HomeMy WebLinkAboutCity Council Packet 10-27-2009CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
OCTOBER 27, 20097 7:00 p.m.
1 . CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council about any item not
contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. If thefull
15 minutes are not neededfor the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission forfuture report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
5. APPROVE AGEN DA—Council Members 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 removedfrom the Consent Agenda andplaced
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2009-255)
6.03 Approve Final Plat extension for "Duchaine Woods" for two single-family lots
for property located at 17815 — I Oth Avenue North. Holly Trombley. (2006074
Res2009-256)
6.04 Approve Payment No. 5 and Final for 2009 Street Sweeping Project (9116 –
Res2009-257)
6.05 Approve Four Seasons Well Facility Rehabilitation Project (7114 — Res2009-
258)
Regular Council Meeting 1 of 2 October 27, 2009
6.06 Order Preliminary Engineering Report for 8h Avenue Reconstruction Project
10004 — Res2009-259)
7. PUBLIC HEARINGS
7.1 Off Sale Intoxicating Liquor License for Natalia Vasilyevna Karebin (Phillip
Miller) D/B/A Vino 100 Plymouth, 3225 Vicksburg Lane North (Res2009-260)
7.2 Assessment Hearing for 2009 Mill and Overlay Project (9108 — Res2009-26 1,
Res2009-262, Res2009-263)
7.3 Assessment Hearing for 36th Avenue Street Reconstruction Project (8104 —
Res2009-264, Res2009-265)
8. GENERAL BUSINESS
8.1 Approve purchase of Northwest Greenway property (Res2009-266)
8.2 Award sale of General Obligation Refunding Bonds Series 2009A, Refunding
Series 1998A and 1998C (Res2009-267)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
Regular Council Meeting 2 of 2 October 27, 2009
6.01
Proposed Minutes
Special Council Meeting
October 13, 2009
Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the
Medicine Lake Conference Room, 3400 Plymouth Boulevard, on October 13, 2009.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Black, Murdock, Stein, Willis, Johnson,
and Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Administrative Services Director Portner, Community
Development Director Juetten, Park Director Blank, Superintendent of Recreation Evans, and
City Clerk Engdahl.
Improvements to the Hilde Performance Center
Park Director Blank and the City's consultant presented the proposed improvements to the Hilde
Performance Center.
Councilmember Willis stated he supports the project.
Councilmember Black stated she has no objection to doing the project with this tough economy,
and the funds being used aren't taxpayer's dollars. She stated she has a few concerns regarding
the edges of the development and losing the underbrush plants. Therefore, she would prefer to
limit the "middle" access off Plymouth Boulevard so minimal trees and plants would be
removed. She noted one trail on the plans that she would remove.
Councilmember Bildsoe asked if the project could be staged. Park Director Blank replied yes.
The outside portion would be one phase and the interior portion would be the other phase.
Councilmember Bildsoe asked if the phases could be in two different years. Park Director Blank
replied yes. He stated the interior portion of the project would be improving the seating, the
accessibility, and improving the overall experience for Music in Plymouth. The outside portion
would be opening a component for small events. The funds from the Community Improvement
Fund would be used for the project.
Councilmember Murdock stated that she supports the project, but she would suggest not doing
some of the visible decorative improvements on Plymouth Boulevard in 2010 due to public
perception.
Proposed Minutes 1 of 3 Special Meeting of October 13, 2009
Page 1
Councilmember Johnson noted that if this project proceeds, there would be on-going
maintenance costs. Park Director Blank stated that he would prepare a five year operating budget
for the Council's review.
Councilinember Stein stated that he doesn't like the wood bridge over the pond as it's not a
necessity.
Mayor Slavik asked staff if they have looked at the struggles that the City of Burnsville has faced
with their Community Arts Center. Park Director Blank replied yes, but noted that these
improvements are considerably less that what that facility is.
Councilmember Johnson stated using funds from the Community Improvement Fund is a good
use of those funds. However, she is struggling with investing this type of funding into the Hilde
Performance Center at this time.
Councilmember Bildsoe asked if the Plymouth Civic League has been involved with the
discussions surrounding these improvements. Park Director Blank replied they reviewed the
plans last year, and they were very excited about the improvements. Mayor Slavik added the
Plymouth Civic League hasn't discussed it recently as they are focusing their efforts on the
fundraising for the 20 10 Music in Plymouth.
Mayor Slavik stated as Councilmember Johnson, is also struggling with this project. She stated
many of her concerns involve the residents' perception of this project. She stated the Council has
had to tighten the budgets and cut a number of positions and lay off employees, but yet funds are
being allocated to this project. However, she realizes that the Community Improvement Funds
can't be used for the general fund's salary expenditures. She asked if this project could be scaled
back.
Councilinember Murdock stated the Council could remove the project in 2010 and put in 2011
and 2012.
Councilmember Black disagreed with that approach and stated that whenever projects are
delayed, there is usually an increase in costs. The City should receive favorable bids on this
project due to the economy. She stated she supports the internal portion of the project at this
time.
Councilinember Willis stated the need to start this project. He stated the Council needs to do
what it feels best for the future of the community.
Councilmember Bildsoe stated he has a couple of issues. The first concern is that the vote to do
street reconstruction projects earlier this year didn't pass. The City would be doing a significant
project when the much needed street projects were rejected. Second, no resident has complained
to him regarding this facility. This venue is used and appreciated. He stated for him it's a want
versus a need. He stated this is a great project, but with the current economy, the City is in a
need not a want position.
Proposed Minutes 2 of 3 Special Meeting of October 13, 2009
Page 2
Councilmember Stein agreed with Councilmember Bildsoe that this is a want versus need.
However, other projects the City has undertaken (i.e. Northwest Greenway, playfields, and park
systems). Those areas are also wants verses a need. The improvements would improve the
seating and accessibility for the elderly and handicap individuals to attend Music in Plymouth.
He stated these improvements to the Hilde Performance Center not only enhance this venue, but
it helps the development of the City Center area. The City is blessed to have these funds
available for this project.
Mayor Slavik asked about a scaled back version of the improvements. Park Director Blank
stated the Council would need to identify what that version would be. He stated the project could
be bid with alternatives which would allow the Council to pick and choose components.
Councilmember Willis stated that he could support the phasing of the project, but he wants the
second phase to be in the next year.
Mayor Slavik noted that this item is on the regular Council Meeting agenda following this
meeting.
Councilmember Willis stated that he would be making a motion at the regular Council Meeting
to authorize the interior improvements in an amount not to exceed $1.2 million from the
Community Improvement Fund.
Update on Northwest Greenway
Park Director Blank reported on a proposed purchase price of $1,390,000 for 10 acres in the
Northwest Greenway. He stated this property was appraised in 2009 at $1,400,000. He stated
staff feels this is a reasonable offer. He provided information for a proposed bond sale to fund
the acquisition of this site as well as two other properties. If Council is in agreement, the
purchase of this property and authorizing the open space bond sale would be on the October 27
Council agenda.
The majority of the Council indicated their informal approval and requested that these items be
placed on the October 27 Council agenda.
Adiournment
Mayor Slavik adjourned the meeting at 6:55 p.m.
Sandra R. Engdahl, City Clerk
Proposed Minutes 3 of 3 Special Meeting of October 13, 2009
Page 3
Proposed Minutes
Regular Council Meeting
October 13, 2009
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 October 13, 2009.
COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Johnson, Murdock, Willis,
Black, and Stein.
ABSENT: None.
STAFFPRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank,
Administrative Services Director Portner, Deputy Fire Chief Sprenger, Police Captain Lindman,
Public Works Director Cote, Planning Manager Senness, Senior Planner Darling, Superintendent
of Recreation Evans, City Forester Buck, Housing Manager Barnes, and City Clerk Engdahl.
Plymouth Forum
James Luchen, 10130 36th Place, and Kasia Luiken, 10120 36 th
Place, stated they reside near
Pilgrim Elementary School. They stated that there is a parkway between 36
th Avenue and the
school, and they asked if there is any feasibility in improving that as a neighborhood garden. It
would be a good use of the property, and it could even be a meeting area.
Park Director Blank requested the residents to contact Superintendent of Recreation Evans so
that this suggestion could be reviewed by the Park and Recreation Advisory Commission.
Steve Gardner, 107170 1 oth Avenue North, presented a list of developments that he has addressed
the Council over the past nine years regarding the saving of 50,000 trees. He referred to open
space referendum that was approved by the voters in 2006, and he feels that the voters are being
ignored. He stated all the open space on Vicksburg Lane and County Road 47 is leaving because
of residential developments. He noted that in 2008, there was a State Constitutional amendment
that was approved by the voters for clean water, wildlife, cultural heritage, and natural resources.
He stated people want wildlife and open space. He spoke of the recent development at Highway
55 and Revere Lane where the owner cut down trees before the development application was
submitted to the City. He stated near Lake Camelot, a retirement community is going to be
developed which will require the removal of trees. Lastly, he spoke of the ash tree borers that
cause the removal of ash trees.
Mayor Slavik stated regarding the 2006 open space referendum, the Council has been diligent in
purchasing open space properties with property owners who are willing to sell. These properties
will be maintained as permanent open space property. She noted the balance of open space
Proposed Minutes I of 12 Regular Meeting of October 13, 2009
Page 4
throughout the City. Regarding clean water and natural resources, the City has spent millions of
dollars to construct water treatment ponds, to address erosion, to clean the lakes, and to make the
environment clean and safe. Even with all these efforts, property owners still have rights to
develop their properties.
Presentations and Public Information Announcements
There were no presentations and public information announcements.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to
gpprove the agend . With all members voting in favor motion carried.
Consent Agenda
Scott Neilson, attorney representing the applicant for item No. 6.04, requested that this item be
removed from the Consent Agenda. Mayor Slavik placed this item under General Business as
item No. 8.3.
Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt
the Consent Agenda that included the following items:
6.01) Regular Council Meeting Minutes of September 22.
6.02) Resolution Approving Disbursements ending October 4, 2009 (Res2009-254).
6.03) Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to
the Development Program for Development District No. 7 and a Modification to the Tax
Increment Financing Plan for Tax Increment Financing District No. 7-6 (Res2009-233) and a
Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the
Redevelopment Plan for Redevelopment Project Area No. I and a Modification to the Tax
Increment Financing Plan for Tax Increment Financing District No. I -1 (Res2009-234).
6.04) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.05) Resolution Approving Assignment, Assumption and Amendment Agreement between
Wells Fargo Brokerage Services, LLC and Wachovia Bank National Association for the Nu Aire,
Inc. Bond Project (Res2009-235).
Proposed Minutes 2 of 12 Regular Meeting of October 13, 2009
Page 5
6.06) Resolution Approving a One -Year Extension of the Development Approvals for Duke
Realty for Waterford Business Park located northwest of Highway 55 and Highway 169
2007071 — Res2009-236).
6.07) Ordinance Amending Chapter 21 of the City Code and to Repeal the Current Lighting
Zone Map and Adopt a New Lighting Zone Map to Provide Consistency between the Lighting
Zone Map, Zoning Ordinance and the Land Use Guide Plan (2009045 — Ord2OO9-14) and a
Resolution Approving Findings of Fact to Repeal the Current Lighting Zone Map and a Adopt a
New Lighting Zone Map and for a Zoning Ordinance Amendment to Provide Consistency with
the Land Use Guide Plan (2009045 — Res2009-237).
6.08) Ordinance Amending the Text of Chapter 21 of the Plymouth City Code, Entitled the
Plymouth Zoning Ordinance, Allowing "Limited Motor Vehicle Sales or Leasing as a Principal or
Accessory Use" with a Conditional Use Permit in the 1-1 and 1-2 Zoning Districts (2009053 —
Ord2OO9-15) and a Resolution Approving Findings of Fact for a Zoning Ordinance Text
Amendment to Allow "Limited Motor Vehicle Sales or Leasing as a Principal or Accessory Use"
with a Conditional Use Permit in the 1-1 and 1-2 Zoning Districts (2009053 — Res2009-238).
6.09) Resolution Awarding the Contract for Police Ordered Towing and Impoundment of
Vehicles for 2009 through 2012 (Res2009-239).
6.10) Resolution Approving Payment No. 3 and Final for Well No. 16 Raw Watermain (7114 —
Res2009-240).
6.11) Resolution Approving the Feasibility Report and Cooperative Agreement with the Bassett
Creek Watershed Management Commission and to order the Improvements for Construction of
the Plymouth Creek Streambank Restoration Project (8128 — Res2009-241).
6.12) Resolution Approving Request for Payment No. 2 and Final (9110 — Res2009-242).
6.13) Resolution Approving the Solicitation of Series 2009A and 2009B Bonds Refunding
Series 1998A and 1998C (Res2009-243).
6.14) Ordinance Amending Chapters 10, 11, and 12 of the Plymouth City Code Concerning
Liquor and Tobacco Licensing Fees and Provisions (Ord2OO9-16) and a Resolution Approving
Summary Publication of Ordinance No. 2009-16 Relating to Liquor and Tobacco Licensing Fees
and Provisions (Res2009-244).
With all members voting in favor motion carried.
Public Hearingas
7.1) Delinquent Utilities and Other Charges
Proposed Minutes 3 of 12 Regular Meeting of October 13, 2009
Page 6
Administrative Services Director Portner reported on the proposed assessments.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adol2t a
Resolution Approving Leyymg Assessment for Delinquent Utili1y Accounts, Diseased Trees and
Weed Eradication Charges (Res2009-245). With all members voting in favor, the motion carried.
General Business
8.1) Plans and Contracts for Improvements to the Hilde Performance Center
Mayor Slavik noted that this item was discussed at a Council Study Session prior to this meeting.
Motion was made by Councilmernber Willis, and seconded by Councilmember Murdock, to
adopt a Resolution authorizing to begin work on the preparation of the plans and specifications
for iMprovements to the site interior of the Hilde Performance Center site in an amount not to
exceed $1.2 million from the Communily Improvement Fund (Res2009-246).
Staff noted that they would present design plans to the Council in December or January.
Mayor Slavik asked if this project proceeds, the taxpayers wouldn't see a tax increase. Park
Director Blank noted that is correct. He provided a quick synopsis of how the community
improvement funds were derived and that the expenditure of these funds is dictated by the City
Charter and the City Code.
Councilmember Johnson noted that in the future, there would be incremental maintenance costs,
and those costs would come from the general fund. She stated that she can't support the project
due to the current state of the economy. In addition, the scope is too broad, and there are aspects
that she would prefer to scale back.
Mayor Slavik asked what the deadline is for staff. Park Director Blank replied staff would need a
decision in 30 days in order to keep the project on schedule.
Mayor Slavik stated she is also struggling with this project due to the perception by residents and
whether this is the right time to do this project. She stated she would interested in looking at the
interior improvements closer and possibly getting that phase of the project below the $1.2
million.
Motion was made by Mgyor Slavik, and seconded by Councilinember Bildsoe, to table this item
in order to review the project more in depth to a date prior to November 30.
Proposed Minutes 4 of 12 Regular Meeting of October 13, 2009
Page 7
Councilmember Willis stated the Council would have the opportunity to "pick and choose"
components of the project without tabling. The Council could provide direction to staff that
some of these issues would have to be pre-engineered before decisions would be made.
Councilmember Murdock agreed with Councilmember Willis.
Councilmember Bildsoe asked how much it would cost in consultant fees to proceed to the next
stage. Park Director replied approximately $15,000-$20,000.
Councilmember Bildsoe stated he has concerns about this project which are cost, nature, and the
timing. He noted that this is a great site that has been enhanced by the amphitheatre. However,
he hasn't heard from residents that this venue needs improvements. He stated he would entertain
a discussion around some basic improvements to make it more accessible as well as the seating.
He indicated that he could support Councilmember Willis' motion to proceed and refine as they
go. He stated he's unsure if he could support $1.2 million.
Councilmember Johnson asked the City Attorney what type of vote is necessary to approve the
contract at a later date. City Attorney Knutson replied it only takes a majority vote.
Councilmember Black stated that she would support Councilmember's Willis'motion. She
noted that she has heard comments to improve the park. The City has saved funds for these kinds
of projects, and the construction prices are currently low and contractors are looking for work.
She stated she also wouldn't mind seeing some additional detail with the project.
Councilmember Johnson asked at what point is it required to have five -sevenths vote of the
Council. City Attorney Knutson stated any funds taken from the community improvement fund
requires five votes. The item before the Council this evening is to approve the design contract.
Councilmember Johnson asked if the amount would be lowered in the future, what type of vote
would be required by the Council. City Attorney Knutson replied four -sevenths.
Councilmember Stein stated that he would support the motion to table as he doesn't support costs
for design work if the project doesn't move forward.
The Council voted on the motion to table. With Stein, Bildsoe, and Slavik voting yes, and
Murdock, Black, Willis, and Johnson voting no, the motion failed.
The Council voted on the main motion and with Murdock, Stein, Black, Willis, and Bildsoe
voting yes, and Johnson and Slavik voting no, the motion carried.
Superintendent of Recreation Evans stated the plans would be ready for Council review in
approximately six weeks.
Proposed Minutes 5 of 12 Regular Meeting of October 13, 2009
Page 8
8.2) Land Use Guide Plan Amendments, Rezoning, Preliminary and Final Plat, PUD
General Plan and Development Contract for "Elm Creek Highlands" (2009046 — Centex
Homes)
Senior Planner Darling reported on the proposed project. She noted the area on the north part of
the site that would be dedicated to the City for the Northwest Greenway project. The townhomes
would be constructed on the south side of the property.
Councilmember Willis asked about affordable housing with this development. Senior Planner
Darling replied that due to land values, the applicant would be unable to include that component.
It would take too many resources to buy down for one to two units.
Councilmember Stein asked how individuals will know that there is a conservation easement for
the trees. Senior Planner Darling replied the conservation easement would be recorded on each
of the lots. The buyers would also receive a copy of this with the closing documents. In
addition, the easement would be noted in the homeowners association's documents that the trees
can't be taken down or structures can't be constructed over the easement. If there are diseased
trees, the individual owners would be responsible for removing the trees.
Councilmember Black discussed the minimum 50 foot setback buffer for the high quality
wetland and the 35 foot buffer on the two proposed wetland basins.
Steve Gardner, 10717 10th Avenue North, suggested trees be planted in the front yards and that
since the applicant is removing so many trees, more trees be planted in the rear yards. He asked
if the City requires the applicant to use black dirt versus clay soil under the sod. Councilmember
Johnson stated the applicant would be using black dirt under the sod.
Ian Peterson, representing the applicant, stated there are unique characteristics with this site.
They looked how they could be best balance the site with the unique features as well as with the
Northwest Greenway. He spoke of the neighborhood meeting that was conducted on September
3.
Councilmember Black requested that markers be placed along the conservation easement. Mr.
Peterson stated that they would be willing to do that.
Councilmember Black asked how they will close the site if they have to open it up for grading in
order to prevent erosion. Mr. Peterson stated that they are very sensitive to what they open up,
and they might also use a new product due to the steep slope. They don't initially anticipate
opening any more than nine lots and the drainage.
Councilmember Johnson asked what type of product would be used on the exterior of the homes.
Mr. Peterson replied they would use a "cement board," which is a consumer draw.
Proposed Minutes 6 of 12 Regular Meeting of October 13, 2009
Page 9
Councilmember Black asked if the City reviews the conservation easements so when there are
disputes in the future, staff knows how to handle them. Community Development Director
Juetten replied they would be reviewed by the City Attorney.
Mike Gair, planning and design consultant, presented schematic drawings of the site.
Clark Wicklund, representing the applicant, stated he handled the drainage on the site. He
explained the linear treatment system. He stated this has been reviewed by Elm Creek Watershed
District and City staff, and it complies with water quality and rate.
Councilmember Willis asked if there is a lift station involved for this project. Mr. Wicklund
replied the project proposes gravity flow to the lift station in Conor Meadows.
Mayor Slavik spoke to Mr. Gardner's suggestions and stated that the City does require the
planting of two trees in the front yards, and there would be a conservation easement for a portion
of the trees.
Jeremy Duehr, Project Environmental Scientist for the project, provided an update on the species.
He showed the sediment that would be intercepted and put into the linear filtration system. He
noted that they didn't find any eagles' nests on the property. They reviewed the City's natural
resource inventory, and there's no indication of sensitive woodland except the woodland across
Peony Lane. He looked at the soils for blanding's turtles, and they didn't find any. He also spoke
of the wetland mitigation.
Tov Rezabek, 17420 49th Avenue North, stated he resides in the Conor Meadows development
just south across Schmidt Lake Road from this development. He stated he has lost several feet of
his backyard due to erosion and drainage. He requested that the City pay special attention to this
and require better drainage and grading on the site. He also voiced his concern for safety on the
streets.
Councilmember Johnson stated with the erosion problems in Conor Meadows, in hind sight, the
City won't experience those same types of problems with this development. Public Works
Director Cote stated the conservation easements would protect the drainage areas, and the
condition of the ravine would remain unchanged. There are also conditions for drainage
measures in the ravine to be completed by the developer.
Councilmember Johnson stated she is concerned about future issues with developments that
homeowners associations could be faced with after the developers leave. The Conor Meadows
development has struggled with this. She asked if there is anything that this development is
doing on the north side of Schmidt Lake Road that can alleviate problems on the south side of
Schmidt Lake Road. Public Works Director Cote replied these are stand alone developments.
He stated nothing on the north side of Schmidt Lake Road should negatively impact Conor
Meadows for drainage. He added that the grading for Conor Meadows was done in 1997 and
1998. He was made aware of the drainage issues five to seven years later.
Proposed Minutes 7 of 12 Regular Meeting of October 13, 2009
Page 10
Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to
adopt a Resolution Approving the CoMprehensive Plan Amendments (Res2009-247), Ordinance
Approving Rezoning of the Site (Ord2OO9-17), Resolution Approving Findings of Fact
SLapporting the Rezoning (Res2009-248), Resolution Approving the Preliminga Plat (Res2009-
249), Resolution Approving the PUD General Plan (Res2009-250), Resolution Approving the
Final Plat and Development Contract for the First Addition (Res2009-25 1), and a Resolution
Approving the Assessments (Res2009-252).
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to amen
the main motion to add conditions h 2) and 3) of the Final Plat Resolution to state, "Include
conservation monuments consistent with the spacing requirements of wetland buffer monuments
in Section 21670 of the Zoning Ordinance, and include a specification for the conservation
monuments similar to plate ST -27. The gpplicant shall be responsible for acquiring the metal
plate." With all members voting in favor, the motion carried.
Councilmember Black commented that she has concerns with erosion, and one needs to infiltrate
in order to stop erosion problems. That currently isn't a requirement even though some of the
watersheds are considering it.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
8.2.1) Wetland Replacement Plan Application for "Elm Creek Highlands"
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to admt
a Resolution Approving the Wetland Replacement Plan Application (Res2009-253). With all
members voting in favor, the motion carried.
8.3) Resolution Denying the Preliminary and Final Plat of Kingsview Heights 5 th Addition
2009034)
Scott Nielsen, attorney, stated he's representing EICHI, Inc., who is requesting preliminary and
final plat approval of Kingsview Heights 5 Ih
Addition. This request was considered by the
Council at their September 8 Council meeting. He provided bound handouts to the Council and
the City Attorney that supported his clients request for preliminary and final plat approval of
Kingsview Heights 5th Addition. He reiterated that if the neighborhood or the City wants to
purchase the property, the applicant is would be open to that.
Mr. Nielsen made the following statements as he referred to the exhibits contained in the
documents that he provided to the Council and City Attorney:
1. The Planning Commission reviewed the proposed preliminary and final plats and stated
that the property meets the zoning.
2. Staff doesn't have a document that indicates that this Outlot (Outlot J) is open space.
Proposed Minutes 8 of 12 Regular Meeting of October 13, 2009
Page 11
3. This Outlot wasn't part of the homeowners association (HOA) documents, and he is
unaware of anything that clouds the development of this property
4. EICHI, Inc. owns this Outlot and has been maintaining and paying taxes on this property
since 1985.
5. Internal City staff communication from 1986 that contained a factual mistake.
6. Old Republic prepared a title report that indicates that EICHI, Inc. owns the Outlot.
Nothing in the title records that indicate that this property is owned by anyone other than
EICHI, Inc.
7. Documents indicate that this Outlot is "vacant land residential."
8. Nothing in the City's development contract states that this Outlot is an open space lot.
9. There is nowhere in any public document that states the HOA has an interest in this lot
other than the 1986 memorandum.
10. Nowhere in the Declaration of Covenants dated March 7, 1986 states that this Outlot is an
open space, trail, or anything, and this Outlot isn't included in the "common property." In
addition, this Outlot wasn't referenced as going with the development as other Outlots in
the development were.
In addition to the above items, he noted there was a bidding process for the purchase of farmland
adjacent to this Outlot, and the owner of this Outlot was outbid. After the sale of this property,
there was the need for a sewer easement over this Oulot. The owner/developer of the Outlot
informed the City that they could purchase the land for the sewer, but the City began
condemnation procedures (he referenced October 16, 1986 correspondence to Sarah McConn —
City staff). The owner of the Outlot informed the City that this property wasn't required as open
space as part of the PUD, and he intended to sell it to build a church or build a house on it. One
interpretation that this is after the platting and it's now in condemnation. They want to reduce the
price for condemnation. Ms. McConn responds a week later and indicates that this Outlot was
never mentioned for church or home, and that's incorrect. She notes that the HOA is to maintain
the Outlot. Mr. Neilson stated the basis of this memo was that it was never mentioned that the
Outlot would be sold or developed. Again, Ms. McConn draws this conclusion despite there is
nothing stated in any document that this would be open space.
Mr. Neilson stated on October 21, 1986 the City tells the property owner that they might not own
the Outlot. Therefore, staff asked the property owner why he just doesn't give the easement to
the City or be agreeable to $2,000 for the easement. He stressed that the City is dealing with the
property owner in 1986 who was the owner of the property.
Mr. Neilson referred to City Engineer correspondence dated April 7, 1987 (Exhibit 9) indicating
that the City has started the condemnation proceedings for the Outlot. He also referred to City
correspondence dated April 9, 1987 (Exhibit 10) stating that even though there are no documents
to support it, the Outlot should be under the ownership of the HOA. He stated there was no basis
for this assumption.
Mr. Neilson stated the Outlot and other outlots are on the PUD and outside the delineation. The
Outlot was used for density but it wasn't part of the trail or open space, which is the same for the
Outlots L, M, and N.
Proposed Minutes 9 of 12 Regular Meeting of October 13, 2009
Page 12
Councilmember Stein asked if this Outlot was excluded from the PUD, would the development
have met the density requirements. Mr. Neilson replied no.
Councilmember Johnson asked Mr. Neilson if he had a tax statement from 1986. Mr. Nei Ison
replied no.
Mr. Neilson referenced Exhibit 11, which was the Notice of Lis Pendens dated February 6, 1987
to the Harstads, and that continued when they discharged it to the Harstads who were the
property owners. He stated the City didn't believe that the HOA were owners of the property as
the condemnation actions were to the Harstads.
Mr. Neilson stated after the condemnation, items 1, 2, and 3 of Exhibit 13, indicated that this
Outlot wasn't included as open space, and it wasn't connected by walkways and trails. In
addition, the Outlot wasn't part of the PUD common area. Martin Harstad added that this was a
narrative that his father submitted to the City that was part of the microfiche records that the City
has.
Mr. Neilson stated the City denied Mr. Harstad's request in 1987 to build on this Outlot. He
stated Mr. Harstad couldn't do anything about it. When the PUD was prepared, the Outlot was
used for the density calculations. Mr. Harstad continued to pay taxes on the property, and HOA
did nothing for the next 22 years.
Mr. Neilson stated on Exhibit A, he referenced outlots L -N on the southeast side of the PUD and
the location of Outlot J. On June 20, 1994, Mr. Harstad went to plat Outlots L -N. In that
document, other outlots were included in the HOA, but not Outlot J. Outlots J, L -N, weren't
designated as common space during the platting.
Mr. Neilson stated his intent is to point out the factual basis of the 1986 memo from Sarah
McConn that was used for condemnation. Ms. McConn was informed that this Outlot was going
to be developed. It wasn't correct that this Outlot was going to be open space forever. He stated
that correspondence has hurt the property owner for 22 years as they can't sell it unless the City
wants to purchase the property. EICHI, Inc. owns the property, and they have a right to develop
this property, and it complies with all the zoning.
Mr. Neilson stated that he spoke with the Jim Yarosh, an attorney for the neighborhood, and he
informed Mr. Yarosh that the HOA hasn't done anything with this Outlot until they had an
interest in this property in 1996. Any claim that the HOA could have expired years ago, and they
have no claim as it's barred by the Statute of Limitations. EICHI, Inc. is requesting that the City
correct this mistake so that they are allowed to sell and/or develop this property.
Councilmember Willis stated one of the exhibits speaks to a graphic design, and he asked Mr.
Nielson if they have located that document. Mr. Neilson replied not at this time, but they are
looking for the condemnation documents at Hennepin County.
Proposed Minutes 10 of 12 Regular Meeting of October 13, 2009
Page 13
Mr. Neilson commented that his client has the narrative from 1987 which doesn't speak to this
Outlot being part of the open space for parkland and trails.
Councilmember Johnson asked why these questions weren't answered at that time. Martin
Harstad replied his father always represented that this Outlot would be developed in the future.
He stated he nor did his siblings have any idea that there was a 1986 memorandum from Sarah
McConn. Also, it would take an amendment to the PUD because of the density issue. His father
was blindsided because there was no mention of this Oulot being open space. His father always
intended to develop this property in the future. He stated he never even knew that the
memorandum from Ms. McConn existed until he reviewed the City's microfiche records.
The Council asked the City Attorney what the deadline is for action on this item. City Attorney
Knutson replied the deadline to act on the application is November 9.
Councilmember Willis asked Mr. Harstad if they would grant a 60 day extension so the Council
has additional time to review the material that has just been presented this evening. Mr. Harstad
stated that he would agree to a 60 -day extension.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to grant
a 60-dgy extension for review of this qpplication (deadline of December 9). With all members
voting in favor, the motion carried.
Mayor Slavik requested staff to notify the neighborhood when this item is to appear before the
Council again.
Reports and Staff Recommendations
9.1) Future Study Sessions
The Council set the following Special Meetings:
1. December 8 at 5:30 p.m. to review plans for the Hilde Performance Center.
2. November 30 at 6:00 p.m. to conduct board and commission interviews followed by a
joint meeting with the Environmental Quality Committee (approximately 7:00 p.m.).
3. November 24 at 6:00 p.m. to conduct update with the City Manager.
Mayor Slavik requested that for the joint meeting with the Environmental Quality Committee,
staff prepare a list of priorities for 20 10.
Proposed Minutes 11 of 12 Regular Meeting of October 13, 2009
Page 14
Adiournment
Mayor Slavik adjourned the meeting at approximately 10:20 p.m.
Sandra R. Engdahl, City Clerk
Proposed Minutes 12 of 12 Regular Meeting of October 13, 2009
Page 15
piCity0f
ymouth
Addin, Q.81, to Life
REGULAR
COUNCIL MEETING
October 27) 2009
Agenda 6.02Number:
To: Laurie Ahrens, City Manager
Prepared by: Deb Luesse, AP thru Jodi Bursheim, Finance Manager
Reviewed by: Calvin Portner, Director of Administrative Services
Item: Disbursements Ending October 18, 2009
1. ACTION REQUESTED:
Adopt the attached resolution to approve the disbursements for the period ending October 18,
2009.
2. BACKGROUND:
Attached is a list of city fund disbursements for the period ending October 18, 2009.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Check Registers
Resolution
Page 1
Invoice Expense Distribution for Period Ended 10.18.09/Council meeting 10.27.09
FUND 100 General Fund 532,736.20
200 Recreation Fund 16,402.52
210 Parker's Lake Cemetery Maint 0.00
220 Transit System Fund 4,657.39
204 Community Development Fund 0.00
205 Public Safety Grants 0.00
207 Economic Development Fund 0.00
208 Lawful Gambling 0.00
234 Economic Development Fund 0.00
250 Comm Dev Block Grant Fund 0.00
254 HRA Section 8 Fund 5.00
254 HAP Check Summary 3,218.00
258 HRA General Fund 26.48
400 General Capital Projects Fund 1,104.00
401 Minnesota State Aid Fund 0.00
403 Building & Equipment Rev. Fund 1,261.56
405 Park Replacement Fund 9,288.00
406 Infrasturcture Replacement Fund 56,425.96
407 Project Administration Fund 503.32
408 Park Construction 0.00
409 Capital Improvement Fund 0.00
412 Utility Trunk Fund 396.13
413 Improvement Project Construction 541,117.56
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 144,101.91
421 Enterprise -Other Construction 0.00
998 TIF # 7-2 O.S. (Const) 0.00
998 TIF # 7-3 P.O.S. (Const) 0.00
422 TIF #7-4 P.T.P (Const) 0.00
TIF Dev. Exp. Bonds 95 (Const) 0.00
423 TIF # 7-5 Rottlund (Const) 0.00
424 TIF #7-6 Continental (Const) 0.00
425 TIF Housing Assistance Program 0.00
426 TIF #7-7 Stonecreek ('Const) 0.00
427 TIF #7-8 Shops @ Plymouth Creek 0.00
428 TIF HRA Senior Apt. Constr. Fund 0.00
429 TIF HRA 1-3 Crossroads Station 0.00
430 CON -Open Spaces Series 0.00
500 Water Fund 55,065.05
510 Water Resources Fund 5,600.90
520 SewerFund 400,107.77
530 Solid Waste Management Fund 0.00
540 Ice Center Fund 8,170.90
550 Field House Fund 62.02
Central Services Fund 0.00
600 Central Equipment Fund 129,500.08
610 Public Facilities Fund 25,967.02
620 Information Technology Fund 23,458.17
630 Risk Management Fund 23,076.46
640 Employee Benefits Fund 443,309.12
660 Resource Planning 300.00
850 Senior Housing Bond Trustee 0.00
0.00
Total Invoice Expense Distribution: 2,425,861.52
Total sheets 2,425,861.52
Page 2
Cit Check Payment Registeryof
Plymouth 10/05/2009 to 10/18/2009
Check EFT Date Paid: 10/09/2009 ICMA
Inv. 2009-00000285 10/09/2009 ICMA - ICMA Deferred Comp
Check EFT Date Paid: 10/09/2009 ING
Inv. 2009-00000286 10/09/2009 ING - ING Deferred Comp
Check EFT Date Paid: 10/09/2009 Internal Revenue Service
Inv. 2009-00000287 10/09/2009 FED - Federal Withholding*
Check EFT Date Paid: 10/09/2009 Minnesota Revenue
Inv. 2009-00000289 10/09/2009 MN - Minnesota State Tax
Check EFT Date Paid: 10/09/2009 Selectaccount
Inv. 2009-00000295 10/09/2009 FSA MED - FSA Medical
Check 107298 Date Paid: 10/09/2009 3D Specialities
Inv.430563 07/30/2009 20 Yellow guide post for 36th ave cross walk
Check 107299 Date Paid: 10/09/2009 A-1 Outdoor Power Inc
Inv.231122 09/09/2009 Blade,valve needle spring,float
Amount: 14.91
Ace Lock & Safe Co IncCheck107300DatePaid: 10109/2009
Inv.A83676 08/10/2009 IC Lockerroorn rekey,broken key fr handle
Check 107301 DatePaid: 10/09/2009
Inv. 6335 09/30/2009
Inv. 6909 09/28/2009
Check 107302 Date Paid: 10/09/2009
Inv.520633 08/12/2009
Inv.527089 09/25/2009
Check 107303 Date Paid: 10/09/2009
Inv.105822181 09/14/2009
Check 107304 Date Paid: 10/09/2009
Inv. SVCINV10602 09/15/2009
Check 107305 Date Paid: 10/09/2009
Inv.2093109 09/17/2009
Check 107306 Date Paid: 10/09/2009
Inv.6013271376 09/18/2009
Amount: $39,736.71
39,736.71
Amount: $5,161.15
5,161.15
Amount: $144,266.74
144,266.74
Amount: $29,375.88
29,375.88
Amount: $33,441.01
33,441.01
Amount: $786.25
786.25
Amount: $100.94
100.94
Amount: $152.75
152.75
Action Fleet Inc Amount: 6,262.87
Unit 1005 K9 squad setup 5,918.82
Date Paid: 10/09/2009
5 Hole plug 3/4" unit 128 344.05
Check 107310
Adam's Pest Control, Inc. Amount: 316.84
Jul-Sep09 CC Pest Control 242.03
Sep09 PCC Pest Control 74.81
Airgas North Central Amount: 203.43
3 -oxygen @ 55.5 203.43
Alpha Video Inc Amount: 185.97
1 Panasonic color camera 24 VAC/Jail cell 185.97
American Test Center Amount: 1,515.00
Tower 1 1,aerial 21,ladder 31 safety inspection 1,515.00
Aramark Amount: 14.91
9.18.09 PW Service charge 14.91
Check 107307 Date Paid: 10/09/2009 Astleford International
Inv.T183154 09/04/2009 Thermostat
Check 107308 Date Paid: 10/09/2009
Inv. 090910 09/10/2009
Check 107309 Date Paid: 10/09/2009
Inv.090930 09/30/2009
Check 107310 Date Paid: 10/09/2009
Inv.4955 09/18/2009
Page 1 of 18
Baldy Sanitation Co
Sep09 Fire 123 Rubbish Removal
Barton Sand & Gravel Co
9.17/9.30.09 132.69ton W3/4 ASTM
Beaupre Aerial Equipment
Outrigger lock pin,decal
Amount: $28.15
28.15
Amount: $285.30
285.30
Amount: $2,661.79
2,661.79
Amount: $179.64
179.64
Page,A/19/2009
Check 107311 Date Paid: 10/09/2009
Inv. W05785031 09/14/2009
Inv. W05788031 09/16/2009
Inv. W05788521 09/16/2009
Inv. W05791441 09/17/2009
Check 107312 Date Paid: 10/09/2009
Inv. 76265R 09/15/2009
Check 107313 Date Paid: 10/09/2009
Inv. 7547MB 09/14/2009
Inv. 7558MB 09/15/2009
Inv. 7567MB 09/16/2009
Inv. 7581 MB 09/17/2009
Inv. 7588MB 09/18/2009
Check 107314 Date Paid: 10/09/2009
Inv. 11821 09/17/2009
Check 107315 Date Paid: 10/09/2009
Inv. 12879 09/16/2009
Check 107316 Date Paid: 10/09/2009
Inv.24975 09/29/2009
Check 107317 Date Paid: 10/09/2009
Inv.090930 09/30/2009
uerteison i otai urrice bowtions
Wall calendar/shirt pocket size/13month
plan ner/calenclar refill
Laser cordless mouse
Colored pads/pens/hlnd note/pen
Daily dsk calendar refill/quicknotes/3month wall
cal/yearly wall
Boyer Trucks
Indicator/tube asy
C S McCrossan Construction Inc
9.14.09 264.39ton LVWE45030B Rap
9.15.09 50.62ton LVWE45030B RAP
9.16.09 259.41ton LVWE45030B RAP
9.17.09 357.07ton LVWE45030B RAP
9.18.09 14.06ton 41 A wear/fines mix
City of Maple Grove
Aug09 Dog Impounds
Clare'n Al Enterprises Inc
Ryan Jansson 2 plates
Clear North Technologies
9.12.09/9.11.10 Compellent Hdwe/Sftwe maint
Cub Foods /3550 Vicksburg
Sep09 Food charges
Check 107318 Date Paid: 10/09/2009 Cushman Motor Co., Inc.
Inv. C0865 09/18/2009 3 Blade Hi Flow
Check 107319 Date Paid: 10/09/2009 Custom Interiors by Dave Inc
Inv. 091003 10/03/2009 #1 pymnt PCC wall paper project
Amount: $248.50
80.18
69.46
25.31
73.55
Amount: $147-94
147.94
Amount: $47,095.92
13,167.61
2,521.05
12,919.36
17,783.47
704.43
Amount: $1,338.13
1,338.13
Amount: 19.83
19.83
Amount: 13,206.85
13,206.85
Amount: 177.63
177.63
Amount: 48.70
48.70
Amount: 2,828.00
2,828.00
Check 107320 Date Paid: 10/09/2009 Dakota Supply Group Amount: $962.07
Inv.6201519 09/17/2009 1 RTRS 3" CMPD,2 Chamber complete $962.07
MDL12/rplcmnt
Check 107321 Date Paid: 10/09/2009
Inv. 206SEPT09 10/02/2009
Check 107322 Date Paid: 10/09/2009
Inv.8270159609 09/16/2009
Inv.8270160109 09/18/2009
Inv.8270160209 09/18/2009
Check 107323 Date Paid: 10/09/2009
Inv. INV32728 09/17/2009
Check 107324 Date Paid: 10/09/2009
Inv. 00888971N 09/15/2009
Inv. 0088913IN 09/15/2009
Check 107325 Date Paid: 10/09/2009
Inv.090930 09/30/2009
Inv.090930A 09/30/2009
Data Recognition Corporation
Sep09 UB Postage
DPC Industries7-1-nc
CWP 4455gl Sodium Hypo
ZWP 390gl Zinc Orthophosphate
CWP 270gl Zinc Orthophosphate
DTS/Document Tech Solutions
Waste toner bottle mx
Amount: $3,378.67
3,378.67
Amount: $10,327-35
3,964.95
3,759.60
2,602.80
Amount: $46.57
46.57
Earl F. Andersen Inc. Amount: $833.82
4-10'tubular/9"plates/ext rod/2-6 way street sign $395.42
14-9" street sign plates
eQuality Pathways to Potential
Sep09 PCC Janitorial
Sep09 IC Janitorial
438.40
Amount: $769.50
673.31
96.19
Page 2 of 18 Pageli/19/2009
Check 107326 Date Paid: 10/09/2009
Inv.13183839 09/18/2009
Inv.61169226 09/14/2009
Inv.61169258 09/14/2009
Inv.61169766 09/15/2009
Inv.61170354 09/17/2009
Inv.61170427 09/17/2009
Inv.61170443 09/17/2009
Inv.6169614 09/15/2009
Check 107327 Date Paid: 10/09/2009
Inv. MNPLY35498 08/31/2009
Check 107328 Date Paid: 10/09/2009
Inv.09083109 09/14/2009
Check 107329 Date Paid: 10/09/2009
Inv.1006805371 09/18/2009
Check 107330 Date Paid: 10/09/2009
Inv.890 09/15/2009
Factory Motor Parts Co
Disc pad kit
Pad kit/4-oil filt
9 -Oil fil
Pad kit/oil filter
Filter
Brk Pad kit/winter blade
Pro batt pp66
Super duty pads
Fastenal
150 var size galv pipe
Fendler Patterson Construction Inc
Proj7114 #6 Well 16
G & K Service Inc
Public Works Uniform Rental
Glacial Ridge Growers
18 flats Natives
Check 107331 Date Paid: 10/09/2009 Gopher State One -Call, Inc.
Inv.9090782 09/30/2009 Sep09 1411 SW Locates
Inv.9090783 09/30/2009 Sep09 CC 47 SW locates
Check 107332 Date Paid: 10/09/2009
Inv.9069217413 09/02/2009
Inv.9070822839 09/03/2009
Inv.9077163732 09/14/2009
Inv.9077163740 09/14/2009
Inv.9077820216 09/15/2009
Inv.9079722931 09/17/2009
Inv.9080091342 09/17/2009
Check 107333 Date Paid: 10/09/2009
Inv. INVO05669 09/15/2009
Grainger
1 Gear keeper by hammerhead
1 30min Safety flares
Flat panel articulating mou nt/screwd river bit set
Safety can/funnel spout/drill-driver kit
Trimmer line
Reducing coupling
Pleated filter/spray paint
Greystone Commercial Services LP
1 EZ Reacher W/Plain Sleeve
Amount: $508.75
41.84
71.64
38.19
68.55
9.15
79.11
89.45
110.82
Amount: $762.98
762.98
Amount: $111,425.64
111,425.64
Amount: $328.25
328.25
Amount: $258.00
258.00
Amount: $2,118.60
2,050.45
68.15
Amount: $803.64
23.50
128.41
291.98
276.34
10.10
34.66
38.65
Amount: $90.60
90.60
Check 107334 Date Paid: 10/09/2009 Grove Nursery Center Inc. Amount: $1,040.54
Inv.21054000 09/16/2009 9-Winterberry/6-arctic dogwood/6-ivory dogwood $466.19
Inv.21055900 09/17/2009 3 -Birch royal/1 magnolia/1 birch heritage/2
sedum
Check 107335 Date Paid: 10/09/2009 Hach Company
Inv.6410574 09/16/2009 Spadsns reagent soln/dpd refill/dpd free refill
Check 107336 Date Paid: 10/09/2009
Inv. S010038528 09/18/2009
Inv. S010038529 09/18/2009
Check 107337 Date Paid: 10/09/2009
Inv. 808 09/15/2009
Check 107338 Date Paid: 10/09/2009
Inv. 305779ORI 09/18/2009
Hartland Fuel Products ILILC
5008gl Unleaded
3005gl Diesel
Hawk Performance Specialties
Zamboni brush arm,pivot pin
Hawkins Water Treatment
900gl Hydrofluosilicic Acid
574.35
Amount: $330.11
330.11
Amount: $17,464.30
11,538.43
5,925.87
Amount: $304.33
304.33
Amount: $3,465.00
3,465.00
Page 3 of 18 Page,5/19/2009
Check 107339 Date Paid: 10/09/2009
Inv.685396A 07/22/2009
Inv. 685396cm 07/22/2009
Inv.701691 09/30/2009
Inv.701692 09/30/2009
Inv.817720 08/31/2009
Inv.818166 09/30/2009
Check 107340 Date Paid: 10/09/2009
Inv.090930 09/30/2009
Hedberg Aggregate
See credit&rplc inv 701691 w/corr prices
Cr inv due to wrong prices
Correct inv for 685396/see Cr 818166
See cr 817720
Cr inv 701692
Cr inv 685396/due to wrong prices
Hennepin County /NW #8121
Sep09 9.24ton Waste Hauling
Check 107341 Date Paid: 10/09/2009 Hennepin County Treasurer
Inv. 091015 10/08/2009 '09 2nd 1/2 property tax due
Check 107342 Date Paid: 10/09/2009
Inv.84827 09/15/2009
date Paid: 10/09/2009Check107343
Inv.033389690 09/30/2009
Check 107344 Date Paid: 10/09/2009
Inv -090920 09/18/2009
Hirshfield's
96 5gl White field marking paint
Hirshfield's
Brush,cetol
Holiday Fleii-
8-20/9-21-09 23 E-85 trips
Check 107345 Date Paid: 10/09/2009 HyMark Electric Inc
Inv. Q0891 09/20/2009 Lift station transfer switch sply and install
Amount:
Independent School District 284Check107346DatePaid: 10/09/2009
Inv. 21037 09/30/2009 Sep09 Gymnastics facility use
Amount:
Int'll Security ProductsCheck107347DatePaid: 10/09/2009
Inv.28957 09/19/2009 Replacement fence fabric for Plymouth Creek
Playfields
Check 107348 Date Paid: 10/09/2009 John Deere Landscapes
Inv.52571484 09/14/2009 1 1/2 pvc coupling/1 1/2 male adapter
John's Auto Electric IncCheck107349DatePaid: 10/09/2009
Inv.090923 09/23/2009 9.23.09 Dump motor
Inv.090928 09/28/2009 9.28.09 Unit 34 alternator repairs
Check 107350 Date Paid: 10/09/2009 Simonie J Kolarik
Inv.147797 10/08/2009 4235 Minnesota Ln water refund
Amount: $13.87
3,909.81
3,351.81)
3,092.11
1,932.80
1,932.80)
3,636.24)
Amount: 432.42
432.42
Amount: 1,672.55
1,672.55
Amount: 2,231.55
2,231.55
Amount: 262.75
262.75
Amount: $467.67
467.67
Amount: $4,109.92
4,109.92
Amount: $137.79
137.79
Amount: $626.85
626.85
Amount: $7.09
7.09
Amount: $410.76
211.60
199.16
Amount: $349.16
349.16
Check 107351 Date Paid: 10/09/2009 Kracker Jacks Entertainment Amount: $700.00
Inv.090926 09/29/2009 9.26.09 POP Drumline performance $700.00
date Paid: 10/09/2009Check107352
Inv.64488 09/01/2009
Inv. 64488cm 09/01/2009
Inv.70202 08/14/2009
Check 107353 Date Paid: 10/09/2009
Inv.134545 09/23/2009
Lake Restoration Inc
5 PCC submerged weeds/algae
Credit canceled service
2 Zachary Pond submerged weeds&algae
League of Minnesota Cities
11.19.09 Metro meeting
Check 107354 Date Paid: 10/09/2009 Litin Paper
Inv.339770 09/17/2009 PCC-2cs bags
Check 107355 Date Paid: 10/09/2009 Lowe's
Inv. 091002 10/02/2009 9.2/9.23.09 Hardware charges
Check 107356 Date Paid: 10/09/2009 M R Sign Co, Inc
Inv. 158816 09/18/2009 Hydro stripping & refacing traffic signs
Page 4 of 18
Amount: $316.20
315.18
315.18)
316.20
Amount: $40.00
40.00
Amount: $199.99
199.99
Amount: $427.99
427.99
Amount: Z04,bbO.0,5
4,665.53
Pagel§/19/2009
Check 107357 Date Paid: 10/09/2009 MES Inc
Inv. 00123451SNV 09/18/2009 2 -Supervisor battery
Check 107358 Date Paid: 10/09/2009 Metro Fire
Inv. 33901A 02/05/2009 2.5.09 TX Receiver Nightfighter HUD
Inv.35859 09/17/2009 Tx receiver nightfighter hud
Check 107359 Date Paid: 10/09/2009 Metropolitan Council -Waste
Inv.0000908312 09/02/2009 OctO9 Wastewater service
Check 107360 Date Paid: 10/09/2009 Mid America Sports Advantage
Inv.19507200 09/18/2009 2 Grooming rake,sideline markers
Check 107361 Date Paid: 10/09/2009 Minnesota Valley Testing Lab Inc
Inv.462269 09/08/2009 9.4.09 Water Analysis
Inv.462981 09/14/2009 9.11.09 Water Analysis
Inv.464244 09/21/2009 9.18.09 Water Analysis
Inv.465230 09/28/2009 9.25.09 Water Analysis
Check 107362 Date Paid: 10/09/2009
Inv.090930 09/30/2009
Check 107363 Date Paid: 10/09/2009
Inv. 090814 08/14/2009
Amount: $79.76
79.76
Amount: $464.96
236.67
228.29
Amount: $385,839.63
385,839.63
Amount: $255.85
255.85
Amount: $645.00
165.00
160.00
160.00
160.00
MN Dept of Labor & Industry Amount: $4,685.55
Conf# 7376053180 Sep09 Bldg Permit Surcharge $4,685.55
MN Dept of Labor & Industry Amount: $100.00
ZWP Elev [D#17834 annual permit $100.00
Check 107364 Date Paid: 10/09/2009 Jennifer & John Moore
Inv.24162995 10/08/2009 3425 Rosewood Ln N water refund
Check 107365 Date Paid: 10/09/2009 Morrie's Parts & Service
Inv. F6CS345613 09/15/2009 Unit 253 diesel engine repairs
Check 107366 DatePaid: 10/09/2009 MT1 Distributing Inc
Inv. 69350200 08/20/2009 Ridgemount irrigation supplies
Inv. 69496900 08/27/2009 Ridgemount irrigation supplies
Inv. 69892900 09/14/2009 25-11/2" pvc s/w class 160 20' length
Inv.69932900 09/15/2009 40-2" pvc s/w class 200 20'
Inv. 69947100 09/16/2009 Valve pilot directional
Inv. 70178200 10/01/2009 Cr irrigation supplies
Check 107367 Date Paid: 10/09/2009 NAPA Geniune Auto Parts Co
Inv.159464 09/10/2009 wax as you dry
Inv.160824 09/22/2009 Hazard flasher
Inv.161357 09/25/2009 T -wax, tire wet foam,thermometer test
Check 107368 Date Paid: 10/09/2009 Nardini Fire Equipment Co
Inv. 351218 08/18/2009 '09 Lift stations/well house fire exting inspect
Check 107369 Date Paid: 10/09/2009
Inv. 1932 09/15/2009
Check 107370 Date Paid: 10/09/2009
Inv.090930 09/30/2009
Inv.090930A 09/30/2009
Check 107371 Date Paid: 10/09/2009
Inv.00909489 09/30/2009
Natural Shore Technologies
Plants for Parkview Ridge wildflower garden
Robert Nesbitt
9.29/9.30 251 Mileage reimb/MNJAC trng
Reimb 6 rms/3 meals for 8-MNJAC conf
Amount: $109.83
109.83
Amount: $1,874.26
1,874.26
Amount: $1,070.17
307.13
1,534.49
161.92
464.27
162.02
1,559.66)
Amount: $104.44
11.73
16.02
76.69
Amount: $317.23
317.23
Amount: $76.95
76.95
Amount: $1,017.74
138.05
879.69
Norbert's Athletic Products Amount: $272.00
Gymnastic chalk,2x4 folding incline mat $272.00
Check 107372 Date Paid: 10/09/2009 North Country Concrete Inc
Inv.92223 09/14/2009 Curb work for well 16
Amount: $2,831.25
2,831.25
Page 5 of 18 Page,Z/19/2009
Check 107373 Date Paid: 10/09/2009 Northern Water Works Supply
Inv. S01220798001 09/17/2009 26-16 tyler vb scr top I/lid
Inv. S01220798002 09/17/2009 15-16 tyler 6850/6860 vb scr top I/lid
Inv. S01220798003 09/17/2009 5-16 tyler 6850/6860 vb scr top I/lid
Inv. S01220798004 09/18/2009 6-59tyl vb ext 18
Check 107374 Date Paid: 10/09/2009
Inv.488156654001 09/11/2009
Inv.488247455001 09/14/2009
Inv.488544443001 09/15/2009
Inv.488545501001 09/15/2009
Inv.488573881001
Inv -112118190909
09/16/2009
Inv.488760028001
Inv.112572180909
09/16/2009
Inv.489056312001
Inv -114317481009
09/18/2009
Inv.489056334001
Inv.141320909
09/18/2009
Inv.489098788001
Inv -141570909
09/18/2009
Inv.489105105001
Amount:
09/18/2009
Inv.489159762001 09/18/2009
Inv.489466437001
38.24
09/18/2009
Inv.489677673001 09/18/2009
Office Depot
90# white index/badge hldr/bsd 18
2 -Disinfectant wipes/8" scissors
Binder/envelopes
Desk stapier/planner/bifold/battery/opener/dsk
director
Reader/writer card
Pens/note bndr/pldge wipes/gIss wipes/od cInr
Wipes/hand sanitizer
1dz red pens/2dz pens med
Planner/mthly dskpd
Addr label/dsktop calculator
Triple partition
2dz pens
Mth planner
Check 107375 Date Paid: 10/09/2009 Prairie Restorations Inc
Inv.120837 09/14/2009 &26.09 PCC land mgmnt
Inv.120838 09/14/2009 8.26.09 Plym Disc Golf spot spray
Inv. 120915 09/17/2009 9.3.09 Vicksburg Ln tractor spot mow
Check 107376 Date Paid: 10/09/2009
Inv.243483 09/16/2009
Check 107377 Date Paid: 10/09/2009
Inv.55097850909 09/16/2009
Check 107378 Date Paid: 10/09/2009
Inv -112118190909
285.00
09/18/2009
Inv.112572180909
175.00
09/18/2009
Inv -114317481009
Amount:
09/18/2009
Inv.141320909 09/17/2009
Inv -141570909
90.83
09/17/2009
Check 107379 Date Paid: 10/09/2009
Inv.090901 10/01/2009
Check 107380 Date Paid: 10/09/2009
Inv. 301654 09/18/2009
Printers Service Inc
3-77" ice knife sharp
Qwest
Sep09 550.9785
Randy's Sanitation Inc
Sep09 CWP Rubbish Removal
Sep09 ZWP Rubbish Removal
OctO9 PCC Rubbish Removal
Sep09 PW/PM Rubbish Removal
Sep09 CC Rubbish Removal
Rick Johnson Deer & Beaver Inc
Sep09 3 Deer calls
Ricmar Industries
1 cs onestep/vandal mark removal
Check 107381 Date Paid: 10/09/2009 Saxon Mortgage Services Inc
Inv.246245 10/08/2009 5076 Everest Ln N water refund
Check 107382 Date Paid: 10/09/2009
Inv.022014430 09/04/2009
Check 107383 Date Paid: 10/09/2009
Inv.022014853 09/21/2009
Check 107384 Date Paid: 10/09/2009
Inv.022014982 09/25/2009
Scharber & Sons Inc
Turn signa,trimme
Scharber & Sons Inc
Oil Filter, trimme
Scharber & Sons Inc
2 Summer soil
Amount
460.85
460.85
230.42
304.72
Amount
8.61
24.41
84.99
82.30
33.65
21.03
13.51
12.97
58.98
8.40
31.36
18.79
11.23
1,456.84
410.23
Amount: $734.33
160.56
222.27
351.50
Amount: $54.00
54.00
Amount: $50.49
50.49
Amount: $1,130.98
54.02
59.02
248.09
307.80
462.05
Amount: 285.00
285.00
Amount: 175.00
175.00
Amount: 94.39
94.39
Amount: 90.83
90.83
Amount: 25.29
25.29
Amount: 38.24
38.24
Page 6 of 18 Pagel§/19/2009
Check 107385 Date Paid: 10/09/2009 Scharber & Sons Inc
Inv.022015100 09/30/2009 Filters,spool
Check 107386 Date Paid: 10/09/2009 St Joseph Equipment Inc
Inv. S174242 10/01/2009 Rim,stud,nut,seal
Check 107387 Date Paid: 10/09/2009 Street Fleet
Inv.243953 09/30/2009 9.16.09 Fr-. MTI
Check 107388 Date Paid: 10/09/2009 Streicher's Inc
Inv. 1665760 09/16/2009 2bx .38 spl blanks
Inv. 1666350 09/17/2009 Trouser
Inv. 1666357 09/17/2009 Polo shirt
Check 107389 Date Paid: 10/09/2009
Inv. 61492 09/24/2009
Check 107390 Date Paid: 10/09/2009
Inv. 10085806 09/01/2009
Inv. 10085807 09/01/2009
Inv. 10085808 09/01/2009
Inv. 10085809 09/01/2009
Inv. 10085844 09/02/2009
Inv. 10086007 09/10/2009
Inv. 10086026 09/10/2009
Inv. 10086183 09/17/2009
Inv. 10086408 09/24/2009
Inv. 10086443 09/24/2009
Inv. 10086444 09/24/2009
Inv. 10086538 09/28/2009
Inv. 1086445 09/24/2009
Amount: $109.32
109.32
Amount: $444-54
444.54
Amount: $15.63
15.63
Amount: $171.52
86.54
54.99
29.99
Structural Wood Corporation Amount: $409.12
Laminated deck doug fir/larch 409.12
Suburban Tire Wholesale Inc Amount: $3,293.62
1 11 R22.5 333.09
1 11 R22.5 333.09
1 11R22.5 tire 333.09
1 11R22.5 tire 333.09
1 P175/65R14 Integrity tire 43.32
2 23x8.50/9.50/10.50-12 tires 23.17
1 23xlO.50-12NHS tire 73.35
1 23xlO.50-12NHS tire 81.75
1 11 R22.5 tire 340.90
1 11 R22.5 tire 340.90
1 11 R22.5 tire 340.90
4 P225/75R16 Wrangler tires 376.07
1 11 R22.5 tire 340.90
Check 107391 Date Paid: 10/09/2009 SWIWC Service Cooperatives
Inv. 091101 10/08/2009 Nov09 BCBS Medical Insurance
Check 107392 Date Paid: 10/09/2009 Taho Sportswear
Inv. 09TF1798 09/16/2009 100-t shirt
Check 107393 Date Paid: 10/09/2009 Toll Company
Inv. 280182 09/16/2009 40 -cable flex-aprene #4
Inv.280465 09/18/2009 Propane fuel @ 20.93
Check 107394 Date Paid: 10/09/2009 Traffic Marking Services Inc
Inv.4268 09/16/2009 09 Pavement marking
Check 107395 Date Paid: 10/09/2009
Inv. 3802 09/30/2009
Check 107396 Date Paid: 10/09/2009
Inv.SO3204901 09/21/2009
Tri -K Services, Inc.
Sep09 80yds Pulv topsoil
USA Mobility Wireless Inc
9.22/10.21.09 RAD pager rentals
Check 107397 Date Paid: 10/09/2009 Vance Brothers Inc
Inv. 16541 09/15/2009 800 gal CRS -2
Check 107398 Date Paid: 10/09/2009 Vermeer Sales & Service
Inv.P39898 08/24/2009 20 Screw -HCS, 4 knife
Check 107399 Date Paid: 10/09/2009 Viking Trophies
Inv.96777 09/18/2009 3-8x1O plaque/3-7x9 plaque
Inv.96784 09/18/2009 Custom 5x1O plaque
Page 7 of 18
Amount: $185,460.00
185,460.00
Amount: $418.40
418.40
Amount: $67.46
40.61
26.85
Amount: $198.04
198.04
Amount: $897.75
897.75
Amount: $77.28
77.28
Amount: $2,009.25
2,009.25
Amount: $354.01
354.01
Amount: $340.13
168.70
171.43
Page,?/19/2009
Check 107400 Date Paid: 10/09/2009 Waste Management Services
Inv.520237505000 10/01/2009 OctO9 IC Rubbish Removal
Check 107401 Date Paid: 10/09/2009 Westside Wholesale Tire Inc.
Inv.627771 09/30/2009 Unit 540 install tube
Inv.627871 10/01/2009 Unit 221 mount tire
Check 107402 Date Paid: 10/09/2009 Scott Whiteford
Inv. 090818 08/19/2009 Summer'09 Tuition/Police Instructor Dev
Check 107403 Date Paid: 10/09/2009 Wright -Henn Elec. Co.
Inv. 091015 09/16/2009 Street Lighting
Check 107404 Date Paid: 10/09/2009
Inv. 51626172430909 09/30/2009
Check 107405 Date Paid: 10/09/2009
Inv.54108906 08/19/2009
Inv.54109007 09/16/2009
Inv.54109009 09/17/2009
Inv.54109010 09/17/2009
Inv.54109013 09/17/2009
Inv.54109014 09/17/2009
Xcel Energy
8.15/9.16.09 PCC, HS,CC, PS, FS3, Residential
light
Zee Medical Service
IC Medical resupply
9.16.09 FS3 Medical resupply
9.17.09 CWP Medical resupply
9.17.09 PW Medical resupply
9.17.09 CC Medical resupply
9.17.09 PD Medical resupply
Check 107406 Date Paid: 10/09/2009 Ziegler Inc
Inv. PCO01164767 09/18/2009 2 -battery
Check 107407 Date Paid: 10/09/2009 Eric Blank
Inv.090925 09/25/2009 9.23/9.25.09 141 Mileage MRPA state conf
Check 107408 Date Paid: 10/09/2009 Jamie Heying
Inv.090928 09/28/2009 Reimb 482 Mileage/CERT
Check 107409 Date Paid: 10/09/2009 Greg Krause
Inv.090925 09/25/2009 7.26/9.25.09 AT&T Cell reimb
Check 107410 Date Paid: 10/09/2009 Papa John's Pizza
Inv. 091022 10/07/2009 10.22.09 Chaplain corps meeting
Check 107411 Date Paid: 10/09/2009 Ottis, Amanda
Inv. Park - 1 09/09/2009 Parks and Rec Refund
Check 107412 Date Paid: 10/09/2009 Women of the West
Inv. Park - 1 10/07/2009 Parks and Rec Refund
date Paid: 10/09/2009Check107413 Commercial Asphalt d -o.
Inv.090930 09/30/2009 9.30.09 32.46ton 41A Wear 6.0% B
Amount: 342-96
342.96
Amount: $766.83
Amount: 58-12
38.12
766.83
20.00
Amount: 900-00
900.00
Date Paid: 10/09/2009
Amount: 8,994.17
8,994.17
8.19/8.27.09 IC concession supplies
Amount: 63,452.74
63,452.74
Amount: $702.19
54.55
64.02
74.90
195.66
153.85
159.21
Amount: $291.75
291.75
Amount: $77.55
77.55
Amount: $265.10
265.10
Amount: $123.91
123.91
Amount: $55.00
55.00
Amount: $36.00
36.00
Amount: $300.00
300.00
Amount: $1,758.77
1,758.77
Check 107414 Date Paid: 10/09/2009 Permanent Impressions Amount: $766.83
Inv. 10515 09/10/2009 GRT00564 1,000 pens 766.83
Sam's ClubCheck107415DatePaid: 10/09/2009 Amount: $113.55
Inv.090908 09/08/2009 8.19/8.27.09 IC concession supplies 113.55
Check 107416 Date Paid: 10/09/2009 Zee Medical Service
Inv.54108900 08/19/2009 ZWP Medical resupply
Check 107417 Date Paid: 10/16/2009 Ace Lock & Safe Go Inc
Inv.A83934 09/21/2009 73rd Station lock replacement
Check 107418 Date Paid: 10/16/2009 Action Fleet Inc
Inv. 6343 09/22/2009 Unit 1003 Squad set up
Page 8 of 18
Amount: $64.93
64.93
Amount: $680.36
680.36
Amount: $539.68
539.68
Page V/19/2009
heCK lUf4lU uate vaia: iu/ib/zuu9 Alliea Yvaste zoervices
Inv.0894001918309 09/30/2009 Sep09 PIVI Waste hauling
Check 107420 Date Paid: 10/16/2009 American Airworks
Inv. 212113 09/25/2009 1 card, parallel] port, printer cable, laptop
Check 107421 Date Paid: 10/16/2009 American Messaging Services LLC
Inv. D2081166JJ 10/01/2009 OctO9 PID pager rental
Check 107422 Date Paid: 10/16/2009 American Supply Group Inc
Inv.28993 10/06/2009 PW 2cs 6oz cups
Check 107423 Date Paid: 10/16/2009 Aramark
Inv. 271411 09/22/2009 PCC 2reg,cup,stirstix,tea
Check 107424 Date Paid: 10/16/2009 Ty Armstrong
Inv. 091 10/05/2009 Fall 2009 Golf instruction
Check 107425 Date Paid: 10/16/2009 Arrow Terminal LLC
Inv. 0063405IN 09/14/2009 100-14ga 2 qiew 100' spool brake cable
Check 107426 Date Paid: 10/16/2009 Astech Corp
Inv.090909 09/09/2009 Proj9108 #1 '09 Mill&Overlay
Inv.8435 09/01/2009 34th Ave Mill&Overlay #1/Final
Check 107427 Date Paid: 10/16/2009 Back 2 Basics Learning LLC
Inv. FaII095 10/03/2009 Sep-OctO9 Twoosy Doodler art classes
Inv. FaII098 10/04/2009 Sep09 American Girl Doll class
Check 107428 Date Paid: 10/16/2009 Batteries Plus
Inv.21132495 09/18/2009 3-6V battery
Check 107429 Date Paid: 10/16/2009 Berkley Risk Administrators Co
Inv.1433030 09/30/2009 '09 3rd qtr workers comp
Check 107430 Date Paid: 10/16/2009
Inv. W05799471 09/23/2009
Inv. W05802521 09/24/2009
Check 107431 Date Paid: 10/16/2009
Inv.200906093 10/12/2009
Check 107432 Date Paid: 10/16/2009
Inv.335336 09/25/2009
Bertelson Total Office Solutions
Tape dispenser/12rl-mendg perm tape
Wall calendar/daily appt bk/self stick ultra
pads/1 ct paper twl
BLIK Electrical
14075 37th Ave Permit 200906093 refund
Boyer Trucks
Indicator/fuel filt
Check 107433 Date Paid: 10/16/2009 Malia Burkhart
Inv. 092 10/05/2009 9.26.09 POP stilt walker
Amount: 184.25
Check 107434 Date Paid: 10/16/2009 C S McCrossan Construction Inc
Inv. 7598MB 09/21/2009 9.21.09 191.27ton LVWE45030B RAP
Inv. 7608MB 09/22/2009 9.22.09 LVWE45030B RAP
Inv. 7615MB 09/23/2009 9.23.09 330.88ton LVWE45030B RAP
Inv. 7630MB 09/24/2009 9.24.09 37.83ton 41 A Wear PO 2899
Inv. 7647MB 09/25/2009 9.25.09 12.99ton 41 A Wear
Check 107435 Date Paid: 10/16/2009 Cadd/Engineering Supply Inc
Inv. 231181 09/25/2009 2-241b coated bond
Check 107436 Date Paid: 10/16/2009 CenterPoint Energy
Inv.602784620909 09/24/2009 8.19/9.22.09 WTP 1
Amount: oa-i u.zu
510.20
Amount: 184.25
184.25
Amount: 96.04
96.04
Amount: 45.46
45.46
Amount: $158.97
158.97
Amount: $375.00
375.00
Amount: $36.32
36.32
Amount: $557,911.91
541,117.56
16,794.35
Amount: $672-00
432.00
240.00
Amount: $35.26
35.26
Amount: $6,500.00
6,500.00
Amount: $128.64
18.61
110.03
Amount: $47.50
47.50
Amount: $59.32
59.32
Amount: $100.00
100.00
Amount: $30,055.42
9,525.92
1,478.68
16,479.05
1,914.40
657.37
Amount: $101.37
101.37
Amount: $1,061.81
1,061.81
Page 9 of 18 Page 4/19/2009
Check 107437 Date Paid: 10/16/2009 City of Maple Grove
Inv. 090918 09/21/2009 Safe&Sober grant reimb
Check 107438 Date Paid: 10/16/2009 City of Minnetonka
Inv. 090918 09/21/2009 Safe&Sober grant reimb
Check 107439 Date Paid: 10/16/2009 City of Plymouth/Sewer & Water
Inv. 24105651092309 09/23/2009 Metrolink/Reserve
Check 107440 Date Paid: 10/16/2009 Classic Asphalt
Inv.23220 09/21/2009 Zackary overlay tennis court
Check 107441 Date Paid: 10/16/2009 Coca Cola Enterprises Bottling
Inv.0138196827 09/23/2009 IC Concession pop resupply
Inv.0148054924 09/09/2009 IC Concession pop resupply
Check 107442 Date Paid: 10/16/2009 Comcast
Inv.091008 10/08/2009 10.18/11.17.09 Dataline
Check 107443 Date Paid: 10/16/2009 Commercial Refrigeration Syst
Inv.38144 07/22/2009 IC 7.13.09 Compressor #1 service
Check 107444 Date Paid: 10/16/2009 Community Health Charities
Inv. 2009-00000284 10/09/2009 CHAR CHC - Community Health Charities
Check 107445 Date Paid: 10/16/2009 Dennis Craswell
Inv. 091009 10/09/2009 2009 Water Resources Grant
Check 107446 Date Paid: 10/16/2009 Cretex Concrete Products North Inc
Inv.SO00018780 09/21/2009 2 4.5x3.5x6 TYP477 slab
Check 107447 Date Paid: 10/16/2009
Inv. 0195840IN 09/22/2009
Check 107448 Date Paid: 10/16/2009
Inv.26588 09/23/2009
Amount: $1,247.76
1,247.76
Amount: $1,471.44
1,471.44
Amount: $16.47
16.47
Amount: $53,170.00
53,170.00
Amount: $773.35
326.20
447.15
Amount: $199.90
199.90
Amount: $4,019.09
4,019.09
Amount: $44.00
44.00
Amount: $350.00
350.00
Amount: $442.46
442.46
Crown Marking Inc Amount: $27.47
CD 1 "Important" stamp 27.47
Crystal Welding Inc Amount: $737.44
2 17x23 Reading boards 737.44
Check 107449 Date Paid: 10/16/2009 Dakota Supply Group
Inv.6214501 09/25/2009 48 3/4" M35 short,48 3/4" #2 setters(resale)
Inv.6214520 09/25/2009 4 1 "A 1 V4 setter(resale)l 2 #2 setter rplcmnt
Check 107450 Date Paid: 10/16/2009 Dalco
Inv.2137043 09/24/2009 CC 10cs towels, 10cs TP
Check 107451 Date Paid: 10/16/2009 Dey Distributing Inc
Inv. DM14138160 09/22/2009 FS cap for dishwasher
Check 107452 Date Paid: 10116/2009 DTS/Document Tech Solutions
Inv. INV33163 09/25/2009 Waste toner bottle mx
Check 107453 Date Paid: 10/16/2009
Inv. 279 09/26/2009
Check 107454 Date Paid: 10/16/2009
Inv. 0010871 IN 09/25/2009
Inv. 00108741N 09/25/2009
Check 107455 Date Paid: 10/16/2009
Inv.447903 09/25/2009
Ronald Eastbourne/CNR Technology
PS emer help inn lock up communication
Electrical Installation & Mnt
Zach Park rpIc bulbs&fuses
Repair bad socket carlson pkwy@cheshire In
Esch Construction Supply Inc
8 V belt/walk behind saw
Amount: $12,943.35
11,184.00
1,759.35
Amount: $1,182.17
1,182.17
Amount: $8.03
8.03
Amount: $46.57
46.57
Amount: $1,475.71
1,475.71
Amount: $655.54
545.54
110.00
Amount: $85.41
85.41
Page 10 of 18 Page q/19/2009
Check 107456 Date Paid: 10/16/2009
Inv.22608392 09/25/2009
Inv.61170803 09/18/2009
Inv.61171523 09/22/2009
Inv.61172193 09/24/2009
Inv.61172587 09/25/2009
Inv.61174017 09/22/2009
Factory Motor Parts Co
Element
SP plug/pro batt
Air filt/fuel filter/transmission filter/winter
blade/element
Element/oil filter
Super duty pads
Oil filt/of pp/fuel filter
Amount: $696.25
32.12
309.27
168.92
23.45
109.97
52.52
Check 107457 Date Paid: 10/16/2009 Filtration Systems Inc. Amount: 496.24
Inv. 31930 09/23/2009 Zachary plant -48 filters 496.24
Inv.9083054644
Check 107458 Date Paid: 10/16/2009 Finishing Touch Painters Inc Amount: 1,097.00
Inv. 091008 10/08/2009 Gazebo, scoreboards, concession paint/waterproof 1,097.00
Check 107459 Date Paid: 10/16/2009 Annette Fragale Amount: 309.00
Inv. 090915 09/15/2009 8.3/8.5.09 Magic&More,Creating Balloon animals 309.00
Check 107460 Date Paid: 10/16/2009 Frattallone's Hardware Store Amount: 7.17
Inv. 031674MA 09/10/2009 6 Bulbs 7.17
Check 107461 Date Paid: 10/16/2009 G & K Service Inc Amount: 319.03
Inv.1006816977 09/25/2009 Public Works Uniform Rental 319.03
Check 107462 Date Paid: 10/16/2009 G M Contracting Inc Amount: 21,624.55
Inv.090810 08/10/2009 Proj7114 #3/Final Well 16 21,624.55
Check 107463 Date Paid: 10/16/2009 Todd Gerecke Amount: 1,080.00
Inv.13630 09/21/2009 8.31/9.17.09 Forced cuts/city weed mowing 1,080.00
Check 107464 Date Paid: 10/16/2009 Grafix Shoppe Amount: 316.96
Inv.66252 09/24/2009 Unit 1005 K-9 squad new setup graphics 171.96
Inv.66265 09/25/2009 Lettering on rescue boat 145.00
Check 107465 Date Paid: 10/16/2009
Inv. 9079722923 09/17/2009
Inv.9081749781 09/21/2009
Inv.9082720369 09/22/2009
Inv.9083054644 09/22/2009
Inv.9084482836 09/24/2009
Inv.9084848879 09/24/2009
Inv.9084848887 09/24/2009
Check 107466 Date Paid: 10/16/2009
Inv.943982163 10/07/2009
Grainger
Safety can
Marine receptacle
2 -Towel shop
Battery
Strink knit glove
Electric ballast
4-Ballast/light emergency
Graybar
Conduit for well communications
Check 107467 Date Paid: 10/16/2009 Great Exteriors
Inv.200901220 10/12/2009 12080 41st Ave Permit 200901220 refund
Check 107468 Date Paid: 10/16/2009 Gregor Farm & Greenhouse
Inv. 2962 09/16/2009 22 -shrubs weigela/ninebark
Check 107469 Date Paid: 10/16/2009 Sylvia Grismer
Inv. 091009 10/09/2009 2009 Water Resources Grant
Check 107470 Date Paid: 10/16/2009 Grove Nursery Center Inc.
Inv.21043900 09/14/2009 Smokebush/nenbark/mockorange
Page 11 of 18
Amount: $524.27
44.97
69.93
23.15
30.90
2.00
227.96
125.36
Amount: $2,456.30
2,456.30
Amount: $96.90
96.90
Amount: $109.93
109.93
Amount: $125.58
125.58
Amount: $168.65
168.65
Page A/119/2009
Check 107471 Date Paid: 10/16/2009 GS Direct Inc Amount: 214.37
Inv.262456 09/18/2009 4-36x3OO 241b coated ij bond 214.37
Check 107472 Date Paid: 10/16/2009 Hamel Lumber and Supply Inc Amount: 2,315.59
Inv.72299 09/23/2009 Sep09 Hardware Supplies 5.39
Inv.72377 09/03/2009 Sep09 Hardware Supplies 26.71
Inv.72419 09/23/2009 Sep09 Hardware Supplies 514.89
Inv.72493 09/09/2009 Sep09 Hardware Supplies 9.56
Inv.72644 09/23/2009 Sep09 Hardware Supplies 22.38
Inv.72773 09/18/2009 Sep09 Hardware Supplies 23.03
Inv.72850 09/22/2009 Sep09 Hardware Supplies 8.78
Inv.72871 09/23/2009 Sep09 Hardware Supplies 465.04
Inv.72872 09/23/2009 Sep09 Hardware Supplies 84.45
Inv.72877 09/23/2009 Sep09 Hardware Supplies 62.85
Inv.72890 09/23/2009 Sep09 Hardware Supplies 18.84
Inv.72896 09/23/2009 Sep09 Hardware Supplies 51.55
Inv.72955 09/25/2009 Sep09 Hardware Supplies 19.35
Inv.73047 09/30/2009 Sep09 Hardware Supplies 1,002.77
Check 107473 Date Paid: 10/16/2009 Hawkins Water Treatment Amount: 8,294.50
Inv. 3059286RI 09/24/2009 CWP 325gl Sodium Permanganate 4,829.50
Inv. 3059287RI 09/24/2009 ZWP 900gl Hydrofluosilicic Acid 3,465.00
Check 107474 Date Paid: 10/16/2009 John Heibel Amount: 71.23
Inv.091001 10/01/2009 4 gift certificates for bike club luncheon 71.23
Check 107475 Date Paid: 10/16/2009 Henn Co Treasurer/Parkers; Lk Golf Ctr Amount: 5,522.00
Inv.207 10/09/2009 2009 Summer golf league instructions 5,522.00
Check 107476 Date Paid: 10/16/2009 Hennepin Tech College Amount: 185.00
Inv. 091117C 10/15/2009 Curtis Smith/Terrorism&Emerg prepare 185.00
Check 107477 Date Paid: 10/16/2009 Henry's Waterworks Inc Amount: 3,554.39
Inv.13730 09/22/2009 39-8" repair tops gate valves/1 1-9" valve box 1,717.48
riser
Inv.13736 09/22/2009 Gate valve parts 1,836.91
Check 107478 Date Paid: 10/16/2009 Home Depot Amount: 2,249.49
Inv.090909 09/23/2009 8/28-9/26 Hardware Charges 2,249.49
Check 107479 Date Paid: 10/16/2009 Hopkins Parts Co. Amount: 723.72
Inv.038457 09/02/2009 Sep09 Equipment Repair 48.84
Inv.038464 09/02/2009 Sep09 Equipment Repair 24.80
Inv.038658 09/08/2009 Sep09 Equipment Repair 166.96
Inv.038668 09/08/2009 Sep09 Equipment Repair 19.43
Inv.038691 09/08/2009 Sep09 Equipment Repair 37.19
Inv.038745 09/09/2009 Sep09 Equipment Repair 34.76
Inv.038787 09/10/2009 Sep09 Equipment Repair 95.03
Inv.039128 09/23/2009 Sep09 Equipment Repair 93.30
Inv.039133 09/16/2009 Sep09 Equipment Repair 23.18
Inv.039301 09/21/2009 Sep09 Equipment Repair 59.85
Inv.039398 09/22/2009 Sep09 Equipment Repair 2.63
Inv.039467 09/23/2009 Sep09 Equipment Repair 18.62
Inv.039841 09/30/2009 Sep09 Equipment Repair 61.22
Inv.039848 09/23/2009 Sep09 Equipment Repair 37.91
Page 12 of 18 Page 4/19/2009
Check 107480 Date Paid: 10/16/2009
Inv. T034PIymouth 10/07/2009
Inv. T0936PIymouth 10/07/2009
Inv. T0937PIymouth 10/07/2009
mymarK tiectric mc
Well 6 TVSS bad /rpIc PO 3471
Emberg Generator receptacle changeout/PO
3471
ASCO portable generator w/cord&plug end
t;neCK IU[4t$l wate raia: iu/ibizuuv invi becurny t-roaucts
Inv.28982 09/25/2009 100 -ties alum 9ga
Check 107482 Date Paid: 10/16/2009
Inv.00129076 08/28/2009
Check 107483 Date Paid: 10/16/2009
Inv.424235001 09/25/2009
Inv.424235002 09/24/2009
Check 107484 Date Paid: 10/16/2009
Inv.091009 10/09/2009
Check 107485 Date Paid: 10/16/2009
Inv.18573 08/14/2009
Check 107486 date Paid: 10/16/2009
Inv.6427 09/22/2009
Inv.6428 09/25/2009
Check 107487 Dat-ePaid: 10/16/2009
Inv.107888 09/24/2009
Check 107488 Date Paid: 10/16/2009
Inv.090930 09/30/2009
Irrigation By Design
FS feeder line repairs
J H Larson Electrical Co
3w angle plug/3w flush pwr rcpt
250 3w flush pwr rcpt
Tawnia Johnson
2009 Water Resources Grant
KD & Company
17 pulverized dirt
Kidd Plumbing Inc
IC 1" relief valve service
IC Broken sillcock service
Kriss Premium Products Inc
IC 5gl CWT 350 Dichloro Microbiocide
Lawn King, Inc.
Sep09 Sod & supplies
Check 107489 Date Paid: 10/16/2009 League of Minnesota Cities
Inv. 134158 09/11/2009 HR classes/interviewsin/hiring& employee
perform
Check 107490 Date Paid: 10/16/2009 Magnetic Products & Services
Inv. 01 143651N 09/24/2009 IT 16 Maxwell labeled w/case,14 w/case
Check 107491 Date Paid: 10/16/2009
Inv. 091009 10/09/2009
Check 107492 Date Paid: 10/16/2009
Inv. 091 10/05/2009
Check 107493 Date Paid: 10/16/2009
Inv. 115881 09/24/2009
Check 107494 Date Paid: 10/16/2009
Inv.118919 09/22/2009
Check 107495 5-ate Paid: 10/16/2009
Inv.35895 09/22/2009
Check 107496 Date Paid: 10/16/2009
Inv.61634 09/01/2009
Inv.611677 09/22/2009
y
2009 Water Resources Grant
Paul Martinson
Fall 2009 Golf instruction
Matrix Laser Care Inc
Toner for Printers
Metro Athletic Supply Inc
5-10' playground balls
Metro Fire
Orion upgrade kit
Metro Water Conditioning Inc.
FS1 63 40# pellets
63-40# pellets
Check 107497 Date Paid: 10/16/2009 Minnesota Sword Play
Inv. 93001 09/30/2009 9.9/10.28.09 Fencing lessons
Check 107498 Date Paid: 10/16/2009 Minnesota Volleyball Headquarters
Inv. 430 10/12/2009 9.12/10.17.09 Youth Volleyball leagues
Amount: $4,274.14
367.54
3,411.00
495.60
Amount: $19.24
19.24
Amount: 635.36
635.36
Amount:
1,000.00
26.75
13.71
Amount:
13.04
375.00
Amount: 169.95
169.95
2,204.83
Amount: 251.42
251.42
37.14
Amount: 556.00
335.50
55.30
220.50
Amount: 134.21
134.21
Amount: 355.32
355.32
Amount: $60.00
60.00
Amount: 896.69
896.69
Amount: 1,000.00
1,000.00
Amount: 375.00
375.00
Amount: 2,204.83
2,204.83
Amount: 37.14
37.14
Amount: 55.30
55.30
Amount: $796.91
396.61
400.30
Amount: $1,500.00
1,500.00
Amount: $1,650.00
1,650.00
Page 13 of 18 Page 15/119/2009
Check 107499 Date Paid: 10/16/2009 Minnesota/Wisconsin Playground
Inv.2009285 09/22/2009 Rolling Hills plygmd equipment
Check 107500 Date Paid: 10/16/2009 MN Dept of Commerce
Inv.060630 10/12/2009 7.1.05/6.30.06 Unclaimed Property
Check 107501 Date Paid: 10/16/2009 MN Pollution Control Agency
Inv. 091117 10/15/2009 Forbes/Christensen Sewer School
11.17/11.19.09
Check 107502 Date Paid: 10/16/2009 MN Pollution Control Agency
Inv. 091008 10/08/2009 Kevin Johnson SD sewer license renewal
Check 107503 Date Paid: 10/16/2009 MN Rural Water Association
Inv. 091117 10/13/2009 Cook, Morris, Hofstedt, Newberger
Cross/Connection" trainng
Check 107504 Date Paid: 10/16/2009 Mobile Lock And Safe Co.
Inv.03795 08/18/2009 Bass Lk LS padlocks/Door work
Inv.03872 09/18/2009 Bass Lk LS padlocks/Door work
Check 107505 Date Paid: 10/16/2009
Inv. 472144 09/22/2009
Check 107506 Date Paid: 10/16/2009
Inv. 091022 10/15/2009
Check 107507 Date Paid: 10/16/2009
Inv.353378 09/21/2009
Check 107508 Date Paid: 10/16/2009
Inv.091012 10/09/2009
Check 107509 Date Paid: 10/16/2009
Inv.090930 09/30/2009
Check 107510 Date Paid: 10/16/2009
Inv. 10000065683NWS 09/25/2009
Check 107511 Date Paid: 10/16/2009
Inv.3780 09/14/2009
Morrie's Parts & Service
Switch
MSTMA
Lowell Luebeck/10.22.09 workshop registr
Nardini Fire Equipment Co
FS1 ABC fire ext inspect
Robert Nesbitt
9.28/10.9.09 MN Joint Analysis
Amount: $20,543.88
20,543.88
Amount: $796.11
796.11
Amount: $560.00
560.00
Amount: $23.00
23.00
Amount: $500.00
500.00
Amount: $985.82
341.27
644.55
Amount: $51.60
51.60
Amount: $45.00
45.00
Amount: $12.31
12.31
Amount: $3,287.00
3,287.00
New Paper LLC Amount: $64.58
9.15/9.22.09 In store charges $64.58
New World Systems Amount: $667.87
8.18/8.20.09 Travel exp $667.87
North Memorial EMS Education Amount: $16.50
9.10/11.24 Jaeger/Olson 1 st responder course/cr $16.50
voucher
Check 107512 Date Paid: 10/16/2009 Northern Sanitary Supply Co Amount: $165.66
Inv.137845 09/25/2009 36 -urinal screen/6-glass clnr/6-mophead 165.66
Check 107513 Date Paid: 10/16/2009 Office Depot Amount: $552.36
Inv.488740706001 09/22/2009 Stamp/stamper refill 36.06
Inv.489464502001 09/22/2009 Scissors 5.30
Inv.489468070001 09/22/2009 2dz pens/perf pad/fle folder/scotch tape/sign here 69.42
tape fIgs
Inv.489514806001 09/22/2009 File folder 179.59
Inv.489874034001 09/24/2009 letter folder 19.74
Inv.489874216001 09/24/2009 Purell wipes 3.28
Inv.489874217001 09/24/2009 Post it pad 4.69
Inv.490067820001 09/25/2009 Refill/planners/labels/cd spindle 217.07
Inv.490070410001 09/25/2009 Lsr card/2dz-highlighters 17.21
Check 107514 Date Paid: 10/16/2009 On Site Sanitation Amount: $374.07
Inv.A376894 09/30/2009 Toilets for Plymouth on Parade 374.07
Page 14 of 18 Page 4/19/2009
Check 107515 Date Paid: 10/16/2009
Inv.8394221 09/15/2009
Inv.8394631 09/30/2009
Check 107516 Date Paid: 10/16/2009
Inv.30420 09/22/2009
Check 107517 Date Paid: 10/16/2009
Inv.091012 10/12/2009
Check 107518 Date Paid: 10/16/2009
Inv.243601 09/23/2009
Check 107519 Date Paid: 10/16/2009
Inv.090901 09/01/2009
Check 107520 Date Paid: 10/16/2009
Inv.2709151 09/30/2009
Check 107521 ate Paid: 10/16/2009
Inv.091013 10/13/2009
Check 107522 Date Paid: 10/16/2009
Inv.286321 09/04/2009
Inv.287276 09/22/2009
Check 107523 Date Paid: 10/16/2009
Inv.4248445 09/22/2009
Check 107524 Date Paid: 10/16/2009
Inv. 0562009045490A 09/25/2009
Inv. 0562009045500A 09/25/2009
Check 107525 Date Paid: 10/16/2009
Inv.090923 09/23/2009
Check 107526 Date Paid: 10/16/2009
Inv.34718 09/24/2009
Check 107527 Date Paid: 10/16/2009
Inv.091005 10/05/2009
Check 107528 Date Paid: 10/16/2009
Inv.64579 09/24/2009
OnTrac
9.14.09 Attorney P/U
9.21/9.28.09 Attorney P/U
Owens Companies Inc
FS3 Ductwork, leaking heating pump
Postmaster/ WindowD-12
Bulk Permit 1889 postage deposit/Plym Newsltr
Printers Service Inc
77' ice knife sharp
Professional Aquarium Mnt Inc
Sep09 PCC Aquarium maint
Professional Touch Painting
Millennium garden observation deck
ProKart Indoors
MEA break race camp
Radio Shack
Foam windscreen
Foam windscreen
Reed Business Information
9.21.09 Well 16 legal ad
Right Management
Career Mgmnt services Williams
Career Mgmnt services Metz
Donna Roehl
9.23.09 BeadDazzled 101
S & S Tree&Horticultural Spec
Service adj/tree rplcmnt Executive Woodlands
Jeff Sandino
10.5.09 Traditional Southern Italian class
Sherwin Williams
150' Hose for sprayer
Check 107529 Date Paid: 10/16/2009 SourceOne Graphics Inc
Inv.55606 09/16/2009 11 -city hall vinyl name
Check 107530 Date Paid: 10/16/2009 Sprint
Inv.568612126083 09/18/2009 8.15/9.14.09 Cellular phones
Check 107531 Date Paid: 10/16/2009
Inv. S174078 09/22/2009
Check 107532 Date Paid: 10/16/2009
Inv. 091006 10/06/2009
Check 107533 Date Paid: 10/16/2009
Inv.94320584 09/03/2009
Check 107534 Date Paid: 10/16/2009
Inv.6427298 09/23/2009
ax.)osepn aquipment int;
Stud,flat blade,gas spring, hinge,clip
St Philip the Deacon
10.6.09 Parking lot lease
State Industrial Products
4cs Gentle fresh
StayWell Company
45 BBstr trng
Amount: $57.23
19.08
38.15
Amount: $2,066.21
2,066.21
Amount: $4,700.00
4,700.00
Amount: $18.00
18.00
Amount: $376.00
376.00
Amount: $12,752.00
12,752.00
Amount: 3_00.00
300.00
Amount: $23.04
11.52
11.52
Amount: $157.44
157.44
Amount: $5,000.00
2,500.00
2,500.00
Amount: $50.00
50.00
Amount: $300.00
300.00
Amount: $500.00
500.00
Amount: $445.24
445.24
Amount: $306.86
306.86
Amount: $4,986.10
4,986.10
Amount: 80.50
80.50
Amount: 200.00
200.00
Amount: 546.83
546.83
Amount: 552.69
552.69
Page 15 of 18 Page V/19/2009
Check 107535 Date Paid: 10/16/2009
Inv. 1647603 07/21/2009
Inv. 1657580 08/18/2009
Inv. 1658663 08/22/2009
Inv. 1664723 09/11/2009
Check 107536 Date Paid: 10/16/2009
Inv. 91519 09/05/2009
Inv. 915209 09/05/2009
Check 107537 Date Paid: 10/16/2009
Inv. 09TF1530 08/13/2009
Check 107538 Date Paid: 10/16/2009
Inv. 091 10/05/2009
1-JL1W1%,15W1 J III% -
Explorer uniform equipment
4 -cleaning kits
2 -Cleaning kits
Explorer 1 polo shirt
Supreme Building Maintenance
Sep09 Cheshire Metrolink cleaning sery
Sep09 Station 73 cleaning services
Taho Sportswear
Battle of the Bands t shirts -35
Amy Taylor
9.26.09 POP stilt walker
Check 107539 Date Paid: 10/16/2009 Towmaster Inc
Inv. 105158 04/30/2009 Cr inv 312268 duplicate invoice
Inv. 312268 04/16/2009 See cr 105158/duplicate invoice
Inv. 315957 09/21/2009 Unit 288 box hycls snow equip
Check 107540 Date Paid: 10/16/2009
Inv.889591
Ryan Janssen/armor vest
09/22/2009
Inv.889592
Inv. 2009-00000297 10/09/2009
09/22/2009
Inv. 889593 09/22/2009
Inv.889594
Inv.SO296261J 10/01/2009
09/22/2009
Inv.889595
OctO9 Utilities pager rental
09/22/2009
Inv. 889596 09/22/2009
Inv. 889597 09/22/2009
Trugreen Chemlawn
9-22-09 West Medicine Lake Blvd
9-22-09 Zachary Lane
9-22-09 Median Cc Rd 101 Medians
9-22-09 Medians Bass Lake Playfield
9-22-09 Median Schmidt Lake Park
9-22-09 Peony Lane
9-22-09 Median Shanancloah Park
Check 107541 Date Paid: 10/16/2009 Uniforms Unlimited Inc.
Inv. 5229 09/22/2009 Ryan Janssen/armor vest
Check 107542 Date Paid: 10/16/2009 United Way
Inv. 2009-00000297 10/09/2009 CHAR UW - United Way
09/24/2009 300gl CRS -2
Check 107543 Date Paid: 10/16/2009 USA Mobility Wireless Inc
Inv.SO296261J 10/01/2009 OctO9 Utilities pager rental
Inv.S3493975J 10/01/2009 OctO9 Utilities pager rental
Check 107544 Date Paid: 10/16/2009 Vackerinc
Inv. 641 09/21/2009 3 GASP Garden Rules signs
Check 107545 Date Paid: 10/16/2009 Valley Rich Co Inc
Inv. 14870 09/08/2009 15000 23rd Ave Watern maint break repair
Inv. 14879 09/26/2009 1220-1350 CR 101 Watermain break repairs
Check 107546 Date Paid: 10/16/2009 Valspar Paint
Inv.002903149 09/18/2009 12 5gl yellow field marking paint
Check 107547 Date Paid: 10/16/2009 Vance Brothers Inc
Inv.116706 09/24/2009 300gl CRS -2
Check 107548 Date Paid: 10/16/2009 Viking Trophies
Inv.96815 09/23/2009 4 -resin trophy
Check 107549 Date Paid: 10/16/2009 Watson Company
Inv -777368 09/24/2009 IC Concession food resupply
Page 16 of 18
Amount: $1,183.32
922.54
153.86
76.93
29.99
Amount: $891.34
223.37
667.97
Amount: $171.50
171.50
Amount: $100.00
100.00
Amount: $94,133.36
65.45)
65.45
94,133.36
Amount: $1,483.49
293.92
320.64
216.97
112.22
117.57
283.23
138.94
Amount: $600.00
600.00
Amount: 120.00
120.00
Amount: 117.11
102.54
14.57
Amount: 352.69
352.69
Amount: 10,189.70
2,126.67
8,063.03
Amount: 512.36
512.36
Amount: 849.66
849.66
Amount: 64.13
64.13
Amount: $677-41
677.41
Page 4/19/2009
Check 107550 Date Paid: 10/16/2009 Lauren Wilvers
Inv. 091 10/13/2009 Soccer referee
Check 107551 Date Paid: 10/16/2009 Wright County Sherifrs Dept
Inv. 091006 10/06/2009 W#20081543 R200904646 bail
Check 107552 Date Paid: 10/16/2009 Xcel Energy
Inv.51472281600909 09/28/2009 8.17/9.20.09 2 Water Towers
Inv.51554915750909 09/28/2009 8.16/9.20.09 8 Lift Station
Inv.51618204530909 09/28/2009 8.2/9.20.09 Traffic Signals
Inv.51935924861009 10/02/2009 9.15/9.30.09 Well 16
Check 107553 Date Paid: 10/16/2009 Youth Enrichment League
Inv. 653 09/29/2009 8.3/8.7.09 Ceramics camp
Check 107554 Date Paid: 10/16/2009 Zarnoth Brush Works
Inv. 01248771N 09/22/2009 Fix & return shoe damage
Check 107555 Date -Paid: 10/16/2009 Scott Anderson
Inv.090926 09/26/2009 1 lodge/1 meal Orlando Fl NW conf
Inv.091004 10/04/2009 Odesk contractor billing
Amount: 478.32
Check 107556 Date Paid: 10/16/2009 Clear Channel Outdoor
Inv.091006 10/06/2009 Metrolink billboard
Check 107557 Date Paid: 10/16/2009 Ryan Janssen
Inv. 091012 10/12/2009 New Office Uniform reimb
Check 107558 Date Paid: 10/16/2009 Law Enforce Labor Serv./Union
Inv. 2009-00000288 10/09/2009 DUES POL - Police Union Dues
Check 107559 Date Paid: 10/16/2009
Inv. 091002 10/02/2009
Check 107560 Date Paid: 10/16/2009
Inv. 091009 10/09/2009
Check 107561 Date Paid: 10/16/2009
Inv. 2009-00000290 10/09/2009
Check 107562 Date Paid: 10/16/2009
Inv. 2009-00000291 10/09/2009
Jacqueline Maas
Office Depot/name badges vol recog event
Regina Michaud
10.2/10.9.09 Target,Star Tri bu ne, Oriental
Trd/Prograrn splys
MN AFSCME Council #5
DUES MTCE - Maintenance Union Dues*
MN Child Support Payment Ctr
CHID SUPPORT - Child Support*
Check 107563 Date Paid: 10/16/2009 MN Environmental Fund
Inv. 2009-00000292 10/09/2009 CHAR MN ENV - MN Enviromental Fund
Check 107564 Date Paid: 10/16/2009 Open Your Heart
Inv. 2009-00000293 10/09/2009 CHAR OYH - Open Your Heart
Check 107565 Date Paid: 10/16/2009 Kelly Osborn
Inv. 091007 10/07/2009 10.5/10.7 Michaels -fall decorations
Check 107566 Date Paid: 10/16/2009 Plymouth Firefight. Relief Assc
Inv.090930 09/30/2009 2009 Annual Fire State Aid
Check 107567 Date Paid: 10/16/2009 Robert Topp
Inv. 090816 08/16/2009 Menards/K9 narcotics trng equip
Check 107568 Date Paid: 10/16/2009 United Arts
Inv. 2009-00000296 10/09/2009 CHAR UA - United Arts
Page 17 of 18
Amount: $74.00
74.00
Amount: $1,000.00
1,000.00
Amount: $3,193.29
116.99
706.86
2,349.14
20.30
Amount: $960.00
960.00
Amount: $53.44
53.44
Amount: $337.85
244.54
93.31
Amount: $2,827.00
2,827.00
Amount: 1,476.04
1,476.04
Amount: 1,344.00
1,344.00
301,859.00
Amount: 53.09
53.09
Amount: 478.32
478.32
Amount: $2,883.03
2,883.03
Amount: $1,391.60
1,391.60
Amount: $34.00
34.00
Amount: $49.00
49.00
Amount: 43.69
43.69
Amount: 301,859.00
301,859.00
Amount: 209.42
209.42
Amount: 2.00
2.00
Page ?/119/2009
Total Payments: 276 Total Amount Paid: $2,416,468.31
Page 18 of 18 Page N/1 9/2009
Date: 10/19/09
Time: 8:10:04 AM
H.M.S. Windows - Housing Assistance Payments Page: 0001
PAYMENT REGISTER -SUMMARY Q:\hms%reports%PAYSUM.QRP
Bank Account Description/Account Number
Cheekinv 3110681
Number Date Method Status Name Of Payee Total
0003209 10/9/09 Computer Ck. Paid Bigos Willow Creek 5.00
0003210 10/9/09 Computer Ck, Paid Plymouth Leased Housing Assoc 1,764,00
0003211 10/13/09 ComputerCk, Paid Plymouth Colony Apartments 791,00
0003212 10/13/09 ComputerCk. Paid Plymouth Leased Housing Assoc 658.00
Total For Bank Account Checking
9 Of Totals
Transactions
Computer Checks 6 $3,218.00
Manual Checks 0 $0.00
Direct Deposits 0 $0.00
3,218.00
Total For Bank: $3,218.00
Total - All Bank Accounts Printed: $3,218.00
Page 21
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION To APPROVE DISBURSEMENTS ENDING OCTOBER 18, 2009
WHEREAS, a list of disbursements for the period ending October 18, 2009 was
presented to the City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of
disbursements of the following funds is approved:
Anchor Bank — Check Register
General & Special Revenue 550,181.24
Construction & Debt Service 754,198.44
Enterprise & Internal Service 1,112,057.15
Housing Redevelopment 31.48
Check Register Total 2,416,468.31
Visa EFT 6,175.21
Anchor Bank — Housing Assistance Payments
Housing & Redevelopment Authority $ 3,218.00
GRAND TOTAL FOR ALL FUNDS $ 2,425,861.52
Adopted by the City Council on October 27, 2009
Page 22
rp)City of Agenda 6.03PlymouthNumber:
Adding QqaWy to Life
To: Laurie Ahrens, City Manager
REGULAR Prepared by: Joshua Doty, Senior Planner
COUNCIL MEETING
Reviewed by: Barbara Senness, Planning Manager and Steve Juetten,
October 27, 2009 Community Development Director
Item: Extend final plat approval for "DuChaine Woods"
located at 17815 — 10th Avenue North (2006074-F)
1. ACTION REQUESTED:
Move to adopt the attached resolution extending the final plat approval for "DuChaine Woods."
Approval requires a 4/7 vote of the City Council.
2. BACKGROUND:
On November 14, 2006, the City Council approved the final plat for DuChaine Woods, to allow
the creation of two single-family lots on a roughly 3.8 -acre parcel located at 17815 — I 01h
Avenue North.
Final plats expire two years from the date they are approved unless the plat has been recorded, or
unless the plat has been extended pursuant to City Code Section 512.01, Subd. 7. In October of
2008, staff administratively approved a one-year extension to the final plat approval to keep it
valid until November 14, 2009.
The applicant on behalf of the property owners is requesting an additional one-year extension of
time to complete the recording of the final plat. The project has not moved forward due to the
slowdown in the housing market. The applicant anticipates that the final plat will be recorded in
the summer of 2010.
3. BUDGET IMPACT:
Not applicable.
4. ATTACHMENTS:
Applicant's Narrative
Location Map
Final Plat
Resolution Extending Final Plat
Page 1
August 18, 2009
Mr. Josh Doty
Plymouth Planning Dept
3400 Plymouth Blvd
Plymouth, MN 55447
763-509-5453
Re: P rope rty Add ress -. 17 815 — 1 & Avenue North, Plymouth, MN
Legal Descrip: Lot 16, Frick's Garden Tracts
Hennepin Cnty PIN # 31-118-22-14-0016
Property Fee Owners: Gerald C. and Carmen J. DuChaine
Plymouth Resolution 2006-432 approving Preliminary Plat,
Final Plat and Variances for two single-family lots located
at 17815 — 1 oth Avenue North (2006074) (DuChaine Woods)
Adopted November 14, 2006)
Dear Mr. Doty:
W06o7
As Applicant and on behalf of the property owners, Gerald C. DuChaine and Carmen J.
DuChaine (my parents), I am writing this letter to request an extension of time to
complete the filing of the final plat related to the above -referenced property.
At this time the final plat for the above -referenced property subdivision has not yet been
filed. Due to the economic climate and poor market conditions, together with the fact
that both property owners (my parents) Gerald C. DuChaine and Carmen J. DuChaine
continue to have numerous health issues, as well as myself, we have been unable to
complete the filing of the final plat. In addition, one of the desirable "amenities" of the
property has changed due to the drought conditions of 2009 (the pond/wetland has
receded substantially and is at one of the lowest levels we have ever seen). We have
attempted to meet lower demand for the property by periodic price reductions, down
40% since 2007.
We would anticipate completing the filing of the final plat during the summer of 2010.
I believe you indicated in your telephone message that this request could not be
handled administratively and would need to go before the Council as a consent agenda
type item. Could you please confirm in writing that this request for an extension has
been received, and inform me as to what the process is.
If you have any questions or need additional information, please feel free to call (or
write) me at my phone number(s)/address listed below. Thank you for your assistance
and consideration.
Sincer lly,
V. I
ntf
ol V. Tro ley (Applicant) a
10245 Qua Ln
Maple Grove, MN 55369
C: 612-709-5764 or H: 763-425-8879
Page 2
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Location Map - 2006074
Holly Trombley - Duchaine Woods
17815 - 10th Avenue North
Extension of Final Plat
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Ptyrnouth, Minnesota
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Mi Feet
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M C, Comercial
FM CC, City Center
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IP, Planned Industrial
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I -A-2, Living Area 2
FM I -A-3, Living Area 3
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LA -R1
LA -R2
LA -R3
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DUCHAINE WOODS C.R DOC. NO._
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MICIII 11 CUNWIF, CIXICI PCCOICER
GRONBERG & ASSOCIATES, INC. ENGINEERS. LAND SURVEYORS, PLANNERS
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CITY OF PLYMOUTH
RESOLUTION 2009 -
EXTENDING FINAL PLAT FOR DUCHAINE WOODS (2006074-F)
WHEREAS, Holly Trombley has requested an extension of the final plat approval for
property located at 17815 10'h Avenue North, presently legally described as follows:
Lot 16, Frick's Garden Tracks, Hennepin County, Minnesota.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does extend the final plat
approval for DuChaine Woods to allow the creation of two single-family lots on a roughly 3.8 -
acre parcel located at 17815 — 10th Avenue North, subject to the following conditions:
1. A one-year extension to the final plat approval is hereby granted subject to the conditions
listed in Resolution 2006-432 approved on November 14, 2006, as previously extended on
October 31, 2008.
2. The final plat approval shall now expire on November 14, 2010.
ADOPTED by the City Council on October 27, 2009.
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 October 27, 2009 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 5
rp)City of
Plymouth
Addi.y qplity to Life
REGULAR
COUNCIL MEETING
October 27, 2009
Agenda 6.04Number:
To: Laurie Ahrens, City Manager
Prepared by: Gary Smith, Street Supervisor
Reviewed by: Doran Cote, P.E., Director of Public Works
Payment No. 5 and Final
Item: 2009 Street Sweeping Project, City Project No. 9116
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution approving Payment No. 5 and Final in the
amount of $7,961.80 to Carefree Services, Inc., for the 2009 Street Sweeping Project, City
Project No. 9116.
2. BACKGROUND:
Attached is a resolution for Payment No. 5 and Final for the 2009 Street Sweeping Project, City
Project No. 9116. All work on this project has been completed and certified by the Maintenance
Division as meeting project specifications and Payment No. 5 and Final is recommended. The
original contract amount for this project was $131,895.64. The final amount of work completed
is $138,277.43, which is $6,381.79 or 4.6% over the original contract amount. The overage is
due to higher ftiel surcharges, which were referenced as a possibility in the original contract.
Also, sweeping was done on additional parking lots that were not included in original contract.
3. BUDGET IMPACT:
The 2009 approved Water Resources Budget includes $145,000 for street sweeping. The total
project cost of $138,277.43 will be funded from the Water Resources budget. There are
adequate funds in the Water Resources budget to accommodate the increased project costs.
4. ATTACHMENTS:
Request for Payment and Cost Breakdown
Resolution
Page 1
REQUEST FOR PAYMENT
DATE: October 15, 2009 FOR PERIOD
PLACE: PI)mouth, MN FROM:9-20-09 TO: 10-26-09
PROJECT:—Street Swegping Program
PROJECT NO.: 9116 FILE NO.: SPECIFIED CONTRACT
COMPLETION DATE: Sgpt. 15, 2009
CONTRACTOR: Carefree Services, Inc.
ADDRESS: P.O. Box 208
Mqple Plain, Minnesota 55359
REQUEST FOR PAYMENT NO.: 5th & Final
SUMMARY:
1. Original Contract Amount 131,895.64
2. Change Order - ADDITION $ 0.00
3. Change Order - DEDUCTION $ 0.00
4. Revised Contract Amount 131,895.64
5. Value Completed to Date 138,277.43
6. Material on Hand 0.00
7. Amount Earned 138,277.43
8. Less Retainage 0 % 0.00
9. Less Liquidated Damages 0.00
10. Sub -Total 138,277.43
11. Less Amount Paid Previously 130,265.63
12. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 5 & Final 7,961.80_
APPROVED BY: Director of Public Works APPROVED BY: (Engineer)
City of Plymouth
IN
APPROVED BY: (Contractor)
By:
In
P M 20AEnginceringTROJECTS\2000 - 2009\9116\reqpmt_X_Fina11 :x
Cbm"
P.O. Box 208
WM Maple Plain, MN 55359
kk
City of Plymouth
Attn: Gary Smith
14900 - 23rd Avenue
Plymouth, MN 55447
Invoice
09/23/09 20870
Terms Due Date
2% 10 Net 25 10/18/09
0,
g
Final Billing Project #9116 Street Sweeping
09/25/09 Sweeping Service- 20 Miles 21180.00
09/25/09 Removal of Collected Debris 312 cubic yards 5,07U0
09/25/09 2% Fuel Surcharge on Final Sweep Service 711 80
Sales tax 0.00
Phone Fax E-mail
763-479-2600 763-479-6650 caref reesys @f rontiernet. net
Page 3
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION APPROVING
REQUEST FOR PAYMENT No. 5 AND FINAL
2009 STREET SWEEPING PROJECT
CITY PROJECT No. 9116
WHEREAS, the City of Plymouth as owner and Carefree Services, Inc., as contractor, have
entered into an agreement for the 2009 Street Sweeping Project, City Project No. 9116, said
agreement being dated March 10, 2009; and
WHEREAS, the Maintenance Division has certified acceptance of the work and approval of
the final request for payment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA
1. The original contract amount was $131,895.64. The work to date is $138,277.43 and is here
with approved. The project is $6,381.79, or 4.6% over budget due to increased fuel
surcharges, as recognized by the original contract and additional 39.44 acres of parking lots.
2. The work performed by the contractor for the 2009 Street Sweeping Program (9116) and
certified to the Council by the Maintenance Division as acceptable, being the same, is hereby
released from the Maintenance Division as acceptable from the contract except as to the
conditions of the performance bond, any and all legal rights of the owner, required
guarantees and correction of faulty work after final payment. The final payment will include
the release of a 5% retainage.
3. Payment No. 5 and Final in the amount of $7,961.80 to Carefree Services, Inc. for the 2009
Street Sweeping Program, City Project No. 9116, is hereby approved and the City Finance
Department is hereby authorized and directed to pay the same forthwith. Funding will be
from the Water Resources budget.
Adopted by the City Council on October 27, 2009.
Page 4
rp)City of Agenda 6.05PlymouthNumber:
Addmq Qwlity to Life
REGULAR
COUNCIL MEETING
October 27 th , 2009
To: Laurie Ahrens, City Manager
Prepared by: Scott Newberger, Utilities Superintendent
Reviewed by: Doran Cote, Director of Public Works
Award Contract for Four Seasons Well Facility Rehabilitation
Item: City Project No. 7114
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution awarding the contract for the Four Seasons Well
Facility Rhabilitation, City Project No. 7114.
2. BACKGROUND:
The City retained the services of Bonestroo, Rosene, Anderlik & Assoc. Inc. to determine if the Four
Seasons Well could be rehabilitated and upgraded to provide additional raw water capacity and to
prepare a report summarizing their findings. This well is not currently connected to the Zachary Water
Treatment Plant but rather is directly connected into the water distribution system. The report
concluded that the well could be rehabilitated and when connected to the Zachary water Treatment
Plant could produce an additional 1,400 gallons per minute (gpm) of capacity during peak demand.
The Lancaster Lift Station, which is next door to this pumping facility, has a generator with adequate
capacity to power the Four Seasons Well when they are connected.
On October 6, 2009 bids were publicly opened for the Four Seasons Well Facility Rehabilitation. A
total of four bids were received at the following prices:
Contractor Total Base Bid Alternate No.1 Total Bid (Base
Bid plus
Alternate No.1)
Magney Construction, Inc 149,600.00 $62,200.00 211,800.00
Municipal Builders, Inc 157,407.00 $51,395.00 208,802.00
Rice Lake Construction Group 157,987.00 $67,100.00 225,087.00
EnComm Midwest, Inc 161,161.00 $57,575.00 218,736.00
Engineers Estimate 192,800.00 $42,400.00 235,200.00
All work included in the Total Base Bid is necessary to operate the well including controls, piping, well
pump, etc. Alternate No. I includes work that will bring the building up to current building code. It will
also include work to make the building match the Lancaster Lane Lift Station which is adjacent to the
well. Staff is recommending awarding the Base Bid plus Alternate No. 1. An alternative resolution has
been prepared should the City Council decide not to include Alternate No. I as the low bidder is not the
same if the alternate is excluded.
Page 1
Engineering staff and the City's consultant have reviewed the information submitted by Municipal
Builders, Inc. and find the information acceptable and that Municipal Builders, Inc complies with the
responsible bidder criteria. Engineering staff feels that Municipal Builders, Inc is capable of
rehabilitating the Four Seasons Well Facility in accordance with the approved plans and specifications.
3. BUDGETIMPACT:
The rehabilitation of the Four Seasons Well is included with the Well No. 16 project in the 2009-
2013 Capital Improvements Program (CIP) and the 2010-2014 CIP and 2009 and 2010 budgets for a
total project cost of $1,750,000. The total estimated cost, including engineering and administration is
1,750,000. The engineer's estimate for the Well Facility Rehabilitation portion of the project is
282,200 including engineering, administration and contingencies.
4. ATTACHMENTS:
Recommendation Letter
Building Photos
Project Location Map
Resolution
Alternative Resolution
Page 2
October 7, 2009
Mr. Scott Newberger
City of Plymouth
3400 Plyrn,outh Boulevard
Plymouth, MN 55447-1448
Re: Four Seasons Well Facility Rehabilitation Project
City Project No. 7114
Project No. 000070-07154-1
Bid Results
Dear Mr. Newberger:
Z335 Highway 35 W
St, Paul. MN S5113
Tel 651-636-4600
Fa 651-636- 1311
www.b0nPS[roo.crPni
41, Bonestroo
Bids were opened for the Project stated above on Tuesday, October 6, 2009 at 10 A.M. Transmitted
herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to
each Bidder once the Project has been awarded.
There were a total of four Bids. The following summarizes the results of the Bids received:
contractor
Low Magney Construction, Inc,
2 Municipal Builders, Inc.
3 Rice Lake Construction Group
4 EnComm Midwest, Inc.
Total Base Bid
149,600
157,407
157,987
161,161
Alternate No. 1
62,200
51,395
67,100
57,575
rotal Bid
Base Bid Plus
Altergate No. IJ
211,800
208,802
225,087
218,736
The low Bidder for the Total Base Bid was Magney Construction, Inc. with an Amount of $149,600. The
low Bidder for the combination of the Total Base Bid and Alternate No. I was Municipal Builders, Inc. with
an amount of $208,802. This compares to the Engineer's Estimate of $235,200 for the combination of the
Total Base Bid and Alternate No. 1. These Bids have been reviewed and found to be in order.
The Work included in the Total Base Bid is installation of equipment such as well pump, controls, heater,
water meter, etc. that is necessary to operate the weli. Alternate No. I includes Work that will bring the
44 -year old building up to current building code standards. The Work would include a face block,
insulation and metal roof to match the adjacent lift station building. A new lighting and ventilation
system would be installed.
The City of Plymouth Resolution 2003 — Policy Establishing Responsible Bidder Evaluation is attached for
both Magney Construction, Inc. and Municipal Builders, Inc. Both are reputabie contractom and have
construction experience with this type of project.
If the City Council Wi5he5 to award the Project on the Total Base Bid, then Magney Construction, Inc.
should be awarded the Project on the Amount of $149,600. If the City Council wishes to award the
Project on the combination of the Total Base Bid and Alternate No. 1, then Municipal Builders, Inc. should
be awarded the Project on the Amount of $208,802.
City of Rymouth
Four Seasom Well Facility Rehabilitation Project
Should you have any questions, please feel free to contact me at (651) 604-4840.
Sincerely,
BONESTROO
I ichard W. Foster, P.E.
Enclosures
Poge 2
Octooet Z 2009
Page 4
A&.
ProJect Name-- Four Seasons Well Facility Rehabilitation I hereby cerbfy biat M6 jy at? ex.-ctIr
Bonestroo City Project No.: 7114 Pm)e-ct No-: 00007M7154-1 teorodL!,ty Nis rr.
Bid Opening: TLiesday, October 6, 2009 at 10 A -M, Owner: Cit of Plymouth
Rkha rd W Foster P_ E_
Regatr~ Na 11609
U0
I'D
AL
BID TABULATION
Item
Nurn Item Units 9tv
BASE DID.
WORK GENERALLY INCLUDES DEMOLITION, WELL
PUMP AND PIPING, STOOP CONSTRUCTION,
ELECTRICAL CONTROLS AND SCADA, DOOR
REPLACEMENT, REPLACING EXISI`ING CAMPERS AND
ELECTRIC HEATER
TOTAL BASE BID
ALTERNATE NO. 1.
WORK GENERALLY INVOLVES, S(TERIOR
BLOCKWORK, ROOF REMOVAL AND REPLACMENT,
VENTILATION MODIFICATIONS, MOVING OF
ELECTRICAL CONDUITS, AND SITE RESTORATION L -C
TOTAL ALTERNATE NO. 1
010 SUMIMIARY-.
TOTAL BASE BID
I OTAL ALTERNATE NO. I
TOTAL BID (RAS E 810 PLU 5 ALTE RNATE N 0- 11
Contra= Narne and Address:
p4one:
Fax
9g By:
Title:
Bid Security:
Adderbdia Acknowl,_:
Bidder No. I Bidder No. 2 Bidder No. 3 Bidder No. 4
Magney Construction Inc Municipal Builders Inc Moe Lake Construction Group EnComm Midwest Inc:
Unit Price Total Unit Price Total Unit Price Total Un It Price Total
14%600.00 149,600.00 157,4D7.OU.- — 157,407.00 157,987FM 157,987, 161,161,00 161,16LOO
JL49,wo.00 1 157,407.10 1S7,98700 161,161.00
62,ZDG.DD 62,200-00 51,395.00 i,395.DO 67,100.00. W.IDO.00 57,575.00 57r575,00
62,200,00 51,395-00 67,100.DD 57r575,00
149,6W,00 157,407.00 157,987.00 161,61 00
62,200.00 51,395FOO 67,100.00 57,5S.00
211,800.00 208,002-00 225,087.00 218,736,00
Magney Constnxtion Inc Munkipal Sulklers Inc Rice Lake Consinxtion Group EnComm Midwest Inc
1401 Park Road 17125 Roanoke SbE et NW 22360 County Road 12 512 First Avenue North
Chanhassen MN 55317 Andover MN 55304 Deerwood MN 56444 Santi MN 5-"o
952-474-1674 763-421-6790 218-546-5519 763-444-863 7
952-474-1679 763-421-1028 218-546-7016 763-444,-8638
Mark Kagney ohn R, Weqner Wade 3. Leonard Lon R. Hollister
President President President PreskJent
Bid Bond Bid Wnd Bid Bond Bid Bond
A&B A&B A&B A&B
CKVIP700715419T.M bT-1
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Im L Mr
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wmb -
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION
AWARDING A CONTRACT FOR
FOUR SEASONS WELL FACILITY REHABILITATION
CITY PROJECT No. 7114
WHEREAS, pursuant to an advertisement for bids for Four Seasons raw water main, bids were
received, opened and tabulated according to law, and the following bids were received complying with
the advertisement:
V Contractor Total Base Bid Alternate No.1 Total Bid (Base
Bid plus
Alternate No.1)
Magney Construction, Inc $149,600.00 62,200.00 211,800.00
Municipal Builders, Inc $157,407.00 51,395.00 208,802.00
Rice Lake Construction Group $157,987.00 67,100.00 225,087.00
EnComm Midwest, Inc $161,161.00 57,575.00 218,736.00
Engineers Estimate $192,800.00 42,400.00 235,200.00
WHEREAS, it appears Municipal Builders of Andover, Minnesota is the lowest responsible
bidder when considering the Base Bid plus Alternate No. I complying with the minimum specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the appropriate City Officials are herby authorized and
directed to enter into contract for the bid with Municipal Builders of Andover, Minnesota in the name of
the City of Plymouth for Four Seasons Well Facility Rehabilitation according to the plans and
specifications therefore approved by the City Council and on file in the office of the City Engineer in the
amount of $208,802 for the Base Bid plus Alternate No. 1.
FURTHERMORE, BE IT HEREBY RESOLVED, that the funding for this project shall be from
the Water Fund in the amount of $282,200.
APPROVED THIs 27TH DAY OF OCTOBER, 2009.
Page 9
10/07.,2009 09:33—FAX 763 421 1028 MUNICIPAL BUILDERS Z00*2
K,JJO&A4 _&A(aSA>_LaTrA (--
City Of PlyMDUth
Resolution 2003-
Pc)licy Establi5hing Responsible Bidder Evaluat -on
Bc it resolvedthas the Plymouth City Council hereby cstablisbes a Respons! tie Bidder
Evaluation Policy.
The City wi [I rityiewfficquali5ticatioris and experience of bidders for constnz;fion, alteration,
repair, or rnaffi;imance of real or personal property a ' firr bids are opened and oefore a con'trart is
awaided, to deltrmine if the bidder is "responsible." A "responsible" bidder is a bidder qua)ffird
to do the work- This will be detem-iiucd by assessing the bidder's skiH, reso Lrces, experience,
successful perf.)rmance ofsimilar contracts (on time and on bud et), and all Dthcr matters9
beafmg upon ffie likelihood %hat the contract w-l be successfbily completed. In all cases where a
biddcr is unknown or whate there are any questions abow the qualifications )f the bidder, thm
following inkimation wiU be required of the appaxent low bidder.
You art: requixed to complete and rcturn this questionnaire before tht City Council
considen zwarding you the contract
Identify 0 ianilar pu'blir projects in whJrh yoii Nvere the con ractor. Uyouhavc
had more than five web contracts, list only the last five contr icts, wd as to each
contract idcntjf)ed provide the following infoTrnadDa:
Projecl Description., Sf f ATrAe bkApN
Date -
Conmat'Person it clty/countyjstate
Were change orde-s in exrm of 5% fequr-sted? If yes, expl.0 a the cirrumsLaril-S.
Were liquidated damages assessed? if yes, ex-piain the circul 1,5tzincrs.
Was the project completed on scht!dfle? U no, explaln -he ci -cu rnstances.
L).Cr--
146,--
109534,01
RN K.r I V 1912 0 03
Page 10
10/07/20D9 09:34 F.IX 763 421 1028 VNICIPAL BUILMRS Q003
Dcscribc all non-str-cictico arbitration claims aad iny construc, ion or -?TqitCt
hliotmfioa in WNch you have been a part), ! M 'Lhe last five year. -
MA
dentiFy all P-Ublic projects Yo LL have had W1 Lh Lhic City of Ply) aout-h i n thc last fi ve
years.
AA -
In the 'a-st five ye -ars has a bonding company evet refuse d'to i :sLic yQu z
Der-formance bond? Ifyes-. expid-
6
in the ciroarnstancts-
5. [n Lhe last fivt ycars have any claims been Filed egainst a. perl)rMance or payrnen _r.t
ond that you have providedxblic cptily? If yes, Lxplaiu L le circumstances.
n the 'W five year -5, has your firm Or any of its OwDers or am oloyees been fined
o y a fe d c ral or s ta t f: agenc y for a contra c t o r wof kp I ace mattei
I (
such as wage or-
10tLr or SaferY violatiors), or debarred under Pa -rt 29, TWe 49 -'FR or any other
aw from subiniWng bids on pubhc rojects? If yes, exotain t le circumstances -
n the I as t five y has your fir -m Or arY Of its Owliers or am, Ployces boen
charged OT convicted of a crime involving the awarding, M6 ig or performanct
of a 9Gv`e=cnt contract? if yes, ptovide futl detm1s,
1\6
CErlified a5 trut a5d correct tj
Adopted by the Plymouth City Counril on january 13, 2004.
10584,01 1
PNK r I M 30_OD3
Page 11
10/017/2009 09:34 FAX 763 421 1028 MUNICIPAL BUILDERS (6004
LIST OF PROJECT REFERENCLS
Below is a listing of the six (6) most recent projects of a similar r ature to this project that
the Bidder has completed.
1. Contracting Agency QftyI _
Lf Princeton, Minnesota
Description of Work 2 02 M G Q W ater Treatm e nt Pla nt No. 2
Agency Representative Steve Nelson of S. E. H.
Title Pro"oct Engineer Phone 651-490-2000 D ite of Contract 08-07L
Contract Price $3,095,300 Date of Completion 05-08
2. Co=cbng. Agency Q ity of No rth- B ra n ch, M in r esota
Descriptiam of Work 3.6 MGQ Water Treatment Plant No. 2
Agency Re,)resentative Kevin Newman of WSB
Titie Proi )ct Engin—er Phone 763-541-1700 Date of Contract 05-07
Contract Price $6,600,500 - Date of Completion 06-08
3. Contracfinf, Agency City of Blaine, Minnesota
Descriptior-of Work 2.9 MGQ Water Treatment Plant No. 3
Agency Re3resentative Q han Z! n n el of Prog ressive Con sulti r q E ng ineers
Title EMk.,ct E ngi n eer Phone 763-560-9133 — Eate of Contract 10-06
Contract hice $2,806,600 Date of Completion 10-07
4. Contacting Agency City of. Coon Rapids, Minnesota
Descripdor.ofWork3.5 MGD East Water Treatment Plant Expansion
Agency Representative Bob Stark of TKDA
Titlr Prd %ct Engineer Phoae 763-560-9133 E ate of Contract 09-05
Contract Price 2,14-2,400 Date of Completion 05-06
5. Coatractin; Agency City of Blaine, Minnesota
Descriptiou of Work 2.9 MGQ Water Treatment Plant No. 1
Agency Representative Brian Zinnel of Progressive Consultiog Engineers
Title FMj,-ct Engineer phone 763-560-9133 Da c of Contract 8-05
coub7act Plice $3,340,600 - Date of Completion 11-06
6. Contracting Agency QV of Blaine, Minnesota
Description of work 7.9 M - GQ Water Treatment Plant i c-2
Agency Representative David Brown of Progressive Consulti i_q Enq neers
Title Pro,-,ct Engineer phone 763-560-9133 Da e of Contract 1-05
Contract P;ice $4,228,200 Date ofCompletiou 12-05
Page 12
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ALTERNATIVE RESOLUTION
AWARDING A CONTRACT FOR
FOUR SEASONS WELL FACILITY REHABILITATION
CITY PROJECT No. 7114
WHEREAS, pursuant to an advertisement for bids for Four Seasons raw water main, bids were
received, opened and tabulated according to law, and the following bids were received complying with
the advertisement:
V Contractor Total Base Bid Alternate No.1 Total Bid (Base
Bid plus
Alternate No.1)
Magney Construction, Inc $149,600.00 62,200.00 211,800.00
Municipal Builders, Inc $157,407.00 51,395.00 208,802.00
Rice Lake Construction Group $157,987.00 67,100.00 225,087.00
EnComm Midwest, Inc $161,161.00 57,575.00 218,736.00
Engineers Estimate $192,800.00 42,400.00 235,200.00
WHEREAS, it appears Magney Construction of Chanhassen, Minnesota is the lowest
responsible bidder, complying with the minimum specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the appropriate City Officials are herby authorized and
directed to enter into contract for the bid with Magney Construction of Chanhassen, Minnesota in the
name of the City of Plymouth for Four Seasons Well Facility Rehabilitation according to the plans and
specifications therefore approved by the City Council and on file in the office of the City Engineer in the
amount of $149,600 for the Base Bid.
FURTHERMORE, BE IT HEREBY RESOLVED, that the funding for this project shall be from
the Water Fund in the amount of $180,000.
APPROVED THIs 27TH DAY OF OCTOBER, 2009.
Page 13
City of Plymouth
Resolution 2003 -
Policy Establishing Responsible Bidder Evaluation
be it resolved that the Nymouth City Council bereby establishes a Responsible Bidder
Evaluabon Policy -
The City willreview the qualifications 21-nd experiencf! of biddefs for construction, alteration,
repair, or maintenance ofreal or personal property aftz!t bids are opened and before a contract is
awarded, to detenrLime it the bidder is "responsible." A "responsible" bidder is a bidder qualified
to do d)e work, This will bc delerrTilned by asscssing the bidder's skill, resources, experience,
successful performance of similar conLracts (on time and on budget), and all other matters
bearing upon the likelihood that the contract will be successfully completed. in all cases wbere a
bidder is unknown or where there are any questions about the qualffications of The bidder, the
f011owing in-formatioD wiV be required of the apparent low bidder!
You are required to complete amd return th6s questionnaire before the City Council
considers awarding you the contracta
Identify all similar public projects irl w1lich you Were the contractor- If you have
had more than five such contracts, list only the last five contracts, and as to each
contract identified provide the following information: 0
Projecl Description. Please See Attached
Date: Please See Attached
Contact Person at City/Countyistate: Please See Attached
Were charge orders in excess of 5% requeste d? If yes, expla n the circumstances, NO
Were liquidated darDages assessed? If yes, explain the circumstances- N 0
WaS The project COMplr-ttd oF) schedule? If no, explalia the circu mstances. Y e s
109J84 01
RN K:r 12/18/2003
Page 14
Describe all constTuction arbitration claims and anY COnStl-UG60n Or PTOJI--C
11 Ligation in which yuu h2 ve been a part, in the 12'st five Ycai s. None
Identify all public pjoiecEs you have had with the C 'tY 0 ymou h i n the I a sl '1 ve
Ye,:Us, Vicksburg Lane Pumping Station
see job # 276 , per 1he attachment)
4 In dae last five years has a bonding company ever refused to issur. you a
performance bon0 if yes, explain the circumstances- No
In the Jast five years have any claims brtn filed against a performance or paymentbondthatyouhavEprovidedapublicentity? If yes, Emplain Lhe circumstances. N 0
6. In the last five years, has your finn or any of hs owners or employees beeri Ened
by a federal or state agency for a coritract or work -place matter*(such as wage or
hour or safety -violatioijs), or debarred under Part 29, Tide 49 CFR or any othc rlawfromsubimittingbidsonpublicprojects? if yes, explain the r1rcumsiances- NO
In the last five years, has your fir -m or any of its ovmers or rmpjoyees been
charged or convictcd of a crime Involving the awayding, bidding or prrformancn
of a gover.=ent contrac(7 If yes, provide ful) detaUs. N 0
Certified as truc and COITECt this 7 t h day of Oct obe r, 200 9
narne) Mark Magney, P.E.—Vrre—sident
nanzi)
Adopted by the PlY1n01Ah City CoUncil on January 11), 2004.
109584,01
MK:f 1211 &R-00)
Page 15
0
Oj
UO
CD
Magney Construction, Inc.
Water and Wastewater Treatment Facility Project Experience Page I
jProject Name Project Owner Design Firm Plant Capacity Project Cost Completion Date
343 Grove City WTF City of Grove City Bolton & Menk, Inc. 0.5 MGD $1,100,1300 51112009
New Water Treatment Facility 210 Atlantic Ave Wesi 1960 Premier Drive
Grove City, MN 56243 Mankato, MN 56001
David Holland
507-625-4171
341 Fridley Chemical Building
New Chlorine Feed Building
and Equipment
338 Crown College WTF &
Booster Station
332 Minnetrista
Well House No. 1 Rehab
32a St. Cloud CO2 Storage Tanks
Minneapolis Purchasing Dept.
330 2nd Ave South, Ste 552
Minneapolis, MN 55401
Crown College
8700 College View Deve
St. Bonifacius, MN 55375
Qty of Minnetrista
7701 County Rd. 11 OW
Minnetrista, MN 55364
City of St. Cloud
400 2nd Street South
St. Cloud, MIN 56301
276 Vicksburg Lane Pumping Station CityofPlymouth
New Booster Station and 3400 Plymouth Blvd.
Reservoir Plymouth. MN 55447
HDR Engineering
701 Xenia Ave South, Ste 600
Minneapolis, MN 55416
Harold Voth
763-278-5917
TKDA
444 Cedar Stireet Ste. 1500
St. Paul, MN 55101
Michelle Stockness
651-292-4400
WSB & Associates
701 Xenia Ave. South - Ste. 300
Minneapolis, MN 55416
Kevin Newman
763-512-5240
Advanced Enginerring (AE2S
2011 6th St. South
Brainerd, MIN 5W1
Grant Meyer
21 M24-1888
Bonestroo, Rosene, Andedik
2335 West Hwy 36
St. Paul. MN 55113
Richard Hjelle
651-604-4914
80 MGD $5,5()0,000 6M/2009
0.5 MGD $1,200,000 1011108
0.5 MGD $431,887
16 MGD S229,700
4 MG0 $2,575,895
8/1/2008
1/3112008
511/2006
rp)City of Agenda 6.06PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer
October 27, 2009 Reviewed by: Doran Cote, P.E. Director of public Works
Order Preliminary Engineering Report for 8
1h
Item: Avenue Street Reconstruction Project
City Project No. 10004
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution to order the preparation of a Preliminary Engineering
Report for the 81h Avenue Street Reconstruction Project No. 10004.
2. BACKGROUND:
On June 10, 2008 the City Council discussed a number of possible street improvements and directed staff
to add the reconstruction of 8th Avenue North to the Capital Improvement Plan (CIP). The 2009-2013
CIP) includes 8thAvenue from County Road 101 to approximately 100 feet east of Shadyview Lane to
be reconstructed in 2010. Attached is a map showing the project location.
3. BUDGET IMPACT:
The CIP includes the reconstruction of 8th Avenue in 2010 for a total project cost of 1,000,000.
4. ATTACHMENTS:
Project Map
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION No. 2009
A RESOLUTION TO ORDER THE PRELIMINARY ENGINEERING REPORT
FOR THE 8 TH AVENUE STREET RECONSTRUCTION PROJECT
CITY PROJECT No. 10004
WHEREAS, the 2010-2014 the Capital Improvements Program (CIP) made
recommendations for the 8th Avenue Street Reconstruction Project; and
WHEREAS, it is necessary to undertake a Preliminary Engineering Report to determine
the work required on the street in the area recommended to be considered for the 8 h Avenue
Street Reconstruction Project; and
WHEREAS, 8th Avenue from County Road 10 1 to 100 feet east of Shadyview Lane is the
recommended project area.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the City Engineer is instructed to prepare a
Preliminary Engineering Report with all convenient speed by advising the Council, in a
preliminary way, as to whether the proposed improvements are feasible and as to whether it
should best be made as proposed or in conjunction with some other improvement and the
estimated cost of the improvements as recommended.
Approved this 27 1h
day of October, 2009
Page 3
City of Agenda 7.1lymouthNumber:
dEEEW_----P
Adding Quahty to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk
October 27, 2009 Review by: Cal Portner, Administrative Services Director
Off -Sale Liquor License Application for Natalia Vasilyevna
Item: Karebin (and Phillip Miller), d/b/a Vino 100, 3225 Vicksburg
Lane N
1. ACTION REQUESTED:
Conduct a public hearing, and unless information is received to the contrary, adopt the attached
resolution approving an off -sale intoxicating liquor license for Natalia Vasilyevna Karebin, d/b/a Vino
100, 3225 Vicksburg Lane N, for the license period through January 31, 2010.
2. BACKGROUND:
The City has received an application for an off -sale intoxicating liquor license from Natalia Vasilyevna
Karebin, d/b/a Vino 100, 3225 Vicksburg Lane N. This is a new liquor license going into the leased
space formerly occupied by Jamba Juice.
3. BUDGET IMPACT:
All fees have been paid and certificates of insurance provided. The license application has been
investigated and is recommended for approval by the Police Department.
4. ATTACHMENTS:
a. Notice of Hearing
b. Map and List of Property Owners within 500' of Location
c. Resolution
Page 1
NOTICE OF HEARING
OFF -SALE INTOXICATING LIQUOR
LICENSE APPLICATION FOR
NATALIA VASILYEVNA KAREBIN., D/B/A VINO 100 PLYMOUTH
3225 VICKSBURG LN N
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the off -sale
intoxicating liquor license application of Natalia Vasilyevna Karebin., d/b/a Vino 100 Plymouth, 3 225
Vicksburg Ln N, on Tuesday, October 27, 2009, at 7:00 p.m. The hearing will be held in the Council Chambers
of the Plymouth City Hall, 3400 Plymouth Boulevard.
All persons wishing to address the Council regarding this application will be heard at that time.
Sandy Engdahl, CMC/MMC
City Clerk
763/509-5080
Page 2
6b
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36T P\ -e -3 I -AVjii-J
36TH AVE
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32ND AV
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20-118-22-11-0014 20-118-22-11-0018 21-118-22-22-0009
PLYMOUTH SENIOR HOUSING LLC RT MINNEAPOLIS FRANCHISE LLC MOVIE CINEMA LIMITED PARTNERSHIP
PRESBYTERIAN HOMES & SERVICES 8391 W LAKE DR 711 HENNEPIN AVE
2845 HAMLINE AVE N CHANHASSEN, MN 55317 3RD FLOOR
ROSEVILLE, MN 55113 MINNEAPOLIS, MN 55403
20-118-22-14-0005 20-118-22-14-0006 20-118-22-14-0007
SHOPS AT PLYMOUTH CREEK LLC SHOPS AT PLYMOUTH CREEK LLC SHOPS AT PLYMOUTH CREEK LLC
CSM CORPORATION CSM CORPORATION CSM CORPORATION
500 WASHINGTON AVE S # 3000 500 WASHINGTON AVE S # 3000 500 WASHINGTON AVE S # 3000
MINNEAPOLIS, MN 55415 MINNEAPOLIS, MN 55415 MINNEAPOLIS, MN 55415
20-118-22-14-0009 20-118-22-11-0019 21-118-22-23-0012
SHOPS AT PLYMOUTH CREEK LLC PLYMOUTH MARKETPLACE LLC VICKSBURG 55 PRTNRSHP
CSM CORPORATION 600 HIGHWAY 169 S # 701 7145 SANDBURG RD
500 WASHINGTON AVE S # 3000 ST.LOUIS PARK, MN 55426 MINNEAPOLIS, MN 55427
MINNEAPOLIS, MN 55415
21-118-22-23-0013 20-118-22-12-0007 20-118-22-14-0004
PLYMOUTH PROPERTIES REALTY CORP WEST GLEN DEVELOPMENT I LLC CITY OF PLYMOUTH
C/O UNITED PROPERTIES LLC 3600 HOLLY LN N # 100 3400 PLYMOUTH BLVD
3500 AMERICAN BLVD W # 200 PLYMOUTH, MN 55447 PLYMOUTH, MN 55447
BLOOMINGTON, MN 55431
20-118-22-14-0003 20-118-22-12-0003 20-118-22-13-0004
CITY OF PLYMOUTH CITY OF PLYMOUTH CITY OF PLYMOUTH
3400 PLYMOUTH BLVD 3400 PLYMOUTH BLVD 3400 PLYMOUTH BLVD
PLYMOUTH, MN 55447 PLYMOUTH, MN 55447 PLYMOUTH, MN 55447
20-118-22-13-0005 20-118-22-14-0008
CITY OF PLYMOUTH PLYMOUTH WG, 2005 LLC
3400 PLYMOUTH BLVD 1624 LARKFIELD AVE
PLYMOUTH, MN 55447 WESTLAKE VILLAGE, CA 91362
Page 4
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION TO APPROVE AN OFF -SALE INTOXICATING LIQUOR LICENSE FOR
NATALIA VASILYEVNA KAREBIN, D/B/A VINO 100,
3225 VICKSBURG LANE N
WHEREAS, the City has received an application for an off -sale intoxicating liquor
license from Natalia Vasilyevna Karebin., d/b/a Vino 100 Plymouth, 3225 Vicksburg Ln N; and
WHEREAS, the applicant has paid all fees and provided all required insurance
certificates; and
WHEREAS, the City Council has conducted a public hearing and finds no reason to deny
the application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA that an off -sale intoxicating liquor license is hereby
approved for Natalia Vasilyevna Karebin., d/b/a Vino 100 Plymouth, 3225 Vicksburg Ln N. The
liquor license is issued for the period through January 31, 2010.
Approved this 27th day of October, 2009.
Page 5
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION DENYING AN OFF -SALE INTOXICATING LIQUOR LICENSE FOR
NATALIA VASILYEVNA KAREBIN, D/B/A VINO 1001
3225 VICKSBURG LANE N
WHEREAS, the City has received an application for an off -sale intoxicating liquor
license from Natalia Vasilyevna Karebin., d/b/a Vino 100 Plymouth, 3225 Vicksburg Ln N; and
WHEREAS, the applicant has paid all fees and provided all required insurance
certificates; and
WHEREAS, the City Council has conducted a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA that an off -sale intoxicating liquor license is hereby
denied for Natalia Vasilyevna Karebin., d/b/a Vino 100 Plymouth, 3225 Vicksburg Ln N, for the
following reasons:
I .
2.
Adopted this 27th day of October, 2009.
Page 6
rp)City of Agenda 7.2PlymouthNumber:
Addi.y qplity to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician
October 27, 2009
Reviewed by: Doran Cote, P.E. Director of public Works
Assessment Public Hearing, 2009 Mill and Overlay Project
Item:
Nathan Lane, South Shore Drive, 1 oth Ave., 13 th Ave
Area 1) and Nathan Lane/Trenton Lane (Area 2)
City Project No. 9108
1. ACTION REQUESTED:
Make a motion to adopt the attached three resolutions adopting the three assessment rolls as
proposed.
2. BACKGROUND:
The City Council set October 27, 2009 as the date of the public hearing on the final assessment for
the 2009 Mill and Overlay Project. The project involved removing and replacing the wearing course,
or top 2 inches of bituminous on Nathan Lane, South Shore Drive, I 01h Ave., 13th Ave. (Area - I
located north of Hwy. 55 and west of Hwy. 169) and the Nathan/Trenton Lane (Area - 2 located
north of Bass Lake Road). In addition some concrete driveway entrances were replaced as needed
and any settled, cracked or heaved concrete curb and gutter was replaced to properly convey water to
the stonn sewer system. Pedestrian curb ramps were brought up to current Americans With
Disabilities Act (ADA) standards. Storm sewer structures were also repaired as needed and new
traffic signal loop detectors were replaced at Highway 55 and South Shore Drive and at 13
th Avenue
and the Highway 169 West frontage road.
3. BUDGET IMPACT:
The total project cost included in the 2009-2013 Capital Improvements Program (CIP) for both areas
was $710,000. The estimated final project cost for Area -1 is $412,332.09 and for Area - 2 is
243,071.79, resulting in a total estimated cost for the two areas of $655,403.88.
The City Council has adopted a policy for financing Mill and Overlay projects with the City paying
60% and the benefiting property owners being assessed 40% of the total project cost. For this
project, the policy was applied to each area separately because both have their own unique
characteristics. Relating the policy to Area - 1 and the configuration of its parcels, it is proposed that
133,595.38, or 32.4%, of the total project cost be assessed and that $85,600.48, or 35.2%, of the
total project cost for Area - 2 be assessed. City -owned frontage along
10th Avenue was included in
the formula for determining assessments in Area - 1.
Page 1
Attached in the Assessment Information Packet is a sample of the payment options that was sent to
each property owner. Option I is full payment by November 27, 2009 without any interest. Option 2
is full payoff between the dates of November 27, 2009 and November 14, 2010. Interest in this
option will be for the entire year regardless of when the balance is paid off. Option 3 is payment over
the standard assessment term (5, 10 or 15 years). Finally, Option 4 is a partial prepayment by
November 27, 2009 and the remaining balance to follow the standard assessment term for Option 3.
A summary of the proposed funding is as follows:
Funding Source Final Project Cost
Street Replacement Fund
Special Assessments
436,208.02
219,195.86
Total Funding: 655,403.88
4. ATTACHMENTS:
Final Assessment Area Maps
Preliminary Assessment Area Maps
Assessment Information Packet
Assessment Rolls (3)
Resolutions (3)
Page 2
A
0
Area 2
11100-
1
IA 3,804.90
lilt
2009 Mill and Overlay
Final Assessments
Parcels to be Assessed
AL
X. Lo
F4
A,
WA
Area 2
Assessment
Public Hearing
Information Packet
2009 Mill and Overlay07
Project
Project No. 91o8
7:00 P*M*
October 27, 2009
Agenda Item:
Page 7
AGENDA FOR SPECIAL ASSESSMENT PUBLIC HEARING
2009 MILL AND OVERLAY PROJECT
CITY PROJECT NO. 9108
1. Purpose of Meetin :
To provide the public an opportunity to hear a presentation of the proposed
assessments concerning public improvement projects benefiting their property.
The citizens have had an opportunity to review the proposed assessment roll in
the City Center as well as at this meeting and will have an opportunity to address
the Council concerning questions regarding these proposed assessments.
2. The Meeting was Carefully and Thoroughly Announced as Follows:
a. Notice was published in the Plymouth Sailor, the official City newspaper, as
required by law.
b. Written notice was mailed to each property owner in the improvement area
as shown by the records of the Hennepin County Auditor's tax statement
mailing list.
C. Announcements and discussions at Council meetings.
3. Review of Project Costs and Proosed Assessments:
Robert Moberg, City Engineer
4. The Procedure for the Hearing will be as Follows:
a. Write name, address, and agenda number on blue card.
b. Pass card to person collecting them, who will give them to the Mayor.
C. When your name is called, come up to the microphone.
d. Please speak clearly into the microphone so that all may benefit from your
remarks.
e. No one may speak twice until all others who wish to speak have done so
Please 2ive your name and address each time you speak.
5. Open Public Hearing:
6. Close Public Hearing
7. Council Action
Page 8
0:\Engineering\PR0JECTS\22000 - 2009\9108Tub11rg\AssessHrg Ag6nda 9108.doex
ASSESSMENT PROCEDURE
Notice of the hearing was published in the official city newspaper, the Plymouth Sailor and a
notice was mailed to the owners of each parcel described in the assessment roll. For the
purpose of giving mailed notice, owners are those persons shown to be such on the records of
the County Treasurer and these records are used in addressing and mailing notices. If you are
making a payment to your mortgage company which includes a deposit for real estate taxes, it
is probable that the address shown on the County Treasurer's records is that of the mortgage
company and not your own. If some of you did not receive a notice, this may well be the
reason. A copy of the individual roll is available for your inspection.
2. Following the hearing, the Council will decide whether any adjustments in the roll are
necessary and will, by resolution, adopt the roll.
3. Assessment Payment Options, attached, is an example of how to pay for the assessment. A
copy was also sent to you with the Assessment Hearing letter dated October 1, 2009.
4. If after the hearing and after the adoption of the assessment roll by the City Council, you feel
that your assessment is unfair, you may appeal to the District Court of Hennepin County.
Your appeal must be served upon the Mayor or the City Clerk within 30 days from the date of
the resolution of the Council adopting the particular assessment roll. Your appeal must be
filed with the Clerk of District Court within 10 days after it has been served upon the Mayor or
City Clerk. No such gppeal as to the amount of an assessment as to a specific parcel of land
may be made unless the owner has either filed a signed written objection to that assessment
with the City Clerk prior to the hearing or has presented the written objection to the presiding
officer at the hearing. These rules with respect to time are jurisdictional and the Council may
not extend them. Failure to serve and file your appeal as set out above will result in its
dismissal.
5. The above procedures are digested from Sections 429.061 and 429.081 of Minnesota Statutes
which govern the City Council in their assessment for public improvements.
Page 9
0:\En,ineering\PROJECTS\2000 - 2009\9108\Asmts\AssmtProcedue.docx
rp')of PUBLIC IMPROVEMENT SPECIAL AsSESSMENTP1;
ty
0 u t h
POLICY
Addlin Quality to Life
The Basis of Special Assessments.
A. General
As a charter city, Plymouth has the authority to levy special assessments under the
provisions of the State Local hriprovement Code (MSA Chapter 429). Minnesota State
Law, Chapter 429.011 to 429.111 and portions of 444 provides that a municipality shall
have the power to make public improvements such as sanitary sewers, storm sewers,
water source and distribution facilities, street improvements including grading curb
and gutter, surfacing, sidewalks, street lighting, recreational facilities, etc. The various
procedures the municipality must follow including reports, notices and public hearings
are well defined within the law.
The Statute further provides that the cost of any improvement may be assessed upon
property benefitted by the improvement based upon the benefits received whether or
not the property abuts on the improvement and whether or not any part of the cost of
the improvement is paid from Municipal State Aid, the county -state aid funds or trunk
highway funds. The law is not specific on how these benefits are to be measured or
how the costs are to be apportioned, but rather makes it incumbent upon the
municipality to determine, with assistance of an engineer or other qualified personnel, a
fair and equitable method of cost sharing among the properties involved.
For the purposes of allocating costs for public improvement projects in the City of
Plymouth, the City Council has defined two forms of benefit:
1. Special benefit
2. General benefit
Special Benefit. The general application of both law and court decisions holds that only
properties that receive a special benefit from improvement projects may be specially
assessed. For example, public utilities brought to an area not served with sanitary sewer,
water, road and drainage result in the properties in question increasing in market value.
Likewise, properties that do not directly abut a street improvement can be shown to
benefit from that improvement if the street provides the only public access to those
properties. Property may only be assessed to the extent the improvement causes the
property to increase in market value.
Public Improvement Special Assessment 1 of 13 City Council Policy
Page 10
General Benefit. The concept of general benefit holds that in some types of improvement
projects the community at large derives a benefit distinct from the special benefit derived
by the properties within the project boundaries. For example, a major thoroughfare may
be deemed to have a general benefit to the community at large, as well as the special
benefit derived by the abutting property.
Special assessments are levied by the City Council on particular parcels of property based
upon the benefit those parcels derive from the improvement as determined by the City
Council.
B. TotaL Project Cost
The total cost of a public improvement includes the following:
Construction cost plus 15% for engineering, administration, legal fees, assessment
rolls, plus right-of-way costs (fee acquisition and/or easement costs including
staff time) and temporary funding charges, plus other charges for services and
contingencies, plus any assessable charges from other goverm-nental agencies (i.e.
Metropolitan Council Environmental Services, Hennepin County, State of
Minnesota), plus any assessable costs previously incurred by the City.
A portion of other contributing funds from the City (i.e. Municipal State Aid (MSA),
Trunk Utility, Water Resources, etc.) or outside governmental agencies may be deducted
from the totalimprovement cost to determine the assessable cost.
C. Assessment Interest Rate
The special assessment interest rate shall be established annually by the Finance and
Administrative Services Department. The rate shall be as determined by the rate at which
the City can issue General Obligation Special Assessment bonds plus 1.5% for
administrative costs.
D. Term of Assessment
Assessments shall norinally be levied for a period not to exceed five (5) years for
assessments of $5,000 or less, ten (10) years for assessments greater than $5,000 but
10,000 or less, and fifteen (15) years for assessments greater than $10,000. In no case
shall the assessment term exceed the expected useful life of the improvement.
E. E. City Owned Property
The City from time to time undertakes public improvement projects benefiting property
within the City, and City -owned property is occasionally benefited by and may be
specially assessed for such improvements. City property shall generally be determined
the benefit as follows:
Public Improvement Special Assessment 2 of 13 City Council Policy
Page 11
Property owned or used by a City utility operation shall be deemed to
benefit in the same manner and to the same extent as a single-family
residential property.
2. Park land shall be viewed on an individual basis; however, smaller
neighborhood parks shall normally not be assessed; rather the costs spread
throughout the benefiting district. Community or central parks should
normally be assessed for benefit as single-family residential property.
3. Storm water holding areas shall not normally be deemed to be assessable.
4. Other categories of property shall be reviewed on an individual basis to
determine benefit.
F. F. Property Excluded
Special assessments will not be levied against property lying within the boundaries of a
delineated wetland or property dedicated for public right-of-way or easement prior to
development of the property provided that right-of-way or easement was not used as a
means to obtain density credits.
11. Public Improvement Assessment Policies
A. Sanitary Sewer
1 Functional Classification. For purposes of benefit determination, the following
two functional classifications are adopted:
a. Trunk Trunk sanitary sewers are those lines normally sized larger than eight
inches which are required to be constructed to provide service to a sewer
district or sub—district. These trunk lines are identified in the City's Sanitary
Sewer Plan. The cost of trunk facilities is deemed to be a central system
cost. Trunks may provide lateral benefit and where - such benefit is
determined the property will be so assessed. Trunks may be constructed in
an alignment to develop lateral benefit which requires deeper pipe
construction. In such instances, the Council shall consider the degree to
which extra depths may be treated as a trunk versus a lateral cost.
b. Laterals. Lateral sanitary sewer lines in most residential zones (FRD, R-1
through R-3) are not larger than eight inches while other zoned areas may
have lateral benefit up to twelve inches. Laterals are designed to be sized to
collect the sewage from a project area for conveyance to a trunk facility.
2. Central System Costs. Central system costs are divided into the following two
categories:
Public Improvement Special Assessment 3 of 13 City Council Policy
Page 12
a. Connection Charge. Sanitary Sewer Residential Equivalent Connection
REC) charges are established by the City to finance central system costs:
sewer trunks, force mains and pumping stations, etc. These improvement
costs are incurred before property can develop. REC charges for sanitary
sewer service to dwelling units or other structures shall be made in
accordance with Chapter 7 of the Plymouth City Code.
b. Area Charges Sanitary sewer area assessments, to finance central system
costs, shall be levied against all benefiting properties within an improvement
district. Sanitary sewer and water area assessments will usually be levied at
the same time.
The current assessment rates (adopted December 12, 2006 to be effective
January 1, 2007) for sanitary sewer area charges is $950 per developable
acre.
Area and connection charges shall be reviewed and annually to determine
whether current charges are projected to be adequate to cover the cost of
infrastructure needed to serve future development.
3. Lateral Assessments. It is the policy of the City to assess fully the costs of all
lateral sanitary sewers to a given project area. These costs shall include the costs
associated with bringing the sanitary sewer to the property at a point and depth
needed to serve not only the property in question, but adjacent parcels outside of
the current project boundary if the line is to be extended in the future. It shall be
the intent of the policy to insure that the most economical and effective sanitary
sewage collection system can be constructed so as to meet the ultimate needs of
the community at large. In all but high density (R-4) residential developments,
lateral sanitary sewer special benefit shall be limited to pipe sizes no greater than
eight inches in diameter, while in commercial and industrial zoned properties,
including properties zoned high density residential (R-4), the special benefit
shall be limited to a pipe no greater than twelve inches in diameter. Lateral
assessment shall be calculated on a front footage or unit basis.
B. Water
1. Functional Classification. For purposes of benefit determination, the following
two functional classifications are adopted:
a. Trunk. Trunk watern-lains are normally sized twelve inches or larger. These
trunk lines are identified in the City's Water Supply and Distribution Plan.
The cost of trunk facilities is deemed to be a central system cost. Trunks
may provide lateral benefit and where such benefit is determined the
property will be so assessed. There is no lateral benefit for FRD, R—I and
R-2 development unless a direct building connection is made to the trunk
water main. It is further determined that there is lateral benefit from trunk
water mains for all developments.
Public Improvement Special Assessment 4 of 13 City Council Policy
Page 13
b. Lateral. Lateral lines are norinally not larger than eight inches in most
residential zones (FRD, R-1 through R-2) and twelve inches in other zones.
Laterals are designed to be sized to provide water 'in sufficient volumes and
such pressure as required to serve a project area.
2. Central System Costs. Central system costs are divided irAo the following
categories:
a. Connection Charge. Water Residential Equivalent Connection (REQ
charges as established by the City to finance central system costs,
representing trunk water mains, reservoirs, wells, pumping stations,
treatment facilities, etc. These improvement costs are incurred before
property can develop. REC charges for sanitary sewer service to dwelling
units or other structures shall be made in accordance with Chapter 7 of the
Plymouth City Code.
b. Area Charges. Water area assessments, to finance central system costs, shall
normally be levied against all benefiting properties within an appropriate
improvement district at the area assessment rate then currently in effect
when water is available to the property.
The cur -rent assessment rates (adopted December 12, 2006 to be effective
January 1, 2007) for water area charges is $3,525 per developable acre.
Area and connection charges shall be reviewed and revised annually to
determine whether current charges are projected to be adequate to cover the
cost of infrastructure needed to serve future development.
3. Lateral Assessments. It is the policy of the City to assess fully the costs of all
lateral water mains to a given project area. These costs shall include the costs
associated with bringing the water main to the property at a point needed to serve
not only the property in question, but adjacent parcels outside of the current
project boundary if the line is to be extended in the future. It shall be the intent of
the policy to insure that the most economical and effective water distribution
system can be constructed so as to meet the ultimate needs of the community at
large. In all but high density (R-3 and R-4) residential developments, lateral
water main special benefit shall be limited to pipe sizes no greater than eight
inches in diameter, while in commercial and industrial zones properties,
including properties zoned in high density residential (R-3 and R-4) and
schools, the special benefit shall be limited to a pipe no greater than twelve
inches in diameter. Lateral assessment shall be calculated on a fTont footage or
unit basis.
C. Storm Drainage
Public Improvement Special Assessment 5 of 13 City Council Policy
Page 14
1. Storm drainage facilities, (pipes, ponds, wetlands, lakes, etc.) are designed to
convey storm and other surface water so as to enhance the public health, safety
and welfare. The benefits to the citizens of Plymouth from such facilities are
numerous. They include, but are not limited to:
a. Protection and preservation of wetlands, marshes and ponds for the
enhancement of ground water recharging, filtration of pollutants, wildlife
habitat, and general aesthetic beauty associated with such natural areas.
b. Conveyance of surface water through piping systems to prevent flooding
and damage to property.
c. Establishment and maintenance of pond and lake levels to prevent flooding
downstream in the watershed.
d. Improvement of receiving water quality for lakes, wetlands and streams.
e. Control of channel erosion and stream morphology.
f. Protection of the physical and biological integrity of the stream and wetland
corridors.
g. Control bounce and duration of inundation of wetlands and preservation of
the function and values for each type of wetland classification.
A comprehensive storm drainage system benefits all properties in a watershed.
Projects undertaken within a watershed or major drainage district, which
improvements are designed as "trunk" in the Surface water Management Plan,
are deemed to be of general benefit to all of the property within the watershed or
major drainage district. The Council shall determine whether or not trunk benefit
is present in a project. If trunk benefit is present, the cost of that part of the
project will be shared by all within the watershed or major drainage district in the
following manner:
a. Ad valorem taxes collected from property within the watershed.
b. Special assessments levied on property within the watershed or major
drainage district.
2. Storm Drainage Benefits.
For purpose of assessing storm- drainage benefit, the following assessment ratio
shall normally be used:
Land Use Ratio
Commercial & Industrial Zones 2-1/2
High Density Residential (R-3 and R-4) 1-1/2
Public Improvement Special Assessment 6 of 13 City Council Policy
Page 15
Low Density Residential (Other R Zones) I
This policy is established on the basis of design run-off coefficients and City
development policies which generally require retention and preservation of
natural water courses in residential areas and permits significant dislocation of
these water retention areas and water courses in commercial and industrial areas.
D. Streets
I This policy outlines the general street assessment policy which will be applicable
for various street functional classifications and zoned for guided properties. The
policy will assure property owners they are being treated in an equitable manner
with respect to the special benefits their property receives from street
improvements.
2. Functional Classification.
a. Minor Arterials. Minor arterials are roadways designed to provide for the
through movement of traffic and are generally associated with the most
intense land uses. Access to such arterials is generally limited to public
streets. Arterials are normally designed to 9—ton standards with concrete
curb and gutter and a width of 52 feet. Arterials may include medians and
turning lanes.
b. Major Collectors. Major collectors are roadways designed to distribute
traffic from ma or generators or from minor collectors to the arterial system. i
Access to major collectors shall be minimized, however, insuring the
abutting parcels are properly served. Major collectors are designed to 9 -ton
standards with concrete curb and gutter and a width of up to 52 feet. Major
collectors may include medians and turning lanes,
c. Minor Collectors. Minor collectors are roadways designed to distribute
traffic from the major collectors and/or arteri.als to the local street system
and vice versa. Lane access and local traffic movement within the various
neighborhoods and areas are provided. Minor collectors are designed to 9—
ton standards with concrete curb and gutter and width between 44 and 48
feet in commercial/industrial and higher density residential area, and to 7—
ton standards and a width between 32 and 36 feet in residential zones.
d. Local Streets. Local streets are roadways designed to serve as access to
abutting residential or industrial/commercial properties. The design shall
discourage through traffic. Residential streets are designed to 7—tonZ:1
standards and a width of 28 feet and commercial/industrial streets are
designed to 9 -ton standards and a width of up to '36 feet.
3. Assessment Procedures
Public Improvement Special Assessment 7 of 13 City Council Policy
Page 16
a. Low Density Residential (FRD, R-1 and R-2). It is the normal City policy to
fully assess the cost of residential street construction (28 feet wide, 7—ton
design, concrete curb and gutter) to the above residential areas if the
property has direct access to the street.
b. Higher Density Residential (R-3 and R-4) and CommerciallIndustrial. It is
the normal City policy to fully assess the cost of all streets to the above
residential, commercial arid industrial areas if the property abuts the
roadway.
c. Special Considerations.
1) Land uses allowed by conditional use permit other than PUD's in the
FRD, R-1 and R-2 districts shall non-nally be presumed to receive a
special benefit from roadway construction beyond that for the low
density residential land uses.
2) The general rule is to assess platted lots on a front footage basis,
however, where curvilinear and/or cul—de—sac streets produce odd
shaped lots, consideration will be given to the "unit" assessment if the
special benefit to the property in the district is essentially the same.
3) In those cases where the project street benefits undeveloped
homogeneous area, the Council may assess such project cost to the
parcels on the basis of the relationship of the area of each parcel to
the total area within the homogeneous area to be assessed.
4) City participation in street construction costs shall not be considered
unless the standards exceed 36 feet in width and/or 7—ton design
residential)/9—ton design (commercial/industrial).
5) The following table indicates the normal assessment practices of the
City based upon the guiding or zoning of the property proposed to be
assessed:
Public Improvement Special Assessment 8 of 13 City Council Policy
Page 17
MINORARTERIALS:
ACCESS TO
STREET
Direct x x x x x
Indirect x x x x x x x x x x
DESIGN
STANDARD
7—ton x
9—ton x x X X x X
Up to 36 ft. x
Up to 44 ft. x x
Up to 52 ft. x x x x
Concrete
Curb/Gutter
x x x x x x x x x x
Public Improvement Special Assessment 9 of 13 City Council Policy
Page 18
MAJOR COLLECTORS:
Public Improvement Special Assessment 10of13 City Council Policy
ACCESS TO
STREET
Direct
DESIGN
STANDARD
Public Improvement Special Assessment 10of13 City Council Policy
MINOR COLLECTORS AND LOCAL:
4. Street Reconstruction. The City Council has adopted a long-range plan providing for
the periodic reconstruction, including mill and overlay, of all paved city streets. With
the improvement of streets, as a result of reconstruction or mill and overlay, adjoining
properties receive special benefit that results in the increase of the property's value. It
is the policy of the City that this special benefit should be paid for by the property
owner receiving the special benefit rather than the City as a whole. This is
accomplished by specially assessing the benefited property as authorized by State
Statute, Section 429. The following is the City of Plymouth's policy regarding
special assessments to properties benefiting from street improvements.
a. It is the policy of the City to specially assess abutting benefiting propertyies
for street reconstruction costs, but not in excess of the special benefit to the
property. This policy applies to all streets that are public streets.
Pubtic Improvement Special. Assessment 11 of 13 City Councit Poticy
Page 20
ACCESS TO
STREET
Direct
X X X X X X X X X X
Indirect X X X X X X X X X X
DESIGN
STANDARD
7—ton X X X X
9—ton X X X X X X
Up to 36 ft. X X X X
Up to 44 ft. X X
Up to 52 ft. X X X X
Concrete X X X X X X X X X X
Curb/Gutter
4. Street Reconstruction. The City Council has adopted a long-range plan providing for
the periodic reconstruction, including mill and overlay, of all paved city streets. With
the improvement of streets, as a result of reconstruction or mill and overlay, adjoining
properties receive special benefit that results in the increase of the property's value. It
is the policy of the City that this special benefit should be paid for by the property
owner receiving the special benefit rather than the City as a whole. This is
accomplished by specially assessing the benefited property as authorized by State
Statute, Section 429. The following is the City of Plymouth's policy regarding
special assessments to properties benefiting from street improvements.
a. It is the policy of the City to specially assess abutting benefiting propertyies
for street reconstruction costs, but not in excess of the special benefit to the
property. This policy applies to all streets that are public streets.
Pubtic Improvement Special. Assessment 11 of 13 City Councit Poticy
Page 20
b. The assessment amount for the reconstruction or mill and overlay of
previously paved streets shall be determined annually by the City Council.
The assessment amount is based on the following:
1) Benefited properties shall be assessed 40% of the actual project cost.
2) For the purposes of street reconstruction or mill and overlay, the
project costs will include the cost of replacing or repairing concrete
curb and gutter. In those cases where bituminous curbing, is replaced
with concrete curb and gutter, or where curb and gutter did not
previously exist, the additional special benefit will be assessed. The
cost to be assessed shall be 100% of the cost of installing the concrete
curb and gutter. This cost will be assessed on either a front foot or unit
basis. The addition of a storm sewer system will also be considered an
additional benefit and shall be assessed at 100% of the cost.
3) Assessments for properties guided or zoned for single-family use shall
be made on a per parcel (unit) basis for a local residential or residential
low volume street design standard as provided for in Plymouth City
Code and Engineering Guidelines. A property may be assessed for
more than one unit in cases where the property could be reasonably
further subdivided in accordance with current zoning and subdivision
requirements.
4) For properties guided or zoned for other than single family use, the
City shall calculate equivalent units based on the guided or zoned use.
The equivalent units may be based on front footage or area depending
upon the guided or zoned use and parcel configuration.
5) If a street is reconstructed to a design standard greater than the current
design standard due to the guided or zoned uses, the additional cost to
reconstruct the street shall be fully assessed to those properties. If the
street is reconstructed to a design different than the current standard,
the total cost shall be fully assessed to those properties if conditions
warrant.
6) Properties abutting county roadways reconstructed to complete urban
design and having reasonable access thereto shall be assessed in
accordance with this policy. The assessments shall be used to defray
the City's cost participation in the county improvement projects.
7) Properties or areas of property that have been determined to be
unbuildable shall be excluded from assessments.
8) Properties not abutting roadways reconstructed to complete urban
design but whose primary public street access is from said roadway
shall be assessed an amount equal to the special benefit received as
determined by a certified real property appraiser.
Public Improvement Special Assessment 12 of 13 City Council Policy
Page 21
E. Street Lighting
Street lighting assessments shall be made in accordance with Chapter Vil of the
Plymouth City Code.
F Other Provisions
Payment ofAssessments and Deferrals
Partial Payments
Partial prepayments of assessments can be made in accordance with Amende Chapter III
of the Plymouth City Code (Ordinance 2005-06).
Deferrals
Senior Citizens and Disabled People Special Assessments Deferrals in accordance with
City policy (if you are at least 65 years of age or are disabled, you may qualify to have
special assessments deferred). Other deferrals may be available as authorized by State
Statute, Section 429 or other City policies.
Combined Parcel
Where there is proposed a combination of parcels of record upon which separate special
assessments have been levied, it,shall be the policy of the City of Plymouth with respect
to abatement of such special assessments as follows:
I In no case shall assessments for area charges or front foot lateral charges be
adjusted.
2) Residential Equivalent Charges formerly assessed may be abated by the City
Council, on a case-by-case basis, on parcels that would be unsuitable for
construction only at such time as said parcels are combined with others to
create a suitable parcel.
Approved by Council Resolution No. 2007-468 on November 13, 2007
Supersedes Res. 2006-503, December 12, 2006; Res. 2005-476, December 13, 2005; Res. 2005-
154, April 12, 2005; Res. No. 98-6 January 7, 1998; Res. 95-126, February 21, 1995; Res. 89-154,
March 6, 1989; Res. 88-381, June 27, 1988; Res. 88-115, February 8, 1988, Res. 87-132,
February 23, 1987, Res. 85-237, April 1, 1985; Res. 83-674, December 5, 1983; Res. 82-615,
November 22, 1982; Res. 81-803, November 23, 198 1; Res. 81-128, February 23, 198 1; Res. 80-
475, July 21, 1980; Res. 76-281, May 17, 1976; Res. 75-624, November 3, 1975; Res. 73-342,
August 20, 1973; Res. 66-156, September 12, 1966.)
Public Improvement Special Assessment 13 of 13 City Council Policy
Page 22
POLICY FOR SPECIAL ASSESSMENT DEFERMENT FOR HOMESTEAD
PROPERTY OWNED BY SENIOR CITIZENS AND DISABLED PEOPLE
The City of Plymouth will consider deferring special assessments on homestead property
which would place a financial hardship on the owner if the owner is at least 65 years old
or retired due to a total and permanent disability. This policy is in accordance with
Minnesota Statute 435, 193-195.
A hardship will be deemed to exist under the following conditions:
Senior Citizen
A. The property is the homestead of the owner.
B. The owner is at least 65 years of age.
C. The owner has a gross income of less than $29,350 for a one
person household in the year before the assessment installments for
local improvements are to be certified to the County.
If more than one person lives in the household, the income limit
will be increased as shown below:
2 persons 33,550
3 persons 37,750
4 persons 41,950
5 persons 45,300
These income guidelines will be updated annually in accordance
with the income guidelines for HUD eligibility (50% of median
income).
XM
11. Permanent and Total Disability
A. The property is the homestead of the owner.
B. The owner had a gross income which meets the limit detailed in
I -C above.
Income Guidelines Updated 10/l/2009
Page 23
B. The owner is retired due to a permanent and total disability which
must include one of the following:
I . Certified as legally blind in both eyes.
2. Loss of both arms at the shoulder.
3. Loss of both legs so close to the hips that no effective
artificial limbs can be used.
4. Complete and permanent paralysis.
5. Total and permanent loss of mental facilities.
6. Any other injury which prevents the owner from working
and earning an income that exceeds the limit set forth in I-
C above.
Iff. Administration ofDeferment Program
A. The City Council will review the income limit for this program
when it reviews the income guidelines for the Housing and
Redevelopment Home Improvement Grant Program. This review
usually occurs in early August.
B. Applications for this program are available from the City.
Applications must be submitted before November 30th.
C. Applicants must supply the information required on the application
and any supplementary documentation necessary to establish and
verify the following:
I . The legal description and property identification number.
2. The street address.
3. That it is homestead property of one acre or less. The only
exception is for those parcels that are five acres or less and
which may not be subdivided without additional public
improvements.
4. The description of the improvement.
5. The home of the homestead owner -occupant.
6. That the owner -occupant is over 65 years old.
7. That the property owner retired because of permanent and
total disability as defined in this policy. -
8. That paying the special assessment on the ordinary
schedule constitutes a hardship as defined in this policy.
D. Simple interest will accrue for the term of the assessment on any
principal of the special assessment which is deferred. After the
term of the assessment expires, no more interest will accrue.
E. The Finance Director will determine whether an applicant is
eligible based upon this policy and state law.
Income Guidelines Updated 10/ 1 /2009
Page 24
State Statutes provide that the deferment is terminated and all
accumulated amounts plus applicable interest become due upon
any of the following events:
The death of the owner (if the spouse is not otherwise eligible
forthe deferment);
e The sale, transfer, or subdivision of any part of the property;,
0 Loss of homestead status of the property; or,
Determination by the council that requiring immediate or
partial payment would impose no hardship.
1 . Occasionally an individual will exceed the income guidelines
in a given year. If the individual has previously qualified under
the income guidelines and has received the senior citizen
deferral, the deferral will continue without interruption if the
total annual income is not more that 150% of the income
guidelines.
2. If an individual exceeds the above income guideline test, the
Finance Director shall request additional financial information
to determine if a hardship continues to exist. The individual
shall provide information on total assets.
The Finance Director will then request a determination by the
City Council that requiring immediate or partial payment
would impose no hardship.
F. The Finance Director will maintain special assessment deferral
records and will annually update the City Council on deferments
approved under this policy.
G. The City will establish a revolving fund to pay the deficiency in
bond redemption installments arising from special assessment
deferments. Accrued deferred installments of special assessments
and interest at the time of termination of the deferinent will be paid
into this fund.
Income Guidelines Updated 10/1/2009
Page 25
01-118-22-11-0004
01-118-22-11-0005
01-118-22-24-0008
25-118-22-43-0030
36-118-22-11-0007
36-118-22-11-0012
36-118-22-11-0013
36-118-22-11-0014
36-118-22-11-0015
36-118-22-12-0010
36-118-22-12-0013
36-118-22-13-0008
36-118-22-14-0026
36-118-22-14-0027
36-118-22-14-0028
36-118-22-14-0029
36-118-22-14-0030
36-118-22-14-0031
36-118-22-14-0032
36-118-22-21-0007
36-118-22-21-0008
36-118-22-21-0009
36-118-22-21-0010
36-118-22-21-0011
36-118-22-21-0012
36-118-22-21-0013
36-118-22-21-0014
36-118-22-21-0015
36-118-22-21-0016
36-118-22-21-0017
36-118-22-21-0018
36-118-22-21-0019
36-118-22-21-0020
36-118-22-21-0023
36-118-22-21-0024
36-118-22-21-0025
36 -la -22-21-0026
36-1 -22-21-0028
36 -?&-22-21-0029
36-1"-22-21-0030
36-1R-22-21-0031
136-118-22-21-0032
136-118-22-21-0033
Owner 1
JC Plymouth Property, LLC
Wells VAF-6000 Nathan Ln., LLC
Lormar Development Co.
Tricor Properties
L T Holdahl
Evelyn Humenk
Alan D Westlund
Ryan M Rooney
Raymond M Johnson
SJH Real Estate LLC
Nathan Lane Assoc. LLP
Michael and Mary Fruen
Wayfour 11, LLC
Richard L Lindstrom
Charal Properties LLC
Charal Properties LLC
Znneth J Wilson
Mutual Investment Properties
Mutual Investment Properties
Harley C Greenberg
Andrew L Turke
Susan G Kela
Mary A Manske
Karen M Croonauist
David D Roston
Dale E Sauer
Sadelia S Chase
Carin J Offerman
Joan E Akers
Susanne M Holden
Emmet C Kurtz
Leo E Rogers
Judy A Foley
John G Myers
Sheila N Lazerine
Debra K Kristal
Dennis D Oconnor
Elizabeth L Cole
Robert J Maddaus
Leonid Grichener
Sherman Rackner
Final Assessment
5 Year Term
2009 Mill Overlay Project
City Project No. 9108
Owner 2 Address
MN008-E305 9900 Bren Rd E
C/O Thomson Proprty Tax services 229 Peachtree St NE # 1900
5959 Trenton Ln N
Creekridae Cir.
William L Stokke
Hannah L Rooney
Eleanor A Johnson
C/O Stephen J Hec
C/O Marshall SeCIE
Attn: Thomas G Shaver
Ellen H
Boston Scientific Scimed, Inc
Rebecca Kennedy
Eileen G Roston
Nancv C Sauer
Norma J Kurtz
Lorentina Rogers
Lois M Myers
David M Peterson
Maureen E Oconnor
B Maddaus
inna Grichener
Dn A Rackner
1925 Annapolis Ln. N
9812 10th Ave N
9818 1 Oth Ave N
1020 Nathan Ln
1030 Nathan Ln
1205 Nathan Ln. N
1069 Clarion Ln
10500 Runnymeade Ln N
107 Grove Ln E
710 E 24th St. # 106
200 W. Sycamore St.
200 W. Sycamore St.
12912 Farnham Ave
9865 10th Ave. N
9865 10th Ave. N
1000 Trenton Cir.
1004 Trenton Cir.
1008 Trenton Cir.
1012 Trenton Cir.
1007 Trenton Cir.
1005 Trenton Cir.
1048 Trenton Cir.
3 Colonial Club Dr. # 305
1056 Trenton Cir.
1060 Trenton Cir.
1064 Trenton Cir.
1068 Trenton Cir.
1072 Trenton Cir.
1076 Trenton Cir.
1015 Trenton Cir.
1019 Trenton Cir.
1023 Trenton Cir.
1027 Trenton Cir.
2312 Indian Rd W
1020 Trenton Cir.
1024 Trenton Cir.
1028 Trenton Cir.
1032 Trenton Cir.
1036 Trenton Cir.
Minnetonka, MN 55343
Atlanta, GA 30303
Plymouth, MN 55442
MpIs, MN 55439-2609
Plymouth, MN 55447
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Las Vegas, NV 89134
Minnetonka, MN 55305
Wayzata, MN 55391
Mpls, MN 55404
St. Paul, MN 55117
St. Paul, MN 55117
White Bear Lake, MN 55110
Plymouth, MN 55411
Plymouth, MN 55411
Plymouth, MIN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Boynton Beach, FIL 33435
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MIN 55441
Minnetonka, MN 55305
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
Plymouth, MN 55441
01
08.12
08.12
08.12
08.12
32.99
60.3
3
2
009.80
2,332.48
1,675.26
2,770.62
940.72
1,430.41
1,430.41
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
196.81
Status: Final
0:\Engineering\PROJECTS\2000 - 2009\9108\Asmts\Final-5Yr-Asmtwksht-9108.xlsx
Final Assessment
5 Year Term
2009 Mill Overlay Project
City Project No. 9108
Status: Final
36-118-22-21-0035 Marshall A Rappaport Susan M Rappaport 1044 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0036 Steven P Lipinski 1112 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0037 Zola Friedman Barbara M Friedman 1108 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0038 James L Cohen 1104 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0039 Glenn F Charney Bette G Charney 1100 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0040 Gary c Anderson 1116 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0041 Joyce B Ruben 1120 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0042 Jeff Engler Lee Engler 965 Decatur Ave N Golden Valley, MN 55427 196.81
36-118-22-21-0043 Darlene G Woolsey 1128 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0045 Gordon J Bentson Ines Bentson 1161 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0046 Mary F Kopman 1163 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0047 Vickie E Edman 1165 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0048 Rodney C Hall Doris L Hall 1167 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0049 Suzanne P Greene 1129 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0050 Rodney A Schmidt Elizabeth R Schmidt 1131 Trenton Cir. Plymouth, MINI 55441 196.81
36-118-22-21-0051 Barbara S Labofsky 1184 Trenton Cir. Plymouth, MINI 55441 196.81
36-118-22-21-0052 Yuriy Gurevich Lina Gurevich 1188 Trenton Ci r. Plymouth, MN 55441 196.81
36-118-22-21-0053 Bette L Woscoff 1192 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0054 Jane Sigford 1196 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0056 William D Bodette, Jaclyn S Bodette 1144 Trenton Cir, Plymouth, MN 55441 196.81
36-118-22-21-0057 Mary F Ring 1140 Trenton Cir. Plymouth, MN 55441 196.81 1
36-118-22-21-0058 Arthur T Goldberg Kaye E Goldberg 1136 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0059 Ardeth L Volk 1132 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0060 Earl R Witcraft A Ann Witcraft 1180 Trenton Cir. Plymouth, MN 55441 196,81
36-118-22-21-0061 Marilyn J Weldin 1176 Trenton Cir. Plymouth, MINI 55441 196.81
36-118-22-21-0062 James F Small Jean L Small 1172 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0063 John L Allen Diane M Schwenter 1168 Trenton Cir. Plymouth, MINI 55441 196.81
36-118-22-21-0064 Frederick J Schommer Margaret J Schommer 1148 Trenton Cir. Plymouth, MINI 55441 196.81
36-118-22-21-0065 Lawrence G Kappel Linda A Kappel 1152 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0066 Alvin W Hork Renee E Hork 1156 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0067 Shirley A Hines 1160 Trenton Cir. Plymouth, MN 55441 196.81
36-118-22-21-0068 Nasa Investments, LLC; IThe 14951 Hahn Ln Shakopee, MN 55379IlPlymouth, 2,512.89
136-118-22-23-0042 Columbus Home Assoc. 10904 So. Shore Dr. MN 55441 4,123.721
U0
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4
1 $65,349.75
0:\Engineering\PROJECTS 2000 - 2009\9108\Asmts\Final-5Yr-Asmtwksht-9108.xlsx
Final Assessment
10 Year Term
2009 Mill Overlay Project
City Project No. 9108
Property ID Owner 1 Owner 2 Address City Amount
01-118-22-21-0002 Exotic Properties LTD Partnership 6050 Nathan Ln. N Plymouth, MN 55442 5,979.12
01-118-22-21-0005 Cabot Industrial Properties LP PO Box 4900 Scottsdale, AZ 85261 6,561.51
01-118-22-24-0007 VV Minneapolis LP Lend lease Real Estate, Attn: James Hennessy 1 N. Wacker Dr., #800 Chicago, 11. 60606 9,492.83
25-118-:22-44-0003 Charal Properties LLC 200 W. Sycamore St. St. Paul, MN 55117 7,177.85
36-118-22-23-0019 Robert Miller 13334 Fremont Ave N Mpls, MN 55412 5,992.28
36-118-22-23-0021 Robert Miller 13334 Fremont Ave N Mpls, MN 55412 5,064.44
36-118-:22-24-0085 J N A 55 LLC 1321 1 st Ave N MpIs., MN 55401 6,456.20
46,724.27
U0
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N
00
Status: Final
0:\Engineering\PROJECTS\2000 - 2009\9108 Asmts\Final—lOYr—Asmtwksht-9108.xlsx
Final Assessment
15 Year Term
2009 Mill Overlay Project
City Project No. 9108
Status: Final
Property ID Owner I Owner 2 Address City Amount
01-118-22-12-0003 VV Minneapolis LP Lend lease Real Estate, Attn: James Hennessy 1 N. Wacker Dr., #800 Chicago, IL 60606 13,132.72
01-118-22-12-0004 Exotic Properties LTD Partnership 6050 Nathan Ln. N Plymouth, MN 55442 17,170.57
01-118-22-13-0005 Schneider (USA) Inc. Boston Scientific Scimed, Inc 2 Scimed Place Maple Grove, MN 55311 19,975.71
36-118-22-11-0029 First Industrial LP 9450 W Bryn Mawr Ave. # 750 Rosemont, IL 60018 12,358.27
36-118-22-11-0030 Banner Engineering Corp. 9714 1 Oth Ave N Plymouth, MN 55441 16,546.42
36-118-22-12-0012 Geneva CMIX IV LLC Geneva Management Services 3750 Wells Fargo Center 90 7th St S. MpIs., MN 55402 16,430.44
36-118-22-13-0009 Duke Realty LTD Partnership Attn: Sr. Property Manager 1600 Utica Ave S. # 250 MpIs, MN 55416 11,507.75
U0
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10
1 $107,121.881
0:\Engineering\PROJECTS\2000 - 2009\9108\Asmts\Final-1 5Yr—Asmtwksht-9108.x1sx
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ADOPTING ASSESSMENTS
2009 MILL AND OVERLAY PROJECT
ASSESSMENTS UP TO $5,000
CITY PROJECT No. 9108
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement
of Nathan Lane, South Shore Drive, 10th Avenue, 13 th Avenue (Area - 1) and Nathan
Lane/Trenton Lane (Area - 2), by bituminous resurfacing of the street, replacement of
concrete curb and gutter, driveway entrance repair, repairs to utility structures, traffic signal
loop detectors and all necessary appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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, 2010, and shall bear the interest rate of 3.24% per annum for a 5 year assessment
period 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, 2010. 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 of Plymouth Finance
Department, except that no interest shall be charged if the entire assessment was paid
within 30 days from the adoption of this resolution; and he may at any time there after,
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 by November 27 or interest will be
charged through December 31 of the next succeeding year. The owner of any property so
assessed may also, within 30 days from the adoption of the resolution, make a partial
payment of a least $100 to the City of Plymouth Finance Department. The remaining
unpaid balance will be certified as the new assessment amount. The owner may also at
any time prior to November 15, of any year, pay the remaining unpaid principal balance
with interest accrued to December 31 of the year in which such prepayment is made.
Page 30
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Finance Director to be extended on the property tax lists of the County. 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 $65,349.75
Approved this 27 th
day of October, 2009
Page 31
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ADOPTING ASSESSMENTS
2009 MILL AND OVERLAY PROJECT
ASSESSMENTS FROM $5,001-$10,000
CITY PROJECT No. 9108
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement
of Nathan Lane, South Shore Drive, 10th Avenue, 13 th Avenue (Area - 1) and Nathan
Lane/Trenton Lane (Area - 2), by bituminous resurfacing of the street, replacement of
concrete curb and gutter, driveway entrance repair, repairs to utility structures, Traffic Signal
loop detectors and all necessary appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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, 2010, and shall bear the interest rate of 4.39% per annum for a 10 year
assessment period 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, 2010. 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 of Plymouth Finance
Department except that no interest shall be charged if the entire assessment was paid
within 30 days from the adoption of this resolution; and he may at any time there after,
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 by November 27 or interest will be
charged through December 31 of the next succeeding year. The owner of any property
so assessed may also, within 30 days from the adoption of the resolution, make a
partial payment of a least $100 to the City of Plymouth Finance Department. The
remaining unpaid balance will be certified as the new assessment amount. The owner
may also at any time prior to November 15, of any year, pay the remaining unpaid
Page 32
principal balance with interest accrued to December 31 of the year in which such
prepayment is made.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the property tax lists of the County. 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 $46,724.23
Approved this 27t" day of October, 2009
Page 3 3
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ADOPTING ASSESSMENTS
2009 MILL AND OVERLAY PROJECT
ASSESSMENTS UP TO $10,001 AND HIGHER
CITY PROJECT No. 9108
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement
of Nathan Lane, South Shore Drive, 10th Avenue, 13 th Avenue (Area - 1) and Nathan
Lane/Trenton Lane (Area - 2), by bituminous resurfacing of the street, replacement of
concrete curb and gutter, driveway entrance repair, repairs to utility structures, Traffic Signal
loop detectors and all necessary appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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 15 years, the first of the installments to be payable on or before the first
Monday in January, 2010, and shall bear the interest rate of 5. 11 % per annum. for a
15 year assessment period 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, 2010. 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 of Plymouth
Finance Department, except that no interest shall be charged if the entire
assessment was paid within 30 days from the adoption of this resolution; and he
may at any time there after, 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 by November 27 or interest will be charged through December 31 of the
next succeeding year. The owner of any property so assessed may also, within 30
days from the adoption of the resolution, make a partial payment of a least $ 100 to
the City of Plymouth Finance Department. The remaining unpaid balance will be
certified as the new assessment amount. The owner may also at any time prior to
Page 34
November 15, of any year, pay the remaining unpaid principal balance with
interest accrued to December 31 of the year in which such prepayment is made.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the property tax lists of the County.
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 $107,121.88
Approved this 27t" day of October, 2009
Page 3 5
rp)City of Agenda 7.3PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer
October 27, 2009 Reviewed by: Doran Cote, P.E. Director of public Works
Assessment Public Hearing
Item: 36 1h Avenue Street Reconstruction Project
City Project No. 8104
1. ACTION REQUESTED:
Make a motion to adopt the attached two (2) resolutions adopting the assessment roll as proposed
for the 36 th
Avenue Street Reconstruction Project, City Project No. 8104.
2. BACKGROUND:
The City Council set October 27, 2009 as the date of the public hearing on the final assessment for
the
36th Avenue Street Reconstruction Project, which is located on 36 th
Avenue from Vicksburg
Lane to Plymouth Boulevard. This project included replacing the subgrade material with sand and
rebuilding the crushed rock and bituminous layers, replacing concrete curb and gutter as needed, and
improvements to the watermain and sanitary sewer. In addition, a 12' wide sidewalk was installed
on the south side of
36th Avenue, the sidewalk on the north side of 36th Avenue has been replaced as
necessary and four 12' wide crosswalks will be installed. Due to the lower temperatures than
expected, it is anticipated that the crosswalks will be installed in the spring of 2010. Project
construction is expected to be complete by the assessment hearing, with the exception of installing
the four concrete crosswalks, and some minor restoration, corrections and cleanup.
The recommended assessments for this project are based on front footage on 36h Avenue and range
from $69,765.53 to $511.86 per property. The assessment of $511.86 is for each one of 35 office
condominiums on the property located on the southwest comer of 36
th Avenue and Plymouth
Boulevard. The attached map shows the recommended assessments for each property, as well as the
initial estimate. The initial assessments at the time of the Public Improvement Hearing on April 28,
2009 had a range from $82,968.31 to $608.73 per property. Due to favorable bids, the
recommended assessments are approximately 16% lower than what was initially estimated.
The property owners have four different options to pay for their assessment. Option I is full
payment by November 27, 2009 without any interest. Option 2 is full payoff between the dates of
November 27, 2009 and November 14, 2010. Interest in this option will be for the entire year
regardless of when the balance is paid off. Option 3 is payment over the standard assessment term (5
years or 15 years depending on the assessment amount). Finally, Option 4 is a partial prepayment by
November 27, 2009 and the remaining balance to follow the standard assessment term for Option 3.
Page 1
This Assessment Hearing has been noticed in accordance with the legal requirements including
published notice and mailed notice to each property to be assessed.
3. BUDGET IMPACT:
The total amount of the final assessments is proposed to be $174,999.94. The City's portion of
the project will be paid through the Municipal State Aid Fund ($248,108.84), the Water Fund
8,855.00), the Sewer Fund ($690.00) and the Community Improvement Fund ($111,194.29).
The total project cost for this project is $543,848.07. This project was programmed in the 2009-
2013 Capital Improvement Program (CIP) for a total project cost of $7 10,000.
The 2010-14 Capital Improvements Program (CIP) has $400,000 programmed for additional
landscaping improvements in 2010. These improvements will be done as a separate project and
will not be assessed.
4. ATTACHMENTS:
Assessment Area Map
Assessment Rolls (2)
Resolutions (2)
Page 2
C.P. 8104
36th Avenue Reconstruction
Assessment Map
Id
1611822330012 —J I1611822330004161182233001310012
1.1051,922.02 $27,965.92 $23,956.10
20,143.96 T- 43,659.65 $23,515.70
01
z 36TH AVE
2111822220015
82,968.31
69,765.53
211182222
0022-0058
Total $21,305.51
Individual $608.73
Total $17,915.1
Individual $511.86
Key
12,345 Initial Estimate April 28, 2009
12,345 Recommended Assessment
Page 3
Assessment Public Hearing
5 Year Term
PID
21-118-22-22-0022
21-118-22-22-0023
21-118-22-22-0024
21-118-22-22-0025
21-118-22-22-0026
21-118-22-22-0027
21-118-22-22-0028
21-118-22-22-0029
21-118-22-22-0030
21-118-22-22-0031
21-118-22-22-0032
21-118-22-22-0033
21-118-22-22-0034
21-118-22-22-0035
21-118-22-22-0036
21-118-22-22-0037
21-118-22-22-0038
21-118-22-22-0039
21-118-22-22-0040
21-118-22-22-0041
21-118-22-22-0042
21-118-22-22-0043
21-118-22-22-0044
21-118-22-22-0045
21-118-22-22-0046
21-118-22-22-0047
21-118-22-22-0048
21-118-22-22-0049
21-118-22-22-0050
21-118-22-22-0051
21-118-22-22-0052
21-118-22-22-0053
21-118-22-22-0054
21-118-22-22-0055
21-118-22-22-0058
0
SU
U0
M
Name
101 PROPERTIES,LLC
101 PROPERTIES,LLC
101 PROPERTIES,LLC
FOUR CORNERSTONES LLC
BLANK CORPORATION
NOTRE MAISON, LLC
BOYER REAL ESTATE HOLDING, LLC
THUY-MARK PROPERTIES, LLC
R E VENTURES 11 LLC
LGM PROPERTIES, LLC
SOURCE CONSTRUCTION CAPITAL
GREGORY L GITTSOVICH
LEE BUSINESS PRODUCTS, LLC
LEE BUSINESS PRODUCTS, LLC
THE CALVIN FUND LLC
TABOR PROPERTIES, LLC
TABOR PROPERTIES, LLC
LIFE IS GOOD LLC
PLYMOUTH TOWN CENTRE LLC
MCKEE AND ANDREWS
PAKLAND LLC
FOUR CORNERSTONES LLC
JOHN P OHALLORAN
PLEXUS PROPERTIES LLC
BOYER REAL ESTATE HOLDING, LLC
RRY 1, LLC
R E VENTURES 11 LLC
BEHM FAMILY LLC
MAYBUSH INVESTMENTS LLC
ALLIED CONCERT SERVICES INC
JOSEPH J CAVANAUGH SR
ALMARK
JOSEPH J CAVANAUGH JR
JAYSUE LLC
HYPERBARIC OXYGEN THERAPIES INC
36th Avenue Street Reconstruction Project
CP 8104
Address
ATTN BRAD MIDDENDORF
ATTN BRAD MIDDENDORF
ATTN BRAD MIDDENDORF
3515 PLYMOUTH BLVD # 204
3515 PLYMOUTH BLVD # 105
3515 PLYMOUTH BLVD # 106
3525 PLYMOUTH BLVD # 107
3525 PLYMOUTH BLVD # 108
3525 PLYMOUTH BLVD # 109
3535 PLYMOUTH BLVD # 110
3535 PLYMOUTH BLVD # 111
LYNDMILA V GITTSOVICH
3545 BLVD # 113
3545 PLYMOUTH BLVD # 114
3545 PLYMOUTH BLVD # 115
3555 PLYMOUTH BLVD # 117
3555 PLYMOUTH BLVD # 117
3555 PLYMOUTH BLVD # 118
15600 35TH AVE N # 201
15600 35TH AVE N # 202
15600 35TH AVE N # 203
3515 PLYMOUTH BLVD # 204
THEODORE ANSUSINHA
3515 PLYMOUTH BLVD # 206
3525 PLYMOUTH BLVD # 107
3525 PLYMOUTH BLVD # 208
3525 PLYMOUTH BLVD # 109
QUAZAR CAPITAL CORP
3535 PLYMOUTH BLVD # 211
3535 PLYMOUTH BLVD # 212
BARBARA A CAVANAUGH
3545 PLYMOUTH BLVD # 214
275 LAKEVIEW RD
ATTN ELLIE ADELMAN
3555 PLYMOUTH BLVD # 218
CSz
3030 CO RD 101 N
3030 CO RD 101 N
3030 CO RD 101 N
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
3535 PLYMOUTH BLVD# 112
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
3515 PLYMOUTH BLVD # 205
PLYMOUTH, MN 55447
PLYMOUTH, MN
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
ATTN BRUCE BEHM
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
3220 NIAGARA LN N
PLYMOUTH, MN 55447
WAYZATA, MN 55391
3555 PLYMOUTH BLVD # 216
PLYMOUTH, MN 55447
CSZ1
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
CSZ2
Recommended Assessments
3535 PLYMOUTH BLVD # 210 PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
PLYMOUTH, MN 55447
Assessment
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86.
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
511.86
17,915.10
Assessment Public Hearing
15 Year Term
PID Name
16-118-22-33-0004 HENNEPIN COUNTY
16-118-22-33-0012 QUEST DEVELOPMENT INC
16-118-22-33-0013 PLYMOUTH PLAZA I LLC
21-118-22-22-0015 CUBFOODS
0
SU
U0
M
L61-
36th Avenue Street Reconstruction Project
CP 8104
Address CSz Assessment
417 5TH ST N # 320 MINNEAPOLIS, MN 55401 $43,659.65
10700 OLD CO RD 15 # 150 PLYMOUTH, MN 55441 $20,143.96
10700 OLD COUNTY ROAD 15 # 150 PLYMOUTH, MN 55441 $23,515.70
3550 VICKSBURG LN N PLYMOUTH MN 55447 $69,765.53
157,084.84
Recommended Assessments
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ADOPTING ASSESSMENTS
36 TH AVENUE STREET RECONSTRUCTION PROJECT
ASSESSMENTS UP TO $5,000
CITY PROJECT No. 8104
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement
of 36th Avenue from Vicksburg Lane to Plymouth Boulevard by reconstruction of streets with
the installation of bituminous pavement, concrete sidewalk and curb and gutter installation
and repair, storm sewer repair, watermain and sanitary sewer improvements, and all necessary
appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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, 2010, and shall bear the interest rate of 3.24% per annum for a 5 year assessment
period 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, 2010. 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 of Plymouth Finance
Department, except that no interest shall be charged if the entire assessment was paid
within 30 days from the adoption of this resolution; and he may at any time there after,
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 by November 27 or interest will be
charged through December 31 of the next succeeding year. The owner of any property so
assessed may also, within 30 days from the adoption of the resolution, make a partial
payment of a least $100 to the City of Plymouth Finance Department. The remaining
unpaid balance will be certified as the new assessment amount. The owner may also at
any time prior to November 15, of any year, pay the remaining unpaid principal balance
with interest accrued to December 31 of the year in which such prepayment is made.
Page 6
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Finance Director to be extended on the property tax lists of the County. 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 $17,915.10
Approved this 27 th
day of October, 2009
Page 7
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
ADOPTING ASSESSMENTS
36 TH AVENUE STREET RECONSTRUCTION PROJECT
ASSESSMENTS $10,001 AND HIGHER
CITY PROJECT No. 8104
WHEREAS, pursuant to proper notice duly given as required by law, the Council has
met and heard and passed upon all objections to the proposed assessment for the improvement
of 36th Avenue from Vicksburg Lane to Plymouth Boulevard by reconstruction of streets with
the installation of bituminous pavement, concrete sidewalk and curb and gutter installation
and repair, storm sewer repair, watermain and sanitary sewer improvements, and all necessary
appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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 15 years, the first of the installments to be payable on or before the first
Monday in January, 2010, and shall bear the interest rate of 5. 11 % per annurn for a
15 year assessment period 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, 2010. 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 of Plymouth
Finance Department, except that no interest shall be charged if the entire
assessment was paid within 30 days from the adoption of this resolution; and he
may at any time there after, 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 by November 27 or interest will be charged through December 31 of the
next succeeding year. The owner of any property so assessed may also, within 30
days from the adoption of the resolution, make a partial payment of a least $ 100 to
the City of Plymouth Finance Department. The remaining unpaid balance will be
certified as the new assessment amount. The owner may also at any time prior to
Page 8
November 15, of any year, pay the remaining unpaid principal balance with
interest accrued to December 31 of the year in which such prepayment is made.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the
County Finance Director to be extended on the property tax lists of the County.
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 $157,084.84
Approved this 27t" day of October, 2009
Page 9
rp)I
aty of Agenda 8.1PymouthNumber:
lddm, Q.81, to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Diane Evans, Superintendent of Recreation
October 27, 2009 Reviewed by: Eric Blank, Director of Parks & Recreation
Item: Land Acquisition for the Northwest Greenway
1. ACTION REQUESTED:
Approve the attached resolution authorizing the acquisition of 9.8 acres of property from
Craig Scherber, located at Dunkirk Lane (PIN # 05-118-22-42-0002) for the price of
1,390,000. Funding for this project will initially come from Park Dedication Funds, with the
expectation that this fund will be reimbursed when open space bonds are sold in the first
quarter of 2010.
2. BACKGROUND:
This property is located with frontage along the east side of Dunkirk Lane and a quarter mile
south of County Road 47 as depicted on the attached graphic. The 9.8 acre site is heavily
wooded on the northern edge (approximately 1/3 of site), and the remaining property to the
south slopes gently and appears to have been farmed.
We are asking for Council authorization to approve the purchase agreement. The purchase
agreement was prepared by the City Attorney's office and has been signed by Craig
Scherber.
3. BUDGET IMPACT:
The purchase agreement is in the amount of $1,390,000 which equates to just under $142,000
per acre. Open Space Bonds will be utilized for the purchase of this property.
4. ATTACHMENTS:
Vacant Land Purchase Agreement
Arial photographs
Resolution
Page 1
VACANT LAND PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on the day of 520095by
and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, 3400 Plymouth
Boulevard, Plymouth, Minnesota, 55447("Buyer"), and SCHERBER COMPANIES, LLC, a
Minnesota limited liability company, 11415 Valley Drive, Rogers, NIN 55374 ("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, legally described as provided in
Exhibit A attached hereto and made apart hereof ("Subject Property").
3. PRICE AND TERMS. The price for the Subject Property included under this Purchase
Agreement is One Million Three Hundred Ninety Thousand and 00/100 Dollars ($1,3 90,000. 00),
which Buyer shall pay in cash on the Closing Date.
4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver
a Limited Warranty Deed, conveying good and marketable title of record, subject to:
A. Building and zoning laws, ordinances, state and federal regulations;
B. The lien of real property taxes and the lien of special assessments and interest due thereon, if
any, -payable in the year of closing which by the terms of this Purchase Agreement are to be
paid or assumed by the Buyer.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Prior Years' Delinquent Real Estate Taxes and Delinquent 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 PLayable in the Year of Closing. Real estate taxes payable in the year of
Closing shall be prorated between Seller and Buyer on a calendar year basis to the Date of
Closing. Buyer shall assume installments not paid at Closing. Seller shall pay penalty,
interest and costs on any delinquent installment of taxes and special assessments payable by
Seller in the year of Closing.
C. Certified Special Assessments. All installments of special assessments certified for payment
with the real estate taxes payable 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 as of the date of this Purchase Agreement.
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6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES.
Seller warrants that there has been no labor or material furnished to the Subject Property for Seller
for which payment has not been made.
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 perform 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.
8. POSSESSION. Seller shall deliver possession of the Subject Property not later than the actual
date of closing.
9. TITLE INSURANCE. 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 title 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.
A. If notice is given and Seller makes title marketable, then upon presentation to Buyer
and proposed lender of documentation establishing that title has been made
marketable, and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled closing date, whichever is later.
B. If notice is given and Seller proceeds in good faith to make title marketable but the
120 days period expires without title being made marketable, Buyer may declare this
Purchase Agreement null and void by notice to Seller, neither party shall be liable for
damages hereunder to the other, and earnest money shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable, or if notice is
given but the 120 day period expires without title being made marketable due to
Seller's failure to proceed in good faith, Buyer may
a) Undertake proceedings to correct the objections to title; or
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2
Page
b) Rescind this Purchase Agreement by notice as provided herein, in
which case the Purchase Agreement shall be null and void and all
earnest money paid shall be refunded to Buyer.
D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in
any of the agreements herein, Seller's sole remedy is to cancel this contract as
provided by statute and retain all payments made hereunder as liquidated damages.
E. If title is marketable, or is made marketable as provided herein, and Seller defaults
in any of the agreements herein, Buyer's exclusive remedy is rescission of this
Purchase Agreement by notice as provided herein.
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 perform this
Agreement according to its terms. This Agreement shall be null and void at the option of Buyer,
if no such notice is given or if notice is given but title is not corrected within the time provided.
Neither party shall be liable for damages hereunder to the other and the earnest money, if any,
shall be refunded by Seller. Buyer and Seller agree to sign a cancellation of this Agreement.
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 thefollowing: ]
XX Seller certifies that Seller does not know of any wells on the Subject Property.
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 thefollowing: ]
XX S ffler certifies that Seller does not know of any individual on-site sewage treatment
systems on the Subject Property.
Individual on-site sewage treatment systems on the Subj ect Property are disclosed by Seller
on the attached Disclosure form.
15. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES.
A. Seller, as part of the consideration therefore, represents warrants, and covenants with
Buyer and its successors and assigns that:
1. to Seller's knowledge, 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
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Page 4 Zlp!
5
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 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 means any substance,
whether waste, liquid, gaseous or solid matter that is or is deemed to be
hazardous, hazardous waste, toxic, pollutant, a deleterious substance, a
contaminant or a source of pollution or contamination under any applicable
environinental law.
2. Seller has the present fall authority and power to execute this Agreement and to close
the sale of the Subject Property.
3. That Seller has not received notice of (a) any actual or pending litigation or proceeding
by any organization, person, individual or governmental agency against Seller with
respect to the Property or against the Property, (b) any violation of the Property's
compliance with applicable fire safety laws, building code ordinances, zoning ordinances
or any similar statutes, ordinances, laws, rules or regulations, (c) any condition, defect or
inadequacy which, if not corrected, would result in the termination of, or increase in the
cost of, insurance coverage, (d) any proceedings which could cause the change,
redefinition or other modification of the zoning classifications or of other legal
requirements applicable to. the Property or any part thereof, or (e) any pending or
threatened condemnation proceeding that would affect the 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.-]
XX 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.
Seller represents that the property does not have any American Indian burial
grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or
144677v5
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El
Page 5 CA?
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. 116-M, 117-M,or 118-M] Affidavit of Seller.
17. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this
Agreement shall occur at a location designated by ' Buyer, and shall occur within 20 days after the
removal of the contingencies set forth in Section 20 of this Agreement ("Closing Date"). Unless
otherwise agreed by the parties in writing, in the event that any of the contingencies identified under
20 is not satisfied prior to December 10, 2009, this Agreement shall be null and void and of no
farther 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.
18. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the
Closing Documents"):
1) Limited Warranty Deed. A Limited 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 there under, 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 is materially the same as were in existence on the date of this Agreement or
noting any changes thereto; and
144677v5 5
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Page 6
7) Other Documents. All other documents reasonably determined by either party or
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.
19. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as
follows:
A. Buyer shall pay:
1) Recording fee for the Limited Warranty Deed;
2) One-half of the closing fee charged by the Title Company; and
3) The premium for owner's title insurance, including survey coverage.
B. Seller shall pay:
1) All costs of obtaining a title insurance commitment;
2) State deed tax;
3) One-half of the closing fee charged by the Title Company; and
4) Conservation fee attributable to the Limited Warranty Deed
20. ADDITIONAL TERMS.
A. Baer's Contingencies. Buyer's obligations under this Agreement are contingent upon the
following ("Buyer's Contingencies") expressly contingent upon Buyer's satisfaction with
each of the following prior to Closing:
1) The representations and warranfies of Seller set forth in this Agreement must be true
as of the date of this Agreement and on the Closing Date, and Seller shall have delivered
to Buyers at Closing a certificate dated the Closing Date, signed by Seller, certifying that
such representations and warranties are true as of the Closing Date.
2) Buyer determining on or before the Closing Date, that it is satisfied, in its sole
discretion, with the results of matters disclosed by a Phase I Environinental Audit or by
any envirom-nental/engineering investigation or testing of the Subject Property performed
by Buyer or Buyer's agent. By executing this Agreement, Seller hereby authorizes 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.
3) Buyer securing the necessary bond financing for the purchase of the Property.
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Page 7 015
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.
I agree to buy the Subject Property for the price and terms and conditions set forth above.
BUYER:
CITY OF PLYMOUTH
0
And:
Dated: 2009
Scherber Companies, LLC agrees to sell the Subject Property for the price and terms and
conditions set forth above.
SELLER:
SCHERBER COMPANIES, LLC
BY:
ITS:
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Dated: / f, - -a, A 2009
Page 8
6A 5
EXHIBIT A
SUBJECT PROPERTY:
The North 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 5, Township 118, Range 22,
Hennepin County.
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A 5
Hennepin County Property Map Print Page I of I
Hennepin County Property Map - Tax Year: 2009
The data contained an this page is derived from a compilation of records and maps and may contain discrepancies that ciin only be disclosed by an accurate su"ey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are dppmximates and may contain d1screpancie,s. The information on this page should be used for refemnce purposes only.
Hennepin County does not gua rantee the accuracy of material hemin contained and Is not responsible for any misuse or misrepresentation of this information or its clerb,atives.
IF -715)
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SPA
PL
10/20/2009
CITY OF PLYMOUTH
RESOLUTION No. 2009 -
A RESOLUTION FOR AcQuISITION OF
PROPERTY FOR THE NORTHWEST GREENWAY
WHEREAS, the Director of Parks and Recreation has negotiated a purchase of 9.8 acres
of property at located at Dunkirk Lane (PIN # 05-118-22-42-0002); and
WHEREAS, the purchase price has been agreed to at $1,390,000; and
WHEREAS, the City Attorney's office has developed a purchase agreement which has
been signed by Craig Scherber for the sale of property at Dunkirk Lane (PIN # 05-118-22-42-
0002);
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA ' that the purchase agreement in the amount of
1,390,000 is hereby approved; and further, that the Mayor and City Manager are authorized to
sign said purchase agreement; and further, that the funding for this project will come from Park
Dedication Funds, but it is anticipated that in the future, the cost of this project will be rolled into
a future bond sale for open space property.
APPROVED THIs 27TH DAY OF OCTOBER, 2009.
Page 12
rp)City of Agenda 8.2PlymouthNumber:
Addi,S Qwfity to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Jodi Bursheirn, Finance Manager
October 27, 2009 Reviewed by: Cal Portner, Administrative Services Director
Item: Award Sale of General Obligation Refunding Bonds, Series
2009A and 2009B, Refunding Series 1998A and 1998C
1. ACTION REQUESTED:
Adopt a resolution awarding the sale of $2,545,000 General Obligation Tax Increment
Refunding Bonds and $1,515,000 General Obligation Refunding Bonds.
2. BACKGROUND:
The City's financial advisor, Ehlers & Associates Inc, periodically provides updates on potential
refunding opportunities. It was determined that with historically low interest rates, substantial
savings would result by selling refunding bonds and paying off two existing bond issues.
On October 13, 2009, Council authorized Ehlers & Associates Inc. to move forward with the
solicitation of bids and adopted a resolution calling for the sale of $2,545,000 General
Obligation Tax Increment Refunding Bonds and $1,515,000 General Obligation Refunding
Bonds.
Bid opening will occur at 1:00 p.m., on October 27, 2009. The award of the bids is scheduled to
occur at the regular council meeting that evening.
Moody's Investors Service has rated the bonds and reaffirimed our Aaa rating. Actual bid data
will need to be inserted into the attached resolution following the bid opening on October 27,
2009. Depending on the bids received at bid opening, slight modifications to the par amounts
may be required as well.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Resolution
Page 1
CERTIFICATION OF MINUTES RELATING TO
GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009A
Issuer: City of Plymouth, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on October 27, 2009, at 7:00
p.m., at the City offices, in Plymouth, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENTOF$ GENERAL OBLIGATION TAX
INCREMENT REFUNDING BONDS, SERIES 2009A
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above, pursuant to call and notice of such
meeting given as required by law.
WITNESS my hand officially as such recording officer this day of October, 2009.
City Manager
Page 2
It was reported that proposals for the purchase of $ General
Obligation Tax Increment Reftinding Bonds, Series 2009A, were received prior to 1:00 p.m.,
Central time, pursuant to the Official Statement distributed to potential purchasers of the Bonds
by Ehlers & Associates, Inc., financial advisor to the City. The proposals have been publicly
opened, read and tabulated and were found to be as follows:
See Attached
2
Page 3
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENTOF$ GENERAL OBLIGATION TAX INCREMENT
REFUNDING BONDS, SERIES 2009A
BE IT RESOLVED by the City Council (the Council) of the City of Plymouth,
Minnesota (the City), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. It is hereby determined to be in the best interests of the City to
issue and sell its General Obligation Tax Increment Refunding Bonds, Series 2009A in the
aggregate principal amount of $ (the Bonds), pursuant to Minnesota Statutes
Chapters 429, 469 and 475, the proceeds of which will be used to refund on February 1, 20 10
the Redemption Date) the 2011 through 2023 maturities, aggregating $2,480,000 in principal
amount, of the City's $2,900,000 General Obligation Tax Increment Bonds, Series 1998A, dated
as of October 1, 1998 (the Refunded Bonds) issued to finance site improvements within Tax
Increment Financing District No. 7-5A of the City (the District). The City believes a substantial
debt service savings can be achieved by the issuance and sale of the Bonds.
1.02. Sale. The City has retained Ehlers & Associates, Inc., as independent financial
advisor in connection with the sale of the Bonds. Pursuant to Minnesota Statutes, Section
475.60, subdivision 2, paragraph (9), the requirements as to public sale do not apply to the
issuance of the Bonds. Pursuant to the Official Statement, scaled proposals for the purchase of
the Bonds were received at or before the time specified for receipt of proposals. The proposals
have been opened and 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 . in
the "Purchaser"), to purchase the
Bonds at a price of $ plus accrued interest, if any, to the date of issuance
and delivery.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor
and City Manager are hereby authorized and directed to execute a contract on behalf of the City
for the sale of the Bonds in accordance with the terms of the proposal. The good faith deposit of
the Purchaser shall be retained and deposited by the City until the Bonds have been delivered,
and shall be deducted from the purchase price paid at settlement.
SECTION 2. BOND TERMS; REGISTRATION, EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
Page 4
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of November 24, 2009, shall be in the denomination of $5,000 each, or any
integral multiple thereof, of single maturities, shall mature on February I in the years and
amounts stated below, and shall bear interest from date of issue until paid at the annual rates set
forth opposite such years and amounts, as follows:
Year
2011 $
2012
2013
2014
2015
2016
2017
Amount Rate Year Amount Rate
2018 %
2019
2020
2021
2022
2023
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 2.08 hereof, principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest PaMent Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on February I and August I in each year, commencing
August 1, 20 10, 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.
2.04. Redemptio . Bonds maturing in 2019 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 securities depository in accordance with its customary procedures) in
multiples of $5,000, on February 1, 2018, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Manager shall
2
Page 5
cause notice of the call for redemption thereof to be published as required by law, and at least 30
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 2.06 hereof. 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.
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 2.04 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 I in each of the following years the
following stated principal amounts of such Bonds:
The remaining $
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
Term Bonds Maturing February 1, 20
Year Principal Amount
stated principal amount of such Bonds shall be paid at
Notice of redemption shall be given in accordance with the preceding paragraph.]
Page 6
2.05. Appointment of Initial Registr . The City hereby appoints the City Finance
Director, Plymouth, Minnesota, as the initial bond registrar, transfer agent and paying agent (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.
2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
a) Registe . The Registrar shall keep at its principal office a 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 registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an
attorney duly authorized by the registered owner 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. Whenever any Bonds are surrendered by the registered
owner for exchange the Registrar shall authenticate and deliver one or more new Bonds
of a like aggregate principal amount and maturity, as requested by the registered owner or
the owner's attorney in writing.
d) Cancellation. All Bonds surrendered for payment, 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
Page 7
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 Bond to the extent of the
sum or sums so paid.
g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, 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
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, it shall not
be necessary to issue a new Bond prior to payment.
i) Authenticating Age . 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.
2.07. Execution, Authentication and Delive . 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 the Bonds shall cease to be such officer before the delivery of
any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if he had remained in office until delivery. 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 has been duly 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
5
Page 8
certificate of authentication on each Bond shall be conclusive evidence that it has been
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.
2.08. 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.
Representation Letter" shall mean the Representation Letter pursuant to which the City
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, 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
on
Page 9
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 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 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.
2.09. Forrn of Bonds. The Bonds shall be prepared in substantially the following form:
7
Page 10
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF PLYMOUTH
GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2009A
Interest Rate Maturi1y Date Date of Original Issue CUSIP No.
February 1, 20 November 24, 2009
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF PLYMOUTH, STATE OF MINNESOTA (the City), acknowledges itself
to be indebted and hereby promises to pay to the registered owner named above, or registered
assigns, the principal amount specified above on the maturity date specified above, with interest
thereon from the date hereof at the annual rate specified above, payable on February I and
August 1 in each year, commencing August 1, 2010, 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
immediately preceding month. 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 immediately preceding the Interest
Payment Date, all subject to the provisions referred to herein with respect to the redemption of
the principal of this Bond before maturity. 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, Plymouth, Minnesota, as bond registrar, transfer agent and paying agent, or its
successor designated under the Resolution described herein (the Registrar), or its designated
successor under the Resolution described herein. 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.
This Bond is one of an issue (the Bonds) in the aggregate principal amount of
issued pursuant to a resolution adopted by the City Council on October 27,
2009 (the Resolution) to refund certain outstanding general obligation tax increment bonds of the
City issued to finance site improvements within Tax Increment Financing District No. 7-5A of
the City (the District) and is issued pursuant to and in full conformity with the Constitution and
laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429,
469 and 475. The Bonds are issuable only in fully registered form, in denominations of $5,000
or any integral multiple thereof, of single maturities.
N.
Page 11
Bonds maturing in 2019 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 securities
depository in accordance with its customary procedures) in multiples of $5,000, on February 1,
2018, and on any date thereafter, at a price equal to the principal amount thereof and accrued
interest to the date of redemption. The City Manager shall cause notice of the call for
redemption thereof to be published as required by law, and at least 30 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. 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.
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 "Tenn Bonds") shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
paragraph 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 I in each of the following years the following
stated principal amounts of such Bonds:
The remaining $
maturity on February 1, 20
Term Bonds Maturiniz 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
I
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The remaining $ stated principal amount of such Bonds shall be paid at
maturity on February I 20—.
Notice of redemption shall be given in accordance with 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.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
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.
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.
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 preliminary 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 Tax Increment Refunding Bonds, Series 2009A Bond Fund
and has appropriated thereto ad valorem tax increments to be derived from the District, which tax
increments are estimated to be receivable in years and in amounts sufficient to produce sums not
less than five percent in excess of the principal of and interest on the Bonds when due, and has
appropriated tax increments to its Bond Fund for the payment of such principal and interest; that
if necessary for the payment of such principal and interest when due, 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 does not cause the indebtedness of the City to exceed
any constitutional or statutory limitation of indebtedness.
10
Page 13
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, State of 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.
CITY OF PLYMOUTH, MINNESOTA
facsimile signature — Ci!yNqnager) (facsimile signature - Mqyor)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
CITY FINANCE DIRECTOR,
PLYMOUTH, MINNESOTA, as Registrar
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
I I
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 bond form]
SECTION 3. USE OF PROCEEDS. Upon payment for the Bonds by the Purchaser, Bond
proceeds shall be used as follows: (a) $ — shall be deposited in the sinking fund
established for the Refunded Bonds to be applied to their redemption and prepayment on
February 1, 2010, (b) $ shall be applied to pay costs of issuance and (c)
shall be deposited in the Bond Fund created pursuant to Section 4 hereof.
SECTION 4. GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES
2009A BOND FUND. The Bonds shall be payable from a separate and special General
Obligation Tax Increment Refunding Bonds, Series 2009A Bond Fund (the Bond Fund) of the
City, which the City agrees to maintain until the Bonds have been paid in full. If the money in
the Bond Fund should at any time be insufficient to pay principal and interest due on the Bonds,
such amounts shall be paid from other moneys on hand in other funds of the City, which other
funds shall be reimbursed therefor when sufficient money becomes available in the Bond Fund.
The moneys on hand in the Bond Fund from time to time shall be used only to pay the principal
of and interest on the Bonds. Into the Bond Fund shall be paid: (a) the amounts specified in
Section 3; (b) all excess amounts on deposit in the debt service funds maintained for the payment
of the Refunded Bonds upon the retirement of the Refunded Bonds on the Redemption Date; (c)
ad valorem tax increments derived from the District to the extent determined by the Council to
be necessary, in addition to other funds appropriated to the Bond Fund, to pay principal and
interest on the Bonds when due; (d) ad valorem taxes collected in accordance with the provisions
12
Page 15
of Section 5 hereof-, and (e) any other funds appropriated by the Council for the payment of the
Bonds.
SECTION 5. 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. It is
hereby estimated that the tax increments and other funds appropriated to the Bond Fund as set
forth in Section 4 hereof will produce amounts not less than five percent in excess of the
amounts needed to meet when due the principal and interest Payments on the Bonds, and
therefore no ad valorem taxes are required to be levied at this time. Nevertheless, if the 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 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 of statutory limitation.
SECTION 6. DEBT SERVICE FUND BALANCE RESTRICTION. In order to ensure
compliance with the Code, and applicable Treasury Regulations (the Regulations), upon
allocation of any funds to the Bond Fund, the balance then on hand in the Fund shall be
ascertained. If it exceeds the amount of principal and interest on the Bonds to become due and
payable through February I next following, plus a reasonable carryover equal to 1/12th of the
debt service due in the following bond year, the excess shall (unless an opinion is otherwise
received from bond counsel) be used to prepay or purchase Bonds, or invested at a yield which
does not exceed the yield on the Bonds calculated in accordance with Section 148 of the Code.
SECTION 7. 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 registered
owners 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 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 a bank or trust company qualified by law as an escrow agent for this purpose, cash or
securities which are authorized by law to be so deposited, bearing interest payable at such time
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.
SECTION 8. CERTIFICATION OF PROCEEDINGS.
8.01. Reizistration 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 have been duly entered upon the Auditor's bond register.
13
Page 16
8.02. Authentication of Transcrip . The officers of the City and the County Auditor are
hereby authorized and directed to prepare and ftimish 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.
8.03. Official Statement. The Preliminary Official Statement relating to the Bonds,
dated 2009, relating to the Bonds prepared and distributed by Ehlers &
Associates, Inc., the financial advisor for the City, is hereby approved. Ehlers & Associates,
Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within
seven business days from the date hereof, a supplement to the 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 Securities and Exchange Commission (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.
8.04. Authorization of PUment 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 Bank of America, N.A., on the closing date for further distribution as
directed by the City's financial advisor, Ehlers & Associates, Inc.
SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS; REIMBURSEMENT
AND CONTINUING DISCLOSURE.
9.01. General Tax Covenant. The City covenants and agrees with the registered owners
of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any actions that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended (the Code) and applicable
Treasury Regulations (the Regulations), and covenants to take any and all actions within its
powers to ensure that the interest on the Bonds will not become includable in gross income of the
recipient under the Code and the Regulations. It is hereby certified that the proceeds of the
Refunded Bonds (or bonds refunded thereby) were used for the acquisition and betterment of
municipal infrastructure improvements owned and maintained by the City and available for use
by members of the general public on substantially equal terms, and the City covenants and agrees
that, so long as the Bonds are outstanding, the City shall not enter into any lease, management
agreement, use agreement or other contract with any nongovernmental entity relating to the
improvements so refinanced which would cause the Bonds to be considered "private activity
bonds" or "private loan bonds" pursuant to Section 141 of the Code.
14
Page 17
9.02. 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
Section 148 of the Code, and applicable 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.
9.03. 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, 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.
9.04. Qualified Tax-Exelnpt Obligations. In order to enhance the marketability of the
Bonds and since the City and all subordinate entities do not reasonably expect to issue in excess
of $30,000,000 of tax-exempt governmental bonds during calendar year 2009, the Bonds are
hereby designated by the City as "qualified tax-exempt obligations" pursuant to Section 265(b)
of the Code.
9.05. Continuing Disclosure. (a) Ppi pose 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. 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
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Bond, any person or entity which (a) 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 (b) 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, 2009, 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, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified 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, which information may be
unaudited.
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 Infort-nation 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 submitted
to each of the repositories hereinafter referred to under subsection (c) or the SEC. If the
document incorporated by reference is a final official statement, it must be available from 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
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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, that 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 a Material Fact (as defined 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, notice of the occurrence of any of the following events which is
a Material Fact (as hereinafter defined):
A) Principal and interest payment delinquencies;
B) Non-payment related defaults;
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 or events affecting the tax-exempt status of the security;
G) Modifications to rights of security holders;
H) Bond calls;
1) Defeasances;
J) Release, substitution, or sale of property securing repayment of the securities;
and
K) Rating changes.
As used herein, a Material Fact is a fact 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. Notwithstanding the foregoing sentence, a Material Fact is also 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.
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 Infonnation required under
paragraph (b)(1) at the time specified thereunder;
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Page 20
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. The City agrees to make available the information described in
subsection (b) to the following entities by telecopy, overnight delivery, mail or other means, as
appropriate:
1) the information described in paragraphs (1), (2) and (3) of subsection (b), to the
MSRB through EMMA;
2) the information described in subsection (b), to any rating agency then maintaining a
rating of the Bonds at the request of the City and, at the expense of such Bondowner,
to any Bondowner who requests in writing such information, at the time of
transmission under paragraph (1) of this subsection, or, if such information is
transmitted with a subsequent time of release, at the time such information is to be
released;
3) all documents provided to the MSRB shall be accompanied by identifying
information as prescribed by the MSRB.
d) Term; Amendments; Inteipretation.
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 Board 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
Page 21
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 Infort-nation 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 10. REFUNDED BONDS CALL. The City Finance Director, as registrar for
the Refunded Bonds, is hereby directed to call the Refunded Bonds for redemption and
prepayment on February 1, 2010, and to give notice of redemption, substantially in the form
attached hereto, all in accordance with the provisions of the resolution authorizing the issuance
of the Refunded Bonds.
Upon vote being take thereon, the following voted in favor thereof -
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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COUNTY AUDITOR'S CERTIFICATE AS TO REGISTRATION
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 October 27, 2009, by the City Council of the City of Plymouth,
Minnesota, setting forth the form and details of an issue of $ General Obligation Tax
Increment Refunding Bonds, Series 2009A, dated as of November 24, 2009.
I further certify that the issue has been entered on my bond register and filed as required
by Minnesota Statutes, Sections 475.62 through 475.63.
WITNESS my hand officially this _ day of 2009.
County Auditor
SEAL)
Page 23
NOTICE OF REDEMPTION
2,900,000 General Obligation Tax Increment Bonds, Series 1998A
Dated October 1, 1998
City of Plymouth, Minnesota
NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on February 1, 20 10,
all outstanding Bonds of the above referenced issue, maturing on February 1 in the following years and having the
interest rates and CUSIP numbers listed below:
Year Amount Interest Rate CUSIP Number*
2011 95,000 4.20%
2012 110,000 4.25
2013 120,000 4.30
2014 135,000 4.35
2015 150,000 4.40
2016 165,000 4.45
2019 605,000 4.55
2023 1,100,000 4.65
The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of
redemption. Holders of the Bonds should present them for payment, on or before said date, on which date they will
cease to bear interest, to the following Paying Agent:
Finance Director
City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
763) 509-5060
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal
backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment
by the redeeming institutions if they are not provided with your social security number or federal employer
identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be
obtained at a bank or other financial institution.
The Paying Agent shall not be responsible for the selection of or use of the CUSIP number, nor is any representation
made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the
Holders.
Additional infori-nation may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Pointe
Drive, Roseville, Minnesota 55113 (651-697-8500), financial advisor to the City.
Dated: October 27, 2009. BY ORDER OF THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA
s/ Jodi Bursheim
City Finance Director
Page 24
CERTIFICATION OF MINUTES RELATING TO
GENERAL OBLIGATION ACTIVITY CENTER AND FIELD HOUSE REFUNDING
BONDS, SERIES 2009B
City: City of Plymouth, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held October 27, 2009, at
7:00o'clock P.M., at the City offices.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR
THE PAYMENT OF $ GENERAL OBLIGATION
ACTIVITY CENTER AND FIELD HOUSE REFUNDING BONDS,
SERIES 2009B
1, the undersigned, being the duly qualified and acting recording officer of the
public corporation issuing the bonds referred to in the title of this certificate, certify that
the documents attached hereto, as described above, have been carefully compared with
the original records of said corporation in my legal custody, from which they have been
transcribed; that said documents are a correct and complete transcript of the minutes of a
meeting of the governing body of said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents approved by the governing body
at said meeting, so far as they relate to said bonds; and that said meeting was duly held
by the governing body at the time and place and was attended throughout by the members
indicated above, pursuant to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer on 2009.
City Manager
Page 25
It was reported that proposals for the purchase of $
General Obligation Activity Center and Field House Refunding Bonds, Series 2009B,
were received prior to 1:00 p.m., Central time, pursuant to the Official Statement
distributed to potential purchasers of the Bonds by Ehlers & Associates, Inc., financial
advisor to the City. The proposals have been publicly opened, read and tabulated and
were found to be as follows:
See Attached
Page 26
Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING
SALE, PRESCRIBING THE FORM AND DETAILS AND
PROVIDING FOR THE PAYMENT OF $
GENERAL OBLIGATION ACTIVITY CENTER AND
FIELD HOUSE REFUNDING BONDS, SERIES 2009B
BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the
City"), as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. It is hereby determined to be in the best interests of the City
to issue and sell its General Obligation Activity Center and Field House Refunding
Bonds, Series 2009B, in the aggregate principal amount of $ (the
Bonds"), pursuant to Minnesota Statutes Chapter 475, the proceeds of which will be
used to refund on February 1, 2010 (the "Redemption Date") the 2011 through 2014
maturities, aggregating $1,470,000 in principal amount, of the City's $4,500,000 General
Obligation Activity Center and Field House Bonds, Series 1998C, dated as of December
1, 1998 (the "Refunded Bonds"). The Refunded Bonds were issued to finance the
construction, equipping and ftimishing of a building to be used as an activity center, field
house and for other public purposes, as approved by electors at a special election duly
called and held on May 19, 1998. The City believes a substantial debt service savings
can be achieved by the issuance and sale of the Bonds.
1.02. Sale. The City has retained Ehlers & Associates, Inc., as independent
financial advisor in connection with the sale of the Bonds. Pursuant to Minnesota
Statutes, Section 475.60, subdivision 2, paragraph (9), the requirements as to public sale
do not apply to the issuance of the Bonds. Pursuant to the Official Statement, 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 and 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
in
the "Purchaser"), to purchase
the Bonds at a price of $ plus accrued interest, if any, to the date of
issuance and delivery.
1.03. Award. The sale of the Bonds is hereby awarded to the Purchaser, and the
Mayor and City Manager are hereby authorized and directed to execute a contract on
behalf of the City for the sale of the Bonds in accordance with the ternis of the proposal.
The good faith deposit of the Purchaser shall be retained and deposited by the City until
Page 27
the Bonds have been delivered, and shall be deducted from the purchase price paid at
settlement.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by
the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to
be performed precedent to and in the valid issuance of the Bonds having been done, now
existing, having happened and having been performed, it is now necessary for the City
Council to establish the fonn and terms of the Bonds, to provide security therefor and to
issue the Bonds forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of November 24, 2009, shall be in the denomination of $5,000 each,
or any integral multiple thereof, of single maturities, shall mature on February I in the
years and amounts stated below, and shall bear interest from date of issue until paid at the
annual rates set forth opposite such years and amounts, as follows:
Year Amouiit Rate Year Amount Rate
2011 % 2013 %
2012 2014
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 2.08 hereof, principal and interest shall be payable in accordance with the
operational arrangements of the securities depository.
2.03. Dates and Interest PqMent Dates. Upon initial delivery of the Bonds
pursuant to Section 2.07 and upon any subsequent transfer or exchange pursuant to
Section 2.06, the date of authentication shall be noted on each Bond so delivered,
exchanged or transferred. Interest on the Bonds shall be payable on February I and
August I in each year, commencing August 1, 2010, 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.
2.04. Redemption. The Bonds shall not be subject to optional redemption prior
to their stated maturity dates.
2.05. Appointment of Initial Registr . The City hereby appoints the City
Finance Director, Plymouth, Minnesota, as the initial bond registrar, transfer agent and
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Page 28
paying agent (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.
2.06. Registration. The effect of registration and the rights and duties of the City
and the Registrar with respect thereto shall be as follows:
a) Registe . The Registrar shall keep at its principal office a 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 registered owner thereof or accompanied by a written instrument
of transfer, in form satisfactory to the Registrar, duly executed by the registered
owner thereof or by an attorney duly authorized by the registered owner 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. Whenever any Bonds are surrendered by the
registered owner for exchange the Registrar shall authenticate and deliver one or
more new Bonds of a like aggregate principal amount and maturity, as requested
by the registered owner or the owner's attorney in writing.
d) Cancellation. All Bonds surrendered for payment, 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
Page 29
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 Bond to the extent of the sum or sums so paid.
g) Taxes, Fees and Charges. For every transfer or exchange of Bonds,
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 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, it
shall not be necessary to issue a new Bond prior to payment.
i) Authenticating Age . 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.
2.07. Execution, Authentication and Delive . 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 the Bonds shall cease to be
such officer before the delivery of any Bond, such signature or facsimile shall
nevertheless be valid and sufficient for all purposes, the same as if he had remained in
office until delivery. 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 has been duly 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 each Bond shall be conclusive evidence that it
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Page 30
has been 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.
2.08. Securities DepokLory. (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.
Representation Letter" shall mean the Representation Letter pursuant to which
the City 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, 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
7
Page 31
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 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 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.
form:
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF PLYMOUTH
GENERAL OBLIGATION ACTIVITY CENTER AND FIELD HOUSE REFUNDING
BOND, SERIES 2009B
Interest Rate Maturity Date Date of Original Issue CUSIP NO.
February 1, 20_ November 24, 2009
Page 32
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF PLYMOUTH, STATE OF MINNESOTA (the "City"),
acknowledges itself to be indebted and hereby promises to pay to the registered owner
named above, or registered assigns, the principal amount specified above on the maturity
date specified above, with interest thereon from the date hereof at the annual rate
specified above, payable on February I and August I in each year, commencing August
1, 2010, 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 immediately preceding month.
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 immediately preceding the 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, Plymouth, Minnesota, as bond registrar, transfer agent and paying
agent, or its successor designated under the Resolution described herein (the "Registrar"),
or its designated successor under the Resolution described herein. For the prompt and
full payment of such principal and interest as the same respectively become due, the fall
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 $1,515,000 (the
Bonds") issued pursuant to a resolution adopted by the City Council on October 27,
2009 (the "Resolutions") to provide funds, together with other available funds of the
City, to refund on February 1, 2010, the 2011-2014 maturities of the City's General
Obligation Activity Center and Field House Bonds, Series 1998C, dated, as originally
issued, as of December 1, 1998, which are currently outstanding in the amount of
1,470,000. The Bonds are issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota
Statutes, Chapter 475. The Bonds are issuable only in fully registered form, in
denominations of $5,000 or any integral multiple thereof, of single maturities.
The Bonds are not subject to optional redemption prior to maturity.
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
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to reimbursement for any tax, fee or governmental charge required to be paid with respect
to such transfer or exchange.
The Bonds have been designated as "qualified tax-exempt obligations" pursuant
to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
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, prior to the issuance hereof, a direct, annual, ad valorem
tax has been duly levied upon all taxable property in the City, which ad valorem taxes are
estimated to be receivable in years and amounts not less than five percent in excess of the
amounts required to pay the principal of and interest on the Bonds when due; that if
necessary for payment of such 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; 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.
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
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facsimile signature City Manager) (facsimile signature Mayor)
CERTIFICATE OF AUTHENTICATION
Dated:
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
CITY FINANCE DIRECTOR,
PLYMOUTH, MINNESOTA, as
Registrar
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 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
Page 3 5
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. Upon payment for the Bonds by the Purchaser,
Bond proceeds shall be used as follows: (a) $ — shall be deposited in the
sinking fund established for the Refunded Bonds to be applied to their redemption and
prepayment on February 1, 2010, (b) $ shall be applied to pay costs of
issuance and (c) $ shall be deposited in the Bond Fund created pursuant to
Section 4 hereof.
SECTION 4. GENERAL OBLIGATION ACTIVITY CENTER AND FIELD HOUSE
REFUNDING BONDS, SERIES 2009B 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 Activity Center and Field House Refunding Bonds,
Series 2009B Bond Fund (the "Bond Fund"), and the principal of and interest on the
Bonds shall be payable from the Bond Fund. If the money in the Bond Fund should at
any time be insufficient to pay principal and interest due on the Bonds, such amounts
shall be paid from other moneys on hand in other funds of the City, which other funds
shall be reimbursed therefor when sufficient money becomes available in the Bond Fund.
The moneys on hand in the Bond Fund from time to time shall be used only to pay the
principal of and interest on the Bonds. Into the Bond Fund shall be paid: (a) the amounts
specified in Section 3; (b) all excess amounts on deposit in the debt service funds
maintained for the payment of the Refunded Bonds upon the retirement of the Refunded
Bonds on the Redemption Date; (c) ad valorem taxes collected in accordance with the
provisions of Section 5 hereof, and (d) any other funds appropriated by the Council for
the payment of the Bonds. The moneys on hand in the Bond Fund from time to time
shall be used solely to pay the principal of and interest on the Bonds.
SECTION 5. 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 not less than 5% in
excess of the amount needed to meet when due the principal and interest payments on the
Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes
are to be levied and collected in the following years and amounts:
Levy Years Collection Years Amount —
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See attached Levy Computation
The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid,
provided that the City reserves the right and power to reduce the tax levies in accordance
with the provisions of Minnesota Statutes, Section 475.61.
SECTION 6. 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
registered owners 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 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 a bank or trust company
qualified by law as an escrow agent for this purpose, cash or securities which are
authorized by law to be so deposited, bearing interest payable at such time 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.
SECTION 7. CERTIFICATION OF PROCEEDINGS.
7.01. 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
the "County Auditor") and obtain a certificate that the Bonds have been duly entered
upon the County Auditor's bond register and the tax required by law has been levied.
7.02. Authentication of Transcrip . 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.
7.03. Official Statement. The Preliminary Official Statement relating to the
Bonds, dated 1 2009, relating to the Bonds prepared and distributed by
Ehlers & Associates, Inc., the financial advisor for the City, is hereby approved. Ehlers
Associates, Inc., is hereby authorized on behalf of the City to prepare and distribute to
the Purchaser within seven business days from the date hereof, a supplement to the
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 l5c2-12 adopted by the Securities and
Exchange Commission (the "SEC") under the Securities Exchange Act of 1934. The
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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.
7.04. Authorization of PUment 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 Bank of America, N.A., on the closing date for further
distribution as directed by the City's financial advisor, Ehlers & Associates, Inc.
SECTION 8. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
8.01. 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.
8.02. 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 Section 148 of the Code, and applicable 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.
8.03. 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, 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.
8.04. Qualified Tax -Exempt Obligations. In order to enhance the marketability
of the Bonds and since the City and all subordinate entities do not reasonably expect to
issue in excess of $30,000,000 of tax-exempt governmental bonds during calendar year
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2009, the Bonds are hereby designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b) of the Code.
8.05. Continuing Disclosure. (a) Pup2ose 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. 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 (a) 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 (b) 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, 2009, 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,
containing balance sheets as of the end of such fiscal year and a
statement of operations, changes in fund balances and cash flows for the
fiscal year then ended, showing in comparative form such figures for the
preceding fiscal year of the City, prepared in accordance with generally
accepted accounting principles promulgated by the Financial Accounting
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Standards Board as modified 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, which information may be unaudited.
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 forniat 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 submitted to each of the repositories
hereinafter referred to under subsection (c) or the SEC. If the document incorporated by
reference is a final official statement, it must be available from 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 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, that 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 a
Material Fact (as defined 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, notice of the occurrence of any of the following events
which is a Material Fact (as hereinafter defined):
A) Principal and interest payment delinquencies;
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B) Non-payment related defaults;
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 or events affecting the tax-exempt status of the
security;
G) Modifications to rights of security holders;
H) Bond calls;
1) Defeasances;
J) Release, substitution, or sale of property securing repayment of the
securities; and
K) Rating changes.
As used herein, a Material Fact is a fact 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. Notwithstanding the foregoing sentence, a
Material Fact is also 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.
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. The City agrees to make available the information described
in subsection (b) to the following entities by telecopy, overnight delivery, mail or other
means, as appropriate:
1) the information described in paragraphs (1), (2) and (3) of subsection (b), to
the MSRB through EMMA;
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2) the information described in subsection (b), to any rating agency then
maintaining a rating of the Bonds at the request of the City and, at the
expense of such Bondowner, to any Bondowner who requests in writing such
information, at the time of transmission under paragraph (1) of this
subsection, or, if such information is transmitted with a subsequent time of
release, at the time such information is to be released;
3) all documents provided to the MSRB shall be accompanied by identifying
information as prescribed by the MSRB.
d) Term; Amendments; Intep2retation.
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 Board 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
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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 9. REFUNDED BONDS CALL. The City Finance Director, as
registrar for the Refunded Bonds, is hereby directed to call the Refunded Bonds for
redemption and prepayment on February 1, 2010, and to give notice of redemption,
substantially in the form attached hereto, all in accordance with the provisions of the
resolution authorizing the issuance of the Refunded Bonds.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution was declared duly passed and adopted.
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Date
PROJECTED LEVIES
20
Levy
Page 44
NOTICE OF REDEMPTION
4,500,000 General Obligation Activity Center and Field House Bonds, Series 1998C
Dated December 1, 1998
City of Plymouth, Minnesota
NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on
February 1, 2010, all outstanding Bonds of the above referenced issue, maturing on February I in the
following years and having the interest rates and CUSIP numbers listed below:
Year Amount Interest Rate CUSIP Number*
2011 345,000 4.150%
2012 360,000 4.200
2013 375,000 4.300
2014 390,000 4.375
The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date
of redemption. Holders of the Bonds should present them for payment, on or before said date, on which
date they will cease to bear interest, to the following Paying Agent:
Finance Director
City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
763) 509-5060
Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001,
federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the
time the payment by the redeeming institutions if they are not provided with your social security number or
federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-
9 Form, which may be obtained at a bank or other financial institution.
The Paying Agent shall not be responsible for the selection of or use of the CUSIP number, nor is any
representation made as to its correctness indicated in this Notice of Redemption. It is included solely for
the convenience of the Holders.
Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060
Centre Pointe Drive, Roseville, Minnesota 55113 (651-697-8500), financial advisor to the City.
Dated: October 27, 2009. BY ORDER OF THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA
s/
City Finance Director
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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 April 21, 2009, by the City Council of the City of
Plymouth, Minnesota, setting forth the form and details of an issue of $5,080,000 General
Obligation Activity Center and Field House Refunding Bonds, Series 2009B, dated as of
May 1, 2009 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 52009.
County Auditor
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