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HomeMy WebLinkAboutCity Council Packet 09-28-2010.pdfRECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING SEPTEMBER 28, 2010, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Plymouth/New Hope Little League (Eric Blank, Park & Recreation Director) 4.02 Recognize Councilmember Murdock for Award (Mayor SIavik) 4.03 Announce Fire Department Open House on October 9 (Rick Kline, Fire Chief) 4.04 Present Picture Plymouth Photo Contest Winners (Helen LaFave, Communications Manager) 4.05 Recognize years of service of Judy McMillin, Human Resources Technician 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes Regular Council Meeting 1 of 3 September 28, 2010 7. 6.02 Approve disbursements (Res2010-257) 6.03 Set Assessment Hearing for Delinquent Utilities and Other Charges (Res2010- 258) 6.04 Approve appointment of election judges for the General Election (Res2010-259) 6.05 Approve Temporary Liquor License for West Lutheran High School an event on October 16 (Res 2010-260) 6.06 Declare costs and set assessment hearing for 2010 Mill and Overlay Project 10005 - Res 2010-261, Res 2010-262) 6.07 Accept streets for Continual Maintenance, Wood Crest of Plymouth (2008042 - Res 2010-263) 6.08 Authorize Chambers Renovation Design/Specification Services (Res2010-264) 6.09 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3) 6.10 Approve the final plat and development contract for "Elm Creek Highlands Third Addition" for property located near the intersection of Merrimac Lane and Schmidt Lake Road (2010047F - Res 2010-265, Res2010-266) 6.11 Approve final plat and development contract for "Taryn Hills loth Addition" for 13 single-family lots north of 61St Avenue between Niagara and Lanewood Lanes (2010072-F - Res 2010-267, Res 2010-268) PUBLIC HEARINGS 7.1 Assessment costs for abatement of hazardous building located at 1655 Evergreen Lane North (Res2010-269) (Approved) Regular Council Meeting 2 of 3 September 28, 2010 7.2 On -Sale Liquor and Sunday Liquor License applications from Apple Minnesota LLC for Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100 Res2010-270) (Approved) 7.3 Issuance of City Revenue Bonds on behalf of Interfaith Outreach and Community Partners for proposed project located at 1605 County Road 101 North (Res2010-271) (Approved) 8. GENERAL BUSINESS 8.1 Initiate process and consider Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth - Cimarron Ponds Homeowner's Association (9113 - Res 2010-272) (Approved) 8.2 Ordinance amending Section 205.01 of the City Code to eliminate the scheduled adjustment in mayor and council salaries for this election cycle (Ord2010-020) Approved) 8.3 Approve a Preliminary and Final Plat to consolidate a city -owned parcel into two residential parcels located at the northwest corner of Xenium Lane and Sunset Trail (2010071 - Res 2010-273) (Approved) (Item was previously item No. 6.09) 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Update on Excel Energy Project for Hollydale Golf Course property 9.2 Discuss proposed Mn/Pass project for I-494 9.3 Set Future Study Sessions (Scheduled Study Sessions on October 12 at 5:30 p.m. to discuss the Plymouth Shopping Center site, October 26 at 5:30 p.m. to discuss excess property, and November 9 immediately following the regular meeting to conduct quarterly update with the City Manager) 10. ADJOURNMENT (8:45 p.m.) Regular Council Meeting 3 of 3 September 28, 2010 6.01 Proposed Minutes Special Council Meeting September 7, 2010 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Conference Room, 3400 Plymouth Boulevard, on September 7, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Murdock, Stein, Bildsoe, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Public Works Director Cote, Park Director Blank, Recreation Superintendent Evans, Fire Chief Kline, Deputy Fire Chief Springer, Police Chief Goldstein, Administrative Services Manager Cox, Administrative Services Director Portner, Finance Manager Bursheim, Accounting Supervisor Mastey, and City Clerk Engdahl. Discussion on 2011 Budget City Manager Ahrens stated this is the first of two budget study sessions scheduled with the second session on September 14. She stated that staff has provided five tax levy options as well as amendments to the proposed 2011 budget. She explained that the City is in year two of the biennial budget. She noted the 2011 budget doesn't include general salary increases for police patrol and police sergeants or non-represented/nonunion employees. The remaining four unions each negotiated for 2% increases as part of a settlement approved in 2009. The police unions are both eligible for binding arbitration. The City and the patrol went to arbitration on August 17, and a decision is expected in October. The police sergeant's settlement will likely follow the patrol award. The final 2010 police settlements will impact the 2011 base salary, and all four union contracts are open for negotiation effective January 1, 2011. She stated the Council must adopt the maximum tax levy on September 14. The rate may not be increased, but only decreased for the final levy that will be approved in December. Administrative Services Director Portner discussed in detail the five tax levy options that staff prepared. Following that discussion, the Council went through the proposed budget line item by line item. Administrative Services Director Portner stated staff would be able to provide a mid- year update in approximately two weeks. Councilmember Willis stated he would support not changing the compensation for the Council for the next two years. Proposed Minutes 1 of 2 Special Meeting of September 7, 2010 Page 1 The Council discussed each of the tax levy options and the majority favored a levy somewhere between options 2C and 2D. For the next budget study session, the Council directed staff to provide the following items: 1. Percentage of homes in the lower, median, and higher valued classifications. 2. Information on the grants for the Police Department that cover overtime expenditures (if grants are funding that and showing up as a revenue if should show up as an expenditure). 3. Proposed tax levy somewhere between options 2C and 2D, refine the numbers, run some what if' numbers. Public Works Director Cote discussed the draft 2011-2015 Capital Improvement Program summary and associated cash flows. Future Study Sessions The Council cancelled the meeting with Hennepin County Sheriff Stanek on September 28 at 5:30 p.m. With that cancellation, the Council moved the discussion of the Northwest Greenway and the Plymouth Shopping Center site on Highway 55 that was scheduled for a study session on October 12 to September 28 at 5:30 p.m. and cancelled the October 12 study session. They also scheduled the following study sessions: 1. October 26 at 5:30 p.m. to discuss boards and commissions. 2. November 9 at 6:00 p.m. to discuss Vicksburg Lane from Highway 55 to County Road 6. Adjournment Mayor Slavik adjourned the meeting at 9:02 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of September 7, 2010 Page 2 Proposed Minutes Special Council Meeting September 14, 2010 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Conference Room, 3400 Plymouth Boulevard, on September 14, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Murdock, Stein, Bildsoe, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Public Works Director Cote, Park Director Blank, Recreation Superintendent Evans, Fire Chief Kline, Deputy Fire Chief Springer, Police Chief Goldstein, Administrative Services Director Portner, Finance Manager Bursheim, Accounting Supervisor Mastey, and City Clerk Engdahl. Discussion on 2011 Budget Administrative Services Director Cote provided a proposed tax levy (option 2F) as the Council directed at their budget study session on September 7. He explained this proposal updates all PERA and Public Safety salary special levy amounts and accounts for a levy increase of 0.0%. There was a consensus amongst the Council to keep the levy for the street reconstruction budget. City Manager Ahrens handed out a survey of other metropolitan cities and their preliminary 2011 levies. City Manager Johnson cautioned the Council if they support option 2F, which is a zero percent levy increase, the Council will have to "play catch up" in the future. Councilmember Murdock stated she's somewhat concerned with option 2F due to the unknown financial impact with the police arbitration and contracts with the other unions as well as non - represented employees. Councilmember Johnson stated if necessary, the Council could move the street reconstruction funds to another area. Councilmember Black stated she's comfortable with option 2F, and she stated the Council is fortunate at this time to not have to lay any employees off. She noted there are risks with union negotiations and arbitrations. Proposed Minutes 1 of 2 Special Meeting of September 14, 2010 Page 3 Councilmember Willis requested that staff provide the best estimate of year end 2010 excess before December 14 when the Council adopts the final tax levy and budgets. Councilmembers Bildsoe and Stein stated they are comfortable with option 2F. Adjournment Mayor Slavik adjourned the meeting at 6:23 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of September 14, 2010 Page 4 Proposed Minutes Regular Council Meeting September 14, 2010 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 14, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Bildsoe, Willis, Johnson, Black, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Administrative Services Director Portner, City Attorney Knutson, Park Director Blank, Deputy Chief Springer, Police Chief Goldstein, Public Works Director Cote, Community Development Director Juetten, Housing Manager Barnes, Park Recreation Supervisor Chua and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Plymouth on Parade on September 25 Park Recreation Supervisor Chua reported on the Plymouth on Parade and other activities which will occur on September 25. 4.02) Plymouth Caregiver Website Ben Withhart, from Senior Community Services, reported on the Plymouth Caregiver Website. A brief presentation was held regarding the donation of the speed detection device (item No. 6.04). Approval of Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to approve thea egnda. With all members voting in favor motion carried. Proposed Minutes 1 of 7 Regular Meeting of September 14, 2010 Page 5 Consent Agenda Item No's. 6.08, 6. 11, and 6.12 were removed from the Consent Agenda and placed under General Business as item No's. 8.3-8.5 respectively. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt the amended Consent Agenda that included the followingi: 6.01) Approval of Regular Meeting minutes of August 24. 6.02) Resolution Approving Disbursements ending September 4 (Res2010-237). 6.03) Resolution Approving a Final Plat and Development Contract for Pulte Homes for "The Willows" for Property located at the Southwest Corner of Juneau Lane and County Road 47 2010041-F — Res2010-238) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Watermain for the Willows (2010041-F — Res2010-239). 6.04) Resolution Accepting a Donation of Laser Speed Detection Device from the Minnesota Department of Public Safety (Res2010-240). 6.05) Resolution Approving an Amended Development Contract for Taylor Creek LLC, for Taylor Creek" for Property located at 5550 Vicksburg Lane (2010035-F — Res2010-241). 6.06) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment Roll for Campus Drive/26th Avenue Mill and Overlay Project (8107 — Res2010-242) and a Resolution Setting Date of Hearing on Proposed Assessment for Campus Drive/ 26th Avenue Mill and Overlay Project (8107 — Res2010-243). 6.07) Resolution Approving the City of Prior Lake as a Member of the Suburban Transit Association (Res2010-244). 6.08) (This item was removed and placed under General Business as item No. 8.3). 6.09) Resolution Approving a Lease Agreement Extension with the Plymouth Soccer Association for Plymouth Creek Center (Res2010-245). 6.10) Resolution Approving Replacement of Hockey Rink at Plymouth Creek Park (Res2010- 246). 6.11) (This item was removed and placed under General Business as item No. 8.4). 6.12) (This item was removed and placed under General Business as item No. 8.5). With all members voting in favor, the motion carried. Proposed Minutes 2 of 7 Regular Meeting of September 14, 2010 Page 6 Public Hearings 7.1) Vacation for a Portion of Platted Drainage and Utility Easement within Lot 3, Block 1, Forester Preserve Plat 4 — 4283 Evergreen Lane Public Works Director Cote reported on the vacation request. Mayor Slavik opened the public hearing for testimony. Mayor Slavik closed the public hearing. Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation for Part of a Platted Drainage and Utility Easement located at 4283 Evergreen Lane (Res2010-247). With all members voting in favor, the motion carried. 7.2) Vacation for a Easements within the Southwest Quarter of the Southwest Quarter of Section 4-118-22, Taylor Creek Plat (2010035) Public Works Director Cote reported on the vacation request. Councilmember Willis suggested that a condition be added to the resolution that the recording of the vacation resolution would occur simultaneously with the recording of the Final Plat. Mayor Slavik opened the public hearing for testimony. David Hinners, representing the applicant, stated they would file the plat concurrently with the vacation. Mayor Slavik closed the public hearing. Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to adopt a Resolution Authorizing the Vacation for Easements within the Southwest Quarter of the Southwest Quarter Section 04-118-22 for the Benefit of Taylor Creek Development with the addition of language stating, tating, "recording of this resolution will occur simultaneously with the recording of the Final Plat" (Res2010-248). With all members voting in favor, the motion carried. General Business 8.1 and 8.1A) Rezoning to RSF-3, and Preliminary and Final Plat for "Arbor Grove" 18855 Highway 55 — Ryland Homes — 2010059) and Wetland Replacement Plan Application Proposed Minutes 3 of 7 Regular Meeting of September 14, 2010 Page 7 Community Development Director Juetten reported on the proposed requests that were recommended by the Planning Commission for approval. Mayor Slavik expressed her concern that there isn't proper transition from the LA -4 use to the single family homes. Councilmember Johnson stated those discussions were held when the guiding was approved. The burden should fall on the LA -4 if that portion does proceed. She's unsure if there is anything proposed for screening between these two uses. She agreed that it could be difficult if everything is developed with the current guiding. Mayor Slavik stated the biggest piece is providing notification to the single family home buyers on the LA -4 use. Community Development Director Juetten stated there is language in the proposed development contract that would require notification to purchasers of the single family homes. Councilmember Willis asked what the typical width of the driveways are at the street. Mike DeVoe, representing the developer, replied 16 feet. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt an Ordinance Approving the Rezoning of the Site (Ord2010-19), Resolution ApprovingFindingsindings of Fact Supporting the Rezoning (Res2010-249), Resolution Approving the Preliminary Plat Res2010-250), Resolution Approving the Final Plat and Development Contract for the First Addition (Res2010-251), and a Resolution Adopting the Assessments (Res2010-252). Mayor Slavik stated she would be supporting the motion even though she is concerned about the transition between the two uses. Councilmembers Bildsoe and Johnson stated perhaps the guiding for the property to the west of this property should be reviewed. With all members voting in favor, the motion carried. Motion was made by Councilmember Willis, and seconded by Councilmember Johnson, to adopt a Resolution Approving the Filling of Wetlands and the Wetland Replacement Plan Application Res2010-253). With all members voting in favor, the motion carried. 8.2) 2011 Budgets, Preliminary Tax Levies and Budget Hearing Date Motion was made by Councilmember Johnson, and seconded by Councilmember Willis, to adopt a Resolution Authorizing the 20100 HRA Lew (Res2010-234), Resolution Adopting the 2011 Budgets (Res2010-235), Resolution Approving Proposed Property Tax Levies for Taxes Pqyable Proposed Minutes 4 of 7 Regular Meeting of September 14, 2010 Page 8 2011 (Res2011-236), and set December 14 as the date of hearing on the budget. With all members voting in favor, the motion carried. 8.3) Best Management Practices Bio -Retention Cell Maintenance Agreement for Speak the Word Church International Councilmember Willis asked if staff would be monitoring the maintenance items in the agreement. Public Works Director Cote replied yes. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving BMP Bio -Retention Cell Maintenance Agreement for Speak the Word Church International located Half Mile North of Highway 55 and East of County Road 101 Res2010-254). With all members voting in favor, the motion carried. 8.4) Maple Creek Trail Project Park Director Blank reported on the request to not proceed with the Maple Creek trail project. He stated a feasibility study was completed to determine the cost of the project which would exceed $1 million to complete the trail. In addition, the City conducted an open house with the area residents on July 26 to receive their feedback on the project. The City would typically allocate $100,000-$130,000 in the CIP for trail extensions; however, based on very preliminary estimates, that line item amount was increased to $375,000 to accommodate the Maple Creek trail extension. Based on the feasibility study and estimated cost, staff's recommendation, and community feedback, the Parks and Recreation Advisory Commission voted unanimously to recommend to not proceed with the project at this time. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Approving a Request to not construct the Maple Creek Trail from Dunkirk to VicksburgLaneane (Res2010-255). With all members voting in favor, the motion carried. 8.5) Set Date of Hearing on the Issuance of Bonds on behalf of Interfaith Outreach and Community Partners (IOCP) Mayor Slavik asked if IOCP inquired with other communities with this request. Housing Manager Barnes replied yes. Terry Schneider, representing IOCP, stated that they did contact other communities, but not all of the communities, as they vary in size. The majority of people stated that requesting assistance from the City of Plymouth for this bond issue seems to be the most logical as they provide most of the services. In addition, some communities wouldn't qualify, but he could continue asking. Mayor Slavik stated she is concerned that the City could have regulatory authority over their property. Proposed Minutes 5 of 7 Regular Meeting of September 14, 2010 Page 9 Mr. Schneider stated the construction costs will be $5 million. Currently, IOCP has raised $5.2 million, but most of the pledges are over three to five years so this bond issue bridges the gap until those pledges are met. Their intention is to pay down those bonds when the donations are received and have it paid off in four years. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Relating to a Project on behalf of Interfaith Outreach and Community Partners and its Financing under Minnesota Statutes, Sections 469.152 to 469.165, Calling for Public Hearing Thereon (Res2010-256). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Update on I-494 Third Lane Expansion Public Works Director Cote provide an update on I-494 third lane expansion from Highway 55 to I-94. Minnesota Department of Transportation (MN/DOT) originally estimated the cost of this project to be $245 million, but recently they developed a high impact/low cost alternative that could quickly be implemented at an approximate cost of $50,000. Early in 2009, staff was advised by MN/DOT and the Metropolitan Council that they were considering a managed lane for this project. The City has recently received the Metropolitan Council's draft of their Regional 2030 Transportation Policy Plan which includes this section of roadway as a Minnesota Pass lane at a cost of $61 million. The plan also projects that they want to reassess a third lane. Therefore, there has been a shift with the scope of this project. The Metropolitan Council is seeking comments on their draft plan and have scheduled four open houses to seek input. In addition, a public hearing has been scheduled for September 27 at 5:00 p.m. Details of the open houses and public hearing are included in the Council's packet materials. Mayor Slavik voiced her disappointment with the project always being delayed. She indicated she would try to attend one of the open houses, and she requested that the Public Works Director put together comments on why a managed lane wouldn't be appropriate. Some of the councilmembers indicated that they might attend the public hearing on September 27. Therefore, staff was directed to provide notice that there might be a quorum of the Council present at that hearing. Councilmember Johnson suggested that if the City policy allows, staff provides a link on the City's website to the Metropolitan Council's website so residents can provide comments on their draft plan. Proposed Minutes 6 of 7 Regular Meeting of September 14, 2010 Page 10 Adjournment Mayor Slavik adjourned the meeting at 8:35 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 7 of 7 Regular Meeting of September 14, 2010 Page 11 rp)City of Plymouth Adding Quality to life REGULAR COUNCIL MEETING September 28, 2010 Agenda 6.02Number: To: Laurie Ahrens, City Manager Prepared by: Deb Luesse thru Jodi Bursheim, Finance Manager Reviewed by: Calvin Portner, Director of Administrative Services Item: Disbursements Ending September 18, 2010 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending September 18, 2010. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending September 18, 2010. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 9.18.10/Council meeting 9.28.10 FUND 100 General Fund 262,527.95 200 Recreation Fund 20,748.24 210 Parker's Lake Cemetery Maint 220 Transit System Fund 261,600.63 204 Community Development Fund 205 Public Safety Grants 207 Economic Development Fund 208 Lawful Gambling 234 Economic Development Fund 250 Comm Dev Block Grant Fund 254 HRA Section 8 Fund 254 HAP Check Summary 4,959.68 258 HRA General Fund 300 1998C GO Activity Center 302 2003B GO Street Reconstruction 305 2004A GO Public Safety 307 1998A -TIF #7-5A Rottland 308 2005A TIF #1-1 400 General Capital Projects Fund 401 Minnesota State Aid Fund 404 Community Improvement 405 Park Replacement Fund 406 Infrasturcture Replacement Fund 407 Project Administration Fund 408 Park Construction 409 Capital Improvement Fund 412 Utility Trunk Fund 100,655.00 413 Improvement Project Construction 20,631.31 414 Shenandoah Administration 416 Public Safety Expansion 851 HRA Senior Apt. Constr Fund 418 Utility Trunk System Expansion 420 Water Sewer Construction 421 Enterprise -Other Construction 998 TIF # 7-2 O.S. (Const) 998 TIF # 7-3 P.O.S. (Const) 422 TIF #74 P.T.P (Const) 423 TIF # 7-5 Rottlund (Const) 424 TIF #7-6 Continental (Const) 425 TIF Housing Assistance Program 426 TIF #7-7 Stonecreek ('Const) 427 TIF #7-8 Shops @ Plymouth Creek 428 TIF HRA Senior Apt. Constr. Fund 429 TIF HRA 1-3 Crossroads Station 430 CON -Open Spaces Series 500 Water Fund 43,750.41 510 Water Resources Fund 8,285.75 520 Sewer Fund 3,330.24 530 Solid Waste Management Fund 352.83 540 Ice Center Fund 3,811.52 550 Field House Fund 66.80 600 Central Equipment Fund 35,500.85 610 Public Facilities Fund 29,846.30 620 Information Technology Fund 31,669.14 630 Risk Management Fund 2,816.24 640 Employee Benefits Fund 200,098.86 650 Design Engineering 660 Resource Planning 2,474.16 851 Vicksburg Crossing Total Invoice Expense Distribution: 1,033,125.91 Page 2 ma! City of Plymouth Check Payment Register 09/05/2010 to 09/18/2010 Check 113351 Date Paid: 09/10/2010 A-1 Outdoor Power Inc Inv. 254323 08/13/2010 Cable clutch blade,hi lift notched blade Inv. 255539 08/26/2010 Deck drive belt Check 113352 Date Paid:09/10/2010 Acme Tools Inv. 381957 08/18/2010 Carabiner w/1-3/16" opening Inv. 392047 08/25/2010 18V Hammerdrill recip kit Check 113353 Date Paid:09/10/2010 Action Fleet Inc Inv. 7615 08/31/2010 Siren park deactivat Check 113354 Date Paid:09/10/2010 Inv.589564 08/25/2010 Inv.589566 08/31/2010 Inv.591614 08/14/2010 Inv. 591615 08/25/2010 Inv.591616 08/25/2010 Check 113355 Date Paid:09/10/2010 Inv. 18492 08/19/2010 Check 113356 Date Paid:09/1012010 Inv. 241480 08/16/2010 Check 113357 Date Paid:09/10/2010 Inv. D2081166KI 09/01/2010 Adam's Pest Control, Inc. Aug'10 PCC Pest Control Jul-Sep'10 CC Pest Control Jul-Sep'10 FS1 Pest Control Jul-Sep'10 FS2 Pest Control Jul-Sep'10 FS3 Pest Control Alex Air Apparatus Inc 15ft Low pressure hose American Industrial Refrigeration Inc IC 5gl pail C type oil American Messaging Services LLC Sep'09 PD pager rentals Check 113358 Date Paid:09/10/2010 Anchor Paper Company Inv.1025405100 08/20/2010 Blue,Yellow, lemon, Ivory,Aspenwhite Inv. 3016944400 08/18/2010 250-4bar 28# envelopes Check 113359 Date Paid:09/10/2010 Astleford International Trucks Inv. T205475 08/18/2010 Caliper,core,brake pad Inv. T205661 08/20/2010 Core credit T205475 Check 113360 Date Paid:09/10/2010 ATOM Inv. 27030401 09/03/2010 Alan Shrode "Surviving the Attack" Amount: $124.66 71.23 53.43 Amount: $390.60 69.99 320.61 Amount: $38.23 38.23 Amount: $587.24 74.81 242.03 80.16 95.12 95.12 Amount: 347.26 347.26 Amount: 209.48 209.48 Amount: 122.24 122.24 Amount: 391.71 381.27 10.44 Amount: $239.33 383.61 144.28) Amount: $75.00 75.00 Check 113361 Date Paid: 09/10/2010 Barton Sand & Gravel Co Amount: $1,135.44 Inv. 100831 08/31/2010 8.16/8.30.10 64.96ton W3/4 ASTM 67,Class 5 $1,135.44 recycle Check 113362 Date Paid:09/10/2010 Batteries Plus Amount: $329.86 Inv. 021206834 08/17/2010 12V agm $149.61 Inv. 021207088 08/21/2010 12v agm/install battery $180.25 Check 113363 Date Paid:09/10/2010 Bearant Electric Inc Amount: $65.00 Inv. 201004764 09/08/2010 17245 9th Ave P201004764 Elec permit refund $65.00 Check 113364 Date Paid:0911012010 Bertelson Total Office Solutions Amount: $23.67 Inv. WO6392711 08/18/2010 6 -Name badges $23.67 Check 113365 Date Paid:09/10/2010 Brauer & Assoc Ltd Inc Amount: $2,488.65 Inv. 1202830 08/31/2010 Aug'10 36th Ave landscape improvements $2,488.65 Page 3 Page 1 of 16 9/20/2010 Check 113366 Date Paid:09/10/2010 Braun Intertec Corporation Inv. 323798 08/18/2010 Proj10001 & 10004 thru 8.6.10 Check 113367 Date Paid:09/10/2010 Inv.8329MB 08/17/2010 Inv.8330MB 08/17/2010 Inv.8338MB 08/18/2010 Inv.8346MB 08/19/2010 C S McCrossan Construction Inc 8.17.10 415.84ton LVWE45030B Rap 8.17.10 1.10ton LVWE45030B Rap 8.18.10 507.64ton LVWE45030B Rap 8.19.10 532.52ton LVWE45030B Rap Amount: $1,065.00 1,065.00 Amount: $64,627.02 18,443.85 48.79 22,515.34 23,619.04 Check 113368 Date Paid: 09110/2010 Camp Ripley Mess Fund Amount: $350.00 Inv. 100922 09/03/2010 9.22/9.24.10 Training facility lease $350.00 Check 113369 Date Paid: 09/10/2010 Inv. 12350 08/17/2010 Check 113370 Date Paid:09/10/2010 Inv. 23764900082510 08/25/2010 Inv. 24202295082510 08/25/2010 Check 113371 Date Paid:09/10/2010 Inv. 100831 08/31/2010 Check 113372 Date Paid:09/10/2010 Inv. 11453 08/12/2010 Check 113373 Date Paid:09/10/2010 Inv. 456291 08/20/2010 Check 113374 Date Paid:09/10/2010 Inv.142846 08/19/2010 Check 113375 Date Paid:09/10/2010 Inv. 101026 09/03/2010 Check 113376 Date Paid:09/10/2010 Inv.6569733 08/16/2010 Check 113377 Date Paid:09/10/2010 Inv.206AUG10 08/31/2010 Check 113378 Date Paid:09/10/2010 Inv.1105508 08/25/2010 Check 113379 Date Paid: 09/10/2010 Inv. 0011331 IN 08/17/2010 Inv. 001 13331N 08/17/2010 Inv. 001 13361N 08/18/2010 Inv. 001 13371N 08/18/2010 Inv. 001 13381N 08/18/2010 Check 113380 Date Paid: 09/10/2010 Inv.03736449 08/18/2010 City of Maple Grove Jul'10 Dog Impounds Amount: $1,140.41 1,140.41 City of Plymouth/Sewer & Water Amount: $1,386.45 Greenwood Park $1,373.45 5605 Lawndale Lane $13.00 Commercial Asphalt Co. Amount: $4,380.02 8.16/8.31.10 81.27tn 42A Wear,1 tack oil $4,380.02 Commercial Electric Company Amount: $1,108.52 Claim 2010.22 Zach warming house vandalism $1,108.52 Construction Midwest Inc 4rl 24"x143.3' felt Corporate Mechanical Repipe Lancaster LS generator fuel lines Ms Deloris Covel Reimb airfare to MSP 10.26.10 NRPA Accreditation Dakota Supply Group Inc 1 27-200 Turbo gal meter,flange set Data Recognition Corporation Aug'10 UB Postage Dynamic Communications Inc 8.24. 10 Deaf interpretur for city council candidate Electrical Installation & Mnt Gopher state locate 2 -signal repair 27th @ fernbrook Ridgemount Hockey lights Signal relamp 55 @ Revere Signal relamp Harbor Ln @ Fernbrook Elvin Safety 20 Ranger safety hats Check 113381 Date Paid:09/10/2010 Embedded Systems Inc. Inv. 32530 08/19/2010 Siren#4 repairs Check 113382 Date Paid:09/10/2010 Inv.50772 08/17/2010 Check 113383 Date Paid:09/10/2010 Inv. NN3230 08/16/2010 Emergency Apparatus Maintentance Inc E21 Foam level probe ESS Brothers & Sons Inc I adj ring Amount: $122.27 122.27 Amount: $383.35 383.35 Amount: $533.05 533.05 Amount: $975.77 975.77 Amount: $3,885.59 3,885.59 Amount: $135.00 135.00 Amount: $3,100.70 210.00 200.00 2,380.00 146.35 164.35 Amount: $196.50 196.50 Amount: $966.72 966.72 Amount: $296.88 296.88 Amount: $5,372.61 137.87 Page 4 Page 1 of 16 9/20/2010 Inv. NN3288 08/17/2010 12 R3067 V CCB Castings Inv. NN3351 08/19/2010 301 x 1 1/2" adj ring Inv. NN3392 08/20/2010 2-stoll grate Check 113384 Date Paid:09/10/2010 Factory Motor Parts Co Inv. 13430697 08/16/2010 Air prmy Inv. 70022450 08/16/2010 Super duty pads/transmission filter Check 113385 Date Paid:09/10/2010 Ferguson Enterprises Inc Inv. S01267184001 08/17/2010 Vernon automatic water salesman Check 113386 Date Paid:09/10/2010 Inv.527676 08/15/2010 Check 113387 Date Paid:09/10/2010 Inv.1006546609 08/20/2010 Check 113388 Date Paid:09/10/2010 Inv.9320635494 08/11/2010 Inv.9323997727 08/16/2010 Inv.9324797803 08/16/2010 Inv.93251102360 08/16/2010 Inv. 9326070241 08/17/2010 Inv.9327080330 08/18/2010 Inv.9327215894 08/18/2010 Inv. 9327620341 08/19/2010 Inv.9327620358 08/19/2010 Fra -Dor Inc 8.9/8.12.10 90yds special blend soil G&K Services Inc Public Works Uniform Rental Grainger 1 2x18 threaded black pipe Plastic handle pry bar set 3pc 2 -Roof flashing sealant black 24 -Air filters/4-putty knife 4 -yellow pipe markers 5 -cable tie Gas, calibration Ear plug/aerosol lubricant Towel shop Check 113389 Date Paid:09/10/2010 Bud Greeley Inv. 100901 09/01/2010 Park & Rec Refund Check 113390 Date Paid:09/10/2010 Inv. 79128 08/02/2010 Inv. 79196 08/04/2010 Inv.79278 08/31/2010 Inv. 79314 08/06/2010 Inv.79320 08/31/2010 Inv.79347 08/09/2010 Inv.79358 08/31/2010 Inv.79535 08/31/2010 Inv.79644 08/20/2010 Inv.79648 08/20/2010 Inv.79748 08/31/2010 Inv.79786 08/31/2010 Inv.79827 08/31/2010 Inv.79863 08/31/2010 Inv.79882 08/31/2010 Check 113391 Date Paid:09/10/2010 Inv. 16977 08/18/2010 Hamel Lumber & Supply Inc Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug 110 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug 110 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Aug10 Hardware Supplies Hance Utility Services Inc PM Utility locate Check 113392 Date Paid:09/10/2010 Hawkins Water Treatment Inv. 3148582RI 08/16/2010 ZWP Sodium Permanganate Inv. 3149822RI 08/19/2010 CWP 550gl Sodium Permanganate Check 113393 Date Paid:09/10/2010 Hedberg Aggregate Inc Inv. 749911 08/19/2010 4.030 ton boulders Page 1 of 16 4,668.30 104.74 461.70 Amount: 148.02 65.59 82.43 Amount: 2,958.30 2,958.30 Amount: 1,501.59 1,501.59 Amount: 329.61 329.61 Amount: 647.89 19.10 39.78 24.20 70.07 16.80 144.17 170.98 138.76 24.03 Amount: $5.00 5.00 Amount: $296.50 4.14 15.48 37.71 10.66 27.22 20.30 6.87 32.64 11.42 25.61 9.63 25.61 14.99 27.09 27.13 Amount: $147.00 147.00 Amount: $15,603.00 7,430.00 8,173.00 Amount: $225.69 225.69 page 5 9/20/2010 Check 113394 Date Paid:09/10/2010 Highway 55 Rental Inc Amount: $135.95 Inv. 429772 08/16/2010 Tiller 8 hp rear tine $106.02 Inv. 429864 08/18/2010 2 -blade 14 metal 20mm $29.93 Check 113395 Date Paid:09/10/2010 Inv.88236 08/19/2010 Check 113396 Date Paid: 09/10/2010 Inv. 100821 08/21/2010 Check 113397 Date Paid:09/10/2010 Inv.055425 08/04/2010 Inv.055426 08/04/2010 Inv. 055771 08/11/2010 Inv.055775 08/11/2010 Inv.055833 08/12/2010 Inv.055872 08/12/2010 Inv.055916 08/13/2010 Inv.055994 08/16/2010 Inv.056000 08/16/2010 Inv.056084 08/17/2010 Inv.056148 08/18/2010 Inv.056150 08/31/2010 Inv. 056151 08/18/2010 Inv.056240 08/19/2010 Inv. 056251 08/19/2010 Inv.056252 08/19/2010 Inv.056304 08/31/2010 Inv.056533 08/31/2010 Inv.056534 08/25/2010 Inv.056537 08/25/2010 Inv.056770 08/30/2010 Inv.056782 08/30/2010 Inv. 056799 08/31/2010 Check 113398 Date Paid:09/10/2010 Inv. 7013816659 05/31/2010 Check 113399 Date Paid:09/10/2010 Inv. 100831 08/31/2010 Check 113400 Date Paid:09/10/2010 Inv.11073443 08/19/2010 Check 113401 Date Paid:09/10/2010 Inv. 10345582010083 08/31/2010 Check 113402 Date Paid:09/10/2010 Inv.355063 08/18/2010 Check 113403 Date Paid: 09/10/2010 Inv. 28951 09/02/2010 Check 113404 Date Paid:09/10/2010 Inv.100902 09/02/2010 Hirshfield's Paint Mfg Inc 96 5gl White field marking paint Holiday Fleet 7.22/8.21.10 29 E85 Fuel trips Hopkins Parts Co. Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair inv#056240 Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Aug10 Equipment Repair Amount: $2,323.89 2,323.89 Amount: $723.21 723.21 Amount: $914.78 25.52 1.54 17.27 5.37 67.67 23.50 5.77 40.40 26.00 45.15 3.09) 32.43 16.76 330.99 315.45 32.23 330.99) 22.51 42.13 145.78 23.04 2.63 26.72 Killmer Electric Company Inc Amount: $582.66 Proj8107 Campus Dry UG power lines lowered $582.66 Lawn King Inc Aug'10 Sod/Landscape supplies League of MN Cities Ins Trust Clain 2010.17 Resident vehicle repairs LexisNexis Risk Data Management Inc Aug'10 LexisNexis Litin Paper PCC Hvy dty liners 13gl, 33gl, 48gl Loretto Auto Recondition Unit 36 driver door body paint work Lowe's 8.2/8.17.10 Hardware Charges Check 113405 Date Paid: 09/10/2010 Mad About Radios LLC Page 1 of 16 Amount: 94.59 94.59 Amount: 208.91 208.91 Amount: 72.40 72.40 Amount: 373.97 373.97 Amount: 250.00 250.00 Amount: 138.26 138.26 Amount: 1,141.50 Page 6 9/20/2010 Inv. 4578 08/16/2010 3 Minitor V Pagers Check 113406 Date Paid:09/10/2010 Matco Tools Inv. 12893 09/03/2010 Wire terminal tool Check 113407 Date Paid:09/10/2010 Inv. 126012 08/16/2010 Check 113408 Date Paid:09/10/2010 Inv.94800764 08/18/2010 Check 113409 Date Paid:09/10/2010 Inv.243768 08/16/2010 Check 113410 Date Paid:09/10/2010 Inv.100908 09/08/2010 Check 113411 Date Paid:09/10/2010 Inv. 100831 08/31/2010 Check 113412 Date Paid:09/10/2010 Inv.75399500 08/19/2010 Inv.75434300 08/20/2010 Metro Athletic Supply Inc 96-Puggs pegs w/elastic Mine Safety Appliances Company R sheldon/Care Training Minnesota Glove & Safety Inc 15 Mesh safety vests Minnesota Safety Council, Inc Sylvia Grismer/Child Injury Summit CERT MN Dept of Labor & Industry Conf# 9708053180 Aug'10 Bldg Permit Surcharge Report MTI Distributing Inc 2 -shaft roller/1 roller deck/2pin special 6 -mounts Check 113413 Date Paid:09/10/2010 NAPA Geniune Auto Parts Co Inv. 200570 08/05/2010 Unit 1004 relay Inv. 202670 08/20/2010 Elec fuel pump Inv. 202962 08/23/2010 Alternator/V ribbed belt-retrns Check 113414 Date Paid:09/10/2010 Nardini Fire Equipment Co Inc Inv. 373848 08/26/2010 Pavilion /cabin 2010 alarm syst inspection Check 113415 Date Paid:09/10/2010 NCS National Courier Service Inc Inv. 24099 08/20/2010 8.16.10 courier to Ehlers Check 113416 Date Paid:09/10/2010 Inv. 100831 08/23/2010 Check 113417 Date Paid:09/10/2010 Inv.143862 08/27/2010 Check 113418 Date Paid:09/10/2010 Inv.100903 09/03/2010 Check 113419 Date Paid:09/10/2010 Inv.524787368002 08/06/2010 Inv. 530181200001 08/18/2010 Inv. 530182940001 08/18/2010 Inv. 530235185001 08/18/2010 Inv. 530347016001 08/19/2010 Inv. 530347071001 08/19/2010 Inv. 530365334001 08/19/2010 Inv. 530586156001 08/20/2010 Inv. 530639120001 08/20/2010 Check 113420 Date Paid:09/10/2010 Inv. DV10080374 09/08/2010 Check 113421 Date Paid:09/10/2010 Page 1 of 16 New Paper LLC 8.23.10 In house charge/return Northern Sanitary Supply Co Inc PCC-Handsoap/gloves/detergent Fran Obrien Refund weather radio Office Depot 2pk binding combs 1 bx Envelope/2 usb drive 4-usb drive kingston Finger pad/rubberband Eraser/Itr folder/insert dvdr/Itr tray/pens Insrt divider 5bx envelopes Perf pad/hng fldr/bndr clps/recycled notes/cd mrkr Env/bndr clps/sl tape/fingertip mstnr/acitape tape Office of Enterprise Technolog Aug'10 Wide Area Network services On Site Sanitation 1,141.50 Amount: $23.94 23.94 Amount: $113.07 113.07 Amount: $561.09 561.09 Amount: $146.21 146.21 Amount: $25.00 25.00 Amount: $10,196.95 10,196.95 Amount: $135.44 72.79 62.65 Amount: $243.43 8.86 215.88 18.69 Amount: $368.72 368.72 Amount: $26.18 26.18 Amount: $31.47 31.47 Amount: $202.95 202.95 Amount: $43.00 43.00 Amount: $419.24 26.93 74.12 30.74 12.76 116.60 1.80 46.86 39.37 70.06 Amount: $90.00 90.00 Amount: $188.40 Page 7 9/20/2010 Inv. A401700 08/31/2010 8/21-8/27/10 Maple Creek 12.56 Inv. A401701 08/31/2010 8/21-8/27/10 Shiloh 12.56 Inv. A401702 08/31/2010 8/21-8/27/10 Heather Ponds 12.56 Inv. A401703 08/31/2010 8/21-8/27/10 Mission Hills 12.56 Inv. A401704 08/31/2010 8/21-8/27/10 Zachary Elementary 12.56 Inv. A401705 08/31/2010 8/21-8/27/10 Rolling Hills 12.56 Inv. A401706 08/31/2010 8/21-8/27/10 Schmidt Lake 12.56 Inv. A401707 08/31/2010 8/21-8/27/10 Lions 12.56 Inv. A401708 08/31/2010 8/21-8/27/10 Circle Park 12.56 Inv. A401709 08/31/2010 8/21-8/27/10 Queensland 12.56 Inv. A401710 08/31/2010 8/21-8/27/10 Imperial Hill 12.56 Inv. A401711 08/31/2010 8/21-8/27/10 Shenandoah 12.56 Inv. A401712 08/31/2010 8/21-8/27/10 Lacompte Green 12.56 Inv. A401713 08/31/2010 8/21-8/27/10 Heritage 12.56 Inv. A401714 08/31/2010 8/21-8/27/10 Camelot Park 12.56 Check 113422 Date Paid:09/10/2010 Prairie Restorations Inc Amount: $651.64 Inv. 0013107 08/20/2010 8.11.10 Woodland Trails prairie management 183.63 Inv. 0013108 08/20/2010 8.11.10 Parkview Park prairie maint 97.90 Inv. 0013109 08/20/2010 8.11.10 PCC Prairie maintenance 221.80 Inv. 0013110 08/20/2010 8.11.10 City Center prairie maintenance 148.31 Check 113423 Date Paid:09/10/2010 Printers Service Inc Inv. 249080 08/18/2010 2-77" ice knife Check 113424 Date Paid:09/10/2010 Qwest Inv. E2325760910 09/01/2010 Sep'10 E23.2576 Inv. E4404790910 09/01/2010 Sep'10 E44.0479 Inv. E4404930910 09/01/2010 Sep'10 E44.0493 Check 113425 Date Paid:09/10/2010 Inv. S171454 07/30/2010 Check 113426 Date Paid:09/10/2010 Inv.112118190810 08/19/2010 Inv.112572180810 08/19/2010 Inv.114317480810 08/19/2010 Inv.141320810 08/19/2010 Inv.141570810 08/19/2010 Check 113427 Date Paid:09/10/2010 Inv.300584600 08/19/2010 Check 113428 Date Paid:09/10/2010 Inv. 100831 08/31/2010 Check 113429 Date Paid:09/10/2010 Inv. 100811 08/11/2010 Check 113430 Date Paid:09/10/2010 Inv. M030077735 08/16/2010 Check 113431 Date Paid:09/10/2010 Inv. 12579 08/16/2010 Rainbow Treecare Inc 7.2/7.28.10 Tree rmvl,trimming,hauling Randy's Sanitation Inc Aug'10 CWP Rubbish Removal Aug'10 ZWP Rubbish Removal Sep'10 PCC Rubbish Removal Aug'10 PW/PM Rubbish Removal Aug'10 CC Rubbish Removal Reinders Inc Fungicide VII 70pallet Rick Johnson Deer & Beaver Inc Aug'10 1 Dead deer pickup Rotary Club of Plymouth Membership dues Royal Tire Inc 4 recap truck tires 11 R22.5 Scharber & Sons Felling Trailer FT -12 WD Drop Deck Check 113432 Date Paid:09/10/2010 Scharber & Sons Inv. 02202411 08/13/2010 1 Summer soil, 3 combin Inv.022024277 08/17/2010 6 Element Page 1 of 16 Amount: $36.00 36.00 Amount: $1,091.77 107.95 539.71 444.11 Amount: $22,061.75 22,061.75 Amount: $1,213.90 54.02 63.56 267.20 331.50 497.62 Amount: $115.96 115.96 Amount: $95.00 95.00 Amount: $140.00 140.00 Amount: $686.30 686.30 Amount: $5,711.00 5,711.00 Amount: $118.07 26.55 29.50 Page 8 9/20/2010 Inv. 022024543 08/24/2010 2 Saw ch, 1 12" intez ba Check 113433 Date Paid:09/10/2010 Inv. 810671 09/01/2010 Check 113434 Date Paid:09/10/2010 Inv.232667 07/12/2010 Check 113435 Date Paid:09/10/2010 Inv. 78024331 08/31/2010 Inv.781023817 08/26/2010 Selectaccount Sep'10 FSA/VEBA Short -Elliott -Hendrickson Inc Claim 2008 ZWP hail damage Skyhawks Sports Academy Inc 8.16/8.19.10 Baseball,MiniHawk camps 8.9/8.12.10 Flag Football,Quickstart Check 113436 Date Paid:09/10/2010 St Joseph Equipment Inc Inv. S179812CM 07/16/2010 Credit to invoice S179812 Inv. S180050 08/10/2010 Claim 2010.29 Excavator glass broken Inv. S180595 08/20/2010 Blade flat/wlmt pin Inv. SR16752 08/20/2010 8.15/9.14.10 Excavator rental Check 113437 Date Paid:09/10/2010 Stearns County Sheriff's Dept Inv. 100907 09/07/2010 W#VB104509 R2010.4667 Bail Inv. 100908 09/08/2010 W#10019470 R2010.4696 Bail Check 113438 Date Paid:09110/2010 Street Fleet Inv. 261842 08/31/2010 8.19/8.20.10 MTI parts courier service 62.02 Amount: $435.54 435.54 Amount: $1,299.00 1,299.00 Amount: $8,973.00 5,467.50 3,505.50 Amount: $881.90 531.71) 66.53 64.58 1,282.50 Amount: $400.00 220.00 180.00 Amount: $30.00 30.00 Check 113439 Date Paid: 09/10/2010 Streicher's Inc Amount: $2,204.96 Inv. 1763765 08/16/2010 Curtis Smith/Safariland XT700 Level 3A Vest 1,025.00 Inv. 1764564 08/18/2010 Durenberg/Safariland XT500 level 3A vest 800.00 Inv. 1764791 08/19/2010 Flashlight 94.99 Inv. 1764793 08/19/2010 3 -Flashlight 284.97 Check 113440 Date Paid:09/10/2010 Suburban Tire Wholesale Inc Amount: $6,253.80 Inv. 10093172 07/14/2010 4 9X350.4 TR87 21.63 Inv. 10093182 07/15/2010 Unit 1704 4 P235/70R17 108S WRA tires 462.94 Inv. 10093227 07/16/2010 8 P235/55R17 98V EAG UG tires 963.41 Inv. 10093242 07/19/2010 Unit 138 3 P225/60R16 Eagle Ultra Grip tires $276.92 Inv. 10093334 07/23/2010 2 410.4 Sawtooth 4 ply tires 28.56 Inv. 10093380 07/23/2010 1 23x10.50.12 Turf master 4 ply tire 71.41 Inv. 10093408 07/26/2010 6 P235/55R17 98V EAG tires 722.56 Inv. 10093417 07/26/2010 2 27X10.50 15NHS CMT tires 347.41 Inv. 10093744 08/09/2010 2 31x10.5R15 C WRG tire 207.27 Inv. 10093757 08/09/2010 5 P235/55R17 98V Eag UG tire 602.13 Inv. 10093870 08/12/2010 6 P235/55R17 98V EAG Ug tire 722.56 Inv. 10094007 08/19/2010 1 24x12.00.12 6 Ply Turf Trac tires 106.88 Inv. 10094083 08/23/2010 6 P235/55R17 98V EAG UG tires 722.56 Inv. 10094135 08/24/2010 Unit 400 2 P225/60R16 97T Assurance tires 156.36 Inv. 10094193 08/25/2010 Unit 497 4 P225/60R16 98H Assurance tire 312.72 Inv. 10094350 08/31/2010 4 LT245/75R16 E WRG SLT tires 528.48 Check 113441 Date Paid: 09/10/2010 Sun Newspapers Inv. 1273095 09/02/2010 Ord #2010-16 Inv. 1273096 09/02/2010 Ord #2010-14 Inv. 1273097 09/02/2010 Ord #2010-15 Inv. 1273098 09/02/2010 File 2010071 Check 113442 Date Paid:09/1012010 Superior Brookdale Ford Inv. 32178 08/31/2010 262 conde Page 1 of 16 Amount: $296.74 75.08 53.63 100.10 67.93 Amount: $336.10 256.93 page 9 9/20/2010 Inv. 33584 08/17/2010 Car motor part AW7z Inv. 34251 08/30/2010 Claim 2010.17 Squad 103 headlight assmbly Inv. CM34163 08/31/2010 Core Credit #34163 Check 113443 Date Paid:09/10/2010 Inv. 081510 08/05/2010 Inv. 085210 08/05/2010 Check 113444 Date Paid:09/10/2010 Inv.1OTF1643 08/19/2010 Inv.1OTF1650 08/19/2010 Check 113445 Date Paid:09/10/2010 Inv. 4159 08/10/2010 Check 113446 Date Paid:09/10/2010 Inv. J134514 08/18/2010 Check 113447 Date Paid:09/10/2010 Inv.44436 08/19/2010 Supreme Building Maintenance Aug'10 Cheshire Janitorial Aug'10 Station 73 Janitorial Taho Sportswear Inc 35 Youth Hockey t shirts 3 -Bocce ball t shirts Tri -K Services 8.9/8.27.10 108yds Pulv Topsoil Turfwerks LLC Brake disc Uniforms Unlimited Inc. 46 Taser Holsters Check 113448 Date Paid:09/10/2010 University of Minnesota Inv. 101031 09/03/2010 11.'09/10.31.10 WDC Certif Renewal/Derek Asche Check 113449 Date Paid: 09/10/2010 USA Bluebook Inv. 215782 08/18/2010 12 4x6 manhole inspection mirror Check 113450 Date Paid:09/10/2010 USPCA Region 12 Inv. 101012 09/03/2010 Bob Topp/10.12/10.14.10 "Understanding the E -Collar" Check 113451 Date Paid:09/10/2010 Inv. 100927A 09/03/2010 Check 113452 Date Paid:09/10/2010 Inv. 700 08/18/2010 Check 113453 Date Paid:09/10/2010 Inv. I N 18781 08/16/2010 Inv. I N 18880 08/20/2010 Check 113454 Date Paid:09/10/2010 Inv.52327 06/21/2010 Check 113455 Date Paid:09/10/2010 Inv. F202290048 08/17/2010 Inv. F202320039 08/20/2010 Check 113456 Date Paid:09/10/2010 Inv.789603 08/19/2010 Check 113457 Date Paid:09/10/2010 Inv. 018670201 06/25/2010 Inv.018670202 07/27/2010 Inv.018670203 08/24/2010 Check 113458 Date Paid:09/10/2010 Inv. 51626172430810 08/30/2010 Check 113459 Date Paid:09/10/2010 Inv.100820 08/20/2010 USPCA Region 18 Bob Topp/K9 Officer legal updates Vacker Inc 1 24;x4' cedar dog park sign Vance Brothers Inc 600gl CRS -2 600gl CRS -2 Von Hanson's Meats 6.21.10 food for FF1 & 2 graduation W D Larson Companies LTD Inc Various filters 9 Filters The Watson Company IC Concessin food resupply WSB & Associates Proj10001 5.31.10 Construction staking Proj10001 6.30.10 Construction staking Proj10001 7.31.10 Construction staking Xcel Energy 7.14/8.16.10 PCC,HS,CC,PS,FS3,Residental str lights 5505 Vickburg LLC Spring Meadows Trunk Watermain Reimb 52.77 133.28 106.88) Amount: $891.34 223.37 667.97 Amount: $166.65 139.65 27.00 Amount: $1,269.68 1,269.68 Amount: $46.66 46.66 Amount: $2,275.48 2,275.48 Amount: $75.00 75.00 Amount: $146.41 146.41 Amount: $25.00 25.00 Amount: $50.00 50.00 Amount: $876.38 876.38 Amount: $3,206.26 1,603.13 1,603.13 Amount: $199.66 199.66 Amount: $216.03 185.60 30.43 Amount: $422.66 422.66 Amount: $16,495.00 67.00 7,002.00 9,426.00 Amount: $65,079.25 65,079.25 Amount: $100,655.00 100,655.00 Page 10 Page 1 of 16 9/20/2010 Check 113460 Date Paid:09/10/2010 City of Wayzata Inv. 100903 09/03/2010 Unit 41 title,file,patrol tax Check 113461 Date Paid:09/10/2010 Community Health Charities Inv. 2010-00000221 08/27/2010 CHAR CHC - Community Health Charities Check 113462 Date Paid:09/10/2010 Diane Evans Inv. 100903 09/03/2010 8.12/9.3.10 85 Mileage Reimb Check 113463 Date Paid:09/10/2010 Richard Kline Inv. 100826 08/26/2010 airfare--IAFC con 8.26/8.28.10 Chicago Check 113464 Date Paid:09/10/2010 Law Enforce Labor Serv./Union Inv. 2010-00000222 08/27/2010 DUES POL - Police Union Dues Check 113465 Date Paid:09/10/2010 Inv.100823 08/23/2010 Amount: $20.00 20.00 Amount: $45.00 45.00 Amount: $42.50 42.50 Amount: $159.40 159.40 Amount: $1,337.91 1,337.91 Sara Mittelstaedt Amount: $78.19 8.9/8.23.10 $78.19 Byerly's,Jo-Ann,Target,Rai nbow,TraderJoe,Sa m Check 113466 Date Paid: 09/10/2010 MN AFSCME Council #5 Inv. 2010-00000223 08/27/2010 DUES MTCE - Maintenance Union Dues* Check 113467 Date Paid:09/10/2010 Inv. 2010-00000224 08/27/2010 Check 113468 Date Paid:09/10/2010 Inv. 2010-00000225 08/27/2010 Check 113469 Date Paid:09/10/2010 Inv. 100815 08/15/2010 Check 113470 Date Paid:09/10/2010 Inv. 100902A 09/02/2010 Check 113471 Date Paid:09/10/2010 Inv. 2010-00000226 08/27/2010 Check 113472 Date Paid:09/10/2010 Inv. 2010-00000227 08/27/2010 Check 113473 Date Paid:09/10/2010 Inv. Import - 881 09/08/2010 Check 113474 Date Paid:09/17/2010 Inv. A85738 08/25/2010 Check 113475 Date Paid:09/17/2010 Inv. WO6408231 08/26/2010 Check 113476 Date Paid:09/17/2010 Inv.8359MB 08/23/2010 Inv.8362MB 08/24/2010 Inv.8363MB 08/25/2010 Inv.8364MB 08/26/2010 Inv.8382MB 08/27/2010 Check 113477 Date Paid:09/17/2010 Inv.509545 08/17/2010 Check 113478 Date Paid:09/17/2010 Inv.456379 08/23/2010 MN Child Support Payment Ctr CHID SUP% - Child Support Percentage* MN Environmental Fund CHAR MN ENV - MN Enviromental Fund Robert Moberg 8.15/8.18.10 APWA Boston conf registr Jan Olsson 8.28/9.2.10 Orlando IAAO conf 5days lodge,bagage fee,2per diem Open Your Heart CHAR OYH - Open Your Heart United Way CHAR UW - United Way Bodin, Jon Park and Rec Refund Ace Lock & Safe Co Inc PW Replace garage rear main door Bertelson Total Office Solutions Rubber finger tips/pop up notes/laminating pouches/scratch pads C S McCrossan Construction Inc 8.23.10 442.23ton LVWE45030B Rap 8.24.10 302.19 ton LVWE45030B Rap 8.25.10 85.29 ton LVWE45030B Rap 8.26.10 292.01 ton LVWE45030B Rap 8.27.10 15.50ton LVWE45030B Ra[ Central Power Distributors Inc 6 Mulching blades/catalog Construction Midwest Inc 500sy filter fabric nonwoven Amount: $2,703.32 2,703.32 Amount: $1,742.34 1,742.34 Amount: $17.00 17.00 Amount: $675.00 675.00 Amount: $1,141.65 1,141.65 Amount: $51.00 51.00 Amount: $101.41 101.41 Amount: $100.00 100.00 Amount: $3,610.89 3,610.89 Amount: $123.44 123.44 Amount: $50,439.52 19,614.40 13,403.13 3,782.87 12,951.64 687.48 Amount: $99.43 99.43 Amount: $496.97 496.97 Page 11 Page 1 of 16 9/20/2010 Check 113479 Date Paid:09/17/2010 Crown Marking Inc Inv. 0212848IN 08/24/2010 "Tax Letter" stamp Amount: $32.70 32.70 Check 113480 Date Paid: 09/17/2010 Cub Foods Amount: 103.68 Inv. 100831 09/14/2010 Aug10 Food Charges 103.68 Check 113481 Date Paid:09/17/2010 Dakota Supply Group Inc Amount: 858.73 Inv. 6581630 08/24/2010 1000 gskt, 16 3/4" x 7-1/2 #2 setters/rplcmnt 858.73 Check 113482 Date Paid:09/17/2010 Designwrite Studios Amount: 1,346.83 Inv. 5516 08/25/2010 Sep-Oct'10 Plymouth News 641.17 Inv. 5517 08/25/2010 Sep-Oct'10 Environmental Extra 705.66 Check 113483 Date Paid:09/17/2010 DTS/Document Tech Solutions Amount: 21,506.90 Inv. CM11607 09/07/2010 Aug'10 P&R copy credit 601.44) Inv. INV41010 08/22/2010 8.22/11.21.10 Copy 11,567.56 Mai nt-PD,PW, IC,Admin, Fire, PCC, Eng Inv. INV41449 08/22/2010 7.22/8.22.10 maint contract cancel credit/copy 753.04) ctr,mailrm Inv. INV41450 08/22/2010 final/5.22/7.21.10 copy overage/credit for 1,991.68 maint-Parks&Rec Inv. INV41451 08/22/2010 Final/5.22/7.21.10 copy overage/credit for 1,645.73 maint-CD&Fin Inv. INV41453 08/22/2010 8.22/11.21.10 P&R,Mailrm,CD,Fin copy maint 6,469.83 Inv. INV41485 08/22/2010 7.22/8.21.10 Copy Maint P&R,CD,Fin,Mailrm 1,186.58 Check 113484 Date Paid:09/17/2010 Electrical Installation & Mnt Amount: 100.00 Inv. 00113471N 08/24/2010 Signal work 36th & Vicksburg reset loop 100.00 Check 113485 Date Paid:09/17/2010 Evenflo Amount: 1,029.93 Inv. IN947322 08/23/2010 4 Titan,4 Triumph Advance,8 Big Kids N/B,6 1,029.93 Bid Kid Factory/resal Check 113486 Date Paid:09/17/2010 Fastenal Company Inv. MNPLY42031 08/26/2010 Tb eye-eye/thmbl/df cc 3/16 Check 113487 Date Paid:09/17/2010 FedEx Inv. 720256532 08/25/2010 8.5/8.17.10 PD,Fire,Water Check 113488 Date Paid:09/17/2010 Inv.1006557576 08/27/2010 Check 113489 Date Paid:09/17/2010 Inv.9331501693 08/24/2010 Inv.9331665035 08/24/2010 Inv.9333177856 08/25/2010 Inv.9333347715 08/26/2010 Inv.9333347723 08/26/2010 Inv.9333615715 08/26/2010 Inv.9334339018 08/26/2010 Check 113490 Date Paid:09/17/2010 Inv. 3151364RI 08/25/2010 Inv. 3151638RI 08/25/2010 Check 113491 Date Paid:09/17/2010 Inv. 385758001 08/23/2010 Check 113492 Date Paid:09/17/2010 Page 1 of 16 G&K Services Inc Public Works Uniform Rental Grainger Air chuck/coupler plug/coiled air hose 4 -cable tie Measuring wheel w/stand Recip saw blade/drill and drive set/marking paint Ratchet puller/steel chain/clevis hook 19-Wd lubricant/abrasion glove/cable ties/microtouch/butane refi 3/4in foam tape Hawkins Water Treatment ZWP 25gl Aqua Hawk, 329.06gl LPC -9L CWP 4472gl Azone 15 Highway Technologies Inc 8.16.10 Safety signage/barricades set up Home Depot Amount: $38.36 38.36 Amount: $107.97 107.97 Amount: $329.61 329.61 Amount: $954.53 27.81 179.68 113.17 93.67 279.77 210.12 50.31 Amount: $5,670.57 2,559.42 3,111.15 Amount: $265.82 265.82 Amount: $4,008.46 Page 12 9/20/2010 Inv. 100810 08/31/2010 7/28-8/26 Hardware Charges 4,008.46 Date Paid:09/17/2010 Check 113493 Date Paid:09/17/2010 Instrumental Research Inc Amount: 704.00 Inv. 5584 08/25/2010 Aug'10 Water testing 704.00 Inv.7435700 08/24/2010 Check 113494 Date Paid:09/17/2010 John Deere Landscapes Inc Amount: 37.33 Inv. 55649384 08/26/2010 Pvc expansion repair/coupling soc pvc fittin 37.33 341.34 Check 113495 Date Paid:09/17/2010 Kriss Premium Products Inc Amount: 141.31 Inv. 112906 08/27/2010 5 5gl pails CWT -350 Dichloro microbiocide 141.31 32.22 Check 113496 Date Paid:09117/2010 LSC Resource Inc Amount: 1,271.81 Inv. 22931 08/27/2010 40cs 8.5"x11 20# copy paper/PW 1,271.81 Check 113497 Date Paid:09/1712010 Inv.00184152SNV 08/24/2010 Check 113498 Date Paid:09/17/2010 Inv. 126515 08/27/2010 Check 113499 Date Paid:09/17/2010 Inv.174885 08/23/2010 Check 113500 Date Paid:09/17/2010 Inv.74028700 08/13/2010 Inv.7435700 08/24/2010 Check 113501 Date Paid:09/17/2010 Inv. 143801 08/27/2010 Check 113502 Date Paid:09/17/2010 Inv.0193052497 08/24/2010 Check 113503 Date Paid:09/17/2010 Inv. 530817102001 08/23/2010 Inv. 531014590001 08/24/2010 Inv. 531160245001 08/25/2010 Inv. 531415974001 08/26/2010 Check 113504 Date Paid:09/17/2010 Inv. A401841 09/03/2010 Inv. A401842 09/03/2010 Inv. A401843 09/03/2010 Inv. A401844 09/03/2010 Inv. A401845 09/03/2010 Inv. A401846 09/03/2010 Inv. A401847 09/03/2010 Inv. A401848 09/03/2010 Inv. A401849 09/03/2010 Inv. A401850 09/03/2010 Inv. A401851 09/03/2010 Check 113505 Date Paid:09/17/2010 Inv.36274 08/31/2010 Inv.36305 08/31/2010 Inv.36347 08/31/2010 Check 113506 Date Paid:09/1712010 Inv. 039101 08/23/2010 MES Inc Repair 3 fire com head sets Metro Athletic Supply Inc 4 -soccer nets Morrie's Imports Inc Replaced #8 injector MTI Distributing Inc Mech seal 101<16 2 -Bracket gearbox Northern Sanitary Supply Co Inc ICHandsoap/urinal/wipers/spray/ntral clnr/eye-eye wash station Northern Tool/HSBC Business Solutions 4-3/8" ratchet/3/8 transport 1 00f Office Depot Bsd/r kive file Tape/battery size AA 4 -notebook Name badge/memory wristrest On Site Sanitation 8/21-8/27 Green Oaks 8/21-8/27 St Marys 8/21-8/27 Gleanloch 8/21-8/27 South Shore 8/21-8/27 Sunrise (trl by 9820 29th Ave) 8/21-8/27 Timber Shores 8/21-8/27 Three Ponds 8/21-8/27 Swan Lake 8/21-8/27 West Lutheran High School 8/21-8/27 Gateway 8/21-8/27 Turtle Lake Amount: 384.75 384.75 Amount: 555.54 555.54 Amount: 100.00 100.00 Amount: 192.91 131.93 60.98 Amount: 568.41 568.41 Amount: 341.34 341.34 Amount: 156.71 70.79 36.64 17.06 32.22 Amount 12.56 12.56 12.56 12.56 12.56 25.12 12.56 12.56 12.56 12.56 12.56 150.72 Owens Companies Inc Amount: $1,104.90 PS - automation alarm $258.80 PW - Ck'd warm offices $258.80 PS - a/c not cooling/water heater $587.30 Phasor Electric Company Plymouth fire station #2 Amount: $936.85 542.45 Page 13 Page 1 of 16 9/20/2010 Inv. 039102 08/23/2010 Plymouth fire station #1 replace exterior gfi receptacles Inv. 039103 08/23/2010 Plymouth fire station #3 replace exterior Inv. 039123 08/27/2010 Plymouth fire #3 replace receptacle in training room Check 113507 Date Paid:09/17/2010 Radio Shack Corporation Inv. 306706 08/27/2010 Dual phono/pk36 shrnk Check 113508 Date Paid:09/17/2010 Streicher's Inc Inv. 1765582 08/23/2010 10-Shirts/clip ons Check 113509 Date Paid:09/17/2010 Inv. 1271571 08/26/2010 Inv.1274440 09/09/2010 Inv. 1274441 09/09/2010 Inv.1274442 09/09/2010 Inv.1274443 09/09/2010 Sun Newspapers NOPH Easement drainage/utility Ord 2010-18 Ord 2010-17 Applebee's liquor license Revenue Bonds -Interfaith Outreach and Community Partners Check 113510 Date Paid:09117/2010 SW/WC Service Cooperatives Inv. 101001 09/03/2010 Oct'10 BCBC Health Ins Prem Check 113511 Date Paid:09/1712010 Toll Company Inv. 408226 09/03/2010 6 @ .329 propane and proplylene 179.75 119.85 94.80 Amount: $22.71 22.71 Amount: $194.91 194.91 Amount: $521.96 185.90 96.53 132.28 35.75 71.50 Amount: $187,532.00 187,532.00 Amount: $51.00 51.00 Check 113512 Date Paid: 09/17/2010 Total Control Systems Inc Amount: $2,043.98 Inv. 5332 08/23/2010 2,250' 12 strand single mode fiber optic cable $2,043.98 w/SC Conn Check 113513 Date Paid:09/17/2010 Vance Brothers Inc Inv.IN18961 08/26/2010 500gl CRS -2 Check 113514 Date Paid: 09/17/2010 Inv. 101022 09/14/2010 Check 113515 Date Paid:09/17/2010 Inv.789862 08/26/2010 Viking Trophies 2 -tulip lotus vase -planting plymouth proud The Watson Company IC Concession food resupply Check 113516 Date Paid:09/17/2010 Xcel Energy Inv. 51465207540810A 08/24/2010 Inv. 51472281600810 08/26/2010 7.18.8.18.10 2 Water Towers Inv. 51554915750810 08/26/2010 7.15/8.18.10 8 Lift Stations Inv. 51618204530810 08/26/2010 6.30/8.18.10 Traffic Signals Check 113517 Date Paid:09/17/2010 Inv.995667 08/25/2010 Check 113518 Date Paid:0911712010 Inv. Import - 883 09/15/2010 Check 113519 Date Paid:09/17/2010 Inv. Import - 884 09/15/2010 Check 113520 Date Paid:09117/2010 Inv. Import - 882 09/15/2010 Check 113521 Date Paid:09/17/2010 Inv. Import - 885 09/15/2010 Check 113522 Date Paid:0911712010 Inv.89675 08/08/2010 Yocum Oil Company Inc 3000gl Diesel, 4999gl Unleaded fuel Ekeberg, Betty ( E.J.) Park and Rec Refund Finken, Theresa Park and Rec Refund Flanders, Jane Park and Rec Refund Sundberg, Beth Park and Rec Refund American Flagpole & Flag Co 10 5x8 ft Nylon Minnesota Flags Amount: $1,335.94 1,335.94 Amount: $198.68 198.68 Amount: $941.08 941.08 Amount: $7,539.02 7.1/8.2.10 CWP only$4,390.40 54.27 729.13 2,365.22 Amount: 17,811.27 17,811.27 Amount: 23.00 23.00 Amount: 44.00 44.00 Amount: 32.00 32.00 Amount: 200.00 200.00 Amount: 1,118.98 1,118.98 Page 14 Page 1 of 16 9/20/2010 Check 113523 Date Paid:09/17/2010 Inv. 786140 08/27/2010 Check 113524 Date Paid:09/17/2010 Inv. 3673 09/14/2010 Check 113525 Date Paid:09/17/2010 Inv. 100731 07/31/2010 Inv. 100831 08/31/2010 Check 113526 Date Paid:09/17/2010 Inv. 100915 09/14/2010 American Industrial Refrigeration Inc Amount: 703.00 IC 8.8.10 Rinks A&B down 110 vacuum control 703.00 Date Paid:09/17/2010 pwr circuit brkr not 08/23/2010 Check 113530 Animals of Walton's Hollow Amount: 1,552.00 9.25.10 POP petting zoo/pony rides 1,552.00 Inv. 061500012091 08/31/2010 Brian Skavnak Golf Academy Amount: 3,365.00 Jul'10 Golf lessons 1,730.00 Date Paid:09/17/2010 Aug'10 Golf lessons 1,635.00 Check 113534 Calibre Press Amount: 731.00 4 Reg istrPStreet 731.00 Inv.100907 Survival"Fadden,Kuklok, Lynch, Kurtz Check 113527 Date Paid:09/17/2010 Cedar Valley Exteriors Inv. 201004817 09/10/2010 14805 41 st Ave N Bldg Permit 201004817 refund Check 113528 Date Paid:09/17/2010 Inv.100908 09/08/2010 Check 113529 Date Paid:09/17/2010 Inv.100823 08/23/2010 Check 113530 Date Paid:09/17/2010 Inv. 101X22260106 08/31/2010 Check 113531 Date Paid:09/17/2010 Inv. 061500012091 08/31/2010 Check 113532 Date Paid:09/17/2010 Inv.527814 08/31/2010 Check 113533 Date Paid:09/17/2010 Inv. 101 09/15/2010 Check 113534 Date Paid:09/17/2010 Inv. 039054M 09/14/2010 Check 113535 Date Paid:09/17/2010 Inv.1006570510 09/14/2010 Check 113536 Date Paid:09/17/2010 Inv. 3230 08/31/2010 Check 113537 Date Paid:09/17/2010 Inv. 101116 09/14/2010 Check 113538 Date Paid:09/17/2010 Inv.10430928 08/31/2010 Check 113539 Date Paid:09/17/2010 Inv.10057150 08/26/2010 Check 113540 Date Paid:09/17/2010 Inv. 19422 08/01/2010 Check 113541 Date Paid:09/17/2010 Inv.13088 08/11/2010 Inv.13097 08/16/2010 Check 113542 Date Paid:09/17/2010 Inv.100907 09/14/2010 Check 113543 Date Paid:09/17/2010 Page 1 of 16 Comcast 9.18/10.17.10 PW Dataline Amount: $168.66 168.66 Amount: $199.90 199.90 Crow River Senior Center Amount: $300.00 8.23.10 Al and Alma's boat cruise/Senior prog 300.00 Culligan -Metro Amount: $318.40 IC 40 50# solar salt 318.40 FedEx Office Amount: $41.78 Eng/Storm sewer map 41.78 Fra -Dor Inc Amount: $267.18 8.16/8.18.10 20yds Top soil 267.18 Annette Fragale Amount: $150.00 Plymouth Farmers market entertainment 150.00 Frattallone's Hardware Store Amount: $18.44 Cleaning supplies 18.44 G&K Services Inc Amount: 81.66 9.6.10 Rug service 81.66 Amount: $1,934.83 Hennepin County Sheriff/Bookng Amount: 3,736.06 Aug'10 Booking fees/prisoners 3,736.06 Hennepin Tech College Amount: 370.00 Lindman/Smith"M-Step 2010 11.16/11.17.10 370.00 Laidlaw Transit Services Inc Amount: 260,709.29 Aug'10 DAR/Metrolink Transit 260,709.29 Lion Total Care Amount: 483.84 Fire turnout gear repairs/cleaning 483.84 Lyndale Plant Services Amount: $160.31 Aug'10 Plant Lease/Care 160.31 Metro Water Conditioning Inc. Amount: $1,934.83 CC Brine valve stuck 318.01 CC softner controller repairs 1,616.82 Minnesota Pollution Control Agency Amount: $23.00 Tim Przybylski renew class SD sewer license $23.00 Minnesota Recreation & Park Assoc/MRPA Amount: $378,,00 rage 15 9/20/2010 Inv. 100913 09/14/2010 Fall'10 USSSA Softball sanction fees Check 113544 Date Paid:09/17/2010 Mister Car Wash Inv. 2056 09/08/2010 100 Express car wash tickets Check 113545 Date Paid:09/17/2010 MN Fall Maintenance Expo Inv. 101006A 09/14/2010 2 drivers/11 attendees/Maint Expo 10.6.10 Check 113546 Date Paid:09/17/2010 Robert Nesbitt Inv. 33017T 09/07/2010 8.31/9.1.10 mileage/meal RedWing,Hermantown meet Inv. 33018P 09/10/2010 8.30/9.10.10 MN Joint Analysis Inv. 33018T 09/10/2010 9.10.10 mileage, parking, lunch/Rochester Intel meet Check 113547 Date Paid:09/17/2010 North Memorial EMS Education Inv. 3991 08/16/2010 9.14/11.30.10 Stevenson, N utter, Yablonski First Responder /bks Check 113548 Date Paid:09/17/2010 OnTrac Inv. 8402729 08/31/2010 8.16/8.30.10 Attorney courier sery Check 113549 Date Paid:09/1712010 Park Place Portfolio Inc Inv. 090323 09/14/2010 R200901199 3.23.09 SIPA refund/apt Clubhouse Check 113550 Date Paid:09/17/2010 Inv. 16586 07/02/2010 Check 113551 Date Paid:09/17/2010 Inv.100630 06/30/2010 Check 113552 Date Paid:09/17/2010 Inv.51914430910 09/01/2010 Check 113553 Date Paid:09/17/2010 Inv. 100831 08/31/2010 Check 113554 Date Paid:09/17/2010 Inv.100908 09/08/2010 Check 113555 Date Paid:09/17/2010 Inv.201003484 09/14/2010 Check 113556 Date Paid:09/1712010 Inv.8102706816 09/01/2010 Inv. 8102711621 09/01/2010 Check 113557 Date Paid:09/17/2010 Inv. 10034 07/13/2010 Check 113558 Date Paid:09117/2010 Inv.568612126094 08/18/2010 Check 113559 Date Paid:09/17/2010 Inv. CH537584 06/30/2010 Check 113560 Date Paid:09/17/2010 Inv.58961970910 09/06/2010 Check 113561 Date Paid:09/17/2010 Inv.50950000910 09/13/2010 Check 113562 Date Paid:09/17/2010 Page 1 of 16 The Plumbing Guys PW rplc water line to hose,rpr emerg eye wash,rplc vacuum brkr Quantum Development, Inc. Jun'10 Aerobic Dance facility rental Qwest Sep'10 519.1443 Rayito de Sol LLC Jul-Aug'10 Zumba Sam's Club 8.11/8.22.10 IC concession supplies Schadegg Mechanical Inc 4700 Nathan La MechPermit 201003484 refund Schindler Elevator Corp Sep-Nov'10 PS Elev Maintenance Sep-Nov'10 PCC Elev Maintenance SportSign Ltd 6.16.10 Conor Lake interpretur services Sprint 7.15/8.14.10 168 Cellular phones Stanley Security Solutions Inc 1 cored,key Star Tribune Admin5896197 8.26.10/8.26.11 daily paper TDS Metrocom Sep'10 509.5000 CC land lines Tremco Inc 378.00 Amount: $527.51 527.51 Amount: $335.00 335.00 Amount: $2,252.11 89.41 2,090.00 72.70 Amount: $540.00 540.00 Amount: $57.75 57.75 Amount: $8,500.00 8,500.00 Amount: $1,606.00 1,606.00 Amount: $69.00 69.00 Amount: $99.68 99.68 Amount: $1,434.55 1,434.55 Amount: $127.28 127.28 Amount: $1,800.00 1,800.00 Amount: $1,028.79 483.57 545.22 Amount: $105.00 105.00 Amount: $4,125.08 4,125.08 Amount: $40.16 40.16 Amount: $130.00 130.00 Amount: $2,652.73 2,652.73 Amount: $3,542.00 Page 16 9/20/2010 Inv. 92311041 05/13/2010 CC/PS Roof patch and repairs Inv. 92312951 05/17/2010 PW Roof patch and repairs Check 113563 Date Paid:09/17/2010 Inv. 5931 09/13/2010 Check 113564 Date Paid:09/17/2010 Inv. T02962611 09/01/2010 Check 113565 Date Paid:09/17/2010 Inv. 15759 08/24/2010 Tri -Co Tree Movers Tree transplanted USA Mobility Wireless Inc Sep'10 UT pager rental Valley Rich Co Inc 9850 51st Ave N/water main break repairs Check 113566 Date Paid:09/17/2010 Yocum Oil Company Inc Inv. 990589 07/22/2010 234.6g1 Fuel oil for generators Inv. 990590 07/22/2010 1 00g Fuel oil for generators Check 113567 Date Paid:09/17/2010 Inv.100925 09/14/2010 Check 113568 Date Paid:09/17/2010 Inv.100925 09/14/2010 Check 113569 Date Paid:09/17/2010 Inv.100824 08/24/2010 Check 113570 Date Paid:09117/2010 Inv. 101 09/14/2010 Check 113571 Date Paid:09/17/2010 Inv.100903 09/14/2010 Check 113572 Date Paid:09/17/2010 Inv.100826 08/26/2010 Check 113573 Date Paid:09117/2010 Inv. 100910 09/10/2010 Armour, Cindy 9.25.10 POP Balloon artist Robert Bealke 9.25.10 POP DJ services Greg Cook 8.24.10 Reimb Class A CDL license Kracker Jacks Entertainment 9.25.10 POP appearance Chris Leiseth 8.29/9.3.10 SanFrancisco conf meals/taxi Jacqueline Maas Checkmates Confectionery/vol recog event candy Susan Dyrud MacDonald Landmark Winner -Picture Plymouth photo contest 1,771.00 1,771.00 Amount: $175.00 175.00 Amount: $113.68 113.68 Amount: $3,063.89 3,063.89 Amount: $817.16 572.94 244.22 Amount: $45.00 45.00 Amount: $375.00 375.00 Amount: $19.00 19.00 Amount: $700.00 700.00 Amount: $250.00 250.00 Amount: $54.71 54.71 Amount: $50.00 50.00 Check 113574 Date Paid: 0911712010 Mary Ruth Manthey Amount: $50.00 Inv. 100910 09/10/2010 Events Winner -Picture Plymouth photo contest 50.00 Check 113575 Date Paid:09/17/2010 Messerli & Kramer PA Amount: $236.47 Inv. 100915 09/14/2010 Employee deduction 236.47 Check 113576 Date Paid:09/17/2010 Robbinsdale Armstrong High School Amount: $500.00 Inv. 101 09/14/2010 9.25.10 POP bus transportation 500.00 Check 113577 Date Paid:09/17/2010 Jon Schwellenbach Inv. 100910 09/10/2010 Pets Winner -Picture Plymouth photo contest Check 113578 Date Paid:09/17/2010 Thomas Staufenberg Inv. 100910 09/10/2010 Grand Prize -Picture Plymouth photo contest Check 113579 Date Paid:09/17/2010 Inv.100908 09/08/2010 Check 113580 Date Paid:09/17/2010 Inv. 100910 09/10/2010 Check 113581 Date Paid:09/17/2010 Inv. 1002051 09/14/2010 Check 113582 Date Paid:09/1712010 Inv. 100925 09/14/2010 Amount: $50.00 50.00 Amount: $100.00 100.00 Diane Tiegs Roussell Amount: 47.36 Sam's Club/SW congrats cake and lemonade 47.36 Tobi Tombers Amount: 50.00 People Winner -Picture Plymouth photo contest 50.00 Twin Cities Metro Pipe Band Amount: 1,000.00 9.25.10 POP performance 1,000.00 Twin Cities Unicycle Club Amount: 400.00 9.25.10 POP performance 400.00 Page 17 Page 1 of 16 9/20/2010 Check 113583 Date Paid:09/17/2010 Wayzata High School Amount: 500.00 Inv. 101 09/14/2010 9.25.10 POP bus transportation 500.00 Check 113584 Date Paid:09/17/2010 Lu Ann Weiss Amount: 50.00 Inv. 100910 09/10/2010 Nature Winner -Picture Plymouth photo contest 50.00 Check 113585 Date Paid:09/17/2010 Community Health Charities Amount: 45.00 Inv. 2010-00000241 09/17/2010 CHAR CHC - Community Health Charities 45.00 Check 113586 Date Paid:09/17/2010 Law Enforce Labor Serv./Union Amount: 1,337.91 Inv. 2010-00000242 09/17/2010 DUES POL - Police Union Dues * 1,337.91 Check 113587 Date Paid:09/17/2010 MN AFSCME Council #5 Amount: 2,703.32 Inv. 2010-00000243 09/17/2010 DUES MTCE - Maintenance Union Dues* 2,703.32 Check 113588 Date Paid:09/17/2010 MN Child Support Payment Ctr Amount: 1,641.23 Inv. 2010-00000244 09/17/2010 CHID SUP% - Child Support Percentage* 1,641.23 Check 113589 Date Paid:09/17/2010 MN Environmental Fund Amount: 17.00 Inv. 2010-00000245 09/17/2010 CHAR MN ENV - MN Enviromental Fund 17.00 Check 113590 Date Paid:09/17/2010 Open Your Heart Amount: 51.00 Inv. 2010-00000246 09/17/2010 CHAR OYH - Open Your Heart 51.00 Check 113591 Date Paid:09/17/2010 United Way Amount: 101.41 Inv. 2010-00000247 09/17/2010 CHAR UW - United Way 101.41 Total Payments: 241 Total Amount Paid: $1,028,166.23 Page 18 Page 1 of 16 9/20/2010 Date: 9/20/I0 H.M.S. Windows - Housing Assistance Payments Page: 0001 Time: 8:21:01 AM PAYMENT REGISTER -SUMMARY QNimslreports%PAYSUM.QRP Bank Account Description/Account Number Checking 3110681 Number Date Method Status Name Of Payee Total 0004314 9/I3/10 Computer Ck. Paid Oleg Sandulyak 715.00 000431S 9/13110 Computer Clc. Paid Minneapolis Public Housing Authority 2,127,60 0004316 9/13/10 Computer Ck. Paid Scott County CDA 2,117.08 Total For Bank Account Checking 4,959.68 Of Totals Transactions Computer Checks 12 4,959.68 Manual Checks 0 0.00 Direct Deposits 0 0.00 Total For Bank: $4,959.68 Total - All Bank Accounts Printed: $4,959.68 Page 19 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING SEPTEMBER 18, 2010 WHEREAS, a list of disbursements for the period ending September 18, 2010 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: M & I Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing Redevelopment Check Register Total 544,876.82 121,286.31 362,003.10 00 1,028,166.23 M & I — Housing Assistance Payments Housing & Redevelopment Authority $ 4,959.68 GRAND TOTAL FOR ALL FUNDS $ 1,033,125.91 Adopted by the City Council on September 28, 2010 Page 20 City of Plymouth Adding Qkelity to Life REGULAR COUNCIL MEETING September 28, 2010 Agenda 6.03Number: To: Laurie Ahrens, City Manager Prepared by: Jodi Bursheim, Finance Manager Reviewed by: Cal Portner, Director of Administrative Services Item: Set Public Hearing for Delinquent Accounts 1. ACTION REQUESTED: Adopt the attached resolution to set the public hearing for October 12, 2010, for delinquent accounts due to the city. 2. BACKGROUND: The city code states that all delinquent accounts shall be certified annually to the city manager who shall prepare assessment rolls providing for an assessment of the delinquencies against the respective properties serviced. The city is granted authority under Minnesota Statutes 444.075 and 429.061 to hold a public hearing to assess delinquent accounts. Per statute, the governing body may make the charges an assessment against the owner, lessee, occupant or all of them and may certify unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO SET PUBLIC HEARING FOR DELINQUENT ACCOUNTS WHEREAS, pursuant to the provision of Minnesota Statutes Sections 444.075, 429.01 and 443.015; and WHEREAS, pursuant to Plymouth City Code Sections 715.03, 720.16, 720.13, and 600.25; and WHEREAS, a determination has been made that certain charges for delinquent water, sewer, recycling, street lighting, diseased trees, weed eradication and false fire alarms call service charges have not been paid as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that a public hearing shall be held at 7:00 p.m., on the 12th day of October 2010, in the City Council Chambers of Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota to give property owners an opportunity to be heard with reference to the proposed assessment of which they received notification by mail. FURTHER BE IT RESOLVED that the City Clerk, with the assistance of the Finance Manager, shall calculate the proper amount to be assessed as provided by law, and the City Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. Approved this 28th day of September 2010. Page 2 Plymouth REGULAR COUNCIL MEETING September 28, 2010 Agenda 6 m 04Number: To: Laurie Ahrens, City Manager Prepared by: Sandra Engdahl, City Clerk Reviewed by: Cal Portner, Administrative Services Director Item: Approve Resolution Appointing Election Judges for the 2010 General Election 1. ACTION REQUESTED: Adopt the attached resolution appointing election judges for the 2010 General election. 2. BACKGROUND: Appointments of election judges are made by the City Council. The Council can appoint any individual to serve as an election judge with the exception of the following who are not qualified to be judges: 1. If the person is unable to read, write, or speak the English language; 2. If the person is a spouse, parent, child, or sibling of any election judge serving in the same precinct or of any candidate at that election; or 3. If the person is a candidate of that election. The City Council can amend the list of judges as desired. Staff will use the list of judges adopted by the Council to schedule election judges to work at the City's 25 voting precincts. 3. BUDGET IMPACT: The cost of the election judges is a budgeted line item in the elections budget. 4. ATTACHMENTS: List of 2010 Election Judges Resolution CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES FOR THE 2010 GENERAL ELECTION BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the individuals on the attached list are appointed as election judges for the 2010 General election. Last Name First Name Aleksey Linda Bachman Wayne Basil Carole Brigham Derek Busch Joyce Buskirk Bonnie Cook Paul Crea Mary Erickson Rolf Flekke Patti Fraser -Taylor Eleanor Glessing Jean Groetken Terrill Hedrix Joyce Heinzen Lois Herrmann Kathleen Johnson Susan Kinnear Suzanne Koshoshek-Winkler Amy Krueger Darwin Krueger Evangeline Lanske Bruce Lanske Phyllis Law Sam Lelivelt Mary Maas Nancy Mictech Joseph Peterson Kay Peterson Pamela Rogers Leo Rogers Lorentina Ruskanen Bette Sanderson Laun Schauer Patricia Schauer Robert Scheglowski Valentin Schmidt Pam Schroeder Joanne Sinko Terry Strauss Laura Taylor Tracey Valentine Kathy Wald Arlene Walton Betty Walton Duane Watkins Janice Weernink Lola Weernink William Approved this 28th day of September, 2010. rp)City of Plymouth Addie Quality to Life REGULAR COUNCIL MEETING September 28, 2010 1. ACTION REQUESTED: Agenda 6.05Number: To: Laurie Ahrens, City Manager Prepared by: Sandy Engdahl, City Clerk Reviewed by: Cal Portner, Administrative Services Director Item: Approve Temporary Liquor License for West Lutheran High School on October 16, 2010 Adopt attached Resolution Approving Temporary Liquor License for West Lutheran High School for their annual dinner and auction on October 16, 2010. 2. BACKGROUND: The City has received an application for a Temporary Liquor License from West Lutheran High School for their "Oktoberfest" dinner and auction on October 16. This is an annual event, and as part of their "Oktoberfest" theme, they would like to serve German wine. The event will be held from 5:00 p.m. to 10:00 p.m. The required certificate of liquor liability insurance has been provided. The Police Department has reviewed the application. 3. BUDGET IMPACT: The Temporary Liquor License is issued by Minnesota Liquor Control, but the City must approve the application by resolution. No fee is received by the City of Plymouth. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION NO. 2010- A RESOLUTION APPROVING TEMPORARY LIQUOR LICENSE FOR WEST LUTHERAN HIGH SCHOOL WHEREAS, West Lutheran High School has applied for a Temporary Liquor License for an annual event to be held on October 16 from 5:00 p.m. to 10:00 p.m. at West Lutheran High School; and WHEREAS, the required certificate of liquor liability insurance has been provided, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Temporary Liquor License application of West Lutheran High School is hereby approved for an event to be held on October 16 at West Lutheran High School. Approved this 28th day of September, 2010. Page 2 rp)City of Agenda 6 . 0 6PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician September 28, 2010 Reviewed by: Doran Cote, P.E. Director of public Works Declaring Costs and Setting Assessment Hearing 2010 Mill and Overlay Project Item: 361h Avenue — T.H. 169 to Zachary Lane (Area 1) and Nathan Lane/Old County Road 15/Revere Lane (Area 2) City Project No. 10005 1. ACTION REQUESTED: Make a motion to adopt the attached two resolutions declaring costs to be assessed, ordering preparation of proposed assessment rolls and setting the assessment public hearing for October 26, 2010, for the 2010 Mill and Overlay Project, City Project No. 10005. 2. BACKGROUND: The 2010 Mill and Overlay Project included 36th Avenue (Area - 1 located between Zachary Lane and T.H. 169) and the Nathan Lane/Old County Road 15/Revere Lane (Area - 2 located East of Saratoga Lane and South of T.H. 55). The project involved removing and replacing the wearing course, or top 2 inches, of bituminous. Some concrete driveway entrances were replaced as needed and any settled, cracked or heaved concrete curb and gutter was replaced to properly convey water to the storm sewer system. Storm sewer structures were also repaired as needed and new traffic signal loop detectors were replaced on 36th Avenue at the Trunk Highway 169 west on and off ramps and on Revere Lane south of Trunk Highway 55. 3. BUDGET IMPACT: The total project cost included in the 2010-2014 Capital Improvements Program (CIP) for both areas was $810,000. The estimated total final project cost for Area -1 is $313,707.03 and for Area - 2 is 182,859.23, resulting in a total estimated cost for the two areas of $496,566.26. The City Council has adopted a policy for financing Mill and Overlay projects with the City paying 60% and the benefiting property owners being assessed 40% of the total project cost. For this project, the policy was applied to each area separately because both have their own unique characteristics. Relating the policy to Area - 1 and the configuration of its parcels, it is proposed that approximately $32,569.44, or 10.38%, of the total project cost be assessed and that approximately 55,746.21, or 30.49%, of the total project cost for Area - 2 be assessed. 4. ATTACHMENTS: Project Location Maps Proposed Assessments Resolutions (2) Page 1 Locai n Map Area I Figure 1 2010 Mil I & Overlay Project Location 36th Avenue Area - 1 City. Project No. 10005 Page 2 Location Map Area 2 Figure 2 2010 Mill & Overlay :Project :Location Nathan Lane ITH 55Fronage,Road/Revere Lane Area 2 city :Project .No.. 10005 55 oft Page 3 APPENDIX C 2010 Mill Overlay Project FINAL ASSESSMENT ROLL - AREA 1 36th Avenue - Area 1 City Project No. 10005 Property ID lOwner 1 lOwner 2 lAddress City ITotal Front Footage A—s— bl Front Footagel Est. Assessment Asmt/unit 13-118-22-34-0074 Jane M Nyagwansa Dickson Onami 10620 36th Ave N Plymouth, MN 55441 85 85 854.45 13-118-22-34-0075 Stephen Miller Michelle Miller 10610 36th Ave N Plymouth, MN 55441 67 67 673.50 13-118-22-34-0076 Danh Ngo MI Ngo 10600 36th Ave N Plymouth, MN 55441 143 143 1,437.48 24-118-22-11-0005 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 665 665 6,684.78 24-118-22-11-0030 Sinclair Marketing 550 East South Temple Box 3825 Salt Lake City, LIT 84131 142 142 1,427.43 24-118-22-12-0001 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 660 660 6,634.52 24-118-22-21-0001 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 647 647 6,503.84 24-118-22-21-0004 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope,. MN 55427 90 90 904.71 24-118-22-21-0006 Gregory A Delapointe Julie A Delapoint 10601 36th Ave N Plymouth, MN 55441 131 131 1,316.85 24-118-22-21-0007 Plymouth Bivle Chapel 10605 36th Ave N Plymouth, MN 55441 197 197 1,980.30 24-118-22-21-0008 Bradley J Wright Joy M Wright 10505 36th Ave N Plymouth, MN 55441 80 80 804.18 24-118-22-21-0009 Todd P Listul Fawn B Listul 10515 36th Ave N Plymouth, MN 55441 150 150 1,507.84 24-118-22-22-0004 Timothy J Mccauley Rebecca A Hannan 10935 36th Avw N Plymouth, MN 55441 105 105 1,055.49 24-118-22-22-0005 Richard Abendroth 11021 36th Ave N Plymouth, MN 55441 163 163 1,638.52 All others 9158 0 0.00 12,483 3,325 32,569.44 Paee 4 O:\Engineering\PROJECTS\2010-2019\10005\Asmts\FnlAsmt_Area _10005.xlsx APPENDIX D FINAL ASSESSMENT ROLL - AREA 2 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/Revere Ln - Area 2 City Project No. 10005 JProperty ID JOwner 1 lOwner 2 IAddress Icity JTotal Front Footage Ass'bl Front Footage[—Est. Assessment 36-118-22-31-0045 City of Plymouth 248 0 0.00 36-118-22-31-0048 City of Plymouth 60 0 0.00 36-118-22-41-0014 LGA Investment Group, Inc 10700 Old Co. Rd. 15 # 15 Plymouth, MN 55441 57 57 755.84 36-118-22-41-0015 LGA Investment Group, Inc 10700 Old Co. Rd. 15 # 15 Plymouth, MN 55441 366 366 4,853.26 36-118-22-42-0011 Countryside Investment Property 410 Idaho Ave N Mpls, MN 55427 627 627 8,314.19 36-118-22-42-0016 Vincent Pope 415 Quaker Ln N Plymouth, MN 55441 166 0 0.00 3(3-118-22-43-0016 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 642 642 8,513.10 36-118-22-43-0017 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 1190 352 4,667.62 36-118-22-43-0019 Family Child Development 100 Nathan Ln N Plymouth, MN 55441 342 342 4,535.01 36-118-22-43-0020 Willow Grove Investors, LLC Willow Grove Shopping Center 8 Nathan Ln N Plymouth, MN 55441 482 482 6,391.45 36-118-22-43-0021-0201 Willow Grove Condominium 1 Assoc. 78 Units ) 585 585 7,757.26 36-118-22-44-0009 Muller Family Theatres 4940 54th St NW Maple Lake, MN 55358 253 253 3,354.85 36-118-22-44-0013-0216 Creekside Apartment Homes LLP 204 Units) 5402 Parkdale Dr # 200 St Louis Park, MN 55416 498 498 6,603.62 5,516 4,204 $55,746.21 Page 5 O:\Engineering\PROJECTS\2010-2019\10005\Asmts\FniAsmt Area _10005.xlsx 2010 Mill Overlay Project APPENDIX D-1 Nathan Ln/Hwy 55 Frontage Rd/Revere Ln - Area 2 FINAL ASSESSMENT ROLL - AREA 2 City Project No. 10005 WILLOW GROVE CONDOS Property ID Owner 1 Owner 2 Address City Est. Assessment 36-118-22-43-0021 LORI STERNER 35 NATHAN LN N # 101 PLYMOUTH, MN 55441 99.45 36-118-22-43-0022 JAMES F DETRY 35 NATHAN LN N # 102 PLYMOUTH MN 55441 99.45 36-118-22-43-0023 ELOISE SAUER 35 NATHAN LN N # 103 PLYMOUTH MN 55441 99.45 36-118-22-43-0024 ROBERT E LEE MARIE L LEE 35 NATHAN LN N # 104 PLYMOUTH MN 55441 99.45 36-118-22-43-0025 LONNY BELIVEAU 35 NATHAN LN N # 105 PLYMOUTH, MN 55441 99,45 36-118-22-43-0026 MARY L TROOP 35 NATHAN LN N # 106 PLYMOUTH, MN 55441 99.45 36-118-22-43-0027 LYNNE E GOLDBERG 35 NATHAN LN N # 107 PLYMOUTH, MN 55441 99.45 36-118-2243-0028 KAREN J HERMAN 35 NATHAN LN N # 108 PLYMOUTH, MN 55441 99.45 36-118-22-43-0029 JASON C SCHULTZ 35 NATHAN LN N # 109 PLYMOUTH, MN 55441 99.45 36-118-22-43-0030 YRMA M MACHADO COOPER 35 NATHAN LN N # 110 PLYMOUTH, MN 55441 99.45 36-118-22-43-0031 JAN B HARRISON 15694 73RD CIR N MAPLE GROVE, MN 55311 99.45 36-118-22-43-0031 DANIEL J MCDONALD NICOLE A MCDONALD 35 NATHAN LN N # 111 PLYMOUTH, MN 55441 99.45 36-118-22-43-0032 PATRICIA A FREDERICKSON 35 NATHAN LN N # 112 PLYMOUTH, MN 55441 99.45 36-118-22-43-0033 WILLOW GROVE CONDOMINIUM I ASSOC 4100 W 50TH ST EDINA, MN 55424 99.45 36-118-22-43-0034 PATRICIA J JAPS 35 NATHAN LN N # 114 PLYMOUTH, MN 55441 99.45 36-118-22-43-0035 EFREM MISHEER 10350 CRESTRIDGE DR MINNETONKA, MN 55305 99.45 36-118-22-43-0036 SHIRLEY A BARTH 35 NATHAN LN N # 116 PLYMOUTH MN 55441 99.45 36-118-22-43-0037 BETTE J JENSEN 35 NATHAN LN N # 117 PLYMOUTH, MN 55441 99.45 36-118-2243-0038 MIKHAIL GITERMAN ANNA & ALEKSANDR GITERMAN 35 NATHAN LN N # 118 PLYMOUTH MN 55441 99,45 36-118-2243-0038 YAKOV GITERMAN 6923 EDENVALE BLVD EDEN PRAIRIE, MN 55346 99,45 36-118-22-43-0039 JAMES J FERNHOLZ DARLENE K FERNHOLZ 24 SUN AIR BLVD E HAINES CITY, FL 33844 99.45 36-118-22-43-0040 NENA L JOHANSEN ERIC R JOHANSEN 3411 MILTON ST N SHOREVIEW, MN 55126 99.45 36-118-22-43-0041 DONALD FELKNOR BEVERLY FELKNOR 35 NATHAN LN N # 121 PLYMOUTH, MN 55441 99.45 36-118-22-43-0042 JOAN M PECK 35 NATHAN LN N # 122 PLYMOUTH, MN 55441 99.45 36-118-22-43-0043 WILLIAM SVERKERSON CATHERINE SVERKERSON 35 NATHAN LN N # 123 PLYMOUTH MN 55441 99.45 36-118-22-43-0044 MICHAEL P KIELTY ESTHER A BERMAN KIELTY 35 NATHAN LN N # 124 PLYMOUTH, MN 55441 99.45 36-118-22-43-0045 EDWARD W NYGAARD 35 NATHAN LN N # 125 PLYMOUTH MN 55441 99.45 36-118-22-43-0046 THOMAS W HUTTON SHERRYL A HUTTON 35 NATHAN LN N # 126 PLYMOUTH, MN 55441 99.45 36-118-22-43-0047 KAREN AHLMAN JODY HALVORSON, JULIE SORENSON 35 NATHAN LN N # 201 PLYMOUTH, MN 55441 99.45 36-118-22-43-0047 JODY HALVORSON 9203 OVERLOOK LN CHAMPLIN, MN 55316 99.45 36-118-22-43-0047 JULIE SORENSEN 2160 AQUILA AVE N GOLDEN VALLEY, MN 55427 99.45 36-118-22-43-0048 LOIS G CASSEL 35 NATHAN LN N # 202 PLYMOUTH, MN 55441 99.45 36-118-22-43-0049 BRENDA M PAPKE 35 NATHAN LN N # 203 PLYMOUTH, MN 55441 99.45 36-118-22-43-0050 ELLEN C HALE 35 NATHAN LN N # 204 PLYMOUTH, MN 55441 99.45 36-118-22-43-0051 DOROTHY 0 NELSON 35 NATHAN LN N # 205 PLYMOUTH MN 55441 99.45 36-118-22-43-0052 MATVEY GEZUNTERMAN 35 NATHAN LN N # 206 PLYMOUTH, MN 55441 99.45 36-118-22-43-0053 OTTO J OLSON FAYE A OLSON 35 NATHAN LN N # 207 PLYMOUTH MN 55441 99.45 36-118-22-43-0054 PEARL G GROSSMAN 35 NATHAN LN # 208 PLYMOUTH, MN 55441 99.45 36-118-22-43-0055 MERLYN R FLAATA CAROL M FLAATA 35 NATHAN LN N # 209 PLYMOUTH MN 55441 99.45 36-118-2243-0056 RUTH C JOHNSON 10416 WESTWOOD LN SW NISSWA, MN 56468-2036 99.45 36-118-22-43-0056 KRISTEN M JOHNSON ELIZABETH A JOHNSON 35 NATHAN LN N # 210 PLYMOUTH MN 55441 Page 09.45 2010 Mill Overlay Project APPENDIX D-1 Nathan Ln/Hwy 55 Frontage Rd/Revere Ln - Area 2 FINAL ASSESSMENT ROLL - AREA 2 City Project No. 10005 WILLOW GROVE CONDOS Property ID Owner 1 Owner 2 Address City Est. Assessment 36-118-22-43-0057 CAROL J IVERSON 35 NATHAN LN N # 211 PLYMOUTH, MN 55441 99.45 36-118-22-43-0058 ILYA LYACHOVSKY MAYA LYACHOVSKY 35 NATHAN LN N # 212 PLYMOUTH, MN 55441 99.45 36-118-22-43-0058 MARK LYACHOVSKY 35 NATHAN LN N # 212 PLYMOUTH, MN 55441 99.45 36-118-22-43-0059 DMITRI SMIRNOV ELENA S PEKUROVSKY 5915 SCENIC HEIGHTS LN MINNETONKA, MN 55045 99.45 36-118-22-43-0060 LYUDMILA A KATAYEVA 35 NATHAN LN N # 214 PLYMOUTH, MN 55441 99.45 36-118-22-43-0061 ALISON N BELL 35 NATHAN LN N # 215 PLYMOUTH, MN 55441 99.45 36-118-2243-0062 KAREN L GATES 35 NATHAN LN N # 216 PLYMOUTH, MN 55441 99.45 36-118-22-43-0063 PATRICIA J MCGRAIL 35 NATHAN LN N # 217 PLYMOUTH MN 55441 99.45 36-118-22-43-0064 SHANNON L MCFARLANE 35 NATHAN LN N # 218 PLYMOUTH, MN 55441 99.45 36-118-22-43-0065 JONATHAN WAMBEKE 35 NATHAN LN N # 219 PLYMOUTH, MN 55441 99.45 36-118-22-43-0066 MARY M FRICKE 35 NATHAN LN N # 220 PLYMOUTH, MN 55441 99.45 36-118-22-43-0067 AMY C GILLESPIE 35 NATHAN LN N # 221 PLYMOUTH, MN 55441 99.45 36-118-22-43-0068 PAVEL VASSERMAN ADA VASSERMAN 35 NATHAN LN N # 222 PLYMOUTH, MN 55441 99.45 36-118-22-43-0069 NANCY A ENGEL 35 NATHAN LN N # 223 PLYMOUTH MN 55441 99.45 36-118-22-43-0070 BONNIE G HALL 35 NATHAN LN N # 224 PLYMOUTH, MN 55441 99.45 36-118-22-43-0071 ORIN R ANDERBERG KATHLEEN N ANDERBERG 35 NATHAN LN N # 225 PLYMOUTH MN 55441 99.45 36-118-22-43-0072 MARGARET A TAYLOR 35 NATHAN LN N # 226 PLYMOUTH, MN 55441 99.45 36-118-22-43-0073 YURIY YESILEVSKIY ESFIR EYVINA 35 NATHAN LN N # 301 PLYMOUTH, MN 55441 99.45 36-118-22-43-0074 JOAN H ERICKSON 35 NATHAN LN N # 302 PLYMOUTH, MN 55441 99.45 36-118-22-43-0075 MARION M USSET 35 NATHAN LN N # 303 PLYMOUTH MN 55441 99.45 36-118-22-43-0076 RAGIUM MAMEDOV IRINA ZABORIEVA 12425 JAMES RD MINNETONKA, MN 55345 99.45 36-118-22-43-0076 ELENA ZABORIEVA 35 NATHAN LN N # 304 PLYMOUTH, MN 55441 99.45 36-118-22-43-0077 CAROLYN S LARSON 35 NATHAN LN N # 305 PLYMOUTH, MN 55441 99.45 36-118-22-43-0078 CHARLES K BANKS 35 NATHAN LN N # 306 PLYMOUTH, MN 55441 99.45 36-118-22-43-0079 CATHERINE M HARTTEN 35 NATHAN LN N # 307 PLYMOUTH MN 55441 99.45 36-118-22-43-0080 RAYMOND TREMBLAY 35 NATHAN LN N # 308 PLYMOUTH MN 55441 99.45 36-118-22-43-0081 MARY M MALLORY MARY M MALLORY TRUST DTD 3/14/06 35 NATHAN LN N # 309 PLYMOUTH, MN 55441 99.45 36-118-22-43-0082 GEORGIA M OLSON 35 NATHAN LN N # 310 PLYMOUTH, MN 55441 99.45 36-118-22-43-0082 CAROL K BAKER BRYCE BAKER 3620 HAMILTON AVE DEEP HAVEN, MN 55391 99.45 36-118-22-43-0082 PARKER R OLSON 2208 SHERWOOD CT MINNETONKA, MN 55305 99.45 36-118-22-43-0083 ALICE C NELSON 35 NATHAN LN N # 311 PLYMOUTH, MN 55441 99.45 36-118-22-43-0084 ROBERT GELINAS PHYLLIS GELINAS 1641 MELROSE ST LOUIS PK, MN 55426 99.45 36-118-22-43-0085 GALINA GITELMAN SHULIM GITELMAN 35 NATHAN LN N # 313 PLYMOUTH MN 55441 99.45 36-118-22-43-0086 MARY K KAUFEN BERG 35 NATHAN LN N # 314 PLYMOUTH, MN 55441 99.45 36-118-22-43-0087 DONALDA M BROWNSON 35 NATHAN LN N # 315 PLYMOUTH MN 55441 99.45 36-118-22-43-0088 AMY S ROERING WILLIAM J COBIAN 35 NATHAN LN N # 316 PLYMOUTH, MN 55441 99.45 36-118-22-43-0089 LEONARD JENSEN 35 NATHAN LN N # 317 PLYMOUTH MN 55441 99.45 36-118-2243-0090 JOHN W WILLS ADELLE D WILLS 35 NATHAN LN N # 318 PLYMOUTH, MN 55441 99.45 36-118-22-43-0091 MARK STIPAKOV BELLA STIPAKOV 2020 SALEM CT LONG LAKE, MN 55356 99.45 36-118-22-43-0091 JOSHUA STIPAKOV 35 NATHAN LN N # 319 PLYMOUTH, MN 55441 99.45 36-118-22-43-0092 STEVEN K AHOLA 35 NATHAN LN N # 320 PLYMOUTH MN 55441 Page X9.45 2010 Mill Overlay Project APPENDIX D-1 Nathan Ln/Hwy 55 Frontage Rd/Revere Ln - Area 2 FINAL ASSESSMENT ROLL - AREA 2 City Project No. 10005 WILLOW GROVE CONDOS Property ID Owner 1 Owner 2 Address City Est. Assessment 36-118-22-43-0093 SANDRA C CARTER 35 NATHAN LN N # 321 PLYMOUTH MN 55441 99.45 36-118-22-43-0094 ROBERT JOHNSON RUTH JOHNSON 18625 29TH AVE N PLYMOUTH MN 55441 99.45 36-118-22-43-0095 SUSAN M KOERING 35 NATHAN LN N # 323 PLYMOUTH MN 55441 99.45 36-118-22-43-0096 ELIZABETH V ULBERG 35 NATHAN LN N # 324 PLYMOUTH MN 55441 99.45 36-118-2243-0097 DON J MEIHOST 35 NATHAN LN N # 325 PLYMOUTH MN 55441 99.45 36-118-2243-0098 ALEKSANDR M GITERMAN 35 NATHAN LN # 118 PLYMOUTH MN 55441 99.45 Page 8 APPENDIX D-2 FINAL ASSESSMENT ROLL - AREA 2 CREEKSIDE CONDOS 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/revere Ln - Area 2 City Project No. 10005 Property ID 10wner 1 10wner 2 JAUdress ity Est. Assessment 36-118-22-44-0013 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0014 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0015 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0016 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0017 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0018 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0019 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0020 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0021 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0022 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0023 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0024 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0025 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0026 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0027 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0028 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0029 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0030 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0031 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0032 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0033 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0034 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0035 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0036 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0037 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0038 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0039 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0040 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0041 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0042 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0043 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0044 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0045 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0046 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0047 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0048 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0049 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0050 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0051 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0052 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0053 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0054 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0055 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 p .7 APPENDIX D-2 FINAL ASSESSMENT ROLL - AREA 2 CREEKSIDE CONDOS 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/revere Ln - Area 2 City Project No. 10005 roperty ID 10wner 1 10wner 2 Address JURY Est. Assessment 36-118-22-44.0056 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0057 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0058 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0059 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0060 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0061 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0062 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0063 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0064 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0065 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0066 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0067 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0068 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0069 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0070 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22.44-0071 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0072 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0073 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0074 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0075 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0076 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0077 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44.0078 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0079 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0080 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0081 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0082 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0083 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0084 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0085 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0086 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0087 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0088 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0089 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0090 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0091 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0092 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0093 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0094 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0095 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0096 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0097 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0098 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 Pag*34W APPENDIX D-2 FINAL ASSESSMENT ROLL - AREA 2 CREEKSIDE CONDOS 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/revere Ln - Area 2 City Project No. 10005 Property ID 10wner 1 10wner 2 IAddress icity I Est. Assessment 36-118-22-44-0099 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0100 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0101 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0102 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0103 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0104 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0105 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0106 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0107 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0108 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0109 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0110 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0111 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0112 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0113 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0114 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0115 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0116 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0117 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0118 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0119 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0120 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0121 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36.118-22-44-0122 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0123 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0124 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0125 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0126 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0127 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0128 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0129 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0130 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0131 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0132 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0133 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0134 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0135 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0136 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0137 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0138 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0139 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0140 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0141 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 Pagp,17 APPENDIX D-2 FINAL ASSESSMENT ROLL - AREA 2 CREEKSIDE CONDOS 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/revere Ln - Area 2 City Project No. 10005 Property ID 10wner 1 caner 2 Address Icity I Est. Assessment 36-118-22-44-0142 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0143 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0144 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0145 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0146 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0147 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0148 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-2244-0149 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0150 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0151 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0152 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0153 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0154 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0155 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0156 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0157 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0158 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0159 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0160 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0161 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0162 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0163 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0164 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0165 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0166 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0167 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0168 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0169 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0170 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0171 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0172 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0173 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0174 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0175 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0176 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0177 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0178 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0179 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0180 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0181 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0182 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0183 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0184 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 Pag%m 3z APPENDIX D-2 FINAL ASSESSMENT ROLL - AREA 2 CREEKSIDE CONDOS 2010 Mill Overlay Project Nathan Ln/Hwy 55 Frontage Rd/revere Ln - Area 2 City Project No. 10005 Property ID 10wner 1 10wner 2 JAddress JURY Est. Assessment 36-118-22-44-0185 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0186 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0187 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0188 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0189 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0190 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0191 CREEKSIDE APARTMENT HOMES LLP . 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0192 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0193 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0194 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0195 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0196 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0197 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0198 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0199 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0200 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0201 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0202 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0203 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0204 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0205 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0206 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0207 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0208 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0209 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0210 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0211 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0212 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR# 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0213 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0214 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0215 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 36-118-22-44-0216 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.37 Page 13 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL 2010 MILL AND OVERLAY PROJECT CITY PROJECT N0. 10005 WHEREAS, bids were received for the improvement of 36th Avenue (Area - 1 located between Zachary Lane and T.H. 169) and the Nathan Lane/Old County Road 15/Revere Lane Area - 2 located East of Saratoga Lane and South of T.H. 55), by bituminous resurfacing of the street, replacement of concrete curb and gutter, driveway entrance repair, repairs to utility structures, traffic signal loop detectors and all necessary appurtenances, and the contract price for such improvement is $431,429.00. Expenses incurred or to be incurred in the making of said improvement amount is $65,137.26, so that the total cost of the improvement will be 496,566.26. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City of Plymouth is hereby declared to be $408,250.61 and the portion of the cost to be assessed against benefited property owners is declared to be $88,315.65. 2. Assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2010, and shall bear the interest rate of 2.57 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office for public inspection. 4. The Clerk shall upon completion of such proposed assessment notify the City Council thereof. Approved this 28nd day of September, 2010 Page 14 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT 2010 MILL AND OVERLAY PROJECT CITY PROJECT N0. 10005 WHEREAS, by a resolution passed by the City Council on September 28, 2010, the City Clerk was directed to prepare a proposed assessment of the cost of improving 36th Avenue (Area - 1 located between Zachary Lane and T.H. 169) and the Nathan Lane/Old County Road 15/Revere Lane (Area - 2 located East of Saratoga Lane and South of T.H. 55), by bituminous resurfacing of the street, replacement of concrete curb and gutter, driveway entrance repair, repairs to utility structures, traffic signal loop detectors and all necessary appurtenances; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A hearing shall be held on the 26t" day of October, 2010 in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Approved this 28" d day of September, 2010 Page 15 rp) City of Plymouth Adding Quality to Life Agenda 6.07Number: To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer September 28, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Accepting Streets for Continual Maintenance Item: wood Crest of Plymouth (2008042) 1. ACTION REQUESTED: Adopt the attached resolution accepting the streets for the Wood Crest of Plymouth development 2008042). 2. BACKGROUND: We have received a request 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. The funds the City would retain are for the required warranty period for the streets. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Location Map Resolution Page 1 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION ACCEPTING STREETS FOR CONTINUAL MAINTENANCE FOR WOOD CREST OF PLYMOUTH (2008042) WHEREAS, in accordance with the development contract dated September 4th, 2008, Wood Crest Development of Plymouth, LLC, developer of Wood Crest of Plymouth (2008042), 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 remain as follows: That the required financial guarantee, Letter of Credit No. 102, for the above items will remain at $295,360. Page 3 ORIGINAL CURRENT NEW ITEM AMOUNT AMOUNT AMOUNT Street Construction (Includes Turnaround 547,633 137,000 137,000 Bypass Lane) Sanitary Sewer 99,920 24,980 24,980 Private Sanitary Sewer Liftstation & 110,000 0- 0- Forcemain Watermain 206,624 51,656 51,656 Storm Sewer 92,494 23,124 23,124 Boulevard and Drainage Swale Sod 11,000 3,500 3,500 Trail Improvements 2,860 0- 0- Street & Traffic Control Signs 1,400 1,400 1,400 Sidewalk Improvements 68,432 17,000 17,000 Buffer Posts 1,100 0- 0- Site Grading and Drainage Improvements 388,580 20,000 20,000 Setting Iron Monuments 14,400 0- 0- Street Lights 9,000 0- 0- Design, Administration, Inspection, As- 186,413 16,700 16,700 Builts TOTAL 1,739,856 295,360 295,360 That the required financial guarantee, Letter of Credit No. 102, for the above items will remain at $295,360. Page 3 Resolution No. 2010 - 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: ITEM Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning Cash Letter of Credit No. 103 ORIGINAL CURRENT AMOUNT AMOUNT 1,000 $ 1,000 22,855 $22,855 FURTHER BE IT RESOLVED that the streets are accepted for continuous maintenance as of September 28, 2010 subject to the one-year guarantee by the Developer per Letter of Credit No. 102. Approved this 28th day of September, 2010. Page 4 rp)City of Agenda 6 . O 8PlymouthNumber: v Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Helen LaFave, Communications Manager September 28, 2010 Reviewed by: Cal Portner, Administrative Services Director Item: Authorize Chambers Renovation Design/Specification Services 1. ACTION REQUESTED: Approve the attached resolution authorizing staff to enter into a contract with Elert & Associates to provide design, specification and project oversight services for the renovation of the audio-visual and cable television components of the council chambers. 2. BACKGROUND: The proposed 2011 Capital Improvement Project includes a project to renovate the city council chambers. The project will upgrade the audio-visual and cable television system used to televise city meetings, and provide some accompanying room modifications to accommodate technology and improve overall on -air quality. The last overhaul of the system was in 1996. In those 14 years, technology has changed significantly. The equipment has long surpassed its expected life and it is at the point in which the equipment is failing and it is difficult to find replacement parts. The audio visual overhaul will be funded by grant money provided by the Northwest Cable Communications Commission. These grants are not tax dollars, but instead originate from the franchise fee paid by the cable company to support community access programming. Our grants have been placed in a reserve fund in anticipation of the renovation. Entering into the design contract with Elert & Associates is the first step in the renovation project. Elert & Associates is a pre -approved consultant for the Hennepin County, Ramsey County, Minnesota State Colleges & Universities, the University of Minnesota and the State of Minnesota. Any city or county can utilize the state contract to procure services. Northwest Community Television has worked with Elert on similar projects in Brooklyn Park, New Hope as well as many other cities, school districts and other organizations nationwide. 3. BUDGET IMPACT: The proposal from Elert came in at $47,000. 4. ATTACHMENTS: Proposal from Elert & Associates Resolution Authorizing Staff to Execute an Agreement with Elert & Associates Page 1 elert & associates technology consultants N City of Plymouth, Minnesota City Council Chambers Renovation Design/Specification Services August 11, 2010 Prepared by: Will Craig, CTS -D, CDT ELERT & ASSOCIATES 651) 430-2772 www.clert.com page 2/7 Page 2 elect & associates technology consultants 94 Phase One: Needs Assessment & Programming Phase begins upon award ofproject. Two onsite visits will be made during this phase. Task 1: Meet with city staff & to discuss architectural program for room with audio/visual requirements. Discuss detailed requirements for functionality, ease-of-use, flexibility, and system capabilities. Elert & Associates will lead discussion and provide best practices input from recent and current similar projects. E&A will discuss with users the implications of each available technology and how it affects the users/participants as well as implications for room design and construction. E&A's partner architects will provide guidance from a room design and construction standpoint. Task 2: Deliver written program report/narrative that documents user input and requirements, Elert Associates' recommendations for meeting these requirements, and probable cost estimates for budgetary purposes. This will supplement and expand upon the narratives and cost estimates already provided to the City. Task 3: Meet with staff, architects, and/or city council to present/discuss program document and make changes as required. The final program document and approved budget estimate will be the basis of the design. Phase Two: Schematic & Infrastructure Design Task 1: Elert & Associates will develop coordination notes for the design/construction of the room, to include: 99 Display locations & wiring requirements 9+ Electrical requirements for audiovisual and related equipment FA Conduit provisioning for audiovisual and related equipment FA Location of floor- and wall -boxes for audiovisual and related equipment 1h Ceiling height & soffit locations FA Optimal lighting (foot-candles, color temperature, and switching) F+ Wall colors & patterns (for rooms where cameras may be located) FA Wood finishes for casework and custom furniture FA Acoustical requirements for HVAC and reverberation/echo FA Sightline studies for intended camera and display locations Task 2: We are anticipating that the dais desk, podiumAcetern and staff table furniture are going to remain as -is. Significant design for these elements would be subject to additional fee. page 3/7 Page 3 elert & associates technology consultants 94 Phase Three: Detail Design & Specification Phase begins when the program document has been approved in writing by the City's project manager, and when chambers is six months or Less from opening. This may coincide with Phase Two. Task 1: Develop detailed equipment lists and drawings, with estimated costs being tracked to ensure compliance with original estimated budget. Task 2: Issue two construction document packages: one for the physical renovation of the room, including architectural interior work and electrical, and one for technology systems. Task 3: Assist the City with bidding the packages, in terms of pre-bid meetings, issuing addenda, and review of bids/proposals. Task 4: After reviewing the bids/proposals, Elert & Associates will submit a written recommendation for award. If there are alternates or options that need to be negotiated in order to finalize a purchase contract, Elert & Associates will assist with these as well. Elert & Associates will present recommendation to the Council. Phase Four: Contract Administration Task 1: Meet with the selected technology and general contractors and City of Plymouth staff to introduce project team members (architect, general contractor, electrical contractor, etc.), review preconstruction submittal requirements, and discuss any foreseeable problems with the worksite, schedule, product availability, or room availability. E&A will establish lines of communication and provide a schedule for critical dates for submittals and coordination of work. Task 2: Elert & Associates requires extensive preconstruction submittals and shop drawings from all audiovisual contractors on all projects. These can include, depending on the specific nature of the project: FA Block diagrams with connector and wire labeling/number detail F+ Connector panel layouts with engraving and placement detail FA Rack elevation drawings FA Riser diagrams 9 Detail for equipment mounting hardware F+ Final plan drawing for equipment locations All shop drawings are reviewed for completeness, accuracy, and efficacy. Drawings are sent back to contractors with written notes requesting revisions where necessary. Once final submissions arc approved, installation crews are required to have copy of approved as -built drawings on-site and with them at all times during on-site work. Task 3: Monitor weekly progress reports from contractors and provide input to help keep them on schedule. page 4/7 Page 4 elect & associates technology consultants E4 Task 4: Process and validate contractor payment applications, based on the value of equipment and labor completed, less the designated withholding. Task 5: Track and respond to all RFIs, CRs, and change orders to ensure that contract paperwork receives all necessary signatures and that changes are kept to the necessary minimum, particularly in terms of cost and time. Task b: Substantial completion inspection and punch -list: Ensure that all aspects of the specification are met, including: IN Presence of all specified equipment in required quantities fA Use of authorized hardware, cables, and connectors CA Verification of required submitted test data 1 11 Checks of all system inputs and outputs FA Integrated control system programming FA Closeout submittals, including as -built drawings, training materials, and equipment manuals, are complete and in the required formats. FA All serial numbers have been recorded and turned over. N Satisfactory training and quick -reference material is provided to end-users. Task 7: Inspect and verify that all punch -list items have been completed and deliver contractor closeout documentation to the City. page 5/7 Page 5 elert & associates technology consultants _" Project Team In order to provide a turn -key design and contract administration package for the City of Plymouth, Elert & Associates will retain the services of an architecture firm and an engineering firm. By bringing these team members together, we will achieve a greater level of coordination and integration than would normally be achieved by the City contracting separately for these services. The Electrical/Mechanical engineering firm we will use is LKPB Engineers Inc. Elert & Associates has worked closely with LKPB on dozens of past projects, including the lighting changes at City of Brooklyn Park. For architecture, Elert & Associates is presenting two options to the City for the city's selection: Cuningham Group, and Meyer Scherer & Rockcastle (MS&R). E&A has worked closely with both firms on many past projects and we have selected them based on their demonstrated ability to provide great -looking interior environments that also work well with technology. We are looking for the City's direction as far as which firm we should contact with. Project Fees Professional fees for the project will be billed on a monthly basis, based on percent complete by phase. Total professional fees will not exceed $47,000.00, including reimbursable expenses. Fees are based on the level of project work and complexity described in our June 30, 2010 assessment/estimate. Design requests that exceed the projected project budget may be subject to additional design fee. page 6/7 Page 6 CITY OF PLYMOUTH RESOLUTION N0. 2010- A RESOLUTION AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH ELERT Et ASSOCIATES FOR COUNCIL CHAMBERS RENOVATION DESIGN/SPECIFICATION SERVICES WHEREAS, the city council chamber's audio-visual and cable television system was last overhauled in 1996; and WHEREAS, the existing audio-visual and broadcast equipment is in a rapidly failing condition and replacement parts are difficult to procure or are no longer available; and WHEREAS, technological advances have changed significantly since the last equipment upgrade and installation. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, to accept the results of the proposal from Elert & Associates and authorize staff to enter into a contract for design/specification services for the council chambers renovation. Adopted this 28`h day of September 2010. Page 7 rp)City of Agenda 6 . 0 9PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Joshua Doty, Senior Planner September 28, 2010 Reviewed by: Barbara Senness, Planning Manager, and Steve Juetten, Community Development Director Approve a preliminary and final plat to consolidate a city -owned parcel into two residential parcelsItem: located at the northwest corner of Xenium Lane and Sunset Trail (2010071) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a preliminary and final plat for "Bremer 2nd Addition" to consolidate a city -owned parcel into two residential parcels located at the northwest corner of Xenium Lane and Sunset Trail, as recommended by the Planning Commission. Approval of the preliminary and final plat requires a 4/7 vote of the City Council. 2. BACKGROUND: According to the Warranty Deed, the city -owned parcel was acquired for $1.00 in 1983 for the construction of CSAH 61 (Xenium Lane). The city undertook the project for the county. According to the agreement with Hennepin County, the city was to provide the county with the easements and right-of-way necessary for the ongoing maintenance of the road. As part of the project, security fencing and berming was provided at the project limits. The area of the property outside the fencing has since been maintained by the adjacent property owners. On September 15, 2010, the Planning Commission conducted the public hearing, and subsequently voted unanimously to recommend approval of "Bremer 2nd Addition." Other than the applicant, no one requested to speak on the matter. The Planning Commission asked for clarification if the city -owned property could develop as a single family property. Staff responded that the property is not large enough to be developed with a single family home. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper and mailed to all property owners within 750 feet of the site. Development signage remains on the site. 3. BUDGET IMPACT: Not applicable. Page 1 File 2010071 Page 2 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Resolution Approving Preliminary and Final Plat Page 2 Draft Minutes City of Plymouth Planning Commission Meeting September 15, 2010 MEMBERS PRESENT: Chair James Davis, Commissioners Nathan obinson, Gordon Petrash, Scott Nelson, and Erik Aamoth. MEMBERS ABSENT: Commissioners Dick Kobussen and MarcXnderson STAFF PRESENT: Senior Planner Shawn Drill, Senior anner Joshua Doty, Public Works Director Doran Cote and Office Support Representative J ice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGEKDA MOTION by Commis 'oner Robinson, seconded by Commissioner Petrash, to approve the September 15, 2010 angling Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONS T AGENDA A. 'PROVAL OF THE AUGUST IS, 2010 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the August 18, 2010 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2010071) Chair Davis introduced the request by the City of Plymouth for a preliminary plat for Bremer 2nd Addition located at the northwest corner of Xenium Lane and Sunset Trail. Senior Planner Doty gave an overview of the staff report. Commissioner Nelson asked if there has been any feedback from the homeowners. Senior Planner Doty said the homeowners are supportive. Commissioner Aamoth asked what standard were used to review this unique situation. Page 3 Draft Planning Commission Minutes September 15, 2010 Page 2 Senior Planner Doty sa id that staff reviewed the application based on the zoning ordinance standards for lot area, width, and setbacks, but did not review the application based on the subdivision regulations. Chair Davis asked if the lot was not big enough to stand on its own. Senior Planner Doty answered that the lot is not big enough to develop as a single family property. Chair Davis introduced Public Works Director Doran Cote who clarified the new right-of-way line was reviewed by Hennepin County. He said the current property owners have been involved from the beginning, and had to sign the plat application. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Nelson, seconded by Commissioner Petrash, to approve the request by the City of Plymouth for a preliminary plat for Bremer 2"d Addition located at the northwest corner of Xenium Lane and Sunset Trail. Roll Call Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Davis, without objection, to adjourn the meeting at 7:13 p.m. Page 4 Agenda Number File 2010071 6,6Av PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Joshua Doty (509-5453) through Barbara Senness, Planning Manager MEETING DATE: September 15, 2010 APPLICANT: City of Plymouth PROPOSAL: Preliminary Plat to consolidate a city -owned property into two residential properties LOCATION: 300 and 302 Zinnia Lane GUIDING: LA -2, Living Area 2 ZONING: RSF-2, Single Family Detached 2 DESCRIPTION OF REQUEST: The City of Plymouth is requesting approval of a preliminary plat for Bremer 2°d Addition to consolidate a city -owned property into two residential properties. Typically, a preliminary plat application includes a proposal for development. In this case, the city is requesting to consolidate and dedicate excess city property to the adjacent properties. There is no development or construction proposed. Consequently, staff did not review the request against the standards used for a typical subdivision. Notice of the request was published in the Official Newspaper and mailed to all property owners within 750 feet of the site. The notification map is attached. Page 5 File No. 2010071 Page 2 CONTEXT: Surrounding Land Use and Zoning Adjacent Land Use Guiding Zoning Noxth Single Family Homes LA -2 RSF-2 R ast Single Family Homes LA -1 RSF-1 South 15, cross Medina Road) Single Family Homes LA -2 RSF-2 West Across Brockton Lane) Single Family Homes LA -2 RSF-2 Previous Actions Affecting Sites The single family home located at 300 Zinnia Lane was constructed in 1990. The single family home located at 302 Zinnia Lane was constructed in 1960. Natural Characteristics of Site The properties are located in the Bassett Creels drainage district. There are no wetlands on the property. The lots are not located in a floodplain. The lots contain mature trees and are subject to tree preservation, however, no trees are being removed. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a preliminary plat is limited to whether or not the proposed subdivision meets the applicable standards outlined in the subdivision regulations and zoning ordinance. If it meets these standards, the city must approve the preliminary plat. PROPOSAL: The City of Plymouth is proposing to consolidate an existing city property (totaling .75 acres) into two existing single family properties. The city would also dedicate a portion of the .75 -acre property as right-of-way for Xenium Lane. Staff has found that the subject city property is larger than what is needed for right-of-way for Xenium Lane. Therefore, the city is requesting the preliminary plat to clean up the lot line ailangement and allow for the dedication of land to the adjacent properties and right-of-way. Specifically, the city would dedicate: 1) .21 acres to 300 Zinnia Lane; 2) .26 acres to 302 Zinnia Lane; and 3) .28 acres as right-of-way for Xenium Lane North. Even though no development is proposed, this request must meet the regulations in section 21350 of the zoning ordinance (the RSF-2 district). Staff used these standards to review the application as follows. Page 6 File No. 2010071 Page 3 Subdivision and Zoning Re uirements Required Proposed Meets Re uirements? Lot Arrangement 300 Zinnia Lane Lot Width Min. 80 feet 85 feet Yes Lot Area Min. 12,500 sq. ft. 25,000 sq. ft. Yes 302 Zinnia Lane Lot Width Min. 80 feet 154 feet Yes Lot Area Min. 12,500 sq. ft. 29,510 sq. ft. Yes Setbacks 300 Zinnia Lane Front (Zinnia Lane) Min. 25 feet 35 feet Yes Front (Sunset Trail) Min. 25 feet 44 feet Yes Front (Xeniurn Lane) Min. 50 feet 114 feet Yes Side Min. 10 feet 21 feet Yes 302 Zinnia Lane Front (Zinnia Lane) Min. 25 feet 50 feet Yes Front (Xenium Lane) Min. 50 feet 120 feet Yes Side Min. 10 feet 15 feet Yes RECOMMENDATION: Community Development Department staff recommends approval of the request, subject to the conditions in the attached resolution. ATTACHMENTS: 1. Draft Resolution Approving the Preliminary Plat 2, Location Map 3. Notification Area Map 4. Aerial Photo 5. Site Graphics PACommDev\STAFFREAP0201012010071-Bremer2ad-PP FP.docx Page 7 Location Map - 2010071 Legend C, Comercial City of Plymouth F-M CC, City Center Consolidate Three Lots into Two Lots Co, Commercial Office 300 and 302 Zinnia Lane IP, Planned Industrial 0 LA-1, Living Area 1 Request for Preliminary and Final Plat 0 LA-2, Living Area 2 LA-3, Living Area 3 LA-4, Living Area 4 Dcity LA-R1 LA-R2 Of LA-R3 Plymouth, Minnesota 0 LA-R7 P-I, Public/Semi-Public/Institutional 300 150 0 300 600 900 Feet Page 8 Mailing Label Map Parcels Within 750 feet N J Parcels Text Street Names (ROW) 0.2 0 0.2 0.4 Mlles age ignfraYViQ. LEGEND S5'6Fr.._ _ • `,'.i', .'F 1 f •IOLrIpM1ltrWliM W I YIAI[RMAIN .____CA°FAILViIInE YI MONrcMENI °-->9xxllnnv wawa-•-•-•- SavanGllnE Sa0mp'Tg• tir51. 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HtnnaPln Cpunq Hamdkc Er: xwa I Ig Id I 0 S. 7., J g0544 1'VE R.,fil3Z'u 1 y 1 OMINAOF ANE IRLLN EASEMENTSARE SHOWN 1X115; 1 Irvanosuul tor ~I 0 DENM511210 EIYSI1NCYIVIONAtONIIbiPNrSR ,.r. ANO MAXNEOflY dCEN5E N0, n16E1. +'y{{{ui 1ENOTES IIS INCH IPON MONGMkN FCu NO. I prnlN wlmx JN wmxrPnfx IuP xpIa4TPp.NPr,Pi01M NG W] UNL. AYP 10 PNSAoI011nlxo b-1— wvtgnrsen•avn flFnxINOSSYMAI IHdVbN ISA—MEP nA PA.r. o m sP PE MNRA, INC. PI GINEEXNC3, PLANNIYO BLALF IN PFer AND I. AND SURVEYING Page 12 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT FOR BREMER 2ND ADDITION TO CONSOLIDATE A CITY -OWNED PROPERTY WITH TWO RESIDENTIAL PROPERTIES LOCATED AT 300 ZINNIA LANE AND 302 ZINNIA LANE (2010071) WHEREAS, City of Plymouth has requested approval of a preliminary and final plat to consolidate a city -owned property with two residential properties located at 300 Zinnia Lane and 302 Zinnia Lane, and WHEREAS, the properties are legally described as follows: Lots 1 and 2, Block 1, Bremer Addition, Hennepin County, Minnesota, and that part of the Southwest quarter of Section 34, Township 118, Range 22, Hennepin County, Minnesota described as follows: Commencing at a point in the West line of the Southeast quarter of the Northeast quarter of said Southwest quarter distant 460.90 feet South from the Northwest corner thereof, thence South 80 degrees 13 feet East a distance of 124.10 feet; thence Easterly along the arc of a curve to the left with a radius of 322.62 feet a distance of 44.80 feet to the actual point of beginning; thence continuing along said arc 100.60 feet; thence South and Parallel with the West line of the Southeast quarter of the Northeast quarter of the Southwest quarter to the centerline of County Road 15; thence Northwesterly along said centerline a distance of 105.90 feet; thence North to the point of beginning, except road. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by the City of Plymouth for a preliminary and final plat to consolidate a city -owned property with two residential properties, subject to the following findings and conditions: 1. The preliminary and final plat is approved in accordance with the application received by the city on August 4, 2010, except as may be amended by this resolution. 2. The review and approval of standard subdivision requirements for items including, but not limited to wetland review, density, tree preservation, grading, storm water treatment, utilities, streets, and sidewalks are waived with this request. 3. The existing 8.5 -foot by 12.1 -foot accessory structure located on Lot 2, Block 1 may remain in its present location. Page 13 Resolution 2010- 2010071) Page 2 4. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat with Hennepin County, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 512 of city code. ADOPTED by the City Council on September 28, 2010. 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 September 28, 2010, 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 14 rp)City of Agenda 6 . 1 0PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Marie Darling, Senior Planner September 28, 2010 Reviewed by: Barbara Senness, Planning Manager, and Steve Juetten, Community Development Director Approve the final plat and development contract for Item: " Elm Creek Highlands Third Addition" for property located near the intersection of Merrimac Lane and Schmidt Lake Road (2010047F) 1. ACTION REQUESTED: Move to adopt the following attached items for Pulte Homes of Minnesota, LLC.: a) A resolution approving a final plat and development contract for Elm Creek Highlands Third Addition; and b) A resolution adopting assessments for Elm Creek Highlands Third Addition. Approval of a final plat, development contract, and assessment resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On October 13, 2009, the City Council approved the preliminary plat for this development and a final plat for the first nine lots. On March 23, 2010, the City Council approved the second addition plat for another 44 single-family lots. On August 10, 2010, the City Council approved a PUD amendment and preliminary plat for the third addition which reduced the number of lots from 70 to 69, revised the internal street system and provided a regional pond between this development and the development proposed on the adjacent properties to the east. This final plat application is for the last 17 lots on 8.4 acres in the Elm Creek Highlands subdivision and is consistent with the PUD amendment and preliminary plat approved on August 10, 2010. 3. BUDGET IMPACT: The park dedication was originally calculated based on city acquisition of 6.05 upland acres of property and 70 lots. As the applicant has reduced the number of lots from 70 to 69, the city must pay the developer $8,909.05 to reflect the reduction in park demand. The cash payment is payable upon submission of proof of recording of the final plat. According to the capital improvement program (CIP), the funding sources include the recent bond referendum and the park dedication fund. Page 1 4. ATTACHMENTS: Applicant's Narrative Location Map Aerial Photo Final Plat Approved Preliminary Plat Development Contract Resolution Approving Final Plat and Development Contract Resolution Adopting Assessments Page 2 0 Alliant Engineering, Inc. August 23, 2010 Ms. Marie Darling City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Elm Creek Highlands Phase III -- Final Plat & PUD Narrative Dear Marie, A0 Id t 411 On behalf of Pulte Homes, Alliant Engineering, Inc, is providing the City of Plymouth with the Final Plat & Final PUD application for. Phase III of the Elm Creek Highlands project. The proposed Construction Drawings and associated documents provided at this time are consistent with resolutions 2010-215, 2010-216 and 2010-217, which propose to amend Resolution 201.0047 and were approved by City Council on August 10, 2010. The following narrative summarizes phase M improvements and also identifies a number of specific site development matters, Proposed Improvements Phase III of the Elm Creek Highlands project consists of the construction of public roads and associated infrastructure for the development of seventeen (17) single.family homes and construction of a local/regional ponding facility onlands to the immediate east. It. is the easterly and final phase of the Elm Creek Highlands development, which is currently under construction and will ultimately provide 69 single family homes.. Elm Creek Highlands .Phase III improvements proposed at this time are follows; The easterly and then northerly extension of Merrimac Lane, which amounts to approximately 1,800 feet, The easterly extension of 50th Avenue North, which amounts to approximately 330 feet. Minor excavation/final grading and compaction of 17 single family lots (mass grading already complete).. Construction of a locallregionaI retention pond to the east, which also occupies additional land further east and part of the Elm Creek Highlands —East project. The construction of a bituminous trail near Schmidt Lake Road and northerly along the western edge of the local/regional retention facility, Limited retaining walls at side -yards of single family homes The construction of 8 inch sanitary sewer and associated service leads in Merrimac Lane North, The construction/extension of a 8 inch sanitary sewer in 50`h Avenue North. The construction of 8 inch waterinain, hydrants and associated service leads. The construction of internal storm sewer, catch basins and temporary inlet protection, The construction of a 30 inch wall at the Peony pond. Reduction of the Peony pond volume. 233 Park Avenue South, Suite 300, Minneapolis Minnesota 55415-1108 Phone 612.758.3080, Fax 6.12.758.3099 Page 3 Ms. Marie Darling August 23, 2010 Page 2 of 2 Lighting and Landscaping. Temporary erosion control measures in accordance with NPDES guidelines. Temporary traffic control at Schmidt Lake Road during roadway connection at that location. Schedule/Phasing Mass grading for the EIm Creek Highlands Phase IN area is complete. It is the applicant's intent to complete utility installation and roadway constriction yet this fall. It is also intended that the Iocal/regional retention facility be excavated and the Peony Lane retention facility and associated retaining wall be completed prior to the close of the construction season. Bituminous trails may also be completed yet this season or once construction commences in the spring. Pulte Homes and Alliant Engineering look forward to continuing our work with City Staff and the community during .eompletion of the Elm Creek Highlands project. Please call me at direct 612-758-3082 should you have any questions or require any additional information. Thanks. Alliant Engineering, Inc: 4 Clark Wicklund, PE Vice President. Cc: Ian Peterson/Pulte Chad Onsgard/Pulte File Page 4 s I j1F Fkl s 1 r f y 4f iWv- did. 3 Out( f Com° h f E y1 11i X15 G i a f ' ff 1`.. 4 x IBM- 4 = f t I as SayOWN MO JItSF Zvi B2 01 Aerial Photograph -20100 LA -2 WE. Location Map- 2010047F Pulte Homes of Minnesota Schmidt Lake Road and Merrimac PUD Final Plat and Final Plat City of Plymouth, Minnesota Legend C, Cornerrial CC. aily Center CO, Commercial Office LN,j IP, Planned Industrial LA 1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LAA, Living Area A EZ LA -R1 LA -R2 LA R3 LA -RT P-1, Public/Semi-PublicJlnstitLdionLiI Rural -to -Urban Transition Zone 500 250 0 500 1,000 1,500 1!!%iiid w Feet ELM CHEEK HIGHLANDS THIRD ADDITION I II I L _ _ _ rr uaNCYT "\ w •< 1 r I n SOG°20'49"w 498.30 SOAx`r sHay t35J3 ep,gp e = 2 ie Y, L—-- r N --- ImVTY" NO2°69'04"W;NbX•Paga"W' 1 F_. V .p' z I i e I Ny y mbelen eP lrnnty. Fri— Nwwe IAF 2 y: cF. an rill pet n E CION natums ,HIED ADDm°w b .curet[ rep,eeenlellen a, the beerder eevnsy: thvl ; Ih—lr dti, a II emaaeul0. p6dt Ih. 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CCC, NO KNOW ALL M£NNtSYTMESE PRESENTS, 5 ole er 114Mll atlo4 LLG a yrmenk Ilmlted FAlllly opmpmy. ke purer .1 Me klle.NO tlnnkM properly ellueletl M IM1e Lolr Ml Block I and Culkltk E CREEK NILfRAASS SECOND ACCITICN. yea ena pretka m 9Ju agLx xoN.+MDs NTHIEDAXDNQNandlosehl" — aEd —k b, nn blk for pNWk theveelemagnl:c.eye and Ih..n.wn..0 I.r debvAe end uullty p,wPe..w tivy Ie'ee.. vee eeKHJoe er uw,esak, U.F a W—W III Ilob;ly —My. hm ca—d Ihne prnenta k be aII by It. pnpn a17— M. El,- pink Hemee el NNAe q LLC Mer. MIUarl CRI I M op. n an b STA E NINNEfittn lh° f -91M9 Inalru L .ae wino Itw babe me en Mln —aey er Ao — Y vv MI ale, per x Pune H. .1 MI.—IN,Lao v F_. y4lm.ole Amlted II!Illty —y. °n be't, cl the —EI I F— Ny y mbelen eP lrnnty. Fri— Nwwe IAFcF. an rill pet n E CION natums ,HIED ADDm°w b .curet[ rep,eeenlellen a, the beerder eevnsy: thvl ; Ih—lr dti, a II emaaeul0. p6dt Ih. nn cYY .n Plnl: tl.ol all mb.um.,b awklea m M. PIAL h.n bmm ar r b. eu4ftIr rot .IIhh n .. e . en pe ; ae Rnd welt pe of IM1a dols of the eurmywh eardflcotlen ore shown mtl l.bdetl en We qpc mel dl yuhlkwyp ere noun end Ipbelnp el+ Ne plot. d. NpNlpndplky ;bntle r a y e me prel wee prepved ay mo v unAr my alas! ,upeMgon m1d IFv! t am v tlWy Aeprved knd aNr+eys Anda the laws vl 1ha 111 yr Hbvcyvl; I—T, OF NEN NEPIn r.r.belee urety. 1 .1t.—.te w..ae ..d bSythl. . q ombe m. m yq _ h DAP t EI K-1, PRNkd xane N.kry Plb Ce—,, My Cvmminlvn fEpbrt PLYMOUTH. MMH45GTN y eIAPPIt N ev.ell M PlymeutF, ylnnmek e< a rev kr meetbn mveer Fem t" _-- eanal mmmaoJm. pl.! ;ELN 001_ If appllnNeNlN ®wrltien emmmt a ,N. ewnml,mlals nr Trm,yxten.n en G.n1Y HplwaY IAlnwr hp ad bdv In. Aly pr W. p,00crbod ]C adr v.d.d nd..Icm.d vINwL rocolvt cr w,dr c—R. cna roccmmndoume, n gWtl.d br Mkn.nl. stdl.t.x L _ J llq°t reN x. Moya 1 ii I clty tent Aly qn,.r TAXPAYER EQY11o"S DEPAOTMENT, H.nncpF ebuetN Mhncedlc by —Iry IM1eI — -b.N ]DIJ and qfm to -K h. bem peM ler IoM deealbed m Mb Plel. °pled Ifile apy M 411 L Awnpn. County Audit, by 9epuly SLEYEY DI ISION m mII, Deet„ .- t to MINN, STAT, Sen 050-5 WEPe , 11 qct M1m been .pro•ed W, _ dwy e1 xDl_ wlllnm P. Nmwb, —ly 5„ Y , by A]IMIY RECCIlOQi wln eo`nlyJ urn.aPot ilM1T pIW el q.N eIEEH HIGHLANDS TNI- AggltqN .ee re.erded In thk &1ecl.ti JI. e HWca X. Pmnln, 4..nb Rewrtln by OR.[y e..we THE ORIENTATION OF THIS PLAT IS RELATIVE TO HENNEPIN COUNTY GROUND FSE. EASED ON THE MINNESOTA COORDINATE SYSTEM. SOUTMHNN ZONE, NAD 03, 1906 ADJUSTMENT. Rnoln monummk lountl I/Z Inch kn prpp. LI,1— U,—l- indkakd. a D re I/2 Inch a 16 Inch Iron mpnumvnt set marked by Ilcensc no. ds563. NG monument eymbvl aI rndrevtva 1/2 Inch c 18 Inch Iron monument LI, bo .el wIthlI, ono year. 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U01 w 2OeJ 9.b°1DdE;L3139r s 211 e:4•9e p#{G `C ., ., r//l' ?r5 "a'.n ewr xa.• '`^ S`y^.' _^r ... _ soyas oAPzao i l a4`G I. fi stc Ilr 0.7i gR-275.00 papy.,! y %6, / ! r'`, I 1 I& •,•1 I I L-9,46,D;a 5.2°G3'I6' g,r^ j ;• a ?S, x9,n - I I I. GI Z4 35'E L-36.37 "` r /la rf IGa.ii 0-104°II'SN' 1 / _ V• 3\ / , i / / / 6 1J 4 ~ N45°46'Z5„W 5761 1 I >, // / / l l I I Ir !!! / \. \ t ORAwacE AND unuTr EAguENTs ME sNawN TNus r---------------------------------------yy--_"._'----"--------------------------- r4+rroraue D[°Ic T[ 4s— THE GRIENrASION OF ntls PUT Is REusIVE TO y MERRlMAC wurt9 vxa LANE PwNe aDr NORTir HENNEPIN CWNT'r GROUND FM. BASED ON MR oolnOx 7 DUNNISOiA COORDINATE SISTEM, SOUTHERN ZONE, g I J.«+ NAo 60, 19,55 AWJSTMFSIi I I L_L om°t°e rr.—t bund 1/2 11e1 Iran Prpw xN.. °Lh.rM.. lnaleolea. a `:M"9 6u fPlEN HI-1 O O... Ina I/2 inch n 18 Inde Imo --L oot NO SCALE w]•aa'b•`, —h uwlrax n-I .W t•no xn o-o']I3r'--` c 2 O 25 51 IOD mar9nd dY licman no• 4036], Is 9nM 5 feel In din oNd °d Wldn I°t2fL•-.- No monument nbN nhwn Intliealae V/2 loch i IH loch 9 on n EASEUO.T- I SCALE W FEET Iron manumenL le bn sol Othln ane 1. 1! Vlnoo, unloos oNarwlne Mavn d 10 Ivot Pen Hiu4ua swiBIA and P,J W p right °f way IIn0.s. iI n9hITICN unkw C er-Imb drown. PRELIMINARY PLAT Page 8 ALxL1I1.LV 1 ENGINEERING, INC. DEVELOPMENT CONTRACT Developer Installed Improvements) ELM CREEK HIGHLANDS THIRD ADDITION (2010047F) AGREEMENT dated , 20 , by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City"), and Pulte Homes of Minnesota, LLC., a Minnesota limited liability company (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Elm Creek Highlands Third Addition (referred to in this contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described as: Lot 24, Block 1 and Outlot A, Elm Creek Highlands Second Addition 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, furnish the security required by it, and record the plat with the county recorder or registrar of titles within (180) days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb ilne earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied. 1) this agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Hennepin County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park charges and special assessments for sewer and water referred to in this contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this contract, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Page 9 Developer. Thereafter, notwithstanding anything in this contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's comprehensive plan, official controls, platting or dedication requirements enacted after the date of this contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this contract. If the plans vary Bonn the written terms of this contract, the written terms shall control. The plans are: 91 Plan A - Plat Plan B - Final Grading, Drainage and Erosion Control Plan Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan Plan G - Permanent Traffic Control Plan IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping Required by Section 21130.03 of the Zoning Ordinance K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City's subdivision regulations and the City's engineering guidelines/standard detail specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designated representative. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. hi addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his engineer shall schedule a 2 P:1CommDev1STAFFREP\Development Contracts1201012010047F Elm Creek Highlands 3rd dev con,docx Page 10 pre -construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations fiom the approved plans and specifications will be permitted unless approved in writing by the city engineer or designated representative. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designated representative. 9. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall pay to the City of Plymouth the costs of administering the development contract as well as the 2,000 cash requirement for erosion control. Administrative costs include but are not limited to monitoring of construction observation, consultation with Developer and his/her engineer on status or problems regarding the project, plan review, coordination for testing, periodic and final inspections and acceptance, project monitoring and inspections during the warranty period, and processing of requests for reduction in security, for all public improvements covered by the development contract (as identified on page 14 of this development contract). The fee for administrative costs is $11,907.78. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: Hennepin County for county road access and work in county rights-of-way Minnesota Depart of Transportation for state highway access and drainage Minnesota Department of Health for watermains National Pollutant Discharge Elimination System permits Minnesota Pollution Control Agency for sanitary sewer and hazardous material removal and disposal Minnesota Department of Natural Resources for dewatering and work in protected waters City ofPlynxouth for building permits Metropolitan Council Environmental Services for sanitary sewer connections Watershed permits City ofPlymouth right-of-way permit 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2011, with the exception of the final wear course of asphalt on streets. Final wear course placement will be allowed in a new housing development only after one freeze 3— P:IComrnDev\STAFFREP1Development Contracts1201012010047F Elm Creek Highlands 3rd dev coa.doex Page 11 thaw cycle and after 75% of all units are occupied. Placement of wear course on non housing projects shall be after one freeze — thaw cycle. An inspection of the roadway will be performed by the engineer or designee prior to wear course placement. From this inspection, any deficiencies or damage to the street, sidewalk and curb will be noted and will need to be corrected prior to the placement of the wear course. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access to the subdivision via Peony Lane. No construction traffic is permitted on other adjacent local streets. 15. GRADING PLAN. The plat shall be graded in accordance with the approved Grading Drainage and Erosion Control Plan, Plan B. The plan shall conform to City of Plymouth standards. Within thirty (30) days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. All lots with house footings placed on fill must be monitored and constructed to meet or exceed FHA/HUD 79G specifications. The developer must certify that this has been done correctly. 16. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency's best management practices. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than five (5) days unless authorized and approved by the city engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched, and disc -anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received fiom the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not rei nburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued wiless the plat is in full compliance with the approved erosion control plan. 4— P:1CommDevISTAFFRRPIDevelopment Contracts1201012010047F Ehn Creek Highlands 3rd dev con.docx Page 12 17. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when sheets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: Contractor's certificate Engineer's certificate Land surveyor's certificate Developer's certificate certifying that all construction has been completed in accordance with the terms of this contract. All necessary forms will be furnished by the City of Plymouth. Upon receipt of affidavits and verification by the city engineer or designated representative, the city engineer or designated representative will accept the completed public improvements. Prior to acceptance of the improvements, the Developer shall supply the City with a complete set of reproducible mylar "record" plans, and an electronic file of the "record" plans in an AutoCad.DWG file, a tagged image format (.TIF) file and the electronic pointistaking file prepared in accordance with City standards. 19. PARK DEDICATION. As the Developer originally provided 6.05 acres of property to satisfy the City's park dedication requirements, the City shall pay the Developer 8,909.05 reflecting the reduction of one lot from the subdivision. The payment was calculated in accordance with Section 528 of the City's subdivision regulations. The cash payment shall be payable upon submission of proof of recording of the signed final plat mylars. 20. WATERMAIN. This plat is subject to a trunk watermain special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2010 rate is $3,525 per acre. If the development contract is signed by the City in 2010, the assessment amount is calculated as follows: 8.43 acres — 0 acres of wetland = 5— P:1Comni ev\STAFFREP1Deve1opment Contra cts12010\2010047F Elm Creek Highlands 3rd dev con.docx Page 13 8.43 acres x $3,525 per acre = $29,715.75. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The assessment will be spread over five years at 2.57% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 21. SANITARY SEWER. This plat is subject to a trunk sanitary sewer special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2010 rate is $950 per acre. If the development contract is signed, by the City in 2010, the assessment amount is calculated as follows: 8.43 acres — 0 acres of wetland = 8.43 acres x $950 per acre — $8,008.50. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The charge will be spread over five years at 2.57% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 22. WETLAND MITIGATION. The financial security for wetland mitigation was submitted with the fust addition. If the mitigation area is found to be unsuccessful after the mandatory five-year warranty period, the City may elect to extend the required monitoring period, or keep the security to be used for this mitigation project or for wetland mitigation/restoration elsewhere within the City. In addition, the City may draw down the security at any time during the warranty period if the Developer fails to take corrective measures as directed by the City to perform the work recommended. 23. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permits shall be issued until a contract has been awarded for sewer and water and the MPCA permit has been issued. Prior to issuance of building permits, curbing and one lift of asphalt shall be installed on all public and private streets serving the subject lot. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the city's zoning ordinance. Specifications for the monuments are available from the community development department. C. Prior to issuance of building permits, written certification of the grading for the block where the building is to be located must be provided to the City. 6— PACommDev\STAFFREP1Development Conh'acts1201012010047F Elm Creek Highlands 3rd dev con.docx Page 14 D. Breach of the terms of this contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designated representative. 24. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer. The signs shall be placed at all intersections or at such other locations as designated by the city engineer or designated representative. All street name signs must be installed prior to final building inspection approval. The Developer shall install traffic control signs in accordance with the plan approved by the city engineer and Minnesota Manual of Uniform Traffic Control Devices MMUTCD). All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the city engineer. 25. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City the energy cost for the first two years of operation. Two (2) lights at a yearly cost of $588.82 per year and a two year cost of $1,177.64. The cost includes contingencies at $1.20 per lot per year and sales tax. After the first two years the street lights will be billed on a bimonthly basis to all the lots in the addition, a total of seventeen (17) lots, which results in an estimated cost of $5.77 per lot per billing period. The rate quoted above is dependent upon the operation costs for Xcel Energy or Wright Hennepin Electric under contract franchise with the City of Plymouth. 26. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims fiom labor, materialmen, or others that work required by this contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the rule. Upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the court shall retain jurisdiction to determine attorneys' fees pursuant to this contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. 7— P:1ComrnDev\STAFFREP1Development Contracts1201012010047F Flin Creek Highlonds 3rd dev cowdocx Page 15 C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this contract within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. G. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 27. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a $5,100 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 51 irons at $100.00 per iron. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. B. The Developer must obtain a sign permit from the City building official prior to installation of any subdivision identification signs. C. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. D. The Developer shall include the "City of Plymouth's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement proj ect. E. Other requirements: 1. Prior to impacting any trees or proceeding with grading, the applicant shall install and request inspections of tree preservation fencing and silt fencing. 2. Prior to recording the final plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, 8— P:1ComrnDev\STAFFREP1Development Contracts1201012010047F Elm Creek highlands 3rd dev con,doex Page 16 consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Assessmentleasement/agreements/pennit requirements: 1) Submit a trail easement (as a separate document) over the trail corridor extending from Schmidt Lake Road to 50th Avenue. 2) Submit drainage and utility easements, trail and temporary construction easements (as separate documents) on the adjacent property to allow the construction of the pond, storm sewer, trail, and the retaining walls along 50th Avenue. 3) Provide an unobstructed maintenance access easement for access to flared end section 802. The access must be 15 feet wide and have a slope of less than 10 percent with a 12 -foot wide driving surface capable of supporting maintenance equipment. 4) Execute encroachment agreements for retaining walls in drainage and utility easements for the following lots: Block 1, Lots 5 and 6, Block 2: Lots 1-4; and Block 3, Lots 2-5. Modify the previous agreement for the wall on Lots 4 and 5, Block 3 as the proposed wall has been extended beyond what was approved in Elm Creek Highlands Second Addition. 5) Submit conservation easements over the areas proposed for permanent protection in Blocks 1 and 2. The document shall be written to prohibit all structures, with the exception of improvements for a trail. The area impacted by the pond shall not be included in the conservation easement. 6) Submit disclosures to be provided to homeowners on the current and proposed Northwest Greenway trail location and add this information to the homeowner association documents. b. Grading and erosion control plans: 1) The lowest point on the trail must be two feet above the high water level of the pond. 2) Re -design the trail going north from Schmidt Lake Road to provide less than ten percent grades. 3) Provide a minimum of eighteen inches of freeboard between the lowest building opening where storm water may enter (doors or window) and designated emergency overflows. 4) Show the normal and high water level elevations for the existing wetland on the north end of the plat. 5) Clarify and revise the grading and stone water pollution prevention plans as necessary to consistently reference the grades to construct the storm water pond adjacent to 50th Avenue. 6) Provide a ten -to -one bench at the normal water elevation for the storm water pond and on the house side of the infiltration basin. 7) Indicate erosion control methods and details on the plan, including: 1) silt fence, 2) rock construction entrances, 3) inlet protection and 4) erosion control blanket on 3:1 slopes and greater. 8) Limit the construction entrances to a single entrance from the 2nd Addition. 9 P:ICommDev\STAFFRF-P1Development Contraets12010120I0047F Elm Creek Highlands 3rd dev con.docx Page 17 9) Identify the emergency over flow elevations for the pond adjacent to Peony Lane, the low point in 50th Avenue, and between Lots 2 and 3, Block 3. 10) Install a fence on top of the retaining wall on the west side of the pond adjacent to Peony Lane. 11) Extend the trail along Schmidt Lake Road to the east plat boundary and show the trail grades and pedestrian ramps. 12) Provide a revised grading plan for the storm water pond adjacent to Peony Lane. Confirm that the details and profile for the casing pipe under the retaining wall adjacent to Peony Lane are unchanged from the approved plans for Elm Creek Highlands 2nd Addition. 13) Consider adding an inlet protection symbol to the grading legend. Street and utility plans; 1) After grading operations are complete, televise the existing storm sewer immediately upstream of the new connection point at outlet control structure 801 to confirm it was not damaged and submit to city staff. 2) Based on the timing of the street improvements with the adjacent development, a temporary cul-de-sac may be required on the east end of 50th Avenue. 3) Consider revising the driveway alignment on Lot 6, Block I and Lot d, Block 2 so that the driveways are perpendicular to the sheet. 4) Lengthen the vertical curve on the east end of 50t1i Avenue to 270 feet. 5) Replace city standard plate W-1 with the revised detail dated June 2010. 6) Insulate the following pipe crossings: 1) above the sewer and water pipes and below the 60 -inch reinforced concrete storm sewer pipe on 50th Avenue; and 2) under the water pipe and above the storm sewer pipe between flared end section 301 and manhole 302. 7) Show the sanitary sewer crossing in the storm sewer profile at the east boundary line of 50"i Avenue. Sanitary sewer should be installed in advance of storm sewer installation. 8) Use 221/? degree bends for the water main offset below the 60 -inch reinforced concrete storm sewer pipe. 9) Use SDR 26 polyvinyl chloride sanitary sewer pipe between manhole 32 and manhole 33. 10) Match inverts and remove drops at sanitary sewer manhole 32 and manhole 30. 11) Construct the outside drop at sanitary sewer manhole 34 in accordance with standard detail SS -5. d. Water resource plan: 1) Indicate a concrete truck washout area. 2) Submit drainage calculations for the shared pond with the adjacent Elm Creek Highlands East development that demonstrate compliance with requirements for total suspended solids, 10- P;1CommDev\STAFFREP1Development ContracW201012010047F Elm Creek I [ighi nds 3rd dev con.doex Page 18 phosphorus, volume, and rate control for all areas draining to the pond. 3) Update the storm water pollution prevention plan date, use 2010 details, and show the proposed storm sewer structures. 4) Show the symbols on the storm water pollution prevention plan map legend. 5) Provide deed restrictions and covenants for the wetland mitigation area on Lot 5, Block 3. 3. No building permits shall be issued for Lot 5, Block 3 until the temporary barricades in 50th Avenue North are removed and 50t" Avenue is constructed into the adjacent development with a permanent outlet or a temporary turnaround in an approved location. A separate easement for street purposes shall be required for a temporary turnaround. 4. Submit a geotechnical report to address wetland fill in conjunction with submittal of the building permit for the homes of Lots 2 and 3, Block 2 and Lots 2 and 3, Block 3. The report shall be prepared by a certified engineer licensed by the State of Minnesota. 5. The trail along Schmidt Lake Road shall be completed` in its entirety from Peony Lane to the eastern edge of the plat with this phase. Include pedestrian ramps and curb cuts at intersections and/or road crossings. b. Should field adjustments to the tree preservation fencing result in additional impact, the impact shall require review as outlined in section 530.19 of the city code. 28. MISCELLANEOUS. A. The Developer may not assign this contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in Rill force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Certain retaining walls will require a building permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the building official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. The following retaining walls identified on the development plans or by special conditions referred to in this Contract shall be constructed before any other building peri -nits are issued: Block 3, Lots 3-5 and Block 2, Lots 1 and 2. All other retaining walls will be constructed with the first adjacent home and installed prior to issuance of a certificate of occupancy for either adjacent home. Building permits for homes and any adjacent retaining walls shall be simultaneous 11— P:1CormnDevISTAFFREP1Development Contracts1201012010047F Elm Creek Highlands 3rd dev con.docx Page 19 C. Appropriate legal documents regarding homeowner association documents, covenants and restrictions, as reviewed by the city attorney for consistency with the City's official controls and conditions of approval. If the documents are not consistent with the City's official Control or conditions of approval, the documents shall be amended to make them consistent. Once the documents are determined to be consistent they shall be filed with the final plat. D. The Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of 1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given thirty (3 0) days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this contract shall not be a waiver or release. H. This contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 1. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision regulations, zoning ordinances, and environmental regulations. If the 12— P:1ComrnDev\STAFFREP1Developinent Contracts1201012010047F Fina creek HiLlilands 3rd dei cou.doex Page 20 City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 29. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this contract against poor material and faulty workmanship. The Developer shall submit a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sanitary sewer, storm sewer, and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to one (1) year from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one growing season following installation. 31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public and private improvements, and construction of all public and private improvements, the Developer shall furnish the City with a letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and letter of credit ("security") for $821,506. The amount of the security was calculated as follows: 13— P:ICommDev\STAFFREP1Development Confiwts12010120I0047F Elm Creek Highlands 3rd dev con.docx Page 21 ITEM Street Construction Sanitary Sewer System Watermain System Storm Sewer System Boulevard, Pond and Drainage Swale Sod Pond Construction Street and Traffic Control Signs Sidewalk Improvements Trail Improvements Landscaping and Fences Street Lighting Site Grading & Drainage Improvements Setting Iron Monuments B -TOTAL: Design, Admin., Insp., As-BuiIts (12%) TOTAL: Developer Installed (1) 128,668 103,908 74,180 130,191 0- 72,650 0- 0- 22,000 0- 0- 0- 0- 531,597 63,792 595,389 ESTIMATED COSTS Private (2) 0- 0- 0- 0- 9,000 0- 6,600 17,040 0- 121,850 10,000(3) 32,300 5,100 201,890 24,227 226,117 Total 128,668 103,908 74,180 130,191 9,000 72,650 6,600 17,040 22,000 121,850 10,000 32,300 5,100 733,487 88,019 821,506 1) Developer installed public improvements. City to own and maintain after development complete. 2) Private. Property owner and/or property owner's association to maintain after development completed. 3) Two (2) lights at $5,000 - $10,000 Assessment Financial Guarantees Cash Deposit or Letter of Credit 25% X $37,724.25 Separate Letters of Credit Required for the following: Letter of Credit 9,431.06 Cash Erosion control @ $1,500/acre of which $2,000 is cash and The remainder is a letter of credit in the amount of $38,185 $2,000 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the teens of this contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designated representative 14- P:1CormnDev\STAFFREP1Development Contracts12010\2010047F Elm Creels Highlands 3rd dev con.doex Page 22 that work has been completed and financial obligations to the City have been satisfied, with city engineer or designated representative approval the security may be reduced from time to time by eighty percent (80%) of the financial obligations that have been satisfied. Twenty percent (20%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 32. SUMMARY 4F CASH REQUIREMENTS. The following is a summary of the cash requirements under this contract which must be furnished to the City at the time of final plat approval: Street Light Operating Fee $1,177.64 Administration of Development Contract 11,907.78 TOTAL CASH REQUIREMENTs LEVIED: $13,085.42 33. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Pulte Homes of Minnesota, LLC 12701 Whitewater Dr. Ste. 300 Minnetonka, MN 55343 34. Notices to the City shall be in writing and shall be either hand delivered to the city manager, or mailed to the City by certified mail in care of the city manager at the following address: Plymouth City Hall, 3400 Plymouth Boulevard, Plymouth, MN 55447. The Developer shall notify the City within five (5) days of change of address. 15- P:1CommDevISTAFFREP1Development Contracts1201012010047F Elm Creek Highlands 3rd dev con.docx Page 23 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING A FINAL PLAT FOR "ELM CREEK HIGHLANDS THIRD ADDITION" FOR PROPERTY LOCATED AT MERRIMAC LANE AND SCHMIDT LAKE ROAD (2010047F) WHEREAS, Pulte Homes of Minnesota has requested approval of a final plat for 17 lots on this roughly 8.5 -acre parcel of land located at Merrimac Lane and Schmidt Lake Road; WHEREAS, the property is presently legally described as follows: Lot 24, Block 1, Elm Creek Highlands Second Addition, Hennepin County, Minnesota and Outlot A, Elm Creek Highlands Second Addition, Hennepin County, Minnesota. WHEREAS, the city staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Pulte Homes of Minnesota for a final plat for Elm Creek Highlands Third Addition; and, FURTHER, that the development contract for said plat be approved, and that upon prior execution of the development contract by the developer, the mayor and city manager be authorized to execute the development contract on behalf of the city; and, FURTHER, that the following conditions be met prior to recording of, and related to said plat; 1. A final plat is approved for the creation of 17 lots for single-family homes to be called Elm Creek Highlands Third Addition, in accordance with the plat and plans received by the city on August 12, 2010, except as may be amended by this resolution. 2. Prior to impacting any trees or proceeding with grading, the applicant shall install and request inspections of tree preservation fencing and silt fencing. 3. Prior to recording the final plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Assessment/easement/agreements/permit requirements: 1) Payment of sewer and watermain area charges, as follows: a) sewer in the amount of $8,008.50 and b) water in the amount of $29,715.75. Page 24 Res. 2010 - File 2010 047F Page 2 2) Submit a trail easement (as a separate document) over the trail corridor extending from Schmidt Lake Road to 50th Avenue. 3) Submit drainage and utility easements, trail and temporary construction easements as separate documents) on the adjacent property to allow the construction of the pond, storm sewer, trail, and the retaining walls along 50t11 Avenue. 4) Provide an unobstructed maintenance access easement for access to flared end section 802. The access must be 15 feet wide and have a slope of less than 10 percent with a 12 -foot wide driving surface capable of supporting maintenance equipment. 5) Execute encroachment agreements for retaining walls in drainage and utility easements for the following lots: Lots 5 and 6, Block 1; Lots 1-4, Block 2; and Lots 2-5, Block 3. Modify the previous agreement for the wall on Lots 4 and 5, Block 3 as the proposed wall has been extended beyond what was approved in Elm Creek Highlands Second Addition. 6) Submit conservation easements over the areas proposed for permanent protection in Blocks 1 and 2. The document shall be written to prohibit all structures, with the exception of improvements for a trail. The area impacted by the pond shall not be included in the conservation easement. 7) Submit disclosures to be provided to homeowners on the current and proposed Northwest Greenway trail location and add this information to the homeowner association documents. 8) Required permits: MPCA for sanitary sewer main extension; Minnesota Department of Health for water main extension; Elm Creek Watershed District; NPDES and City of Plymouth for work in the Schmidt Lake Road right of way. b. Grading and erosion control plans: 1) The lowest point on the trail must be two feet above the high water level of the pond. 2) Re -design the trail going north from Schmidt Lake Road to provide less than ten percent grades. 3) Provide a minimum of eighteen inches of freeboard between the lowest building opening where storm water may enter (doors or window) and designated emergency overflows. 4) Show the normal and high water level elevations for the existing wetland on the north end of the plat. 5) Clarify and revise the grading and storm water pollution prevention plans as necessary to consistently reference the grades to construct the storm water pond adjacent to 50th Avenue. 6) Provide a ten -to -one bench at the normal water elevation for the storm water pond and on the house side of the infiltration basin. 7) Indicate erosion control methods and details on the plan, including: 1) silt fence; 2) rock construction entrances; 3) inlet protection; and 4) erosion control blanket on 3:1 slopes and greater. 8) Limit the construction entrances to a single entrance from the 2nd Addition. Page 25 Res. 2010 - File 2010 047F Page 3 9) Identify the emergency over flow elevations for the pond adjacent to Peony Lane, the low point in 50th Avenue, and between Lots 2 and 3, Block 3. 10) Install a fence on top of the retaining wall on the west side of the pond adjacent to Peony Lane. 11) Extend the trail along Schmidt Lake Road to the east plat boundary and show the trail grades and pedestrian ramps. 12) Provide a revised grading plan for the storm water pond adjacent to Peony Lane. Confirm that the details and profile for the casing pipe under the retaining wall adjacent to Peony Lane are unchanged from the approved plans for Elm Creek Highlands 2nd Addition. 13) Consider adding an inlet protection symbol to the grading legend. c. Street and utility plans: 1) After grading operations are complete, televise the existing storm sewer immediately upstream of the new connection point at outlet control structure 801 to confirm it was not damaged and submit to city staff. 2) Based on the timing of the street improvements with the adjacent development, a temporary cul-de-sac may be required on the east end of 50th Avenue. 3) Consider revising the driveway alignment on Lot 6, Block 1 and Lot 4, Block 2 so that the driveways are perpendicular to the street. 4) Lengthen the vertical curve on the east end of 50th Avenue to 270 feet. 5) Replace city standard plate W-1 with the revised detail dated June 2010. 6) Insulate the following pipe crossings: 1) above the sewer and water pipes and below the 60 -inch reinforced concrete storm sewer pipe in 50th Avenue; and 2) under the water pipe and above the storm sewer pipe between flared end section 301 and manhole 302. 7) Show the sanitary sewer crossing in the storm sewer profile at the east boundary line of 50th Avenue. Sanitary sewer should be installed in advance of storm sewer installation. 8) Use 22'/2 degree bends for the water main offset below the 60 -inch reinforced concrete storm sewer pipe. 9) Use SDR 26 polyvinyl chloride sanitary sewer pipe between manhole 32 and manhole 33. 10) Match inverts and remove drops at sanitary sewer manhole 32 and manhole 30. 11) Construct the outside drop at sanitary sewer manhole 34 in accordance with standard detail SS -5. d. Water resource plan: 1) Indicate a concrete truck washout area. 2) Submit drainage calculations for the shared pond with the adjacent Elm Creek Highlands East development that demonstrate compliance with requirements for total suspended solids, phosphorus, volume, and rate control for all areas draining to the pond. 3) Update the storm water pollution prevention plan date, use 2010 details, and show the proposed storm sewer structures. 4) Show the symbols on the storm water pollution prevention plan map legend. Page 26 Res. 2010 - File 2010 047F Page 4 5) Provide deed restrictions and covenants for the wetland mitigation area on Lot 5, Block 3. 4. No building permits shall be issued for Lot 5, Block 3 until the temporary barricades in 50th Avenue North are removed and 50'h Avenue is constructed into the adjacent development with a permanent outlet or a temporary turnaround in an approved location. A separate easement for street purposes shall be required for a temporary turnaround. 5. Submit a geotechnical report to address wetland fill in conjunction with submittal of the building permit for the homes of Lots 2 and 3, Block 2 and Lots 2 and 3, Block 3. The report shall be prepared by a certified engineer licensed by the State of Minnesota. 6. The trail along Schmidt Lake Road shall be completed in its entirety from Peony Lane to the eastern edge of the plat with this phase. Include pedestrian ramps and curb cuts at intersections and/or road crossings. 7. Standard Conditions: a. No building permits shall be issued until the final plat, the HOA documents and all easements and agreements are filed and recorded with Hennepin County and proof of recording is submitted to the city. b. No building permits shall be issued until buffer and conservation easement monuments are installed. c. Should field adjustments to the tree preservation fencing result in additional impact, the impact shall require review as outlined in section 530.19 of the city code. d. Any signage shall comply with the city's signage regulations. e. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence with a minimum height of three feet shall be installed at the top of retaining walls that exceed four feet in height. f. Retaining walls in drainage and utility easements should be avoided where possible. g. Removal of all hazardous trees from the property at the owner's expense. h. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat with Hennepin County, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 512 of city code. ADOPTED by the Plymouth City Council on September 28, 2010. Page 27 Res. 2010 - File 2010 047F Page 5 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 September 28, 2010 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 28 CITY OF PLYMOUTH RESOLUTION NO. 2010 - ADOPTING ASSESSMENTS TRUNK SANITARY SEWER AND WATER MAIN ELM CREEK HIGHLANDS 3RD ADDITION (2010047-F) WHEREAS, the City has received a Waiver of Assessment Hearing from the property owner of ELM CREEK HIGHLANDS 3RD ADDITION waiving their right to special assessment hearings for trunk sanitary sewer and water main and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear interest at the rate of 2.57 % per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Department, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and the Developer may at any time thereafter pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 29 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $37,724.25. Adopted by the City Council on September 28, 2010. P:\organization\council\Council staff Reports\2010\092810\z 610 4 ca 2010047F resolution 2 elm creek highlands 3rd.dRageloZ% 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 September 28, 2010, 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 30 rp)City of Agenda 6 . 1 1PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Shawn Drill, Senior Planner September 28, 2010 Reviewed by: Barbara Senness, Planning Manager, and Steve Juetten, Community Development Director Approve final plat and development contract for Item: "Taryn Hills 10th Addition" for 13 single-family lots north of 61St Avenue between Niagara and Lanewood Lanes (2010072-F) 1. ACTION REQUESTED: Move to adopt the following attached items: a) a resolution approving a final plat and development contract for Taryn Hills 10th Addition; and b) a resolution adopting assessments related to the plat. Approval of a final plat, development contract, and assessment resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On August 9, 2005, the City Council approved the preliminary plat for the Taryn Hills development. The overall development site included roughly 230 acres located north and south of County Road 47. The development will contain 544 dwelling units upon completion. The area north of County Road 47 would include 112 single-family lots, 50 townhomes, and an eight -acre neighborhood commercial center. Most of the final platting north of County Road 47 has been completed. The area south of County Road 47 includes 102 single-family lots, 280 townhomes, and a major segment of the northwest greenway corridor. All of the final platting south of County Road 47 has been completed. To date, 77 of the 112 single-family lots to be established north of County Road 47 have been final platted. U.S. Home Corporation is requesting approval of Taryn Hills 10th Addition to final plat 13 single-family lots at this time. Upon recording of this plat, 22 single-family lots located in the northeast portion of the development site) will remain to be final platted in the future. The requested final plat is consistent with the approved preliminary plat, conforms to the comprehensive plan, and complies with all subdivision regulations and zoning ordinance standards. Page 1 File 2010072 Page 2 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Location Map Approved Preliminary Plat Final Plat Development Contract Resolution Approving Final Plat and Development Contract Resolution Adopting Assessments P:/CommDev/STAFFREP/CC/2010/2010072-F-Taryn-Hills-10'h-Addn-CC Page 2 Plymouth/ Maple Grove border I .... ......... -%F .. ... ... I : 1M .... LA -2. ..................... ... ... LA Z 0 ..................... ... 0 ...... I ....................... Lk -2............. j..... I .......................... i --- .. 1. Co4ryt:::::.::: Y.. 0a'I.... Location Map - 2010072 U.S. Home Corporation Taryn Hills 10th Addition Final Plat City of Plymouth, Minnesota Legend M G, Comercial GC, City Center CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 VIA LA -R1 7A LA R2 F//7] LA -R3 LA -RT FZJ P-1, Public/,Sem!-PublicJlnstitutionaI 500 250 0 500 1,000 1,500 09 Feet Page 3 REVISIONS Ey Sec ur+Rnen— — moms Tx PP flEV1ams 1fi1tBmm, R-8WM— N81AT/ LE WojV$ APPROVED PRELIMINARY PLAT U Z 4 J w z z a S Z U IL G U1 LU 04 cri :;) w J (D d pZ J INL1WHrxexeeHEo nrtttoEreArosseur saAi®v6.0 0 bl WAS-ABA...VEWO ShsE...owc JCpi SP1 HeM) Page 4 9010 0_7Z TARYN HILLS 1 0TH ADDITION r, o INTE FULL SECON", ON 1—ili A. 1— ZrA F6' r dI U- -ds yas- r 31p F rIW n- IF H E—N LLL2 J. 0 ndx I., L11- LIITIJ A-D- irtnlvrw nM.aM. il Ll. III I'd I'll, —411 F Vll,l wCA -1,127"D710 N6s.61 J S89 -44'39-E1 '21 sas.4dI 53.57 III L Alk—,11I C-1%, AlI- 6 DM., FINAL PLAT Page 5 rn 4 41-5 CI I. 4.78 889°48'26-W 123.48 O l—, —.1, uin,,hu -11 lr6, nfTn%,'HHILLF 111. 116 11 d.i. d"' LL Dmuln.FwiW . . Man.. or: SATHRE-BERSQUIST, INC. 6 1I,, IIII- 7_ 16 lid flo Ii... rdal ww! l "A, II FINAL PLAT Page 5 DEVELOPMENT CONTRACT Developer Installed Improvements) TARYN HILLS 10" Addition (2010072) AGREEMENT dated , 20 , by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City"), and U.S. Home Corporation (the Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Taryn Hills 10"' Addition (referred to in this contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described as follows: Outlot A, Taryn Hills 3rd Addition, Hennepin County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, fuinish the security required by it, and record the plat with the county recorder or registrar of titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED, Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the city cleric, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Hennepin County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall Iapse and be void unless final platted into lots and blocks, not outlots, within 5 years after preliminary plat approval. Page 6 6. CHANGES IN OFFICIAL CONTROLS. For 2 years from the date of this contract, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's comprehensive plan, official controls, platting or dedication requirements enacted after the date of this contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this contract. If the plans vary from the written terms of this contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Pian Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan Plan G - Permanent Traffic Control Plan B. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Landscaping Required by Section 21130.03 of the Zoning Ordinance J. Wetland Buffers K. Monuments Required by Minnesota Statutes L. Miscellaneous Facilities The improvements shall be installed in accordance with the City's subdivision regulations and the City's engineering guidelines/standard detail specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or )Wore City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 2— P:%CommDevlSTA1--FREP1Development Contracts\201012010072-Tatyrl-Hills-10th-DC. docx Page 7 The Developer or the Developer's engineer shall schedule a pre -construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or famish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designated representative. 9. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall pay to the City of Plymouth the costs of administering the development contract, as well as the 2,000 cash deposit requirement for erosion control. Administrative costs include but are not limited to monitoring of construction observation, consultation with Developer and his/her engineer on status or problems regarding the project, plan review, coordination for testing, periodic and final inspections and acceptance, project monitoring and inspections during the warranty period, and processing of requests for reduction in security, for all public and private improvements covered by the development contract (as identified on page 13 of this development contract). The fee for administrative costs is $8,596.06. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: Minnesota Department of Health for waterniains, approved August 8, 2008 090.124 NPDES permits — verify ifprevious approval is valid MPCA far sanitary sewer and hazardous material removal and disposal MCESfor sanitary sewer connections, approved July 30, 2008 Elnt Creek Watershed — verify ifprevious approval is valid City of Plymouth building permits 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2011, with the exception of the fmal wear course of asphalt on streets. Final wear course placement will be allowed in a new housing development only after one fieeze thaw cycle and after 75% of all writs have been issued a certificate of occupancy. An inspection of the roadway will be performed by the engineer or designee prior to wear course placement. From this inspection, any deficiencies or damage to the street, sidewalk and curb will be noted and will need to be corrected prior to the placement of the wear course. 3 — P:1CommDevlsTAFFREP1Development Confracts12010`2010072-Taiyn-Hllls-1 Qty]-DC.docx Page 8 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access to the subdivision via Lanewood Lane. No construction traffic is permitted on other adjacent local streets. 15. GRADING PLAN. The plat shall be graded in accordance with the approved Grading Drainage and Erosion Control Plan (Plan B). The plan shall conform to City of Plymouth standards. Within 30 days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered Iand surveyor or engineer indicating that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaiaung walls. All lots with house footings placed on fill inust be monitored and constructed to meet or exceed FHA/IIUD 79G specifications. The developer must certify that this has been done correctly. 16. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan (Plan B) shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency's best management practices. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than 5 days unless authorized and approved by the city engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched, and disc -anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 10 days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 17. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance -Lentil the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such 4— P:1CoinmDevlsTAFFREP1Development contraets1201012010072-Taryn-Hills-10th-DC.docx Page 9 streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: Contractor's certificate Engineer's certificate Land surveyor's certificate Developer's certificate The above affidavits shall certify that all construction has been completed in accordance with the terms of this contract. All necessary forms will be furnished by the City of Plymouth. Upon receipt of affidavits and verification by the city engineer, the city engineer will accept the completed public improvements. Prior to acceptance of the improvements, the Developer shall supply the City with a complete set of reproducible mylar "record" plans, and an electronic file of the "record" plans in an AutoCad.DWG file, a tagged image format (.TIF) file and the electronic point/staking file prepared in accordance with City standards. 19. PARK DEDICATION. The Developer shall pay a cash contribution of $23,567.05 in satisfaction of the City's park dedication requirements. The park dedication fee shall be calculated based on the "maximum cash payment per dwelling unit" in effect at the time the final plat is recorded. The "maximum payment per dwelling unit" is adjusted periodically. The Developer dedicated land totaling 72.11 percent of the park dedication required for all of "Taryn Hills" excluding Outlot A (the commercial site), Outlot B (the CommonBond site), and Taryn Hills 3rd Addition (a separate plat approved after Taryn Hills). In combination with the land previously dedicated (Outlot J, "Taryn Hills"), the developer shall pay a cash contribution to satisfy the remainder (27.84 percent) of the city's dedication requirement. The developer shall pay a cash contribution equaling 5 P:1ConunDev\STAPPRr,PlDevelopment Contracts1201012010072-Taryn-Hills-10th-DC.docx Page 10 27.89 percent of the "per unit maximum cash payment" for each of the 13 new dwelling units within this 10th Addition. In accordance with Section 528 of the City's Subdivision Regulations, the 2010 rate for the "per unit maximum cash payment" is $6,500. The following example shows how the cash fee would be calculated if this "Taryn Hills 10th Addition" plat is recorded in 2010; 13 new dwelling units in this final plat multiplied by $1,812.85 (2789% x $6,500) equals 23,567.05. If this plat is recorded in another year, that year's rate will be used in the calculation. 20. WATERMAIN. This plat is subject to a trunk watermain special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2010 rate is $3,525 per acre. If the development contract is signed by the City in 2010, the assessment amount is calculated as follows: 7.19 acres — 0 acres of wetland — 7.19 acres x $3,525 per acre — $25,344.75. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The assessment will be spread over five years at 2.57% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081, 21. SANITARY SEWER. This plat is subject to a trunk sanitary sewer special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2010 rate is $950 per acre. If the development contract is signed by the City in 2010, the assessment amount is calculated as follows: 7.19 acres — 0 acres of wetland — 7.19 acres x $950 per acre = $6,830.50. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The charge will be spread over five years at 2.57% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 22. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. No building permits shall be issued until a contract has been awarded for sewer and water and the MPCA permit has been issued. Prior to issuance of building permits, except those identified in item 1i of this section, curbing and one lift of asphalt shall be installed on all public and private streets serving the subject lot. Erm P:1CommDev\STAFFREPIDeve[opment Contracts12010\2010072-Taryu-Hills -10th-DC.docx Page 11 B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. Specifications for the monuments are available from the Community Development Department. C. Prior to issuance of building permits, written certification of the grading for the block where the building is to be located must be provided to the City. D. Breach of the terms of this contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the city engineer. F. After the plat is recorded and written certification provided of the grading for the block where the building is to be located, a building permit for one model home will be issued on a lot acceptable to the building official after building permit review and approval. For this action, the developer shall indemnify the City and hold the City harmless from any resulting property damage, personal injury or death or costs incurred by the City, including reasonable attorney's fees, except for the willful misconduct or gross negligence of the City. No sewer and water connection permits will be issued until the streets needed for access to the model home has been paved with a bituminous surface and the utilities are tested and approved by the city engineer. No certificates of occupancy shall be issued until sewer and water service is provided to any such model home. 23. STREET SIGNS. Street name signs shall be installed by the Developer. The signs shall be placed at all intersections or at such other locations as designated by the city engineer, All street name signs must be installed prior to final building inspection approval. 24. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City the energy cost for the first two years of operation. One (1) light at a cost of $192.32 per year and a two year cost of $384.64. The cost includes contingencies at $1.20 per lot per year and sales tax. After the first two years the street lights will be billed on a bimonthly basis to all the lots in the addition, a total of thirteen (13) lots, which results in an estimated cost of $2.47 per lot per billing period. The rate quoted above is dependent upon the operation costs for Xcel Energy or Wright Hennepin Electric under contract franchise with the City of Plymouth. 25. RESPONSIBILITY FOR COSTS. A. In the event that the City receives claims from labor, materialmen, or others that work required by this contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action 7 P:1ConvnDevlsTAFFREPMevelopment Contracts1201012010072-Talyn-Hills-10th-DC.docx Page 12 pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the rule. Upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the court shall retain jurisdiction to determine attorneys' fees pursuant to this contract. B. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. C. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting fiom plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engineering and attorneys' fees. E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this contract within 30 days after receipt. Bills not paid within 30 days shall accrue interest at the rate of eight percent per year. G. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a $2,900 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 29 irons at $100.00 per iron. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. B. The Developer must obtain a sign permit from the City building official prior to installation of any subdivision identification signs. P:%CommDevISTAFFREPIDevelopment Coatracts1201012010072-Taryn-Hills-10th-DC.docx Page 13 C. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. D. The Developer shall include the "City of Plymouth's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement proj ect. E. Other requirements: 1. Prior to recording the final plat, the applicant shall execute the development contact for the public and private improvements, and shall submit the required financial guarantees. 2. Prior to recording the final plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Zoning ordinance/ city code requirements: 1) The required park dedication fee shall be paid, in accordance with the dedication ordinance in effect at the time the final plat is recorded. 2) The homeowner's association documents shall include language ensuring HOA maintenance of the association common spaces including sidewalks, landscaped areas, and similar features. b. Grading plan: The lowest floor elevation must be a minimum of two feet above adjacent water bodies. In addition, there must a minimum of 18 inches of freeboard between the lowest building opening where storm water may enter (doors or windows) and the designated emergency overland overflow. C. Street and utility plans: 1) Add a note to the plans stating "The contractor shall contact the Plymouth Sewer and Water Department at (763) 509-5950 a minimum of 48 hours prior to any public sewerlwatermain connection." 2) Show silt fence and indicate inlet protection for new catch basins. 3) The 2010 City of Plymouth Engineering Guidelines and Standard Specifications shall apply. 3. Prior to issuance of building permits, permanent wetland buffer monument signs must be installed pursuant to ordinance requirements. 4. The developer shall notify potential buyers about future roadway expansion and improvement projects for County Road 47 and Vicksburg Lane, and shall post signage on the site regarding such future roadway projects. 9— P:%CommDevlsTATFRLPWovelopment Cantracts1201012010072-Taryn-Hills-1 Oth-DC.docx Page 14 5. Standard Conditions: a. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. b. Development standards shall be as required by the RSF-2 district. No variances are granted or implied. 27. MISCELLANEOUS, A. The Developer may not assign this contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Certain retaining walls will require a building permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the building official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. Appropriate legal documents regarding homeowner association documents, covenants and restrictions, as approved by the city attorney, shall be filed with the final plat. D. The Developer shall take out and maintain or cause to be taken out and maintained until 6 months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of 1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City 10— P:1Commbev\STAFFREPIDevelopment Contracts1201012010072-Taryn-Hi11s-10th-DC.doex Page 15 Council. The City's failure to promptly take legal action to enforce this contract shall not be a waiver or release. H. This contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision regulations, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perforin the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. II-- P:1ComtnDevISTAFFREP\Developtnent Contracts1201012010072-Taryn-Hills-1 Otb-DC.docx Page 16 29. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this contract against poor material and faulty workmanship. The Developer shall submit a letter of credit for 25 percent of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanslup for the utility contractor installing public sanitary sewer, storm sewer, and water mains shall be 2 years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to 1 year from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one growing season following installation. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public and private improvements, and construction of all public and private improvements, the Developer shall fiunish the City with a letter of credit, in the form attached hereto, from a bank, cash escrow or a combination cash escrow and letter of credit ("security") for $438,651. The amount of the security was calculated as follows: 12— P:1ConunDcv\STAFFRF.PIDavclopmcnt Contracts1201012010072-Tatyn-Hills-10th-DC,docx Page 17 Total 250,754 42,405 37,905 22,889 3,000 26,800 5,000 2,900 391,653 46,998 438,651 1) Developer installed public improvements. City to own and maintain after development is completed. 2) Private. Property owner and/or property owner's association to maintain after development is completed. 3) One (1) street light @ $5,000 = $5,000. Assessment Financial Guarantee: required only if assessments are not paid in full prior to release of mylars) Cash Deposit or Letter of Credit to guarantee the assessments for two years. 25% X $32,175.25 = $8,043.81 In addition, a separate Letter of Credit is required for the following: Erosion Control @ $1,500/acre, of which $2,000 shall be a cash deposit and the remainder shall be a Letter of Credit in the amount of: 13— Cash Letter of Credit Deposit 8,785 + $2,000 P:ICommDev\STAFFREP1Development Contracts1201012010072-Taiyn-Hills-10th-DC.docx Page 18 ESTIMATED COSTS Developer ITEM Installed (>) Private (2) Street Construction 250,754 Sanitary Sewer System 42,405 Watermain System 37,905 Storm Sewer System 22,889 Boulevard & Drainage Swale Sod, Silt Fence 3,000 Sidewalk Improvements 26,800 Street Lighting 5,000(3) Setting Iron Monuments 2,900 SUB -TOTAL: 383,753 7,900 Design, Admin.,1nsp., As-Builts (12%) 46,050 948 TOTAL: 429,803 8,848 Total 250,754 42,405 37,905 22,889 3,000 26,800 5,000 2,900 391,653 46,998 438,651 1) Developer installed public improvements. City to own and maintain after development is completed. 2) Private. Property owner and/or property owner's association to maintain after development is completed. 3) One (1) street light @ $5,000 = $5,000. Assessment Financial Guarantee: required only if assessments are not paid in full prior to release of mylars) Cash Deposit or Letter of Credit to guarantee the assessments for two years. 25% X $32,175.25 = $8,043.81 In addition, a separate Letter of Credit is required for the following: Erosion Control @ $1,500/acre, of which $2,000 shall be a cash deposit and the remainder shall be a Letter of Credit in the amount of: 13— Cash Letter of Credit Deposit 8,785 + $2,000 P:ICommDev\STAFFREP1Development Contracts1201012010072-Taiyn-Hills-10th-DC.docx Page 18 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the terms of this contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designated representative that work has been completed and financial obligations to the City have been satisfied, with city engineer or designated representative approval the security may be reduced from time to time by 80 p ercent of the financial obligations that have been satisfied. Twenty (20) percent of the amounts certified by the Developer's engineer shall be retained as security until; (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this contract which must be furnished to the City at the time of final plat approval: Park Dedication X$23,567.05 Street Light Operating Fee 384.64 Administration of Development Contract 8,596.06 TOTAL CASH RFQUIREMENTs LEVIED: $32,547.75 X Park dedication fee is adjusted periodically. 32. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Jon Aune, Vice President U.S. Home Corporation 935 East Wayzata Boulevard Wayzata, N4N 55391 33. Notices to the City shall be in writing and shall be either hand delivered to the city manager, or mailed to the City by certified mail in care of the city manager at the following address: Plymouth City Hall 3400 Plymouth Boulevard Plymouth, NM 55447 The Developer shall notify the City within five days of change of address. 14— P:%CommDevISTAFFREP1Development Coiitracts12010\2010072-Taryn-Hills-10tH-DC.doex Page 19 CITY OF PLYMOUTH RESOLUTION N0. 2010- A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR TARYN HILLS 1 OT" ADDITION" FOR PROPERTY LOCATED NORTH OF 61 ST AVENUE BETWEEN NIAGARA LANE AND LANEWOOD LANE (2010072-F) WHEREAS, U.S. Home Corporation has requested approval of a final plat for 13 single- family lots on 7.19 acres of land located north of 61St Avenue between Niagara Lane and Lanewood Lane in the "Taryn Hills" plat; and WHEREAS, the property is presently legally described as Outlot A, Taryn Hills 3rd Addition, Hennepin County, Minnesota; and WHEREAS, city staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by U.S. Home Corporation for a final plat for Taryn Hills 10th Addition; and FURTHER, that the development contract for said plat be approved, and that upon prior execution of the development contract by the developer, the mayor and city manager be authorized to execute the development contract on behalf of the city; and FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. The final plat for Taryn Hills 10`x' Addition is approved in accordance with the application and plans received by the city on August 5, 2010, except as may be amended by this resolution. 2. Prior to recording the final plat, the applicant shall execute a development contract for the public and private improvements, and shall submit the required financial guarantees. Page 20 Resolution 2010 - File 2010072-F Page 2 3. Prior to recording the final plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Zoning ordinance/ city code requirements: 1) The required park dedication fee shall be paid, in accordance with the dedication ordinance in effect at the time the final plat is recorded. 2) The homeowner's association documents shall include language ensuring HOA maintenance of the association common spaces including sidewalks, landscaped areas, and similar features. b. Grading plan: The lowest floor elevation must be a minimum of two feet above adjacent water bodies. In addition, there must a minimum of 18 inches of freeboard between the lowest building opening where storm water may enter (doors or windows) and the designated emergency overland overflow. c. Street and utility plans: 1) Add a note to the plans stating "The contractor shall contact the Plymouth Sewer and Water Department at (763) 509-5950 a minimum of 48 hours prior to any public sewer/watermain connection." 2) Show silt fence and indicate inlet protection for new catch basins. 3) The 2010 City of Plymouth Engineering Guidelines and Standard Specifications shall apply. 4. Prior to issuance of building permits, permanent wetland buffer monument signs must be installed pursuant to ordinance requirements. 5. The developer shall notify potential buyers about future roadway expansion and improvement projects for County Road 47 and Vicksburg Lane, and shall post signage on the site regarding such future roadway projects. Page 21 Resolution 2010 - File 2010072-F Page 3 6. Standard Conditions: a. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. b. Development standards shall be as required by the RSF-2 district. No variances are granted or implied. c. Any signage shall require separate permits and shall comply with the city's signage regulations. d. A reproducible mylar print and electronic file format (AutoCad DWG file format) of sanitary sewer, water service, storm sewer and pond as-builts for the site shall be submitted prior to the release of financial guarantees. e. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under Section 512 of city code. ADOPTED by the Plymouth City Council on September 28, 2010. 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 September 28, 2010, 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 22 CITY OF PLYMOUTH RESOLUTION N0.2010 - ADOPTING ASSESSMENTS TRUNK SANITARY SEWER AND WATER MAIN TARYN HILLS 1 OT" ADDITION (2010072-F) WHEREAS, the City has received a Waiver of Assessment Hearing from the property owner of TARYN HILLS 10th ADDITION waiving their right to special assessment hearings for trunk sanitary sewer and water main and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear interest at the rate of 2.57 % per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Department, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and the Developer may at any time thereafter pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 29 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $32,175.25. Adopted by the City Council on September 28, 2010. P:\Organization\Council\Council Staff Reports\2010\092810\z 6114 Taryn Hills I0MOOcZa 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 September 28, 2010, 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 24 City of P[ymouth Iridin, Qphty da Life REGULAR COUNCIL MEETING September 28, 2010 Agenda 7.1Number: To: Laurie Ahrens, City Manager Prepared by: Joe Ryan, Building Official Reviewed by: Steve Juetten, Community Development Director Item: Approve assessment Costs for Abatement of a Hazardous Building located at 1655 Evergreen Lane North 1. ACTION REQUESTED: Adopt the attached resolution approving the assessment as proposed. 2. BACKGROUND: Based on a complaint filed with the City, an inspection of the property revealed a single car detached garage building found to be in a general state of dilapidation and substandard with today's codes. Based on the findings of that inspection a conclusion was reached that the condition of the structure met a statutory definition as hazardous structure building, and therefore should be removed. On May 10, the City obtained a district court order granting the City authorization to correct the hazardous condition and to assess all related costs, including attorney's fees against the property. The order was served to all named owners of the property. The City hired a contractor to perform the demolition work at a cost of $7,359. The work has been completed, and the contractor has been paid by the City. The fees and costs incurred by the City Attorney's office is $3,136.13. The total costs and fees to be assessed against the subject property is 10,495.13. Per requirements of Minnesota Statute 429, property owners were provided with the assessment notice and date of the assessment hearing, and notice of hearing was published in the City's official newspaper. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Resolution Location Map Related Correspondence Page 1 Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 763-423-2242 City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1432 1347411655 Evergreen Ln I 1 100164-1 Demolish Detached Garage Work is complete 1655 Evergreen Lane North Plymouth, MN Thank you for your business! 6/2212010 100164 Invoice City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1432 7/2212010 Net 30 7,359.00 Notes_ ,Total $7,359.00 Si es Tax 9t t3 lig m Flees Contact Less rsc t,,'a;>tlti 1 C163) 428-674 Less Retainage EMM9r $7,359.00 A service charge of 1.5% per month (18% annual percentage ra(e) will be added to any balance or portion there of due in exggsygaL_f1 days. Page 3 City ofPlymouth, h „-_ 3400 Plymouth Blvd. Plymouth, MN 55447 Phone: (763) 509-5000 c`a Veit & Company Inc 14000 Veit Place Rogers, MN 55374-9583 VENDOR NO. 117611 Purchase Order No. 2010-00002195 DATE 06/29/2010 PURCRASE ORDER NUMBER MUS i APPEAR ON ALL CORRESPONDENCE City of Plymouth City of Plymouth Inspect'cns Division — Inspections Division 3400 Plymouth Blvd. 0 3400 Plymouth Etvd o Plymouth, MN 55447 Plymouth, MIN 55447 TAXES: This purchase order amount does not include applicable taxes. The City of Plymouth is subject tc 6.875% Minnesota state sales tax, however exempt from local and federal excise taxes. Page 4 Page 4 Joe Ryan From: Roger Knutson (RKnutson@ck-law.comJ Sent: Monday, August 09, 2010 109 PM To: Joe Ryan Subject: FW: Plymouth - Hazardous Building - 1656 Evergreen From: Sherry Charboneau Sent: Monday, August 09, 2010 3:08 PM To: Roger Knutson Subject: Plymouth - Hazardous Building - 1655 Evergreen Fees = $2,121.00 Costs = $1,015.13 Total = $3,136.13 Sherry L. Charboneau, Legal ,Assistant CAMPBELL KNUTSON, P.A. 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Direct Dial: 651-234-6230 Office: 651-452-5000 Fax: 651-452-5550 E-mail: scharboneaua@ck-law.com<mailto:scharboneau(@ck-law.com> I Page 5 Page 5 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION ADOPTING ASSESSMENTS ABATEMENT OF A HAZARDOUS BUILDING 1655 EVERGREEN LANE NORTH WHEREAS, pursuant to a court order for the Abatement of Hazardous Building located at 1655 Evergreen Lane North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear interest at the rate of 2.76% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2011. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment of the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Department, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 29, or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total costs and fees associated with the demolition to be assessed by this resolution is $10,495.13. Adopted by the City Council on September 28, 2010. Page 6 c;ty of Agenda 7 . 2PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk September 28, 2010 Reviewed by: Cal Portner, Administrative Services Director On -Sale Liquor and Sunday Liquor License Applications for Apple Minnesota LLC (Gregory Flynn, Ronald Item: Igarashi, Lorin Cortina, Daniel Krebsbach), d/b/a Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100 1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to the contrary, adopt the attached resolution approving the on -sale and Sunday liquor licenses for Apple Minnesota LLC, d/b/a Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100, for the license period through January 31, 2011. 2. BACKGROUND: The City has received an application for an on -sale intoxicating liquor and Sunday liquor license from Apple Minnesota LLC, d/b/a Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100. There will be a corporate change of ownership and the new owner desires to continue serving alcohol. 3. BUDGET IMPACT: All fees have been paid and certificates of insurance provided. The license application has been investigated and is recommended for approval by the Police Department. 4. ATTACHMENTS: Notice of Hearing Map and List of Property Owners within 500' of Location Resolution Page 1 CITY OF PLYMOUTH NOTICE OF HEARING ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSES APPLICATIONS FOR APPLE MINNESOTA LLC, D/B/AAPPLEBEE'S NEIGHBORHOOD GRILL & BAR, 3500 VICKSBURG LANE, #100 NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the On -Sale Liquor and Sunday Liquor License applications from Apple Minnesota LLC for Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100, on Tuesday, September 28, 2010, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application will be heard at that time. Sandra R. Engdahl City Clerk 763-509-5080 Page 2 4) , I 4= , I iOMM C 3 TH AVE 37TH AVE 37TH AVS 0 > T 0 36T, i P\, 36TH AVE 36TH AVE X, jyvv NO 55. 32ND AVE I 4/0 ti ALL1. 31 STAVE LLJ AVE III al I I litm or. 20-118-22-11-0017 21-118-22-22-0004 20-118-22-11-0018 BREMER BANK NATIONAL ASSOC DOWNTOWN PROPERTIES RT MINNEAPOLIS FRANCHISE LLC 360 CEDAR ST 6312 UPLAND LN N 8391 W LAKE DR ST PAUL, MN 55101 MAPLE GROVE, MN 55311 CHANHASSEN, MN 55317 21-118-22-22-0012 GLEN LINCOLN PARTNERS JACK DAY 783 TOWER DR MEDINA, MN 55340 20-118-22-11-0015 PLYMOUTH MARKETPLACE LLC 600 HIGHWAY 169 S # 701 ST.LOUIS PARK, MN 55426 21-118-22-22-0016 WEST PTC LLC & PLYMOUTH TC LLC NORTHMARQ R E SERVICES 350 AMERICAN BLVD W # 200 BLOOMINGTON MN 55431 21-118-22-22-0011 PLYMOUTH HILLS PROPERTY LLC 3475 PLYMOUTH BLVD # 100 PLYMOUTH MN 55447 21-118-22-22-0009 MOVIE CINEMA LIMITED PARTNERSHIP 711 HENNEPIN AVE 3RD FLOOR MINNEAPOLIS, MN 55403 20-118-22-11-0016 PLYMOUTH MARKETPLACE LLC 600 HIGHWAY 169 S # 701 ST.LOUIS PARK, MN 55426 21-118-22-22-0020 NFQM LLC 15555 34TH AVE N PLYMOUTH, MN 55447 21-118-22-21-0011 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH, MN 55447 21-118-22-22-0021 WILLIAM CHARLES ASSOCIATES LLC 2923 43RD ST W MINNEAPOLIS, MN 55410 20-118-22-11-0019 PLYMOUTH MARKETPLACE LLC 600 HIGHWAY 169 S # 701 ST.LOUIS PARK, MN 55426 21-118-22-22-0003 COMMUNITY BANK OF PLYMOUTH 3455 PLYMOUTH BLVD PLYMOUTH, MN 55447 21-118-22-22-0015 INLAND REAL ESTATE CORPORATION 2901 BUTTERFIELD RD OAKBROOK, IL 60523 Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING THE ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSES FOR APPLE MINNESOTA LLC, D/B/A APPLEBEE'S NEIGHBORHOOD GRILL Fk BAR, 3500 VICKSBURG LANE, #100 WHEREAS, the City has received an application for on -sale liquor and Sunday liquor licenses from Apple Minnesota LLC, d/b/a Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, the City Council has conducted a public hearing and finds no reason to deny the application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the on -sale liquor and Sunday liquor licenses are hereby approved for Apple Minnesota LLC, d/b/a Applebee's Neighborhood Grill & Bar, 3500 Vicksburg Lane, #100. The liquor licenses are issued for the period through January 31, 2011. Approved this 28th day of September 2010. Page 5 City of Plymouth Adding Qkelity to Life REGULAR COUNCIL MEETING To: Prepared by: September 28, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Agenda 7.3Number: Laurie Ahrens, City Manager Jim Barnes, Housing Programs Manager Steve Juetten, Community Development Director Interfaith Outreach and Community Partners — Public Hearing to authorize the issuance of 501 (c) 3 bonds Hold a public hearing and adopt the attached resolution to authorize the sale of 501 (c) 3 bonds in the amount not to exceed $2,250,000 on behalf of Interfaith Outreach and Community Partners (IOCP). 2. BACKGROUND: On September 14, 2010 the City Council approved holding a public hearing on behalf of Interfaith Outreach and Community Partners (IOCP) to issue bonds to facilitate the purchase of a building located in the city. Attached is the staff report from that meeting. The bonds will have a term of 10 years and a minimum beginning interest rate of 4.5%. The monthly payment will be approximately $25, 417, which is 12% of IOCP's unrestricted annual budget. The actual sale of the bonds will most likely take place in November. In the mean time, Anchor bank will be providing a bridge loan so that IOCP can meet the terms of the seller and take possession of the property in late September or early October. 3. ATTACHMENTS: September 14, 2010 Staff Report Resolution Page 1 rp)City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING September 14, 2010 Agenda Number: To: Laurie Ahrens, City Manager Prepared by: Jim Barnes, Housing Programs Manager Reviewed by: Steve Juettcn, Community Development Director Item: Interfaith Outreach and Community Partners — Call for a Public hearing to authorize the issuance of 501 (c) 3 bonds 1, ACTION REQUESTED: Adopt the attached resolution giving preliminary approval and call for a public hearing to authorize the sale of 501 (c) 3 bonds in the amount not to exceed $2,250,000 on behalf of Interfaith Outreach and Community Partners (IOCP). The anticipated date for the public hearing is September 28, 2010. 2. BACKGROUND: IOCP is a 501 (c) 3 organization operating comprehensive social service programs in the communities of Plymouth, Hamel, Long Lake, Medicine Lake, Medina, Minnetonka Beach. Orono and Wayzata. TOCP was founded as an ecumenical outreach program in 1979 and provides services for food, housing, child care, employment, transportation and cormections to community resources. In 2009 they served 1,469 families and individuals and distributed 807,300 pounds of food. Plymouth makes up the largest percentage of their case load with 61.5% of their clients residing in Plymouth. IOCP is requesting the bonds to provide gap financing to acquire and renovate a vacant grocery store into a community resource center that would house the offices of IOCP and provide a place to operate their many programs. Services provided include information advocacy and referral, direct financial assistance for basic needs, housing, employment, early childhood care/development. transportation, and CONECT (Community Organizations Networking Compassionately Together). The applicant would use the site to deliver these services as well as to offer computer and financial training and tutoring, conference/meeting rooms for community groups and clients' outside service providers use, a food distribution area, and a used clothing, furniture, and furnishing sales area. The building has roughly 40,500 square feet. Half of the building would be used for the food distribution and used clothing, furnishings and fitrniture sales, and the other half would be for agency operations and multi-purpose training areas. The applicant also proposes to use an area on the northwest side of the building as a patio with tables and chairs for their employees and clients. The applicant is proposing no changes to the site, with the exception of sonic cosmetic alterations to the front of the building and interior renovations. No changes are proposed to the parking areas, loading areas, lights or peripheral landscaping. Page 2 3. BUDGET IMPACT: These bonds, unlike the non -nal bonds that the City issues for public improvements, city buildings, etc., are not general obligations of the City and the general hinds and taxing powers of the City are not pledged to pay these bonds. The bonds and all expenses in connection therewith, are. directly or indirectly, the responsibility of the applicant. Payment for the bonds can only be made from the sources identified in the bond indenture, which will be executed in connection with the issuance of the bonds, consisting primarily of the payments received by the Trustee under the Loan Agreement, which will also be executed in connection with the issuance of the bonds. In addition to application and bond fees paid to the City, the applicant pays all costs of the bond issue. The City also receives an application fee of $2,500 and a bond fee of 118 of 1 percent of the bond amount at closing and 118 of I percent of the outstanding amount annually for the life of the bonds. These fees will help reimburse the City for the expense incurred such as staff time. The City's good name and reputation would be connected to this issuance. 4. ATTACHMENTS: Location Map Photo of Building Resolution Page 3 ew' w A. P Aerial Photograph- 1605 County Road 101 Interfaith Outreach & Community Partners P141 City of 100 50 0 100 200 300 Plymouth, Minnesota Feet CERTIFICATION OF MINUTES RELATING TO REVENUE BONDS, SERIES 2010 INTERFAITH OUTREACH AND COMMUNITY PARTNERS PROJECT) Issuer: City of Plymouth, Minnesota Governing body: City Council Kind, date, time and place of meeting: A regular meeting held on September 28, 2010, at 7:00 p.m. at the Council Chambers of City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION GIVING APPROVAL TO A PROJECT ON BEHALF OF INTERFAITH OUTREACH AND COMMUNITY PARTNERS AND ITS FINANCING UNDER MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR APPROVAL; PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS, SERIES 2010 (INTERFAITH OUTREACH AND COMMUNITY PARTNERS PROJECT) AND EXECUTION OF RELATED DOCUMENTATION I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on , 2010. City Clerk Page 6 The Mayor stated that this was the time and place fixed by a resolution of this City, adopted on September 14, 2010, for a public hearing to be held on the proposal that the City undertake and finance a project (the "Project") on behalf of Interfaith Outreach and Community Partners, a Minnesota nonprofit corporation (the "Corporation"), pursuant to Minnesota Statutes, Sections 469.152 through 469.165, as amended. The City Clerk presented an affidavit showing publication of the notice of public hearing at least once not less than 14 nor more than 30 days prior to the date fixed for the public hearing, in the Plymouth Sun -Sailor, the official newspaper of the City of Plymouth, Minnesota (the "City"). The affidavit was examined, found to be satisfactory and ordered placed on file with the City Clerk. The Mayor then opened the meeting for the public hearing on the proposal to undertake and finance the Project on behalf of the Corporation. The purpose of the hearing was explained, the nature of the Project and of the proposed revenue Bonds was discussed, the draft copy of the Application to the Minnesota Department of Employment and Economic Development with draft copies of all attachments and exhibits was available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the Project, in response to which the following persons either appeared, were recognized and made statements, or filed written comments with the City Manager before the date set for the hearing, summaries of which appear opposite their respective names: Name of Speaker Summary of Views 2 Page 7 The City Manager [reported that no written comments had been] [read a summary of the written comments] * filed in her office before the date of the hearing. After all persons who wished to do so had stated or filed their views on the proposal, the Mayor declared the public hearing to be closed. Strike inappropriate language Page 8 RESOLUTION NO. RESOLUTION GIVING APPROVAL TO A PROJECT ON BEHALF OF INTERFAITH OUTREACH AND COMMUNITY PARTNERS AND ITS FINANCING UNDER MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165; REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT FOR APPROVAL; PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BONDS, SERIES 2010 (INTERFAITH OUTREACH AND COMMUNITY PARTNERS PROJECT) AND EXECUTION OF RELATED DOCUMENTATION BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"), as follows: SECTION 1 Recitals and Findings 1.1. This Council has received a proposal that the City, pursuant to Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"), issue its revenue bonds (the Bonds") for the purpose of financing a portion or all of the cost of a proposed project (the Project") on behalf of Interfaith Outreach and Community Partners, a Minnesota nonprofit corporation (the "Corporation"), consisting of (a) the acquisition, renovation and equipping of an approximately 40,000 square foot building located at 1605 County Road 101 North in the City and (b) financing certain costs of issuance of the Bonds. 1.2. At a public hearing, duly noticed and held on the date hereof, in accordance with Section 469.154, Subdivision 4 of the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance such project and interested persons were given the opportunity to submit written comments to the City Manager before the time of the hearing. 1.3. The City hereby finds the following: a) Based on the public hearing, such written comments (if any) and such other facts and circumstances as the Councilmembers deem relevant, the Council finds that it would be desirable and would further the purposes of Minnesota Statutes, Section 469.152, for the City to finance the costs of the Project under the provisions of the Act in the maximum aggregate face amount of $2,250,000, by issuing its Revenue Bonds, Series 2010 (Interfaith Outreach and Community Partners Project). The City is authorized to issue the Bonds. b) The Project would not be undertaken but for the availability of Industrial Development bond financing under the Act. 4 Page 9 c) The loan payments or other amounts payable by the Corporation to the City under the Loan Agreement, as hereinafter defined, shall be sufficient to pay the principal of, and interest and redemption premium, if any, on, the Bonds as and when the same shall become due and payable. d) There is no litigation pending or, to the best of its knowledge, threatened, against the City relating to the Project or the Bonds or the Bond Documents, as hereinafter defined, or questioning the organization of the City or its power or authority to issue the Bonds or to execute and deliver the Bond Documents required to be executed by the City. e) The execution and delivery of, and the performance of the City's obligations under, the Bonds and the Bond Documents do not and will not violate any material order of any court or other agency of government, or any material provision of any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. f) No Councilmember (i) has a direct or indirect interest in the Project, the Bond Documents or the Bonds, (ii) has a direct or indirect interest in the Corporation, or iii) has received or will receive any commission, bonus or other remuneration for or in respect of the Project, the Bond Documents or the Bonds. SECTION 2 Determination To Proceed with the Project and Its Financing 2.1. Award. The sale of the Bonds is hereby awarded to Anchor Bank, National Association (the "Purchaser"), and the Mayor and City Manager are hereby authorized and directed on behalf of the City to execute and deliver the Bonds to the Purchaser, subject to the conditions provided in Section 2.2 hereof, upon the terms and in the form provided herein. 2.2. Conditions to Issuance. All details of the Bonds and the provisions for payment thereof shall be subject to final approval of the Project by the Minnesota Department of Employment and Economic Development (the "Department") and may be subject to such further conditions as the City may specify. 2.3. Limited Liability. No covenant, provision or agreement of the City herein or in the Bonds, the Bond Documents or in any other document executed by the City in connection with the issuance, sale and delivery of the Bonds, or any obligation herein or therein imposed upon the City or breach thereof, shall give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers or shall obligate the City financially in any way except with respect to the Loan Agreement, as hereinafter defined, and the application of revenues therefrom and the proceeds of the Bonds. No failure of the City to comply with any term, condition, covenant or agreement herein or therein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges except to the extent that the same can be 5 Page 10 paid or recovered from the Loan Agreement or revenues therefrom or proceeds of the Bonds. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general funds or taxing powers of the City. In making the agreements, provisions and covenants set forth herein and in the Bond Documents, the City has not obligated itself except with respect to the Loan Agreement and the application of revenues thereunder and the proceeds of the Bonds. The Bonds constitute a special obligation of the City, payable solely from the revenues pledged to the payment thereof pursuant to the Loan Agreement, and do not now and shall never constitute an indebtedness or a loan of the credit of the City, the State of Minnesota or any political subdivision thereof or a charge against the City's general taxing powers within the meaning of any constitutional or statutory provision whatsoever. The Bonds shall also not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except upon the revenues specifically pledged to the payment thereof. SECTION 3 Approval of Documentation 3.1. Approval of Bond Documents. Forms of the following documents relating to the issuance of the Bonds (the "Bond Documents") have been submitted to this Council and are now on file in the office of the City Clerk: a) a Loan Agreement (the "Loan Agreement"), between the City and the Corporation, whereby, among other things, the City has agreed to sell the Bonds to provide funds to be loaned to the Corporation to pay the costs of the Project, and the Corporation has agreed to make loan repayments sufficient to pay debt service on the Bonds when due, and to pay related costs, expenses and fees of the City; b) a Pledge Agreement (the "Pledge Agreement"), between the City and the Purchaser; c) a Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Financing Statement (the "Mortgage"), from the Corporation to the Purchaser; d) a Disbursing Agreement (the "Disbursing Agreement"), between the Purchaser, the Corporation and the Title Agent (as defined therein); and e) the Bonds. The forms of Bond Documents referred to above are approved. The rate of the Bonds shall not exceed 8.00%. The Bond Documents required to be executed by the City shall be executed in the name and on behalf of the City by the Mayor and City Manager in substantially the form on file, but with such changes therein, not inconsistent with the Act or other law or this Resolution, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof. The Mayor and the City Manager are also authorized and directed to execute such closing certificates and other documents as may be necessary to complete the issuance and delivery of the Bonds, such officers' approval of which shall be conclusively evidenced by the execution thereof. 6 Page 11 3.2. Approval of Application. The Application to the Department (the "Application"), with attachments, is hereby approved, and the Mayor and City Manager are authorized to execute said documents on behalf of the City. In accordance with Section 469.154, Subdivision 3 of the Act, the Mayor and City Manager are hereby authorized and directed to cause the Application to be submitted to the Department for approval of the Project. The Mayor and City Manager and other officers, employees and agents of the City are hereby authorized and directed to provide the Department with any information needed for this purpose. SECTION 4 General 4.1. Execution and Delivery of Bonds. The Bonds shall be executed by the facsimile signatures of the Mayor and the City Manager, and the Bonds shall be delivered to the Purchaser upon payment of the agreed purchase price therefor, and upon receipt by the Purchaser of the signed legal opinion of Dorsey & Whitney LLP, of Minneapolis, Minnesota, bond counsel, and the other documents required by the Bond Documents and the City. 4.2. Information Required. The Mayor, City Manager and other officers of the City are authorized and directed to prepare and furnish to Dorsey & Whitney LLP, bond counsel, the Corporation, and the Purchaser certified copies of all proceedings and records of the City relating to the Project and the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 4.3. Costs. The Corporation has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project, including the City's fee, whether or not the Project is carried to completion and whether or not the Bonds or Bond Documents are executed. 4.4. Ongoing Compliance. The Mayor and City Manager are directed, if the Bonds are issued and sold, thereafter to comply with the provisions of Section 469.154, Subdivisions 5 and 7 of the Act. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. 7 Page 12 rp)City of Agenda 8 . 1PlymouthNumber: v Adding Qgdity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Doran Cote, P.E., Director of Public Works September 28, 2010 Reviewed by: Consider Agreement Regarding Transfer of Certain Improvements between Homeowner's Item: Association and City of Plymouth — Cimarron Ponds Homeowner's Association City Project No. 9113 1. ACTION REQUESTED: Adopt resolution approving Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth with Cimarron Ponds Homeowner's Association, City Project No. 9113. 2. BACKGROUND: The City's Policy Relating to Accepting Private Streets into City Street System was adopted in 1995 but its origins go back to 1990. The matter of homeowners who live on private streets yet pay taxes just as those who live on public streets was the primary issue debated at the time. The issue of public maintenance of private streets was referred to the City's Special Assessment Committee for consideration. Their main issue dealt with what condition the private street needed to be in to be considered for City maintenance. In 1991, the Special Assessment Committee recommended to the City Council that the City not provide maintenance of private streets. In 1994, the Cimarron East Homeowner's Association (HOA) submitted a request that the City explore the possibility of undertaking maintenance of the private streets in their development. Staff was directed to prepare a policy for City Council consideration which would state the conditions under which the City would assume the maintenance and reconstruction responsibility for existing private streets. The City also formed a Private Street Subcommittee to assist in developing the policy. In December, 1995, the City's Policy Relating to Accepting Private Streets into City Street System was adopted by the City Council. In late 2005, City staff received a petition representing 81% of the residents from Cimarron Ponds requesting a public improvement which included taking over all the private streets in Cimarron Ponds through reconstruction of 10th Avenue, 12th Avenue, and the adjacent cul-de-sacs. In accordance with the City's policy relating to accepting private streets into the City street system in place at that time, the petition also stated that the estimated assessment amount per homeowner in Cimarron Ponds Page 1 would be between $7,000 and $13,000. In June, 2009, the City Council conducted a public improvement hearing for the proposed street reconstruction project. The City Council chose to take no action on the proposed improvements. In 2009, the City Council approved changes to the policy to require that any HOA that requests the City assume maintenance of their street must first meet the criteria set forth in the policy. Staff would formally respond to the HOA by providing a preliminary indication whether the private streets would be accepted for public maintenance. If the policy criterion is met and staff's response is affirmative, the HOA must approve an Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth in order to proceed. This agreement allows the HOA to bring the private street to City standards by undertaking improvements themselves or the HOA can request the City to undertake the improvements. If the HOA desires to have the City undertake the improvements, the HOA must escrow with the City funds to cover the City's out-of-pocket costs in preparing and administering the agreement. Once the agreement is approved by the HOA and funds are escrowed with the City, the agreement would be brought to the City Council for consideration and execution. The HOA must also approve a Public Improvement Assessment Agreement prior to awarding a contract for any improvements to the private street. In August, 2010, the Cimarron Ponds HOA submitted a formal request for the City to assume responsibility for the maintenance of their streets as set forth in the City policy. Staff formally responded to their request that if the streets were upgraded they would meet the criteria set forth in the policy. The Cimarron Ponds HOA subsequently signed and submitted an Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth for their streets along with a check for $90,000 to be escrowed with the City for any costs incurred in administering the agreement. The Association is now seeking City Council approval of the agreement so that they may proceed with the process of having the City undertake the improvements needed for the streets to be transferred to the City for perpetual maintenance. 3. BUDGET IMPACT: The total estimated project cost for reconstruction of the streets in Cimarron Ponds is approximately $2,335,000, of which $1,500,000 would be assessed. The Cimarron Ponds HOA properties would be assessed 70% of the street reconstruction costs and the 40% of the mill and overlay costs would be assessed to all of the properties. 4. ATTACHMENTS: Map 2009 Policy Relating to Accepting Private Streets into the City Street System Formal Request from Cimarron Ponds HOA Formal Response from Staff Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth Resolution Page 2 POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has several miles of privately owned streets for which the City provides no maintenance services. Periodically, the private street owners, generally homeowner's associations (HOAs), inquire about the possibility of having the City assume ownership and ongoing maintenance of their streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. The City finds that only the private streets in the following subdivisions potentially meet the criteria of this resolution and will be considered: Plymouth Creek, Cimarron East, Cimarron Ponds, Chelsea Woods, Chelsea Condominiums, and Mission Ponds 1St and 2na Policy 1. To be considered for acceptance by the City as a Public street, the private street must meet the following requirements: a) Must be able to have a defined right-of-way as a separate legal parcel or easement on a separate legal parcel. b) Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). C) The private street was approved as part of the City subdivision approval process. Driveways or common drives will not be considered as private streets. d) The minimum right-of-way is 40 feet (20 feet either side of the roadway centerline), with structure setback a minimum of 20 feet from the edge of roadway. e) Accepting the streets must serve a public purpose. f) The private streets must meet City design standards. If the streets do not meet City standards, they must be upgraded in order to do so. 2. An agreement, provided by the City and in the City's format, must be approved by the majority percentage specified in homeowner's association documents to give public ownership or easement, The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. Page 4 3. Upon receipt of the agreement, the City will perform an engineering study on the private streets, identifying condition, maintenance, and safety issues. Aprivate street will be considered for acceptance into the City's street system only if the engineering study indicates that the street will require reconstruction.. Street width will be based on neighborhood considerations and City street width standard in effect at the time of reconstruction. 4. If recommended by the engineering study, the City will preliminarily accept the streets. At the time of this determination, the estimated assessment for street improvements will be calculated for each property, and neighborhood meetings will be held to explain the City's street reconstruction program to residents. 5. At the time of preliminary acceptance of the private street into the City system, the assessment for reconstruction shall be calculated on the following basis: a. Homeowner pays 70% of the total cost of the project; except the homeowner must pay 100% of cost to add concrete curb and gutter if non—existing and 100% of the storm sewer if it is determined in the engineering study to be inadequate. b. City pays 30% of the total cost of the project excluding those items identified above as being assessed 100% to the homeowner. 6. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 7. When accepting a private street as a public street, no special consideration for maintenance (e.g. snow removal), will be given priority over public street maintenance policies and procedures. The City Council's final action to accept a private street as a public street shall be a combined action including: a) Adopting the assessments for street reconstruction. b) Accepting the easements. c) Accepting the street. d) Awarding a contract for street reconstruction. 9. The final action will occur after all required public hearings with notification to property owners. Page 5 August 11, 2010 Doran Cote I Public Works Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Doran, On August 10, 2010, the Board of Directors of the Cimarron Ponds Homeowner's Association approved a resolution authorizing me to request the City of Plymouth assume maintenance of our streets per the criteria as set forth in the City policy. Based on a legal opinion from David Hellmuth, Hellmuth & Johnson P L L C, the Board was advised that the Association could grant an easement to the City of Plymouth for maintenance purposes. The opinion says in part that 'the granting of the easement would not require homeowner approval, as this right falls under the Board of Directors' powers provisions." Additionally we would like to request that the City also consider a bid alternate to include replacement of the driveways on a bill -back basis to the Association. Thank you very much for your assistance, patience and guidance in revisiting this opportunity. We apologize for past misunderstandings and enthusiastically look forward to undertaking this project next year. Best regards, Maria Vasiliou Board Member Cimarron Bonds Homeowners' Association cc: Lyle Day, President Page 6 POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has several miles of privately owned streets for which the City provides no maintenance services. Periodically, the private street owners, generally homeowner's associations (HOAs), inquire about the possibility of having the City assume ownership and ongoing maintenance of their streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. The City finds that only the private streets in the following subdivisions potentially meet the criteria of this resolution and will be considered: Plymouth Creek, Cimarron East, Cimarron Ponds, Chelsea Woods, Chelsea Condominiums, and Mission Ponds 1St and 2nd Policy 1. To be considered for acceptance by the City as a Public street, the private street must meet the following requirements: a) Must be able to have a defined right-of-way as a separate legal parcel or T easement on a separate legal parcel. MET b) Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). C) The private street was approved as part of the City subdivision approval 1v1ET process. Driveways or common drives will not be considered as private streets. d) The minimum right-of-way is 40 feet (20 feet either side of the roadway T centerline), with structure setback a minimum of 20 feet from the edge of roadway. TBD e) Accepting the streets must serve a public purpose. NOT f) The private streets must meet City design standards. If the streets do not meet City standards, they must be upgraded in order to do so. 2. An agreement, provided by the City and in the City's format, must be approved by the majority percentage specified in homeowner's association documents to give PROVIDED TO HOA public ownership or easement, The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. Page 7 3. Upon receipt of the agreement, the City will perform an engineering study on the private streets, identifying condition, maintenance, and safety issues. A private street will be considered for acceptance into the City's street system only if the engineering study indicates that the street will require reconstruction.. Street width will be based on neighborhood considerations and City street width standard in effect at the time of reconstruction. 4. If recommended by the engineering study, the City will preliminarily accept the streets. At the time of this determination, the estimated assessment for street improvements will be calculated for each property, and neighborhood meetings will be held to explain the City's street reconstruction program to residents. 5. At the time of preliminary acceptance of the private street into the City system, the assessment for reconstruction shall be calculated on the following basis: a. Homeowner pays 70% of the total cost of the project; except the homeowner must pay 100% of cost to add concrete curb and gutter if non—existing and 100% of the storm sewer if it is determined in the engineering study to be inadequate. b. City pays 30% of the total cost of the project excluding those items identified above as being assessed 100% to the homeowner. 6. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 7. When accepting a private street as a public street, no special consideration for maintenance (e.g. snow removal), will be given priority over public street maintenance policies and procedures. 8. The City Council's final action to accept a private street as a public street shall be a combined action including: a) Adopting the assessments for street reconstruction. b) Accepting the easements. C) Accepting the street. d) Awarding a contract for street reconstruction. 9. The final action will occur after all required public hearings with notification to property owners. Page 8 AGREEMENT REGARDING TRANSFER OF CERTAIN LNIPROVEIIENTS BETWEEN HONMEON NER'S ASSOCIATION AND CITY OF PLYIIOti TH This agreement is entered into as of 44Y5 , 2010 between the City of Plymouth City") and Cimarron Ponds Homeowner's Association (Association"). RECITALS A. The Association is the fee owner of certain improvements (the "Improvements") located in Cimarron Ponds and Cimarron Ponds 2ad Addition. B. The Association wishes to transfer ownership, operation, and maintenance of the Improvements to the City. C. The City is willing to accept the Improvements and be responsible for their future maintenance and operation, if the Improvements meet City standards. Now therefore in consideration of the mutual covenants and conditions set forth in this agreement, the City and the Association agree as follows: ARTICLE ONE ASSOCIATION'S FORMAL REQUEST FOR ACCEPTANCE OF LIDIPROVEMENTS 1.01. The Improvements that the Association wishes to transfer to the City are listed in Exhibit A to this agreement. 1.02. The Association will field locate and mark, or will cause to have located and marked, at the Association's expense, each of the Improvements listed in Exhibit A as well as private watermain, sewer, storm sewer, electric, gas and telecommunications utilities. 1.03. The Association will provide to the City the as -built plans and any existing maintenance records for each of the Improvements. 1.04. The City will provide a preliminary indication as to whether it will accept each of the Improvements. ARTICLE TWO CONDITIONS FOR ACCEPTANCE OF IMPROVEMENTS 2.01. Any Improvement under consideration for acceptance by the City must be inspected for conformance to the City's standards and for conformance to the City's standard detail specifications. The City will not accept items that do not conform to those standards. Items that do not conform will be identified by the City and must be repaired, replaced or upgraded before acceptance by the City. KRc-2 i4124v2 1 BR2 io-5466 Page 9 2.02. Qy to U grade Improvements. The Association may elect to have the Improvements upgraded to City standards in accordance with City's Policy Relating to Accepting Private Streets into the City System. By signing below, the Association makes known their desire to have the ImproveWrits_upgraded by the City. W City shall, at tMir discretion; make the determination whether to proceed with the Improvements. The City will provide the preliminary indication as identified above, however, the City Council shall make the final determination whether to undertake the Improvements. If the upgrades are undertaken by the City, the following requirements shall apply: 2.02.1. Assessment A-reement. The Association must approve an assessment agreement to be assessed their portion of the Improvement costs. If the assessments are challenged, the Association is responsible for all costs incurred by the City due to said challenge. 2.02.2. Association Property. The City may, at their discretion, chose to assess the Association's portion of the Improvement costs to a commonly owned property of the Association. 2.03. Association to Lrpgade improvements. The Association may elect to upgrade the Improvements so that they comply with City standards provided pians and specifications are approved by the City ("Approved Plans"). By signing below, the Association makes known their desire to have the Improvements upgraded by the Association. If the upgrades are undertaken by the Association, the following requirements shall apply: 2.03.1. Staking, Surveying and Inspections. The Association., through its engineer, must provide all staking, surveying and inspection records for the improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for general inspection. The Association must notify the City of all tests to be performed. 2.03.2. Unsatisfactory Labor or Material. In the event that the City rejects as defective or unsuitable any material or labor supplied by the Association, then the rejected material must be removed and replaced with approved material and the rejected labor must be done again to the Approved Plans and approval of the City and at the sole cost and expense of the Association. KRC-214124v2 BR270-545 Page 10 2.03.3. Time for Association's Performance. Improvements that require upgrading are to be completed within 90 days after the date of this Agreement, unless extended by the City Engineer. 30 day extensions must be requested by the Association in writing with details explaining the need for the extension. 2.03.4. Maintenance of Improvements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the City. Tne Association hereby agrees to indemnify and held the City harmless from any and all claims for darnages of any nature whatsoever arising out of Association's acts or omissions in performing the obligations imposed upon Association by this paragraph. 2.03.5. Additional Work or Materials. All work covered by this Agreement shall be done at no expense to the City. The Association shall not do any warp or furnish any materials not covered by the Approved Plans -unless such work is first approved by the City. Any such work or materials that may be done or finished by the Association or its contractor without prior written order are furnished at the Association's or contractor's own risk. 2.03.6. As -built Plans. Upon completion of the work, the Association shall provide the City with a full set of as -Built plans of the upgrades to the improvements in a form. similar to the example provided in Appendix B for City records. 2.03.7. Final lns ep ction/Acceotance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Association's contractor and/or engineer will make a final inspection of the work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Association's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the City Council on the advice of the City Engineer. ARTICLE THREE EASEN EN'i5 42ND CI'T'Y COSTS 3.01. Easements. The Association shall provide in recordable format the necessary easenrients at no cost to the City. These easements shall be in a form acceptable to the City Engineer at their sole discretion. The City shall record the easements promptly after the acceptance of the work by the City Council. 3.02. Payment of City Costs. Upon execution of this Agreement, the Association shall pay a deposit into the escrow account of the City in the amount of 520.00 (twenty dollars) per lineal foot of improvements to be transferred. These monies are to be used by the City to pay its out-of-pocket costs in preparing and administering this Agreement. The out-of-pocket costs to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance, including the work of the City staff and employees. Whenever the balance remaining in L fund is less than $1,000.00 (one thousand dollars), the Association shall, upon request by the City, deposit the amount required to re-establish the fund balance at $5,000.0{i (five thousand ICRC -21 4 1'-4v2 j BR -270-546 Page 11 dollars). Upon completion of all work required by this Agreement, any balance remaining shall be refunded to the Association. ARTICLE FOUR OTHER REQUIREMENTS 4.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Association, the Association's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Association. The Association will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive or limit any immunity from or limitation on liability to which the City is entitled, under Minnesota Statutes, Chapter 466 or otherwise. 4.02. Underground Utilities. The Association shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Association agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 4.03. After acceptance of the Improvements, the City assumes no obligation or duty to maintain them beyond the standards set out in the applicable City policies. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assi mment. The Association may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Severabilitv. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.04. Notices. All notices, certificates or other communications required to be given to City and Association hereunder shall be sufficiently given and shall be deemed given when delivered or KRC-214 t 24v2 4 BR -270-546 Page 12 when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: City Engineer To Association: Cimarron Ponds Homeowner's Association c/o Maria Vasiliou 995 Xene Lane North Plymouth MN, 55447 The City and the Association, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.05. No Third Partv Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. KRC ? 14124v2 sR270-546 5 CITY OF PLYMOUTH By Its Mayor By Its City Manager Page 13 i CIMARRON PONDS HOMEOWNERS ASSOCIATION, LNC. P.O. BOX 261 a HOPKINS, MN 55343 My " PH. (952) 473-0395 Y PAY TO L"riE _ _ x I niRDE7t JT M5 rtEC7C tSGEL:VE,9^ ?.a WEMT^.N „ M1Gt:.7l;t tia'i I'm 0.. 063Cl0 SIF' --1:09 L9 L63?8 r: 0 L 5 L-2-3iVE' 04- d ,t Yto![o I Page 14 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND CITY OF PLYMOUTH WITH CIMARRON PONDS HOMEOWNER'S ASSOCIATION WHEREAS, the City has a policy for accepting private streets into the City's street system; and WHEREAS, the Cimarron Ponds Homeowner's Association has submitted a request to have the City assume maintenance of their streets; and WHEREAS, the private streets in Cimarron Ponds would meet the criteria of the policy if they were upgraded to a City standard by reconstruction; and WHEREAS, the Cimarron Ponds Homeowner's Association has submitted a signed Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth for their streets along with a check for $90,000; and WHEREAS, the policy does require the execution of a subsequent Assessment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA approves the Agreement Regarding Transfer of Certain Improvements between Homeowner's Association and City of Plymouth with the Cimarron Ponds Homeowner's Association. Approved this 28th day of September, 2010. Page 15 City of P[ymouth Iridin, Qphty da Life REGULAR COUNCIL MEETING September 28, 2010 Agenda 8.2Number: v To: Mayor and City Council Prepared by: Laurie Ahrens, City Manager Amending City Code Relating to Mayor and Council Item: Salaries 1. ACTION REQUESTED: Adopt the attached ordinance amending the City Code to eliminate the scheduled adjustment in mayor and council salaries for this election cycle. 2. BACKGROUND: Plymouth City Code Section 205.01 provides that following each municipal election, the salary of the mayor and councilmembers shall be adjusted based on the Consumer Price Index (CPI), to become effective January 1. During the recent budget study sessions, the Council indicated a desire to hold these salaries at current levels due to the difficult economy. The attached ordinance would accomplish this. Salaries would again be adjusted according to the CPI in 2012, to be effective January 2013. 3. BUDGET IMPACT: This would result in a savings of approximately $1,500 each year in the General Fund. 4. ATTACHMENTS: Ordinance Page 1 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2010 - AN ORDINANCE AMENDING CHAPTER II OF THE PLYMOUTH CITY CODE CONCERNING THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Section 205.01 of the Plymouth City Code is amended by adding Subd. 4 to provide: Subd. 4. Salary Adjustment. Notwithstanding Subd. 3 of this section the salaries of the Mayor and Council Members shall not be adjusted until 2012 with an effective date of January 2013. SECTION 2. This ordinance shall take effect immediately upon its passage and publication. ADOPTED by the City Council this 28" day of September, 2010. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 2