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City Council Packet 11-24-2009
Regular Council Meeting 1 of 3 November 24, 2009 CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING NOVEMBER 24, 2009, 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 allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2009-280) 6.03 Amend the City Code establishing a fee for Fireworks Display Permits (Ord2009- 19) 6.04 Accept donation from the Minnesota Department of Labor and Industry for a thermal imaging camera for the Fire Department (Res2009-281) 6.05 Receive engineering proposals and designate engineer for the Plymouth Creek Stream Bank Stabilization Project (8128 – Res2009-282) Items require 6/7 vote of the City Council Regular Council Meeting 2 of 3 November 24, 2009 6.06 Approve Payment No. 2 and Final for Sanitary Sewer Lining Project (9103 – Res2009-283) 6.07 Accept improvements for Continual Maintenance for Spring Arbor (2007002 – Res2009-284) 6.08 Approve grant agreement with the Minnesota Department of Public Safety for the annual Operation Night Cap Project (Res2009-285) 6.09 Approve amendment to Section 3 of the Personnel Policy regarding Tuition Reimbursement (Res2009-286) 6.10 Approve 2010 Compensation and Classification Plans (Res2009-287) 6.11 Adopt amendments to the Employee Recognition and Incentive Programs Policy (Res2009-288) 6.12 Approve 2010 paid-on-call Firefighter compensation plan and payment to the Fire Relief Association for firefighter disability insurance premiums Res2009-289) 6.13 Approve 2010 health, dental, and deferred compensation benefits for non- represented employees (Res2009-290) 6.14 Approve amendment to Section 3 of the Personnel Policy regarding Salary Differential for Military Leave to be Effective in 2011 (Res2009-291) 7. PUBLIC HEARINGS 7.1 Modifications of Development Program for Development District Number 7 and Tax Increment Financing District 7-6 and Redevelopment Plan for Redevelopment Project Area Number 1 and Tax Increment Financing District 1-1 7.2 Project hearing for 8th 8. GENERAL BUSINESS Avenue Street Reconstruction (10004 – Res2009-292) Items require 6/7 vote of the City Council Regular Council Meeting 3 of 3 November 24, 2009 8.1 Authorize staff to complete specific energy projects to be paid for by the City’s Energy Efficiency and Conservation Block Grant Award. (2009020) 8.2 Authorize negotiations for Cost Sharing Agreement with Metropolitan Council Environmental Services for the Elm Creek Interceptor – Medina Log (Res2009- 293) 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT 6.01 Proposed Minutes 1 of 3 Special Meeting of November 10, 2009 Proposed Minutes Special Council Meeting November 10, 2009 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:40 p.m. in the Medicine Lake Conference Room, 3400 Plymouth Boulevard, on November 10, 2009. COUNCIL PRESENT: Mayor Slavik, Councilmembers Black, Murdock, Stein, Willis, Johnson, and Bildsoe (arrived at 6:30 p.m.). STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Park Director Blank, Fire Chief Kline, Planning Manager Senness, Senior Planner Drill, City Engineer Moberg, and Deputy City Clerk Olson. Northwest Area Infrastructure Review (2009050) Community Development Director Juetten gave a staff report on the following: A review of how the Comprehensive Plan addresses future development Status of existing lift stations Status of the Elm Creek Interceptor connections Outlined the maps showing which parcels in the northwest area have access to public streets, gravity sanitary sewer, and water service Community Development Director Juetten stated the Metropolitan Council had previously approved the PCA permit to allow construction of the Elm Creek interceptor, but the stipulation exists that the City can’t connect into the interceptor until the agreement is signed by all parties. Councilmember Willis asked for clarification on the cost to enter in the Elm Creek interceptor as well as the history of how this came about. Community Development Director Juetten replied that they do not have an exact number from the Metropolitan Council and have tried without result to meet with them. City Engineer Moberg added that staff has been unable to locate any documentation about the interceptor, but it appears that it is something that the City requested for it to be constructed. He believes it extends to a line south of Highway 55 and extends east to west. Councilmember Willis suggested contacting former staff to see what they recall during the time this was negotiated. Councilmember Johnson inquired what was done historically with temporary lift stations. Community Development Director Juetten replied several temporary lift stations had been put in and as development followed, they were then eliminated. City Engineer Moberg stated that historically, development started in the southeast corner of Plymouth and has moved to the northwest. The sewer naturally wants to flow from north to Page 1 Proposed Minutes 2 of 3 Special Meeting of November 10, 2009 south and water wants to flow from south to north. He stated that there are gaps in the system and the big question is whether to bridge that gap through development or a City project. Councilmember Willis was concerned that the roads were not paved to the standards for such heavy development. He stated that he would not expect taxpayers to pay for those improvements. Developers would then have to pay those costs, but this could lead to timing issues. Council directed staff to keep them apprised of infrastructure needs. Councilmember Johnson inquired about tapping into Maple Grove’s water and the associated costs. City Manager Ahrens stated that she had contacted Maple Grove to see if this is possible and Maple Grove stated it could support it for the short term but not the long term. Councilmember Johnson stated that she would be willing to consider that option. Councilmember Black stated that a short term answer makes her nervous and inquired what they would do when the short term is up. Mayor Slavik asked the Council about their thoughts on temporary lift stations as her thoughts are that it should be on a case-by-case basis in order to not delay development or burden the taxpayers. Councilmember Willis stated he is not comfortable with them. In the current economy, temporary lift stations would be relied on longer than usually needed. He stated he is also uncomfortable with new road costs when they can’t maintain the current ones due to the economy. Councilmember Black agreed. Councilmember Stein also agreed but said he could accept temporary lift stations if conditions were the same as a previous development where there was no cost to the taxpayers. Dave Gonyea and Jake Walesch of Gonyea Development spoke about the work they have done for the City and the costs of that work. Mr. Walesch stated that it would help them if they understood why Council dislikes the idea of temporary lift stations. Councilmember Johnson replied that it was because of system failure and she recalled homeowners who had raw sewage in their basements after such a failure. Councilmember Willis responded that it is a band-aid approach to the sewer system and it distorts the pattern of development. City Manager Ahrens added that Plymouth has a history of power failures and generators need to be present that can power the temporary lift station when needed. She stated that it is a sensitive issue for residents. Councilmember Willis suggested that it would behoove landowners to work with the developers to maximize the potential value of the land. Mayor Slavik had concerns about who would maintain the temporary lift station if the developer goes bankrupt. Mr. Gonyea suggested that cost could be assessed to the property owner. Mayor Slavik would like to see a consistent approach to temporary lift stations. Community Development Director Juetten summarized what he heard from Council: Page 2 Proposed Minutes 3 of 3 Special Meeting of November 10, 2009 1. Council prefers not to have temporary lift stations. 2. Council is flexible on obtaining water services from neighboring communities so long as costs are upfront. 3. Temporary lift stations are on a case by case basis and costs would be assessed to property owners if the developer goes bankrupt. 4. Staff is to look closer at street development. Set Future Study Sessions The Council moved the November 24, 2009 study session to 5:30 p.m. The agenda will be the quarterly update with the City Manager and the City Manager’s annual performance review. The following Study Sessions were scheduled: 1. January 12, 2010, at 5:30 p.m. to discuss Visit Minneapolis North. 2. January 26, 2010, at 6:00 p.m. do discuss farmers’ market. The Council added Discuss Transit System to the pending study session list and will schedule a date in early 2010. City Manager Ahrens asked if the Council wanted to set a study session to consider whether to seek an extension or obtain new proposals for the recycling contract. The Council directed staff to determine what a one-year extension would include and report back to the Council. Adjournment Mayor Slavik adjourned the meeting at approximately 6:55 p.m. Kimberly A. Olson, Deputy City Clerk Page 3 Proposed Minutes 1 of 8 Regular Meeting of November 10, 2009 Proposed Minutes Regular Council Meeting November 10, 2009 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:06 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on November 10, 2009. COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Johnson, Murdock, Willis, Black, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Parks and Recreation Director Blank, Community Development Director Juetten, Planning Manager Senness; Fire Chief Kline, Police Chief Goldstein, City Engineer Moberg, Senior Planner Darling and Deputy City Clerk Olson. Plymouth Forum Randall Mann, 2414 North 4th Street, Minneapolis, stated that he has a patent for an engine that uses no fuel and causes no pollution. The engine can be used indoors or in a vehicle. He asked that Plymouth be one of the seven cities to review this. He explained how his patent works. Mayor Slavik thanked him for the information. Presentations and Public Information Announcements 4.01) Oath of Office for Firefighters Fischer, Jaeger, Johnson, McCurdy, Moellman, Robins, and Olson Deputy Clerk Olson administered oaths of office to Firefighters Fischer, Jaeger, Johnson, McCurdy, Moellman, Robins, and Olson. 4.02) Proclamation Proclaiming November 14-21 as “Affordable Housing Week” Mayor Slavik read the proclamation proclaiming the week of November 14-21 as “Affordable Housing Week.” 4.03) Oath of Office for Police Officer Janssen Deputy Clerk Olson administered oath of office to Police Officer Janssen. Page 4 Proposed Minutes 2 of 8 Regular Meeting of November 10, 2009 Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda By request of Councilmember Willis, item No. 6.04 was moved to General Business as item No. 8.05. Motion was made by Councilmember Willis, and seconded by Councilmember Murdock, to adopt the amended Consent Agenda that included the following items: 6.01) Regular and Special Council meeting minutes of October 27. 6.02) Resolution Approving Disbursements (Res2009-270). 6.03) Resolution Approving 2010 Council Meeting Schedule (Res2000-271). 6.04) (This item was removed and placed as Item 8.05 under General Business). 6.05) Resolution Ordering Preliminary Engineering Report for the 2010 Street Reconstruction Project, East Parkers Lake Area (10001 – Res2009-272). 6.06) Resolution Accepting Preliminary Engineering Report and Call a Public Hearing for the 8th Av enue Street Reconstruction Project (10004 – Res2009-273). 6.07) Ordinance Amending Chapters 9 and 10 of the Plymouth City Code Eliminating Animal Licensing and Resolution Approving Summary Publication of Ordinance (Ord2009-18, Res2009- 274). 6.08) Resolution Accepting Improvements for Continual Maintenance for Taryn Hills 8th Addition (Res2009-275). 6.09) Resolution Approving Grant Agreement with the State of Minnesota’s Division of Homeland Security and Emergency Management (Res2009-276). 6.10) Resolution Accepting Donations to the City of Plymouth in 2009 (Res2009-277). 6.11) Approve Restatement and Amendment of the Master subordination agreement and Estopple Certificate for the City’s loan for the Shenandoah Woods Apartments HUD Refinancing. Page 5 Proposed Minutes 3 of 8 Regular Meeting of November 10, 2009 6.12) Resolution Approving a Site Plan Amendment, Conditional Use Permit and Variance to allow renovation of an existing industrial building located at 13010 County Road 6 (2009059 – Res2009-278). 6.13) Receive year-to-date 2009 Financial Report With all members voting in favor, the motion carried. Public Hearings There were no public hearings. General Business 8.05) Extension of Transit Services Agreement with Laidlaw Transit Services for 2011 Councilmember Willis was not concerned with level of service but with the 3.5% increase in costs. In this economy, this is not a number that he is accustomed to seeing. He asked for a report and justification from the provider about the increase. Paul Buharin, First Transit, distributed a pricing list of costs to the Council. The incremental service decrease has not been enough to cover fixed costs. No one in an administrative capacity has received wage increase and the increase is for the operation staff that are in bargaining units. Councilmember Willis asked for clarification on overhead costs. Mr. Buharin explained direct costs and also how they divide costs between shared communities. Motion was made by Councilmember Willis, seconded by Councilmember Bildsoe, to adopt a resolution approving the extension to the Transit Services Agreement (Res2009-279). With all members voting in favor, the motion carried. 8.1) Consider denial of Preliminary Plat for “Kingsview Heights 5th Addition for one single family home located at 44th Avenue between Harbor Lane and Juneau Lane. Martin Harstad. (2009034) Community Development Director Juetten provided a brief history of the previous meetings in which this item was discussed. He stated there are three options before the City Council which are a resolution of approval, a resolution of denial, or the opportunity to request more time to review the materials. Scott Nielson, attorney representing the applicant, spoke of the fundamental error made in 1986 that needs to be corrected. Prior to platting, the City was told Outlot J was not to be public property and might be developed in the future. Neither the plat, development contract or Page 6 Proposed Minutes 4 of 8 Regular Meeting of November 10, 2009 homeowners association documents state that Outlot J belongs to the homeowners association. The condemnation process was begun against the owner, not the homeowners association. He described the outlots deeded to the homeowners association. He clarified that property taxes have been paid by the Harstads and then Eichi, Inc. Mr. Neilson reported that the City does not have the authority to determine ownership. He stated that the plat, development contract, and homeowners association’s documents are final and cannot be rewritten. If the application meets the city’s ordinances, it must be approved. He stated that if the plat is granted, the homeowners association can then sue the owner after the fact. Mark Caprio, 4465 Harbor Lane North, stated that in 1987 the Council passed a resolution that the homeowners association is asking the Council to now uphold. He inquired about the community enhancement fund and if that could be to purchase Outlot J. Dick Meyer, 14515 45th Place North, reported that he lives across from the property. When he purchased his home, Outlot J was represented as open space. He clarified there was not a homeowners association until 1988. He stated that he has relied on the property being open space and belonging to the association. He is against platting of the property. He would like to see it left in a natural state. Mike Jogodka, 4355 Ithaca Lane, stated he opposes development of the land. He stated that Mr. Harstad executed a contract between him and neighbors that states on Item 12.7 of the submitted materials: “Requirements for Annexation, Mergers, and Dissolutions: The developer should have the right without consent of the association to add additional real property until 1989”. He stated that the developer’s rights ended twenty years ago. Both Harstads signed and had the document notarized. He explained that the land is under the jurisdiction of the DNR and the elevation does not support development. He has also seen the property under water. He explained that the current Harstad obtained the property by a transfer deed. He stated that Harstad has never paid for the lawn care. He stated they need to come to answer on this. Todd Anderson, 4510 Juneau Lane North, stated that he counted 8 times at the September 8th meeting that Mr. Nielson and Mr. Harstad confirmed that Outlot J was required for the density analysis for the PUD. He stated that the 1987 resolution usurps all documentation prior to that resolution. He would like the Council to uphold the 1987 resolution. It was based on fact. He stated the Outlot is not meant to have a home on it, there are drainage issues, and the intersection is already busy. Mr. Nielson reported that the density requirement was eliminated in 1996. He stated that some of the speakers are not part of the association. He stated that the homeowners relied on a title search when they bought their property and that search would have shown that Outlot J was not part of the homeowners association. Mr. Jogodka responded that he is a member of homeowners association. He reiterated that Outlot J is still part of the plat. He stated that Mr. Harstad had until December 31, 1989 to make any changes. Page 7 Proposed Minutes 5 of 8 Regular Meeting of November 10, 2009 Councilmember Stein referenced a staff memorandum dated June 25, 1985 from Sarah McConn, Community Development Coordinator, that the plat calls for 190 single family lots and 14 outlots. A letter from the engineer references Outlots A-N which is the 14 oulots including Outlot J. Mr. Nielson replied that Outlot J was described that it may be used in the future. He stated that Outlot J was not connected with the trail. He stated that the item 12.7 that was previously mentioned was referencing taking on additional developments and it is not relevant here. Mr. Anderson stated that he is dismayed that the applicant repeatedly confirms the density requirement. He stated that it was reconfirmed by the Council resolution in 1987. He stated Mr. Harstad still has the legal obligation to deed over Outlot J to the homeowners association. Mr. Anderson referenced Mr. Harstad’s bankruptcy of the 1990’s and inquired how he could have retained the property. J.K. Strand, 4340 Juneau Lane North, stated they are spending all this time on something that should not even be developed. He stated that the elevation is low and he hears the running water everyday when he passes by. Mr. Caprio stated that when homeowners purchase homes they study what neighbors say and resolutions passed by Council. He stated that it is common knowledge that Outlot J is open space. Mayor Slavik addressed the use of the community improvement fund and clarified that for the funds to be used on a property it has to have a citywide benefit, such as a park. City Engineer Moberg reported on the elevation of Outlot J and stated that the plans submitted with the application show 6 feet above the high water elevation set by the DNR. Councilmember Willis stated everyone has spent much time and research on this. He stated that Outlot J, even listed as A-N, was not included as a common open space under the homeowners association. The fact is the Outlot was not deeded to the homeowners association. The zoning code was revised in 1996 and eliminated PUD’s. He understood the neighbors would not like to see this happen nor does he wish that it had happened. However, he concluded that the applicant has a right to develop the property. Mayor Slavik stated that she needs to go back to the original intent of Outlot J. She sees it intended as open space. Councilmember Murdock stated that she understands this is a difficult issue. She wishes due diligence had been done originally but she agrees with the Mayor on the intent of the property. Councilmember Johnson asked if taxes were paid for the equivalent of a buildable lot or as an Outlot. She added this is the most difficult thing she has had to consider in her public service. Page 8 Proposed Minutes 6 of 8 Regular Meeting of November 10, 2009 Councilmember Stein stated he goes back to what happened in the 1987 resolution. The City tried to get a sewer easement and denied a preliminary plat in 1987. The City through the act of negotiation and by resolution admitted that Outlot J was not a part of the homeowners association. He questioned why the homeowners association did not take action at that time. He stated what is clear to him by the resolution in 1987 is that Harstad owned the lot, not the homeowners association. Mr. Harstad reported that his Outlot J property tax statement went up. He met with a City appraiser and the appraiser said taxes have been going up because they have done away with PUD’s and they consider the land buildable. Mr. Harstad said the original intention was to combine it with property to west owned by Hans Hagen. He stated that his dad always intended the two would go together, but that did not happen. Mr. Harstad gave the history of how and why the condemnation process was started on Outlot J many years ago. Councilmember Johnson asked Mr. Harstad when he began to think the land was developable and asked what his intentions are for Outlot J. Mr. Harstad stated that that his family thought even if it was not developable they could use it for wetland credit. Mr. Harstad replied that if it is approved he would put it up for sale for someone to build a single family house. He would be willing to bring any concepts in for Council approval. He does not want wetland encroachment and they would preserve trees. They would also create a buffer to the wetland. Councilmember Johnson asked if it doesn’t get approved, what will the applicant do. Mr. Harstad stated that the assessor made it clear it is buildable. Councilmember Johnson stated that she is trying to figure out if Council denies the application and it goes to court, if the applicant can come back to build more than a single lot. Mr. Juetten replied that they have not looked at it as anything more than a single family lot. Motion was made by Councilmember Black, seconded by Councilmember Stein, to approve a preliminary and final plat for Eichi, inc. for “Kingsview Heights 5th Addition” for property location north of 44th avenue between Juneau and Harbor Lanes. Councilmember Black stated she would prefer the Outlot to be open space. However, she felt that if it went to court they would lose. She felt with the economic times it would not be a good move on the part of the City. Councilmember Stein agreed. He stated that he is not interested in amending the language of the resolution limiting the size of the house. Councilmember Bildsoe felt it is difficult because they have to make a legal decision. He found it compelling that Mr. Harstad has paid taxes for a long time and nobody has disputed the ownership until now. Page 9 Proposed Minutes 7 of 8 Regular Meeting of November 10, 2009 Mayor Slavik said she is not going to support the motion. She said sometimes you need to stand up for convictions and original intent. Councilmember Johnson asked if the resolution can have an amendment to limit the number of units on the property. City Attorney Knutson replied they could only be single family detached homes and must meet ordinances requirements. He stated that if the property is sold by Mr. Harstad anyone could come in to plat the property. He also stated the ordinance can be amended but that is not before the Council tonight. Councilmember Stein asked what restrictions Mr. Harstad would be willing to put on the property. Mr. Harstad replied he is willing to work with both his attorney and the City Attorney to limit it to one single family home. He is not asking for multiple homes on the lot. City Attorney Knutson stated that with Mr. Harstad’s willingness, they could draft a covenant to address it. He suggested that they add paragraph 13 to the approval resolution to read, “Prior to the City signing the final plat, the developer shall enter into a covenant that Lot 1, Block 1, Kingsview Heights 5th Addition may not be further subdivided and may only be used for one single family detached home and the covenant must be in a form acceptable to the City Attorney and the covenant must be recorded with the new plat.” Councilmember Black asked that the language of the resolution be amended as such. Motion was made by Councilmember Stein, seconded by Councilmember Bildsoe, to amend the main motion to amend the resolution to include the language, “Prior to the City signing the final plat the developer shall enter into a covenant to run with the land in favor of the homeowners association and the City prohibiting further subdivision of the property and prohibiting any development other than one single family detached dwelling.” Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock to table the item to the next meeting. With Black, Johnson, and Murdock voting yes and Willis, Bildsoe, Stein, and Mayor Slavik voting no, the motion failed. Mayor Slavik asked since this language is with the title of the property, what would happen if the property were sold. City Attorney Knutson replied that it would run with the land. Mr. Jogodka stated that Mr. Harstad has never paid for lawn care or the homeowners association dues. He stated the City maintenance staff thought it was an extension of Turtle Lake Park and began mowing the property mistakenly. He stated that nothing is to be added to Kingsview 2nd addition after 1989. The City Attorney stated that the declaration of the covenant said the developer had the right, not the obligation, to add property to the homeowners association. They are not adding it to the homeowners association. Mr. Anderson stated that Outlot J was part of the requirement of the density analysis and RPUD. It was part of a contractual obligation and he wants that upheld. He questioned what the Council has received to make them change their minds. He stated there is nothing that should overturn Page 10 Proposed Minutes 8 of 8 Regular Meeting of November 10, 2009 the resolution for denial written by the City Attorney. Mayor Slavik replied that the information supplied by Mr. Harstad and his attorney is part of the public record and is part of the staff report. The Council voted on the amendment to the main motion and with Black, Willis, Johnson, and Stein voting yes and Bildsoe, Murdock and Slavik voting no, the motion carried. Councilmember Johnson asked if the density requirements in the 1980’s were grounds to deny the application today. City Attorney Knutson replied that is not a basis for denial because of the rezoning in 1996. The Council voted on the amended main motion. With Black, Willis and Stein voting yes and Bildsoe, Johnson, Murdock and Slavik voting no, the motion failed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Murdock, to adopt a Resolution Denying the Preliminary and Final Plat of Kingsview Heights 5th addition 2009034 – Res2009-269). With Bildsoe, Johnson, Murdock and Slavik voting yes and Black, Willis, and Stein voting no, the motion carried. Reports and Staff Recommendations There were no Reports or Staff Recommendations. Adjournment Mayor Slavik adjourned the meeting at approximately 9:08 p.m. Kimberly A. Olson, City Clerk Page 11 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.02 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 November 14, 2009 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending November 14, 2009. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending November 14, 2009. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Page 2 Page 3 Invoice Expense Distribution for Period Ended 11.14.09/Council meeting 11.24.09 FUND 100 General Fund 191,808.91 200 Recreation Fund 18,203.84 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 1,541.34 204 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 26.61 254 HRA Section 8 Fund 230.00 254 HAP Check Summary 264,637.60 258 HRA General Fund 0.00 301 Open Space Refunding 1,792.87 400 General Capital Projects Fund 0.00 401 Minnesota State Aid Fund 0.00 403 Building & Equipment Rev. Fund 644.24 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 0.00 407 Project Administration Fund 0.00 408 Park Construction 4,658.00 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 0.00 413 Improvement Project Construction 430,714.60 414 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 2,130.00 421 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)1,435.03 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const)0.00 427 TIF #7-8 Shops @ Plymouth Creek 7,935.03 428 TIF HRA Senior Apt. Constr. Fund 0.00 429 TIF HRA 1-3 Crossroads Station 0.00 430 CON-Open Spaces Series 500.00 500 Water Fund 68,679.90 510 Water Resources Fund 40,332.24 520 Sewer Fund 414,798.19 530 Solid Waste Management Fund 223.91 540 Ice Center Fund 23,254.06 550 Field House Fund 8,991.72 Central Services Fund 0.00 600 Central Equipment Fund 28,969.48 610 Public Facilities Fund 24,539.67 620 Information Technology Fund 84,132.53 630 Risk Management Fund 1,773.31 640 Employee Benefits Fund 288,972.86 650 Design Engineering 27.84 660 Resource Planning 0.00 850 Senior Housing Bond Trustee 0.00 0.00 Total Invoice Expense Distribution:1,910,953.78 Page 4 Check Payment Register 11/01/2009 11/14/2009to 11/06/2009 $38,479.88CheckDatePaid: Amount: EFT I C M A 38,479.88ICMA - ICMA Deferred Comp11/06/2009Inv. 2009-00000314 11/06/2009 $5,161.15CheckDatePaid: Amount: EFT ING 5,161.15ING - ING Deferred Comp11/06/2009Inv. 2009-00000315 11/06/2009 $29,113.83CheckDatePaid: Amount: EFT Minnesota Revenue 29,113.83MN - Minnesota State Tax* 11/06/2009Inv. 2009-00000318 11/06/2009 $24,441.67CheckDatePaid: Amount: EFT Selectaccount 24,441.67VEBACONTR - VEBA Contribution* 11/06/2009Inv. 2009-00000324 11/06/2009 $135.00CheckDatePaid: Amount: 107834 Action Sports of MN 135.0010.15/10.16.09 MEA Break skate camp10/29/2009Inv. CM660 11/06/2009 $663.74CheckDatePaid: Amount: 107835 Aercor Wireless Inc 663.749.23.09/8.31.10 Addl netmotion license10/15/2009Inv. 10684 11/06/2009 $1,490.50CheckDatePaid: Amount: 107836 Al's Coffee Company 190.00ICConcessioncoffeeresupply10/02/2009Inv. 105755 963.50ICConcessioncoffeeresupply10/06/2009Inv. 125715 337.00ICConcessioncoffeeresupply10/27/2009Inv. 70540 11/06/2009 $3,444.23CheckDatePaid: Amount: 107837 Anchor Paper 3,388.53Ltr,lgl copy paper,ivory,salmon,gray,gold,lemon10/02/2009Inv. 1021823200 55.705000shgray,500sh ivory paper10/07/2009Inv. 1021823201 11/06/2009 $962.41CheckDatePaid: Amount: 107838 Aramark 245.92PCC3Aquamarkbrewmakerf10/19/2009Inv. 948264 168.92PW2Aquamarkbrewmakerf10/19/2009Inv. 948600 547.57CC7Aquamarkfilter10/19/2009Inv. 948602 11/06/2009 $285.30CheckDatePaid: Amount: 107839 Baldy Sanitation Co 285.30Oct09Fire123RubbishRemoval10/10/2009Inv. 091010 11/06/2009 $8,565.44CheckDatePaid: Amount: 107840 Barton Sand & Gravel Co 8,565.4410.16/10.31.09 642.60ton Class 5 Recycle10/31/2009Inv. 091031 11/06/2009 $644.24CheckDatePaid: Amount: 107841 Joni Berquist 644.24ReimbEagleScoutprojropescoursematerials10/30/2009Inv. 091030 11/06/2009 $158.95CheckDatePaid: Amount: 107842 Bertelson Total Office Solutions 35.77Dsksizeplanner/monthly wall/lg dsk monthly planner 10/13/2009Inv. WO5830891 13.88Gardensoftheworld2months10/13/2009Inv. WO5830931 66.74Monthlyapptmnt/two months/clndr refill/wall10/13/2009Inv. WO5831021 16.35Prismpluscoloredpads10/14/2009Inv. WO5833661 26.216-Roller ball pen/evidence quad dual-pad10/14/2009Inv. WO5835051 11/06/2009 $2,130.00CheckDatePaid: Amount: 107843 Bill's Lawn and Landscape 2,130.0010.27.09 FS 2 trees installed10/27/2009Inv. 6413 11/06/2009 $2,419.44CheckDatePaid: Amount: 107844 Bryan Rock Products Inc 2,419.4410.1.09 230.53ton 3/4" w/fines CL 210/15/2009Inv. 091015 Page 1 of 19 11/16/2009 Page 5 11/06/2009 $1,216.25CheckDatePaid: Amount: 107845 C S McCrossan Construction Inc 633.5210.14.09 14.03ton 41 WA 5.810/14/2009Inv. 7737MB 582.7310.14.09 12.91ton 41 WA 5.810/14/2009Inv. 7738MB 11/06/2009 $2,228.41CheckDatePaid: Amount: 107846 CDW Government Inc 2,129.84IPphone7941G-VOIP/Cisco unified IP phone power injectors 10/15/2009Inv. QNW2095 98.57Edge1gb10/15/2009Inv. QNW2219 11/06/2009 $331.31CheckDatePaid: Amount: 107847 City of Bloomington 331.31Communicationsgraphics10/16/2009Inv. 46192 11/06/2009 $4,426.44CheckDatePaid: Amount: 107848 City of Maple Grove 2,551.44Sep09DogImpounds10/13/2009Inv. 11858 1,875.004thQtrPUPSadminfee10/13/2009Inv. 11858A 11/06/2009 $2,211.72CheckDatePaid: Amount: 107849 Commercial Asphalt Co. 2,211.7210.16.09 40.82ton 42A Wear 6.2% 10/31/2009Inv. 091031 11/06/2009 $760.00CheckDatePaid: Amount: 107850 Dean Constantine 760.0010.7/10.28.09 Ballroom dance classes10/28/2009Inv. 091028 11/06/2009 $637.00CheckDatePaid: Amount: 107851 Crestmark Commercial Capital Lending LLC 637.001300Kidssafetyactivitybooks10/13/2009Inv. 117314 11/06/2009 $908.44CheckDatePaid: Amount: 107852 Custom Valve Nut Replacement 908.44Install #4 SS rplcmnt nut/Ind Park Blvd&e Cntr Cir10/16/2009Inv. 1131 11/06/2009 $262.76CheckDatePaid: Amount: 107853 Dalbec Roofing Inc 262.7610.6/10.13.09 Pump House 5 roof repairs10/14/2009Inv. 45768 11/06/2009 $3,852.82CheckDatePaid: Amount: 107854 Data Recognition Corporation 3,852.82Oct09UBPostage10/30/2009Inv. 206OCT09 11/06/2009 $8,194.00CheckDatePaid: Amount: 107855 DPC Industries Inc 2,892.00ZWP300glZincOrthophosphate10/12/2009Inv. 8270172909 5,302.00CWP550glZincOrthophosphate10/12/2009Inv. 8270173309 11/06/2009 $60.00CheckDatePaid: Amount: 107856 Duluth Police Canine 60.00Gliniany12.5.09 Duluth K-9 training11/04/2009Inv. 091205 11/06/2009 $67.85CheckDatePaid: Amount: 107857 Dundee Nursery&Landscaping Co. 67.85PlantGPoetz10/12/2009Inv. 10297571 11/06/2009 $35.69CheckDatePaid: Amount: 107858 Dynamex 35.6910-6-09 Campbell Knutson10/11/2009Inv. 561308 11/06/2009 $362.77CheckDatePaid: Amount: 107859 Earl F. Andersen Inc. 165.056-10' tubular post/8x24 right hazard marker10/14/2009Inv. 0089306IN 197.722-W15- 30x30 syg10/16/2009Inv. 0089395IN 11/06/2009 $91.97CheckDatePaid: Amount: 107860 Egan Oil 91.971pailgrease10/23/2009Inv. 030992 11/06/2009 $7,000.00CheckDatePaid: Amount: 107861 Ehlers & Associates Inc 500.00ArbitragemonitoringgnrlobligOpenSpace Bonds Series 2007A 10/13/2009Inv. 60102 6,500.00ArbitragemonitoringHRAhousingbondsseries 2005 10/13/2009Inv. 60104 11/06/2009 $1,660.67CheckDatePaid: Amount: 107862 Evenflo 1,660.6720TriumphLXBarleytwistcarseats08/28/2009Inv. IN869308 Page 2 of 19 11/16/2009 Page 6 11/06/2009 $407.14CheckDatePaid: Amount: 107863 Factory Motor Parts Co 112.382-Transmission filter/del (gsmp3) 10/13/2009Inv. 61176855 219.59Pumpasypowersteerin10/13/2009Inv. 61176866 145.17Padkit/pro batt10/14/2009Inv. 61177293 70.00) Pump asy Core return10/16/2009Inv. 61178166 11/06/2009 $9,057.02CheckDatePaid: Amount: 107864 Fidelity Building Services Inc 8,789.83Oct09Janitorialsvc/3cs 33x40,4cs 43x48 trash liners 10/01/2009Inv. 0054908IN 267.19Oct09PDSundayCleaning10/01/2009Inv. 0054909IN 11/06/2009 $490.56CheckDatePaid: Amount: 107865 Flanagan Sales Inc 490.56Elbowtunnel35D10/13/2009Inv. 13461 11/06/2009 $5,612.94CheckDatePaid: Amount: 107866 Flexible Pipe Tool Co. 58.78Unit354flatdischargehose10/12/2009Inv. 12847 2,796.78Unit354boomhose/flat discharge hose10/12/2009Inv. 12853 2,757.38VacTruck/soil surgeon hydro excavation tool 8" 10/16/2009Inv. 12881 11/06/2009 $714.05CheckDatePaid: Amount: 107867 Floors of Distinction 714.05PCCDanceflooringrepair/install11/02/2009Inv. 091102 11/06/2009 $332.92CheckDatePaid: Amount: 107868 G & K Service Inc 332.92PublicWorksUniformRental10/16/2009Inv. 1006851878 11/06/2009 $150.00CheckDatePaid: Amount: 107869 Giertsen 150.00EmergencyDoorboardup10/27/2009Inv. M0007525 11/06/2009 $1,028.73CheckDatePaid: Amount: 107870 Grainger 5.725-Lamp 25w10/12/2009Inv. 9097101324 118.737-Leather glove thermal10/13/2009Inv. 9097452073 28.66Bootsize1610/13/2009Inv. 9097636386 31.742-Adj back chest wader suspenders10/15/2009Inv. 9099374002 249.039-Disposable gloves/boot size 1410/15/2009Inv. 9099374010 215.6048-Knit glove/3-disposable wiper/4-3/8" socket adapter 10/15/2009Inv. 9099374036 28.66Bootsize1410/16/2009Inv. 9100372128 283.3936-Lamp/10-lamps plug in 42w10/16/2009Inv. 9101064302 67.20128ozsanitizer/H1N1 supplies10/16/2009Inv. 9101150507 11/06/2009 $1,497.00CheckDatePaid: Amount: 107871 Graybar 34.82Conduitforwells/SCADA System10/14/2009Inv. 944113436 1,462.18Conduitforwells/SCADA System10/15/2009Inv. 944130151 11/06/2009 $17,740.40CheckDatePaid: Amount: 107872 Hartland Fuel Products LLC 17,740.405000glUnleaded, 3000 Diesel fuel10/15/2009Inv. SOI0045936 11/06/2009 $230.00CheckDatePaid: Amount: 107873 Hawkins, Ash,Baptie & Co. LLP 230.00Oct09Section8Acctgservice10/05/2009Inv. 142285 11/06/2009 $508.98CheckDatePaid: Amount: 107874 HD Supply Waterworks LTD 508.9812" Turbo MMP chamber Dr Gallon10/15/2009Inv. 9415038 11/06/2009 $522.65CheckDatePaid: Amount: 107875 Holiday Fleet 522.659.22/10.21.09 24 E-85 Trips10/21/2009Inv. 091021 Page 3 of 19 11/16/2009 Page 7 11/06/2009 $740.95CheckDatePaid: Amount: 107876 Hopkins Parts Co. 17.82Oct09EquipmentRepair10/02/2009Inv. 039961 49.06Oct09EquipmentRepair10/05/2009Inv. 040072 51.06Oct09EquipmentRepair10/07/2009Inv. 040184 45.42Oct09EquipmentRepair10/07/2009Inv. 040212 411.36Oct09EquipmentRepair10/22/2009Inv. 040309 148.45) Oct09 Equipment Repair10/22/2009Inv. 040565 106.38Oct09EquipmentRepair10/22/2009Inv. 040567 54.61) Oct09 Equipment Repair10/22/2009Inv. 040945 41.99Oct09EquipmentRepair10/22/2009Inv. 041225 91.21Oct09EquipmentRepair10/22/2009Inv. 041267 118.37Oct09EquipmentRepair10/22/2009Inv. 041319 11.34Oct09EquipmentRepair10/22/2009Inv. 041391 11/06/2009 $66.63CheckDatePaid: Amount: 107877 Hotsy Equipment of MN 66.631Swivilgun1/4 for steamer10/22/2009Inv. 34243 11/06/2009 $96.99CheckDatePaid: Amount: 107878 Brent Kellum 96.99ReimbEagleScoutprojectmaterials10/30/2009Inv. 091030 11/06/2009 $861.25CheckDatePaid: Amount: 107879 Lee Line Corp 861.259.30.09 Mystery tour transportation10/13/2009Inv. 909013 11/06/2009 $152.29CheckDatePaid: Amount: 107880 LSC Resource Inc 152.29BusinessCards10/16/2009Inv. 21967 11/06/2009 $160.31CheckDatePaid: Amount: 107881 Lyndale Plant Services 160.31Oct09Plantlease10/01/2009Inv. 16541 11/06/2009 $872.41CheckDatePaid: Amount: 107882 Master Repair Inc 872.418.14/8.17.09 IC freezer repairs10/12/2009Inv. 00026215 11/06/2009 $160.00CheckDatePaid: Amount: 107883 Terriann Matejcek 160.009/09-10/09 Made to Move, Yoga for kids10/30/2009Inv. 091030 11/06/2009 $468.11CheckDatePaid: Amount: 107884 Matrix Laser Care Inc 468.112-Lex 21k yld10/13/2009Inv. 116406 11/06/2009 $254.36CheckDatePaid: Amount: 107885 Metro Athletic Supply Inc 254.3610-Orange round base plugs/30-schutt base plugs 10/16/2009Inv. 119400 11/06/2009 $385,839.63CheckDatePaid: Amount: 107886 Metropolitan Council-Waste 385,839.63Nov09Wastewaterservice10/02/2009Inv. 0000910803 11/06/2009 $237.86CheckDatePaid: Amount: 107887 Midwest Asphalt Co. 237.8610.8.09 4.01ton Fine mix10/08/2009Inv. 102619MB 11/06/2009 $892.00CheckDatePaid: Amount: 107888 Minnesota Valley Testing Lab Inc 165.0010.9.09 Water Analysis10/12/2009Inv. 467226 212.0010.12.09 Water Samples10/13/2009Inv. 467371 195.0010.12.09 Water Samples10/13/2009Inv. 467372 160.0010.16.09 Water Analysis10/19/2009Inv. 468192 160.0010.23.09 Water analysis10/26/2009Inv. 469371 11/06/2009 $4,103.60CheckDatePaid: Amount: 107889 MN Dept of Labor & Industry 4,103.60Conf#7628053180 Oct09 Bldg Permit Surcharge10/31/2009Inv. 091031 11/06/2009 $285.34CheckDatePaid: Amount: 107890 MN Dept of Transportation 285.349.30.09 36th Ave Reconstr proj mtrls testing10/14/2009Inv. PA00017781I Page 4 of 19 11/16/2009 Page 8 11/06/2009 $150.00CheckDatePaid: Amount: 107891 MN Emergency Service Chaplain Assn 150.00CDucharmeChaplaintraining11/04/2009Inv. 091110 11/06/2009 $71,626.00CheckDatePaid: Amount: 107892 MS Govern 71,626.00Jan-Dec'10 Annual Maint/gold support-PO 368309/23/2009Inv. MN00000286 11/06/2009 $263.00CheckDatePaid: Amount: 107893 MSA 263.00Buck/Newberger 10.7.09 Tree Care conference10/07/2009Inv. 091007 11/06/2009 $350.00CheckDatePaid: Amount: 107894 New World Systems 350.0010.14.09 Bus analytics training10/22/2009Inv. I0000066214NWS 11/06/2009 $262.00CheckDatePaid: Amount: 107895 Northern Sanitary Supply Co 262.00Tissue/towels/neutral clnr/tile clnr/solvnt bwl clnr10/16/2009Inv. 138310 11/06/2009 $789.30CheckDatePaid: Amount: 107896 Northern Water Works Supply 320.20TypeIIVBadptfits #6 base10/08/2009Inv. S01224845001 184.205-o-ring plate 3 bolt clow10/14/2009Inv. S01225715001 284.90Mjsleevefusion/rubber gskts/plug fusion bonded/mega lug for di 10/14/2009Inv. SO1225655001 11/06/2009 $542.19CheckDatePaid: Amount: 107897 Office Depot 18.66Filefolders/lit hldr/bsd 18/gsa 2009/rubberbnds10/13/2009Inv. 492194563001 146.26Gumpad/hgng folders/envelopes10/14/2009Inv. 492252418001 10.351bx-Env10/14/2009Inv. 492286300001 3.49Mousepad10/14/2009Inv. 492288630001 6.48Bubblemailerdvd10/14/2009Inv. 492302133001 67.726dz-Pens10/14/2009Inv. 492302197001 86.45Filestorage10/14/2009Inv. 492327719001 12.212-pens10/14/2009Inv. 492379491001 144.64Deskorganizer/mech pencil10/14/2009Inv. 492380029001 45.93Lsrlabels/heavyweight/cd hldr10/16/2009Inv. 492622304001 11/06/2009 $1,360.50CheckDatePaid: Amount: 107898 Ole and Lena's Garage Door Svc 303.00PWwestgate,chain rust welded10/30/2009Inv. 43758 549.00PWnewgooseneckexteriorsideofNEgate10/16/2009Inv. 43885 508.50PWWestfourfolddoorrepairs10/29/2009Inv. 43994 Page 5 of 19 11/16/2009 Page 9 11/06/2009 $3,524.81CheckDatePaid: Amount: 107899 On Site Sanitation 38.489/19-10/9 Paver Potty10/12/2009Inv. A377199 158.189-19/10-16-09 Amphitheater10/16/2009Inv. A378051 51.309-19/10-16-09 Bass Lake Playfield10/16/2009Inv. A378052 51.309-19/10-16-09 Dog Park/Eagan Park10/16/2009Inv. A378053 370.869-19/10-16-09 Elm Creek Playfield10/16/2009Inv. A378055 51.309-19/10-16-09 Field House Activity/bubble10/16/2009Inv. A378056 51.309-19/10-16-09 Greenwood Elementary School10/16/2009Inv. A378057 51.309-19/10-16-09 Maintenance Facility10/16/2009Inv. A378058 102.609-19/10-16-09 Oakwood Playfield10/16/2009Inv. A378059 462.779-19/10-16-09 Parkers Lake Beach10/16/2009Inv. A378060 102.609-19/10-16-09 Parkers Lake Playfield10/16/2009Inv. A378061 51.309-19/10-16-09 Pilgrim Lane Elementary10/16/2009Inv. A378062 278.959-19/10-16-09 Plymouth Creek10/16/2009Inv. A378063 278.959-19/10-16-09 Plymouth Playfield10/16/2009Inv. A378064 51.309-19/10-16-09 Ridgemount Playfield10/16/2009Inv. A378065 91.919-19/10-16-09 Skatepark10/16/2009Inv. A378066 187.049-19/10-16-09 West Medicine Lake10/16/2009Inv. A378067 51.309-19/10-16-09 Yardwaste site10/16/2009Inv. A378068 187.049-19/10-16-09 Zachary Playfield10/16/2009Inv. A378069 183.829-19/10-16-09 Zachary Playfield #1/#210/16/2009Inv. A378070 10.699-19/10-16-09 Party Potty10/16/2009Inv. A378117 91.9210-17/10-30-09 Zachary Playfield #1/#210/30/2009Inv. A379493 25.6510-17/10-30-09 Bass Lake Playfield10/30/2009Inv. A379494 25.6510-17/10-30-09 Field House Activity10/30/2009Inv. A379495 93.5210-17/10-30-09 Zachary Playfield10/30/2009Inv. A379496 139.4810-17/10-30-09 Plymouth Creek10/30/2009Inv. A379497 139.4810-17/10-30-09 Plymouth Playfield (Mid School) 10/30/2009Inv. A379498 93.5210-17/10-30-09 West Medicine Lake10/30/2009Inv. A379499 51.309-19/10-16-09 East Medicine Lake10/16/2009Inv. A38054 11/06/2009 $1,093.74CheckDatePaid: Amount: 107900 Owens Companies Inc 901.94PCCcheckgassmell/flange leak outside10/13/2009Inv. 30860 191.80PSconferenceroomwarm/ck VAV boxes10/13/2009Inv. 30862 11/06/2009 $100.00CheckDatePaid: Amount: 107901 PA Hockey - Michelle Pulles 100.00 '09/'10 Providence hockey player book ad11/04/2009Inv. 091031 11/06/2009 $376.00CheckDatePaid: Amount: 107902 Pond & Lighting Designs Inc 376.00PCCfallrmvlfountain/aerator10/22/2009Inv. 00005046 11/06/2009 $18.00CheckDatePaid: Amount: 107903 Printers Service Inc 18.0077" ice knife sharp10/14/2009Inv. 243967 11/06/2009 $1,600.00CheckDatePaid: Amount: 107904 Professional Sports Field Services LLC 1,600.00PCCsyntheticturfrepairstoseams, overlays,Gmax test 10/29/2009Inv. 334 11/06/2009 $187.44CheckDatePaid: Amount: 107905 Qwest 50.46Oct09550.978510/16/2009Inv. 55097851009 58.35Oct09551.882410/16/2009Inv. 55188241009 78.63Oct09557.281210/16/2009Inv. 55728121009 Page 6 of 19 11/16/2009 Page 10 11/06/2009 $380.00CheckDatePaid: Amount: 107906 Rick Johnson Deer & Beaver Inc 380.00Oct094DeadDeerP/U calls10/31/2009Inv. 091031 11/06/2009 $3,767.85CheckDatePaid: Amount: 107907 RMR Services LLC 3,767.85Aug098373MeterReads10/13/2009Inv. 2009776 11/06/2009 $624.16CheckDatePaid: Amount: 107908 Royal Tire 624.16Recap4trucktires11R22.510/05/2009Inv. M030069326 11/06/2009 $3,344.50CheckDatePaid: Amount: 107909 S & S Tree&Horticultural Spec 3,344.5010.14.09 City tree removal10/15/2009Inv. 35381 11/06/2009 $135.00CheckDatePaid: Amount: 107910 Cindy or David Sandberg 135.00Claim2009.20 invisible fence damage11/04/2009Inv. 090322 11/06/2009 $411.75CheckDatePaid: Amount: 107911 Selectaccount 411.75Oct09FSA/VEBA Medical10/01/2009Inv. 766984 11/06/2009 $1,500.00CheckDatePaid: Amount: 107912 Shadow Hills Bigos Management Inc 1,500.00R2009001931.13.09 Erosion ref/Bldg addn11/04/2009Inv. 090113 11/06/2009 $327.82CheckDatePaid: Amount: 107913 Showcase Promotional Advertising 327.82Fieldhouse9jackets10/22/2009Inv. 101161 11/06/2009 $904.25CheckDatePaid: Amount: 107914 State of Minnesota 904.25Sep09Workcrewparks10/06/2009Inv. H55RR050016068 11/06/2009 $15,714.84CheckDatePaid: Amount: 107915 Stocker Excavating Inc 15,714.84Proj6103 #5/Final Wood Creek Erosion rpr08/10/2009Inv. 090810 11/06/2009 $392.66CheckDatePaid: Amount: 107916 Streicher's Inc 235.11Unit1062009.32 grill guard10/12/2009Inv. I673712 27.574-Name tags10/13/2009Inv. I674240 69.99Trousers10/14/2009Inv. I674381 59.99Trousers10/16/2009Inv. I675060 11/06/2009 $1,033.19CheckDatePaid: Amount: 107917 Sun Newspapers/Notices 328.90Proj8107CampusDriveMillandoverlay10/29/2009Inv. 1214377 139.43Ord2009-1410/29/2009Inv. 1214378 396.83Ord2009-1510/29/2009Inv. 1214379 139.43Ord2009-1710/29/2009Inv. 1214380 28.60Res2009-24410/29/2009Inv. 1214381 11/06/2009 $58.00CheckDatePaid: Amount: 107918 Sunrise Estates Townhome Association 58.00ChrgtoAssoctoflagirrigationheads10/08/2009Inv. 247 11/06/2009 $1,623.78CheckDatePaid: Amount: 107919 Brian P Swan 1,623.7810.21.09 Employee luncheon workshop10/21/2009Inv. 0102 11/06/2009 $45.00CheckDatePaid: Amount: 107920 Taho Sportswear 45.005-Bocce Champs t shirts10/14/2009Inv. 09TF1953 11/06/2009 $4,725.00CheckDatePaid: Amount: 107921 Team Personnel Services Inc 4,725.0010.22.09 Raise dome temp help10/24/2009Inv. 53056 11/06/2009 $1,046.00CheckDatePaid: Amount: 107922 Thomas & Sons Construction Inc 879.50ReimbBraunIntertecinv/36th Ave reconstr proj10/26/2009Inv. 312481 166.50ReimbBraunIntertecinv/36th Ave reconstr proj10/26/2009Inv. 313148 11/06/2009 $100.89CheckDatePaid: Amount: 107923 Tierney Bros. Inc. 100.89Eng/4 tape cartridge10/15/2009Inv. 5662081 Page 7 of 19 11/16/2009 Page 11 11/06/2009 $65.07CheckDatePaid: Amount: 107924 Toll Company 65.07Acetylene@43.3810/15/2009Inv. 283818 11/06/2009 $4,945.00CheckDatePaid: Amount: 107925 Total Control Systems Inc 4,945.00PWmonitoringpanelfinal10/16/2009Inv. 5023 11/06/2009 $4,000.00CheckDatePaid: Amount: 107926 Town & Country Fence Inc. 4,000.00Zacharyblfld #1 fence repair10/23/2009Inv. 22593 11/06/2009 $246.88CheckDatePaid: Amount: 107927 Tri-K Services, Inc. 246.8810.5/10.20.09 22yd Pulv topsoil10/29/2009Inv. 3832 11/06/2009 $4,848.88CheckDatePaid: Amount: 107928 Trugreen Chemlawn 436.0710-20-09 Greenwood Elementary10/22/2009Inv. 902946 641.2810-29-09 Ridgemount10/22/2009Inv. 902947 80.1610-22-09 Shenandoah10/22/2009Inv. 902948 1,410.8210-29-09 Parkers Lk Playfield10/22/2009Inv. 902949 1,596.7910-22-09 Zachary Playfield10/22/2009Inv. 902951 392.7810-21-09 Shiloh10/22/2009Inv. 902952 80.1610-22-09 Southwood Green Park10/22/2009Inv. 902953 210.8210-22-09 Timber Shores10/22/2009Inv. 902954 11/06/2009 $150.84CheckDatePaid: Amount: 107929 USA Mobility Wireless Inc 150.8410.22/11.21.09 RAD pager rentals10/20/2009Inv. S0320490J 11/06/2009 $71.61CheckDatePaid: Amount: 107930 Viking Trophies 71.618x10marbleplaque/7x9 marble plaque football10/27/2009Inv. 97172 11/06/2009 $4,658.00CheckDatePaid: Amount: 107931 Woodcrest Development of Plymouth LLC 4,658.00PavingoftrailWoodcrestdev07/28/2009Inv. 100 11/06/2009 $7,969.73CheckDatePaid: Amount: 107932 Wright-Henn Elec. Co. 7,969.73StreetLighting10/30/2009Inv. 091115 11/06/2009 $26,880.06CheckDatePaid: Amount: 107933 Xcel Energy 4,202.908.29/9.30.09 11 Lift Stations10/14/2009Inv. 51520312001009 22,363.328.29/10.15.09 FS1, FS2, PW,IC10/26/2009Inv. 51671079401009 313.841873511thcablerepairs10/13/2009Inv. 51940103831009 11/06/2009 $1,225.25CheckDatePaid: Amount: 107934 Yogastudio in Plymouth LLC 1,225.259.1/10.26.09 Yoga classes10/28/2009Inv. 1074 11/06/2009 $20.78CheckDatePaid: Amount: 107935 FedEx 20.7810.7/10.20.09 IT deliveries10/28/2009Inv. 938096132 11/06/2009 $19.97CheckDatePaid: Amount: 107936 Nicholas Benesch 19.9710.27/10.29.09 Duluth conf/"Toward Zero Death" 10/29/2009Inv. 091029 11/06/2009 $69.93CheckDatePaid: Amount: 107937 Dan Carlson 69.93BoatersWorld/battery charger10/17/2009Inv. 091017 11/06/2009 $54.89CheckDatePaid: Amount: 107938 Karol J Greupner 54.89Target/CD player&Box for program10/29/2009Inv. 091029 11/06/2009 $1,062.09CheckDatePaid: Amount: 107939 GTSI Corp 1,062.09Blackberrymaintenance10/13/2009Inv. 254386 11/06/2009 $399.69CheckDatePaid: Amount: 107940 Richard Kline 218.1910.15.09 lodging Duluth conf/MN State Fire Chief10/15/2009Inv. 091015 181.5010.17.09 330 Miles Duluth conf10/17/2009Inv. 091017 Page 8 of 19 11/16/2009 Page 12 11/06/2009 $461.92CheckDatePaid: Amount: 107941 Rick Luth 169.4010.15/10.16.09 308 Miles Duluth conf10/15/2009Inv. 091015 292.5210.15/10.16 lodging Duluth conf MSFC10/16/2009Inv. 091016 11/06/2009 $59.00CheckDatePaid: Amount: 107942 Regina Michaud 59.00Broadwaypartyrental/helium tank/halloween party 10/30/2009Inv. 091030 11/06/2009 $132.29CheckDatePaid: Amount: 107943 Sara Mittelstaedt 132.2910.29.09 PIzza Hut-Sr program10/29/2009Inv. 091029 11/06/2009 $387.87CheckDatePaid: Amount: 107944 Muncy, Rene 387.87Fall09Tuitionreimb/Princ Micro Economics10/12/2009Inv. 091012 11/06/2009 $100.00CheckDatePaid: Amount: 107945 National Recreation & Park Assoc 100.00Nationalaccreditationfee11/04/2009Inv. 091104 11/06/2009 $655.00CheckDatePaid: Amount: 107946 Scott Whiteford 655.00Fall09Tuitionreimb/PD Mgmnt & Leadership10/21/2009Inv. 091021 11/06/2009 $50.00CheckDatePaid: Amount: 107947 Arendt, Linda 50.00ParksandRecRefund11/04/2009Inv. Park - 6 11/06/2009 $5.00CheckDatePaid: Amount: 107948 Banavige, Mary 5.00ParksandRecRefund11/04/2009Inv. Park - 1 11/06/2009 $21.33CheckDatePaid: Amount: 107949 Elbarbary, Mary 21.33ParksandRecRefund11/04/2009Inv. Park - 7 11/06/2009 $32.00CheckDatePaid: Amount: 107950 Hermanson, Carol 32.00ParksandRecRefund11/04/2009Inv. Park - 4 11/06/2009 $112.63CheckDatePaid: Amount: 107951 Parkers Lake Gang 112.63ParksandRecRefund11/04/2009Inv. Park - 3 11/06/2009 $64.37CheckDatePaid: Amount: 107952 Restrepo, Mary 64.37ParksandRecRefund11/04/2009Inv. Park - 5 11/06/2009 $3.00CheckDatePaid: Amount: 107953 Warner, Rita Mary 3.00ParksandRecRefund11/04/2009Inv. Park - 2 11/06/2009 $194.52CheckDatePaid: Amount: 107954 Dee Gause 194.52RplcP/R ck 129379 issued 9.19.0811/05/2009Inv. 080919 11/13/2009 $28.83CheckDatePaid: Amount: 107955 A-1 Outdoor Power Inc 28.832Bladefixture10/01/2009Inv. 232640 11/13/2009 $51.20CheckDatePaid: Amount: 107956 Accurint - Account # 1034558 51.20Oct09LexisNexis10/31/2009Inv. 103455820091031 11/13/2009 $392.13CheckDatePaid: Amount: 107957 Acme Electric Companies 272.5018VImpactwrench,18V compact drill,RR pick10/23/2009Inv. 6974 86.51Tiehook,wrench,punch,drill bit,bucket10/01/2009Inv. 8393556 33.123/4 Drill bit10/19/2009Inv. 8414937 11/13/2009 $173.18CheckDatePaid: Amount: 107958 Adam's Pest Control, Inc. 74.81Oct09PCCPestControl10/23/2009Inv. 532789 98.37Oct-Dec09 IC Pest Control10/02/2009Inv. 533497 11/13/2009 $87.69CheckDatePaid: Amount: 107959 American Fastener 87.69Hxnut/hx cap/plow bolt/roller chain10/20/2009Inv. 00163629 11/13/2009 $42.00CheckDatePaid: Amount: 107960 American Red Cross Assoc. 42.00KristinJohnsonBBST7.25.09 registration10/22/2009Inv. R9003503 Page 9 of 19 11/16/2009 Page 13 11/13/2009 $19.51CheckDatePaid: Amount: 107961 Athletica/Sport Systems Unlimited 19.51Adjtripodskateaiddemofortrial10/22/2009Inv. 0029668IN 11/13/2009 $117.00CheckDatePaid: Amount: 107962 Cristina Baker 117.00PrincessTeaTime10/31/2009Inv. 70808 11/13/2009 $121.56CheckDatePaid: Amount: 107963 Batteries Plus 35.263.6V LI Ion10/12/2009Inv. 21134006 51.043VLithiumcoin10/27/2009Inv. 21134890 35.263.6V LI ION Nextel10/27/2009Inv. 21134892 11/13/2009 $200.00CheckDatePaid: Amount: 107964 BCA/Bureau of Criminal 50.00Smith10.13.09 Intoxilyzer 5000 recertif10/21/2009Inv. 10093278 50.00Kuklok10.13.09 Intoxilyzer 5000 recertif10/21/2009Inv. 10094821 50.00Topp10.20.09 Intoxilyzer 5000 recertif10/21/2009Inv. 10095333 50.00Richardson10.14.09 Intoxilyzer 5000 recertif10/21/2009Inv. 10097170 11/13/2009 $109.86CheckDatePaid: Amount: 107965 Becker Arena Products Inc 109.861setolyedgerblade10/20/2009Inv. 00076118 11/13/2009 $206.54CheckDatePaid: Amount: 107966 Bertelson Total Office Solutions 40.05Twocolormntlydskpd/recycled wkly appt/exectv plnnr 10/23/2009Inv. WO5850441 58.20Quickntsedtnmnthly/lg dsk plnnr/hrly appt bk10/23/2009Inv. WO5850501 39.5331/2 in expnsn file pckts10/23/2009Inv. WO5851251 8.812-Refill ink 10ml bottle red10/23/2009Inv. WO5851401 31.102-Docupocket portrait wall file pocket10/23/2009Inv. WO5851901 28.852incapacityreinforcedhangingfilefolder10/23/2009Inv. WO5851971 11/13/2009 $614.53CheckDatePaid: Amount: 107967 Brooklyn Printing 614.5310,000 Plymouth Dial A Ride Guide10/19/2009Inv. 102164259 11/13/2009 $2,071.05CheckDatePaid: Amount: 107968 C S McCrossan Construction Inc 2,071.0510.19/10.20.09 41.55ton LVWE45030B rap/41 A Wear 10/20/2009Inv. 7767MB 11/13/2009 $697.04CheckDatePaid: Amount: 107969 CDW Government Inc 38.46Edge1gb10/20/2009Inv. QPP3903 382.84Magteckdualheadswipeusb10/20/2009Inv. QPP6962 275.74MSsldofficestd200710/20/2009Inv. QPS3133 11/13/2009 $2,210.75CheckDatePaid: Amount: 107970 Ceco Crane Ltd 2,210.7510.19.09 Crane Rental/dome bundles to field10/19/2009Inv. 00010801 11/13/2009 $936.28CheckDatePaid: Amount: 107971 CenterPoint Energy 936.289.22/10.19.09 CWP So10/23/2009Inv. 602784621009 11/13/2009 $395.00CheckDatePaid: Amount: 107972 City of Brooklyn Park 395.00RyanHazen12.7/12.11.09 PPCT training11/09/2009Inv. 091207 11/13/2009 $1,179.43CheckDatePaid: Amount: 107973 City of Plymouth/Sewer & Water 946.95GreenwoodPark10/22/2009Inv. 23764900102209 219.48SouthwoodGreen10/22/2009Inv. 24181138102209 13.00LawndaleLane10/22/2009Inv. 24202295102209 11/13/2009 $20.19CheckDatePaid: Amount: 107974 Clare'n Al Enterprises Inc 20.19AmyMoen2plates10/06/2009Inv. 12905 Page 10 of 19 11/16/2009 Page 14 11/13/2009 $282.32CheckDatePaid: Amount: 107975 Comcast 94.10Sep09ZWPcomcastline10/16/2009Inv. 091016 94.11Oct09ZWPcomcastline10/16/2009Inv. 091016A 94.11Nov09ZWPcomcastline10/16/2009Inv. 091016B 11/13/2009 $1,248.00CheckDatePaid: Amount: 107976 Crow River Senior Center 1,248.0011.5.09 Gangster Trip Plym portion11/05/2009Inv. 091105 11/13/2009 $286.68CheckDatePaid: Amount: 107977 Cub Foods /3550 Vicksburg 286.68Oct09FoodCharges10/31/2009Inv. 091031 11/13/2009 $589.96CheckDatePaid: Amount: 107978 Custom Headsets Inc. 294.98ScottAndersonHeadset10/21/2009Inv. 44443 294.98KristenChongHeadset10/21/2009Inv. 44444 11/13/2009 $13,248.23CheckDatePaid: Amount: 107979 Dakota Supply Group 12,132.45243/4" M35 short/48 MDL35 Gal rtr w/int ert/replacement meters 10/23/2009Inv. 6242969 1,115.78123/4" #2,12 3/4" #3 setters/replacement10/23/2009Inv. 6242983 11/13/2009 $2,585.00CheckDatePaid: Amount: 107980 Dalbec Roofing Inc 2,585.0010.5/10.13.09 Plym Creek Shelter roof repairs10/27/2009Inv. 45870 11/13/2009 $222.19CheckDatePaid: Amount: 107981 Discount Steel Inc 222.196" sched 40 bare pipe x 21' 10/28/2009Inv. 01560937 11/13/2009 $2,870.06CheckDatePaid: Amount: 107982 Dorsey & Whitney LLP 2,870.06Thru9.30.09 TIF 7-6 & 1-1 legal services10/16/2009Inv. 1608901 11/13/2009 $47.03CheckDatePaid: Amount: 107983 Dundee Nursery&Landscaping Co. 47.03Plantbasket - Elzy10/28/2009Inv. 10298939 11/13/2009 $893.55CheckDatePaid: Amount: 107984 Electrical Installation & Mnt 197.80Signalrelampth55@industrialohgreenled10/20/2009Inv. 0010897IN 161.75Signalrelampoldrockford@Vicksburg10/20/2009Inv. 0010899IN 107.00Signalrelamp36thAve@Vicksburgebohgreen10/20/2009Inv. 0010900IN 200.00Handholework-36 @ Vicksburg lower handhole for sidewk 10/20/2009Inv. 0010902IN 110.00Gopherstate-locate peony @ schmidt lake road10/20/2009Inv. 0010903IN 117.00Signalrelampth55@Niagranbohgreenarrow10/20/2009Inv. 0010904IN 11/13/2009 $1,401.25CheckDatePaid: Amount: 107985 Emergency Apparatus Maint. 1,401.25Ladder31rpraerialrotationwhileshortjacked10/20/2009Inv. 44178 11/13/2009 $865.64CheckDatePaid: Amount: 107986 eQuality Pathways to Potential 160.31Oct09ICJanitorial10/31/2009Inv. 091031 705.33Oct09PCCJanitorial10/31/2009Inv. 091031A 11/13/2009 $271.46CheckDatePaid: Amount: 107987 ESS Bros. 271.464frameonly4" high/sanitary lid only10/28/2009Inv. MM5346 Page 11 of 19 11/16/2009 Page 15 11/13/2009 $759.17CheckDatePaid: Amount: 107988 Factory Motor Parts Co 51.853-fuel cart10/23/2009Inv. 13208494 246.95Motorandfanasy10/19/2009Inv. 61178426 39.02Oilfilter10/19/2009Inv. 61178537 109.20T/sig switch10/22/2009Inv. 61179356 172.00Padkit/air filt/3-fuel filter/8-oil filter/3-winter blade10/22/2009Inv. 61179426 84.14Wswmtrcover10/22/2009Inv. 61179457 56.016-Oil filt/element10/23/2009Inv. 61179794 11/13/2009 $265.67CheckDatePaid: Amount: 107989 Fastenal 240.31860varscrews/nails08/31/2009Inv. MNPLY35416 25.3640CB3/8-16x3 1/2 galv09/16/2009Inv. MNPLY35642 11/13/2009 $197.48CheckDatePaid: Amount: 107990 Filtration Systems Inc. 197.48CWP212x24,12 24x24 filters10/28/2009Inv. 32480 11/13/2009 $487.28CheckDatePaid: Amount: 107991 Four Seasons Automotive 487.28Refundfortaxexemptclaim11/09/2009Inv. 227261 11/13/2009 $2,565.00CheckDatePaid: Amount: 107992 Funfar Landscaping LLC 2,565.00Plant92" B&B Kentucky Coffeetrees/Plym Blvd11/02/2009Inv. 091102 11/13/2009 $324.58CheckDatePaid: Amount: 107993 G & K Service Inc 324.58PublicworksUniformrental10/23/2009Inv. 1006863462 11/13/2009 $1,605.70CheckDatePaid: Amount: 107994 General Repair Service 1,605.70ImperialHillsLSrepairs10/21/2009Inv. 35379 11/13/2009 $1,006.45CheckDatePaid: Amount: 107995 Gopher State One-Call, Inc. 974.55Oct09669SWlocates10/31/2009Inv. 9100782 31.90Oct0922CClocates10/31/2009Inv. 9100783 11/13/2009 $2,818.55CheckDatePaid: Amount: 107996 Grainger 1,841.03H18ftUtilityscaffold10/09/2009Inv. 9095084787 28.66Bootsize810/19/2009Inv. 9102200129 47.72D-ring anchor bolt/wedge anchor stl10/21/2009Inv. 9104084208 115.01Concreterepair10/21/2009Inv. 9104084216 330.1212-Vest type 210/22/2009Inv. 9105064514 64.98Inletmarine15a10/23/2009Inv. 9105794987 391.0312-Lamp 1000w10/23/2009Inv. 9106403372 11/13/2009 $1,005.24CheckDatePaid: Amount: 107997 Graybar 276.36Conduitparts10/21/2009Inv. 944232300 87.85Conduitparts10/21/2009Inv. 944240611 86.89Conduitparts10/21/2009Inv. 944240612 329.66SCADAconduit & parts10/30/2009Inv. 944416972 224.48SCADAconduit & parts10/30/2009Inv. 944416973 11/13/2009 $443.19CheckDatePaid: Amount: 107998 Graybow 443.19Projectorbulb10/26/2009Inv. 0067888IN Page 12 of 19 11/16/2009 Page 16 11/13/2009 $1,520.14CheckDatePaid: Amount: 107999 Hamel Lumber and Supply Inc 1,225.46Oct09HardwareSupplies10/01/2009Inv. 73049 10.64Oct09HardwareSupplies10/05/2009Inv. 73147 8.11Oct09HardwareSupplies10/28/2009Inv. 73154 23.76Oct09HardwareSupplies10/05/2009Inv. 73170 9.91Oct09HardwareSupplies10/28/2009Inv. 73194 9.25Oct09HardwareSupplies10/06/2009Inv. 73229 21.93Oct09HardwareSupplies10/09/2009Inv. 73288 50.25Oct09HardwareSupplies10/28/2009Inv. 73316 5.94Oct09HardwareSupplies10/19/2009Inv. 73510 6.87Oct09HardwareSupplies10/20/2009Inv. 73539 4.84Oct09HardwareSupplies10/28/2009Inv. 73634 75.78Oct09HardwareSupplies10/23/2009Inv. 73637 27.84Oct09HardwareSupplies10/28/2009Inv. 73773 5.44Oct09HardwareSupplies10/28/2009Inv. 73783 19.56Oct09HardwareSupplies10/28/2009Inv. 73784 12.57Oct09HardwareSupplies10/29/2009Inv. 73801 1.99Oct09HardwareSupplies10/29/2009Inv. 73825 11/13/2009 $637.67CheckDatePaid: Amount: 108000 Hawk Performance Specialties 637.67Spreadercloth,board brush,brush arm,roll pin10/23/2009Inv. 846 11/13/2009 $472.80CheckDatePaid: Amount: 108001 Highway Technologies Inc 472.80Barricaderentals10/17/2009Inv. 358186001 11/13/2009 $328.74CheckDatePaid: Amount: 108002 Hillyard Inc - Minneapolis 328.74Kitswivelhose/squeegee 14in with roll/gun spray10/21/2009Inv. 7285210 11/13/2009 $3,749.12CheckDatePaid: Amount: 108003 Home Depot 3,749.129/27-10/27 Hardware Charges10/27/2009Inv. 091030 11/13/2009 $191.32CheckDatePaid: Amount: 108004 Independent School District 284 191.32Oct09Gymnasticsbldguse10/01/2009Inv. 21174 11/13/2009 $3,625.00CheckDatePaid: Amount: 108005 Leffler Printing Company Inc 3,625.00Nov-Dec09 Plymouth News10/29/2009Inv. 15999 11/13/2009 $986.00CheckDatePaid: Amount: 108006 Loretto Auto Recondition 986.00Unit5003Claim2009.26 accident repairs10/22/2009Inv. 26931 11/13/2009 $75.00CheckDatePaid: Amount: 108007 Lund Martin Construction Inc 75.00RefundPlanModificationapplicfeeR2009.448209/28/2009Inv. 090928 11/13/2009 $185.64CheckDatePaid: Amount: 108008 Metro Athletic Supply Inc 185.644-phantom soccer balls/2dz yonex shuttlecocks10/20/2009Inv. 119460 11/13/2009 $320.63CheckDatePaid: Amount: 108009 Minnesota Pipe & Equipment 320.6310Varsizereplacementnuts10/20/2009Inv. 0246551 11/13/2009 $32,730.47CheckDatePaid: Amount: 108010 Musco Sports Lighting LLC 32,730.47ZacharyParklightingprojectmaterialsonly10/06/2009Inv. 201446 Page 13 of 19 11/16/2009 Page 17 11/13/2009 $47.59CheckDatePaid: Amount: 108011 NAPA Geniune Auto Parts Co 28.18Seatcover,Stoner glass10/02/2009Inv. 162113 19.65) Return seat cover10/02/2009Inv. 162124 3.182Mirror/truck 170410/15/2009Inv. 163705 11.42Unit20A-21 blades10/23/2009Inv. 164801 15.49Brkfluid10/28/2009Inv. 165323 8.973Pinacolada10/29/2009Inv. 165501 11/13/2009 $3,963.18CheckDatePaid: Amount: 108012 Robert Nesbitt 729.077.27/8.2.09 716 Mileage,lodge,meals Duluth HAMC 08/05/2009Inv. 090802 40.139.2.09 46 Mileage,lunch/Elk River09/02/2009Inv. 090902 97.399.10.09 154 Mileage,lunch,prkng Rochester mtg09/10/2009Inv. 090910 38.139.21/9.24.09 59 Mileage,lunch/HAMC pres09/24/2009Inv. 090924 173.4710.15/10.29.09 282 Mileage,prk,lunch Duluth10/29/2009Inv. 091029 186.9911.3/11.4.09 316 Mileage,lunch Proctor MN11/04/2009Inv. 091104 2,698.0010.26/11.6.09 MN Joint Analysis11/06/2009Inv. 091106 11/13/2009 $49.90CheckDatePaid: Amount: 108013 New Paper LLC 49.90Oct09InHousecharges10/31/2009Inv. 091031 11/13/2009 $17,896.75CheckDatePaid: Amount: 108014 North Country Concrete Inc 17,896.75Round3ofcurb & gutter rplcmnt10/14/2009Inv. 92224 11/13/2009 $506.91CheckDatePaid: Amount: 108015 Northern Sanitary Supply Co 75.72PW -1case tissue cormatic10/20/2009Inv. 138341 177.36Laundrydetergnt/germ disinfectnt/10bx gloves/hnd soap 10/20/2009Inv. 138344 253.83Handsoap/wipers/gloves/disinfectnt/handsoap10/23/2009Inv. 138445 11/13/2009 $62.63CheckDatePaid: Amount: 108016 Northern Water Works Supply 62.6312pvcsewercap10/23/2009Inv. S01227332001 11/13/2009 $384.34CheckDatePaid: Amount: 108017 Office Depot 69.18Refill2pagepermonth/per day/per week10/20/2009Inv. 492619867001 28.11Refillclorig10/16/2009Inv. 492620248001 46.28Medmrkr/highlghtr/lsr labels/ij labels/highltr10/19/2009Inv. 492804805001 86.45Filestorage10/19/2009Inv. 492884464001 43.69Enrgzrbattery10/21/2009Inv. 493999088001 2.66Portfoliopocket10/23/2009Inv. 494340678001 6.53Wipesdisinfectant10/23/2009Inv. 494372419001 22.43Industrialbattery/air duster10/23/2009Inv. 494381249001 25.19IJlabel10/23/2009Inv. 494388918001 15.77Walletaccordionltr10/23/2009Inv. 494443859001 38.055pk-Time cards10/28/2009Inv. 495044908001 11/13/2009 $90.00CheckDatePaid: Amount: 108018 Office of Enterprise Technolog 90.00Oct09WideAreaNetwork10/31/2009Inv. DV09100341 11/13/2009 $170.00CheckDatePaid: Amount: 108019 Ole and Lena's Garage Door Svc 170.00CCReceiveronreceivingdooroperatornot working 10/19/2009Inv. 43895 Page 14 of 19 11/16/2009 Page 18 11/13/2009 $392.78CheckDatePaid: Amount: 108020 On Site Sanitation 185.4410-17/10-30 Elm Creek Playfield11/02/2009Inv. A379562 25.6510-17/10-30 Dog Park/Eagan Park11/02/2009Inv. A379563 79.0910-17/10-30 Aphitheater10/28/2009Inv. A379564 25.6510-17/10-30 Pilgrim Lane elementary10/28/2009Inv. A379565 25.6510-17/10-30 10-17/10-30 Ridgemount Playfield10/28/2009Inv. A379566 51.3010-17/10-30 Parkers Lake Playfield10/28/2009Inv. A379567 11/13/2009 $19.16CheckDatePaid: Amount: 108021 OnTrac 19.1610.26.09 Attorney P/U courier serv10/31/2009Inv. 8395365 11/13/2009 $550.58CheckDatePaid: Amount: 108022 Owens Companies Inc 550.58PWrplcfurnanceblowermotor10/22/2009Inv. 31049 11/13/2009 $1,215.00CheckDatePaid: Amount: 108023 Pilates MN 1,215.009.28/11.3.09 Pilates instr11/02/2009Inv. 091103 11/13/2009 $1,345.00CheckDatePaid: Amount: 108024 Plymouth Senior Program Fund 1,345.0010.14.09 Fashion Show Luncheon10/14/2009Inv. 091014 11/13/2009 $1,099.51CheckDatePaid: Amount: 108025 Pond & Lighting Designs Inc 278.00Fall'09 Parkers fountain/aerator removal10/22/2009Inv. 00005047 278.00Fall'09 Amphitheater fountain/aerator removal10/22/2009Inv. 00005048 376.00Fall'09 Zachary fountain/aerator removal10/22/2009Inv. 00005049 167.51Fall'09 Zach fountain replace relay kit10/20/2009Inv. 00005069 11/13/2009 $7,837.00CheckDatePaid: Amount: 108026 Postmaster / Window D-12 7,837.00BulkPermit1889postagedeposit/Plym Newsltr11/09/2009Inv. 091110 11/13/2009 $54.00CheckDatePaid: Amount: 108027 Printers Service Inc 54.003-77" ice knife sharp10/20/2009Inv. 244086 11/13/2009 $376.00CheckDatePaid: Amount: 108028 Professional Aquarium Mnt Inc 376.00Oct09PCCAquariumservice10/01/2009Inv. 091001 11/13/2009 $350.00CheckDatePaid: Amount: 108029 Public Risk Management Assoc 350.00Nov09/Nov10 McLearen Membership10/30/2009Inv. 1110130809 11/13/2009 $1,135.42CheckDatePaid: Amount: 108030 Randy's Sanitation Inc 54.02Oct09CWPRubbishRemoval10/19/2009Inv. 112118191009 59.25Oct09ZWPRubbishRemoval10/19/2009Inv. 112572181009 249.12Nov09PCCRubbishRemoval10/19/2009Inv. 114317481109 309.07Oct09PW/PM Rubbish Removal10/19/2009Inv. 141321009 463.96Oct09CCRubbishRemoval10/19/2009Inv. 141571009 11/13/2009 $472.32CheckDatePaid: Amount: 108031 Reed Business Information 472.3210.19.09 Campus Dr/26th M&O proj advertise10/21/2009Inv. 4267336 11/13/2009 $2,133.27CheckDatePaid: Amount: 108032 Reinders Inc 2,133.27236varcolorLED,adaptor power cord10/20/2009Inv. 300175700 11/13/2009 $696.00CheckDatePaid: Amount: 108033 S & S Tree&Horticultural Spec 696.00170259thAveforcecut10/21/2009Inv. 35487 11/13/2009 $997.20CheckDatePaid: Amount: 108034 Sam's Club 997.2010.21/10.26.09 P&R Prog splys/employee recognition 11/02/2009Inv. 091102 11/13/2009 $400.00CheckDatePaid: Amount: 108035 Jeff Sandino 400.0011.4.09 Traditional French Cuisine11/04/2009Inv. 091104 Page 15 of 19 11/16/2009 Page 19 11/13/2009 $32.86CheckDatePaid: Amount: 108036 Scharber & Sons Inc 32.86Fuel&oil filters10/23/2009Inv. 022015582 11/13/2009 $306.00CheckDatePaid: Amount: 108037 Science Explorers 306.0011.5/11.19.09 Stars, Planets and Stories11/09/2009Inv. 1881 11/13/2009 $40.75CheckDatePaid: Amount: 108038 Al Sether 40.75ReimbrplcBikingClubtwo-way radio11/02/2009Inv. 091102 11/13/2009 $146.00CheckDatePaid: Amount: 108039 Shred N Go Inc 146.00Oct09ShreddingService10/23/2009Inv. 14224 11/13/2009 $4,153.88CheckDatePaid: Amount: 108040 Sprint 4,101.699.15/10.14.09 165 Cellular phones10/18/2009Inv. 568612126084 52.199.15/10.14.09 Voller 238.145410/18/2009Inv. 653318813023 11/13/2009 $20.99CheckDatePaid: Amount: 108041 Street Fleet 20.9910.27.09 Fr: Ziegler10/31/2009Inv. 246256 11/13/2009 $39.99CheckDatePaid: Amount: 108042 Streicher's Inc 39.99Trousers/shirt10/23/2009Inv. I677263 11/13/2009 $2,198.95CheckDatePaid: Amount: 108043 Suburban Tire Wholesale Inc 184.892P235/75R16 tires10/09/2009Inv. 10086858 469.694P235/55R17 98V Eag UG tires10/13/2009Inv. 10086958 469.694P235/55R17 98V Eag tires10/13/2009Inv. 10086959 117.29123x10.5 12Turf master 4 ply10/13/2009Inv. 10086969 498.174LT245/75R16 E WRG tire10/14/2009Inv. 10086986 459.224LT225/75R16 D Wrg tire10/15/2009Inv. 10087045 11/13/2009 $25.00CheckDatePaid: Amount: 108044 Joseph Sullivan 25.0011.4.09 Photography class11/04/2009Inv. 091104 11/13/2009 $92.95CheckDatePaid: Amount: 108045 Sun Newspapers/Notices 42.90LiquorlicenseVINO10010/22/2009Inv. 1212960 50.05File200905910/22/2009Inv. 1212961 11/13/2009 $16.35CheckDatePaid: Amount: 108046 Superior Ford, Inc. 16.355-Key b10/22/2009Inv. 490991 11/13/2009 $891.34CheckDatePaid: Amount: 108047 Supreme Building Maintenance 223.37Oct09CheshireMetrolinkcleaning10/05/2009Inv. 101519 667.97Oct09Station73cleaning10/05/2009Inv. 1015209 11/13/2009 $185,646.00CheckDatePaid: Amount: 108048 SW/WC Service Cooperatives 185,646.00Dec09BCBSMedicalInsurance11/09/2009Inv. 091201 11/13/2009 $299.25CheckDatePaid: Amount: 108049 Taho Sportswear 299.2575-youth t shirts10/22/2009Inv. 09TF2010 11/13/2009 $113.30CheckDatePaid: Amount: 108050 Terminal Supply Company 113.306-mini ball valve10/21/2009Inv. 1380800 11/13/2009 $682.50CheckDatePaid: Amount: 108051 The Canine Coach 682.504.5/7.18.09 Spring/Summer obedience classes07/18/2009Inv. 090709 11/13/2009 $428,382.04CheckDatePaid: Amount: 108052 Thomas & Sons Construction Inc 428,382.04Proj8104 #1 36th Ave Reconstr10/28/2009Inv. 091028 11/13/2009 $145.83CheckDatePaid: Amount: 108053 Toll Company 72.902-Propane fuel10/20/2009Inv. 284335 72.933-propane fuel @ 20.9310/22/2009Inv. 284708 Page 16 of 19 11/16/2009 Page 20 11/13/2009 $1,662.50CheckDatePaid: Amount: 108054 Total Control Systems Inc 1,662.50Well10overloadrelayw/transformer,heaters W39 10/22/2009Inv. 5025 11/13/2009 $16,658.61CheckDatePaid: Amount: 108055 Trugreen Chemlawn 1,128.6510-20 Plym Creek Playfld10/28/2009Inv. 902950 1,563.1810/21 Plym Creek10/21/2009Inv. 902955 4,311.5810-30-09 Ampitheater10/28/2009Inv. 904245 9,655.2010-30-09 Ply Hardenburgh buckhorn10/28/2009Inv. 904250 11/13/2009 $115.00CheckDatePaid: Amount: 108056 University of Minnesota 115.00SherryMiller2.9.10 Erosion Control Recertif11/09/2009Inv. 100209 11/13/2009 $300.00CheckDatePaid: Amount: 108057 Untiedt's Garden Market 300.002binspumpkinsforopenhouse/cities share10/07/2009Inv. 53158 11/13/2009 $8,222.09CheckDatePaid: Amount: 108058 Valley Rich Co Inc 4,439.0910.1/10.7.09 Sewer line break repairs10/07/2009Inv. 14907 3,783.0010.20 4236 Lancaster sewer break repairs10/20/2009Inv. 14943 11/13/2009 $2,272.96CheckDatePaid: Amount: 108059 Vance Brothers Inc 2,272.96905glCRS-209/08/2009Inv. 16398 11/13/2009 $445.53CheckDatePaid: Amount: 108060 Veterinary Center on Main 100.0410.13.09 Stryker K-9 vet services10/13/2009Inv. 091013 345.4910.20.09 Stryker K-9 vet services10/20/2009Inv. 091020 11/13/2009 $1,080.00CheckDatePaid: Amount: 108061 Vision Internet Providers Inc 1,080.00Onsitconsulting/website wireframe11/02/2009Inv. 16500 11/13/2009 $2,111.00CheckDatePaid: Amount: 108062 Water Conservation Services Inc 2,111.009.30/10.21.09 Watermain leak detection11/02/2009Inv. 1525 11/13/2009 $294.00CheckDatePaid: Amount: 108063 WSB & Associates 294.00Sep09MSATrafficCounts10/29/2009Inv. 018670004 11/13/2009 $60,396.24CheckDatePaid: Amount: 108064 Xcel Energy 60,396.249.14/10.15..09 PCC,CC,PS,FS3,HS,Residential Str lites 10/30/2009Inv. 51626172431009 11/13/2009 $238.95CheckDatePaid: Amount: 108065 Zee Medical Service 238.95PWMedicalresupply10/23/2009Inv. 54109138 Page 17 of 19 11/16/2009 Page 21 11/13/2009 $18,832.64CheckDatePaid: Amount: 108066 Ziegler Inc 343.26Bell10/28/2009Inv. PC001171259 993.94EMedPortable302Generatormaint/inspec10/22/2009Inv. SW050139079 993.94EMedPortable305generatormaint/inspec10/22/2009Inv. SW050139080 619.88EMedPortable325Generatormaint/inspec10/22/2009Inv. SW050139081 619.88EMedPortable332Generatormaint/inspec10/22/2009Inv. SW050139082 1,143.56MissionLSGeneratormaint/inspec10/22/2009Inv. SW050139083 1,528.31Well3Generatormaint/inspec10/22/2009Inv. SW050139084 1,528.31CWPGeneratormaint/inspec10/22/2009Inv. SW050139085 1,528.31Well15Generatormaint/insp10/22/2009Inv. SW050139086 2,116.13ZWPGeneratormaintenance10/22/2009Inv. SW050139087 1,528.31BassLkLSGeneratormaint/inspec10/22/2009Inv. SW050139088 2,116.13ReservoirGeneratormaint/inspec10/22/2009Inv. SW050139089 619.88MissionFarmGeneratormaint/inspec10/22/2009Inv. SW050139092 315.28CWPGeneratormaint/inspec10/23/2009Inv. SW050139302 315.28Well3Generatormaint/inspec10/23/2009Inv. SW050139303 315.28ReservoirGeneratormaint/inspec10/23/2009Inv. SW050139304 315.28ZWPGeneratormaint/inspec10/23/2009Inv. SW050139305 315.28ZWPGeneratormaint/inspec10/23/2009Inv. SW050139306 315.28Well15Generatormaint/insp10/23/2009Inv. SW050139307 315.28Well14Generatormaint/inspec10/23/2009Inv. SW050139308 315.28MissionFarmGeneratormaint/inspec10/23/2009Inv. SW050139309 315.28LancasterLSGeneratormaint/inspec10/23/2009Inv. SW050139310 315.28BassLkLSGeneratormaint/inspec10/23/2009Inv. SW050139311 11/13/2009 $44.00CheckDatePaid: Amount: 108067 Community Health Charities 44.00CHARCHC - Community Health Charities11/06/2009Inv. 2009-00000313 11/13/2009 $67.10CheckDatePaid: Amount: 108068 Paul Kingsbury 67.1010.27.09 122 Miles to Waite Park/Ethics Seminar10/27/2009Inv. 091027 11/13/2009 $1,365.00CheckDatePaid: Amount: 108069 Law Enforce Labor Serv./Union 1,365.00DUESPOL - Police Union Dues * 11/06/2009Inv. 2009-00000317 11/13/2009 $2,728.68CheckDatePaid: Amount: 108070 MN AFSCME Council #5 2,728.68DUESMTCE - Maintenance Union Dues* 11/06/2009Inv. 2009-00000319 11/13/2009 $1,375.90CheckDatePaid: Amount: 108071 MN Child Support Payment Ctr 1,375.90CHDSUPPORT - Child Support* 11/06/2009Inv. 2009-00000320 11/13/2009 $34.00CheckDatePaid: Amount: 108072 MN Environmental Fund 34.00CHARMNENV - MN Enviromental Fund11/06/2009Inv. 2009-00000321 11/13/2009 $49.00CheckDatePaid: Amount: 108073 Open Your Heart 49.00CHAROYH - Open Your Heart11/06/2009Inv. 2009-00000322 11/13/2009 $228.41CheckDatePaid: Amount: 108074 Petty Cash 228.416.28/11.5.09 parking,luncheons,shut off valve,mtg registr 11/09/2009Inv. 091109 11/13/2009 $2.00CheckDatePaid: Amount: 108075 United Arts 2.00CHARUA - United Arts11/06/2009Inv. 2009-00000325 11/13/2009 $120.00CheckDatePaid: Amount: 108076 United Way 120.00CHARUW - United Way11/06/2009Inv. 2009-00000326 11/13/2009 $30.00CheckDatePaid: Amount: 108077 Bergstrom, Janice 30.00ParksandRecRefund11/12/2009Inv. Park - 4 Page 18 of 19 11/16/2009 Page 22 11/13/2009 $30.00CheckDatePaid: Amount: 108078 Fishbein, Leslie 30.00ParksandRecRefund11/12/2009Inv. Park - 2 11/13/2009 $34.00CheckDatePaid: Amount: 108079 Golbus, Brenda 34.00ParksandRecRefund11/12/2009Inv. Park - 3 11/13/2009 $20.00CheckDatePaid: Amount: 108080 Wilson, Michele 20.00ParksandRecRefund11/12/2009Inv. Park - 1 11/13/2009 $1,792.87CheckDatePaid: Amount: 108081 United States Treasury 1,792.8741-6008936 "Form 8038-T" Arbitrage 12.23.03/12.23.08 11/12/2009Inv. 081223 Total Payments: Total Amount Paid: $1,640,048.25252 Page 19 of 19 11/16/2009 Page 23 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING NOVEMBER 14, 2009 WHEREAS, a list of disbursements for the period ending November 14, 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 $ 207,434.06 Construction & Debt Service 449,809.77 Enterprise & Internal Service 982,574.42 Housing Redevelopment 230.00 Check Register Total $ 1,640,048.25 Visa EFT $ 6,267.93 Anchor Bank – Housing Assistance Payments Housing & Redevelopment Authority $ 264,637.60 GRAND TOTAL FOR ALL FUNDS $ 1,910,953.78 Adopted by the City Council on November 24, 2009 Page 24 1. ACTION REQUESTED: Adopt the attached Ordinance Amending Section 1015 of the City Code relating to Fireworks Display Permits. 2. BACKGROUND: On March 11, 2008, the Plymouth City Council approved an ordinance amendment to Section 1110.15 of the Plymouth City Code regulating the display of fireworks within the City. The approved amendment included requirements for permit issuance and notification. The attached ordinance establishes a $200 fee schedule for such displays. The proposed fee schedule is consistent with fees charged by other municipalities for fireworks displays. 3. BUDGET IMPACT: None 4. ATTACHMENTS: Ordinance REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.03 To: Laurie Ahrens, City Manager Prepared by: Joe Ryan, Building Official Reviewed by: Steve Juetten, Community Development Director Item: Ordinance Amending Section 1015 of the City Code relating to Fireworks Display Permits CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2009- AN ORDINANCE AMENDING CHAPTER 10 OF THE PLYMOUTH CITY CODE CONCERNING FIREWORKS DISPLAY PERMITS THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1015 of the Plymouth City Code is hereby amended as follows: 1015.21 Other Permit Fees and Charges. The fees and charges for other activities requiring a permit under this Code are set by this Subsection under the following headings: Type of Permit Fee or Charge Search Requests $15 Return Check Fee $15 Moving $150 per building Massage Therapist Certification $50 investigation fee, 50 annual certification fee Massage Therapy Center License $200 investigation fee (non refundable) 25 licensing fee Sexually Oriented Business - Primary On premises uses $5,000 annual license fee Off premises uses $1,000 annual license fee Investigation fee Actual costs, not to exceed $3,000 Sexually Oriented Business - Accessory No license fee Emptying contents of Individual Current sewer usage volume charge Sewage Disposal Systems into $10 per truck load minimum Municipal Sanitary Sewer System Signs Requiring Permits $25 per every 32 square feet and fraction thereof of surface area, up to and including 96 sq. ft. or $75 plus $5 per every 100 sq. ft. and fraction thereof of surface area, over 96 sq. ft. Street Excavation $30 Duplicate Inspection Record Cards $4 Hood and Duct Cleaning $50 Overweight Vehicle $20 per day Fireworks Display $200 GRADING PERMIT FEES Total Cubic Yards Fee 50 cubic yards or less $25 51 to 100 cubic yards $39 101 to 1,000 cubic yards $39 for the first 100 cubic yard plus 18.50 for each additional 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $205.50 for the first 1,000 cubic yards plus $15.50 for each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $345 for the first 10,000 cubic yards plus $70 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more $975 for the first 100,000 cubic yards plus $38.75 for each additional 10,000 cubic yards or fraction thereof 1. Inspection outside of normal business hours 50 per hour 2. Reinspection fees assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. 50 per hour 3. Inspections for which no fee is specifically indicated (minimum charge one-half hour) 50 per hour or the total hourly cost to the City, whichever is the greatest GRADING PLAN REVIEW FEES Total Cubic Yards Fee 50 cubic yards or less No fee 51 to 100 cubic yards $25 101 to 1,000 cubic yards $39 1,001 to 10,000 cubic yards $52.25 10,001 to 100,000 cubic yards $52.25 for the first 10,000 cubic yards plus $26 for each additional 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $286.25 for the first 100,000 cubic yards plus $14 for each additional 10,000 cubic yards or fraction thereof Other Fees 1. Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) 50* Or the total hourly cost to the City, whichever is greatest. This cost shall include supervisors, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Bow and Arrow Deer Hunting Permit $10 Ord. 94-20, 11/07/94; Ord. 95-21, 4/04/95; Ord. 96-31, 12/11/96; Ord. 96-32, 12/18/96; Ord. 98-7, 3/18/97; Ord. 98-39, 11/18/98; Ord. 2003-22, 7/11/2003; Ord. 2004-31, 11/23/2004; Ord. 2005-35, 11/29/2005; Ord. 2006-03, 1/10/06; Ord. 2006-15, 6/27/2006; Ord. 2007-06, 02/13/2007, Ord. 2008-01, 1/08/2008 ) ADOPTED by the City Council of the City of Plymouth, Minnesota this 24th day of November, 2009. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.04 To: Laurie Ahrens, City Manager Prepared by: Rick Kline, Fire Chief Reviewed by: Item: Accept Donation from the Minnesota Department of Labor and Industry for the purchase of a Thermal Imaging Camera for the Fire Department 1. ACTION REQUESTED: Approve the attached resolution accepting a $2,000 donation from the Minnesota Department of Labor and Industry, Occupational Safety and Health Consultation Unit (MN OSHA). This donation is to be used to help finance a thermal imaging camera for the City of Plymouth Fire Department. 2. BACKGROUND: The MN OSHA Consultation Unit awards funding to local municipalities to improve or enhance workplace safety. Local fire departments have been the recipients of such grants for the purchase of fire service equipment and supplies. The Plymouth Fire Department had submitted a grant request for the purchase of one thermal imaging camera (TIC). The TIC uses modern technology to provide a thermal image of the target. This technology is very useful in many fire suppression functions, hazardous material events, and in the search for missing people. The Department currently has three TIC’s -- two assigned to fire stations, one assigned to the Duty Officer. 3. DISCUSSION: MN OSHA grants provide support of various fire service activities and programs through their safety grant program. Acceptance of donations of this type reduces the impact upon the city budget. This donation will support the fire department’s ability to safely conduct fire ground suppression and rescue operations as well as assist law enforcement in their functions. It has been a continuing goal of the Department to acquire one TIC for each of our three fire stations, in addition to the TIC assigned to the Duty Officer. We have sought cost sharing opportunities in purchasing the TICs. The first TIC was donated to the City by the Plymouth Crime and Fire Prevention Fund, and a subsequent TIC was donated by a private citizen. The addition of this TIC will complete this project. 4. BUDGET IMPACT: The cost of one TIC is approximately $9,000. The 2009 fire department equipment budget will assume the cost difference ($7,000). This TIC would also be included in the equipment replacement schedule, as the others have been. Page 1 5. ATTACHMENTS: Resolution Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING ACCEPTANCE OF DONATION FROM THE MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY FOR THE PURCHASE OF A THERMAL IMAGING CAMERA FOR THE FIRE DEPARTMENT WHEREAS, The Minnesota Department of Labor and Industry, Occupational Safety and Health Consultation Unit (MN OSHA) donates funding to local fire departments through their MN OSHA safety grant program and has agreed to donate $2,000 to the City of Plymouth Fire Department; and WHEREAS, the donated funds will be utilized by the Department to assist with the purchase of one new thermal imaging camera (TIC); and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Council adopts the resolution accepting the donation of $2,000 from the Minnesota Department of Labor and Industry, Occupational Safety and Health Consultation Unit (MN OSHA). Donated funds to be utilized by the Plymouth Fire Department to assist with the purchase of one new thermal imaging camera. Approved this 24th day of November, 2009. Page 3 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 605 ENG_DesignateEngr_8128.docx REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.05 To: Laurie Ahrens, City Manager Prepared by: Derek Asche, Water Resources Manager Reviewed by: Doran Cote, Director of Public Works Item: Receiving Engineering Proposals and Designating the Engineer for the Plymouth Creek Stream Bank Restoration City Project No. 8128 1. ACTION REQUESTED: Make a motion to adopt the attached resolution receiving engineering proposals and designating Wenck Associates, Inc. as the engineer for design, environmental and geotechnical coordination, and construction services for the Plymouth Creek Stream Bank Restoration Project, City Project No. 8128. 2. BACKGROUND: In 2004, the Minnesota Pollution Control Agency placed Medicine Lake on the impaired waters list as the available data indicated that Medicine Lake exceeded the state’s narrative criteria for nutrients total phosphorus (40 ug/l), chlorophyll-a (14 ug/l) and Secchi disc transparency (not less than 1.4 meters)) for the growing season mean. This listing mandates a plan, specifically a Total Maximum Daily Load (TMDL) plan, be put in place to reduce the loading of phosphorus into Medicine Lake to a level consistent with its beneficial or intended uses such as swimming, boating, fishing, and general aesthetics. The TMDL is currently in development and the most recent estimate of the reduction in phosphorus loading needed to meet water quality goals is approximately 1200 pounds annually. The goals of this project are to determine and implement the most cost effective solution(s) to reduce phosphorus loading to Medicine Lake through repair of severe erosion, and to reduce the flooding potential along the most downstream portion of Plymouth Creek. The proposed project area includes Plymouth Creek from West Medicine Lake Drive to approximately 1000 feet north of 26th Avenue North (see attached site map). To repair severely eroded areas, bioremediation techniques and practices are to be the primary consideration for restoration as indicated in the feasibility study for this project, completed by the Bassett Creek Watershed Management Commission. To reduce the potential for flooding, approximately 1500 feet of Plymouth Creek as it flows toward West Medicine Lake Drive is to be considered for relocation. Requests for Proposals (RFP) were sent to four engineering consulting firms: WSB & Associates, Inc., Wenck Associates, Inc., Barr Engineering Company, and Short Elliott Hendrickson, Inc. Three Page 1 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 605 ENG_DesignateEngr_8128.docx proposals have been received and evaluated by a City Engineering and Public Works staff selection committee. The criteria for the evaluation included: 1. Experience in performing similar projects. 2. Experience of individuals the Consultant will assign to this work. 3. Success other communities and agencies have experienced in constructing projects designed by the Consultant. 4. An understanding of the work to be completed. 5. The proposed approach to completing the project. 6. Proposed schedule for completing the work. 7. The ability to perform the work within the specified time. 8. Proposed cost of the engineering services. 9. Familiarity with the City of Plymouth and other related agencies’ policies, procedures, and standards. The total engineering fees proposed from each consultant are as follows: WSB & Associates, Inc. $123,269.00 Wenck Associates, Inc. $196,428.00 Barr Engineering Company. $275,900.00 Short, Elliot, Hendrickson Inc. (Did not submit) The selection committee concluded that the proposal from Wenck Associates, Inc. demonstrates the best response to the proposal and evaluation criteria and it also provides the best value to the City. The proposal from WSB & Associates, Inc. did not include scope of work and associated cost to complete an Environmental Assessment Worksheet (EAW), a Wetland Replacement Plan Application, and sufficient geotechnical service details as requested in the RFP. The proposal from BARR Engineering Co. generally addressed the elements of the project as described in the RFP, however, the proposal is not economically competitive with the submission from Wenck Associates, Inc. While the other proposals generally indicate the respective firms are capable of performing the services required by the City, they do not indicate the extent of project understanding or experience with similar projects which Wenck Associates, Inc. demonstrated. Other CIP projects within this project area include replacement of the culvert carrying Plymouth Creek under 26th Avenue North, which is to take place in 2010, and construction of the Plymouth Creek Water Quality Ponds which is scheduled for construction during the winter of 2009-2010. 3. BUDGET IMPACT: The 2009-2013 Capital Improvement Program (CIP) includes the improvement of Plymouth Creek from West Medicine Lake Drive to approximately 1000 feet north of 26th Avenue North for a total project cost of $1,170,000. The total project cost of $1,170,000 includes wetland mitigation, construction, engineering, administration, and contingencies. On October 13, 2009 the City Council approved an agreement with the Bassett Creek Watershed Management Commission for funding up to $965,200 provided the funding can be secured from Hennepin County through the 2010 tax levy. Additionally, staff has applied for grant funding through the Hennepin County Riparian Restoration and Stream Bank Stabilization Grant Program. Page 2 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 605 ENG_DesignateEngr_8128.docx Funding will come from the following sources: Bassett Creek Watershed Management Organization $965,200 City of Plymouth – Water Resources Fund $204,800 3. ATTACHMENTS: Site Map Resolution Page 3 Page 4 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 605 ENG_DesignateEngr_8128.docx CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO RECEIVE ENGINEERING PROPOSALS AND DESIGNATE THE ENGINEER FOR THE PLYMOUTH CREEK STREAM BANK RESTORATION PROJECT CITY PROJECT NO. 8128 WHEREAS, Plymouth Creek Stream Bank Restoration Project, City Project No. 8128 is included in the 2009-2013 Capital Improvement Program (CIP); and WHEREAS, the goals of the Plymouth Creek Stream Bank Restoration Project are to determine and implement the most cost effective solution(s) to reduce phosphorus loading to Medicine Lake through repair of severe erosion, and to reduce the flooding potential along the most downstream portion of Plymouth Creek; and WHEREAS, the project area extends from West Medicine Lake Drive to 1000 feet north of 26th Avenue North; and WHEREAS, a request for proposal was sent to four engineering firms that have expertise in water resources; and WHEREAS, the proposals were received and evaluated by City staff; and WHEREAS, staff recommends that Wenck Associates, Inc. be designated as the engineer for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: Wenck Associates, Inc. is designated as the City’s consulting engineer for design, environmental and geotechnical coordination, and construction staking for the Plymouth Creek Stream Bank Restoration Project, City Project No. 8128 in the amount of $196,428.00. APPROVED THIS 24TH DAY OF NOVEMBER, 2009. Page 5 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.06 To: Laurie Ahrens, City Manager Prepared by: James Renneberg, P.E., Assistant City Engineer Reviewed by: Doran Cote, P.E., Director of Public Works Item: Payment No. 2 and Final 2009 Sanitary Sewer Lining Project City Project No. 9103 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 2 and Final in the amount of $16,494.10 to Veit for the 2009 Sanitary Sewer Lining Project, City Project No. 9103. 2. BACKGROUND: The 2009 Sanitary Sewer Lining Project involved cleaning and lining approximately 15,300 linear feet of existing clay sewer pipe with a cured in-place pipe liner. The area chosen for the 2009 sewer lining included the sewer pipe under Pineview Lane, Sunset Trail, Teakwood Lane, Vinewood Lane, Wedgewood Lane, Zinnia Lane, 1st Avenue and 6th Avenue, and is shown on the attached map. The work on this project has been completed and certified as meeting project specifications by the City’s Engineering staff. 3. BUDGET IMPACT: The original contract amount was $329,401.00 and the final contract amount for this project was $329,882.00. The increased cost was due to slightly higher quantities than estimated. This project was programmed for $400,000 in the 2009-2013 Capital Improvements Program. The total project cost for this project is $346,376.10, including engineering and administration. 4. ATTACHMENTS: Map Pay Request Resolution Page 1 Page 2 Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO REQUEST FOR PAYMENT NO. 2 AND FINAL FOR THE 2009 SANITARY SEWER LINING PROJECT CITY PROJECT NO. 9103 WHEREAS, the City of Plymouth as owner and Veit as contractor, have entered into an agreement for the 2009 Sanitary Sewer Lining Project, City Project No. 9103, said agreement was approved by the City Council on April 28, 2009; and WHEREAS, the Engineer has certified his acceptance of the work and his approval of the final request for payment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $329,401.00 and the value of the work to date is $329,882.00 and is herewith approved. 2. That the work performed by the contractor for the 2009 Sanitary Sewer Lining Project and certified to the Council by the engineer as acceptable, being the same, is hereby released 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. 3. Request for Payment No. 2 and Final in the amount of $16,494.10 to Veit for the 2009 Sanitary Sewer Lining Project is hereby approved and the City’s Administrative Services Director is hereby authorized and directed to pay the same forthwith. Funding for the total project cost of 346,376.10 will be from the Sewer Fund. APPROVED THIS 24TH DAY OF NOVEMBER, 2009. Page 4 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.07 To: Laurie Ahrens, City Manager Prepared by: James Renneberg, P.E., Assistant City Engineer Reviewed by: Doran Cote, P.E., Director of Public Works Item: Accepting Streets for Continual Maintenance for Spring Arbor (2007002) 1. ACTION REQUESTED: Adopt the attached resolution accepting streets for continual maintenance for the Spring Arbor development (2007002). 2. BACKGROUND: We have received a request from this developer to accept the streets, which reflects completed work in the development. The City has made inspections of the work and has determined that it is acceptable. As authorized by the City Council on August 25, 2009, the required sidewalk on 32nd Avenue North was installed immediately behind the curb on the south side of the road and all mailboxes were moved to the north side of the road. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Map Resolution Page 1 Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO ACCEPT STREETS FOR CONTINUAL MAINTENANCE FOR SPRING ARBOR (2007002) WHEREAS, in accordance with the development contract dated July 11, 2007, Gonyea Homes, Inc, developer of Spring Arbor (2007002), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ORIGINAL CURRENT NEW ITEM AMOUNT AMOUNT AMOUNT Street Construction $50,529 $40,000 -0- Access Road to NURP Pond & Sanitary MH 4,521 -0- -0- Sanitary Sewer 31,416 -0- -0- Watermain 26,734 -0- -0- Storm Sewer 35,302 -0- -0- Boulevard and Drainage Swale Sod 2,000 900 900 Street and Traffic Control Signs 1,285 1,285 -0- Sidewalk and Trail Improvements 5,669 5,669 -0- Rain garden 6,525 6,525 3,000 Buffer Posts 300 300 300 Site Grading & Drainage Improvements 34,799 12,000 7,500 Setting Iron Monuments 2,800 2,800 2,800 Street Lights 2,400 -0- -0- Design, Administration, Inspection, As-Builts 24,514 12,257 6,128 TOTAL $ 228,794 $81,736 $20,628 That the required financial guarantee for the above items be reduced as detailed above from 81,736 to $20,628 to reflect the completed work. Letter of Credit No. 704069 may be reduced accordingly. Page 3 FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved Development Contract remain as follows: ORIGINAL NEW ITEM AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning (see Grading Permit for Financial Guarantee Requirements) Cash: $ 1,000 $ 1,000 Financial Guarantee Letter of Credit No. FGAC-704070 $ 6,500 $ 6,500 FURTHER BE IT RESOLVED that the street construction is accepted for continuous maintenance as of November 24, 2009 subject to the one-year guarantee by the contractors per Maintenance Bond No. 929470292 issued by Western Surety Company. APPROVED THIS 24TH DAY OF NOVEMBER, 2009 Page 4 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.08 To: Laurie Ahrens, City Manager Prepared by: Captain Jeff Swiatkiewicz, Patrol Commander Reviewed by: Michael S. Goldstein, Chief of Police Item: Resolution Authorizing the Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety for the Annual Operation Night Cap Project 1. ACTION REQUESTED: Adopt the resolution authorizing the Police Department to enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the annual Operation Night Cap project. 2. BACKGROUND: Plymouth Police Department has been participating in the Operation Night CAP program to increase our DWI enforcement efforts since 2003. Grants run annually from October 1st through the following September 30th, or until all obligations have been satisfactorily fulfilled, whichever comes first. Plymouth Police Department has been allotted a maximum of $7, 025 for overtime compensation for additional officers to be scheduled to work DWI enforcement on ten specifically scheduled evenings for this project. The Minnesota State Patrol is the grant administrator. The Grant allows the department the opportunity to focus on additional DWI enforcement. This enforcement is paramount to the safety of our citizenry. This grant allows us the opportunity to schedule additional officers to specifically concentrate on DWI enforcement when overtime funding would not otherwise be available. 3. BUDGET IMPACT: The Grant provides for reimbursement of overtime costs of the officer participating in the enforcement event. The State Patrol will be invoiced on a monthly basis for costs incurred. 4. ATTACHMENTS: Grant Resolution Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR ITS ANNUAL OPERATION NIGHT CAP PROJECT WHEREAS, the enforcement of CWI offenses is paramount to the safety of the citizens of Plymouth; and WHEREAS, participation in the grant project through the Minnesota Department of Public Safety would allow us to increase DWI enforcement and reimburse the City for overtime costs incurred with such enforcement; and WHEREAS, the Plymouth Department has been approved to receive a maximum amount of 7,205 during the grant period from October 1, 2009 through September, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Plymouth Police Department enter into a grant agreement with the Minnesota Department of Public Safety, entitled Operation Night CAP . Approved this 24th day of November, 2009. Page 9 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.09 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Item: Approving an Amendment to Section 3 of the Personnel Policy, Removing Tuition Reimbursement 1. ACTION REQUESTED: Approve the Attached resolution that provides for deletion of section 3-18 Tuition Reimbursement of the City personnel policy. 2. BACKGROUND: In the mid-1990’s staff recommended and the City Council approved the creation of a tuition reimbursement program. It was used as a recruiting tool. Over the years the cost of tuition increased and the program provided a smaller and smaller portion of the cost of classes. Still a number of employees each year used the program. Most employees worked to complete a college degree. Generally, less than 15 employees a year used the program but while completing their degree they used it heavily. We are proposing the removal of the current language because one of our cost cutting measures is to reduce all funding for this program. We hope to propose a revised program, more targeted to staff development when the City budget is no longer so tight. We have retained some funding in department training budgets and these may be used to provide assistance to employees if a course is directly related to their job. 3. BUDGET IMPACT: There will be a savings of $20,000. 4. ATTACHMENTS: Section 3-18 in legislative format Resolution Page 1 10/09/07 III-1 SECTION 3-18 TUITION REIMBURSEMENT/EDUCATIONAL ASSISTANCE Sec. 3-18.1 The City encourages its employees to enroll in job related educational programs, and may provide support through tuition reimbursement. Sec. 3-18.2 Any regular employee who works more than 20 hours per week or any non- probationary paid on call firefighter shall be eligible for tuition reimbursement/educational assistance. Sec. 3-18.3 Reimbursement for a specific course shall be limited to the actual tuition paid or to $300.00 per semester credit, whichever is less. Reimbursement shall be made only for tuition. Any other fees or costs, including the cost of books, are the responsibility of the employee. Sec. 3-18.4 In order for a class to qualify for reimbursement, the following conditions must be met: 1) The class must be job related. 2) The class must be taken from an accredited institution of higher learning or vocational/technical school. 3) The class must be approved by the department director and the Human Resource Manager prior to enrollment. 4) The employee must receive a passing grade (C or equivalent) in order to receive reimbursement. 5) The employee must complete a Tuition Reimbursement Form, and provide a brief course outline. 6) After the class has been completed, the employee must provide a photocopy of the grade sheet and the original receipt for tuition. 7) The employee must remain with the City for one year after completing the class, or reimburse the City the amount it provided for any class taken in the previous one year period. Sec. 3-18.5 If the employee has declared he/she is pursuing a job related degree, the City may provide financial support for any course required for the degree. The employee must provide a plan which describes the course of study and requirements for the degree. Sec. 3-18.5 No reimbursement will be made for a course for which the employee receives reimbursement from another source. Sec. 3-18.6 The City reserves the right to limit the total annual reimbursement for any employee. Sec. 3-18.7. The City will fund this program to the best of it ability. However, if the requests for reimbursement exceed the amount budgeted, requests for reimbursement will be distributed on a basis determined by the City Manager. Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2009- A RESOLUTION TO AMEND SECTION 3 OF THE CITY PERSONNEL POLICY, REMOVING TUITION REIMBURSEMENT WHEREAS, City staff periodically reviews the Personnel Policy and recommends changes to reflect changes to benefits; and WHEREAS, the City Manager has recommended that the benefits section be amended to reflect changes to the City’s budget allotments withdrawing funding for tuition reimbursement; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and hereby does approve an amendment to the Personnel Policy, deleting Article III-18 thereof, and any clerical and ordering changes necessary for publication. Approved this 24th day of November, 2009. Page 3 REGULAR COUNCIL MEETING November 24, 2010 Agenda Number: 6.10 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Item: Approve 2010 Compensation and Classification Plans 1. ACTION REQUESTED: Adoption of the attached resolution approving the 2010 Compensation and Classification Plans and clothing allowances for sworn personnel for non-represented City employees. 2. BACKGROUND: Each year staff prepares, for presentation to Council, adjustments to the pay ranges for non- represented City employees. A set of proposed pay ranges for all non-represented employees for 2010 are presented with this report. Certified bargaining units represent approximately 80 percent of City employees. The remaining 20 percent of employees who comprise the supervisory and confidential employees are governed by the attached resolution and pay plans. The 60 plus employees covered by this resolution receive their wage increases based upon their performance, the general market for their positions, and our obligation to be in compliance with pay equity. The attached grade, position and range charts set forth the grades, job titles and proposed 2010 salary ranges for the non-represented employees. For both salaried and hourly employees the 2010 maximum salaries are the same as the 2009 ranges. It has been our practice to review Plymouth’s standing among other suburbs of similar size. Our poll indicates that cities are giving anywhere from 0 to 3 percent. The range reflects other City’s bargaining settlements as well as different philosophies about how to handle their economic situations. Some chose layoffs, some furloughs and some pay freezes. We are proposing freezing our salary ranges. We will look at 2010 rates mid-year to better assess how Plymouth compares in compensation and provide that information to you for 2011. Page 1 New titles/new positions: As you know we have reduced our workforce by 20 positions over a two plus year period. As positions are vacated we are restructuring some divisions. Organizational structure and job duties are changing. The position chart has been up-dated to reflect those changes. The titles and some of the job duties of the Public Works Superintendent positions have been changed. One is now the “Utilities Manager“ and the other is the “Central Services Manager.” The Utilities Manager is responsible for sewer, water and drainage operations; the Central Services Manager manages fleet and facilities operations. There is no budget impact to these changes. Over the past two years there have been transitions in the Finance Division. We initially created two accounting positions, Supervising Accountant and Payroll Accountant. They were placed in grade 18 and grade 16, respectively. As the new responsibilities evolved, it was decided that two higher level accountants were needed. Hence, we no longer need the grade 16 Payroll Accountant. We are adding the title of Accountant (Confidential) in grade 18 because one of the two employees now titled Supervising Accountant is more accurately described by that title. There is no budget impact to these changes. Our long range goal in the Parks and Recreation Department is to have at least one less supervisory position. However, in the short run, the Superintendent of Recreation is transitioning to have more oversight of the entire Parks and Recreation Department for succession planning purposes. Since more of her time is being devoted to administrative duties we are creating a Recreation Manager to give day to day direction to the Recreation Supervisors. The Recreation Manager is in grade 17, one grade higher than the Recreation Supervisors. This will cost $2,500 annually, but will save significant dollars in future years when a position is eliminated. Finally, we are proposing the creation of a Utilities Maintenance Supervisor position in grade 13. The Utilities Manager has 20 direct reports divided into three units. The division currently has two lead workers. In order to provide better supervision and more accountability we are proposing to reclassify the two leads as working supervisors. They will remain hourly but will have the authority to assign and review the workers. The initial annualized cost for both position will be approximately $11, 000. Clothing allowances: Police officers and sergeants negotiate a clothing allowance as part of their collective bargaining agreement. The command staff’s clothing allowance is equal to the amount negotiated by the sergeants. 3. BUDGET IMPACT: The 2010 budget includes funds to accommodate the recommended adjustments. 4. ATTACHMENTS: 2010 Position/Salary Grade Chart, Non-Represented Exempt Employees 2010 Position/Salary Grade Chart, Non-Represented Non-Exempt Employees Resolution Page 2 2010 POSITION/GRADE SALARY CHART Non-Represented Exempt Employees GRADE JOB TITLE SALARY RANGE Minimum Maximum 26 Director of Administrative Services 95,779 125,360 Director of Community Development Director of Parks and Recreation Director of Public Works Fire Chief Police Chief 25 91,221 118,051 24 City Engineer 87,142 112,772 23 IS Manager 84,676 109,580 IT Applications Manager 22 City Assessor 78,147 101,992 Deputy Police Chief Human Resources Manager Finance Manager 21 Building Official 73,571 96,310 Planning Manager Police Captain 20 Assistant Engineer 69,675 91,138 Central Services Manager Deputy Fire Chief Housing Program Manager IS Engineer Public Works Superintendent Superintendent of Parks Superintendent of Recreation Utilities Manager 19 Network Engineer II 65,473 84,730 System Administrator Transit & Solid Waste Manager 18 Accountant (Confidential)60,576 79,102 Activity Center Manager Assistant Building Official City Clerk Communications Manager Ice Arena Manager Park Maintenance Supervisor Reconstruction Project Manager Street Supervisor Supervising Appraiser Supervising Accountant Water Resources Manager 17 Applications Support Analyst 58,249 75,381 Forester Network Engineer I Property Management Coordinator Recreation Manager Support Services Manager 16 Human Resources Coordinator 56,261 72,809 Payroll Accountant Recreation Supervisor Page 1 Page 3 2010 POSITION/GRADE SALARY CHART Non-Represented Non-Exempt Employees GRADE JOB TITLE SALARY RANGE Minimum Maximum 18 Fire Captain 59,685 77,240 17 Support Services Manager 57,358 74,228 16 55,371 71,657 15 53,751 69,560 14 52,104 67,428 13 Ice Arena Operations Supervisor 50,457 65,297 IT Support Specialist /Help Desk Tech Recreation Program Coordinator Utilities Maintenance Supervisor 12 GIS Technician 48,809 63,165 Human Resources Technician Office Services Supervisor 11 46,849 60,628 10 Community Service Officer Supervisor 44,862 58,057 8 Payroll Clerk - Confidential 41,525 53,738 Fire Safety Technician 7 Office Support Specialist - Confidential 39,836 51,552 6 Office Support Representative - Confidential 38,140 49,358 Page 1 Page 4 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE 2010 PAY AND COMPENSATION PLAN WHEREAS, the City of Plymouth uses job evaluation in order to determine job value; and WHEREAS, this plan is in compliance with Minnesota Statute 471, commonly known as the Pay Equity Law: and WHEREAS, the classification and compensation plan has been updated to reflect changes to the 2009 budget proposals submitted to the City Council for review; and WHEREAS, the City Council believes that hard work and service performed by the employees to the City of Plymouth should be recognized through a formal Employee Recognition Program. The City Council believes the benefits of attracting, retaining and motivating employees through the Employee Recognition Program supports employee job satisfaction, which in turn impacts cooperation and productivity. The result is to provide excellent public and customer service to better serve the interests of the citizens of the community; and WHEREAS, the non-represented police personnel are required to wear and maintain their own uniforms; and WHEREAS, the City Council believes that employees are more productive if they maintain healthy lifestyles and that encouragement and support of employees to maintain such life styles furthers the public and customer service goals of ht City of Plymouth; and WHEREAS, the City Council believes that the safety practices of the City of Plymouth employees has a direct impact both on public service and on reduced rates for insurance and claims against the City of Plymouth; and WHEREAS, the City’s staff have developed programs and policies to further employee satisfaction, health and safety, which includes rewards for employees who meet longevity and good service goals, practice good safety and engage in healthy lifestyles; and WHEREAS, the City’s staff has also developed a recognition program for volunteers based on their service to the community; and WHEREAS, these programs have been funded under the appropriate line items in the budget approved by the City Council. Page 5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does: 1. Approve the 2010 Classification and Compensation Plans attached hereto effective December 26, 2009. 2. Authorize payment of a sum equal to the sum determined by current contract for sergeants to be paid to all non-represented sworn peace officer. 3. Directs the City Manager to proceed with the ongoing implementation and maintenance of the plan and its components. 4. Approves continuation of volunteer and employee recognition and wellness programs as budgeted. Approved this 24th day of November, 2009. Page 6 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.11 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Item: Adopt Amendments to the Employee Recognition and Incentive Programs Policy 1. ACTION REQUESTED: Adoption of the attached resolution approving changes to the Employee Recognition and Incentive Programs Policy 2. BACKGROUND: This policy was adopted in April of 2003 shortly after the State Auditor’s report on the City of Brooklyn Park was published. Revisions have occurred to reflect changes in City Council direction. In recognition of significant budget constraints, the resources used to fund employee and volunteer recognition events have been reduced. The changes to the Recognition and Incentive Program reflect changes to those programs. We have eliminated coffee, scaled back on the occasions on which we send flowers, reduced the cost of all employee recognition events and eliminated the police reserve event. We believe that we will be able to continue our long- standing commitment to recognizing employees and the public for their contributions to the organization with a smaller budget. We recommend adoption of the attached resolution amending the Employee Recognition and Incentive Programs policy. 3. BUDGET IMPACT: The changes in the policy are in accordance with the 2010 budget reductions. 4. ATTACHMENTS: Employee Recognition and Incentive Programs Policy Resolution Page 1 Employee Recognition and Incentive Programs Resolution 2009- Resolution 2007-431 November 24, 2009 October 9, 2007 Employee Recognition The City of Plymouth recognizes the hard work and contributions of active and retiring employees through a formal Employee Recognition program. The public purpose for this program is to recognize employee accomplishments according to sound human resource management practices. The recognition program encourages productivity, creativity, and good morale. The Safety program follows established principles of safe workplace practice. It fosters attention to and compliance with good safety practices, thereby preventing accidents while saving both financial and human resources. The Wellness/Fitness program provides ongoing information on various health issues, remedies, and suggestions for improved health. The programs are designed to encourage healthy lifestyles and to make employees aware of the risks associated with common health problems. Such programs are recognized for reducing absenteeism among employees and for reducing health insurance premiums. The following general guidelines will apply to employee recognition programs. Other forms of employee recognition may be approved and implemented with the authorization of the City Council. The budget for this program is included in the City’s annual budget that is approved by the City Council. Annual Recognition Events. Two employee training/recognition events are A recognition luncheon is held each year. City Hall is closed for two to three hours so that all employees may attend. Service awards, safety awards, retiree recognition, and recognition for other employee accomplishments are given at this these events. luncheon. A second event may take place each year to recognize safety or other achievements and/or to These events are also used for training or to share information with all employees. This event will be of the nature of a picnic held during the workday in order to minimize Both events will include a light lunch but will minimize disruption of service to the public. Volunteer Recognition Event. A recognition event is held for all volunteers and the City employees who supervise them. The event includes a dinner that is provided to staff and volunteers alike. Page 2 Police Department Recognition Event. A recognition event is held each year to recognize citizen and police officer achievement. Members of the public who are scheduled to receive awards, their families, and all police staff are invited. A light dinner (e.g.Light hors d’oeuvres, dessert, and beverages) is are served. Officers and citizens receive awards. The employee awards are specified in the Department’s Policy and Operations Procedures Manual. Reserve Police Officer Event. A recognition event is held annually for all the police reserves and the officers who coordinate the program. The event includes a dinner that is provided to officers and reservists. Fire Department Recognition Event. A recognition event is held annually for all firefighters and department staff. The event includes a light dinner (e.g. hors d’oeuvres, dessert, and beverages) and features the department’s awards ceremony. Service Awards. Employees completing five years of service, and subsequently in increments of five years, will receive U.S. Savings bonds in the following amounts: Years of Service Bond Amount Bond Cost 5 $50.00 $25.00 10 $75.00 $37.50 15 $100.00 $50.00 20 $150.00 $75.00 25 $200.00 $100.00 30 $250.00 $125.00 Flowers. Flowers will be sent on behalf of the City for the death of an employee or the spouse, partner or child of an employee. Flowers may also be sent if an employee has a serious illness or hospitalization. Flowers may also be sent at the birth or adoption of a child into the household of an employee. Coffee. Coffee is provided to visitors, volunteers, the City Council, board and commission members and employees in their work areas. Retiring Employee Recognition Retirement Celebration. The City will provide cake and beverages for each retiree celebration. The event must be held at a City facility. Any employee with ten or more years of service who is retiring or eligible to retire under the PERA definition shall be eligible. No retiring employee is required to have a celebration. City Council Recognition. Retiring employees will be invited to a city council meeting to be recognized and thanked by the City Council. Inclusion in Employee Events. All retired city employees will be invited to major employee events; however, they will be charged for their attendance. Page 3 Safety Program Funds are budgeted annually to encourage and recognize adherence to safety requirements. The safety coordinator and the safety committee determine how these funds should be used to maximize their effectiveness. Identification. Certain employees are provided with badges or items of clothing and/or vests that clearly identify them as City employees. Fitness/Wellness Program The City’s wellness committee members sponsor programs that encourage healthy living and the avoidance of illness. Current programs include the following: Health Fair, Flu Shots, and exercise challenges. Funds are budgeted from the City’s health and welfare fund for these programs. Page 4 CITY OF PLYMOUTH RESOLUTION NO. 2009 - AMENDING THE EMPLOYEE RECOGNITION AND INCENTIVE PROGRAM POLICY WHEREAS, the City Council has directed through its budget setting authority that the recognition programs be revised; and WHEREAS, staff reviewed the Employee Recognition and Incentive Program and changed the policy to reflect City Council direction; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the attached Employee Recognition and Incentive Program is hereby adopted. . Approved this 24th day of November, 2009. Page 5 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.12 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Item: Approve 2010 Paid-On-Call Firefighter Compensation Plan and Payment to the Fire Relief Association for Firefighter Disability Insurance 1. ACTION REQUESTED: Approval of the attached resolution for the 2010 paid-on-call Firefighter compensation plan and payment of $3,466.50 to the Fire Relief Association for one-half the premium for firefighter disability insurance premiums. 2. BACKGROUND: The City retains the services of 78 paid-on-call firefighters. The primary incentive for being a firefighter is service to the community. The firefighters are provided with valuable training and receive a pension based on their years of service in the amount of $7,500 per year of service. Plymouth has traditionally paid on an hourly basis. The current pay range is $11.08 - $13.59 per hour. Generally, firefighters with more than three years get the top rate of pay. Officers get an additional monthly salary. This year, due to economic and budget constraints, we are not recommending an increase in the pay range for firefighters or monthly stipend amounts for fire officers. The Fire Relief Association chose to purchase disability insurance that is supplemental to workers’ compensation. It assures that firefighters injured on duty do not suffer an economic hardship. This could occur because the workers’ compensation formula for paid-on-call firefighters does not always compensate them for any other loss of income. 3. BUDGET IMPACT: Adequate funds are available for the 2010 Firefighter compensation plan. There are sufficient funds to pay half the premium as well. The other half of the premium is paid by the Fire Relief Association. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE 2010 PAY SCHEDULE FOR MEMBERS OF THE PLYMOUTH FIRE DEPARTMENT AND AUTHORIZING REIMBURSEMENT OF ONE-HALF THE DISABILITY INSURANCE PREMIUM TO THE FIRE RELIEF ASSOCIATION WHEREAS, the City Manager has recommended the establishment of 2010 pay rates to remain the same as 2009 pay rates for members of the Plymouth Fire Department; and WHEREAS, the City Manager has recommended a payment of one-half the premium for supplemental disability insurance payment to the Fire Relief Association. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should, and hereby does, . 1. Establish the following rates of pay for the Plymouth Fire Department commencing December 26, 2009: TITLE HOURLY RATE MONTHLY A B C D E Firefighter $11.08 $11.69 $12.36 $12.98 $13.59 Fire Lieutenant $13.59 $ 75.00 Fire Captain $13.59 $100.00 Fire District Chief $13.59 $235.00 An additional payment of $100 shall be paid to the paid on call fire officer assigned to respond to all calls for service from Friday evening until the following Monday morning each weekend. 2. That a payment of $3, 466.50 be made to the Plymouth Fire Relief Association to pay one-half the premium for supplement al disability insurance. Approved this 24th day of November, 2009. Page 2 REGULAR COUNCIL MEETING November 24, 2010 Agenda Number: 6.13 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Reviewed by: Item: Approve 2010 Health, Dental, and Deferred Compensation Benefits for Non-Represented City Employees 1. ACTION REQUESTED: Approval of the attached resolution, which provides for adjustments to the City’s benefit and deferred compensation contributions for non-represented City employees. 2. BACKGROUND: The City bargains with the represented employees regarding how much of the cost of health and dental insurance is paid by the City and how much is paid by employees. The amount of the City’s contribution for insurance premiums for non-represented employees is established by resolution. The City has settled two of its 2010 bargaining unit contracts. Those contracts set the contribution levels the City will provide for health and dental coverage and the level of the contribution by the City to a VEBA account for those employees who select single health care coverage or to deferred compensation for those who waive health care coverage. We are currently in negotiations with the police and sergeants’ units for 2010. In negotiating those contracts, our goal is to continue our practice of providing an equal contribution level for all employee groups. Health Insurance Cost Increase Our health insurance premiums increased by 7% for 2010. The City will no longer be offering a co-pay plan to non-represented employees because the total number selecting that plan has fallen below ten. The most popular plan, our $1200/$2400 major medical plan will cost $1,235 for family coverage and $494.50 for single coverage. Dental premiums will be unchanged. Page 1 Settlements As stated above, we have agreements with two bargaining units that set the City’s level of contribution at $898.74 per month for family coverage. This is an increase of $40.50 per month and represents half the increase in the premium. This sum is applied to the premium and to a contribution to the VEBA trust. The agreements also provide that the City will pay full single coverage. The City also provides dental coverage to those selecting single health coverage. The premium cost for single dental is $36.26 and for family dental is $101.96. The City also contributes to the single VEBA depending on the employee’s choice of plans. Single versus Family Insurance Coverage The City narrows the compensation gap between those selecting single and those selecting family health care coverage. We do this by providing a City contribution to the VEBA trust for those taking single coverage. Our settled contracts provided for no change in the City’s contribution to the VEBA trust for 2010. Under the proposed benefit plan, in 2010 employees taking single health and dental coverage will receive a benefit package of $805.76 from the City; those taking single health and family dental will receive $871.46 per month. The cost to the City between those taking single and those taking family coverage is 1,115.76 per year, keeping our total compensation package fairly equitable. We have also found that we have many employees who opt for single coverage and find other sources of insurance protection for their spouse or dependents. Even with the City paying for these employee’s family dental insurance, there is a savings of $327.36 per year. Waiver of coverage For those employees who waive health care coverage with proof of insurance the City pays $353 to the employee if the employee places the funds in deferred compensation. This amount is also unchanged from 2009. 3. BUDGET IMPACT: The additional contribution level for health insurance, deferred compensation or VEBA contribution will be within the amount budgeted for non-represented employees’ benefits for 2010. 4. ATTACHMENTS: Resolution Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING THE 2010 MONTHLY CONTRIBUTION TO HEALTH AND DENTAL INSURANCE, DEFERRED COMPENSATION AND VEBA TRUST CONTRIBUTIONS FOR NON-REPRESENTED CITY EMPLOYEES. WHEREAS, the City Council annually reviews the compensation package for general City employees; and WHEREAS, the City has settled contracts with its bargaining units which will result in increases in the City’s contribution for health and dental insurance coverage; and WHEREAS, it has been the City’s practice to compensate similar groups similarly; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that is should and hereby does: Authorizes the payment of the premium for single health care and for single or family dental care for those selecting single health. And, authorizes an increase in the City’s contribution to benefits according to the following schedule for all its non-represented employees, effective January 1, 2010. Non Represented Employees Electing VEBA $2400 CMM Family Health Coverage Health Insurance Premium Contribution VEBA contribution 757.07 per month 141.67 per month Non Represented Employees Electing VEBA $4500 CMM Family Health Coverage Health Insurance Premium Contribution VEBA contribution 654.80 per month 243.94 per month Page 3 Non Represented Employees Electing VEBA $1200 CMM Single Health Coverage VEBA contribution 275.00 per month Non Represented Employees Electing VEBA $2250 CMM Single Health Coverage VEBA contribution 353.00 per month Non Represented Employees Electing No Insurance Coverage Deferred Comp Contribution 353.00 per month Approved this 24th day of November, 2009. Page 4 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 6.14 To: Laurie Ahrens, City Manager Prepared by: Jeanette Sobania, Human Resources Manager Item: Approving an Amendment to Section 3 of the Personnel Policy, Removing Payment for a Salary Differential for Military Leave after 2010 1. ACTION REQUESTED: Approval of the attached resolution that provides for deletion of section 3-7.3 after December, 2010 payment of differential for military leave) of the City Personnel Policy. 2. BACKGROUND: In 2003 staff provided to the City Council the opportunity to approve an amendment to the Personnel Policy that provided an employee called to active duty the difference between their military pay and their pay as a City employee. The amendment had been suggested by a City employee. At the time of the original resolution, staff recommended that it sunset at the end of 2004, so that subsequent City Councils could consider whether the policy should be continued. The Council did not adopt a sunset date. At the time of the original resolution two employees were serving. Since that time we have had no employees called up. We know that one of our maintenance employees will be called up next month. The proposal before you would sunset after his expected return, so he would not be affected by this change. We are bringing forth this resolution because of changes both to the City’s economic circumstances and a change in the obligations imposed by state statute. You are aware of the City’s tightened budget situation. We do not have the means to replace the employee during his deployment, if we continue to pay a salary to him in his absence. Further, a change to the statute requires that the employee’s accrual of paid leave continue during deployment, approximately 8.5% of salary We are also obligated to pay the City’s share of his PERA if he chooses to pay back his share, 6.75%. The statute that authorizes a city to pay this subsidy is permissive. We know that the City of St. Cloud provides the subsidy but are unaware of any other cities. 3. BUDGET IMPACT: No savings in the immediate future, but it limits significant liability for the City in the future. 4. ATTACHMENTS: Section 3-7 is attached in legislative format for your review. MN Statute 471.975 Resolution Page 1 SECTION 3-7 MILITARY LEAVE Sec. 3-7.1 The reinstatement of rights of any employee who entered the military service of the United States by reason of a law enacted by Congress or who voluntarily enlisted during the effective period of such law shall be determined in accordance with the provisions of the law granting such rights. Sec. 3-7.2 Employees who are members with active status with an armed forces reserve unit shall be granted military leave when called to authorized training or active service. Such employees shall receive a maximum of fifteen (15) days leave in any calendar year which may be allowed provided that the employee: appropriately requests such leave in writing accompanied with a copy of the official written orders; returns to City employment immediately following such authorized leave and immediately submits verification of all military pay received to the immediate supervisor. While on such authorized leave, employees shall not lose seniority status or benefits normally accorded them as a City employee. Sec. 3-7.3 Employees of the City who are called to active service shall be eligible to receive payment of an amount equal to the difference between the member’s active duty military salary and the salary the member would be paid as a full time active employee of the City, including any adjustments the member would have received if not on a leave of absence. This payment may be made only to a person whose active duty military salary, including but not limited to allowances for basic housing, family separation, subsistence and hostile fire, is less than the salary the person would be paid as an active City employee without the addition of benefits Only a reservist or national guard member who was an active full time employee at the time the employee was ordered to active service in the military shall be eligible for this payment. The term “active service” has the meaning given in Minnesota Statute Section 190.05, subdivision 5, but excludes service performed exclusively for purposes of: 1) basic combat training, advanced individual training, annual training, and periodic inactive duty training; and 2) special training periodically made available to reserve members, and 3) service performed in accordance with section 190.08, subdivision 3. This section shall remain in effect until January 1, 2011. After that time only employees currently receiving the benefit shall be eligible for the benefit and no employee shall receive benefits under this section after December 31, 2011. Sec. 3-7.4 Additional unpaid military leave and reinstatement rights will be granted and determined in accordance with applicable state and federal law. Page 2 Sec. 3-7.5 Payment of accrued leave: Pursuant to state statute, an employee reinstated after active duty shall be credited with vacation, disability leave, annual leave or extended illness leave they would have received under contract or this policy. If the amount of leave exceeds the contractually agreed upon limit or the limits set in this policy for maximum accrual, the City shall pay the employee for all hours above the limit in cash. The employee will be required to limit further accrual of leave per the applicable contract or policy limit. Page 3 1 MINNESOTASTATUTES2009 471.975 471.975MAYPAYDIFFERENTIALOFRESERVEONACTIVEDUTY. a)Exceptasprovidedinparagraph(b),astatutoryorhomerulechartercity,county,town, orotherpoliticalsubdivisionmaypaytoeacheligiblememberoftheNationalGuardorother reservecomponentofthearmedforcesoftheUnitedStatesanamountequaltothedifference betweenthemember'sbaseactivedutymilitarysalaryandthesalarythememberwouldbepaid asanactivepoliticalsubdivisionemployee,includinganyadjustmentsthememberwouldhave receivedifnotonleaveofabsence.Thispaymentmaybemadeonlytoapersonwhosebase activedutymilitarysalaryislessthanthesalarythepersonwouldbepaidasanactivepolitical subdivisionemployee.Backpayauthorizedbythissectionmaybepaidinalumpsum.Payment underthissectionmustnotextendbeyondfouryearsfromthedatetheemployeereportedfor activeservice,plusanyadditionaltimetheemployeemaybelegallyrequiredtoserve. b)Subjecttothelimitsunderparagraph(g),eachschooldistrictshallpaytoeacheligible memberoftheNationalGuardorotherreservecomponentofthearmedforcesoftheUnitedStates anamountequaltothedifferencebetweenthemember'sbaseactivedutymilitarysalaryandthe salarythememberwouldbepaidasanactiveschooldistrictemployee,includinganyadjustments thememberwouldhavereceivedifnotonleaveofabsence.Thepaydifferentialmustbebasedon acomparisonbetweenthemember'sdailybaserateofactivedutypay,calculatedbydividingthe member'sbasemilitarymonthlysalarybythenumberofpaiddaysinthemonth,andthemember's dailyrateofpayforthemember'sschooldistrictsalary,calculatedbydividingthemember'stotal schooldistrictsalarybythenumberofcontractdays.Themember'ssalaryasaschooldistrict employeemustincludethemember'sbasicsalaryandanyadditionalsalarythememberearns fromtheschooldistrictforcocurricularandextracurricularactivities.Thedifferentialpayment underthisparagraphmustbethedifferencebetweenthedailybaseratesofmilitarypaytimesthe numberofschooldistrictcontractdaysthemembermissesbecauseofmilitaryactiveduty.This paymentmaybemadeonlytoapersonwhosedailybaserateofactivedutypayislessthanthe person'sdailyrateofpayasanactiveschooldistrictemployee.Paymentsmaybemadeatthe intervalsatwhichthememberreceivedpayasaschooldistrictemployee.Paymentunderthis sectionmustnotextendbeyondfouryearsfromthedatetheemployeereportedforactiveservice, plusanyadditionaltimetheemployeemaybelegallyrequiredtoserve. c)AneligiblememberofthereservecomponentsofthearmedforcesoftheUnitedStates isareservistorNationalGuardmemberwhowasanemployeeofapoliticalsubdivisionat thetimethememberreportedforactiveserviceonorafterMay29,2003,orwhoisonactive serviceonMay29,2003. d)Exceptasprovidedinparagraph(e)andelsewhereinMinnesotaStatutes,astatutoryor homerulechartercity,county,town,orotherpoliticalsubdivisionhastotaldiscretionregarding Copyright©2009bytheRevisorofStatutes,StateofMinnesota.AllRightsReserved.Page 4 2 MINNESOTASTATUTES2009 471.975 employeebenefitcontinuationforamemberwhoreportsforactiveserviceandthetermsand conditionsofanybenefit. e)Aschooldistrictmustcontinuetheemployee'senrollmentinhealthanddentalcoverage, andtheemployercontributiontowardthatcoverage,untiltheemployeeiscoveredbyhealthand dentalcoverageprovidedbythearmedforces.Iftheemployeehadelecteddependentcoverage forhealthordentalcoverageasofthetimethattheemployeereportedforactiveservice,aschool districtmustoffertheemployeetheoptiontocontinuethedependentcoverageattheemployee's ownexpense.Aschooldistrictmustpermittheemployeetocontinueparticipatinginanypretax accountinwhichtheemployeeparticipatedwhentheemployeereportedforactiveservice,tothe extentofemployeepayavailableforthatpurpose. f)Forpurposesofthissection,"activeservice"hasthemeaninggiveninsection190.05, subdivision5,butexcludesserviceperformedexclusivelyforpurposesof: 1)basiccombattraining,advancedindividualtraining,annualtraining,andperiodic inactivedutytraining; 2)specialtrainingperiodicallymadeavailabletoreservemembers;and 3)serviceperformedinaccordancewithsection190.08,subdivision3. g)Aschooldistrictmakingpaymentsunderparagraph(b)shallplaceasumequaltoany differencebetweentheamountofsalarythatwouldhavebeenpaidtotheemployeewhois receivingthepaymentsandtheamountofsalarybeingpaidtosubstitutesforthatemployee intoaspecialfundthatmustbeusedtopayorpartiallypaythedeployedemployee'spayments underparagraph(b).Aschooldistrictisrequiredtopayonlythisamounttothedeployedschool districtemployee. History:1991c345art1s95;2003c123s2;2004c256art1s6;2005c156art4s9; 2009c84s1;2009c96art2s59 Copyright©2009bytheRevisorofStatutes,StateofMinnesota.AllRightsReserved.Page 5 CITY OF PLYMOUTH RESOLUTION NO. 2009- A RESOLUTION TO AMEND SECTION 3 OF THE PERSONNEL POLICY REMOVING PAYMENT FOR A SALARY DIFFERENTIAL FOR MILITARY LEAVE AFTER 2010 WHEREAS, City staff periodically reviews the Personnel Policy and recommends changes to reflect; and WHEREAS, the City Manager has recommended that the benefits section be amended to reflect the City Council’s concern about making economic decisions for future City Councils; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and hereby does approve an amendment to the Personnel Policy, adding a sunset date to Article 3-7. 3 thereof. Approved this 24th day of November, 2009. Page 6 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 7.1 To: Laurie Ahrens, City Manager Prepared by: Jim Barnes, Housing Programs Manager Reviewed by: Steve Juetten, Community Development Director Item: Hold a public hearing relating to the modifications of Development Program for Development District Number 7 and Tax Increment Financing District 7-6 and Redevelopment Plan for Redevelopment Project Area Number 1 and Tax Increment Financing District 1-1. 1. ACTION REQUESTED: Hold a public hearing and approve the attached resolutions modifying the Tax Increment Financing Plan for TIF District 7-6 and the Tax Increment Financing Plan for TIF District 1-1. 2. BACKGROUND: The City of Plymouth approved the creation of Development District Number 7 in 1988 to facilitate development within the city. In 2000, the City approved the creation of Tax Increment Financing (TIF) Redevelopment District 7-6 to assist the Continental Property Group with their acquisition and redevelopment of a commercial building located at 2300 Berkshire Lane (see attached location map). The TIF Plan for district 7-6 provides assistance to the Continental Property Group in the form of a pay-as-you -go note for $900,000. This note will be paid in full on December 31, 2027. This TIF district also provides for pooling of approximately 25% of the increment for housing purposes, which the City pledged to the HRA and Vicksburg Crossing in 2005 when they approved the construction of Vicksburg Crossing (see attached Pledge Agreement). We have been accumulating the pooled funds in this district and currently have $335,000 available to assist Vicksburg Crossing. Going forward it is projected that an additional $35,000 annually would be available to assist Vicksburg Crossing. The Plymouth Housing and Redevelopment Authority (HRA) and the City of Plymouth approved the creation of Redevelopment Project Area Number 1 and Tax Increment Financing District 1-1 in November of 2004 to facilitate road improvements related to the development of the Shops at Plymouth Creek and to assist with the acquisition of the site for Vicksburg Crossing. The TIF Plan for 1-1 also provides for pooling of a portion of the tax increment received for affordable housing rental projects, which the HRA confirmed at their October meeting that this Page 1 includes Vicksburg Crossing in the event the rental revenues were insufficient to cover all of the costs associated with operating the facility. This district currently has an accumulated fund balance available of $322,343 to assist Vicksburg Crossing. Going forward, it is projected that an additional $55,000 annually would be available to assist Vicksburg Crossing. Although it was planned that TIF districts 7-6 and 1-1 would have increment to assist Vicksburg Crossing and other affordable housing projects if needed, there are some modifications that should be implemented to better insure the assistance is available and in sufficient amounts. The modifications that are being proposed include the following: 1. Extend the duration of TIF district 1-1 an additional 10 years to the full 26 years. Currently, TIF district 1-1 is anticipated to expire in 2022. This amendment, if approved, would extend the district to 2032. The TIF Plan did anticipate the possibility of extending the district past the 16 years. In an earlier staff report to the Plymouth HRA, we indicated that the district may not be able to continue after the bonds have been satisfied. However, we have since learned that there is a provision in the TIF Statutes that allows us to keep the district open and continue to collect increment after the original obligations are satisfied if the increment is used to assist affordable housing projects. 2. Modify the budget in both districts. By extending the duration of district 1-1, we will also be modifying the budget that will include additional increment to be used to assist affordable housing, namely Vicksburg Crossing if necessary. The budget modifications will also simplify the budgets so they are more understandable to the general public as the legislature changed the format this year for TIF budgets. 3. Clarify the intent to use the full 10% pooling for affordable housing in both districts. Again, this was contemplated in the original TIF Plans. We are simply clarifying the intent to use the full pooling capabilities available under statute to assist with affordable rental housing projects, namely Vicksburg Crossing, if necessary. 4. Removal of parcel from district 1-1. In order to maximize the ability to utilize the 10% of increment for affordable housing, staff is requesting that the parcel that Vicksburg Crossing is on be removed from TIF district 1-1. 3. BUDGET IMPACT: While these modification requests will place the HRA and the City in a better position to assist Vicksburg Crossing if necessary, they will not jeopardize the City’s or HRA’s obligation to pay for the outstanding TIF bonds in district 1-1 or the pay-as-you -go note in 7-6. In addition, there will be no impact on current budgets for either the City or the HRA. Extending 1-1 an additional 10 years would impact the 2023-2032 tax revenue to the city and other taxing jurisdictions. The properties in TIF district 1-1 are currently paying $512,620 in property taxes. Of The current property taxes, just over $37,000 is currently being distributed to the City. If the district were to end in 2022 as planned, the City would receive approximately $57,000 in additional tax revenue to assist the general fund. These figures are based on 2010 property values and taxes and will most likely change over the next 12 years. Page 2 As mentioned above, the two TIF districts currently have fund balances totaling $657,343. If the funds are not needed to assist Vicksburg Crossing, the City and HRA could return the funds to the County for redistribution. If this were done, the City’s portion of this amount that would go to the City’s General Fund would be close to $138,600. 4. ATTACHMENTS: 7-6 Location Map 1-1 Location Map TIF District 7-6 pledge Agreement 7-6 Draft TIF Plan 1-1 Draft TIF Plan TIF Districts 7-6 and 1-1 Resolution Page 3 17 200 I NLAND 17 100 HOLLY 17 000 GARLAND 17 300 JEWEL 17 400 KI MBERLY 19 100 BROCKTON 17 500 LAWNDALE 17 600 MERRI MAC 17 700 NARCI SSUS 17 800 OLI VE 17 900 PEONY 18 000 QUEENSLAND 18 100 RANI ER 18 200 SHADYVI EW 18 300 TROY 18 400 URBANDALE 18 500 VAGABOND 18 700 XANTHUS 18 600 WALNUT GROVE 18 800 YELLOWSTONE 18 900 ZI RCON 19 000 ALVARADO 14 900 LANEWOOD 14 800 KI NGSVI EW 15 000 MI NNESOTA 15 100 NI AGARA 15 3 0 0 POL ARI S 15 200 ORCHI D 15 400 QUANTI CO 15 500 RANCHVI EW 15 600 SHENANDOAH 15 700 TERRACEVI EW 15 800 UPLAND 16 000 WESTON 15 900 VI CKSBURG 16 200 YUMA 16 100 XENE 16 400 ARCHER 16 300 ZANZI BAR 16 500 BLACK OAKS 16 600 COMSTOCK 16 800 EVEREST 16 900 FOUNTAI N 16 700 DUNKI RK 12 600 OAKVI EW 12 800 QUI NWOOD 13 000 SYCAMORE 12 900 ROSEWOOD 13 300 VI NEWOOD 13 200 UNDERWOOD 13 400 WEDGEWOOD 13 1 0 0 TEAKWOOD 12 700 PI NEVI EW 13 700 ZI NNI A 13 600 YUCCA 13 800 ANNAPOLI S 13 500 XENI UM 13 900 BERKSHI RE 14 000 CHESHI RE 14 100 DALLAS 14 200 EMPI RE 14 300 FERNBROOK 14 400 GLACI ER 14 500 HARBOR 14 700 J UNEAU 14 600 I THACA 5THAVE. 10THAVE. RIDGEMOUNT AVE. 15THAVE. 20THAVE. 25THAVE. 30THAVE. 35THAVE. 40THAVE. 45THAVE. 50THAVE. 55THAVE. 10 300 REVERE 10 400 SARATOGA 10 600 UNI ON TERRACE 10 500 TRENTON 10 800 WELLI NGTON 10 700 VALLEY FORGE 10 900 XI MI NES 11 000 YORKTOWN 11 100 ZACHARY 11 200 ARROWOOD 11 300 BALSAM 11 400 COTTONWOOD 11 600 EVERGREEN 11 500 DEERWOOD 11 800 GOLDENROD 11 700 FORESTVI EW 12 000 I VES 11 900 HEMLOCK 12 200 KI RKWOOD 12 100 JONQUI L 12 300 LARCH 12 400 MAGNOLI A 12 500 NORWOOD 9600 KI LMER 9500 T H 169 9700 LANCASTER 9800 MONTI CELLO 9900 NATHAN 10 000 ORLEANS 10 200 QUAKER 10 100 PI LGRI M 60THAVE. 14000 CHESHI RE 17500 L AWNDAL E 19000 AL VARADO 18800 YELL OWSTONE 18600 WAL NUT GROVE 18500 VAGABOND 18400 URBANDAL E 18200 SHADYVI EW 18000 QUEENSL AND 17700 NARCI SSUS 17600 MERRI MAC 19100 BROCKTON 18900 ZI RCON 18700 XANTHUS 17900 PEONY 18300 TROY 18100 RANI ER 17800 OLI VE 15700 TERRACEVI EW 16600 COMSTOCK 16500 BL ACK OAKS 15900 VI CKSBURG 17400 KI MBERLY 17000 GARL AND 17300 J EWEL 17100 HOLL Y 17200 I NL AND 16700 DUNKI RK 16900 FOUNTAI N 16800 EVEREST 16300 ZANZI BAR 16400 ARCHER 16200 YUMA 16100 XENE 16000 WESTON 15800 UPL AND 14300 FERNBROOK 15600 SHENANDOAH 15500 RANCHVI EW 15400 QUANTI CO 15000 MI NNESOTA 14800 KI NGSVI EW 14900 L ANEWOOD 15300 POLARI S 15200 ORCHI D 15100 NI AGARA 14400 GL ACI ER 14600 I THACA 14700 J UNEAU 14500 HARBOR 14200 EMPI RE 14100 DALLAS 12200 KI RKWOOD 12500 NORWOOD 12400 MAGNOLI A 13900 BERKSHI RE 13800 ANNAPOLI S 13100 TEAKWOOD 13400 WEDGEWOOD 13200 UNDERWOOD 13300 VI NEWOOD 12900 ROSEWOOD 13000 SYCAMORE 12800 QUI NWOOD 13500 XENI UM 13600 YUCCA 13700 ZI NNI A 12700 PI NEVI EW 12300 LARCH 12600 OAKVI EW 11700 FORESTVI EW 11800 GOLDENROD 11500 DEERWOOD 11600 EVERGREEN 11400 COTTONWOOD 11200 ARROWOOD 11000 YORKTOWN 10700 VALL EY FORGE 10800 WELLI NGTON 10600 UNI ON TERRACE 11300 BALSAM 12100 J ONQUI L 11900 HEML OCK 12000 I VES 10900 XI MI NES 11100 ZACHARY 10500 TRENTON 9800 MONTI CELL O 9700 L ANCASTER 10400 SARATOGA 9600 KI L MER 10000 ORLEANS 10100 PI L GRI M 10200 QUAKER 10300 REVERE 9900 NATHAN 9500 T H 169 RIDGEMOUNT AVE. 5THAVE. 10THAVE. 20THAVE. 15THAVE. 25THAVE. 35THAVE. 30THAVE. 40THAVE. 45THAVE. 50THAVE. 55THAVE. 60THAVE. ST A T E H W Y N O 55 ST A T E H W Y N O 5 5 CORDNO47 ST ATE HWY NO 169 ST ATE H W Y N O 169 BASSLAKERD FE R NBR OOK LA FE R NBR OOK LA TR OY LA VI CKSBURG LA CORDNO47 INTERSTATE HWY NO 494 PE ONY LA CO RD NO 101 VI CKSBURG LA OLDROCKFORDRD CO RD NO 101 CORD NO6 VICKSBURG LA INTERSTATE HWY NO 494 COR D N O 6 R O C KFORDRD ZA C HAR Y LA TIF District 7-62300Berkshire K CityofPlymouth, Minnesota 0 1 2 340.5 Miles City ofPlymouthDevelopmentDistrict No. 7TIFDistrict7-6BerkshireProject DistrictBoundaryLake Page 4 STATE H W Y N O 55 ST A T E H W Y N O 5 5 CO RD NO 47 ST A T E H W Y N O 1 6 9 ST A T E H W Y N O 1 6 9 BASS LAKE RD FE R N B R O O K L A FE R N B R O O K L A TR O Y L A VI C K S B U R G L A CORDNO 47 INTERSTATE HWY NO 494 PE O N Y L A CO R D N O 1 0 1 VI C K S B U R G L A OLDROCKFORD RD CO R D N O 1 0 1 CO RD NO 6 VICKS BURG LA INTERSTATE HWY NO 494 CO R D N O 6 R O C K FORD RD ZA C H A R Y L A 17 2 0 0 I NL AND 17 1 0 0 HOL L Y 17 0 0 0 GARL A ND 17 3 0 0 J EWEL 17 4 0 0 KI MBE RL Y 19 1 0 0 B ROCKTON 17 5 0 0 L AWNDA L E 17 6 0 0 MERRI MA C 17 7 0 0 NARCI S S US 17 8 0 0 OL I VE 17 9 0 0 PEONY 18 0 0 0 QUEENSL A ND 18 1 0 0 RANI ER 18 2 0 0 SHADYVI E W 18 3 0 0 TROY 18 4 0 0 URBANDA L E 18 5 0 0 V A GABOND 18 7 0 0 X A NTHUS 18 6 0 0 WA L NUT GROV E 18 8 0 0 Y E L L OWSTONE 18 9 0 0 Z I RCON 19 0 0 0 A L VARADO 14 9 0 0 L A NEWOOD 14 8 0 0 K I NGSVI EW 15 0 0 0 MI NNESOTA 15 1 0 0 NI A GARA 15 3 0 0 P OL A RI S 15 2 0 0 ORCHI D 15 4 0 0 QUA NTI CO 15 5 0 0 RA NCHVI EW 15 6 0 0 S HE NANDOAH 15 7 0 0 T E RRACEVI EW 15 8 0 0 UP L A ND 16 0 0 0 WE S T ON 15 9 0 0 V I CK S B URG 16 2 0 0 Y UMA 16 1 0 0 X E NE 16 4 0 0 A RCHE R 16 3 0 0 Z A NZ I B AR 16 5 0 0 BL A CK OA KS 16 6 0 0 COMS T OCK 16 8 0 0 EVE RE S T 16 9 0 0 FOUNT A I N 16 7 0 0 DUNK I RK 12 6 0 0 OAK V I E W 12 8 0 0 QUI NWOOD 13 0 0 0 SYCA MORE 12 9 0 0 ROS E WOOD 13 3 0 0 VI NEWOOD 13 2 0 0 UNDERWOOD 13 4 0 0 WEDGE WOOD 13 1 0 0 TEAKWOOD 12 7 0 0 PI NE V I E W 13 7 0 0 ZI NNI A 13 6 0 0 YUCCA 13 8 0 0 ANNAPOL I S 13 5 0 0 XENI UM 13 9 0 0 BERKSHI RE 14 0 0 0 CHESHI RE 14 1 0 0 DAL L AS 14 2 0 0 EMPI RE 14 3 0 0 FERNBROOK 14 4 0 0 GL ACI ER 14 5 0 0 HA RBOR 14 7 0 0 J UNEAU 14 6 0 0 I T HACA 5TH AVE. 10TH AVE. RIDGEMOUNT AVE. 15TH AVE. 20TH AVE. 25TH AVE. 30TH AVE. 35TH AVE. 40TH AVE. 45TH AVE. 50TH AVE. 55TH AVE. 10 3 0 0 REVERE 10 4 0 0 S A RATOGA 10 6 0 0 UNI ON TERRA CE 10 5 0 0 T RE NTON 10 8 0 0 WE L L I NGTON 10 7 0 0 V A L L EY FORGE 10 9 0 0 X I MI NES 11 0 0 0 Y ORKTOWN 11 1 0 0 Z A CHA RY 11 2 0 0 A RROWOOD 11 3 0 0 B A L S A M 11 4 0 0 COT T ONWOOD 11 6 0 0 E V E RGREEN 11 5 0 0 DE E RWOOD 11 8 0 0 GOL DE NROD 11 7 0 0 F ORE S TVI EW 12 0 0 0 I V E S 11 9 0 0 HE ML OCK 12 2 0 0 K I RK WOOD 12 1 0 0 J ONQUI L 12 3 0 0 L A RCH 12 4 0 0 MA GNOL I A 12 5 0 0 NORWOOD 9 6 0 0 KI L MER 9 5 0 0 T H 1 6 9 9 7 0 0 L ANCAS T E R 9 8 0 0 MONTI CEL L O 9 9 0 0 NATHAN 10 0 0 0 ORL EANS 10 2 0 0 QUAKER 10 1 0 0 P I L GRI M 60TH AVE. 14 0 0 0 CHE S HI RE 17 5 0 0 L A WNDAL E 19 0 0 0 AL V A RA D O 18 8 0 0 Y EL L OWST ONE 18 6 0 0 WAL NUT GR OV E 18 5 0 0 V A GA B OND 18 4 0 0 URB A NDAL E 18 2 0 0 S HA DY VI E W 18 0 0 0 QUE E NSL A ND 17 7 0 0 NA RCI S S US 17 6 0 0 ME RRI MA C 19 1 0 0 B R OCKT ON 18 9 0 0 ZI RC ON 18 7 0 0 X A NT HUS 17 9 0 0 P E ONY 18 3 0 0 T R OY 18 1 0 0 RA NI E R 17 8 0 0 OLI V E 15 7 0 0 T E RRA CE VI E W 16 6 0 0 C OMST OCK 16 5 0 0 BL A CK OA K S 15 9 0 0 VI CK S B UR G 17 4 0 0 KI MB E RL Y 17 0 0 0 GA RL A ND 17 3 0 0 J E WEL 17 1 0 0 H OL L Y 17 2 0 0 I NL A ND 16 7 0 0 DUNKI RK 16 9 0 0 F OUNT AI N 16 8 0 0 E V E RE ST 16 3 0 0 Z A NZI B A R 16 4 0 0 A RCHE R 16 2 0 0 Y U MA 16 1 0 0 X E NE 16 0 0 0 WE ST ON 15 8 0 0 UPL A ND 14 3 0 0 F E RNB R OOK 15 6 0 0 S HE NA ND OA H 15 5 0 0 RA NCHVI E W 15 4 0 0 QUA NTI C O 15 0 0 0 MI NNE S OT A 14 8 0 0 KI N GS VI E W 14 9 0 0 L A NE WOOD 15 3 0 0 P OL A RI S 15 2 0 0 ORCHI D 15 1 0 0 NI A GA RA 14 4 0 0 GL A CI E R 14 6 0 0 I T HA CA 14 7 0 0 J UNE A U 14 5 0 0 HA RB OR 14 2 0 0 E MPI RE 14 1 0 0 DAL L A S 12 2 0 0 KI RK WOOD 12 5 0 0 N OR WOOD 12 4 0 0 MA GN OLI A 13 9 0 0 B E RK S HI RE 13 8 0 0 A NNA P OLI S 13 1 0 0 T E A K WOOD 13 4 0 0 WE D GE WOOD 13 2 0 0 UNDE R WOOD 13 3 0 0 VI NE WOOD 12 9 0 0 R OS E WOOD 13 0 0 0 S Y CA MORE 12 8 0 0 QUI N WOOD 13 5 0 0 X E NI U M 13 6 0 0 Y UCCA 13 7 0 0 ZI NNI A 12 7 0 0 PI NE VI E W 12 3 0 0 L A RCH 12 6 0 0 OA K VI E W 11 7 0 0 F ORE ST VI E W 11 8 0 0 GOL DE NR OD 11 5 0 0 DE E R WOOD 11 6 0 0 E V E R GRE E N 11 4 0 0 C OT T ON WOOD 11 2 0 0 A RR OWOOD 11 0 0 0 Y ORKT OWN 10 7 0 0 V AL L E Y F OR GE 10 8 0 0 WEL LI N GT ON 10 6 0 0 UNI ON T E RRA CE 11 3 0 0 B AL S A M 12 1 0 0 J ON QUI L 11 9 0 0 HE ML OCK 12 0 0 0 I V E S 10 9 0 0 XI MI NE S 11 1 0 0 Z A CHA RY 10 5 0 0 T RE NT ON 9 8 0 0 MONTI CEL L O 9 7 0 0 L A NCA ST E R 10 4 0 0 S A RAT OGA 9 6 0 0 KI L ME R 10 0 0 0 ORL E A NS 10 1 0 0 PI L GRI M 10 2 0 0 QUA K E R 10 3 0 0 RE V E RE 9 9 0 0 NAT HA N 9 5 0 0 T H 1 6 9 RIDGEMOUNT AVE. 5TH AVE. 10TH AVE. 20TH AVE. 15TH AVE. 25TH AVE. 35TH AVE. 30TH AVE. 40TH AVE. 45TH AVE. 50TH AVE. 55TH AVE. 60TH AVE. 1-1Shops at Plymouth Creek 1 0 1 2 340.5 Miles HRA TIF District 1-1ShopsatPlymouthCreekKCityofPlymouth, Minnesota District Boundary Lake Page 5 Page 6 Page 7 Page 8 MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 7-6 within REDEVELOPMENT PROJECT NO. 7 PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY CITY OF PLYMOUTH HENNEPIN COUNTY STATE OF MINNESOTA Adopted: October 10, 2000 Modification No. 1: December 20, 2001 Modification No. 2: Public Hearing November 24, 2009 Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com DRAFT FOR FISCAL IMPLICATIONS Page 9 City of Plymouth Modification of TIF District No. 7-6 1 Section A. Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: City" means the City of Plymouth, Minnesota; also referred to as a "Municipality". City Council" means the City Council of the City; also referred to as the "Governing Body". County" means Hennepin County, Minnesota. Development District" means Municipal Development District No. 7 in the City, which is described in the corresponding Development Program. Development Program" means the Development Program for the Development District. Project Area" means the geographic area of the Development District. School District" means Independent School District No. 284, Minnesota. "State" means the State of Minnesota. TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1791, both inclusive. TIF District" means Tax Increment Financing (Redevelopment) District No. 7-6. TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B. Statutory Authorization See Subsection B of the Development Program for the Development District. AS MODIFIED NOVEMBER 24, 2009) Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the City has certain statutory powers pursuant to Minnesota Statutes M.S."), Sections 469.001 to 469.047, and Sections 469.124 to 469.134, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended, to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan for the District. Other relevant information is contained in the Development Program for Development District No. 7. Section C. Statement of Need and Public Purpose See Subsection D of the Development Program for the Development District. Section D. Statement of Objectives See Subsection C of the Development Program for the Development District. Page 10 City of Plymouth Modification of TIF District No. 7-6 2 AS MODIFIED NOVEMBER 24, 2009) In addition to the renovation of an existing facility completed by Continental Property Group, Inc, in the District the City has determined that there is a need to facilitate affordable housing throughout the City. To that end, the City intends to use available tax increments from Redevelopment Tax Increment District No, 7- 6 to assist in the development of affordable housing where the owners or renters meet the income limitations for housing districts under the TIF Act. Section E. Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: 1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, or other improvements, and more than 50% of the buildings (not including outbuildings) are structurally substandard requiring substantial renovation or clearance. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains some type of improvement; or 2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities, or excessive or vacated railroad right-of-ways; or 3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: a) have or had a capacity of more than 1,000,000 gallons; b) are located adjacent to rail facilities; and c) have been removed or are unused, underused, inappropriately used, or infrequently used. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be retained by the City for the life of the TIF District and are available to the public upon request. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. A building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: Page 11 City of Plymouth Modification of TIF District No. 7-6 3 1) the parcel was occupied by a substandard building within a three-year period prior to the parcels inclusion in the district; and 2) if the substandard building was demolished or removed within the three year period, such demolition or removal was performed or financed by the City, or was performed by a developer under a development agreement with the City. In addition, the City must have found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF District. In the case of (2) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. Except to the extent modified by Minnesota Statutes, Section 469.176, subdivision 4k, at least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the city may be included in the qualifying costs. Section F. Duration of the TIF District and the Three Year Rule Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the City elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded, or four years have elapsed from the date of certification, whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations. The City does not elect to delay receipt of the first tax increment. The City reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2027), but anticipates that the TIF District will be decertified prior to that time (see Exhibit II). All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. In addition, no tax increments shall be paid to the City from the TIF District after three years from the date of certification unless within that time period: 1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); 2) the City has acquired property within the TIF District; or 3) the City has constructed public improvements within the TIF District. AS MODIFIED DECEMBER 20, 2001) Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the City elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded, or four years have elapsed from the date of Page 12 City of Plymouth Modification of TIF District No. 7-6 4 certification, whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations. The City does not elect to delay receipt of the first tax increment. The TIF District shall remain in existence for the maximum duration allowed by law (i.e. until December 1, 2027) to the extent required to pay all eligible cots, including amounts permitted to be transferred to TIF District No. 7-5A to eliminate deficits in said District. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. In addition, no tax increments shall be paid to the City from the TIF District after three years from the date of certification unless within that time period: 1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); 2) the City has acquired property within the TIF District; or 3) the City has constructed public improvements within the TIF District. AS MODIFIED NOVEMBER 24, 2009) The last tax increment receipt is expected to be no later than December 31, 2028. Section G. Property to be Included in the TIF District The TIF District is a 3-parcel area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 27-118-22-24-0001 27-118-22-24-0002 27-118-22-21-0008 Lot 2, Block 3, Minneapolis Ind. Park 2nd Addition Lot 2, Block 3, Minneapolis Ind. Park 2nd Addition Lot 1 & 2, Block 3, Minneapolis Ind. Park 2nd Addition The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. AS MODIFIED NOVEMBER 24, 2009) The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. 2711822210012 Section H. Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time. Page 13 City of Plymouth Modification of TIF District No. 7-6 5 AS MODIFIED NOVEMBER 24, 2009) The City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Section I. Specific Development Expected to Occur Within the TIF District The proposed project includes the renovation and upgrade of an existing 240,000 sq. ft. structure at 2300 Berkshire Lane. It is intended to be leased as office and warehouse/production space. The facility is expected to be fully renovated in 2000 and be 100% assessed and on the tax rolls as of January 2, 2001 for taxes payable in 2002. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J. Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: 1) The TIF District qualifies as a redevelopment district. See Section E of this document for the reasons and facts supporting this finding. 2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the City that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. 3) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and Page 14 City of Plymouth Modification of TIF District No. 7-6 6 The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. 4) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. In the instant case tax increment assistance in the amount set forth in Section K hereof will leverage private investment of approximately $9,500,000 in renovating the Berkshire facility. The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(a) (see method (a) in Section P). Section K. Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land/building acquisition and renovation $900,000 Loan interest payments 310,000 Administrative expenses 60,000 Capitalized interest 120,000 Subtotal 1,390,000 Transfers out (Affordable Housing)450,000 Total $1,840,000 AS MODIFIED DECEMBER 20, 2001) Land/building acquisition and renovation $900,000 Loan interest payments 550,000 Administrative expenses 60,000 Capitalized interest 0 Subtotal 1,510,000 Transfers out (Affordable Housing)525,000 Pooling to TIF District 7-5A for deficit*2,135,000 Total $4,170,000 Maximum estimated amount that could be pooled to cover deficits in TIF District No. 7-5A. Actual amounts transferred to cover deficits must be determined in accordance with Minnesota Statutes, Section 469.1763, subdivision 6. The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Expenditures for affordable housing shall be made in compliance with Minnesota Statutes, Sections 469.176, subdivision 4k, and 469.1763, subdivision 2d, as well as the guidelines and requirements to be promulgated by the City for the use of tax increments for such purpose. Page 15 City of Plymouth Modification of TIF District No. 7-6 7 AS MODIFIED NOVEMBER 24, 2009) Currently under consideration for the District is a proposal to facilitate the development and redevelopment of affordable housing projects in the City. The City has determined that it will be necessary to provide assistance to the project for certain costs. The City has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF TAX INCREMENT Land Acquisition500,000 Site Improvements2,100,000 Administrative550,000 Interest1,800,000 Pooling for Housing Projects550,000 TOTAL USES OF FUNDS 5,500,000 The above budget represents the total costs being authorized and is organized according to the Office of State Auditor (OSA) reporting forms. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $3,700,000 total project costs as is presented in the budget above. Estimated capital and administration costs in the table above are subject to change among categories by modification of the TIF Plan without the hearings and notice required for the initial TIF Plan, so long as the total capital and administrative costs do not exceed the total listed above. The total uses of funds does not exceed the total estimated tax increments received during the life of TIF District 7-6 as shown in Appendix B. The City may spend increments from Tax Increment District No. 7-6, for housing projects located anywhere in the City, as all such expenditures are deemed to be within the TIF District under Section 469.1763, Subd. 2 of the TIF Act. Section L. Estimated Sources of Revenue Tax increment revenue $1 ,840,000 Subtotal 1,840,000 Transfers 0 Total $1,840,000 AS MODIFIED DECEMBER 20, 2001) Tax increment revenue $4,170,000 Subtotal 4,170,000 Transfers 0 Total $4,170,000 Page 16 City of Plymouth Modification of TIF District No. 7-6 8 The City anticipates providing financial assistance to the proposed development through the use of a pay- as-you-go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K and Exhibit III). The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. AS MODIFIED NOVEMBER 24, 2009) The City may issue bonds or other obligations secured in whole or in part with tax increments from Tax Increment District No. 7-6 in the maximum principal amount of $3,000,000, the maximum principal amount may be any amount equal to the total projected increments pledged to any bond. In accordance with the TIF Act, the term “bonds” includes pay as you go notes, revenue notes or bonds, general obligation bonds, and interfund loans. The estimated sources of funds for the District are contained in the table as follows. SOURCES OF TAX INCREMENT Tax Increment5,200,000 Interest300,000 Total 5,500,000 Section M. Estimated Amount of Bonded Indebtedness The City does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed $1,840,000. AS MODIFIED NOVEMBER 24, 2009) The City may issue tax increment bonds or other obligations to finance the estimated public costs of the TIF District, in an amount not to exceed $3,000,000. Section N. Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2000, for taxes payable in 2001, is $4,209,000 (based on taxes payable 2000). Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $141,606. Page 17 City of Plymouth Modification of TIF District No. 7-6 9 AS MODIFIED DECEMBER 20, 2001) The Base Estimated Market Value of all property within the TIF District as of January 2, 2000, for taxes payable in 2001, was $4,200,000 (based on taxed payable in 2000). Upon establishment of the TIF District, and subsequent reclassification of property, it is now estimated that the original net tax capacity of the TIF District, recomputed in accordance with Minnesota Statues, Section 469.177, Subdivision 7, to take into account 2001 legislative property classification changes, will be approximately $83,250 as of January 2, 2001, for taxes payable in 2002. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: 1) changes in the tax-exempt status of property; 2) reductions or enlargements of the geographic area of the TIF District; 3) changes due to stipulation agreements or abatements; or 4) changes in property classification rates. Section O. Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2000 and payable in 2001, was not yet available. When this total becomes available, the County Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 1999 and payable in 2000, is 112.239% as shown below. Taxing Jurisdiction 1999/2000 Local Tax Rate City of Plymouth 14.958% Hennepin County 39.655% Independent School District No. 284 49.190% Metro Special Taxing Districts 5.529% Other Special Taxing Districts 2.907% Total 112.239% Page 18 City of Plymouth Modification of TIF District No. 7-6 10 AS MODIFIED DECEMBER 20, 2001) The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2000 and payable in 2001, is 106.110% as shown below. The County Auditor certified this amount as the original tax capacity rate of the TIF District. Taxing Jurisdiction 2000/2001 Local Tax Rate City of Plymouth 13.994% Hennepin County 37.624% Independent School District No. 284 46.387% Metro Special Taxing Districts 5.319% Other Special Taxing Districts 2.786% Total 106.110% For purposes of the updated tax increment projections, contained in Exhibit III to this Amendment No. 1, a projected 2002 tax capacity rate of 106.571% as provided by Hennepin County, has been used. Section P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the City elects shall remain the same for the life of the T1F District, except that a single change may be made at any time from method (a) to method (b) above. The City elects method (a). The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity Page 19 City of Plymouth Modification of TIF District No. 7-6 11 of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit II which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q. Use of Tax Increment Each year the County Treasurer shall deduct 0.25% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: 1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); 2) pay principal and interest on tax increment bonds or other obligations issued to finance the estimated public costs of the TIF District; 3) accumulate a reserve securing the payment of tax increment bonds or other obligations issued to finance the estimated public costs of the TIF District; 4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1 a; or 5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or a privately owned conference facility. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Page 20 City of Plymouth Modification of TIF District No. 7-6 12 AS MODIFIED DECEMBER 20, 2001) Each year the County Treasurer shall deduct a projected .0425% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: 1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); 2) pay principal and interest on tax increment bonds or other obligations issued to finance the estimated public costs of the TIF District; 3) accumulate a reserve securing the payment of tax increment bonds or other obligations issued to finance the estimated public costs of the TIF District; 4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1 a; or 5) pool for deficits as permitted under Minnesota Statutes, Section 469.1763, subdivision 6; or 6) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or a privately owned conference facility. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. AS MODIFIED NOVEMBER 24, 2009) In addition, the City may in the future, subject to the limitation set forth herein, choose to modify the tax increment plan as described in Section AA in order to finance additional public costs of the Tax Increment District No. 7-6, Redevelopment Project No. 7 and certain eligible housing project costs in the City. Page 21 City of Plymouth Modification of TIF District No. 7-6 13 Section R. Excess Tax increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: 1) prepay any outstanding tax increment bonds; 2) discharge the pledge of tax increments thereof; 3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or 4) return excess tax increments to the County Auditor for redistribution to the City, 5) County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S. Tax Increment Pooling and the Five Year Rule Except as modified pursuant to Minnesota Statutes, Section 469.1763, subdivision 2d and subdivision 6, at least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: 1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; 2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. 3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or 4) used to reimburse a party for payment of eligible costs (including interest) 5) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City may elect, in the tax increment financing plan for the district, to increase by up to ten percentage points the permitted amount of expenditures for activities located outside the geographic area of the district. As permitted by section 469.176, subdivision 4k, the expenditures, including the generally permitted pooling expenditures, need not be made within the Project Area. To qualify for the increase under this paragraph, the expenditures must: Page 22 City of Plymouth Modification of TIF District No. 7-6 14 1) be used exclusively to assist housing that meets the requirement for a qualified low-income building, as that term is used in section 42 of the Internal Revenue Code; 2) not exceed the qualified basis of the housing, as defined under section 42 (c) of the Internal Revenue Code, less the amount of any credit allowed under section 42 of the Internal Revenue Code; and a) be used to: acquire and prepare the site of the housing; b) acquire, construct or rehabilitate the housing; or c) make public improvements directly related to the housing The City anticipates that tax increments will be spent outside of the TIF District (including allowable administrative expenses) (see Section K and Exhibit III) and hereby elects to increase by 2 percentage points (to 27%) the permitted amount of expenditures for activities located outside the geographic area of the district. AS MODIFIED DECEMBER 20, 2001) The City also reserves the right to pool increments from the TIF District to cover deficits in TIF District No. 7- 5A, as authorized herein and in Minnesota Statues, Section 469.1763, subdivision 6. AS MODIFIED NOVEMBER 24, 2009) The City anticipates that up to 35% tax increments will be spent outside of the TIF District, including allowable administrative expenses. This amount includes up to 10% pooling inside or outside of the Development District for affordable housing. Section T. Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: 1) amounts paid for the purchase of land; 2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; 3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; 4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or 5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project. Page 23 City of Plymouth Modification of TIF District No. 7-6 15 Section U. Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V. Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. Section W. Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid (LGA/HACA) received by the City from the State. For tax increment financing plans approved on of after July 1, 1995, the City may elect at the time of such approval to make qualifying local contributions to the project, and thereby be exempt from any loss of local government aid. For redevelopment districts these contributions must equal 5.0% of the annual increment generated by the district. If the City elects to make the local contribution but fails to do so in any year, a reduction in local government aid will occur. The loss of aid will equal the greater of 1) the required local contribution or 2) the loss of aid which would have been incurred had the local contribution election not been made. Local contributions must be made out of unrestricted money and may not be made, directly or indirectly, with tax increments or developer payments. The contributions must be used to pay project costs and cannot be used for general government purposes or for costs which would have been incurred absent the project. The City may request contributions from other local governmental entities that will benefit from the establishment of the district. The City does not elect to make qualifying local contributions to the project. Exhibit VI shows the projected loss of LGA/HACA payments to the City given the anticipated life of the TIF District. Section X. Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. Page 24 City of Plymouth Modification of TIF District No. 7-6 16 There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y. Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring any property located within the TIF District. AS MODIFIED NOVEMBER 24, 2009) Contracts for development that have been entered into to date include: 1. Continental Property Group, Inc., on December 18, 2001 Under the contract, the developer was required to provide for the renovation of an existing 240,000 square foot office/warehouse/production facility. Section Z. Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does not anticipate entering into an assessment agreement. Section AA. Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of additional property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: 1) the only modification is elimination of parcels from the TIF District; and 2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. Page 25 City of Plymouth Modification of TIF District No. 7-6 17 The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB. Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: 1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. 2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. 3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AC. Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the City's use of tax increment financing. On or before August 1 of each year, the City must annually submit to the State Auditor, County Auditor and to the governing body of the municipality a Page 26 City of Plymouth Modification of TIF District No. 7-6 18 report which shall: 1) provide full disclosure of the sources and uses of public funds in the TIF District; 2) permit comparison and reconciliation of the accounts and financial reports; 3) permit auditing of the funds expended on behalf of the TIF District; and 4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: 1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; 2) the net tax capacity for the reporting period of the district and any subdistrict; 3) the captured net tax capacity of the district; 4) any fiscal disparity deduction from the captured net tax capacity under section 469.177, subdivision 3; 5) the captured net tax capacity retained for tax increment financing under 469.177, subdivision 2, paragraph (a), clause (1); 6) any captured net tax capacity distributed among affected taxing districts under 469.177, subdivision 2, paragraph (a), clause (2); 7) the type of district; 8) the date the municipality approved the tax increment financing plan and the date of approval of any modification of the tax increment financing plan, the approval of which requires notice, discussion, a public hearing, and findings under subdivision 4, paragraph (a); 9) the date the city first requested certification of the original net tax capacity of the district and the date of request for certification regarding any parcel added to the district; 10) the date the county auditor first certified the original net tax capacity of the district and the date of certification of the original net tax capacity of any parcel added to the district; 11) the month and year in which the city has received or anticipates it will receive the first increment from the district; 12) the date the district must be decertified; 13) for the reporting period and prior years of the district, the actual amount received from, at least, the following categories: i. tax increments paid by the captured net tax capacity retained for tax increment financing under section 469.177, subdivision 2, paragraph (a), clause (1), but excluding any excess taxes; Page 27 City of Plymouth Modification of TIF District No. 7-6 19 ii. tax increments that are interest or other investment earnings on or from tax increments; iii. tax increments that are proceeds from the sale or lease of property, tangible or intangible, purchased by the city with tax increments; iv. tax increments that are repayments of loans or other advances made by the city with tax increments; v. bond or loan proceeds; vi. special assessments; vii. grants; and viii. transfers from funds not exclusively associated with the district; 14) for the reporting period and for the prior years of the district, the amount budgeted under the tax increment financing plan, and the actual amount expended for, at least, the following categories: i. acquisition of land and buildings through condemnation or purchase; ii. site improvements or preparation costs; iii. installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; iv. administrative costs, including the allocated cost of the City; and v. public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and vi. transfers to funds not exclusively associated with the district; 15) for properties sold to developers, the total cost of the property to the City and the price paid by the developer; 16) the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are paid or financed with tax increments and are provided to another governmental unit other than the municipality during the reporting period; 17) the amount of any payments for activities and improvements located outside of the district that are paid for or financed with tax increments; 18) the amount of payments of principal and interest that are made during the reporting period on any non-defeased: i. general obligation tax increment financing bonds; ii. other tax increment financing bonds; and iii. notes and pay-as-you-go contracts; 19) the principal amount, at the end of the reporting period, of any non-defeased: i. general obligation tax increment financing bonds; Page 28 City of Plymouth Modification of TIF District No. 7-6 20 ii. other tax increment financing bonds; and iii. notes and pay-as-you-go contracts; 20) the amount of principal and interest payments that are due for the current calendar year on any non-def eased: i. general obligation tax increment financing bonds; ii. other tax increment financing bonds; and iii. notes and pay-as-you-go contracts; 21) If the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved the tax increment financing plan as a result of the fiscal disparities contribution; 22) whether the tax increment financing plan or other governing document permits increment revenues to be expended; i. to pay bonds, the proceeds of which were or may be expended on activities outside of the district; ii. for deposit into a common bond fund from which money may be expended on activities located outside of the district; or iii. to otherwise finance activities located outside of the tax increment financing district; and 23) any additional information the state auditor may require. The City must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing: 1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; 2) the net tax capacity for the reporting period of the district and any subdistrict; 3) the captured net tax capacity of the district; 4) the month and year in which the city has received or anticipates it will receive the first increment from the district; 5) the date the district must be decertified; 6) the amount of principal and interest payments that are due for the current calendar year on any non-defeased obligations; 7) if the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved the tax increment financing plan as a result of the fiscal disparities contribution; 8) the amounts of tax increment received and expended in the reporting period; 9) and any additional information the city deems necessary. Page 29 City of Plymouth Modification of TIF District No. 7-6 21 The annual statement must inform readers that additional information regarding each district may be obtained from the city, and must explain how the additional information may be requested. The City must publish the annual statement for a year no later than August 15 of the next year. The city must identify the newspaper of general circulation in the municipality to which the annual statement has been or will be submitted for publication and provide a copy of the annual statement to the county board, county auditor, the school board, the state auditor, and the governing body of the municipality on or before August 1 of the year in which the statement must be published. The reporting and disclosure requirements outlined in this section shall begin with the year the district was certified, and shall end in the year in which both the district has been decertified and all tax increments have been spent or returned to the county for redistribution. Failure to meet these requirements, as determined by the State Auditors Office, may result in suspension of distribution of tax increment. Page 30 City of Plymouth Modification of TIF District No. 7-6 22 EXHIBIT I MAP OF TIF DISTRICT NO. 7-6 AND REDEVELOPMENT PROJECT NO. 7 Page 31 City of Plymouth Modification of TIF District No. 7-6 23 EXHIBIT II ASSUMPTIONS REPORT Page 32 City of Plymouth Modification of TIF District No. 7-6 24 AS MODIFIED DECEMBER 20, 2001) Page 33 City of Plymouth Modification of TIF District No. 7-6 25 Page 34 City of Plymouth Modification of TIF District No. 7-6 26 Page 35 City of Plymouth Modification of TIF District No. 7-6 27 Page 36 City of Plymouth Modification of TIF District No. 7-6 28 EXHIBIT IV AS MODIFIED NOVEMBER 24, 2009) ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS The captured tax capacity is slightly higher than the original estimated captured tax capacity. The chart below restates the impacts with updated numbers. IMPACT ON TAX BASE 2008/Pay 2009 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) Upon Completion Percent of CTC to Entity Total Hennepin County 1,463,839,411 232,430 .0159% City of Plymouth 106,283,845 232,430 .2187% Wayzata ISD No. 284 117,477,161 232,430 .1979% IMPACT ON TAX RATES Pay 2009 Extension Rates Percent of Total CTC Potential Taxes Hennepin County 0.404130 43.28% 232,430 $93,932 City of Plymouth 0.24854 26.62% 232,430 $57,768 Wayzata ISD No. 284 0.20406 21.86% 232,430 $47,430 Other 0.07689 8.24% 232,430 $17,872 Total 0.93362 100.00% $217,002 Page 37 MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 within REDEVELOPMENT PROJECT NO. 1 PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY CITY OF PLYMOUTH HENNEPIN COUNTY STATE OF MINNESOTA Adopted: November 23, 2004 Modification No. 1: Proposed to be Adopted November 24, 2009 Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com DRAFT FOR FISCAL IMPLICATIONS Page 38 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 1 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: Authority" means the Plymouth Housing & Redevelopment Authority. City" means the City of Plymouth, Minnesota; also referred to as a "Municipality". City Council" means the City Council of the City; also referred to as the "Governing Body". County" means Hennepin County, Minnesota. Redevelopment Project" means Redevelopment Project Area No. 1 in the City, which is described in the corresponding Redevelopment Plan. Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project Area. Project Area" means the geographic area of the Redevelopment Project Area. School District" means Independent School District No. 284, Minnesota. State" means the State of Minnesota. TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive. TIF District" means Tax Increment Financing (Redevelopment) District No. 1-1. TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section B of the Redevelopment Plan for the Redevelopment Project Area. AS MODIFIED NOVEMBER 24, 2009) Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 to 469.047, and Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended, to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan for the District. Other relevant information is contained in the Redevelopment Plan for Redevelopment Project No. 1. Section C Statement of Need and Public Purpose See Section C of the Redevelopment Plan for the Redevelopment Project Area. Section D Statement of Objectives Page 39 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 2 See Section D of the Redevelopment Plan for the Redevelopment Project Area. AS MODIFIED NOVEMBER 24, 2009) In addition to the redevelopment of a 28 acre site into a 200,000 square feet of retail space in the District the Authority has determined that there is a need to facilitate affordable housing throughout the City. To that end, the Authority intends to use available tax increments from Redevelopment Tax Increment District No, 1-1 to assist in the development and continuation of affordability of housing where the renters and homeowners meet the income limitations for housing districts under the TIF Act. One eligible affordable rental housing development for which tax increments will be utilized is the Vicksburg Crossing senior housing building owned by the Authority. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: 1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots; or other similar structures. 2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or 3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: i) have or had a capacity of more than 1,000,000 gallons; ii) are located adjacent to rail facilities; and iii) have been removed or are unused, underused, inappropriately used, or infrequently used. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above and the findings in Section J. The supporting facts and documentation for this determination will be retained by the City for the life of the TIF District and are available to the public upon request. Under the TIF Act, "structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such Page 40 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 3 evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: 1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; 2) the demolition or removal of the substandard building was performed or financed by the authority, or was performed by a developer under a development agreement with the authority, 3) the authority found by resolution before such demolition or removal occurred that the building was structurally substandard and that the authority intended to include the parcel in the TIF district, and 4) the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. M.S. Section 469.176, Subdivision 4(j)] Section F Duration of the TIF District and the Three Year Rule Redevelopment districts may remain in existence 25 years from the date of receipt by the Authority of the first tax increment. Modifications of this plan (see Section Z) shall not extend these limitations. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2031), but anticipates that the TIF District will be decertified prior to that time (see Section P). All tax increments from taxes payable in the year the T1F District is decertified shall be paid to the Authority. In addition, no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: 1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); 2) the Authority has acquired property within the TIF District; or Page 41 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 4 3) the Authority has constructed, or caused to be constructed, public improvements within the TIF District. AS MODIFIED NOVEMBER 24, 2009) The first increment was received in 2006. The Authority expects the final tax increment to be received on or before December 31, 2031, unless the Authority takes action to decertify the District at an earlier date. Section G Property to be Included in the TIF District The TIF District is an approximate 28 acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel ID Number Legal Description 20-118-22-14-0002 LOT 1, BLOCK 1 SPICER 15905 State Highway 55, ADDITION, HENNEPIN COUNTY, Plymouth, MN MINNESOTA. The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. AS MODIFIED NOVEMBER 24, 2009) The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. 20-118-22-14-0005 20-118-22-14-0006 20-118-22-14-0007 20-118-22-14-0008 20-118-22-14-0009 Further, parcel 20-118-22-14-0010 will be removed from the District. This parcel is to be decertified effective for taxes payable 2011 Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District. The Authority anticipates acquiring property for the future senior residential project, and reserves the right to reimburse developers for any future acquisition costs. AS MODIFIED NOVEMBER 24, 2009) The HRA or City may acquire any parcel within the District or the Project Area including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: affordable housing, storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, Page 42 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 5 site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Section I Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of the existing 28-acre site into The Shops at Plymouth Creek which will contain approximately 200,000 square feet of retail and a future 60 unit senior residential project. The main tenant will be a 34,000 square foot Lowes Home Improvement Store, along with a bank, drug store, pad retail/restaurant site with drive-thru, 24,000 square feet of intermediate size retail space, and 16,000 square feet of small restaurant/retail space. The Authority intends to use tax increment to finance its share of the road improvements to the Vicksburg/Highway 55 and the 32nd Avenue/Highway 55 intersections, land acquisition for future senior residential site, pooling for the City's TIHAP account for affordable housing and related administrative expenses. The project is expected to be fully constructed in 2006 and be 100% assessed and on the tax rolls as of January 2, 2007 for taxes payable in 2008. At the time this document was prepared there were no signed development contracts with regards to the above described development. AS MODIFIED NOVEMBER 24, 2009) The HRA entered into a development agreement with the Shops at Plymouth Creek, L.L.C. on February 1, 2005. Development included five phases of commercial buildings on a 28 acre site with approximately 200,000 s.f. of retail space. The Authority also constructed a senior rental housing development in the District, which is now being decertified from the boundaries of the District. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the Authority makes the following findings: 1) The TIF District qualifies as a redevelopment district; A Redevelopment Eligibility Assessment, dated September 2, 2004, was completed by Short Elliott Hendrickson Inc (SEH) for the proposed district consisting of one parcel with 1 industrial/manufacturing building with parking and other paved areas. An interior and exterior inspection of the building was completed. The report found that the property met the coverage test with 100% area coverage, exceeding the 70% area coverage requirement. In addition the one building was found to be "structurally substandard" when considering code deficiencies and other deficiencies which justified substantial renovation or clearance, which exceeds the Condition of Buildings Test whereby over 50% of the buildings, not including outbuildings, must be found "structurally substandard". 2) The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. 3) In the opinion of the Authority, the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present Page 43 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 6 value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. a. The Authority's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0, and a small amount attributable to appreciation in land value. b. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be approximately $15,510,000. c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $1,612,062 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $13,897,938 (the amount in clause b less the amount in clause c) without tax increment assistance. 4) The TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally complement and serve to implement policies adopted in the City's comprehensive plan. 5) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land/Building acquisition $525,000 Road Improvements 665,000 Site Improvements/Preparation costs 0 Installation of public utilities 0 Parking facilities 0 Bond Principal Payments 1,500,000 Bond Interest Payments 1,050,000 Capitalized Interest 250,000 Administrative Expenses 145,000 Pooling — Affordable Housing 433,000 Total 4,568,000 The Authority reserves the right to administratively adjust the amount of any of the items listed above or to Page 44 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 7 incorporate additional eligible items, so long as the total estimated public cost is not increased. The Authority also intends to use tax increment to pay eligible project costs within the Project Area. AS MODIFIED NOVEMBER 24, 2009) Currently under consideration for the District is a proposal to facilitate the development and redevelopment of affordable housing projects in the City. The Authority has determined that it will be necessary to provide assistance to the project for certain costs. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with previous and future expenditures in the District, in the Project Area, and in the City is outlined in the following table. USES OF TAX INCREMENT Land/Building Acquisition 1,500,000 Site Improvements 1,550,000 Public utilities 250,000 Streets/sidewalks 675,000 Interest 1,250,000 Administrative Costs 400,000 10% pooling for Affordable Housing 625,000 TOTAL USES OF FUNDS 6,250,000 The above budget represents the total costs being authorized and is organized according to the Office of State Auditor (OSA) reporting forms. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $5,000,000 total project costs as is presented in the budget above. Estimated capital and administration costs in the table above are subject to change among categories by modification of the TIF Plan without the hearings and notice required for the initial TIF Plan, so long as the total capital and administrative costs do not exceed the total listed above. The total uses of funds does not exceed the total estimated tax increments received during the life of TIF District 1-1 as shown in Appendix B. The HRA may spend increments from Tax Increment District No. 1-1, for housing projects located anywhere in the City, as all such expenditures are deemed to be within the TIF District under Section 469.1763, Subd. 2 of the TIF Act. Page 45 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 8 Section L Estimated Sources of Revenue Tax Increment revenue $2,900,000 Interest on invested funds 168,000 Bond proceeds 1,500,000 Loan proceeds 0 Real estate sales 0 Special assessments 0 Rent/Lease revenue 0 Grants 0 Other 0 Subtotal 4,568,000 Transfers In 0 Total 4,568,000 The Authority anticipates providing financial assistance to the proposed development through the issuance of Tax Increment Revenue bonds to pay public costs incurred (see Section K). As tax increments are collected from the TIF District in future years, they will be used to pay debt service on the bonds. The Authority reserves the right to finance any or all public costs of the T1F District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. AS MODIFIED NOVEMBER 24, 2009) The HRA may issue bonds secured in whole or in part with tax increments from Tax Increment District No. 1-1 in the maximum principal amount of $4,000,000. In accordance with the TIF Act, the term bonds” includes pay as you go notes, revenue notes or bonds, general obligation bonds, and interfund loans. The estimated sources of funds for the District are contained in the table as follows. SOURCES OF TAX INCREMENT Tax Increment 5,500,000 Interest 750,000 Total Tax Increment 6,250,000 Section M Estimated Amount of Bonded Indebtedness The Authority reserves the right to issue bonds to finance the estimated public costs of the TIF District in an amount not to exceed $2,000,000. AS MODIFIED NOVEMBER 24, 2009) The City has issued bonds within the meaning of Minnesota Statutes 469.174, sub 3. The maximum principal amount may not exceed $4,000,000. Page 46 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 9 Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the T1F District This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2004, for taxes payable in 2005, is $7,490,000. Upon establishment of the TIF District, and subsequent reclassification of property, it is estimated that the original net tax capacity of the TIF District will be approximately $149,050. Each year the County Auditor shall certify the amount t hat the original net tax capacity has increased or decreased as a result of: 1) changes in tax exempt status of property; 2) reductions or enlargements of the geographic area of the TIF District; 3) changes due to stipulation agreements or abatements; or 4) changes in property classification rates. Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. At the time this document was prepared, the sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2004 and payable in 2005, was not yet available. When this total becomes available, the County Auditor shall certify-this amount as the original tax capacity rate of t he T IF District. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2003 and payable in 2004, is 101.617% as shown below. Taxing Jurisdiction 2003/2004 Local Tax Rate City of Plymouth 23.922 Hennepin County 47.324 ISD # 284 22.115 Other 8.256 Total 101.617% Page 47 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 10 AS MODIFIED NOVEMBER 24, 2009) The TIF District was certified under the Pay 2006 rate. The frozen tax rate for the TIF District is 97.3490%. Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit 11 gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit Ill which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit Ill shows the projected deduction for this purpose over the anticipated fife of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: 1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); 2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; 3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; 4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or 5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school Page 48 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 11 district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, o r conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. AS MODIFIED NOVEMBER 24, 2009) In addition, the HRA or City may, subject to the limitation set forth herein choose to modify the tax increment plan as described in Section AA in order to finance additional public costs of the Tax Increment District No. 1-1, Redevelopment Project No. 1 and certain eligible housing project costs in the City. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: 1) prepay any outstanding tax increment bonds; 2) discharge the pledge of tax increments thereof; 3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or 4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: 1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; 2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. 3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of Page 49 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 12 the district; or 4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIE District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority does anticipate that tax increments will be spent (pooling) outside of the T1F District but in the Project Area. AS MODIFIED NOVEMBER 24, 2009) In 2009 M.S., Section 469.1763, Subd. 3 was amended to include Subd 3(c) which reads: For a redevelopment district or a renewal and renovation district certified after June 30, 2003 and before April 20, 2009, the five-year periods described in paragraph (a) are extended to ten years after certification of the district. This extension is provided primarily to accommodate delays in development activities due to the unanticipated economic circumstances. This District was certified on April 4, 2005 and therefore, the new date by which qualifying activities must take place is April 4, 2015. The City anticipates that tax increments will be spent outside of the TIF District, including allowable administrative expenses, and outside the Project Area and hereby elects to increase from 25% by 10 percentage points to 35% the permitted amount of expenditures for activities located outside the geographic area of the district for purposes of affordable housing. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: 1) amounts paid for the purchase of land; 2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; 3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; 4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or 5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of Page 50 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 13 a) 10% of the total estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures for the project. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. AS MODIFIED ON NOVEMBER 24, 2009 TO INCLUDE NEW LANGUAGE IN CURRENT LAW) In 2009 M.S., Section 469.176, Subd. 6 was amended to include Subd 6(b) which reads: For districts which were certified on or after January 1, 2005, and before April 20, 2009, the four-year period under paragraph (a) is increased to six years. This District was certified on April 4, 2005 and therefore, the new date by which qualifying activities must take place on or adjacent to any parcel in the District is April 4, 2011. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. Section W Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TV Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Page 51 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 14 Section X Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the Authority is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the Authority must enter into an agreement for the development o f the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development and anticipates acquiring property located within the TIF District. AS MODIFIED NOVEMBER 24, 2009) Contracts for development that have been entered into to date include: 1. Shops at Plymouth Creek, LLC, on February 1, 2005 Section Y Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The Authority does not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: 1) the only modification is elimination of parcels from the TIF District; and 2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Page 52 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 15 Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the T IF D 'strict. T o assist t he County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. T he a mount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIP Plan, the following actions should occur on an annual basis: 1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. 2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. 3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. T he reverse shall also apply; b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AB Financial Reporting and Disclosure Requirements The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. Page 53 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 16 Exhibit I MAP OF TAX INCREMENT FINANCING DISTRICT NO. 1-1 Page 54 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 17 EXHIBIT II ASSUMPTIONS REPORT Page 55 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 18 Page 56 10 1 4 2 0 0 9 TI F 1 1 Ci t y o f P l y m o u t h Co 2 0 7 4 AS S U M P T I O N S A N D R A T E S Di s t r i c t T y p e Re d e v e l o p m e n t Ma x im u m F r o z e n L o c a l T a x R a te Di s t r i c t N a m e N u m b e r 1- 1 20 1 0 Cu r re n t L o c a l T a x R a te U s e le s s e r o f C u r re n t o r M a x Co u n t y D i s t r i c t 2 0 7 4 St a t e w id e T a x R a t e C o m m I n d o n ly u s e d fo r to t a l t a x e s Fi r s t Y e a r C o n s t r u c t i o n o r I n f l a t i o n o n V a l u e 2 0 0 8 Ma rk e t V a lu e T a x R a t e U s e d fo r t o t a l t a x e s Ex i s t i n g D i s t r i c t S p e c i f y N o Y e a r s R e m a i n i n g In f la t io n R a t e E v e r y Y e a r 0. 0 0 P R O P E R T Y T A X C L A S S E S A N D C L A S S R A T E S In t e r e s t R a t e 6. 0 0 Ex e m p t C la s s R a t e E x e m p t Pr e s e n t V a lu e D a t e 1- F e b 0 6 Co m m e r c ia l I n d u s t r ia l P r e f e rre d C la s s R a t e C I P r e f Fi r s t P e r io d E n d in g 1 A u g 0 6 F irs t 1 5 0 0 0 0 Ta x Y e a r D is t r ic t w a s C e r t if ie d Pa y 2 0 0 3 Ov e r 1 5 0 0 0 0 Ca s h f lo w A s s u m e s F ir s t T a x I n c r e m e n t F o r D is t r ic t 2 0 1 0 C o m m e r c ia l I n d u s tria l C la s s R a t e C I Ye a r s o f T a x I n c r e m e n t 22 Re n t a l H o u s in g C la s s R a t e R e n t a l Ass u m e s L a s t Y e a r o f T a x I n c r e m e n t 20 3 1 Aff o r d a b le R e n t a l H o u s in g C la s s R a te A ff R e n ta l Fi s c a l D is p a r it ie s E le c t io n O u t s id e A I n s id e B o r N A In s i d e B No n H o m e s te a d R e s id e n t ia l N o n H R e s In c r e m e n t a l o r T o t a l F is c a l D is p a r it ie s In c r e m e n t a l Ho m e s t e a d R e s id e n ta l C la s s R a t e H m s t d R e s Fi s c a l D is p a r it ie s C o n t r ib u t io n R a t io 37 2 0 0 1 P a y 2 0 0 9 Fi rs t 5 0 0 0 0 0 Fi s c a l D is p a r it ie s M e t r o W id e T a x R a t e 11 5 9 2 1 0 P a y 2 0 0 9 Ov e r 5 0 0 0 0 0 Agr ic u lt u ra l N o n H o m e s t e a d Pe r c e n t a g e Ta x Y e a r P r o p e r t y C u r r e n t La n d Bu i l d i n g To t a l O f V a l u e U s e d O r i g i n a l O r i g i n a l T a x O r ig in a l Ma p PI D Ow n e r A d d r e s s M a r k e t V a l u e M a r k e t V a l u e M a r k e t V a l u e f o r D i s t r i c t M a r k e t V a l u e M a r k e t V a lu e C l a s s T a x C a p a c 20 1 1 8 2 2 1 4 0 0 0 2 5, 2 1 4 1 0 0 2 2 7 5 9 0 0 7 4 9 0 0 0 0 10 0 7 4 9 0 0 0 0 P a y 2 0 0 3 C I P re f 14 9 0 10 0 0 P a y 2 0 0 3 0 10 0 0 P a y 2 0 0 3 0 10 0 0 P a y 2 0 0 3 0 10 0 0 P a y 2 0 0 3 0 10 0 0 P a y 2 0 0 3 0 10 0 0 P a y 2 0 0 3 5, 2 1 4 1 0 0 2 2 7 5 9 0 0 7 4 9 0 0 0 0 7, 4 9 0 0 0 0 1 4 9 No t e B A S E V A L U E I N F O R M A T I O N O r i g i n a l T a x C a p a c i t y Pr e p a r e d b y E h le r s A s s o c ia te s In c E s tim a te s O n ly N: M in n s o ta P L Y M O U T H T IF 10 1 4 2 0 0 9 TI F 1 1 Ci t y o f P l y m o u t h Co 2 0 7 4 Pr o p e r ty Pe r c e n ta g e P e r c e n ta g Ma r k e t Ta x Pr o j e c t Co m p le te d C o m p l e te PI D Val u e Cl a s s T a x C a p a c i t y 20 0 8 20 0 9 20 1 1 8 2 2 1 4 0 0 0 5 13 7 0 6 0 0 0 C I P r e f 2 7 3 3 7 0 10 0 1 0 0 20 1 1 8 2 2 1 4 0 0 0 6 6, 2 0 0 0 0 0 C/ I 12 4 0 0 0 10 0 1 0 0 20 1 1 8 2 2 1 4 0 0 0 7 2, 0 0 0 0 0 0 C/ I 40 0 0 0 10 0 1 0 0 20 1 1 8 2 2 1 4 0 0 0 8 2, 8 0 0 0 0 0 C I P r e f 5 5 2 5 0 10 0 1 0 0 20 1 1 8 2 2 1 4 0 0 0 9 1, 0 0 0 0 0 0 C/ I 20 0 0 0 10 0 1 0 0 0 10 0 1 0 0 TO T A L 25 7 0 6 0 0 0 51 2 6 2 0 No t e To t a l Fi s c a l L o c a l Lo c a l Fi s c a l S t a t e w i d e M a r k e t Ta x Di s p a r i t i e s T a x P r o p e r t y Di s p a r i t i e s P r o p e r t y Val u e To t a l 0 Ca p a c i t y Ta x C a p a c i t y Ca p a c i t y Ta x e s Ta x e s T a x e s Ta x e s Ta x e s 20 1 1 8 2 2 1 4 0 0 0 5 2 7 3 3 7 0 1 0 1 6 9 4 1 7 1 6 7 6 1 6 1 9 1 8 11 7 8 8 5 1 2 4 4 7 9 2 0 5 4 1 4 2 4 8 2 3 20 1 1 8 2 2 1 4 0 0 0 6 1 2 4 0 0 0 4 6 1 2 8 7 7 8 7 2 73 4 4 6 53 4 7 2 5 6 4 6 3 9, 2 9 2 1 9 2 6 7 3 20 1 1 8 2 2 1 4 0 0 0 7 4 0 0 0 0 1 4 8 8 0 2 5 1 2 0 23 6 9 2 17 2 4 9 1 8 2 1 4 2, 9 9 7 62 1 5 3 20 1 1 8 2 2 1 4 0 0 0 8 5 5 2 5 0 2 0 5 5 3 3 4 6 9 7 32 7 2 5 23 8 2 5 2 5 1 5 8 4, 1 9 6 85 9 0 5 20 1 1 8 2 2 1 4 0 0 0 9 2 0 0 0 0 7 4 4 0 1 2 5 6 0 11 8 4 6 8, 6 2 5 9, 1 0 7 1, 4 9 9 31 0 7 6 00 0 0 0 0 0 0 TO T A L 51 2 6 2 0 1 9 0 6 9 5 3 2 1 9 2 5 3 0 3 6 2 7 22 1 0 5 6 2 3 3 4 2 2 3 8 5 2 6 7 9 6 6 2 9 No t e 1. T a x e s a n d t a x i n c r e m e n t w i l l v a r y s i g n f i c a n t l y f r o m y e a r t o y e a r d e p e n d i n g u p o n v a l u e s r a t e s s ta t e l a w f i s c a l d is p a r i t ie s a n d o t h e r f a c t o r s w h i c h c a n n o t b e p r e d i c t e d To t a l P r o p e r t y T a x e s 79 6 6 2 9 le s s S t a t e w i d e T a x e s 2 3 3 4 2 2 le s s F i s c a l D i s p A d j 2 2 1 0 5 6 le s s M a r k e t V a l u e T a x e s 3 8 5 2 6 le s s B a s e V a l u e T a x e s 8 8 2 8 3 An n u a l G r o s s T I F 2 1 5 3 4 4 W H A T I S E X C L U D E D F R O M T I F TA X C A L C U L A T I O N S PR O J E C T IN F O R M A T I O N P r o j e c t T a x C a p a c it y Pr e p a r e d b y E h le r s A s s o c ia te s In c E s tim a te s O n ly N: M in n s o ta P L Y M O U T H T IF 10 1 4 2 0 0 9 TI F 1 1 Ci t y o f P l y m o u t h Co 2 0 7 4 TA X I N C R E M E N T C A S H F L O W Pr o j e c t O r i g i n a l F i s c a l C a p t u r e d Lo c a l A n n u a l S e m i A n n u a l S t a t e Se m i A n n u a l o f T a x Ta x D i s p a r i t i e s T a x Ta x G r o s s T a x G r o s s T a x A u d i t o r Ne t T a x OT C C a p a c i t y C a p a c i t y I n c r e m e n t a l C a p a c i t y Ra t e I n c r e m e n t I n c r e m e n t 0 3 6 In c r e m e n t 67 3 67 3 56 6 6 2 56 6 6 2 15 1 7 7 7 15 1 7 7 7 15 3 0 4 2 15 3 0 4 2 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 51 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 10 0 5 1 2 6 2 0 1 4 9 0 5 0 1 3 5 2 4 8 22 8 3 2 2 94 2 1 5 3 4 4 10 7 6 7 2 3 8 8 10 7 2 8 4 T o t a l 5 4 4 4 8 1 6 Pr e p a r e d b y E h le r s A s s o c ia te s In c E s tim a te s O n ly N: M in n s o ta P L Y M O U T H T IF T Plymouth Tax Increment Financing Plan for TIF District No. 1-1 19 EXHIBIT IV ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS REPORT Page 60 Plymouth Tax Increment Financing Plan for TIF District No. 1-1 20 EXHIBIT V MARKET VALUE ANALYSIS REPORT Page 61 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1 AND FOR TAX INCREMENT FINANCING DISTRICT NO. 7-6 WHEREAS, the Housing and Redevelopment Authority in and for the City of Plymouth (the Authority”) previously established Redevelopment Project Area No. 1, pursuant to Minnesota Statutes, Chapter 469, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City of Plymouth (the “City”); and WHEREAS, the Authority previously established Tax Increment Financing (Redevelopment) District No. 1-1 (“TIF District 1-1”), pursuant to and in accordance with Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Sections 469.174 through 469.1799, as amended (the “Act”); and WHEREAS, the Authority is proposing modifications to its Tax Increment Financing Plan for TIF District 1-1 (the “TIF District 1-1 Modifications”), which include: i) extending the duration of TIF District 1-1 district for an additional 10 years, ii) pooling the maximum amount allowed under law from TIF District 1-1 for qualified housing development projects, iii) increasing the budget of TIF District 1-1, and iv) removing a parcel from TIF District 1-1, pursuant to and in accordance with the Act, all to provide for pooling for housing projects and qualified housing development projects and to make other conforming changes; and WHEREAS, the Board of the Authority, on October 22, 2009, adopted the TIF District 1-1 Modifications, subject to approval by this City Council following a public hearing as described below, and transmitted the TIF District 1-1 Modifications to this City Council for consideration; and WHEREAS, the City previously established Development District No. 7, pursuant to Minnesota Statutes, Chapter 469, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the City previously established Tax Increment Financing (Redevelopment) District No. 7-6 (“TIF District 7-6” and, together with TIF District 1-1, the “Districts”), pursuant to and in accordance with the Act; and WHEREAS, the Authority and the City are proposing modifications by the City to TIF District 7-6 (the “TIF District 7-6 Modifications” and, together with the TIF District 1-1 Modifications, the Modifications”), which include: i) increasing the budget of TIF District 7-6, and ii) pooling the maximum amount allowed under law from TIF District 7-6 for qualified housing development projects, Page 62 pursuant to and in accordance with the Act, all to provide for pooling for housing projects and qualified housing development projects and to make other conforming changes; and WHEREAS, members of the Board of County Commissioners of Hennepin County and of the Board of Education of Independent School District No. 284 have been given an opportunity to meet with the City and the Authority and comment on the Modifications. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, this Council, on November 24, 2009, conducted a public hearing on the desirability of approving the Modifications. Notice of the public hearing was duly published as required by law in the Plymouth, Wayzata, Orono Sun Sailor, the official newspaper of the City, on November 12, 2009. The City and the Authority have [not] received written comments on the Modifications from the county and the school district after providing the county and the school district boards with information on the fiscal and economic implications of the Modifications not less than 30 days before the date of the public hearing; and WHEREAS, in addition to the notice and opportunity described above, as required by Minnesota Statutes, Section 469.175, subdivision 2a, the City and the Authority, not less than 30 days before the publication of the notice of public hearing referred to above, delivered written notice to the members of the Board of County Commissioners of Hennepin County who represent the Districts. The notice contained a general description of the boundaries of the Districts, the proposed development activities to be undertaken therein, an offer by representatives of the City and the Authority to meet and discuss the proposed Modifications with the county commissioners and a solicitation of the commissioners’ comments with respect to the Districts; WHEREAS, the Authority and the City have caused the Modifications to be prepared and submitted to the Plymouth Planning Commission (the “Commission”), and the Commission has determined, on November 18, 2009, that each of the Modifications conforms to the general plan for the development and redevelopment of the City as a whole and that each of the Districts is properly zoned and will afford maximum opportunity, consistent with the sounds needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA , AS FOLLOWS: Section 1. Approval of Modifications a) Each of the Districts is a “redevelopment district” within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10. On the basis of the Modifications and the information elicited at the public hearing referred to herein, it is hereby found, determined and declared that: b) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, with respect to each District, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the respective Modifications. Therefore, the use of tax increment financing from each of the Districts is deemed necessary since private developers could not economically develop the projects without the proposed subsidy. c) Each of the Modifications conforms to the general plan for the development or redevelopment of the City as a whole. Page 63 d) Each of the Modifications affords maximum opportunity, consistent with the sounds needs of the City as a whole, for the development or redevelopment of the proposed projects by private enterprise. e) Upon review of the Modifications, the information elicited at the public hearing and on the basis of the findings in (a) through (d) above, this Council hereby approves each of the Modifications. Section 4. Filing The [City Clerk] is hereby authorized and directed to file the TIF District 7-6 Modifications with the Commissioner of Revenue and the Office of the State Auditor as required by Minnesota Statutes, Section 469.175, subdivision 4a. Approved this 24th day of November, 2009. Page 64 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 72 ENG_PublicImprHrg_10004.docx 1. ACTION REQUESTED: Make a motion to adopt the attached resolution ordering the improvement, and authorizing the preparation of plans and specifications by the City Engineering Department for the 8th Avenue Street Reconstruction Project, City Project No. 10004. This resolution requires 6 votes for approval. 2. BACKGROUND: On November 10, 2009 the City Council accepted the Preliminary Engineering Report and set November 24, 2009 as the public hearing date for reconstructing 8th Avenue from County Road 101 to approximately 100 feet east of Shadyview Lane. The 8th Avenue project will involve total street reconstruction. Total reconstruction includes removing the bituminous surface, replacing the subgrade material with sand and rebuilding the crushed rock and bituminous layers. The project will also include the installation of concrete curb and gutter. The new curb and gutter will be high back, B618 curb and gutter, which is a better delineator of the roadway edge than surmountable curb and gutter. The proposed street width from County Road 101 to Queensland Lane is 28 feet, from back of curb to back of curb. Adjacent to Queensland Park, the width of the street is proposed to be narrowed down to 24 feet and signed with “No Parking” signs. This will serve as traffic calming for the park area. The existing striping on the south side of 8th Avenue from County Road 101 to Queensland Lane will be restriped with this project, with an exception adjacent to the park property where the street is reduced to 24 feet. In this area, an 8 foot wide trail will be installed on the park property to allow for pedestrians to safely enter and exit the park. The street width between Queensland Lane to 100 feet east of Shadyview Lane is proposed to be 21 feet, which will help preserve the natural resources in this particular area. The 21 foot wide street will require “No Parking” signs to be installed on both sides of the street. Attached is a preliminary layout that shows the proposed street widths for 8th Avenue. REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 7.2 To: Laurie Ahrens, City Manager Prepared by: James Renneberg, P.E., Assistant City Engineer Reviewed by: Doran Cote, P.E., Director of Public Works Item: Public Improvement Hearing and Order Plans and Specifications for the 8th Avenue Street Reconstruction Project City Project No. 10004 Page 1 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 72 ENG_PublicImprHrg_10004.docx Water Quality Best Management Practices will be incorporated within the project area by the installation of a rain garden and sump manholes. The recommended roadway widths will also result in a reduction of impervious surface. The sanitary sewer system and watermain improvements would also be included in the reconstruction project. For the sanitary sewer system, inflow and infiltration sealing systems would be installed at all sanitary sewer manholes to reduce the amount of storm water runoff that seeps through the manhole rings. The watermain, including fire hydrants and services, is recommended to be replaced as part of this project. There have been numerous watermain breaks in the system and most of the existing bolts at the fittings have rusted significantly, which will lead to more watermain breaks if not replaced. To the west of the 8th Avenue project limits is a new residential subdivision called Rusten Wood. This subdivision has 4 out of the possible 19 homes built currently, with another three possible in 2010. If the reconstruction project proceeds, coordination during construction would be necessary between the City and the developer of Rusten Wood to ensure the street construction can go smoothly. Once completed, 8th Avenue will be a 7-ton design street; therefore, the construction traffic for the remaining homes in Rusten Wood should not impact the new street. The adjacent properties are proposed to be assessed per the current Street Reconstruction Assessment Policy. This policy recommends assessing 40% of the total street reconstruction cost and any improvements to the storm sewer because the overall system is adequate. In addition, the cost of the concrete curb and gutter will be assessed at 100% of the cost because none currently exists. The proposed assessments for this project are per unit and are $9,752.31 per single family residential lot. The only exception is Queensland Park. It has been determined that this property could be reasonably subdivided into three single family lots, therefore the proposed assessment for this property is three times the single family residential lot, or $29,256.93. 3. BUDGET IMPACT: This project is included in the 2009-2013 Capital Improvement Program (CIP) at an estimated cost of $1,000,000. The total estimated project cost for reconstruction of 8th Avenue from County Road 101 to 100 feet east of Shadyview Lane is approximately $840,000, of which 205,000 would be assessed. The watermain replacement is estimated at $210,000 and will come from the Water Fund. The sanitary sewer improvements are estimated at $5,000 and will be funded from the Sewer Fund. The installation of the rain garden and sump manholes is estimated at $20,000 and will come from the Water Resources Fund 4. ATTACHMENTS: Map Preliminary Layout Resolution Page 2 Page 3 Page 4 P:\Organization\Council\Council Staff Reports\2009 Staff Reports\112409\z 72 ENG_PublicImprHrg_10004.docx CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 8TH AVENUE STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 10004 WHEREAS, the City Council adopted a resolution on the 10th day of November, 2009, which fixed a date for a public hearing on the proposed improvement of 8th Avenue from County Road 101 to 100 feet east of Shadyview Lane; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 24th day of November, 2009, at which time all persons desiring to be heard will be given an opportunity to be heard thereon, and WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes) since the project has not been petitioned for by the benefiting owners. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the City of Plymouth, Minnesota: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted November 24, 2009. 3. The Plymouth Engineering Department is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. APPROVED THIS 24TH DAY OF NOVEMBER, 2009. Page 5 REGULAR COUNCIL MEETING November 24, 2009 Agenda Number: 8.1 To: Laurie Ahrens, City Manager Prepared by: Joshua Doty, Senior Planner Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, Community Development Director Item: Stimulus Recovery Act – Energy Efficiency and Conservation Block Grant (2009020) 1. ACTION REQUESTED: Move to authorize staff to complete specific energy projects to be paid for by the City’s Energy Efficiency and Conservation Block Grant Award. 2. BACKGROUND: In March 2009, the Federal Government announced that 3.2 billion dollars would fund local energy efficiency improvements. The U.S. Department of Energy (funded through the American Recovery and Reinvestment Act of 2009) established the Energy Efficiency and Conservation Block Grant program. Specific allocations were established for larger cities in Minnesota, of which, the City of Plymouth was allocated $707,200. In June, 2009, with assistance from the City’s consultant McKinstry, the City submitted a grant application. On September 21, 2009, the City of Plymouth was awarded a grant in the amount of 707,200. Detailed Engineering Study/Technical Energy Audit The grant required preparation of a more detailed/quantitative engineering study or technical energy audit. This requirement benefits the City in that the City now has an Energy Project Master List that we will be able to use in the future when discussing and determining capital improvements. The Energy Project Master List includes all of the energy projects that were considered and studied. The list is organized into phases. Phase one (shown in yellow) identifies the projects that City staff is recommending for completion now, which would be paid for exclusively with the grant award. The project list also shows potential phase two (shown in blue) and potential phase three (shown in green). The list further identifies projects for long term consideration (shown in white). The City Council can consider any of the projects from the master list to determine what groups of projects are completed to spend the $707,200 grant award. However, based on federal reporting requirements; staff is recommending that the City Council focus on a few larger projects. This will reduce the amount of staff time devoted to grant administration. Page 1 The total cost identified for phase one (yellow) is $879,700, which exceeds the grant award by 172,500.00. Staff notes that the total costs listed on the master list are conservative. Staff proposes to complete as many of the projects identified in phase one as possible. The projects listed for phase one are generally listed in priority order. However, as actual costs are known, staff requests the flexibility to select lower priority projects as needed to maximize the grant funds used. 3. BUDGET IMPACT: All projects completed at this time would be paid for by the stimulus grant award. Three phase one projects on the Energy Project Master List are currently listed in the City’s Capitol Improvements Program (CIP). Specifically, the second and third items on the master list (RTU replacement and Waste Oil Burner) are programmed in the CIP for 2012. The eighth/last item listed in phase one Cooling Unit Replacement) is programmed in the CIP for 2013. 4. RECOMMENDATION: Community Development Department staff recommends that staff be authorized to complete the maximum number of phase one projects possible with the Energy Efficiency and Conservation Block Grant Award of $707,200.00. The City Council could also consider a second option of using the grant funds to pay for the directed engineering study that we could use in the future to determine capital improvements but reject the remainder of the grant award. Reasons for choosing this option could include: 1) complex reporting requirements, 2) uncertainty of changing rules; and 3) risk associated with selecting improvements that could be later rejected. 5. ATTACHMENTS: Energy Project Master List Resolution Authorizing Staff Move forward P:\CommDev\STAFFREP\CC\2009\2009020 Stimulus Recovery Act Block Grant-2 CC.docx Page 2 Gr o s s C o s t Es t im a t e d An n u a l U t ility Sa v in g s Ne t C o s t FI M N a m e De s c r i p t i o n E x is t in g C o n d it io n s D e s c r i p t i o n P r o p o s e d C o n d it io n s Bu i ld in g M a x 2 0 0 9 C o s t s Ma x An n u a l C O 2 Sa v in g s lb s An n u a l Op e r a t io n a l Sa v in g s Ca p i t a l C o s t Av o id a n c e Po te n t i a l Ut ility Re b a te M a x DE S N o n e D ir e c t e d E n g in e e r in g S t u d y A ll 4 6 4 0 0 0 0 0 0 0 4 6 4 0 0 RT U R e p la c e m e n t C a lle d M in n e s o t a A ir fo r P r ic e R e p la c e 2 x 3 5 t o n M c Q u a y R T U s P o lic e S t a tio n 2 5 0 2 0 0 5 5 9 0 7 0 1 5 1 0 0 0 2 5 0 2 0 0 Wa s t e O il B u r n e r Us e d o il is h a u le d a w a y fo r d is p o s a l Of fic e h e a tin g c o o lin g s y s t e m s a r e re s id e n t ia l t y p e In s t a ll w a s t e o il b u r n e r g a s f ir e d b o ile r ne w A H U a n d V A V b o x e s Ma in t e n a n c e Bu ild in g 3 7 8 0 0 6 7 9 0 6 9 5 2 4 0 0 0 3 7 8 0 0 He a t in g S y s t e m s C o n t r o l St a n d a lo n e p r o g r a m m a b le t h e r m o s t a t s op e r a t e in d e p e n d e n t e q u ip m e n t t h a t re q u ir e s r e p la c e m e n t Re p la c e u p g r a d e h e a t in g s y s t e m s f o r un if o r m a p p lic a t io n a n d c o n t r o l Ma in t e n a n c e Bu ild in g 1 3 9 8 0 0 7 3 0 0 7 4 7 7 0 0 0 0 1 3 9 8 0 0 Co o lin g T o w e r U p g r a d e To w e r is o ld d e t e r io r a t e d a n d in n e e d o f up g r a d e o r r e p la c e m e n t Up g r a d e r e f r ig e r a n t c o m p r e s s o r c o o lin g to w e r Ic e A r e n a 9 4 9 0 0 2 2 2 0 3 9 8 0 8 0 0 0 9 4 9 0 0 Bo ile r S y s t e m Re p la c e m e n t Ol d P S S e c t io n s e r v e d b y o ld in e f fic ie n t bo ile r N e w s e c t io n h a s n e w o v e r s iz e d bo ile r s Re m o v e o ld b o ile r a n d c r o s s c o n n e c t he a t in g p la n t s Po lic e S ta t io n 9 4 9 0 0 6 2 8 0 6 3 7 2 6 5 0 0 0 0 9 4 9 0 0 Bo ile r S y s t e m Re p la c e m e n t Ex is t in g b o ile r s a r e b e y o n d u s e f u l lif e a n d ar e in e f fic ie n t Re p la c e a g in g b o ile r s a n d a s s o c ia t e d eq u ip m e n t p u m p s in t h e m a in b o ile r pl a n t Ci t y H a ll 2 1 5 7 0 0 4 1 8 0 4 2 7 6 4 1 0 0 0 0 0 2 1 5 7 0 0 Co o lin g U n it R e p la c e m e n t C a lle d M in n e s o t a A ir fo r P r ic e R e p la c e T r a n e c o o lin g u n it S X H F u n it C it y H a ll 1 5 0 1 0 0 3 1 3 0 3 7 7 9 1 0 0 0 1 5 0 1 0 0 Bu ild in g A u t o m a t io n Co n t r o ls c o n s is t p r im a r ily o f p n e u m a t ic co n t r o ls a n d e q u ip m e n t r u n t im e s a r e ex c e s s iv e Up g r a d e c o n s o lo d a t e b u ild in g au t o m a t io n a n d c o n t r o l s y s t e m s Ci t y H a ll 1 5 3 6 0 0 6 7 7 0 9 9 2 6 7 0 0 0 1 5 3 6 0 0 Do o r I n s t a lla t io n Co ld a ir is a llo w e d t o m ig r a t e t o w a r m ar e a s in t h e lo w e r le v e l o f t h e a r e n a Se gre gat io n o f t h e R in k A e n v ir o n m e n t is de s ir e d Se g r e g a t e t w o c o ld a r e n a a r e a s f r o m wa r m a r e a s w it h n e w w a lls a n d d o o r s Ic e A r e n a 3 6 5 0 0 2 7 2 0 3 0 4 1 8 0 0 0 3 6 5 0 0 Re t r o c o m m is s io n in g Sn o w m e lt s y s t e m r u n n in g w h e n O A T is ab o v e 5 0 d e g r e e s Re t r o c o m m is s io n c o n t r o ls o n s n o w m e lt sy s t e m a n d h e a t in g s y s t e m in g e n e r a l Po lic e S t a t io n 1 7 3 0 0 1 5 7 0 1 5 9 3 2 0 0 0 1 7 3 0 0 Re f le c t iv e C e ilin g s He a t lo s s a b o v e ic e s h e e ts t h r o u g h t h e ce ilin g is s ig n ific a n t Ad d r e f le c t iv e c e ilin g s o v e r a ll ic e s h e e ts I c e A r e n a 1 0 3 5 0 0 7 1 8 0 1 1 0 0 3 3 0 0 0 1 0 3 5 0 0 In te r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Ci t y H a ll 4 7 0 0 0 5 5 9 0 8 7 4 5 1 0 0 7 2 0 0 3 9 8 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o L E D te c h n o lo g y Ma in t e n a n c e Bu ild in g 4 1 9 0 0 1 5 9 0 2 5 0 0 4 0 0 0 4 1 9 0 0 Ve n d in g M is e r Ven d in g m a c h in e s light s a n d c o m p r e s s o r s ru n 2 4 7 r e g a r d le s s o f u s e o r o c c u p a n c y Add V e n d in g M is e r c o n t r o ls t o a ll v e n d in g ma c h in e s Al l 6 3 0 0 9 0 0 1, 4 2 2 0 0 0 6 3 0 0 Ci t y o f P l y m o u t h E n e r g y P r o j e c t M a s t e r L i s t No v e m b e r 1 7 2 0 0 9 Gr o s s C o s t Es t im a t e d An n u a l U t ility Sa v in g s Ne t C o s t FI M N a m e De s c r i p t i o n E x is t in g C o n d it io n s D e s c r i p t i o n P r o p o s e d C o n d it io n s Bu i ld in g M a x 2 0 0 9 C o s t s Ma x An n u a l C O 2 Sa v in g s lb s An n u a l Op e r a t io n a l Sa v in g s Ca p i t a l C o s t Av o id a n c e Po te n t i a l Ut ility Re b a te M a x Ci t y o f P l y m o u t h E n e r g y P r o j e c t M a s t e r L i s t No v e m b e r 1 7 2 0 0 9 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Ci t y H a ll 2 0 2 0 0 2 5 2 0 9 5 9 9 0 0 0 2 0 2 0 0 In te r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Po lic e S ta t io n 3 5 2 0 0 2 7 2 0 4 2 5 2 2 0 0 4 2 0 0 3 1 0 0 0 In t e r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Cr e e k C e n t e r 1 8 5 0 0 5 6 3 0 8 8 1 5 0 0 0 2 9 0 0 1 5 6 0 0 In t e r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Fi r e S t a t io n 1 9 4 0 0 3 7 4 0 4 6 7 7 1 0 0 3 0 0 0 6 4 0 0 In t e r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Fi r e S t a t io n 2 1 0 7 0 0 2 6 9 0 3 3 7 0 0 0 0 2 7 0 0 8 0 0 0 In t e r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Fi r e S t a t io n 3 2 0 1 0 0 5 9 9 0 7 4 9 6 0 0 0 5 7 0 0 1 4 4 0 0 In t e r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Ic e A r e n a 1 9 6 0 0 4 3 7 0 7 8 1 9 0 0 0 2 5 0 0 1 7 1 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Cr e e k C e n t e r 8 7 0 0 8 1 0 9 1 5 7 0 0 0 8 7 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Po lic e S t a t io n 1 8 6 0 0 1 1 5 0 4 8 5 8 0 0 0 1 8 6 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Fi r e S t a tio n 1 3 2 0 0 2 0 0 1 0 4 3 0 0 0 3 2 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Fi r e S t a tio n 2 2 5 0 0 3 7 0 1 9 4 9 0 0 0 2 5 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Fi r e S t a tio n 3 2 9 0 0 4 7 0 2 5 0 8 0 0 0 2 9 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Ma in t e n a n c e Bu ild in g 7 0 0 0 9 3 0 4 1 1 0 0 0 0 7 0 0 0 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Ic e A r e n a 2 6 1 0 0 2 5 7 0 9 2 6 2 0 0 0 2 6 1 0 0 Gr o s s C o s t Es t im a t e d An n u a l U t ility Sa v in g s Ne t C o s t FI M N a m e De s c r i p t i o n E x is t in g C o n d it io n s D e s c r i p t i o n P r o p o s e d C o n d it io n s Bu i ld in g M a x 2 0 0 9 C o s t s Ma x An n u a l C O 2 Sa v in g s lb s An n u a l Op e r a t io n a l Sa v in g s Ca p i t a l C o s t Av o id a n c e Po te n t i a l Ut ility Re b a te M a x Ci t y o f P l y m o u t h E n e r g y P r o j e c t M a s t e r L i s t No v e m b e r 1 7 2 0 0 9 Wa t e r C o n s e r v a t io n Si n k s u r in a ls a n d t o ile t s u s e e x c e s s iv e qu a n t it ie s o f w a t e r w a s t in g w a t e r a n d en e r g y Wa t e r c o n s e r v a t io n m e a s u r e s s in k s ur in a ls t o ile t s Cr e e k C e n t e r 1 6 9 0 0 2 3 3 0 7 3 4 4 0 0 0 1 6 9 0 0 In te r io r L ig h t in g Im p r o v e m e n t s In t e r io r light in g c o n s is t s o f T 1 2 T 8 a n d co m p a c t flo r e s c e n t lig h t in g Up g r a d e in t e r io r lig h tin g t o T 8 a n d C F L st a n d a r d s Ma in t e n a n c e Bu ild in g 1 3 5 0 0 2 9 1 0 4 5 5 0 8 0 0 1 5 0 0 1 2 0 0 0 He a t in g S y s t e m U p g r a d e Th e g a s f ir e d h e a t in g s y s t e m c o n n e c t e d to t h e d o m e in fla t io n s y s t e m is a g e d a n d in e f f ic ie n t Up g r a d e h e a t in g s y s t e m C r e e k D o m e 1 7 2 5 0 0 8 9 0 1 0 0 6 8 0 0 0 1 7 2 5 0 0 Hu m id ific a tio n Re p la c e m e n t Hu m id if ie r s a r e e n e r g y in t e n s iv e a n d n o t co n t r o lle d p r o p e r ly Re p la c e h u m id if ie r s a n d u p g r a d e c o n t r o ls C it y H a ll 3 2 7 0 0 0 0 5 0 0 0 0 3 2 7 0 0 So la r D u c t Hi g h o u t s id e a ir u s e in w in t e r r e q u ir e s si g n if ic a n t e n e r g y in p u t t o m a in t a in co m fo r t Ev a lu a t e s o la r d u c t a ir p r e h e a t p o t e n t ia l C it y H a ll 2 5 9 0 0 8 3 0 8 5 5 3 0 0 0 2 5 9 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o a c h ie v e d a r k sk ie s c o m p lia n c e L E D o r I n d u c t io n te c h n o lo g y Ci t y H a ll 2 7 1 1 0 0 2 8 5 0 4 4 5 6 5 0 0 0 2 7 1 1 0 0 Ge o t h e r m a l Ex is t in g F a c liit y is e q u ip p e d w it h co n v e n t io n a l H V A C e q u ip m e n t Re t r o f it H V A C w it h n e w g e o t h e r m a l sy s t e m Ci t y H a ll 1 2 0 0 0 0 0 2 5 2 0 0 3 9 4 0 5 2 0 0 2 4 0 0 0 1 1 7 6 0 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o L E D o r In d u c t io n t e c h n o lo g y Cr e e k C e n t e r 1 2 9 9 0 0 2 1 6 0 3 3 8 6 0 0 0 0 1 2 9 9 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o a c h ie v e d a r k sk ie s c o m p lia n c e L E D o r I n d u c t io n te c h n o lo g y Ic e A r e n a 4 9 7 0 0 8 5 0 15 2 3 2 0 0 0 4 9 7 0 0 Li g h t in g S y s t e m Do m e u s e s m e t a l h a lid e f ix tu r e s t h a t a r e in e ff ic in e t a n d h a v e a h ig h g la r e fa c t o r Id e n t if y n e w lig h t in g s y s t e m C r e e k D o m e 0 0 0 0 0 0 0 Em e r g e n c y G e n e r a t o r Up g r a d e Em e r gen c y gen e r a t o r is lo c a t e d u n d e r t h e co o lin g t o w e r a n d is b e in g c o r r o d e d b y hi g h m o is t u r e c o n d it io n s Up g r a d e a n d r e lo c a t e e m e r g e n c y ge n e r a to r E v a lu a te lo a d s h e d a p p lic a t io n Ic e A r e n a 8 8 0 0 0 0 5 0 0 0 0 8 8 0 0 Wi n d o w R e p la c e m e n t Wi n d o w s o n C it y C e n t e r A d m in is t r a tio n ar e a a r e o ld le a k a n d a r e in e f fic ie n t Re p la c e 5 2 w in d o w s w it h n e w h i ef f ic ie n c y w in d o w s Ci t y H a ll 1 0 1 8 0 0 1 1 7 0 1 5 8 3 2 0 0 0 1 0 1 8 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s fo r a ir b a r r ie r ef f e c t iv e n e s s Ci t y H a ll 5 3 2 0 0 3 0 9 0 3 1 6 2 1 0 0 0 5 3 2 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Ma in t e n a n c e Bu ild in g 9 8 3 0 0 5 7 1 0 5 8 4 2 8 0 0 0 9 8 3 0 0 Gr o s s C o s t Es t im a t e d An n u a l U t ility Sa v in g s Ne t C o s t FI M N a m e De s c r i p t i o n E x is t in g C o n d it io n s D e s c r i p t i o n P r o p o s e d C o n d it io n s Bu i ld in g M a x 2 0 0 9 C o s t s Ma x An n u a l C O 2 Sa v in g s lb s An n u a l Op e r a t io n a l Sa v in g s Ca p i t a l C o s t Av o id a n c e Po te n t i a l Ut ility Re b a te M a x Ci t y o f P l y m o u t h E n e r g y P r o j e c t M a s t e r L i s t No v e m b e r 1 7 2 0 0 9 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Cr e e k C e n t e r 3 4 7 0 0 2 0 1 0 2 2 7 0 4 0 0 0 3 4 7 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Fi r e S t a tio n 1 9 9 0 0 5 7 0 5 5 3 6 0 0 0 9 9 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Fi r e S t a tio n 2 9 2 0 0 5 3 0 5 1 8 9 0 0 0 9 2 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Fi r e S t a tio n 3 1 6 6 0 0 9 6 0 9 8 3 5 0 0 0 1 6 6 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Po lic e S t a t io n 5 7 9 0 0 3 3 6 0 3 4 0 7 5 0 0 0 5 7 9 0 0 Bu ild in g E n v e lo p e Im p r o v e m e n t s Bu ild in g e n v e lo p e le a k s c a u s in g w a r m a ir to e s c a p e in t h e w in t e r a n d c o o l a ir t o es c a p e in t h e s u m m e r w a s t in g e n e r g y Ev a lu a t e b u ild in g e n v e lo p e s f o r a ir ba r r ie r s p r o p e r in s u la t io n a p p lic a t io n Ic e A r e n a 1 4 4 5 0 0 8 4 0 0 9 3 6 6 4 0 0 0 1 4 4 5 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li ght in g c o n s is t s o f M e t a l H a lid e p o le a n d fl o o d lig h t s fo r p e r fo r m a c e lig h t in g t h a t ar e h ig h o n e n e r g y u s e lo w o n lig h t ou t p u t a n d c o lo r r e n d e r in g Up g r a d e e x t e r io r lig h t in g t o a c h ie v e d a r k sk ie s c o m p lia n c e a n d im p r o v e lig h t le v e l co lo r r e d e r in g a n d c o n t r o l w ith L E D te c h n o lo g y Hi ld e Pe r f o r m a n c e Ce n t e r 1 7 1 5 0 0 6 3 1 0 4 3 8 8 1 2 5 0 0 0 0 1 7 1 5 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o L E D o r In d u c t io n t e c h n o lo g y Fi r e S t a t io n 1 2 1 1 0 0 5 0 0 6 3 6 3 4 5 0 0 0 2 1 1 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o L E D o r In d u c t io n t e c h n o lo g y Fi r e S t a t io n 2 2 6 0 0 0 7 9 0 9 8 9 0 5 0 0 0 0 2 6 0 0 0 Ex t e r io r L ig h t in g Im p r o v e m e n t s Li g h t in g c o n s is t s o f M e t a l H a lid e o r H ig h Pr e s s u r e S o d iu m fix t u r e s t h a t a r e in e ff ic in e t a n d p r o v id e p o o r c o lo r re n d e r in g Up g r a d e e x t e r io r lig h t in g t o L E D o r In d u c t io n t e c h n o lo g y Fi r e S t a t io n 3 3 0 7 0 0 9 9 0 1 2 4 1 4 7 0 0 0 0 3 0 7 0 0 RM C N o n e Pr o g r a m t o c r e a te e n e r g y m g m t t e a m cr e a t e e n e r g y c o n s e r v a t io n b e s t pr a c t ic e s B e n c h m a r k in g m o n it o r in g a la r m s t r a in in g in t e r n a l e x t e r n a l an d d a s h b o a r d in g Al l 3 1 6 0 0 0 0 0 0 0 3 1 6 0 0 To t a l A ll F I M S 4 2 1 6 5 0 0 1 6 5 2 5 0 2 0 4 5 6 6 3 6 6 5 0 0 5 3 7 0 0 4 1 6 2 8 0 0 Lo n g R a n g e C o n s id e r a t i o n 2 6 9 7 6 0 0 6 7 1 7 0 8 5 5 7 6 3 5 1 5 0 0 2 4 0 0 0 2 6 7 3 6 0 0 To t a l P h a s e 1 8 7 9 7 0 0 3 2 3 6 0 3 6 0 7 4 3 1 5 0 0 0 0 8 7 9 7 0 0 Po t e n t ia l P h a s e 2 3 1 0 9 0 0 1 8 2 4 0 2 5 5 6 5 0 0 0 0 3 1 0 9 0 0 Po t e n t ia l P h a s e 3 3 2 8 3 0 0 4 7 4 8 0 5 7 3 5 0 7 0 0 2 9 7 0 0 2 9 8 6 0 0 CITY OF PLYMOUTH RESOLUTION NO. 2009 - ___ A RESOLUTION AUTHORIZING STAFF TO COMPLETE SPECIFIC ENERGY PROJECTS TO BE PAID FOR BY THE CITY’S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AWARD 2009020) WHEREAS, on June 25, 2009, the City of Plymouth submitted a grant application for the Energy Efficiency and Conservation Block Grant program; WHEREAS, on September 21, 2009, the City of Plymouth was awarded an Energy Efficiency and Conservation Block Grant in the amount of $707,200; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that staff is authorized to spend the stimulus grant award to complete the maximum number of projects possible in phase one, as listed on the November 17, 2009 City of Plymouth Energy Project Master List. Adopted this 24th day of November, 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 November 24, 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 7 CITY OF PLYMOUTH Resolution No. 2009 - Authorizing Negotiations For Cost Sharing Agreement With Metropolitan Council Environmental Services (MCES) For The Elm Creek Interceptor - Medina Leg WHEREAS, the City of Plymouth has an approved Comprehensive Plan which indicates trunk sewer service for Northwest Plymouth will be provided by the MCES Elm Creek Interceptor — Medina Leg; and WHEREAS, the MCES Elm Creek Interceptor — Medina Leg was designed, constructed and funded by the MCES in 2003; and WHEREAS, the MCES Elm Creek Interceptor — Medina Leg was designed, constructed and funded in such a manner to provide lateral service to the area south of TH 55 and west of Troy Lane; and WHEREAS, the MCES is seeking reimbursement for those costs of constructing the Elm Creek Interceptor — Medina Leg attributable to and benefitting only Plymouth; and WHEREAS, the City's Comprehensive Plan indicates trunk sewer availability to accommodate development within the Metropolitan Urban Service Area (MUSA) in Plymouth; and WHEREAS, the City of Plymouth has approved a development that will require trunk sewer service from the Elm Creek Interceptor — Medina Leg; and WHEREAS, the VICES will allow the approved development to proceed and issue a permit to connect to the Elm Creek Interceptor — Medina Leg provided a Cost Sharing Agreement is executed; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That negotiations for a Cost Sharing Agreement with the Metropolitan Council Environmental Services (MCES) are authorized. Adopted by the City Council on November 24, 2009. C:' Doannents and Settinpsdcote Desktop- ftcdat6aaSwrAgnd resdoe Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , 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 C Doaiments mid San., dcmr Desktop NegotinteSnnSnrAcmt_res.doc