on the plan as it moves forward. Currently, housing is not a "regional system", nor do our policies support additional regional systems without the consent of the region's municipalities. Our policies recognize the state/federal/regional and local roles around housing, and the need for additional resources for affordable and lifecycle housing. Our policies also support, and we are pushing now, for a revisit of the methodology used to compute affordable housing need in the region, and the necessity for the Council to obtain a variety of city input on this issue, given the changes in the housing market and the impacts on communities in planning for and providing affordable housing. We'll be watching this issue closely, and will provide further information in future newsletters. If you have any questions, please contact Patricia Nauman at 651-215-4002 or Charlie Vander Aarde at 651-215-4001. Page 6 METRO CITIES Association of Metropolitan Municipalities March 6, 2012 The Honorable Kelli Slavik Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Slavik: MAR - 7 2012 BY:— Thank you for copying me on your recent correspondence with Representative Sandra Peterson. I greatly appreciate this chance to gain the city's perspective on this issue. I know that the city has worked to mitigate local 1/1 and agree that most of the costs associated with Inflow and Infiltration -(1/1) for all affected cities will and should be borne by local rate payers. Metro Cities' bonding request relative to the overall costs to mitigate this problem across the region represents a fairly small fraction of these costs overall. We also believe that mitigating III locally is far more cost effective than the costs that would be incurred for any needed new additional wastewater capacity, which are estimated to be upward of $1 billion dollars, costs that would be spread to cities across the entire region. The bonding request is intended to provide some level of assistance, to help assure that mitigation can to be completed locally, so that these larger regional costs can be alleviated, if not avoided altogether. Thank you again, Mayor Slavik, for copying me on your letter, Again, I sincerely appreciate the opportunity to better understand the city's position on this issue, which assists us in our work. Sincerely yours, atricia A. Nauman Executive Director Cc: Members of City Council Laurie Ahrens, City Manager Rep. Sandra Peterson 145 University Ave W • St. Paul, NIN 55103-2044 • Phone (651) 215-4000 • Fax (651) 281-1299 • www.MetroCitiesMN.org age L( MUNICIPAL LEGISLATIVE COMMISSION WEEKLY SESSION UPDATE March 9, 2012 HOUSE PASSES LIABILITY LIMITS BILL, INTERIM ORDINANCES LAID OVER Two bills being tracked by the MLC were debated on the House Floor on Thursday, March 8: SF 1183: restoring state and local government tort liability limits to pre -2008 levels https://www.revisor.mn.gov/bin/bldbill.php?bill=S 1183. l .html&session=ls87 HF 389: Local government interim ordinances and municipal development contracts provisions modifications https://www.revisor.mn.gov/bin/bldbill.php?bill=H0389. l .html&session=ls87 SF 1183 (authored by Rep. Dill) restores the $1 million municipal tort liability cap in a certain defined instance — when a governmental unit is contracting with or issuing a permit for a non- profit recreational group event. This bill was introduced to address the financial hardship caused by the raised tort liability limits post -2008 ($1.5 million). Many non-profit, volunteer -based recreational groups were unable to afford insurance to cover this cap. SF 1183 passed the House Floor on a vote of 129-1. HF 389 (authored by Rep. Beard) would restrict the ability of cities, counties and townships to adopt interim ordinances that can delay development projects for which a complete land use application is pending. Beard said the goal is to protect developers who are playing by the rules from being blindsided by moratoria that can wear them down financially. Opponents say the bill would harm local officials' ability to protect their communities. Under the House bill's provisions, local governments would have 30 days to adopt an interim ordinance after receiving a complete land use application. Adopting an interim ordinance would require a two-thirds vote by the local governing body, and the ordinance would be limited to one year, with no extensions. Some policymakers say the bill is too restrictive on local governments. On the floor, legislators Prepared by Messerli & Kramer PA 145 University Avenue W, Suite 450 St. Paul, MN 55103 Page 8 651-228-9757 raised concerns that local governments might struggle to fully consider the implications of large- scale projects within the bill's 30 -day timeframe (i.e. frac sand mining in communities). Rep. Beard requested to have HF 389 be continued on the calendar to be debated on another day. The Senate interim ordinances language is more favorable to cities. While the House bill would require a two-thirds vote to pass an interim ordinance and moratorium, the amended Senate language keeps the current simple majority requirement in place. Also under the Senate bill, once a city deems an application complete, it will have 60 days to pass an interim ordinance and moratorium in order for the moratorium to apply to the applicant's project. JUDGE COULD DECIDE RELOCATION COSTS As published in Session Weekly (3/9/2012) Current law provides for relocation assistance funds for those whose property is acquired by a local jurisdiction through eminent domain. Most of the time the process "works pretty well," with an acceptable agreement able to be reached by the parties involved, said Kirk Schnitker, an attorney specializing in eminent domain issues. He told the House Civil Law Committee March 5 that HF1833, sponsored by Rep. Denise Dittrich (DFL -Champlin), would provide an opportunity for an administrative judge hearing, if an agreement can't be reached. Relocation appeals are scarce. It happens once or twice a year and the (court) costs are minimal. Most cases are done in a day," Schnitker said. The bill would provide for a contested case hearing to determine whether a person is eligible to receive relocation assistance in the first place, if it is denied by the acquiring authority. The administrative law judge's determination of the amount of the assistance would be final. The committee approved the bill and moved it to the House floor. The companion, SF1620, sponsored by Sen. Benjamin Kruse (R -Brooklyn Park), awaits action on the Senate floor. VOTER ID AMENDMENT APPROVED As published in Session Weekly (3/9/2012) A proposal to let Minnesotans vote on whether to require government -issued photo identification cards for voters cleared its first committee hurdle in the House. Rep. Mary Kiffineer (R -Big Lake) sponsors HF2738 that proposes amending the state's 2 - Page 9 constitution to require photo ID for voting. The House Government Operations and Elections Committee voted 9-6 to approve the bill. It now goes to the House Ways and Means Committee. Kiffineyer said a photo ID requirement would ensure the integrity of the state's elections as well as the opportunity for all eligible voters to cast their ballots. She said that while voting is sacred, a voter's identity is not. Who you are and where you live is a matter of the public right to know," Kiffineyer said. The Legislature passed a voter ID requirement in 2011, but Gov. Mark Dam vetoed it. Kiffineyer's bill would put the question directly to voters, bypassing the governor's approval. Under the delete -all amendment successfully offered by Kiffineyer, the following question would be posed to voters on this November's ballot: Shall the Minnesota Constitution be amended to require all voters to present valid photo identification on election day and that the state provide free identification to eligible voters?" If approved by a majority of voters, it would fall on the next Legislature to pass enabling legislation spelling out exactly how the photo ID requirement would be implemented. Secretary of State Mark Ritchie testified in opposition to the bill. He said approximately 84,000 Minnesotans currently vote who do not possess a current photo ID. He also said the 550,000 Minnesotans who currently register on Election Day would now be forced to cast a provisional ballot. Based on experiences in other states, he said one-third of those provisional ballots might not be counted. This procedure is a radical change to our election system and I think we need to think about it carefully," he said. Kiffineyer said the bill would allow those who vote by absentee ballot to continue doing so just as they do under the current system. Rep. Ryan Winkler (DFL -Golden Valley) said that would create two different standards, allowing absentee voters to skip the photo ID requirement. The amendment that you're drafting just leaves a lot of gaping holes and questions," he said. Meanwhile, Rep. Steve Simon (DFL -St. Louis Park) said he feared the bill would spark an "arms race" of partisan constitutional amendments. If you do this, there will be very little restraint or no restraint the next time Democrats control the House and Senate," Simon said. Supporters included Rick Smisson, a self -identified election judge from Harris, who said he witnessed a group of more than 10 voters register on Election Day by giving the address of a local laundromat as their home address. He said photo ID is needed to ensure that voters only vote once in an election. 3 - Page 10 Sen. Scott Newman (R -Hutchinson) sponsors the companion, SF 1577, which awaits action by the Senate Rules and Administration Committee. BILL INTRODUCTIONS, MARCH 5-9 MET COUNCIL Senators Vandeveer, Wolf, Chamberlain, Kruse and Gimse introduced-- S.F. No. 2231: A bill for an act relating to metropolitan government; requiring proportional distribution by Metropolitan Council of any transit reductions Senators Dibble, Pappas, Bonoff, McGuire and Eaton introduced-- S.F. No. 2278: A bill for an act relating to metropolitan government; establishing a task force to study and make recommendations on metropolitan governance Senator Rest introduced-- S.F. No. 2323: A bill for an act relating to the Metropolitan Council; providing for staggered terms of Metropolitan Council members Hornstein introduced: H. F. 2673, A bill for an act relating to metropolitan government; establishing a task force to study and make recommendations on metropolitan governance. Holberg by request introduced: H. F. 2686, A bill for an act relating to metropolitan government; providing for additional financing of metropolitan area transit and paratransit capital expenditures; authorizing the issuance of certain obligations Beard; Anderson, S.; Hoppe and Mack introduced: H. F. 2696, A bill for an act relating to metropolitan transit; changing the formula for assistance by the Metropolitan Council to cities and towns with replacement transit service TAXES Senator Ortman introduced-- S.F. No. 2246: A bill for an act relating to taxation; making technical, minor, and clarifying changes in enterprise zone and economic development powers; eliminating obsolete provisions McDonald, Runbeck, Leidiger, LeMieur and Franson introduced: H. F. 2643, A bill for an act relating to taxation; tax increment financing; modifying definitions McFarlane introduced: H. F. 2688, A bill for an act relating to taxation; sales and use; allowing capital equipment exemption at time of purchase 4 - Page 11 McFarlane introduced: H. F. 2689, A bill for an act relating to taxation; eliminating sales tax on purchases by political subdivisions Davids, Runbeck and Loon introduced: H. F. 2690, A bill for an act relating to taxation; making technical, administrative, and clarifying changes to individual income, corporate franchise, estate, property, sales and use, special, mineral, and various taxes and tax -related provisions Davids, Runbeck and Loon introduced: H. F. 2691, A bill for an act relating to taxation; making policy, technical, administrative, and other changes to estate, property, sales and use, special, and various taxes and tax -related provisions HEALTH/MEDICAL SERVICES Senator Chamberlain introduced-- S.F. No. 2302: A bill for an act relating to emergency medical services; permitting local units of government to designate primary services areas and assign ambulance service to the area Runbeck introduced: H. F. 2712, A bill for an act relating to emergency medical services; permitting local units of government to designate primary services areas and assign ambulance service to the area TRANSPORTATION Senator Gimse introduced-- S.F. No. 2321: A bill for an act relating to transportation; requiring fare increases for Metro Transit service Beard introduced: H. F. 2685, A bill for an act relating to transportation; requiring fare increases for Metro Transit service TELECOMMUNICATIONS Runbeck introduced: H. F. 2695, A bill for an act relating to telecommunications; prohibiting publicly owned broadband systems CIVIL LAW Mazorol, Dean, Wardlow, Champion and Lesch introduced: H. F. 2722, A bill for an act relating to civil actions; regulating the liability of certain municipal employees 5 - Page 12