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HomeMy WebLinkAboutCity Council Packet 10-26-2010.pdfRECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING OCTOBER 26, 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 Recognition to Sergeant Dale Duerkson on his years of service to the City and forthcoming retirement (Mike Goldstein, Police Chief) 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2010-283) 6.03 Approve Resolution supporting the submission of a Hennepin County Environmental Response grant application (property east of Sandpiper Ponds) Res2010-284) 6.04 Accept a change order for additional projects to use remaining stimulus grant dollars and authorize staff to proceed with the recommended projects related to Regular Council Meeting 1 of 3 October 26, 2010 the city's Energy Efficiency and Conservation Block Grant Award (2009020 Res2010-285) 6.05 Approve Tobacco and Gasoline Licenses for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane North (Res2010-286) 6.06 Approve plans and specifications and order advertisement for bids for Wild Wings drainage improvement (7135 — Res2010-287) 6.07 (This item was removed from the agenda) 6.08 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.1) 6.09 Approve request by Schuett Real Estate Group for a one-year extension to the development approvals for Plymouth Memory Care (2008077 — Res2010-288) 6.10 Approve Final Plat and Development Contract for "Taryn Hills 11th Addition" for 22 single-family lots located north of County Road 47 at Fernbrook Lane 2010080-F — Res2010-289, Res2010-290) 6.11 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2) 6.12 Approve purchase of property for the Northwest Greenway (Res2010-291) 6.13 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3) 6.14 Approve revisions to the City Personnel Policy regarding guidelines for a post retirement health care savings plan for eligible retirees (Res2010-292) 6.15 Approve settlement of labor contract with Law Enforcement Labor Services for police officers (Res2010-293) Regular Council Meeting 2 of 3 October 26, 2010 6.16 Approve settlement of labor contract with Law Enforcement Labor Services for sergeants (Res2010-294) 7. PUBLIC HEARINGS 7.1 Off -Sale 3.2 Liquor License applications for Northern Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane North (Res2010-295) (Approved) 7.2 Assessment hearing for 2010 Mill and Overlay Project on 36th Avenue from Highway 169 to Zachary Lane and Nathan Lane/Old County Road 15/Revere Lane (10005 — Res2010-296, Res2010-297, Res2010-298) (Approved) 8. GENERAL BUSINESS 8.1 Declare adequacy of petition, order preparation of report, and authorize engineering work for Suncourt Improvement (11006 — Res2010-299, Res2010- 300) (Previously item No. 6.08) (Approved) 8.2 Approve amended budget for West Medicine Lake Park Pedestrian Bridge Project (Res2010-301) (Previously item No. 6.11) (Approved) 8.3 Approve Change Order No. 1 and 2 for the Hilde Performance Center project Res2010-302) (Previously item No. 6.13) (Approved) 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Discuss memo on utility markings 9.2 Update on County Road 101 10. ADJOURNMENT (7:58 p.m.) Regular Council Meeting 3 of 3 October 26, 2010 6.01 Proposed Minutes Special Council Meeting October 12, 2010 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:40 p.m. in the Medicine Lake Conference Room, 3400 Plymouth Boulevard, on October 12, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Willis, Stein, Black, Murdock (5:45 p.m.), Bildsoe (6:00 p.m.), and Johnson (6:28 p.m.) ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Housing Manager Barnes, Planning Manager Senness, City Engineer Moberg, Administrative Services Director Portner, and City Clerk Engdahl. Plymouth Shopping Center Site, Highway 55 Representatives from Oppidan continued their discussion with the Council from the September 28 meeting regarding redeveloping the Plymouth Shopping Center site on Highway 55. They indicated their desire to remove the current service road in front of the property and make it loop around the back and into the property at an approximate cost of $2.5 million to $3 million. They stated they are planning for two phases to this project with the first phase involving the restaurant, senior housing, and front road realignment, and the second phase perhaps being small officer user. Councilmember Stein stated the proposed alignment of County Road 73 would be acceptable to him. Councilmember Murdock requested the developer to consider the concept of residential apartment) use on top of a commercial use. The developers indicated that the residential market is a challenge with the current economy. They would be willing to sketch plans for the Council for that type of use, but this evening, they are presenting to the Council what they know will succeed. Councilmember Willis asked what elements of their development are they requesting tax increment financing. The developers replied they would like to use tax increment financing for the public roadway realignment, utility extensions and relocations, any land that is purchased and isn't netted out, and any ponding they create for the drainage of the roadway. Proposed Minutes 1 of 2 Special Meeting of October 12, 2010 Page 1 Mayor Slavik stated it would be difficult to communicate to residents that tax increment financing was used for a development that could potentially have a fast food restaurant. Therefore, she asked staff if the tax increment financing could be used for the senior housing portion of the site. Housing Manager Barnes replied he's unsure if they can remove that parcel due to how the current district is aligned. However, if it's the Council's desire, staff could try to accomplish that goal. Councilmember Black asked how soon Outlot D would be developed. The developers replied approximately three years. They stated if the necessary approvals are given, they anticipate having the site ready for construction in May 2011. Councilmember Black asked what the senior housing component would consist of. The developers replied assisted living and memory care. Councilmember Black stated her preference for Outlot D would be service uses to compliment the adjacent park and ride facility. She agreed with Councilmember Murdock that multi -housing on top of retail shops would be ideal. She stated she's supportive of senior care but also interested in another housing component that would utilize the whole site. The developers thanked the Council for the opportunity to meet with them this evening. Mayor Slavik stated she still has issues with the use of tax increment financing for a fast food restaurant, but she supports the senior housing component. Future Study Sessions The Council scheduled a study session on November 9 at 5:30 p.m. to discuss the 2011-2015 Capital Improvement Program and the discussion of Vicksburg Lane from Highway 55 to County Road 6. Adiournment Mayor Slavik adjourned the meeting at 6:37 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of October 12, 2010 Page 2 Proposed Minutes Regular Council Meeting October 12, 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 October 12, 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, Fire Chief Kline, Police Chief Goldstein, Community Development Director Juetten, City Forester Buck, Housing Manager Barnes, Water Resources Engineer Asche, City Engineer Moberg, Recreation Superintendent Evans, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Award of Excellence from the Minnesota Recreation and Parks Association for the Millennium Garden Phase II Project and the Healthy Living Fair Steve Benoit, Elk River Parks and Recreation, presented awards for Healthy Living Fair Event and Phase 2 of the Millennium Garden to the Council. 4.02) Planting Plymouth Proud Award City Forester Buck announced this year's Planting Plymouth Proud Award winners are Leroy and Patricia Lind, 440 Sycamore Circle, and St. Barnabus Lutheran Church, 15600 Old Rockford Road. 4.03) 2010 Blue Star Award Trevor Russell, from Friends of the Mississippi River, presented the 2010 Blue Star Award to the City. Proposed Minutes 1 of 4 Regular Meeting of October 12, 2010 Page 3 Mayor Slavik reported that Councilmember Black recently received the Outstanding Contribution Award and the Lifetime Stewardship Award from the Minnehaha Watershed District. Mayor Slavik announced the Fire Department's open house on October 16 from Noon -3:00 p.m. at Fire Station III. Approval of Agenda The utility markings memorandum, which was included in the October 1 Council Information Memorandum, was added under General Business as item No. 8.1. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to approve the amended a egnda. With all members voting in favor motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt the Consent Agenda that included the followingitems: tems: 6.01) Approval of Special and Regular Meeting Minutes of September 28. 6.02) Resolution Approving Disbursements ending October 2 (Res2010-274). 6.03) Resolution Approving Change Order No. 1 and Payment No. 6 and Final for Four Seasons Well Facility Rehabilitation (7114 — Res2010-275). 6.04) Resolution Approving Request for Payment No. 2 and Final for City Project No. 10010 Res2010-276). 6.05) Resolution Approving a Home Occupation License for Laura Harding to Operate a Piano Studio out of the Home located at 4855 Evergreen Lane North (2010074 — Res2010-277). 6.06) Resolution Approving a Conditional Use Permit to Allow an Attached Garage Exceeding 1,000 Square Feet for Property located at 17530 28th Avenue North (2010076 - Res2010-278). With all members voting in favor, the motion carried. Public Hearings 7.1) Delinquent Utilities and Other Charges Proposed Minutes 2 of 4 Regular Meeting of October 12, 2010 Page 4 Administrative Services Director Portner reported on the proposed assessments. Mayor Slavik opened the public hearing for testimony. Mayor Slavik closed the public hearing. Mayor Slavik requested the Council table the assessment for 1030 Garland Lane North to the October 26 meeting. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Approving Lev3jng Assessment for Delinquent Utility Accounts, Diseased Trees and Weed Eradication Charges (Res2010-279) with the exception of the assessment for 1030 Garland Lane North which is tabled to October 26. With all members voting in favor, the motion carried. 7.2) Assessment Hearing for the Campus Drive Mill and Overlay (8107) City Engineer Moberg reported on the proposed assessments. Mayor Slavik opened the public hearing for testimony. Mayor Slavik noted that the property owner of 2700 Campus Drive has filed with the City Clerk a written appeal on their assessment. Mayor Slavik closed the public hearing. Assessments up to $5,000 (8107 - Res2010-280), Resolution Adopting Assessments for Campus Drive/26th Avenue and Overlav Proiect for Assessments from $5.001-$10.000 (8107 - Res2010- for Assessments $10,001 and Higher (8107 - Res2010-282) With all members voting in favor, the motion carried. General Business 8.1) Utility Markings Memorandum Councilmember Black requested that this item be placed on the October 26 agenda so the Public Works Director is present to address this. With the Council in agreement, Mayor Slavik directed staff to place this item on the October 26 agenda. Proposed Minutes 3 of 4 Regular Meeting of October 12, 2010 Page 5 Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 7:38 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 4 of 4 Regular Meeting of October 12, 2010 Page 6 rp)City of Plymouth Adding Quality to life REGULAR COUNCIL MEETING October 26, 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 October 16, 2010 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending October 16, 2010. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending October 16, 2010. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 10.16.10/Council meeting 10.26.10 FUND 100 General Fund 525,149.15 200 Recreation Fund 19,905.60 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 258,877.10 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 0.00 254 HRA Section 8 Fund 0.00 254 HAP Check Summary 1,402.08 258 HRA General Fund 1,526.65 300 1998C GO Activity Center 0.00 302 2003B GO Street Reconstruction 0.00 305 2004A GO Public Safety 0.00 307 1998A -TIF #7-5A Rottland 0.00 308 2005A TIF #1-1 0.00 400 General Capital Projects Fund 76,049.43 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 0.00 407 Project Administration Fund 0.00 408 Park Construction 0.00 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 2,227.25 413 Improvement Project Construction 75,375.58 414 Shenandoah Administration 0.00 416 Public Safety Expansion 0.00 851 HRA Senior Apt. Constr Fund 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 0.00 421 Enterprise -Other Construction 4,568.81 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #7-4 P.T.P (Const) 0.00 423 TIF # 7-5 Rottlund (Const) 0.00 424 TIF #7-6 Continental (Const) 0.00 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const) 0.00 427 TIF #7-8 Shops @ Plymouth Creek 0.00 428 TIF HRA Senior Apt. Constr. Fund 0.00 429 TIF HRA 1-3 Crossroads Station 0.00 431 CON -2010A Open Spaces 6,200.00 500 Water Fund 72,923.59 510 Water Resources Fund 15,518.31 520 Sewer Fund 54,998.79 530 Solid Waste Management Fund 50,039.42 540 Ice Center Fund 5,007.86 550 Field House Fund 66.71 600 Central Equipment Fund 34,349.19 610 Public Facilities Fund 76,954.75 620 Information Technology Fund 5,527.15 630 Risk Management Fund 7,226.90 640 Employee Benefits Fund 202,666.14 650 Design Engineering 0.00 660 Resource Planning 0.00 851 Vicksburg Crossing 0.00 0.00 Total Invoice Expense Distribution: 1,496,560.46 Page 2 ma! City of Plymouth Check 113818 Date Paid:10/08/2010 Inv.1824999 09/15/2010 Check 113819 Date Paid:10/08/2010 Inv. 0126281 IN 09/14/2010 Check Payment Register 10/03/2010 to 10/16/2010 Able Hose & Rubber Inc 30 4" suction hose,2 4" bauer clamp ABM Equipment & Supply, Inc. Unit 244 tail gate repair Amount: $399.63 399.63 Amount: $761.37 761.37 Check 113820 Date Paid: 10/08/2010 Acme Tools Amount: $205.17 Inv. 406057 09/03/2010 18V XRP battery combo pack 106.86 Inv. 411411 09/09/2010 6" Electronic digital caliper 80.15 Inv. 423010 09/16/2010 Headgear w/visor 18.16 Check 113821 Date Paid: 10/08/2010 Action Fleet Inc Amount: $684.58 Inv. 6597 09/27/2010 41 Pre emption power supply 227.61 Inv. 7627 09/20/2010 2 Light Vertex, Surface Mount, & Service Labor 456.97 Check 113822 Date Paid:10108/2010 Inv.596833 09/29/2010 Check 113823 Date Paid:10/0812010 Inv.3017141700 09/16/2010 Check 113824 Date Paid:10/08/2010 Inv.0031520IN 09/16/2010 Check 113825 Date Paid:10/08/2010 Inv.100930 09/30/2010 Check 113826 Date Paid:10/08/2010 Inv.021208470 09/14/2010 Check 113827 Date Paid:10/0812010 Inv. 101004 10/04/2010 Check 113828 Date Paid:10/08/2010 Inv. CPWO6408231 09/13/2010 Inv. WO6440261 09/14/2010 Inv. WO6448321 09/17/2010 Inv. W06475501 10/04/2010 Adam's Pest Control, Inc. Amount: $74.81 Sep'10 PCC Pest Control 74.81 Anchor Paper Company Amount: $2.64 26 Paper by the pound/FD anniv splys 2.64 Athletica/Sport Systems Unlimited Amount: $395.44 IC Lexan ad panels 395.44 Barton Sand & Gravel Co Amount: $12,001.17 9.16/9.30.10 633.19ton gravel/washed sand $12,001.17 Batteries Plus 2-12v Wesley Bendickson Move 4 trees @ Plymouth blvd Bertelson Total Office Solutions Cr inv WO6408231 return dryline corr tape PS 5 CD/DVD strg case hang file folder index tabs Yellow pads,Ballpoint Pens,Laser Labels,VM Log Bk Amount: $246.88 246.88 Amount: $500.00 500.00 Amount: $158.52 24.57) 76.15 2.23 104.71 Check 113829 Date Paid: 10/08/2010 Boyer Trucks Amount: 4,168.88 Inv. 446048 09/27/2010 Filler Cap 13.80 Inv. 450266 09/14/2010 Unit 31 T-11 engine work 4,155.08 Check 113830 Date Paid:10/08/2010 C S McCrossan Construction Inc Amount: 9,202.44 Inv. 8456MB 09/13/2010 9.13.10 33.52tons LVWE45030B Rap 1,486.73 Inv. 8463MB 09/16/2010 9.14/9.16.10 173.96ton LVWE45030B Rap 7,715.71 Check 113831 Date Paid:10/08/2010 CDW Government Inc Amount: 939.20 Inv. TWT0246 09/14/2010 Barcode printer&scanner 792.88 Inv. TXC3319 09/15/2010 WASP Labeler V6 Software 98.23 Inv. TXK4898 09/16/2010 Resin Ribbon 22.44 Inv. TXL7470 09/17/2010 Poly Label Roll w/Pert 25.65 Page 3 Page 1 of 17 10/18/2010 Check 113832 Date Paid: 10/08/2010 Central Wood Products Inv. 13248 09/14/2010 9.14.10 90yd Rec step plygrnd mulch Check 113833 Date Paid: 10/08/2010 City of Maple Grove Inv. 12414 09/14/2010 Aug'10 Dog Impounds Check 113834 Date Paid: 10/08/2010 Comcast Inv. 100924 09/24/2010 Oct'10 PW Dataline Check 113835 Date Paid: 10/08/2010 Commercial Asphalt Co. Inv. 100930 09/24/2010 9.24.10 2.13ton 42A Wear 6.1% Check 113836 Date Paid: 10/08/2010 County Materials Corporation Inv. 175343200 09/15/2010 10 2x2x6 coffin blocks Inv. 175344400 09/15/2010 10 2x2x6 Coffin blocks Amount: $1,902.38 1,902.38 Amount: $812.45 812.45 Amount: $59.95 59.95 Amount: $113.81 113.81 Amount: $1,068.76 534.38 534.38 Check 113837 Date Paid: 10/08/2010 Dakota Supply Group Inc Amount: $983.70 Inv. 6619347 09/16/2010 3 MDL120 gl mtr w/int ert,1 2" T200 turbo head $983.70 asy Check 113838 Date Paid: 10/08/2010 Data Recognition Corporation Inv. 206SEPT10 09/28/2010 Sep'10 UB Postage Check 113839 Date Paid: 10/08/2010 DogPoopl3ags.com LLC Inv. 3409 09/16/2010 5 cs Dog clean bags Check 113840 Date Paid: 10/08/2010 DPC Industries Inc Inv. 8270149710 09/14/2010 ZWP 40601b Hydrofluorosilicic Inv. 8270149810 09/14/2010 CWP 91351b Hydrofluorosilicic Check 113841 Date Paid: 10/08/2010 Inv.1106056 09/23/2010 Check 113842 Date Paid: 10/08/2010 Inv.0092890IN 09/14/2010 Check 113843 Date Paid: 10/08/2010 Inv. 001 13771N 09/14/2010 Inv. 001 13781N 09/14/2010 Inv. 001 13791N 09/14/2010 Inv. 001 1380IN 09/14/2010 Inv. 0011381 IN 09/14/2010 Inv. 0011401 IN 09/16/2010 Check 113844 Date Paid: 10/08/2010 Inv.IN952778 09/16/2010 Dynamic Communications Inc 9.22.10 Deaf interpreter w/police/fire Earl F. Andersen Inc. 18X24 Small Dog Area Signs Electrical Installation & Mnt TH169&36th Ave N signal relamp TH55&CSAH 24 signal relamp Cheshire Ln & Carlson pkwy signal relamp TH55&rockford rd signal relamp Thl69@Schmidt Lk rd signal relamp Fernbrook&Harbor Ln Gopher state one call Evenflo 8 Triumph, 6 Big Kid Factory select/car seats/resale Check 113845 Date Paid: 10/08/2010 Factory Motor Parts Co Inv. 70025973 09/16/2010 Filter Element & Oil Filter Check 113846 Date Paid: 10/08/2010 Inv.2009565 09/03/2010 Check 113847 Date Paid: 10/08/2010 Inv.100928 09/28/2010 Check 113848 Date Paid: 10/08/2010 Inv. 101001 10/01/2010 Check 113849 Date Paid:10/08/2010 Inv.1006590423 09/17/2010 Check 113850 Date Paid:10/08/2010 Page 1 of 17 Ferguson Enterprises Inc Cntrl Cold Annette Fragale 9.28.10 Hoop It Up instruction G F Jedlicki Inc Proj9117 #3/Final Circle Park Improv G&K Services Inc PW Uniform rentals Amount: $3,393.05 3,393.05 Amount: $279.96 279.96 Amount: $5,580.16 1,716.97 3,863.19 Amount: $135.00 135.00 Amount: $95.44 95.44 Amount: $1,404.16 438.16 214.00 107.00 107.00 428.00 110.00 Amount: $1,077.54 1,077.54 Amount: $60.35 60.35 Amount: 24.00 24.00 Amount: 128.00 128.00 Amount: 4,568.81 4,568.81 Amount: 329.61 329.61 Georgetown Leadership Planning Institute Amount: $850.00 Page 4 10/18/2010 Inv. 101014 10/05/2010 Mike Goldstein/Leadership conference 850.00 Check 113851 Date Paid:10/08/2010 Grainger Amount: 893.84 Inv. 9341923127 09/08/2010 titanium Flashlight, Filters, Pocket Knife and 143.22 blades Inv. 9344466421 09/10/2010 72 Lamps, truck decal 102.32 Inv. 9344950309 09/10/2010 2 Ballast Lamps & 10 32W Lamps 161.68 Inv. 9345325832 09/17/2010 Returned CM Sprayer Repair Kit 29.71 Inv. 9345598875 09/13/2010 1 Vehicle recovery strap 129.62 Inv. 9345685656 09/17/2010 Tri Poxy Steel Sprayer 68.73 Inv. 9346369748 09/13/2010 2 pr yellow boot 58.78 Inv. 9347055551 09/14/2010 Urinal rpr kits,toilet rpr kits 63.42 Inv. 9349212036 09/16/2010 1 sz 12 Hip boot 87.97 Inv. 9350440468 09/17/2010 Spanner Wrench & Water Key 43.99 Inv. 9350440492 09/17/2010 CM Sprayer Repair Kit Inv 9345325832 29.71) Inv. 9350678539 09/17/2010 Sprayer Repair Kit 34.11 Check 113852 Date Paid: 10/08/2010 Jack Hanson Amount: 587.81 Inv. 504216 06/25/2010 Taxidermy/Owl/albino squirel 587.81 Check 113853 Date Paid: 10/08/2010 Hawkins Water Treatment Amount: 6,155.29 Inv. 3157138RI 09/13/2010 ZWP 4486gl Azone 15 3,072.91 Inv. 3158388RI 09/16/2010 CWP 4430gl Azone 15 3,082.38 Check 113854 Date Paid: 10/08/2010 Henry's Waterworks Inc Amount: 476.02 Inv. 14523 09/15/2010 8' Curb box w/threads, 60" Stationary curb box 476.02 rod Check 113855 Date Paid: 10/08/2010 Highway 55 Rental Inc Amount: 233.75 Inv. 430880 09/14/2010 Excavatpr rental/ irrig repair 233.75 Check 113856 Date Paid: 10/08/2010 Holiday Fleet Amount: 681.76 Inv. 100921 09/21/2010 8.23/9.21.10 29 E-85 fuel trips 681.76 Check 113857 Date Paid: 10/08/2010 Klein Underground LLC Amount: 2,719.05 Inv. 52589 09/14/2010 2525 Fern brook/ 15' concrete curb,sawing 491.80 Inv. 52590 09/14/2010 CR6&101 sod replacement,20 ton spoils,trfc 2,227.25 control Check 113858 Date Paid: 10/08/2010 Givonna Kone Amount: 253.00 Inv. 100820 09/14/2010 8.19/9.14 lodge Ruttgers/398 Mileage parking 253.00 Check 113859 Date Paid: 10/08/2010 Skeets Langley Amount: 135.00 Inv. 100928 09/28/2010 9.28. 10 Oktoberfest entertainment 135.00 Check 113860 Date Paid: 10/08/2010 Lennar Family of Builders Amount: 1,000.00 Inv. 070502 09/30/2010 R200706441 5.2.07 erosion refund/Taryn Hills 1,000.00 6th Check 113861 Date Paid: 10/08/2010 Liberty Property Ltd Partnership Amount: 12,500.00 Inv. 091109B 10/05/2010 R200905147 11.9.09 Fin Guar refund/4700 12,500.00 Nathan Ln/ATK expansion Check 113862 Date Paid:10/08/2010 Lion Total Care Amount: 182.34 Inv. 10057225 09/16/2010 FD turnout gear repairs 182.34 Check 113863 Date Paid: 10/08/2010 Dana Lodermeier Amount: 54.43 Inv. 100928 09/28/2010 Lunds 9.28.10 Oktoberfest reimb 54.43 Check 113864 Date Paid: 10/08/2010 Lowe's Amount: 420.91 Inv. 101002 10/02/2010 9.8/9.29.10 In Store charges 420.91 Page 5 Page 1 of 17 10/18/2010 Check 113865 Date Paid: 10/08/2010 Lyndale Plant Services Amount: 160.31 Inv. 19703 09/01/2010 Sep'10 Plant Lease/Care 160.31 09/29/2010 Check 113866 Date Paid: 10/08/2010 Matco Tools Amount: 12.16 Inv. 13177 09/17/2010 4" end cutter 12.16 Check 113867 Date Paid: 10/08/2010 Kim Maxwell Amount: 620.00 Inv. Plym10110 10/04/2010 10.1.10 "Cinderella's Daddy Daughter Dance 620.00 Check 113868 Date Paid:10/08/2010 Medicine Lake Tours Amount: 1,742.00 Inv. 101007 10/07/2010 10.7.10 Fall Spooner Train 1,742.00 Check 113869 Date Paid:10/08/2010 MES Inc Amount: 146.81 Inv. 00189121 SNV 09/17/2010 1 sz 10 bunker firefighting boots 146.81 Check 113870 Date Paid:10108/2010 Metro Athletic Supply Inc Amount: 120.14 Inv. 124507A 06/11/2010 Bal owed due to wrong tax calculating 9.74 Inv. 127065 09/13/2010 12-tachikara mini footballs 110.40 Check 113871 Date Paid:10108/2010 MN Dept of Transportation Amount: 466.80 Inv. PA000191441 09/08/2010 8.31.10 lab test/So Shore dr bridge 466.80 Check 113872 Date Paid:10/08/2010 Moody's Investors Service Amount: 6,200.00 Inv. F1768232000 09/23/2010 2010A Bond Issue Open Space 6,200.00 Check 113873 Date Paid:10/0812010 Morrie's Imports Inc Amount: 119.95 Inv. 484191 09/16/2010 1 Switch 19.95 Inv. F6CS418709 09/16/2010 Truck repairs 100.00 Check 113874 Date Paid:1010812010 MTI Distributing Inc Amount: 22.37 Inv. 75906800 09/14/2010 PVC and Slip Fix RPR 22.37 Check 113875 Date Paid:10/08/2010 NAPA Geniune Auto Parts Co Inv. 205704 09/13/2010 Heat shrink tubing Inv. 207683 09/28/2010 Splash G,battery,core deposit Inv. 207917 09/29/2010 Battery/core deposit Inv. 207919 09/29/2010 Core refund/inv 207917 Check 113876 Date Paid:10/08/2010 Inv.100928 09/28/2010 Check 113877 Date Paid:10/08/2010 Inv.33018TA 09/28/2010 Check 113878 Date Paid:10/08/2010 Inv. 100930 09/30/2010 Nelson's Catering 9.28. 10 Oktoberfest catering Amount: $444.11 5.33 322.29 127.18 10.69) Amount: $398.70 398.70 Robert Nesbitt Amount: $726.22 9.16/9.28.10 Mileage, lodging, meals GRT00330 $726.22 New Paper LLC Sep'10 In -House charges Check 113879 Date Paid:10/08/2010 Northern Safety Technology Inv. 25196 09/16/2010 Super strobe helix 1-1/2 turn strobe tube&polished reflector Amount: $67.14 67.14 Amount: $112.53 112.53 Check 113880 Date Paid:10/08/2010 Northern Sanitary Supply Co Inc Amount: $332.33 Inv. 144243 09/17/2010 PM $332.33 aerosol,deodorant,germicidle,towels,dishway,h andsoap, Check 113881 Date Paid:10/08/2010 Inv. 533719643001 09/14/2010 Inv.533719643002 09/15/2010 Inv. 534080426001 09/16/2010 Inv. 534173241001 09/17/2010 Inv. 534237732001 09/17/2010 Office Depot PCC pens,corr tape,pencil lead,ppr clips Badge, Inserts, Plain, 400/BX Message Book, Portfolio, Moistener Bottle & Tube Self Inking Dater Wipes, Duster, Pad, Folder, Markers, Pens Amount: $224.18 13.13 23.59 99.67 20.46 67.33 Page 6 Page 1 of 17 10/18/2010 Check 113882 Date Paid:10/08/2010 Ohio Dept of Public Safety Amount: $438.84 Inv. RAD110003 09/14/2010 Cal radiation detection Radcal 733 $294.36 Inv. RAD110011 09/14/2010 Cal Radiation detection/Radcal 741 $144.48 Check 113883 Date Paid:10/08/2010 Inv. A402089 09/14/2010 Inv. A402641 09/17/2010 Inv. A402642 09/17/2010 Inv. A402643 09/17/2010 Inv. A402644 09/17/2010 Inv. A402645 09/17/2010 Inv. A402646 09/17/2010 Inv. A402647 09/17/2010 Inv. A402648 09/17/2010 Inv. A402649 09/17/2010 Inv. A402650 09/17/2010 Inv. A402651 09/17/2010 Inv. A402652 09/17/2010 Inv. A402653 09/17/2010 Inv. A402654 09/17/2010 Inv. A402655 09/17/2010 Inv. A402656 09/17/2010 Inv. A402657 09/17/2010 Inv. A402658 09/17/2010 Inv. A402659 09/17/2010 Inv. A402660 09/17/2010 Inv. A402661 09/17/2010 Inv. A402662 09/17/2010 Inv. A402683 09/17/2010 Inv. A403102 09/17/2010 Check 113884 Date Paid:10/08/2010 Inv. CL65946A10 09/20/2010 On Site Sanitation Amount: $2,955.32 Armstrong Schl final 8.21/9.3.10 portable toilet $25.12 8/21-9/17/10 Amphitheater #1 157.11 8/21-9/17/10 Bass lake Playfield 50.23 8/21-9/17/10 Dog Park/Eagan Park 50.23 8/21-9/17/2010 East Medicine Lake 89.77 8/21-9/17/10 Elm Creek Playfield 366.58 8/21-9/17/10 Field House Activity CTR/Bubble 50.23 8/21-9/17/2010 Greenwood Elementary School 50.23 9/14-9/17/10 Lacompte Green 7.18 8/21-9/17/10 Maintenance Facility 50.23 8/21-9/17/10 Oakwood Playfield 100.46 8/21-9/17/10 Parkers Lake Beach 456.35 8/21-9/17/10 Parkers Lake Playfield 100.46 8/21-9/17/10 Pilgrim Lane Elementary 50.23 8/21-9/17/10 Plymouth Creek 276.81 8/21-9/17/10 Plymouth Playfield Mid School 276.81 8/21-9/17/10 Ridgemount Playfield 50.23 8/21-9/17/10 Skatepark 89.77 8/21-9/17/10 West Medicine Lake 209.49 8/21-9/17/10 Yard Waste Site 50.23 8/21-9/17/10 Zachary Playfield 106.88 8/21-9/17/10 Zachary Playfield #1&#2 179.54 8/21-9/17/10 Paver Potty 50.23 8/21-9/17/10 Party Potty 10.69 8/21-9/17/10 HCACF Community Gardens 50.23 Otis Elevator Company Oct-Dec'10 CC Elevator Maint Check 113885 Date Paid:10/08/2010 Owens Companies Inc Inv. 36638 09/21/2010 Bass Lk Life Station Replace Handling Unit Belts Check 113886 Date Paid:10/08/2010 Printers Service Inc Inv. 249605 09/16/2010 1 77"Ice Knife Sharpening Check 113887 Date Paid:10/08/2010 Pro -Tech Design Inv. 56283 09/13/2010 PW Fac Door lock down Amount: $705.84 705.84 Amount: $577.93 577.93 Amount: $18.00 18.00 Amount: $915.65 915.65 Check 113888 Date Paid: 10/08/2010 Q3 Contracting Inc Amount: 982.75 Inv. RMN0047077 08/30/2010 5445 Orleans Ln&55th Ave curb/gutter rplcmnt 529.00 Inv. RMN0047080 09/01/2010 5445 Orleans&55th Ave blacktop rplcmnt 453.75 under 6" depth Check 113889 Date Paid:10/08/2010 Quantum Development, Inc. Amount: 169.00 Inv. 100930 09/30/2010 Sep'10 Aerobic dance bldg use 169.00 Check 113890 Date Paid: 10/08/2010 Scott Radke Amount: 50.00 Inv. 100817 10/05/2010 2630 Medicine Ridge Rd/rental license refund 50.00 Page 7 Page 1 of 17 10/18/2010 Check 113891 Date Paid:10/08/2010 Randy's Sanitation Inc Amount: $384.34 Inv. 112118190910 09/17/2010 Sep'10 CWP Rubbish Removal $54.02 Inv. 112572180910 09/17/2010 Sep'10 ZWP Rubbish Removal $63.48 Inv. 114317481010 09/17/2010 Oct'10 PCC Rubbish Removal $266.84 Check 113892 Date Paid: 10/08/2010 Reinders Inc Amount: $95.12 Inv. 300626600 09/16/2010 1 4gl Chapin Pro series sprayer $95.12 Check 113893 Date Paid:10108/2010 Rick Johnson Deer & Beaver Inc Amount: $95.00 Inv. 100930 09/30/2010 Sep'10 1 Dead deer pickup $95.00 Check 113894 Date Paid: 10/08/2010 Royal Tire Inc Amount: $4,962.14 Inv. M030079334 09/24/2010 Unit 203 4 tires for wheel loader $4,192.52 Inv. M210016722 09/24/2010 Unit 203 pull off/send for capping/put back on $769.62 Check 113895 Date Paid:10108/2010 Safelite AutoGlass Amount: $368.66 Inv. 05155125070 09/15/2010 2010.19 Unit 34 Engine 21 windshield repairs $64.95 Inv. 05155125086 09/15/2010 2010.20 Unit 590 windshield rplcmnt $303.71 Check 113896 Date Paid:10/0812010 Science Explorers Amount: $117.00 Inv. 2105 10/05/2010 9.30.10 Silly Slimes $117.00 Check 113897 Date Paid:10/08/2010 SRF Consulting Group, Inc. Amount: $13,505.18 Inv. 07183003 08/31/2010 Proj10017 8.31.10 Parkers Lk Storm Sewer LS $13,505.18 upgrades Check 113898 Date Paid: 10/08/2010 St Paul Linoleum & Carpet Co Inv. 0059826 08/03/2010 Mechanics Office install carpet Check 113899 Date Paid:10/08/2010 Streicher's Inc Inv. 1771386 09/15/2010 4 Name Tags and Tab Dahlson Inv. 1772246 09/17/2010 Mark Friske duty pant Inv. 1773046 09/22/2010 Recoil Spring Assembly G17/22/34/35 Check 113900 Date Paid: 10/08/2010 Suburban Tire Wholesale Inc Inv. 10094378 09/01/2010 4 235/75R17.5 H Han tires Inv. 10094593 09/09/2010 Unit 188 2 P245/75R16 tires Check 113901 Date Paid: 10/08/2010 Inv.1275587 09/16/2010 Check 113902 Date Paid:10/08/2010 Inv.34936 09/13/2010 Check 113903 Date Paid:10/08/2010 Inv.10TF1842 09/15/2010 Sun Newspapers 9.9.10 1655 Evergreen Ln Haz bldg Superior Brookdale Ford Spord stud Taho Sportswear Inc 83 Park&Rec T-shirts Check 113904 Date Paid:10/08/2010 Taylor Electric Company LLC Inv. 38 09/17/2010 Bass Lk LS rmv old TVSS fr switch gear/instl new Inv. 39 09/17/2010 Well House 8 /install two cameras on exterior Check 113905 Date Paid:10/08/2010 Terminal Supply Company Inv. 8358100 09/16/2010 Round Red LED VAN Check 113906 Date Paid:10/08/2010 ThyssenKrupp Elevator Inv. 660154 10/01/2010 Oct'10 PS Elevator Maint Check 113907 Date Paid:10/08/2010 Toll Company Inv. 322460 09/16/2010 Propane Fuel Check 113908 Date Paid:10/08/2010 Total Control Systems Inc Inv. 5353 09/16/2010 Planet Medica converter,wall mount,hubbell Page 1 of 17 Amount: $419.00 419.00 Amount: $158.90 82.51 69.99 6.40 Amount: $1,203.18 996.08 207.10 Amount: $71.50 71.50 Amount: $6.90 6.90 Amount: $300.27 300.27 Amount: $2,593.50 411.00 2,182.50 Amount: $67.14 67.14 Amount: $169.79 169.79 Amount: $90.66 90.66 Amount: $2,894.78 2,371.09 Page 8 10/18/2010 Inv. 5357 09/16/2010 280' fiber optic Zach twr to well #8 523.69 Inv.54100610 Check 113909 Date Paid: 10/08/2010 Town & Country Fence Inc. Amount: 1,750.00 Inv. 23166 09/30/2010 Replace split rail fence 1,750.00 335.00 Check 113910 Date Paid: 10/08/2010 Traffic Marking Services Inc Amount: 5,460.01 Inv. 4965 09/15/2010 2010 Pavement marking 5,460.01 Check 113911 Date Paid: 10/08/2010 Tremco Inc Amount: 1,317.75 Inv. 92379183 08/25/2010 PS/CC roof repairs 442.75 Inv. 92381057 08/27/2010 PW roof repairs 875.00 Check 113912 Date Paid:1010812010 Tri-State Pump & Control, Inc. Amount: 29.15 Inv. 30597 09/13/2010 2 Lead Weights for lift stations 29.15 Check 113913 Date Paid: 10/08/2010 Ultimate Martial Arts Inc Amount: 777.60 Inv. 100930 09/30/2010 Sep'10 TaeKwon Do/Cardio kickboxing 777.60 Check 113914 Date Paid: 10/08/2010 USA Mobility Wireless Inc Amount: 182.81 Inv. T03204901 09/21/2010 9.22/10.21.10 RAD/FF pager rentals 182.81 Check 113915 Date Paid: 10/08/2010 Valley Rich Co Inc Amount: 12,862.76 Inv. 15813 08/17/2010 1910 Olive Ln watermain break repair 2,683.90 Inv. 15826 08/26/2010 5445 Orleans Ln Water main break repairs 3,424.54 Inv. 15838 09/01/2010 2525 Fernbrook Ln watermain break repair 6,754.32 Check 113916 Date Paid: 10/08/2010 Valspar Paint Inv. 002906135 09/09/2010 24 5gl yellow field marking paint Check 113917 Date Paid: 10/08/2010 Vision Internet Providers Inc Inv. 18246 08/01/2010 Aug'10 Web Hosting Inv. 18319 09/01/2010 Sep'10 Web Hosting Check 113918 Date Paid: 10/08/2010 Inv. 5675521 09/01/2010 Check 113919 Date Paid: 10/08/2010 Inv.550015005006 09/01/2010 Check 113920 Date Paid: 10/08/2010 Inv.790636 09/16/2010 Check 113921 Date Paid: 10/08/2010 Inv.11908125 08/26/2010 Check 113922 Date Paid: 10/08/2010 Inv.018670104 09/22/2010 Check 113923 Date Paid: 10/08/2010 Inv. 51626172430910 09/30/2010 Check 113924 Date Paid:10/08/2010 Inv.54100605 09/22/2010 Inv.54100608 09/22/2010 Inv.54100610 09/22/2010 Inv. 54100611 09/22/2010 Waste Management Services Aug'10 Curbside/Drop off less passback Recycle Waste Management Services Aug'10 IC Rubbish Removal The Watson Company IC Concession food resupply Weld and Sons Plumbing Inc PW water heater repairs WSB & Associates 8.31.10 8th Ave Reconstruction Amount: $1,024.72 1,024.72 Amount: $200.00 100.00 100.00 Amount: $49,952.67 49,952.67 Amount: 742.20 742.20 62,648.62 Amount: 500.18 500.18 Amount: $688.87 Amount: 457.00 457.00 65.62 Amount: 335.00 335.00 196.44 Xcel Energy Amount: $62,648.62 8.14/9.15.10 PCC,HS,CC,PS,FS3, Residential 62,648.62 Street lighting Zee Medical Service Amount: $688.87 PW Medical Resupply 258.27 FS 3 Medical Resupply 65.62 Cc/PS Medical Resupply 168.54 Miscellaneous 196.44 Check 113925 Date Paid:10/08/2010 Ziegler Inc Inv. SW050154629 09/18/2010 Fa112010 CWP gen set Inv. SW050154630 09/18/2010 Fa112010 Well 3 gen set Inv. SW050154631 09/18/2010 Fa112010 Reservoir gen sets Page 1 of 17 Amount: $3,975.72 331.31 331.31 331.31 Page 9 10/18/2010 Inv. SW050154632 09/18/2010 Fa112010 ZWP gen set Inv. SW050154633 09/18/2010 Fa112010 ZWP gen set Inv. SW050154634 09/18/2010 Fa112010 Well 15 gen set Inv. SW050154635 09/18/2010 Fa112010 Well 14 gen set Inv. SW050154636 09/18/2010 Fa112010 Mission Farm LS gen set Inv. SW050154637 09/18/2010 Fa112010 Lancaster LS gen set Inv. SW050154638 09/18/2010 Fa112010 Bass Lake LS gen set Inv. SW050154639 09/18/2010 Fa112010 Well 16 gen set Inv. SW050154641 09/18/2010 Fa112010 Pike Lake LS gen set Check 113926 Date Paid:10/08/2010 Barbara Cox Inv. 081024 10/05/2010 Rplc ck 100706 dated 8.24.08 Check 113927 Date Paid: 10/08/2010 Travis Karlen Inv. 100930 09/30/2010 Custom Specialities/Halloween at the Creek bags Check 113928 Date Paid: 10/08/2010 Patrick Olson Inv. 101015 10/05/2010 10.15.10 DJ for Little Costume Ball Check 113929 Date Paid:10/08/2010 Inv.100928 09/28/2010 Check 113930 Date Paid:10/08/2010 Inv. 100812 08/12/2010 Check 113931 Date Paid:10/08/2010 Inv. Import - 893 10/06/2010 Check 113932 Date Paid:10/08/2010 Inv. Import - 894 10/06/2010 Check 113933 Date Paid:10/08/2010 Inv. 100930 10/07/2010 Check 113934 Date Paid:10/15/2010 Inv.1825205 09/23/2010 Jan Olsson 9.26/9.28.10 Mankato MAO conf-lodge meal Calvin Portner 7.22/8.12.10 192 Mileage Reimb Rosholt, Kristi Park and Rec Refund Terry, Tish Park and Rec Refund Plymouth Firefight.Relief Assc 2010 Annual Fire State Aid Able Hose & Rubber Inc 30 3/4" 300psi red air hose, uni end,band/clamp 331.31 331.31 331.31 331.31 331.31 331.31 331.31 331.31 331.31 Amount: $81.85 81.85 Amount: $217.73 217.73 Amount: $285.00 285.00 Amount: $345.00 345.00 Amount: $96.00 96.00 Amount: $300.00 300.00 Amount: $100.00 100.00 Amount: $310,510.00 310,510.00 Amount: $42.37 42.37 Check 113935 Date Paid:10/15/2010 Ace Lock & Safe Co Inc Amount: $110.00 Inv. A85942 09/28/2010 Open Electrical Box (4 -Season Mall) NSP Box 110.00 Check 113936 Date Paid:10/15/2010 Airgas North Central Amount: $26.56 Inv. 105263086 09/23/2010 WE Wrench 26.56 Check 113937 Date Paid:10/15/2010 AI's Coffee Company Amount: $295.00 Inv. 106283 09/23/2010 IC Concession coffee resupply/resale 105.00 Inv. 106284 09/23/2010 IC Concession coffee resupply/resale 190.00 Check 113938 Date Paid:10/15/2010 Inv.00166646 09/20/2010 Check 113939 Date Paid:10/15/2010 Inv. 101001 10/01/2010 Check 113940 Date Paid:10/15/2010 Inv. D2081166KJ 10/01/2010 Check 113941 Date Paid: 10/15/2010 Inv. 1025968200 10/08/2010 Check 113942 Date Paid:10/15/2010 Page 1 of 17 American Fastener O -Rings, Washers, HX Caps, Nuts American Liberty Construction Inc Proj10009 #3 Hilde Performance Center American Messaging Services LLC 0ct'10 PD pager rentals Anchor Paper Company 5000 sheets each,11X17 Wh Paper,8.5x11 Wh,BI,Buff,Lemon Astech Corp Amount: $117.57 117.57 Amount: $76,049.43 76,049.43 Amount: $122.19 122.19 Amount: $382.31 382.31 Amount: $46,497.32 Page 10 10/18/2010 Inv. 100330 03/30/2010 Proj9108 #2/Final 2009 Mill & Overlay 46,497.32 Check 113943 Date Paid:10/15/2010 Berkley Risk Administrators Co Amount: 6,624.00 Inv. 1433042 09/30/2010 Jul-Sep'10 Workers Compensation 6,624.00 Check 113944 Date Paid:10/15/2010 Bertelson Total Office Solutions Amount: 138.31 Inv. WO6312421 07/02/2010 Recreation/astrobrights cvr stock,asrtmnt one 37.38 letter Inv. WO6316631 07/07/2010 Recreation/Astrobrights card stock 30.97 Inv. WO6340801 07/19/2010 1 keyboard wrist rest 16.02 Inv. WO6471471 09/24/2010 Facial Tissue & Havey -Duty Staple Cartridge 53.94 Check 113945 Date Paid:10/15/2010 Brian Skavnak Golf Academy Amount: 1,505.00 Inv. 100930 09/30/2010 Sep'10 Golf Lessons 1,505.00 Check 113946 Date Paid:10/15/2010 Broadway Bar & Pizza Amount: 80.00 Inv. 100831 08/31/2010 8.20/8.29.10 IC concession pizza 80.00 Check 113947 Date Paid: 10/15/2010 C J Alexander Systems Inc Amount: 138.82 Inv. 26446 09/30/2010 2 Label Stock 138.82 Check 113948 Date Paid: 10/15/2010 C S McCrossan Construction Inc Amount: 10,753.45 Inv. 8481 MB 09/20/2010 9.20.10 5.61 ton LVWE45030B Rap 248.83 Inv. 8485MB 09/21/2010 9.21.10 232.02 ton LVWE45030B Rap 10,290.87 Inv. 8491 MB 09/22/2010 9.22.10 4 ton Fines mix 213.75 Check 113949 Date Paid:10115/2010 CenterPoint Energy Amount: 1,202.60 Inv. 602784620910 09/24/2010 8.19/9.21.10 CWP So 1,202.60 Check 113950 Date Paid:10/15/2010 Construction Results Corporation Amount: 3,000.00 Inv. 42671 10/07/2010 1 rplc but at fuel island/rpr concrete 3,000.00 Check 113951 Date Paid: 10115/2010 Crow Wing County Sheriff's Dept Amount: 250.00 Inv. 100929 09/29/2010 W#VB092464 R201005044 Bail 250.00 Check 113952 Date Paid: 10/15/2010 Cub Foods Amount: 596.18 Inv. 100930 09/30/2010 Sep'10 Food Charges 596.18 Check 113953 Date Paid: 10/15/2010 Culligan -Metro Amount: 636.80 Inv. 101X22348703 09/30/2010 9.7/9.22.101C 98 50#bags softener salt 636.80 Check 113954 Date Paid:10/15/2010 Custom Headsets Inc. Amount: 291.77 Inv. 45840 09/22/2010 CS55 1.9 Ghz Wireless System -Diane Evans 291.77 Check 113955 Date Paid: 10/15/2010 Dehn Tree Company Amount: 3,777.82 Inv. 484 09/16/2010 1010 Ives Ln&Hwy 55/rmv Elm trees 351.41 Inv. 495 10/01/2010 Ground 17 stumps extra deep 641.25 Inv. 496 10/01/2010 9.20.10 11 trees rmvd 303 Forestview,13416 2,785.16 Sunset Tr,3rd&101 Check 113956 Date Paid:10/15/2010 Discount Steel Inc Amount: 413.70 Inv. 01625618 09/27/2010 1 4" Bare Pipe & 10 HR Angle 1x1x1/4x20' 413.70 Check 113957 Date Paid: 10/15/2010 Dominium Development & Acquisition Inc Amount: 9,000.00 Inv. 030422A 10/11/2010 R200305826 4.22.03 Erosion refund/StoneCrk 9,000.00 Village addn Check 113958 Date Paid:10/15/2010 DSS Commercial Inc Amount: 2,164.44 Inv. 15052 10/06/2010 Sep'10 Various Transit shelter trash/cleaning 1,048.66 services Inv. 15068 10/06/2010 Sep'10 Messiah lawn service 106.88 Inv. 15069 10/06/2010 Sep'10 Stn 73 & Hwy 55 lawn service 1,008.90 Check 113959 Date Paid:10/15/2010 DTS/Document Tech Solutions Amount: $10V,1 11 Page 1 of 17 10/18/2010 Inv.INV41817 09/20/2010 Staples Check 113960 Date Paid:10/15/2010 Dundee Nursery&Landscaping Co. Inv. 117463 10/06/2010 House Plant - McLearen Check 113961 Date Paid:10/15/2010 Dynamic Tree and Landscaping Inv. 655756 09/10/2010 11505 38th Ave storm clean up Check 113962 Date Paid:10/15/2010 Electrical Installation & Mnt Inv. 00114101N 09/21/2010 Sunset Hill Schl flasher not working Inv. 0011411 IN 09/21/2010 Oakwood Ballfield lights/rplc breaker Inv. 00114121N 09/21/2010 TH55&CSAH 6 signal relamp Check 113963 Date Paid:10/15/2010 eQuality Pathways to Potential Inv. 100831 08/31/2010 Aug'10 PCC Janitorial Inv. 100930 09/30/2010 Sep'10 PCC Janitorial Check 113964 Date Paid:10/15/2010 ESS Brothers & Sons Inc Inv. NN4221 09/21/2010 6 Storm Lid only Inv. NN4263 09/22/2010 731 Stoll Grate Check 113965 Date Paid:10115/2010 Factory Motor Parts Co Inv. 70027819 10/01/2010 2 Super Duty Pads,1 Ca, Gas TA, 1 Air Filter(GSMP) Check 113966 Date Paid:10/15/2010 FedEx Inv. 723355231 09/22/2010 9.7/9.14.10 Fire,IT,SW Check 113967 Date Paid:10/15/2010 Filtration Systems Inc. Inv. 37284 10/04/2010 CWP 96 Var size filters Check 113968 Date Paid: 10/15/2010 Timothy Fish Inv. 020406 10/11/2010 R200205630 4.6.02 Erosion refund/3635 Wedgewood Check 113969 Date Paid:10/15/2010 G&K Services Inc Inv. 1006601323 09/24/2010 PW/PM Uniform rentals Check 113970 Date Paid:10/15/2010 Gopher State One -Call, Inc. Inv. 0090800 09/30/2010 Sep'10 SW Locates Inv. 0090801 09/30/2010 Sep'10 CC SW locates Check 113971 Date Paid:10/15/2010 Inv. 2010-00000266 09/23/2010 Inv.9350440484 09/17/2010 Inv. 9352600861 09/21/2010 Inv.9352600879 09/21/2010 Inv.9354308760 09/23/2010 Inv.9354308778 09/23/2010 Inv.9354308786 09/23/2010 Inv.9354921760 09/23/2010 Inv.9355123333 09/23/2010 Inv.9355956070 09/24/2010 Grainger Ice Machine Cleaner 1 gallon CR for Inv 9345685656 Tri Poxy Steel Sprayer returned Staple/Nail Gun, 1 flat & round staple Post sleeve and Battery Utility Tub Staples T50 3/8X1/2 in, PK 1250 CR Inv 9352600861 Return Lantern Batteries 6V 2 Safety Air Gun, AL, HI Flow, 1/4", 28 OAL 2 Cable Ties, 12 L Pigskin Gloves, 12 XL Pigskin Gloves Check 113972 Date Paid:10/15/2010 Grove Nursery Inc Inv.21820900 09/22/2010 Birch„Winged,Willow,Mohican, Hawthorn Inv. 21824500 09/23/2010 1 Spruce,3 Crab, 3 Orn. Grass,7 Sedum,7 Hostas Page 1 of 17 109.91 Amount: $42.74 42.74 Amount: $125.00 125.00 Amount: $2,206.13 899.13 1,200.00 107.00 Amount: $801.56 416.81 384.75 Amount: $1,239.75 788.74 451.01 Amount: $131.41 131.41 Amount: $49.30 49.30 Amount: $721.65 721.65 Amount: $1,000.00 1,000.00 Amount: $325.55 325.55 Amount: $1,798.00 1,699.40 98.60 Amount: $632.41 76.37 68.73) 65.03 108.50 23.49 3.81 16.84) 105.17 81.18 254.43 Amount: $1,230.45 908.44 322.01 Page 12 10/18/2010 Check 113973 Date Paid: 10/15/2010 Hamel Lumber & Supply Inc Amount: 517.61 Inv. 79907 09/01/2010 Oct10 Hardware Supplies 23.83 Inv. 80043 09/09/2010 Oct 10 Hardware Supplies 119.33 Inv. 80083 09/10/2010 Oct 10 Hardware Supplies 16.70 Inv. 80104 09/13/2010 Oct 10 Hardware Supplies 19.00 Inv. 80241 09/17/2010 Oct 10 Hardware Supplies 10.03 Inv. 80263 09/17/2010 Oct 10 Hardware Supplies 187.63 Inv. 80300 09/20/2010 Oct 10 Hardware Supplies 9.95 Inv. 80320 09/21/2010 Oct 10 Hardware Supplies 29.85 Inv. 80325 09/21/2010 Oct 10 Hardware Supplies 11.97 Inv. 80440 09/24/2010 Oct 10 Hardware Supplies 25.65 Inv. 80472 09/27/2010 Oct 10 Hardware Supplies 49.77 Inv. 80577 09/30/2010 Oct 10 Hardware Supplies 13.90 Check 113974 Date Paid: 10/15/2010 Hawkins Water Treatment Amount: 13,369.19 Inv. 3158876RI 09/20/2010 CWP 649.8195gl LPC-9L, 64401b Sodium 13,369.19 Permanganate Check 113975 Date Paid: 10/15/2010 Hennepin County Treasurer Amount: 250.78 Inv. 100923 09/23/2010 May-Aug'10 40.22 ton Solide Waste Mgmnt fee 250.78 Check 113976 Date Paid: 10/15/2010 Hennepin County Treasurer Amount: 1,526.65 Inv. 2011822210023 10/11/2010 2010 2nd 1/2 Prop tax/3325 Garland Ln 1,526.65 Check 113977 Date Paid: 10/15/2010 Hennepin County Treasurer Amount: 1,199.25 Inv. 20108Plymouth 09/20/2010 Aug'10 Room/Board prisoners 1,199.25 Check 113978 Date Paid: 10/15/2010 Highway Technologies Inc Amount: 146.21 Inv. 390280001 09/24/2010 9.2 1.10 Traffic control for Plymouth Blvd 146.21 Check 113979 Date Paid: 10/15/2010 Hillyard Inc - Minneapolis Amount: 314.71 Inv. 6475603 09/24/2010 Liner 40-45 Gal & Bag filtor Sensors -10pkg 314.71 Check 113980 Date Paid: 10/15/2010 Hirshfield's Paint Mfg Inc Amount: 1,161.95 Inv. 88581 09/22/2010 48 5gl White field marking paint 1,161.95 Check 113981 Date Paid: 10/15/2010 Home Depot Amount: 2,198.44 Inv. 100910 10/07/2010 8/27-9/27 Hardware Charges 2,198.44 Check 113982 Date Paid: 10/15/2010 Hopkins Parts Co. Amount: 240.40 Inv.057030 09/03/2010 headlamp 21.39 Inv.057190 09/08/2010 Paste 28.58 Inv.057566 09/15/2010 Fuel line 21.64 Inv. 057915 09/22/2010 Tr Patch 27.79 Inv. 058104 09/27/2010 Gas cap 9.68 Inv. 058253 09/29/2010 Non clor brake clnr 25.52 Inv. 058328 09/30/2010 Univ adj side steps 105.80 Check 113983 Date Paid: 10/15/2010 Ice Skating Institute Amount: 55.00 Inv. 29105931 09/23/2010 2011 Blizzard Blast inter-rink competition 55.00 Check 113984 Date Paid:10/15/2010 Independent School District 284 Amount: 126.00 Inv. 22927 09/01/2010 Sep'10 Gymnastics equipment rental 126.00 Check 113985 Date Paid: 10/15/2010 Instrumental Research Inc Amount: 640.00 Inv. 5703 09/30/2010 Sep'10 Water Testing 640.00 Check 113986 Date Paid: 10/1512010 Irrigation By Design Inc Amount: 49,500.00 Inv. 00132741 09/15/2010 City Hall irrigation replacement 49,500.00 Page 13 Page 1 of 17 10/18/2010 Check 113987 Date Paid:10/15/2010 John Deere Landscapes Inc Amount: 25.95 Inv. 56013447 09/30/2010 3 PVC Expansion Repair Coupli, 3 Coupling 25.95 Handsoap SOC PVC Fitting Inv. 144487 10/04/2010 Check 113988 Date Paid:10/15/2010 Frank Kapsch Amount: 750.00 Inv. 10PA0242 10/11/2010 10.18/10.19.10 Arbitrator cancellation BMS 750.00 Northland Business Systems Inc Amount: $81.74 Inv. IN22309 09/27/2010 10. PA.0242 81.74 Check 114004 Check 113989 Date Paid:10/15/2010 KTCO Inc Amount: 988.59 Inv. 100930 09/30/2010 Jul-Sep'10 Car Washes 988.59 Check 113990 Date Paid:10/15/2010 Laidlaw Transit Services Inc Amount: 255,466.97 Inv. 10441399 09/30/2010 Sep'10 DAR/Metrolink Transit less fare 255,466.97 Check 113991 Date Paid:10/15/2010 Reed Lewis Amount: 16.74 Inv. 061117 08/13/2010 Rplc ck 86425 11.17.06 14060 37th Ave water 16.74 refund Check 113992 Date Paid:10/15/2010 LexisNexis Risk Data Management Inc Amount: 35.00 Inv. 10345582010093 09/30/2010 Sep'10 LexisNexis 35.00 Check 113993 Date Paid:10/15/2010 Matrix Laser Care Inc Amount: 1,068.76 Inv. 126816 09/22/2010 InkJet Ctg. 47.03 Inv. 126916 09/24/2010 3 HP LJ4250,1 LJ4015, 1 LJ P2010, 1 LJ 1320 1,021.73 Toner Check 113994 Date Paid: 10/15/2010 Metropolitan Council Amount: 39,501.00 Inv. 100930 09/30/2010 Sep'10 Service Availability Charge 39,501.00 Check 113995 Date Paid:10/15/2010 Minnesota Recreation & Park Assoc/MRPA Amount: 160.00 Inv. 6810 09/30/2010 Fall'10 Hall of Fame Benefit 1 berth mens 160.00 Check 113996 Date Paid: 10/15/2010 Minnesota Volleyball Headquarters Inc Inv. 13 10/01/2010 9.11/10.16.10 Fall Volleyball program Check 113997 Date Paid: 10/15/2010 MN Dept of Commerce Inv. 101031 10/11/2010 2010 Unclaimed Property OS Cks 7.1.06-6.30.07 Check 113998 Date Paid: 10/15/2010 MN NCPERS Life Insurance Inv. 69561010 10/01/2010 Oct'10 Pera Life Insurance Inv. 6956910 09/30/2010 Sep'10 Pera Life Insurance Check 113999 Date Paid:10/15/2010 National Martial Arts Association Inc Inv. 100831 09/30/2010 Jan-Aug'10 Shaolin Kung Fu Check 114000 Date Paid:10/15/2010 Robert Nesbitt Inv. 33020P 10/08/2010 9.27/10.8.10 MN Joint Analysis GRT00330 Inv. 33020T 10/06/2010 11.6.10 311 Mileage Hermantown,lunch Check 114001 Date Paid:10/15/2010 North Suburban Towing Inc Inv. 167206 09/23/2010 Unit 276 tow to Public Works Amount: $2,041.25 2,041.25 Amount: $1,317.81 1,317.81 Amount: $3,202.00 1,609.00 1,593.00 Amount: $2,541.00 2,541.00 Amount: $2,865.20 2,698.00 167.20 Amount: $160.31 160.31 Check 114002 Date Paid: 1011512010 Northern Sanitary Supply Co Inc Amount: $465.17 Inv. 144461 10/01/2010 ICE -3 Squeegees, 20 Scouring Pads, 2 cases 140.06 Handsoap Inv. 144487 10/04/2010 34 Cleaning Materials, 3 Gloves, 1case 325.11 Handsoap Check 114003 Date Paid:10/15/2010 Northland Business Systems Inc Amount: $81.74 Inv. IN22309 09/27/2010 Repair Olympus DS4000 replace frame assy 81.74 Check 114004 Date Paid:10/15/2010 Office Depot Amount: $817.90 Inv. 534533878001 09/21/2010 Fastners & Hanging Folders 19.94 Page 1 of 17 Page 14 10/18/2010 Inv. 534737511001 Inv. 534822884001 Inv. 534892418001 Inv. 535052446001 Inv. 535095419001 Inv. 535095463001 Inv. 535097524001 Inv. 535145041001 09/22/2010 Laminate & Labels 323.74 09/22/2010 Tape, Pens, Paper, Binding Combs, Markers 100.60 09/23/2010 3000 CT Label, LSR, ADDR, WHT 40.85 09/24/2010 Clasp Envelopes, 124.42 Inv.300620200 Highlighter, Pens,Pads,Laminate Refill,Tabs Check 114018 09/24/2010 1 case, Business Cards 4.5x1.4x4X7 8.81 09/24/2010 13 Dozen Pens, USB Drive,8GB, Cruzer 146.84 09/24/2010 Memory Wristrest 5.28 09/24/2010 1 Pk Notes 3X3,2Pk Notes4x6, 1 Bx Large Clip 47.42 Date Paid:10/15/2010 Binders 09/17/2010 Check 114005 Date Paid:10/15/2010 Office of Enterprise Technolog Inv. DV10090368 10/11/2010 Sep'10 Wide Area Network Check 114006 Date Paid:1011512010 Ohio Dept of Public Safety Inv. RADII 10019 09/23/2010 Cal radiation detection Radca1749 Check 114007 Date Paid:10/15/2010 OmegaSequence LLC Inv. BPR236 10/04/2010 10.21.10 Bldg Personal Resilience Trng Check 114008 Date Paid:10/15/2010 Inv.8403407 09/30/2010 Check 114009 Date Paid:10/15/2010 Inv.36736 09/28/2010 Check 114010 Date Paid: 10115/2010 Inv. 100915 09/15/2010 OnTrac 9.20/9.27.10 Attorney courier services Owens Companies Inc Checked Controllers & operations Pearson Bros Inc Proj10010 #2/Final 2010 Seal Coat Check 114011 Date Paid:10/15/2010 Pike Lake Woods Inc Inv. 980915 10/11/2010 R199816879 9.15.98 Erosion refund 2nd addition Check 114012 Date Paid:10/15/2010 Inv. 101011 10/11/2010 Check 114013 Date Paid:10/15/2010 Inv.56343 09/20/2010 Check 114014 Date Paid: 10/15/2010 Inv.100929 09/29/2010 Check 114015 Date Paid:10/15/2010 Inv. 101060 09/19/2010 Check 114016 Date Paid:10/15/2010 Inv. S173309 08/31/2010 Inv. S173310 08/31/2010 Check 114017 Date Paid:10/15/2010 Inv.300620200 09/13/2010 Check 114018 Date Paid:10/15/2010 Inv.34894 09/22/2010 Check 114019 Date Paid:10/15/2010 Inv.04815710113 09/22/2010 Check 114020 Date Paid:10/15/2010 Inv. 1022 10/11/2010 Check 114021 Date Paid:10/15/2010 Inv.05155125147 09/17/2010 Postmaster/ Window D-12 Bulk Postage Permit 1889 Activity Guide Pro -Tech Design CWP gate access Providence Hockey Association 2010 Hockey program ad R & J Laserworks LLC 8x10 Chaplain plaque for John lehtola Rainbow Treecare Inc 8.9.10 Tree removal # 36G 7.26/8.30.10 Tree Rmvl/5.31.10 AerialLift trng Reinders Inc Chapin Pro Series Spraye 4 Gal Reliable Hockey 18 Diamond Dresser Roto -Rooter 9.22.10 4120 Berkshire big jet Safe Step LLC PCC repair cement step Safelite AutoGlass Claim 2010.21 Unit 181 rplc windshield Amount: $90.00 90.00 Amount: $116.78 116.78 Amount: $2,100.00 2,100.00 Amount: $38.67 38.67 Amount: $534.80 534.80 Amount: $14,376.62 14,376.62 Amount: $580.00 580.00 Amount: $6,000.00 6,000.00 Amount: $6,173.06 6,173.06 Amount: $100.00 100.00 Amount: $42.76 42.76 Amount: $22,458.00 560.00 21,898.00 Amount: $95.12 95.12 Amount: $276.89 276.89 Amount: $150.00 150.00 Amount: $139.06 139.06 Amount: $234.24 234.24 Page 15 Page 1 of 17 10/18/2010 Check 114022 Date Paid: 10/15/2010 Jeff Sandino Inv. 100916 09/16/2010 9.16.10 Brunch- #20 class Check 114023 Date Paid: 10/15/2010 Scharber & Sons Inv. 022024886 09/02/2010 Filler,Tool,slide,trimmer,14" chain Inv.022025100 09/23/2010 09/09/2010 Chain Inv. 022025534 09/22/2010 1 shaft,3 blade Inv. 022025804 09/30/2010 3 14" ch, 1 summer Check 114024 Date Paid: 10/15/2010 Cindi Scheffler Inv. 101006 10/06/2010 10.6.10 Coffee concert Check 114025 Date Paid: 10/15/2010 Inv. 101012 10/12/2010 Check 114026 Date Paid:10/15/2010 Inv.26586 09/28/2010 Check 114027 Date Paid:10/15/2010 Inv. 101007 10/11/2010 Inv. 101011 10/11/2010 Check 114028 Date Paid:10/15/2010 Inv. SR16806 09/23/2010 Check 114029 Date Paid: 10/15/2010 Inv.100930 09/30/2010 Check 114030 Date Paid: 10/15/2010 Inv. 6601941 09/23/2010 Check 114031 Date Paid:10/15/2010 Inv. 1772914 09/21/2010 Check 114032 Date Paid:10/15/2010 Inv.1245974 04/22/2010 Inv.1276802 09/23/2010 Inv.1276803 09/23/2010 Inv.1276804 09/23/2010 Inv. 1279719 10/07/2010 Check 114033 Date Paid: 10/15/2010 Inv. LM114 08/10/2010 Check 114034 Date Paid: 10/15/2010 Inv. 091510 09/05/2010 Inv. 095210 09/05/2010 Check 114035 Date Paid:10/15/2010 Inv. 101101 10/01/2010 Check 114036 Date Paid: 10/15/2010 Inv.100610d 10/06/2010 Check 114037 Date Paid:10/15/2010 Inv. 061121 10/11/2010 Check 114038 Date Paid: 10/15/2010 Inv.10TF1642 09/22/2010 Page 1 of 17 Scott County W#210002541 R201005272 Bail Sign Source Inc 36th Ave Median Signs/installation Sports Unlimited Sep-Ost'10 Tuesday Outdoor Sport Sampler Sep-Oct'l 0 Sam pler,ftbl,lax,multi-sport-outdoors St Joseph Equipment Inc 9.15/10.14.10 Excavator rental Star Tribune 9.5.10 HR Technician job ad StayWell Company 32 Babysitter training manuals Streicher's Inc 2 Whistle, 1 traffic wand Sun Newspapers 1655 Evergreen Ln Garage demo notice File No 2010076 STR8107 Campus Dr Mill & Overlay 2010 Delinq /weed,trees,UB,False Alarms Proj 10005 Mill Overlay 36th Ave,Nathan/Old Co Rd 15/Revere La Superco Specialty Products Various degreasers Supreme Building Maintenance Sep'10 Cheshire Transit shelter cleaning services Sep'10 Stn 73 Janitorial services SW/WC Service Cooperatives Nov'10 BCBS Health Insurance Sword Play Fall'10 Fencing lesson T Mobile R200622502 11.21.06 Bass Ik plyfld Taho Sportswear Inc 60 T's, 70 Sweatshirts/Fire Dept clothing Amount: $225.00 225.00 Amount: $212.42 67.25 3.62 69.70 71.85 Amount: $150.00 150.00 Amount: $475.00 475.00 Amount: $14,090.50 14,090.50 Amount: $4,200.00 432.00 3,768.00 Amount: $1,282.50 1,282.50 Amount: $1,100.00 1,100.00 Amount: $396.44 396.44 Amount: $14.93 14.93 Amount: $657.81 268.13 50.05 150.15 46.48 143.00 Amount: $198.34 198.34 Amount: $891.34 223.37 667.97 Amount: $192,883.50 192,883.50 Amount: $1,140.00 1,140.00 Amount: $300.00 300.00 Amount: $1,393.50 1,393.50 Page 16 10/18/2010 Check 114039 Date Paid: 10/15/2010 TDS Metrocom Inv. 50950001010 10/13/2010 Oct'10 CC 509.5000 land lines Amount: $2,612.80 2,612.80 Check 114040 Date Paid: 10/15/2010 Thyssen Krupp Elevator Amount: 636.00 Inv. 012623 09/24/2010 IC Hands Free emerg communication device 636.00 Check 114041 Date Paid: 10/15/2010 Toll Company Amount: 132.71 Inv. 323121 09/22/2010 Propane Fuel Gas 84.35 Inv. 410010 10/07/2010 11 Propane & Propylene 48.36 Check 114042 Date Paid: 10/15/2010 Tree Trust Amount: 5,647.80 Inv. 10354 09/27/2010 2010 YCC Summer Crew/materials 5,647.80 Check 114043 Date Paid:10/15/2010 Tri -K Services Amount: 646.59 Inv. 4181 09/30/2010 8.31/9.30.10 55yds Pulv Topsoil 646.59 Check 114044 Date Paid:10/15/2010 TTM Operating Corp Amount: 1,116.44 Inv. 080826 10/11/2010 R200821559 8.26.08 ZWT Communic equip 1,116.44 Check 114045 Date Paid: 10/15/2010 Valley Rich Co Inc Amount: 18,330.60 Inv. 15808 09/07/2010 CR47&Vicksburg Watermain break repairs 2,243.50 Inv. 15809 09/08/2010 Shenandoah&Ranchview Watermain break 2,654.88 repair Inv. 15810 09/01/2010 55th & Orleans Watermain break repair 3,268.66 Inv. 15811 09/03/2010 Revere&Old Rockford Watermain break repair 2,579.95 Inv. 15814 08/19/2010 Ind Pk Blvd&Annapolis Watermain break repair 978.14 Inv. 15847 08/31/2010 1305 Urbandale Ln Watermain break repair 2,805.47 Inv. 15852 09/25/2010 Zanzibar In/27yh PI Watermain break repairs 3,800.00 Check 114046 Date Paid:10/15/2010 Viking Trophies Inv. 101284 10/06/2010 52 Gold Star Medal w/Football Mylar & 2010 RWB Neckribbon Check 114047 Date Paid:10/15/2010 Water Conservation Services Inc Inv. 2044 10/04/2010 9.7.10 Leak detection service Check 114048 Date Paid:10/15/2010 The Watson Company Inv. 790884 09/23/2010 IC Concession food resupply/resale Check 114049 Date Paid: 10/15/2010 Wireless Facilities Inc Inv. 060710 10/11/2010 R200601565 7.10.06 Sprint antenna lease expansion refund Check 114050 Date Paid: 10/15/2010 Wright -Henn Elec. Co. Inv. 101015 10/07/2010 Street Lighting 10/15/10 Check 114051 Date Paid: 10/15/2010 Xcel Energy Inv. 51472281600910 09/28/2010 8.16/9.19.10 2 Water Towers Inv. 51554915750910 09/28/2010 8.15/9.19.10 8 Lift Stations Check 114052 Date Paid: 10/15/2010 Yocum Oil Company Inc Inv. 401409 09/21/2010 5005gl Unleaded, 3005gl Diesel fuel Check 114053 Date Paid: 10/15/2010 Matt Anderson Inv. 100925 09/25/2010 9.25.10 2rms lodge/NFA class Mankato/Etzel, Evans, Peterson, self Check 114054 Date Paid: 10/15/2010 Inv. 2010-00000276 10/13/2010 Check 114055 Date Paid:10/15/2010 Inv.100824 08/24/2010 Check 114056 Date Paid:10/15/2010 Page 1 of 17 Community Health Charities CHAR CHC - Community Health Charities Greg Cook 8.24.10 Reimb Class A CDL license Andy Etzel Amount: $177.28 177.28 Amount: $215.00 215.00 Amount: $624.97 624.97 Amount: $603.57 603.57 Amount: $8,271.73 8,271.73 Amount: $795.95 57.28 738.67 Amount: $19,185.47 19,185.47 Amount: $242.80 242.80 Amount: $45.00 45.00 Amount: $19.00 19.00 Amount: $63.% ge 17 10/18/2010 Inv. 100925 09/25/2010 4 dinners/NFA conf NoMankato 9.25.10 Check 114057 Date Paid: 10/15/2010 Law Enforce Labor Serv./Union Inv. 2010-00000282 10/13/2010 DUES POL - Police Union Dues * Check 114058 Date Paid:10/15/2010 Midwest Gang Investigators Asc Inv. 101021 10/07/2010 Christianson/Kloss 10.21.10 "School Inv. Import - 895 10/13/2010 Safety"conf Check 114059 Date Paid:10/15/2010 MN AFSCME Council #5 Inv. 2010-00000277 10/13/2010 DUES MTCE - Maintenance Union Dues* Check 114060 Date Paid: 10/15/2010 MN Child Support Payment Ctr Inv. 2010-00000278 10/13/2010 CHID SUP% - Child Support Percentage* Check 114061 Date Paid:10/15/2010 Inv. 2010-00000279 10/13/2010 Check 114062 Date Paid:10/15/2010 Inv. 2010-00000280 10/13/2010 Check 114063 Date Paid:10/15/2010 Inv. 101028 10/11/2010 Check 114064 Date Paid:10/15/2010 Inv.100922 09/22/2010 Check 114065 Date Paid:10/15/2010 Inv. 2010-00000281 10/13/2010 Check 114066 Date Paid:10/15/2010 Inv. Import - 898 10/13/2010 Check 114067 Date Paid:10/15/2010 Inv. Import 896 10/13/2010 Check 114068 Date Paid:10/15/2010 Inv. Import - 895 10/13/2010 Check 114069 Date Paid:10/15/2010 Inv. Import 897 10/13/2010 MN Environmental Fund CHAR MN ENV - MN Enviromental Fund Open Your Heart CHAR OYH - Open Your Heart Papa John's Pizza 10.28.10 Pizza/pop for Chaplain corps meeting/trng Kip Springer 9.19/9.22.10 AMEM Conf 291 Mileage reimb Breezy Point United Way CHAR UW - United Way Buss, Erin Park and Rec Refund Ferrian, Jackie Park and Rec Refund O'Brien, Fran Park and Rec Refund vanLengerich, Annette Park and Rec Refund 63.74 Amount: $1,337.91 1,337.91 Amount: $50.00 50.00 Amount: $2,713.38 2,713.38 Amount: $1,769.08 1,769.08 Amount: $17.00 17.00 Amount: $51.00 51.00 Amount: $70.00 70.00 Amount: $145.50 145.50 Amount: $101.41 101.41 Amount: $300.00 300.00 Amount: $235.78 235.78 Amount: $10.00 10.00 Amount: $60.00 60.00 Check 114070 Date Paid: 10/15/2010 Minnesota Department of Revenue Amount: $457.67 Inv. 101015 10/15/2010 Payroll/deduction $457.67 Check 114071 Date Paid: 10/15/2010 Prime West 1 Limited Partner Amount: $18,000.00 Inv. 901031A 10/15/2010 Replaces ck 87938&112765 R23153 10.31.90 $18,000.00 Total Payments: 254 Total Amount Paid: $1,495,158.38 Page 18 Page 1 of 17 10/18/2010 Date: 10/18/I0 Time: 8:50:57 AM H.M.S. Windows - Housing Assistance Payments Page: 0001 PAYMENT REGISTER -SUMMARY Q:IhmslreportslPAYSUM.QRP Bank Account Description/Account Number Checking 3110681 Number Date Method Status Name Of Payee Total 0004398 10/12/10 Computer Ck. Void Void- Reseq To #: 4400 Lake County Ho 0.00 0004399 10/12/10 Computer Ck. Paid SL Louis Park Housing Authority 843.54 0004400 10/12/10 Computer Ck. Paid Lake County Housing Authority 558.54 Total For Bank Account Checking $1,402.08 Of Totals Transactions Computer Checks 5 $1,402.08 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $1,402.08 Total - All Bank Accounts Printed: $1,402.08 Page 19 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING OCTOBER 16, 2010 WHEREAS, a list of disbursements for the period ending October 16, 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 803,931.85 Construction & Debt Service 164,421.07 Enterprise & Internal Service 525,278.81 Housing Redevelopment 1,526.65 Check Register Total 1,495,158.38 M & I — Housing Assistance Payments Housing & Redevelopment Authority $ 1,402.08 GRAND TOTAL FOR ALL FUNDS $ 1,496,560.46 Adopted by the City Council on October 26, 2010 Page 20 City of Plymouth Adding Okelity to Life REGULAR COUNCIL MEETING To: Prepared by: October 26, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Agenda 6.03Number: Laurie Ahrens, City Manager Jim Barnes, Housing Programs Manager Steve Juetten, Community Development Director Hennepin County Environmental Response Fund Grant Application— Lawrence Begin Property Approve the attached resolution supporting the submission of an application to the Hennepin County Environmental Response Fund (ERF) by Lawrence Begin. 2. BACKGROUND: The City has received a request from Mr. Lawrence Begin to support his application to Hennepin County for an Environmental Response Fund grant that will provide for a Phase I and Phase II environmental assessment of the property. The property is located North of Rockford road and East of Fernbrook Lane behind the Sandpiper Ponds townhome development. This property has been identified as a "known" dump site and it is believed that it may contain a variety of items including dump materials, construction debris, metals, asbestos, and volatile and semi -volatile organic compounds. The city has a long history with this site. In the 1950's and 1960's the site was used as a landfill dump. The site was later used to store salvaged autos and construction debris. There have been a few court orders requiring moderate cleanup throughout the years, however it has mainly remained as -is over the years. The Phase I and Phase I1 assessments will provide information related to the site that impact the future development of the site and establish cost estimates for the clean up of any discovered environmental hazards. Staff is not aware of any comprehensive reports that have been completed on this site. The City will receive copies of all of the reports, which will help with future development decisions. 3. BUDGET IMPACT: There is no financial impact to the City by supporting this application. 4. ATTACHMENTS: Location Map Resolution Page 1 Location Map - 15-115-22-22-0002 Hennepin County Environmental Response Fund Grant Application City of Plymouth, Minnesota 250 125 0 250 500 750 Feet Legend C, Comercial CC, City Center M 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 LA -R1 LA -R2 LA -R3 LA -RT P -I, Public/Semi-Public/Institutional Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION SUPPORTING THE SUBMISSION TO HENNEPIN COUNTY'S ENVIRONMENTAL RESPONSE FUND GRANT ON BEHALF OF LARRY BEGIN WHEREAS, the City of Plymouth has received a request from Lawrence Begin to support the submittal of an Environmental Response Fund grant application to Hennepin County in the amount of $50,000; and WHEREAS, Hennepin County administers the Environmental Response Fund Grant; and WHEREAS, Hennepin County requires a resolution from the community where the grant activities will occur supporting the application; and WHEREAS, the City shall receive copies of all assessment reports completed in conjunction with the grant activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it supports the Environmental Response Fund application to be submitted to Hennepin County by Lawrence Begin for an Assessment and Response Action Plan RAP) Development grant for the Begin site (PID) #15-118-22-22-0002. Approved this 26th day of October 2010. Page 3 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING October 26, 2010 Agenda 6.04Number: To: Laurie Ahrens, City Manager Prepared by: Joshua Doty, Senior Planner Reviewed by: Steve Juetten, Community Development Director Item: Stimulus Recovery Act — Energy Efficiency and Conservation Block Grant (2009020) 1. ACTION REQUESTED: Move to accept a change order for additional projects to use the remaining stimulus grant dollars and authorize staff to proceed with the recommended projects related to the city's Energy Efficiency and Conservation Block Grant Award. 2. BACKGROUND: In March, 2010, the City Council accepted the results of a request for proposal (RFP) to hire a consultant and authorized staff to execute a guaranteed energy savings agreement with McKinstry for the completion of projects. Subsequently, staff executed an agreement with McKinstry and commenced with the construction phase. To date, the city has installed new boilers at City Hall and has installed new return air units at Public Safety. The new boiler and return air unit at the Public Works Maintenance building is expected to be installed yet this year. 3. ANALYSIS: The city has reached the point in the construction phase where we know that the total project cost will be $662,238. The city's stimulus grant award is $707,200, which leaves $44,962 of remaining grant dollars. Staff is therefore requesting approval of a change order and authorization to spend the remaining $44,962. Staff is proposing two specific projects, both of which were identified with the detailed engineering study that was completed at the time the city submitted the grant application. The first project would include $30,200 for a new wall at the Ice Arena that would separate the third sheet of ice from the first and second sheets of ice. The wall would increase energy efficiency and operations, as it would allow a temperature control between the rinks. The second project would include $14,300 for a retrocommissioning study of the mechanical systems at Public Safety. The study would help determine operational changes to increase energy efficiency. Of the $14,300 for the study, $7,000 would be paid with utility rebates. The remaining $7,462 of the grant would be used to provide engineering development of other energy efficiency facility projects such as lighting retrofits, facility control upgrades, and water conservation measures. Page 1 4. RECOMMENDATION: Community Development Department staff recommends that the City Council accept the change order and authorize staff to proceed with the projects to spend the city's remaining $44,962 Energy Efficiency and Conservation Block Grant Award. 5. BUDGET IMPACT: All projects completed would be paid for by the stimulus grant award. 6. ATTACHMENTS: Change Order Detailed Engineering Study Project List Resolution Authorizing Staff Move forward P:\CommDev\STAFFREP\CC\2009\2009020 Stimulus Recovery Act Block Grant -5 CC.docx Page 2 Cfe M Your BulldFng October 11, 2010 Mr. Doran Cote City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Regarding: Proposed Change Order #1— Energy Conservation Project Additional Scope McKinstry is in the process of completing a project for the City of Plymouth funded by the American Recovery & Reinvestment Act of 2009 (ARRA) that included replacement of the City Hall boilers with new high efficient boilers, replacement of the Public Safety RTU's with new high efficient RTU's, and installation of a waste oil HVAC system at the Public Works facility. As part of the ARRA, the City of Plymouth was awarded a formula -based grant in the amount of 707,200, and utilized $662,238 in order to complete the above mentioned scope of work, leaving $44,962 remaining in the original grant award amount. In order to both meet the grant requirements and optimize the results of the grant, McKinstry recommends utilizing the remaining $44,962 in original grant award to complete three additional facility improvement measures identified in the development of the first phase of this grant project. The additional scope of work to be added to the above referenced project includes: Ice Arena Wall ($30,200.00) Installation of a new wall at the Ice Arena including all engineering, permits, labor, materials and building modifications required to create the barrier between the ice rink and the conditioned lobby area. The wall will include two double doors that are not lockable in order to meet code requirements. Retrocommissioning of the Public Safety Building ($14,300.00) Retrocommission ing of the Public Safety building including utility rebates from Xcel Energy, estimated to equal approximately $ 7,000. The rebates received from the completion of this study will be transferred by the City of Plymouth to McKinstry as payment for the following scope of work item. Engineering Development of Other Recommended Measures ($7,462.00*) Several items identified in the previous study offer favorable return on investment through energy savings and operational efficiency. These items include but are not limited to lighting retrofits, facility control upgrades, and water conservation. In addition, many of the measures will provide additional utility incentives and energy- related incentives, further lowering their cost of implementation. Payment for this development effort will be made through the transfer of the utility rebates from the City of Plymouth to McKinstry made available from the retrocommissioning study at the Public Safety Building. Any rebate amount above $7,000 will be returned back to the 8451 Xerxes Ave. N. • Brooklyn Park, MN 55444 • 763.767.0304 • FAX 763.767.6147 Washington • Oregon • Idaho • Colorado Minnesota • Wisconsin Page 3 in try Ila BI Your Bufidfnq Page 2 City in additional services or scope of work, to be determined by City Administration and City Council as appropriate. The following is a summary of the additional proposed scope of work. Work Item Cost Ice Arena Wall 30,200 Public Safety Bldg RCx Stud 14,300 Directed Engineering Stud * 7,462 Utility Rebates 7,000 Subtotal 44,962 Note that the DES will be done with rebate dollars from the Xcel Recommissioning Study. It is anticipated that these amounts will be approximately $7,000. In the event that DES costs exceed $7,000 these costs would be reflected in the phase 2 project. The City is not responsible for payment of any costs on the DES under this contract above the Xcel rebate amount. Please review this information and contact me at 651-252-7473 if you have any questions. McKinstry Company Mark Rasmussen, P.E. 8451 Xerxes Ave. N. • Brooklyn Park, MN 55444 • 763.767.0304 • FAX 763.767.6147 Washington • Oregon • Idaho • Colorado • Minnesota • Wisconsin Page 4 QIla RI Your Bnllding CHANGE ORDER REQUEST (COR) To: City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Job Name: City of Plymouth Energy Improvmi Cust. PO#: Attention: Josh We request a change order for the following work on this project: McK Job No: C30018 McK COR # 1 Date: 10/11/10 hange order will be paid for by ARRA funing and is per the attached documentation. Amount of This Change Request: $44,962 R Detailed Breakdown Attached Work During Regular Hours Work Done on Overtime We are awaiting written direction to proceed with this work, Per your written direction dated we are proceeding with this work. Work Already Completed Work in Progress Accepted By: By: Title: The cost of this change includes only those direct costs which can be identified at this time. McKinstry reserves the right to modify the estimate if additional work not covered by this change is required. There are no impact, ripple or delay costs included. Should it be determined at a later date that we are experiencing impact costs because of multiple changes, delays, or other causes beyond our control, we will submit those costs at that time. McKinstry Co. 8451 Xerxes Ave N. * Brooklyn Park, MN 55444 Page 5 nostry City of Plymouth - Energy Conservation Audit Project Master List 6 -Jan -10 crrr yr roar vuu.urny Budget Annual Utility Savings "' Net Customer Cost Simple Payback Annual Potential Potential Annual CO2 Operational Grant Utility FIM Name Description (Existing Conditions) Description (Proposed Conditions) Building Min Max Min Max Savings (lbs) Savings Allocation Rebate * Min Max Low High DES None Directed Engineering Study All 46,200 546,200 s0 so 0 50 so so 46,200 46,200 RTU Replacement 2012 CIP item, two existing RTU's located Replace with new high efficient RTU's Public Safety 226,700 270,200 4,520 5,590 15,000 0 0 4,500 206,700 250,200 37 55 on Public Safety. 2012 CIP item, existing system includes Replace with new waste oil boiler and idential style heating coolingagingresCurrently natural gas backup. Install new Public Works/ Waste Oil Burner system. waste oil is hauled le heating coolingcommercialstyng systemMaintenance 170,216 197,093 1,739 2,014 19,700 0 0 150 170,066 196,943 84 113 away for disposal. to replace the existing aging residential bde Boiler System Existing boilers are beyond useful life and Replace aging boilers and associated Replacement are inefficient equipment (pumps) in the main boiler City Hall 178,200 215,700 3,380 4,180 35,000 1,000 0 250 178,200 215,700 34 49 plant Boiler System Old PS Section served by old, inefficient Remove old boiler and cross connect Replacement boiler. New section has new, over sized heating plants public Safety 78,400 94,900 5,060 6,280 63,726 500 0 0 78,400 94,900 12 17 boilers. Cooling Tower Upgrade Tower is old, deteriorated and in need of Upgrade refrigerant compressor cooling Ice Arena 78,400 94,900 1,800 2,220 39,808 0 0 0 78,400 94,900 35 53 upgrade or replacement. tower Cooling Unit Replacement Unit is aging and in need of replacement Replace Trane cooling unit - SXHF unit City Hall 124,000 150,100 2,540 3,130 37,791 0 0 0 124,000 150,100 40 59 Controls consist primarily of pneumatic Upgrade, consolidate building automationBuildingAutomationcontrolsandequipmentruntimesare excessive and control systems City Hall 126,900 153,600 5,480 6,770 99,267 0 0 0 126,900 153,600 19 28 Cold air is allowed to migrate to warm Door Installation areas in the lower level of the arena. Segregate two cold arena areas from Ice Arena 30,200 36,500 2,200 2,720 30,418 o 0 0 30,200 36,500 11 17 Segregation of the Rink A environment is warm areas with new walls and doors. desired. Retrocommissioning Snow melt system running when OAT is Retro -commission controls on snow melt Public Safety 14,300 17,300 1,270 1,570 15,932 0 0 0 14,300 17,300 9 14 above 50 degrees system and heating system in general Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL City Hall 38,900 47,000 4,520 5,590 87,451 0 0 7,200 31,700 39,800 6 9 Improvements compact florescent lighting standards Reflective Ceilings Heat loss above ice sheets through the Add reflective ceilings over all ice sheets Ice Arena 85,500 103,500 5,810 7,180 110,033 0 0 0 85,500 103,500 12 18 ceiling is significant Lighting consists of Metal Halide or High Exterior Lighting Pressure Sodium fixtures that are Upgrade exterior lighting to LED Maintenance 34,600 41,900 1,290 1,590 25,004 0 0 0 34,600 41,900 22 32 Improvements inefficient and provide poor color technology Building rendering. Vending Miser Vending machines lights and compressors Add Vending Miser controls to all vending All 5,200 6,300 730 900 1,422 0 0 0 5,200 6,300 6 9 run 2417 regardless of use or occupancy machines Sinks, urinals and toilets use excessive Water conservation measures (sinks, conservation measures Water Conservation quantities of water, wasting water and City Hall 16,700 20,200 2,040 2,520 9,599 0 0 0 16,700 20,200 7 10 energy. Page 6 nostry City of Plymouth - Energy Conservation Audit Project Master List 6 -Jan -10 crrr yr roar vuu.urny Budget Annual Utility Savings "' Net Customer Cost Simple Payback Annual Potential Potential Annual CO2 Operational Grant Utility FIM Name Description (Existing Conditions) Description (Proposed Conditions) Buildin Min Max Min Max Savings (lbs) Savings Allocation Rebate * Min Max Low High Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL SafetypublicSafe 629,100 535,200 2,200 2,720 42,522 50 50 4,200 524,900 531,000 9 14 Improvements compact florescent lighting standards Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL Creek Center 15,300 18,500 4,560 5,630 88,150 0 0 2,900 12,400 15,600 2 3 Improvements compact florescent lighting standards Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL Fire Station #1 7,700 9,400 3,020 3,740 46,771 0 0 3,000 4,700 6,400 1 2 Improvements compact florescent lighting standards Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to TS and CFL Fire Station #2 8,900 10,700 2,180 2,690 33,700 0 0 2,700 6,200 8,000 2 4 Improvements compact florescent lighting standards Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL Fire Station #3 16,600 20,100 4,850 5,990 74,960 0 0 5,700 10,900 14,400 2 3 Improvements compact florescent lighting standards Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to T8 and CFL Ice Arena 16,200 19,600 3,540 4,370 78,190 0 0 2,500 13,700 17,100 3 5 Improvements compact florescent lighting standards Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Creek Center 7,200 8,700 650 810 9,157 0 0 0 7,200 8,700 9 13 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Public Safety 15,400 18,600 930 1,150 4,858 0 0 0 15,400 18,600 13 20 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Fire Station #1 2,600 3,200 160 200 1,043 0 0 0 2,600 3,200 13 20 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Fire Station #2 2,100 2,500 300 370 1,949 0 0 0 2,100 2,500 6 8 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Fire Station #3 2,400 2,900 380 470 2,508 0 0 0 2,400 2,900 5 8 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Maintenance Water Conservation quantities of water, wasting water and urinals, toilets) Building 5,800 7,000 750 930 4,110 0 0 0 5,800 7,000 6 9 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Ice Arena 21,600 26,100 2,080 2,570 9,262 0 0 0 21,600 26,100 8 13 energy. Sinks, urinals and toilets use excessive Water conservation measures (sinks, Water Conservation quantities of water, wasting water and urinals, toilets) Creek Center 14,000 16,900 1,880 2,330 7,344 0 0 0 14,000 16,900 6 9 energy. Interior Lighting Interior lighting consists of T-12, T-8 and Upgrade interior lighting to TS and CFL Maintenance 11,100 13,500 2,350 2,910 45,508 0 0 1,500 9,600 12,000 3 5 Improvements compact florescent lighting standards Building The gas-fired heating system connected to Heating System Upgrade the dome inflation system is aged and Upgrade heating system Creek Dome 142,500 172,500 720 890 10,068 0 0 0 142,500 172,500 160 240 inefficient. Page 7 nostry City of Plymouth - Energy Conservation Audit Project Master List 6 -Jan -10 crrr yr roar vuu.urny Budget Annual Utility Savings "' Net Customer Cost Simple Payback Annual Potential Potential Annual CO2 Operational Grant Utility FIM Name Description (Existing Conditions) Description (Proposed Conditions) Building Min Max Min Max Savings (lbs) Savings Allocation Rebate * Min Max Low High Humidification Humidifiers are energy intensive and not Replace humidifiers and upgrade controlsp Cit HallY 27,000 32,700 0 0 0 500 0 50 527,000 32,700 54 65 Replacement controlled properly High outside air use in winter requires Solar Duct significant energy input to maintain Evaluate solar duct air preheat potential City Hall 21,400 25,900 670 830 8,553 0 0 s0 521,400 525,900 26 39 comfort Lighting consists of Metal Halide or High Upgrade exterior lighting to achieve dark - Exterior Lighting Pressure Sodium fixtures that are skies compliance, LED or Induction City Hall 224,000 271,100 2,300 2,850 44,565 0 0 0 224,000 271,100 79 118Improvementsinefficientandprovidepoorcolor technology rendering. Lighting consists of Metal Halide or High Exterior Lighting Pressure Sodium fixtures that are Upgrade exterior lighting to LED or Creek Center 107,400 129,900 1,750 2,160 33,860 0 0 0 107,400 129,900 50 74 Improvements inefficient and provide poor color Induction technology rendering. Lighting consists of Metal Halide or High dark - Upgrade exterior lighting to achieve dark - Exterior Lighting Pressure Sodium fixtures that are skies compliance, LED or Induction Ice Arena 41,000 49,700 690 850 15,232 0 0 0 41,000 49,700 48 72 Improvements inefficient and provide poor color technologyechnology Lighting System Dome uses metal halide fixtures that are Identity new lighting system Creek Dome 0 0 0 0 0 0 0 0 0 0 inefficient and have a high glare factor. Emergency Generator Emergency generator is located under the Upgrade and relocate emergency Upgrade cooling tower and is being corroded b9g y generator. Evaluate load shed application Ice Arena 7,300 8,800 0 0 0 500 0 0 7,300 8,600 15 18 high moisture conditions. Window Replacement Windows on City Center Administration Replace 52 windows with new hi efficiency City Hall 84,100 101,800 950 1,170 15,832 0 0 0 84,100 101,800 72 107 area are old, leak and are inefficient. windows. Building Envelope Building envelope leaks causing warm air Evaluate ng envelopes for air barrierbuilding Improvements to escape in the winter and cool air to effectiveness City Hall 44,000 53,200 2,500 3,090 31,621 0 0 0 44,000 53,200 14 21 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Maintenance Improvements to escape in the winter and cool air to barriers, proper insulation application Building 81,200 98,300 4,620 5,710 58,428 0 0 0 81,200 98,300 14 21. escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air building envelopes for air Improvements to escape in the winter and cool air toEvaluate barriers, proper insulation application Creek Center 28,700 34,700 1,630 2,010 22,704 0 0 0 28,700 34,700 14 21 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Improvements to escape in the winter and cool air to barriers, proper insulation application Fire Station #1 8,200 9,900 460 570 5,536 0 0 0 8,200 9,900 14 22 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Improvements to escape in the winter and cool air to barriers, proper insulation application Fire Station #2 7,600 9,200 420 530 5,189 0 0 0 7,600 9,200 14 22 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Improvements to escape in the winter and mol air to barriers, proper insulation application Fire Station #3 13,700 16,600 770 960 9,835 0 0 0 13,700 16,600 14 22 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Improvements to escape in the winter and cool air to barriers, proper insulation application Public Safety 47,800 57,900 2,720 3,360 34,075 0 0 0 47,800 57,900 14 21 escape in the summer wasting energy Building Envelope Building envelope leaks causing warm air Evaluate building envelopes for air Improvements to escape in the winter and cool air to barriers, proper insulation application Ice Arena 119,400 144,500 6,800 8,400 93,664 0 o 50 119,400 144,500 14 21 escape in the summer wasting energy Page 8 City of Plymouth - Energy Conservation Audit Q Project Master List 1n try 6-Jan-10 crrr yr roar vuu.urny Budget Annual Utility Savings "' Net Customer Cost Simple Payback Annual Potential Potential Annual CO2 Operational Grant Utility FIM Name Description (Existing Conditions) Description (Proposed Conditions) building Min Max Min Max Savings (lbs) Savings Allocation Rebate * Min Max Low High Lighting consists of Metal Halide pole and Upgrade exterior lighting to achieve dark - Exterior Lighting Flood lights for performance lighting that skies compliance and improve light level, Hilde Performance 141,700 171,500 5,110 6,310 43,881 2,500 50 50 141,700 171,500 16 23 Improvements are high on energy use, low on light calor rendering and control with LED Center output and color rendering. technology. Lighting consists of Metal Halide or High Exterior Lighting Pressure Sodium fixtures that are Upgrade exterior lighting to LED or Fire Station #1 17,400 21,100 410 500 6,363 450 0 0 17,400 21,100 18 25 Improvements inefficient and provide poor color Induction technology rendering. Lighting consists of Metal Halide or High Exterior Lighting Pressure Sodium fixtures that are Upgrade exterior lighting to LED or Fire Station #2 21,500 26,000 640 790 9,890 500 0 0 21,500 26,000 17 23ImprovementsinefficientandprovidepoorcolorInductiontechnology rendering. Lighting consists of Metal Halide or High Exterior Lighting Pressure Sodium fixtures that are Upgrade exterior lighting to LED or Fire Station #3 25,400 30,700 800 990 12,414 700 0 0 25,400 30,700 15 20ImprovementsinefficientandprovidepoorcolorInductiontechnology rendering. Program to: create energy mgmt team, create energy conservation best practices, RMC None Benchmarking, monitoring (alarms), All 26,100 31,600 0 0 0 0 0 0 26,100 31,600 training (internal & external), and dash boarding. Total All FIMS $2,667,816 $3,205,893 $106,189 $131,104 $1,501,893 $6,650 $0 $34,600 $2,617,966 $3,156,043 19 28 Total Staff Recommended Projects $621,316 $729,193 $9,639 $11,784 $69,700 $1,000 $0 $4,900 $601,166 $709,043 51 74 Total Remaining Potential Projects $809,100 $979,100 $62,590 $77,350 $970,482 $500 $0 $29,700 $779,400 1 $949,400 30 15 Page 9 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION ACCEPTING A CHANGE ORDER FOR ADDITIONAL PROJECTS TO USE THE REMAINING STIMULUS GRANTAND AUTHORIZING STAFF TO PROCEED WITH THE PROJECETS RELATED TO THE CITY'S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AWARD. (2009020) WHEREAS, on June 25, 2009, the City of Plymouth submitted a grant application for the Energy Efficiency and Conservation Block Grant program; WHEREAS, on September 21, 2009, the City of Plymouth was awarded an Energy Efficiency and Conservation Block Grant in the amount of $707,200; WHEREAS, on January 12, 2010, the City Council accepted an energy conservation report and recommended projects and authorized staff to proceed with preparation of an RFP to hire a consultant for final design, project management, bidding of improvements, monitoring and reporting; WHEREAS, on March 23, 2010, the City Council accepted the results of the RFP to hire a consultant and authorized staff to execute a guaranteed energy savings agreement with McKinstry for the completion of projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, accepts the change order and authorizes staff to complete the projects to spend the remaining $44,962 of the city's energy efficiency and conservation block grant award. Adopted this 26th day of October, 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 October 26, 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 10 rp)City -of Agenda 6m05PlymouthNumber: Li; To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk October 26, 2010 Reviewed by: Cal Portner, Administrative Services Director Approve Tobacco and Gasoline License Applications for Item: Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N 1. ACTION REQUESTED: Adopt the attached resolution approving tobacco and gasoline licenses for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N. 2. BACKGROUND: The city has received applications for tobacco and gasoline licenses from Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N. The license applications are due to a corporate change of ownership. The Police Department has found no reason for denial of the Tobacco License. 3. BUDGET IMPACT: The appropriate license fees have been received. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE TOBACCO AND GASOLINE LICENSES FOR NORTHERN TIER RETAIL LLC, D/B/A SUPER AMERICA #3351, 4325 PEONY LANE; AND SUPER AMERICA #4341, 5750 NATHAN LANE N WHEREAS, the City has received applications for Tobacco and Gasoline Licenses for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, the City Council 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 Tobacco and Gasoline Licenses are hereby approved for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N. The Tobacco and Gasoline Licenses issued are valid for the period through December 31, 2010. Approved this 26th day of October 2010. Page 2 rp)City of Plymouth Agenda 6 . O 6Number: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager Reviewed by: Doran Cote, Director of Public Works October 26, 2010 Approve Plans and Specifications and Order the Item: Advertisements for Bids Wild Wings Flood Protection Improvement Project City Project No. 7135 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving plans and specifications and ordering advertisements for bids for the Wild Wings Flood Protection Improvement Project, City Project No. 7135. 2. BACKGROUND: The Wild Wings Flood Protection Improvement Project, City Project No. 7135, is located within the Wild Wings residential development, west of State Highway 169, east of Zachary Lane and adjacent to Schmidt Lake Road. The development is adjacent to DNR protected waters 579W and 584W. The area was developed during the mid-1980s and utilizes the existing wetland system for storm water management, including flood protection. Multiple storm sewer pipes deposit surface water into these wetlands from road and residential properties and act as the drainage system for surface water in the area. External sediment deposition from roads and yards as well as internal organic matter decay has blocked the natural flow of water through the wetland system. This has resulted in water flowing around the edges of the wetlands where property and infrastructure are impacted, rather than to the middle. Surface water is blocked from reaching the middle of the wetlands and has created a flood hazard for roads and properties adjacent to the wetland system. This project proposes maintenance to relieve the flood potential in the area by excavating channels into the middle of the wetlands to provide surface water flow for drainage. Settling basins (approx. 500 square feet) would be constructed near the end of storm sewer pipes to increase the longevity of the proposed channels. The proposed channels are 26' wide with 3:1 slopes and are proposed to be excavated to a depth of 4' below the NWL. Total wetland impact is 2.81 acres. Excavated materials will be removed from the site and disposed of per MPCA requirements. Design and development on this project began in 2007. On September 23, 2008 the City Council declared a finding of "no -need" for an Environmental Impact Statement (EIS) based on review of an Environmental Assessment Worksheet (EAW). Permit applications were submitted in 2008 and additional information provided in 2009. Staff held a public information Page 1 meeting on November 19, 2009 where questions on protection of landscaping and access points to the wetland were discussed. To address these concerns, the project plans include a typical section for excavation near outfalls that generally accommodates resident concerns of damage to existing landscaping. Further protection will be discussed at the preconstruction meeting and additional modifications to avoid existing landscaping can be made in the field. Access to the wetlands will be from Schmidt Lake Road and 51" Avenue North as these locations will be least intrusive to the residents. Feedback through the permit application process indicated 2.81 acres of wetland mitigation would be required. Based on sales data from 2005-2008 the estimated cost to purchase wetland credits through the State's wetland bank system is $200,000. Wetland mitigation was not included in the original cost estimate. Additionally, bids were originally received on this project in January 2010. The apparent low bid of $199,291.00 to construct this project was 52% above the engineer's estimate of $131,532.26. The City Council subsequently rejected bids for this project on February 9, 2010. Residents have continued to be updated on the status of this project through mail and website updates. 3. BUDGET IMPACT: Funding for this project in the amount of $175,000 was included in the 2010-2014 Capital Improvement Program (CIP). In the proposed 2011-2015 CIP staff has included an additional 200,000 in funding for this project to account for wetland mitigation bringing the total estimated cost to $375,000. Funding will be from the Water Resources Fund. 4. ATTACHMENTS: Site Map Resolution Page 2 Page 3 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS WILD WINGS FLOOD PROTECTION IMPROVEMENT PROJECT CITY PROJECT N0. 7135 WHEREAS, plans and specifications have been prepared by the City's Engineering Department for the Wild Wings Flood Protection Improvement Project in the City of Plymouth and said plans and specifications have been presented to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on November 23, 2010 at which time they will be publicly opened in the Council Chambers at the Plymouth City Hall building at 3400 Plymouth Boulevard, Plymouth, Minnesota, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Approved this 26th day of October, 2010. Page 4 rp)City of Agenda 6 . 0 7PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager October 26, 2010 Reviewed by: Doran Cote, Director of Public Works Approve Plans and Specifications and Order the Item: Advertisement for Bids - Plymouth Creek Stream Bank Restoration Project, City Project No. 8128 1. ACTION REQUESTED: Adopt the attached resolution approving plans and specifications and ordering advertisements for bids for the Plymouth Creek Stream Bank Restoration Project, City Project No. 8128. 2. BACKGROUND: The scope of this project includes the area just upstream of the newly constructed Plymouth Creek Water Quality Ponds at West Medicine Lake Park and follows Plymouth Creek to 1000 feet north of 26th Avenue. This project will assist the City in addressing Medicine Lake's impaired water status for excess nutrients by reducing downstream sediment and nutrient transport and help the City meet future regulatory requirements set by the Minnesota Pollution Control Agency through Total Maximum Daily Load (TMDL) requirements. The Plymouth Creek Stream Bank Restoration Project feasibility report examined the potential to address severe stream bank erosion through a variety of natural best management practices such as root wads, riffles, rock vanes, and soil pillows. The feasibility report also indicated that in some cases, hard armoring with rock or riprap may be necessary to protect the stream bank. The portion of the project north of 26th Avenue will be bid as Alternate 1. Staff is currently in the process of acquiring easements over Plymouth Creek to allow for post -project maintenance work, when necessary. Staff has received one of ten requested easements for the portion of the project south of 26th Avenue and has received none of eleven requested easements for the portion of the project north of 26th Avenue. The requested easements constitute approximately 20% of the project south of 26th Avenue and 100% of the project north of 26th Avenue. In addition to easement acquisition, other components of this project include extensive permit preparation for review by various regulatory agencies as well as re-routing approximately 1,500 feet of Plymouth Creek near West Medicine Lake Drive to a historic location. Re-routing the creek in this location will help to reduce flooding potential of adjacent properties and to provide an improved alignment of Plymouth Creek into the newly constructed water quality ponds. Page 1 3. BUDGET IMPACT: The 2010-2014 Capital Improvement Program (CIP) includes $1,100,000 between 2010 and 2014 for construction of the Plymouth Creek Streambank Restoration Project including wetland mitigation, construction, engineering, administration, and contingencies. Funding is proposed from the following sources: Bassett Creek Watershed Management Commission: $ 910,200 Hennepin County Riparian Restoration and Streambank Stabilization Grant: 155,000 Water Resources Fund (in kind services): 34,800 Total $1,100,000 4. ATTACHMENTS: Proposed Project Aerial Photo Resolution Page 2 Plymouth Creek Streambank Restoration Approximate Survey Limits Proposed Plymouth Creek Streambank Restoration North of 26th Avenue to West Medicine Lake Blvd. City Project 8128 City of Plymouth Engineering Department October 1, 2009 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS PLYMOUTH CREEK STREAM BANK RESTORATION PROJECT CITY PROJECT No. 8128 WHEREAS, plans and specifications have been prepared by Wenck Associates for the Plymouth Creek Stream Bank Restoration Project in the City of Plymouth and said plans and specifications have been presented to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. 3. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on November 24, 2010 at which time they will be publicly opened in the Council Chambers at the Plymouth City Hall building at 3400 Plymouth Boulevard, Plymouth, Minnesota, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Approved this 26th day of October, 2010. Page 4 city ofp))vPlymouth Agenda 6 . O 8Number: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer October 26, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Declaring Adequacy of Petition, Order Preliminary Item: Engineering Report and Authorize Engineering Work Suncourt Street Improvement Project City Project No. 11006 1. ACTION REQUESTED: Make a motion to adopt the attached resolutions to declare adequacy of petition, order the preparation of a Preliminary Engineering Report and authorize engineering work for the above referenced project. 2. BACKGROUND: The City received a petition from the Parkers Lake Homeowners Association requesting the City to reconstruct the streets in the Suncourt area. This area is includes Terraceview Lane, south of 18th Avenue N., and the adjacent cul-de-sacs from 15th Place N. to 17th Place N.. Attached is the petition cover letter that was received on September 14, 2010 from the property owners. Also attached is a map showing which property owners signed the petition. In total, 75 of a possible 134 homeowners (56%) signed the petition. Additionally, in order to provide for a timely delivery for this project, it is requested to authorize expenditures in 2010 for the preliminary engineering of this project (survey, soil boring, etc.). 3. BUDGET IMPACT: The proposed project is not included in the proposed 2011-2015 Capital Improvement Program CIP). The total project cost of this project is estimated at $2,000,000. 4. ATTACHMENTS: Location Map Petition Cover Letter Petition Area Map Resolutions Page 1 PARKERS LAKE HOMEOWNERS ASSOCIATION, INC. 3300 Edinborough Way 9202 Edina, MN 55435 Tel: 952-831-8325 Fax: 952-253-3352 www.laukka.com September 9, 2010 Mr, Jim Renneberg, P.E. City of Plymouth Assistant City Engineer 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Renneberg: Thank you for the time you have given us to discuss and to review the petition process required for the reconstruction of the public streets within the Parkers Lake Homeowners Association. The Association held two informational meetings in July to discuss the street reconstruction with the homeowners and, as a result of the meetings the Association has procured signed petitions from 76 out of 134 homeowners which represents 56% of the neighborhood. Enclosed are the following: The signed petitions A site map with color -coded lots that signed the petition A copy of the correspondence that was issued to each homeowner We request that our collective petition be submitted to the City of Plymouth, the Mayor and the Council for consideration to initiate the process to have the Association's public streets reconstructed. Sincerely, On Behalf of the Board of Directors i Michael Lauk -a Managing Agent Enclosures SEP 14 2010 Page 3 m CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDER PRELIMINARY ENGINEERING REPORT FOR THE SUNCOURT STREET IMPROVEMENT PROJECT CITY PROJECT N0. 11006 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: A certain petition requesting the improvement of the Suncourt area that includes Terraceview Lane, south of 18th Avenue N., and the adjacent cul-de-sacs from 15th Place N. to 17th Place N., filed with the Council on October 26, 2010, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035. 2. The petition is hereby referred to the City Engineer and that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost effective, and feasible and as to whether it should best be made as proposed or in conjunction with some other improvement, and the estimated cost of the improvements as recommended. Approved this 26th day of October, 2010. Page 5 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION AUTHORIZING ENGINEERING WORK FOR THE SUNCOURT STREET IMPROVEMENT PROJECT CITY PROJECT N0. 11006 WHEREAS, it would be prudent to initiate engineering activities on the Suncourt Improvement Project in order to provide for the timely delivery. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Engineering staff is authorized to proceed with preliminary engineering and engineering activities for the Suncourt Street Improvement Project. Approved this 26th day of October, 2010. Page 6 rp)City of Agenda 6 . 0 9 Plymouth Number: 7fp,1(fty `n LIP To: Laurie Ahrens, City Manager REGULAR Prepared by: Shawn Drill, Senior Planner COUNCIL MEETING Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, October 26, 2010 Community Development Director Approve request by Schuett Real Estate Group for a Item: one-year extension to the development approvals for Plymouth Memory Care (2008077) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a one-year extension of the development approvals for Plymouth Memory Care, for property located southeast of Old Rockford Road and 45th Avenue. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicant is requesting a one-year extension of the development approvals granted for Plymouth Memory Care to allow two existing town -office buildings to be connected via an addition and converted to a 45 -room memory care facility. The project was approved by the City Council on October 28, 2008, and has since received a one-year administrative extension. The previous approvals included a site plan amendment to address the proposed site changes. The applicant states that they are requesting the extension because they are presently working with an investor who is interested in proceeding with the project. The Zoning Ordinance sets an expiration period on development approvals to ensure that development complies with the most recent code amendments. There have been no code amendments affecting this project since the time that the approvals were granted. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Letter from Applicant Requesting Extension Resolution 2008-230 Approving a Site Plan Amendment Location Map Site Graphic Resolution Extending Development Approvals P:/CommDev/STAFFREP/CC/2008/2008077-Extend-2-Schuett-Plymouth-Memory-Care-CC Page 1 Schuett Reaf Estate Group, LLC Friday, October 08, 2010 City of Plymouth Attention: Shawn Drill 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Re: 18205 45th Avenue North (Plymouth Memory Care) Dear Shawn: The purpose of this letter is to formally request a one year extension of the approvals for the above referenced project. we are excited about the opportunity to complete this project and believe it will be a tremendous asset to the community. If you have any questions, or if I may be of additional assistance, please do not hesitate to call. Thank you for your help in this matter. Sincerely, Thomas L. Schuett Chief Manager 16220 44th Avenue North Plymouth, MN 55446 612.867.9017 Page 2 COPY CITY OF PLYMOUTH RESOLUTION 2008.320 APPROVING A SITE PLAN AMENDMENT FOR SCHUETT REAL ESTATE GROUP FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND 45TH AVENUE (2008077) WHEREAS, Schuett Real Estate Group has requested approval of a site plan amendment for the roughly 2.3 -acre site legally described as Lot 1, Block 2, Plymouth Office Plaza; and WHEREAS, the Planning Commission has reviewed the 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 Schuett Real Estate Group for a site plan amendment for four additions for property located at the southeast corner of Old Rockford Road and 45th Avenue, subject to the following conditions: 1. A site plan amendment is hereby approved, in accordance with the application and plans received by the City on October 3, 2008, except as may be amended by this resolution. 2. Compliance with the conditions established in Resolution 2004-308 which approved the original site plan and variances for this site, except as may be amended by this resolution. 3. Prior to issuance of building permits for the proposed additions, the applicant shall: a. Provide a site improvement performance agreement (SIPA) for all proposed site improvements, including but not limited to, additional landscaping and replacement curb and gutter. b. Obtain the appropriate permits from the Building Division. c. Furnish the City will a copy of the plat for Plymouth Office Plaza. d. Submit a separate written request and provide the required $450 fee to vacate certain existing drainage and utility easements that would no longer be necessary. A separate City Council approval is required for the vacation of easements. e. Indicate on the utility plan the size and type of all existing and proposed pipe for the utility system. Also, indicate the existing sanitary sewer pipe on the east side of the site. f. Add a note to the utility plan stating that the contractor shall contact the Sewer and Water Department at 763-509-5950 at least 24 hours before public sewer/watermain connection. g. Verify that sewage flows are within permitted flows of original permit application. Page 3 Resolution 2008-320 2008077) Page 2 C(DPY 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Standard Conditions: a. The applicant shall comply with the ordinance regarding the location of fire hydrants, lock boxes, post -indicator valves, fire department connections, fire lanes, fire lane signage, and sprinkling of buildings. b. An approved solenoid valve is required on combination fire/domestic lines. c. The site plan shall comply with the City of Plymouth's current Engineering Guidelines/Standard Detail Specifications or with the State Plumbing Code, whichever applies. d. The applicant shall submit a reproducible 8 112 x 11 inch "As Built" Fire Protection Plan prior to the release or reduction of any required financial guarantees. e. The applicant shall submit reproducible Mylar prints and an electronic copy (CD) of sanitary sewer, water service, storm sewer, and pond As-Builts for the site prior to the release of required financial guarantees. f. The site plan amendment shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, 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 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on October 28, 2008. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on October 28, 2008 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 4 Location Map- 2008077 Schuett RIE Group Plymouth Memory Care 78205 45th Avenue North Request for Rezoning & Site Plan Amendment City of Plymouth, Minnesota Legend jUM C, Comercial CC, City Center FMCO, Commercial Office IP, Planner! Industrial LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LAR, Living Area Rural P -I, Public/Semi-Public/Institut 400 200 0 400 800 1,200 Feet Page 5 LANDSCAPE PLAN Ile Planting palerte: r .i IY I n1i MTll yu lNi.ri.ir , I LANDSCAPE PLAN Ile Planting palerte: A EXISTING BUILDING EE V nE 96 NJILN v0 RA N10 i Moi m M— NX 'J t Wim. nsrau ruewl,,Wp% 0 20 Ito mom. j IF11,11ii QM -Li ALLQA--iMaNTEft&jQE STIR P @]YT,SHRQQ PLANTING SECTION._ 8u ro 0 R @4UERE NNi PLANTING -SECTION DRAWN BY 00H DATE Ob/20/03 REMSIONS eA DECIDUOUS TBEE PLAi - SECTION CAD ni- PROJECT NO. LANDSCAPE DETAILS, NOTES AND SCHEDULES: 22556 1 2-1 Page 6 CITY OF PLYMOUTH RESOLUTION 2010 - APPROVING A ONE-YEAR EXTENSION OF THE DEVELOPMENT APPROVALS FOR SCHUETT REAL ESTATE GROUP FOR PLYMOUTH MEMORY CARE, LOCATED SOUTHEAST OF OLD ROCKFORD ROAD AND 45T" AVENUE (2008077) WHEREAS, Schuett Real Estate Group has requested a one-year extension of the development approvals (site plan amendment) granted for property legally described as Lot 1, Block 2, Plymouth Office Plaza, Hennepin County, Minnesota. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Schuett Real Estate Group for a one-year extension of the development approvals granted for Plymouth Memory Care, for property located southeast of Old Rockford Road and 45th Avenue, subject to the following conditions: 1. A one-year extension to the development approvals is hereby granted subject to the findings and conditions listed in Resolution 2008-320 approved on October 28, 2008. 2. The development approvals shall now expire on October 28, 2011. ADOPTED by the City Council on October 26, 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 October 26, 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 7 rp)City of Agenda 6 . 1 0PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Shawn Drill, Senior Planner October 26, 2010 Reviewed by: Barbara Senness, Planning Manager, and Steve Juetten, Community Development Director Approve final plat and development contract for Item: "Taryn Hills 11th Addition" for 22 single-family lots located north of County Road 47 at Fernbrook Lane 2010080-F) 1. ACTION REQUESTED: Move to adopt the following attached items: a) a resolution approving a final plat and development contract for Taryn Hills 11th 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. The area south of County Road 47 includes 102 single-family lots, 280 townhomes, and a major segment of the northwest greenway corridor. Upon recording of this 11th Addition, all of the final platting will be completed for the residential portion of the Taryn Hills subdivision. 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. 3. BUDGET IMPACT: Not applicable. Page 1 File 2010080 Page 2 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/2010/2010080-F-Taryn-Hills-1111-Addn-CC Page 2 Location Map - 2010080 U.S. Home Corporation Taryn Hills 11th Addition Final Plat City Of Plymouth, Minnesota Plymouth/ Maple Grove border SITE nil SON Legend M C, Comercial CC, 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 LA -R1 LA -R2 LA -R3 LA -RT P-1, PubliclSerni-Public/InstitutionaI 500 250 0 500 1,000 1,500 Feet Page 3 CONTINDTDKRH SHOWNAR6aT IN ANsaaRoxwnTE wAY IXLY. THETORRECDETERMINETMEE% AGTLOCATIONWIFIJ IRES OliINORTID'T L BEFORE CDMMENCINO WORN. HEAUkUAE O TOSSPUIyYREDPONlilLEPORANYANOALLOAMAGEBARISIN6011TOFHISFwtNAETOE1tAITLYIuwTEuuonnesmGAnv wo Au Exlsrinc unLInER, Area, Of Proposed, i! • _ -1 APPROVED PREI-IMINARY P1 -4T NORTH SCALE W FEET Jul 2 8 2005 t IHCREIlTOERTIFYTNnT THIS PLN -OR SPFWIp TION" PREPARE06YMEOR ONEfR MY I ILEA 1 DIRECT SU I—SION MDT T I AM A DULY REC9TERED P FESSIONnL FNaInEFa—FiFf w:Lsiol.sca „nwc TRE LnwsffTRE ST IEOFMwxEYOT0. '-' SHEEP S. ,o cAm offer Ilg—N L DF SP1 Page 4 REVISIONS Lsc UNIT Rp51SS,Y,B ay MTIf MTX RSM PP nw/ RVIM MI—Y TAlLE WP1E! U z Hm rLu W 4 Nw 1 VJ sbSyi wipwa N3 DF6N4 U2 Q O w H L J 2 z O P m Q o zLu J a J Jul 2 8 2005 t IHCREIlTOERTIFYTNnT THIS PLN -OR SPFWIp TION" PREPARE06YMEOR ONEfR MY I ILEA 1 DIRECT SU I—SION MDT T I AM A DULY REC9TERED P FESSIONnL FNaInEFa—FiFf w:Lsiol.sca „nwc TRE LnwsffTRE ST IEOFMwxEYOT0. '-' SHEEP S. ,o cAm offer Ilg—N L DF SP1 Page 4 TARYN HILLS I I TH ADDITIONC.R. . C. DOC. 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I William P, 8w.*, N..a•pi.Onmy 9_., //) y ' b SP 1 ,y _ uarr• . t QBa Q®7p2>?y /i i" 10"iH1s+' By: ' G rsB'aycy per~ °. ej11 r r°r _ srroYa cpinn-rx6co cR pRAinAaan>ml,rn.[r•rr sRwercrsNrssllaw,rnws: Ml— ee>'p rFG' 10 xamrpk c¢wrr. { > b J M1 1pt f6md,vmn;yuul Nl.w;ude pk,°fTARYx HELLS llnl MnfftnNwm Skd fm e.tord kJde•Tmlbk _d¢r °! 90 n1_•otlnek _nl, d 1 /fy h^ d pe 1: .57 y" ` Mlcheei H, C4maT. liemcpin C—y lta¢Itlm L ti S89°3T34"E o!b I TAR Inl 'HILLS, III I S doe*° •aq„, NpT T06GL5 Illl ill IV nL.L_..^. d 4 SATHRE-BERGQUIST, INC. , 2414 6Aefir,.okrd6cuvy¢I¢hglaoh n,uam ¢Wv4OCiWal,.nalalPtw,Ia.daWma.Nww°PAwna[yWr:, 0dmwiw habw, r,w°¢nimrlu dRn m I'l{Y iro11Wt1' FINAL PI6661AT Page 5 DEVELOPMENT CONTRACT Developer Installed Improvements) TARYN HILLS 11Th Addition (2010080) 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 Taiyn IIills 11`F' 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 F, Taryn Hills, Hennepin County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, furnish the security required by it, and record the plat with the county recorder or registrar of titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or Iand to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Hennepin County Recorder's Office. 4. PHASED DEVELOPMENT, If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. 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 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 Plan Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan Plan G - Permanent Traffic Control Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities 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 more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. 2— P:1CommDev%STAFFREPIDevelopment Contracts1201012010080-Taryn-Hills-1 Ith-DC.doex Page 7 The Developer or the DeveIoper'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 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 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 $9,512.16. 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 watermains — approved August 8, 2008 090124 NPDESpermits — approved MPCA for sanitary sewer and hazardous material removal and disposal MCES for sanitary sewer connections — approved July 30, 2008 Elm Creek Watershed — approved City of Plymouth building permits 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2012, with the exception of the final wear course of asphalt on streets. Final wear course placement will be allowed in a new housing development only after one freeze — thaw cycle and after 75% of all units 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:1CommDev\STAFFRF-PWevelopment Contracts120I012010080-Taryn-Hills-11th-DC.doex 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 Fembrook Lane and 61" Avenue. 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 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 FI-IAJIIUD 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 S 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 until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling 4 P:1CommDev%STAFFREPWevelopment Contracls120101201008 0-Taryn-Hills-11th-DC. do cx Page 9 on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must fiunish 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 $39,882.70 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 (27.89 percent) of the city's dedication requirement. The developer shall pay a cash contribution equaling 5— P:1CommDcv1STAPPRGP1Development Co"tractsl201012010080-Taryn-Hills-r rth-DC,docx Page 10 27.89 percent of the "per unit maximum cash payment" for each of the 22 new dwelling units within this 11th 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 11"' Addition" plat is recorded in 2010; 22 new dwelling units in this final plat multiplied by $1,812.85 (2789%x$6,500) equals 39,882.70. 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: 13.66 acres — 2.0 acres of wetland 11.66 acres x $3,525 per acre = $41,101.50. 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 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: 13.66 acres — 2.0 acres of wetland = 11.66 acres x $950 per acre $11,077.00. 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 F of this section, curbing and one lift of asphalt shall be installed on all public and private streets serving the subject lot. 6— P:1ConiinDev1STAFFR P\Development Contracts1201012010080-Tatyn-Hills-11th-DC.doex 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. Five (5) light(s) at a cost of $983.50 per year and a two year cost of $1,967.00. 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 twenty-two (22) lots, which results in an estimated cost of $7.45 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:%CommBevISTAI,'FRL-P%Development Contracts1201012010080-Taryn-Hills-11th-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 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 attoimeys' 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 $6,200 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 62 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. 8- P:IComtnDev%STAFF]tLPWevelopment ContractsQ01012010080-Taryn-Hills-1 lth-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 she include the "City of Plymouth's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement project. E. Other requirements: 1. Prior to recording the final plat, the applicant shall execute the development contract 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/ erosion control plan: 1) 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. 2) Provide an erosion control plan. 3) Identify location of rock construction entrance(s). 4) Identify inlet protection locations. 5) Identify concrete truck washout area. C. Easements/agreements: 1) Drainage and utility easement for the rain garden must match the drainage and utility easement on the final plat. Revise plans as necessary. 2) An encroachment agreement is required for the retaining wall on Lots 4-6 of Block 3. 3) A maintenance agreement is required for the rain garden. 9 P:1CommDevlSTAFFREP1Development Contracts1201012010080-Taryn-Hills-11th-DC.docx Page 14 d. Street and utility plans: 1) Identify existing stop and street name signs on 615 Avenue. 2) Show a stop and street name sign in the northwest corner of the intersection at Glacier Lane and 61" Avenue. 3) Show a street name sign in the northwest corner of the intersection at Glacier Lane and Fernbrook Lane. 4) Indicate a trail though Outlot A from the Fernbrook Lane cul-de- sac to the existing Trail in Outlot E to the north. 5) Show the existing Three Rivers Park District regional trail along the easterly boundary of the plat. 6) Change sanitary sewer pipe between Manhole 1 and Manhole 5 to SDR 26. 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. 5. Direct vehicular (driveway) access to Glacier Lane shall be prohibited for Lots 3, 4, and 5, Block 2. Access to these lots shall come from Fernbrook Lane, 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. 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. 10 P:kCommDev%STAFFREPIDevelopment Contracts1201012010080-Talyn-Hills-1 1 th-DC. docx Page 15 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 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 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. 11— P:1Commbev\STAFFREP1Development Contracts1201012010080-Taryn-Hills-11th-DC.doex Page 16 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, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 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 workmanship 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 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 $513,912. The amount of the security was calculated as follows: mrm P:\CommDev%S'I'AFFREPIDevelopment ContrectsCOI 012010080-Taryn-Hills-11th-DC.docx Page 17 ESTIMATED COSTS Private (2) Rain Garden 3,000 Boulevard & Drainage Swale Sod, Silt Fence 9,000 Street and Traffic Control Signs 1,800 Sidewalk Improvements 38,925 Street Lighting Setting Iron Monuments SUB -TOTAL: Design, Admin., Insp., As-Builts (12%) TOTAL: 25,000(3) 6,200 424,650 34,200 50,958 4,104 475,608 38,304 Total 208,773 61,174 Developer ITEM Installed (i) Street Construction 208,773 Sanitary Sewer System 61,174 Watermain System 58,000 Storm Sewer System 46,978 ESTIMATED COSTS Private (2) Rain Garden 3,000 Boulevard & Drainage Swale Sod, Silt Fence 9,000 Street and Traffic Control Signs 1,800 Sidewalk Improvements 38,925 Street Lighting Setting Iron Monuments SUB -TOTAL: Design, Admin., Insp., As-Builts (12%) TOTAL: 25,000(3) 6,200 424,650 34,200 50,958 4,104 475,608 38,304 Total 208,773 61,174 58,000 46,978 3,000 9,000 1,800 38,925 25,000 6,200 458,850 55,062 513,912 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) Five (5) street light(s) @ $5,000 = $25,000. 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 $52,178.50 = $13,044.63 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 15,490 + $2,000 P:1CommbevlsTAFFREPWovetopment Contracts1201012010080-Talyn-Hills-11th-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$39,882.70 Street Light Operating Fee $1,967.00 Administration of Development Contract $9,512.16 TOTAL CASH REQUIREMENTs LEVIED: $51,361.86 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, MN 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, MN 55447 The Developer shall notify the City within five days of change of address. 14— P:1CominDevlsTAFFRLPIDevel opment Contracts120101201008 0-Taryn-Hill s-11 th-DC. do ox Page 19 CITY OF PLYMOUTH RESOLUTION N0. 2010- A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR TARYN HILLS 1 1T" ADDITION" FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 47 AT FERNBROOK LANE (2010080-F) WHEREAS, U.S. Home Corporation has requested approval of a final plat for 22 single- family lots on 13.66 acres of land located north of County Road 47 at Fernbrook Lane in the Taryn Hills" plat; and WHEREAS, the property is presently legally described as Outlot F, Taryn Hills, 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 1 lth 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 11th Addition is approved in accordance with the plans received by the city on October 14, 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 2010080-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/ erosion control plan: 1) 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. 2) Provide an erosion control plan. 3) Identify location of rock construction entrance(s). 4) Identify inlet protection locations. 5) Identify concrete truck washout area. c. Easements/agreements: 1) Drainage and utility easement for the rain garden must match the drainage and utility easement on the final plat. Revise plans as necessary. 2) An encroachment agreement is required for the retaining wall on Lots 4-6 of Block 3. 3) A maintenance agreement is required for the rain garden. d. Street and utility plans: 1) Identify existing stop and street name signs on 61" Avenue. 2) Show a stop and street name sign in the northwest corner of the intersection at Glacier Lane and 61 St Avenue. 3) Show a street name sign in the northwest corner of the intersection at Glacier Lane and Fernbrook Lane. 4) Indicate a trail though Outlot A from the Fernbrook Lane cul-de-sac to the existing Trail in Outlot E to the north. Page 21 Resolution 2010 - File 2010080-F Page 3 5) Show the existing Three Rivers Park District regional trail along the easterly boundary of the plat. 6) Change sanitary sewer pipe between Manhole 1 and Manhole 5 to SDR 26. 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. 6. Direct vehicular (driveway) access to Glacier Lane shall be prohibited for Lots 3, 4, and 5 of Block 2. Access to these lots shall come from Fernbrook Lane. 7. 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 October 26, 2010. Page 22 Resolution 2010 - File 2010080-F Page 4 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on October 26, 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 23 CITY OF PLYMOUTH RESOLUTION NO. 2010 - ADOPTING ASSESSMENTS TRUNK SANITARY SEWER AND WATER MAIN TARYN HILLS 11th ADDITION (2010080-F) WHEREAS, the City has received a Waiver of Assessment Hearing from the property owner of TARYN HILLS 11th 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: 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 $52,178.50. Adopted by the City Council on October 26, 2010. PAOrganization\Council\Council Staff Reports\2010\102610\z 610 4 Taryn Hills I I ffiag 1024 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on October 26, 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 25 p))city of Agenda 6 . 1 1pIymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Eric Blank, Director of Parks & Recreation October 26, 2010 Reviewed by: Item: Amend Budget for West Medicine Lake Park Pedestrian Bridge Project 1. ACTION REQUESTED: The City Council should approve the attached resolution amending the approved budget for the bridge at West Medicine Lake Park. 2. BACKGROUND: Earlier this year, the City coordinated the construction of a three -tiered ponding system at West Medicine Lake Park. The purpose of the ponds is to increase the water clarity of Medicine Lake. The overflow parking for this park is located along West Medicine Lake Drive on the west side of the newly constructed ponds. In order to get people from the west parking lot to the beach area, two peninsulas were graded into the pond project to allow for a 150 -foot long clear -span bridge to connect the two sides of the park. After the ponds were completed and the peninsulas graded, soil borings were taken in order to design the bridge abutments necessary for supporting the clear -span bridge. Unfortunately, it will be necessary to sink pilings 100 feet deep on both sides of the bridge in order to stabilize the footings. We spent the last six months delaying this project, looking at every conceivable option to resolve this situation. Unfortunately, we cannot find a better solution for this application than proceeding with the clear -span bridge. We have to allow for a great amount of water during flood conditions to get through these ponds and not be hindered in any way. We also want to think about the appearance of the park and easy and safe access for park visitors. For these reasons, we think that we should proceed with the original plan for the 150 -foot clear -span bridge. If Council approves this budget amendment, we would proceed with this work over the winter months and expect to have the bridge ready by next spring. 3. BUDGET IMPACT: The current budget for this project is $100,000 to come from the Water Resources Fund. The new estimated cost is $200,000. Staff is recommending that $100,000 be taken from the Park Dedication Fund for this project. 4. ATTACHMENTS: Grading plan for the pond 2 Photographs of the finished pond Picture of clear -span bridge Resolution Page 1 M W M M M M M M M M m M M M M MR M a Page 2 49" Aw v44, 91110 ZC rk. m 7W it., 10. Ni & Jv A0.1... 1, 16IRK. vn'f i jll,' IAN !fe' JA I lot The most common truss style is the Pratt. This is a parallel chord truss with diagonal members slanting toward the center of the span and separated by ver- ticals. Double diagonals can be added at additional expense. The Pratt can be built with underhung floor beams, as an H-section (floor beams connected to the verticals) or with overhead bracing. PRATT Page 5 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING AMEND BUDGET FOR WEST MEDICINE LAKE PARK PEDESTRIAN BRIDGE PROJECT WHEREAS, West Medicine Lake Park has been rergraded to allow for three water quality control ponds within the park boundaries, and WHEREAS, the project included a proposed bridge from the east to west shore of the new pond, and WHEREAS, cost for constructing the bridge is higher than originally anticipated, and WHEREAS, the City Council has reviewed the new cost proposal, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that a new budget of $200,000 is approved for the West Medicine Lake Park Pedestrian Bridge Project, and further, that funding is to come $100,000 from the Water Resources fund and $100,000 from Park Dedication Fund. Approved this 26th day of October, 2010. Page 6 p))city of Agenda 6.12PlymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Eric Blank, Director of Parks & Recreation October 26, 2010 Reviewed by: Item: Approve Purchase of Vacant Land for the Northwest Greenway 1. ACTION REQUESTED: The City Council should adopt the resolution approving the purchase agreement between Annabelle and Ervin Gross and the City of Plymouth for the purchase of approximately ten acres of property at 5735 Dunkirk Lane North. Z. BACKGROUND: On August 11, the City received an appraisal from Nagel Appraisals on these ten acres of property. The appraised value was $1 million. After I received the appraisal, I met with the landowners Annabelle and Ervin Gross to discuss the sale of the property. Based on that negotiation, we reached a tentative agreement for a sale price of $1,040,000. The City Attorney's office has prepared the attached vacant land purchase agreement for Council review and approval. This ten acres of property is immediately west of Dunkirk Lane and across the street from the ten acres we bought from Mr. Scherber earlier this year. Part of this property will be used for the Northwest Greenway Trail System. Some of the property will be used for a future neighborhood park to serve this area. This property adjoins the Dog Park at the southeast intersection. This will provide us maintenance access to the Dog Park that we do not have from the north because of the wetland along County Road 47. 3. BUDGET IMPACT: We have proceeds in the amount of $882,147 left over from this summer's bond sale which will be used for the acquisition of this property. The remaining cost of approximately $157,853 will be charged to the park dedication fund. The approving resolution will allow for this to be reimbursed to the park dedication fund once we sell the next series of open space bonds. 4. ATTACHMENTS: Vacant Land Purchase Agreement Site Map Resolution Page 1 VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on the 13 day of October, 2010, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, 3400 Plymouth Boulevard, Plymouth, MN 55447 ("Buyer"), and ANNABELLE M. GROSS and ERVIN G. GROSS TRUS- TEES OF THE ANNABELLE M. GROSS TRUST AGREEMENT DATED JUNE 7,1985 or its assigns, c/o Annabelle and Ervin Gross, 17921 Tioga Trail, Wayzata MN 55391 ("Seller"). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located in the City of Plymouth, County of Hennepin, State of Minnesota, legally described as provided in Exhibit A attached hereto and made a part hereof ("Subject Property"). 3. PRICE AND TERMS. The price for the Subject Property included under this Purchase Agreement is One Million forty Thousand and 00/100 Dollars ($1,040,000.00), which Buyer shall pay in cash on the Closing Date. 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, conveying good and marketable title of record, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by the Buyer. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Prior Years' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Seller not later than the Date of Closing. B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the Date of Closing. Buyer shall assume installments not paid at Closing. Seller shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable by Seller in the year of Closing. C. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of Closing shall be paid by Seller at Closing. D. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all other special assessments levied as of the date of this Purchase Agreement. E. Pending Special Assessments. Buyer shall assume all pending special assessments, if any. Page 2 6. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that there has been no labor or material furnished to the Subject Property for Seller for which payment has not been made. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Subject Property in order to make, at Buyer's expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Subject. Property and to indemnify, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever arising from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Subject Property without Seller's prior written consent. Seller's consent may be conditioned upon any restrictions that Seller deems necessary. Buyer shall provide to Seller a copy of any such surveys, measurements, soil tests or other tests within five (5) days after receipt. 8. POSSESSION. Seller shall deliver possession of the Subject Property not later than the actual date of closing. 9. TITLE INSURANCE. Within fifteen (15) days of the date of this Agreement, Buyer shall be responsible for obtaining title evidence and reviewing title to the Subject Property. Buyer shall be allowed twenty (20) business days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. 10. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. if notice is given and Seller proceeds in good faith to make title marketable but the 120 days period expires without title being made marketable. Buyer may declare this Purchase Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable. or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may a) Undertake proceedings to correct the objections to title; or 154026v1 2 Page 3 b) Rescind this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller's sole remedy is to cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer's exclusive remedy is rescission of this Purchase Agreement by notice as provided herein. If any objection is so made, Seller shall have ten (10) business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within one hundred twenty (120) days from Seller's receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. This Agreement shall be null and void at the option of Buyer, if no such notice is given or if notice is given but title is not corrected within the time provided. Neither party shall be liable for damages hereunder to the other and the earnest money, if any, shall be refunded by Seller. Buyer and Seller agree to sign a cancellation of this Agreement. 11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph l above and if mailed, are effective as of the date of mailing. 12. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 13. WELL DISCLOSURE. [Check one of the following: ] XX Seller certifies that Seller does not know of any wells on the Subject Property. Wells on the Subject Property are disclosed by Seller on the attached Well Disclosure form. 14. DISCLOSURE OF INDIVIDUAL ON-SITE SUBSURFACE SEWAGE TREATMENT SYSTEM. [Check one oflhe follom ing: ] XX Seller certifies that Seller does not know of any individual on-site sewage treatment systems on the Subject Property. Individual on-site sewage treatment systems on the Subject Property are disclosed by Seller on the attached Disclosure form. 15. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES. A. Seller, as part of the consideration therefore, represents, warrants, and covenants with Buyer and its successors and assigns that: 1. to Seller's knowledge, without inquiry or investigation, no entity or person has, at any time: a.) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Subject Property or adjacent tracts in violation of applicable laws; or 154026vl 3 Page 4 b) taken any action in "response" to a"release" in connection with the Subject Property or adjacent tracts; or c) otherwise engaged in any activity or omitted to take any action which could subject Seller or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances as defined below) located in or on the Subject Property or adjacent tracts, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below) in violation of applicable law. The terms set within quotation marks above means any substance, whether waste, liquid, gaseous or solid matter that is or is deemed to be hazardous, hazardous waste, toxic, pollutant, a deleterious substance, a contaminant or a source of pollution or contamination under any applicable environmental law. 2. Seller has the present full authority and power to execute this Agreement and will have the power to close the sale of the Subject Property by the date of Closing. 3. That Seller has not received notice of (a) any actual or pending litigation or proceeding by any organization, person, individual or governmental agency against Seller with respect to the Property or against the Property, (b) any violation of the Property's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, laws, rules or regulations, (c) any condition, defect or inadequacy which, if not corrected, would result in the termination of, or increase in the cost of, insurance coverage, (d) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legal requirements applicable to the Property or any part thereof, or (e) any pending or threatened condemnation proceeding that would affect the Property. B. All of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to proceed with the Closing following such discovery, Buyer shall be deemed to have waived its rights to assert a claim against Seller arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. C. PROTECTED HISTORICAL SITES. (Select either (1) or (2) below.-] XX Seller represents that Seller does not know if there are historical, native American, or archeological materials on or in the subject property that might be protected by law. Seller represents that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer's obligation to close is contingent upon Buyer determining to Buyer's satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by 154026v1 4 Page 5 federal or state lay. 16. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this Agreement shall occur at a location designated by Buyer, and shall occur within 20 days after the removal of the contingencies set forth in Section 20 of this Agreement ("Closing Date"). Unless otherwise agreed by the parties in writing, in the event that any of the contingencies identified under 20 is not satisfied prior to December 31, 2010 this Agreement shall be null and void and of no further force and effect. At closing, Seller and Buyer shall disclose their Social Security Numbers or federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 17. CLOSING DOCUMENTS. A. At the Closing, Seller shall execute and/or deliver to Buyer the following (collectively the Closing Documents"): 1) Warranty Deed. A Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: `Seller certifies that the Seller does not know of any wells on the described Subject Property." 2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Subject Property; that there has been no skill, labor or material furnished to the Subject Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Subject Property. 3) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Seller, containing such information as shall be required by the Internal Revenue Code, and the regulations issued there under, in order to establish that Seller is not a "foreign person" as defined in § 1445(f)(3) of such Code and such regulations. 4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat § 116.48. 5) Well Certificate. If there is a well located on the Subject Property, a well disclosure certificate in form and substance true to form for recording. 6) Certification. A certification that the representations and/or warranties made by Seller is materially the same as were in existence on the date of this Agreement or noting any changes thereto; and 7) Other Documents. All other documents reasonably determined by either party or the title insurance company to be necessary to transfer and provide title insurance for the Subject Property. B. At the Closing, Buyer shall execute and deliver to Seller the following: 1) Al I documents reasonably determined by either party or the title insurance company to be necessary to provide title insurance for the Subject Property; 2) Payment of the Purchase Price. 18. CLOSING COSTS. The closing costs relating to this transaction shall be paid as follows: 154o26vl 5 Page 6 A. Buyer shall pay: 1) Recording fee for the Warranty Deed; 2) One-half of the closing fee charged by the Title Company; and 3) The premium for owner's title insurance, including survey coverage. 4) All costs of obtaining a boundary survey of the Subject Property, if any. B. Seller shall pay: 1) All costs of obtaining a title insurance commitment; 2) State deed tax; 3) One-half of the closing fee charged by the Title Company; and 4) Conservation fee attributable to the Warranty Deed 19. ADDITIONAL TERMS. A. Buyer's Contingencies. Buyer's obligations under this Agreement are contingent upon the following ("Buyer's Contingencies") expressly contingent upon Buyer's satisfaction with each of the following prior to Closing: 1) The representations and warranties of Seller set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Seller shall have delivered to Buyers at Closing a certificate dated the Closing Date, signed by Seller, certifying that such representations and warranties are true as of the Closing Date. 2) Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by a Phase I Environmental Audit or by any envirorunental/engineering investigation or testing of the Subject Property performed by Buyer or Buyer's agent. By executing this Agreement, Seller hereby authorizes Buyer to enter upon the Subject Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Seller harmless from any such costs and shall indenuufy Seller for breach of this provision including reasonable attorneys' fees. 3) Buyer determining that it is satisfied with the title to the Subject Property. 20. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement_ 21. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 22. MULTIPLE ORIGINALS. Seller and Buyer have signed [number] originals of this Purchase Agreement. 13 T54o2bvl 6 Page 7 We agree to buy the Subject Property for the price and terms and conditions set forth above. BUYER: CITY OF PLYMOUTH Dated: And:. 2010 We agree to sell the Subject Property for the price and terms and conditions set forth above. SELLER ANNABELLE M. GROSS and ERVIN G. GROSS TRUSTEES OF THE ANNABELLE M. GROSS TRUST AGREEMENT DATED JUNE 7, l 985 BY:( BY: . T17 7-, Dated: IG' 3 , 2010 Dated: 1 / 2010 154026v1 7 Page 8 EXHIBIT A SUBJECT PROPERTY: The North '/4 of the Northeast '/4 of the Southwest %4 of Section 5, Township H 8 North, Range 22 West of the Sty' Principal Meridian, according to the United States Government Survey thereof. 15402Gv1 Page 9 Page 10 Summary Appraisal Report oil M Land Property: 57XX Dunkirk Lane North Plymouth, MN 55446 City of Plymouth Prepared For: Attn: Eric Blank, Park & Recreation Director 3400 Plymouth Blvd. Plymouth, MN 55447 Bate: August 11, 2010 Prepared By: William R. Waytas, Appraiser NAGELL APPRAISAL & CONSULTING 7515 Wayzata Boulevard Minneapolis, MN 55426 Telephone: (952) 544-8966 Fax No. (952) 544-8969 File # G1007002 Page 10 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING VACANT LAND PURCHASE AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND ANNABELLE AND ERVIN GROSS WHEREAS, the City Attorney's office has prepared a purchase agreement between the City of Plymouth and Annabelle and Ervin Gross for ten acres of property in northwest Plymouth, and WHEREAS, the Director of Parks and Recreation has negotiated a purchase price of 1,040,000 for said property, and WHEREAS, the City Council has reviewed said purchase agreement, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the purchase agreement between the City of Plymouth and Annabelle and Ervin Gross is hereby approved, and further, that funding will be taken from previous open space bond proceeds and park dedication funds, and further, that the park dedication funds will be reimbursed from future bond referendum proceeds, and further, that the Mayor and City Manager are authorized to sign the purchase agreement. Approved this 26th day of October, 2010. Page 11 p))city of Agenda 6 . 1 3pIymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Eric Blank, Director of Parks & Recreation October 26, 2010 Reviewed by: Item: Approve Change Orders #1 and #2 on the Hilde Performance Center Project 1. ACTION REQUESTED: The City Council should move the resolution approving Change Orders #1 and #2 in the amount of 28,590.53. 2. BACKGROUND: On Change Order #1, the largest item of $8,336.46 is for a 48 -inch skimmer structure at the southeast end of the pond. This was a requirement of the Watershed District that came late in the project after the plans and specifications and the bidding process had taken place. The grub and removal of eight additional tree stumps was necessary because of the wind storm that damaged the trees after the construction had already commenced. On Change Order #2, the largest item is for a drinking fountain in the amount of $9,299.19. It was originally anticipated that a drinking fountain would be in Phase 2 of the project, but with Phase 2 of the project up in the air at this time, we felt it important to have the drinking fountain completed with this phase of the work. 3. BUDGET IMPACT: These change orders will be added to the existing contract, bringing the new total to $862,478.17. One hundred percent of this project is being charged to the Community Improvement Fund. 4. ATTACHMENTS: Change Order #1 Change Order #2 Resolution Page 1 Change Order #1 Contract Change Order for: H1161e Center Site Improvement Project - Phase One City of Plymouth, MN To (Contractor): American Liberty Construction, Inc. 5900 Main Street Rockford, Minnesota 55373 Distribution To: Owner Field Consultant Other Contractor Initiation Date: 11 -May -10 Consultants Proigct: #09-28 City Project: #PR -005 CHANGES TO THE CONTRACT The contractor shall make the following changes to the contract) DESCRIPTION ADD DEDUCT 1 Grub and removal of 8 additional tree stumps $ 1,795.20 Date 2 48" skimmer structure, grate, concrete slabs, rock and grading for temporary sediment pond $ 8,336.46 Signature TOTAL CHANGE ORDER ADDS AND DEDUCTS: 1 $ 10,131.66- NET CHANGE ORDER TOTAL: $10,'131.66 Contract Summary to Date . OriginContract Sum . 833,887.64 Net Change by Previously Authorized Chan2e Orders: - Net Change of this Change Order: 10,131.66 Total Contract Sum (including all Change Orders to Date):J $844,019.30 Consultant: Brauer & Associates, Ltd. 10417 Excelsior Blvd., Suite #1 Hopkins, MN 55343 Contractor: American Liberty Construction, Inc. 5900 Main Street Rockford, Minnesota 55373 Owner: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55441 e-." Signature o ate h Signatur Date Signature Date Brauer Associates, lRtiIDOCS1200%09-28 Hilde CenterlConstruction ObservatioMChange Orders & Pay Appslchange order 1.x1s Page 1 of 1 Page 2 Change Order #2 Contract Change Order for: Hilde Center Site Improvement Project - Phase One City of Plymouth, MN To (Contractor): American Liberty 5900 Main Street Rockford, Minnesota 55373 Distribution To: Owner Field Consultant Other Contractor Initiation Date: 11 -May -10 Consultants Prolect: #09-28 City Project: #PR -005 CHANGES TO THE CONTRACT The contractor shall make the following changes to the contract) Contract Summary to Date Sum (Including a Consultant: Brauer & Associates, Ltd. 10417 Excelsior Blvd., Suite #1 Hopkins, MN 55343 Contractor: American Liberty 5900 Main Street Rockford, Minnesota 55373 Owner: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55441 Brauer e of ntract Sum: to 98 v Signature Date 5 Qtc) Sig atu Data Signature Date Associates, Ltd. H:\D0CS\200q\o9-26 Hilde Center\Construction Observation\Ghange orders & Pay Appslchange order 2.xfs Page 1 of 1 Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING CHANGE ORDERS #1 AND #2 FOR THE HILDE PERFORMANCE CENTER PROJECT WHEREAS, the contractor on the Hilde Performance Center has been asked to do additional work by the City in accordance with the plans and specifications and the contracts in place, and WHEREAS, Change Orders #1 and #2 have been recommended by the Director of Parks and Recreation for approval, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that Change Orders #1 and #2 for the Hilde Performance Center are hereby approved. Approved this 26th day of October, 2010. Page 4 rp)City of Agenda 6 , 14 Plymouth Number: rtd(}in, Quality to 141E To: Laurie Ahrens, City Manager REGULAR Prepared by: Givonna Kone, Human Resources ManagerCOUNCILMEETING October 26, 2010 Reviewed by: Laurie Ahrens, City Manager Item: Revisions to the Personnel Policy-- a Post -Retirement Health Care Savings Arrangement for Sergeants 1. ACTION REQUESTED: Approval of the attached resolution which provides for revisions to the City Personnel Policy which provides guidelines for a post retirement health care savings plan for eligible retirees. 2. BACKGROUND: The city currently has in place a Post -Retirement Health Care Savings Arrangement HCSA) for non-union and AFSCME employees. A post retirement HCSA allows eligible employees to set aside funds on a tax free basis at the time of retirement to pay for eligible medical expenses. The proposed language will allow eligible Sergeants to make a one time contribution of accrued and unused vacation leave into an account to be used to pay for eligible medical expenses after retirement. The post retirement HCSA benefits employees because vacation hours, which are taxed when paid out as cash, can be set aside tax free to offset the cost of retirement. The city is also exempted from paying taxes on funds deposited into post retirement HCSAs. The sergeants bargaining unit has requested enrollment in the city's post retirement HCSA which is outlined in the City's personnel policy. Staff proposes adding the following language to the city's Personnel Policy. Sec. 3-15.51 For city employees who are members of the LELS Sergeants bar_agining unit, the followingspply: If an employee is eligibleparticipate, the Cites make a one-time contribution of the entire cash equivalent of the employee's vacation balance if that balance is eaual to or greater than 300 hours. If the vacation balance is less than 300 hours the entire amount will be paid in cash. Page 1 3. BUDGET IMPACT: It is difficult to determine the exact value of this benefit, however, the budget impact of employees enrolling in this plan would be favorable, as the city would not be required to pay taxes on HCSA contributions. Vacation accruals are currently budgeted on an annual basis, therefore, this benefit can be accommodated within the city's annual budget. 4. ATTACHMENTS: Section 3.15 of the Personnel Policy, with proposed amendment Resolution Page 2 CITY OF PLYMOUTH Proposed HCSP Language for the Personnel Policy SECTION 3-15 HEALTH CARE SAVINGS ARRANGEMENT FOR RETIRING EMPLOYEES Sec. 3-15.1 A Post -Retirement Health Care Savings Arrangement has been adopted to help eligible employees pay for medical expenses in retirement. The Post -Retirement Health Care Savings Arrangement is made available through the Minnesota Service Cooperatives VEBA Plan and Trust. It is intended that this arrangement constitute a voluntary employees' beneficiary association under Section 501 (c) (9) of the Internal Revenue Code. A detailed description of this arrangement is provided in the VEBA Plan Summary. Sec. 3-15.2 All employees are eligible to participate. Employees represented by a bargaining unit must first enter into an agreement with the City that permits participation. If an employee is eligible to participate, he/she will be automatically enrolled upon retirement. Sec. 3-15.3 Retirement shall be defined as termination from employment with the City and eligibility for a full or reduced PERA pension. Sec. 3-15.4 The Post -Retirement Health Care Savings Arrangement is funded entirely with employer contributions. Sec. 3-15.5 If an employee is eligible to participate, the City will make a one-time contribution of the entire cash equivalent of the employee's annual leave balance if that balance is equal to or greater than 440 hours. If the annual leave balance is less than 440 hours the entire amount will be paid in cash. Sec. 3-15.51 For city emalovees who are members of the LELS Seraeants bamainin unit, the followingspply: If an employee is eligibleparticipate, the City will make a one-time contribution of the entire cash equivalent of the employee's vacation balance if that balance is equal to or greater than 300 hours. If the vacation balance is less than 300 hours the entire amount will be paid in cash. Sec. 3-15.6 Administrative fees allocable to the individual accounts of retirees shall be paid from the individual account. Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2010 - APPROVING AMENDMENTS TO THE PERSONNEL POLICY WHEREAS, city staff is recommending the incorporation of a new benefit for Sergeants, a post retirement health care savings arrangement; and WHEREAS, the Personnel Policy must be amended to reflect the additional benefit; and WHEREAS, the City Manager has recommended that this benefit be approved for the Sergeants; and WHEREAS, the proposed language for the personnel policy is as follows: Sec. 3-15.51 For citv emnlovees who are members of the LELS Sergeants barizainin unit, the followingshallhall apply: If an employee is eligible to participate, the City will make a one-time contribution of the entire cash equivalent of the employee's vacation balance if that balance is equal to or ,greater than 300 hours. If the vacation balance is less than 300 hours the entire amount will be paid in cash. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that it should and hereby does approve amendments to the Personnel Policy in Article III thereof, providing for the changes reflected in the attached revised Article III and any clerical or ordering changes necessary for publication, BE IT FURTHER RESOLVED that the above amendment will be effective upon adoption. Approved this 26th day of October, 2010 Page 4 rp) City of Plymouth Addki q Quality to 01, To: REGULAR COUNCIL MEETING Prepared by: October 26, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Agenda 6.15Number: Laurie Ahrens, City Manager Givonna Kone, Human Resources Manager Laurie Ahrens, City Manager Settlement of Labor Contract with Law Enforcement Labor Services, Local 18, which represents Plymouth Police Officers Adopt the attached resolution approving the 2010 labor agreement with Law Enforcement Labor Services (LELS), Local 18, representing the Plymouth Police Officers. 2. BACKGROUND: The City and LELS had a two-year agreement for 2008-2009. The parties began meeting in December 2009 to negotiate a labor agreement for 2010. This was a difficult year for negotiating, thus, very few changes are being proposed for the 2010 contract. The City and the bargaining unit reached tentative agreement after going to arbitration over 2010 wages. The proposed 2010 labor agreement provides for the following changes: Duration — one year, 2010. Wages — In August 2010, the city and LELS Patrol went to arbitration over 2010 wages. The city offered a 0% increase and the union requested a 3% increase. During arbitration, the city addressed employer ability to pay, internal and external equity, and cost of living and other economic factors. The city argued that it is managing its budget for long-term sustainability and that it would be imprudent to give a wage increase in the current economic climate. Arbitrator Latimer agreed with the city's position and awarded a 0% increase to LELS Patrol for 2010. Health Insurance -- The city currently offers employees two deductible plans with VEBAs. The Triple Gold Co -Pay plan was eliminated due to low participation. For calendar year 2010, the city's health insurance carrier raised the total premium for the two deductible plans by 7%. The city and LELS Patrol have tentatively agreed to an increase of $40.50 per month to the employer's family contribution for health insurance, which reflects a 50/50 split of the increase in premium for the $1200/$2400 deductible plan. Staff proposes that the Page 1 city continue to cover 100% of single health insurance premiums. This would result in an employer contribution increase of $32.50 per month for one plan and 27 per month for the other plan. This health insurance proposal reflects the figures approved by the City Council for non-union employees, Clerical, Technical Professional, and Maintenance Workers. 2010 Health Insurance Proposal for LELS Patrol VEBA 832 W_ Single ($2,250 Deductible) Family ($4,500 Deductible W VEBA 830 Single ($1,200 Deductible) Family ($2,400 Deductible) No city -sponsored health insurance Total Premium City Contribution to Premium City Contribution to VEBA Total COP Contribution EE Contribution to Premium 411.00 411.00 353.00 764.00 0.00 1,027.00 654.80 243.94 898.74 372.20 494.50 494.50 275.00 769.50 0.00 1,235.00 757.07 141.67 898.74 477.93 353 to Deferred Compensation 3. BUDGET IMPACT: The proposed labor agreement can be accommodated within the 2010 budget. The total cost of the employer's increase in its 2010 health insurance contribution for the LELS Patrol bargaining unit is $20,600. 4. ATTACHMENTS: Proposed 2010 Labor Agreement Resolution Page 2 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LOCAL 18) JANUARY 1, 201048- DECEMBER 31,2W2010 Page 3 TABLE OF CONTENTS Page 4 PAGE ARTICLE I. DEFINITIONS................................................................................ 1 ARTICLE II. RECOGNITION.............................................................................. 1 ARTICLE III. EMPLOYER RIGHTS.................................................................... 1 ARTICLE IV. NO STRIKE.................................................................................... 2 ARTICLE V. SENIORITY.................................................................................... 3 ARTICLE VI. WORK SCHEDULE....................................................................... 5 ARTICLE VII. PREMIUM PAY............................................................................. 6 ARTICLE VIII. DISCIPLINE................................................................................... 7 ARTICLE IX. GRIEVANCE PROCEDURE......................................................... 8 ARTICLE X. HOLIDAYS...................................................................................10 ARTICLE XI. VACATION..................................................................................11 ARTICLE XII. DISABILITY LEAVE..................................................................12 ARTICLE XIII. EMERGENCY/FUNERAL LEAVE ............................................ 16 ARTICLE XIV. INJURY ON DUTY LEAVE ........................................................ 17 ARTICLE XV. INSURANCE................................................................................ 18 ARTICLE XVI. CLOTHING ALLOWANCE........................................................ 20 ARTICLE XVII. WAGES......................................................................................... 21 ARTICLE XVIII. DURATION.................................................................................. 21 APPENDIXA 23 APPENDIXB 25 APPENDIXC 26 Page 4 ARTICLE I. DEFINITIONS 1.1 LELS: Law Enforcement Labor Services (Local 18). 1.2 Employ A member of Law Enforcement Labor Services (Local 18) who has completed the probationary period with the EMPLOYER and has been granted regular full-time employment status. 1.3 Member: A member of LELS (Local 18) in the bargaining unit to which this contract applies. 1.4 EMPLOYER: The City Council of the City of Plymouth or its designee. 1.5 Days: Calendar days unless otherwise specified. ARTICLE IL RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative of an appropriate bargaining unit of City Employees consisting of Police Officer and Investigator positions, excluding all Field Supervisor positions and other supervisory personnel, as defined in Minn. Stat. 179A.03, Subd. 17; confidential personnel as defined in Minn. Stat 179A.03, Subd. 4; part-time employees as defined in Minn. State. 179A.03, Subd. 14(e); temporary employees as defined in Minn. Stat. 179A.03, Subd. 14(f). ARTICLE III. EMPLOYER RIGHTS 3.1 Except as explicitly limited by a specific provision of this Agreement, the EMPLOYER shall have the exclusive right to take any action it deems appropriate in the management of the City and the direction of the work force in accordance with its judgment. All inherent, statutory and common law management functions and prerogatives which the EMPLOYER has not expressly modified or restricted by specific provision of this Agreement are retained and vested exclusively with the EMPLOYER. The EMPLOYER shall have the sole and exclusive right to determine the functions and programs of the City, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel. In addition, the EMPLOYER specifically reserves the exclusive right in accordance with its judgment to: reprimand or otherwise discipline Employees; hire, promote, transfer, and assign Employees to work; determine the starting and quitting time and the number of hours and days to be worked; maintain the efficiency of Employees: close down buildings or any part thereof or expand, reduce, alter, combine, transfer or cease any job, department, operation or service; subcontract any work done by the Employees, control and regulate the use of equipment and other property of the EMPLOYER; determine the number, location and operation of buildings, and divisions and departments thereof, the assignment of work and the size and composition of the work force, make or change rules, policies, introduce Page 5 new or improved research, development, maintenance, service methods, materials or otherwise generally manage the City, direct the Employees and establish terms and conditions of employment, except as expressly modified or restricted by specific provision of this Agreement. The EMPLOYER'S non exercise of any function in a particular way shall not be deemed a waiver of its right to exercise such function or to preclude the EMPLOYER from exercising the same in some other way not in conflict with the express provisions of this Agreement. LELS agrees that it shall not establish or attempt to enforce upon the EMPLOYER, or any Employee, any rule or regulation which would interfere with the recognized right of management to carry out the foregoing provisions. 3.2 Effect of Laws, Rules and Regulations. LELS recognizes that all Employees covered by this Agreement shall perform the services prescribed by the EMPLOYER and shall be governed by the laws of the State of Minnesota, and by EMPLOYER rules, regulations, directives and orders, issued by properly designated officials. LELS also recognizes the right, obligation and duty of the EMPLOYER and its duly designated officials to promulgate rules, regulations, directives and orders from time to time as deemed necessary by the EMPLOYER insofar as such rules, regulations, directives and orders do not conflict with the express terms of this Agreement. 3.3 Reservation of Management Rights. The enumeration of the rights and duties of the EMPLOYER in this Agreement shall not be deemed to exclude other inherent management rights and management functions not expressly reserved herein and all management rights and management functions not expressly delegated in this Agreement are reserved to the EMPLOYER. ARTICLE IV. NO STRIKE 4.1 Strikes Prohibited. There shall be no strikes, stoppages, slowdowns, picketing or other interference with the operation of the EMPLOYER (all of which are referred to as strikes"). A strike shall mean concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown or the absence in whole or in part from the full, faithful and proper performance of the duties of employment. No officer or representative of LELS shall authorize, instigate, aid or condone any strike, and no Employee shall participate in any strike. The foregoing provisions shall not constitute grounds in which demand may be made for arbitration. Penalties. Any Employee who violates the provisions of this Article shall have their employment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. An Employee who is absent from any portion of their work assignment without permission or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is presumed to have engaged in a strike on such date or dates. Employees who violate the provisions of this Article may, subsequent to such violation be employed or re-employed but the Page 6 Employee shall be on probation for two (2) years with respect to tenure of employment. No Employee shall be entitled to any daily pay, wages or per diem for the days on which they engaged in a strike. ARTICLE V. SENIORITY For the purposes of this agreement, the following terms shall have the meanings provided below. 5.1 Definitions Service seniority:" a regular full-time Employee's length of continuous service with the EMPLOYER since the employee's last hiring date. Last hiring date:" shall mean the date upon which an Employee first reported for work at the direction of the EMPLOYER, since which the Employee has not resigned, retired, lost reinstatement rights from layoff, or been discharged. In the event two or more Employees are directed by the EMPLOYER to report to work on the same date, then and in that event, the seniority of those Employees will be based upon their respective rating on the eligibility list for employment from which they were selected for employment by the EMPLOYER. No time shall be deducted from an Employee's seniority date due to absences occasioned by authorized leaves or for layoffs. Classification seniority:" the total length of service within classification. Probationary Employee:" All new regular, full-time Employees shall be probationary Employees during the first twelve (12) months of their employment. During the probationary period, the new Employee shall have no seniority status. The new employee shall receive evaluations pursuant to the Personnel Policy. At the conclusion of the probationary period, the Employee's name shall be added to the seniority list as of the hiring date. Layoff:" Except in those instances where senior Employees are not qualified to perform remaining work, seniority shall determine the order of Layoff at the sole discretion of the EMPLOYER. 5.2 Layoff. 1. Layoff shall be by classification in inverse order of classification seniority. However, an Employee about to be laid off shall have the right to bump (displace) any Employee in a lower classification, provided that: 1) the EMPLOYER determines the Employee who is exercising bumping rights has previously held the position; 2) is adequately qualified as determined by the EMPLOYER to perform Page 7 the duties of the classification into which s/he is bumping; and 3) s/he has greater seniority than the Employee who is to be bumped. Any part-time employees in the affected classification shall be laid off before any full-time employees. 2. Recall from layoff, shall be by classification seniority in inverse order of layoff, provided that, if an Employee does not return to work upon recall, as directed by the EMPLOYER, or on an extended date mutually acceptable to the Employee and EMPLOYER, s/he shall automatically have terminated h/h employment. The EMPLOYER shall issue written notice of recall from an indefinite layoff to affected Employees by certified mail/return receipt, providing at least fifteen calendar (15) days to return to work. Recall notification shall be sent to the Employee's last known address. An Employee's name shall be retained on the recall list for one (1) year, at which time all rights to recall shall terminate. 3. The EMPLOYER shall not hire a new Employee in a classification where an Employee is laid off with the right of recall. 4. For any layoff anticipated to last for over fourteen days, the EMPLOYER shall provide a fourteen day written notice of layoff to all affected employees. 5. Voluntary Leaves Prior to Layoff. Prior to laying off an Employee, the EMPLOYER shall offer a voluntary leave of absence to other Employees in the affected classification to prevent the involuntary layoff of an Employee. The EMPLOYER may approve or deny any requested voluntary leave. An Employee on such leave shall continue to accrue only seniority as though the Employee was working. The leave shall be for a period not to exceed one (1) year from the effective date of the leave. An Employee on such leave shall be recalled to work pursuant to Section 5.2.2. 5.3 An Employee's seniority shall be terminated: 1. If the Employee resigns, retires, or is discharged for cause or is otherwise separated from employment. 2. If, when recalled to work following a layoff, the Employee fails to report to work as directed by the EMPLOYER. 3. If the Employee's rights to recall, following a layoff, expire. 5.4 In the event of a job opening in the bargaining unit, an announcement shall be posted by bulletin for ten (10) days, giving employees of the department the opportunity to apply for the opening and those qualified shall be given first—consideration. Where all qualifications are equal, the EMPLOYER shall give consideration to the most senior employee. However, the EMPLOYER shall, in no case, be required to employ such most senior employee. The EMPLOYER reserves the right to promote the most qualified employee whose qualifications the EMPLOYER shall determine. Employees selected for Page 8 a higher class job shall fulfill a new probationary period of twelve (12) months. Each probationary employee shall receive at least one evaluation at the midpoint of his/her probationary period in accordance with the performance management system currently used by the EMPLOYER. 5.5 A regular employee promoted to a higher level sworn position shall retain rights to his/her previously held position during probation with no loss of seniority. A regular employee promoted to a higher level sworn position who is demoted or voluntarily demotes after probation shall retain rights only to the seniority he/she earned as a member of the bargaining unit. 5.6 "Seniority lists." Within 30 days after the signing of this agreement, the EMPLOYER shall establish seniority lists as of the effective date of this agreement structured by each work classification and department service to include in order from highest - lowest seniority, all regular employees in the bargaining unit. This list shall be Appendix D. ARTICLE VI. WORK SCHEDULE 6.1 Work Schedule. The normal work shift shall be one period of eight/ten (8/10) or more consecutive hours within a twenty-four (24) hour period. The normal work week shall be the equivalent of forty (40) hours per week on an annualized basis. The work period shall be a twenty-eight (28) day period, beginning at midnight on January 1, 2005. Except as otherwise provided in this agreement, work schedules and lengths of shift shall be established by the EMPLOYER. Nothing contained herein shall be construed as a guarantee of a minimum or maximum number of hours the EMPLOYER may assign Employees. 6.2 The EMPLOYER is responsible to ensure that the shift schedule throughout the work year equals 2080 hours. It is understood that the Employee shall continue to have the opportunity to discharge this obligation through the Employee's participation in departmental training activities outside of the Employee's normal working hours. Employees who participate in the Employer's wellness event may charge up to two (2) hours against their obligation. All hours remaining which are not charged to training shall be assigned to the Employee by the Police Chief for regular police duties. The Police Chief shall maintain individual time records for each Employee to ensure that the intent of this section is met. 6.3 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis of other than the normal shift. The EMPLOYER will give 24 hours advance notice to the Employees affected by the establishment of such workdays. Page 9 6.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. 6.5 Senior qualified employees shall have shift preference after twelve (12) months employment. Shift periods shall occur every four (4) months. Employees must bid on a shift other than their first preference at least once a year. (The previous sentence is waived for 2009.) Shifts are defined as days, middle, power and dog. Shift preference for the three four-month periods must be selected by 00:01 A.M., December 1st of the previous year. 6.6 Relief Periods. Two relief periods not to exceed fifteen (15) minutes are allowed on each Employee's shift. One relief period is to be taken during the first half of the shift and the second relief period to be taken during the second half of the shift. 6.7 Meal Period. Each Employee shall be allowed one (1) thirty (30) minute meal period normally to be taken at the midpoint of the scheduled work shift. ARTICLE VIL PREMIUM PAY 7.1 Overtime. Employees who work in excess of the established shift hours shall be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours in excess of the established shift hours. A scheduled change of shifts within a 24- hour period when moving from one rotation cycle to another does not qualify for overtime. 7.2 Employees may be assigned to work overtime at the discretion of the EMPLOYER. Employees shall be required to work overtime unless excused by the EMPLOYER. Employees who refuse to work overtime may be subject to disciplinary action. 7.3 Call Back Pay. An Employee called back to work at a time other than their normal scheduled shift shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's regular base pay rate. Reporting early for a shift or an extension of a shift for call back does not qualify for this minimum. 7.4 Standby and Court Pay. Off duty Employees shall be compensated at one (1) hour's pay for each hour on call or standby. Employees placed on standby or on call shall receive a minimum of two (2) hours pay. Time on a pager status shall be considered standby. The employee shall receive the minimum pay unless notified by 1630 hours on the day previous to the scheduled court day that he/she is not required to appear. 7.5 Employees that are required to testify in court during off duty hours shall receive a minimum of three (3) hours' pay at time and one-half of their regular base hourly rate. The employee shall receive the minimum pay unless notified by 1630 hours on the day Page 10 previous to the scheduled court day that he/she is not required to appear. Reporting early for a shift or an extension of a shift for court duty does not qualify for this minimum. 7.6 Plymouth Police Department Policy and Operating Procedures Manual Section 401, L, 2- 7 regarding the payment of overtime for training is incorporated by reference. ARTICLE VIII. DISCIPLINE 8.1 New Employees and Employees who have been rehired shall be on a twelve (12) month probationary period and may be disciplined or discharged by the EMPLOYER in its sole and exclusive discretion at any time during such twelve (12) months' probationary period. Employees who have completed the probationary period may be disciplined, suspended, or discharged for cause. 8.2 Discipline may be in one or more of the following forms: 1. Oral reprimand; 2. Written reprimand; 3. Suspension; 4. Demotion; or 5. Discharge. 8.3 Notices of suspension, demotions, and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. LELS shall be provided with a copy of each such notice. 8.4 Employees may examine their own personnel files at reasonable times under the direct supervision of the EMPLOYER. 8.5 Grievances relating to this Article may be initiated by LELS or an Employee under the terms of the Grievance Procedure. The Employee shall notify LELS if the grievance goes to the Second Step. ARTICLE IX. GRIEVANCE PROCEDURE Definitions 9.1 A "grievance" is a written claim or complaint by LELS or an Employee over the interpretation or application of the express terms of this Agreement. 9.2 Unless specifically stated otherwise, "days" shall mean " calendar days" throughout this Article. Page 11 9.3 General Requirements 9.3.1 If any Employee does not file a grievance in writing within twenty-one (21) days after the Employee knew or should have known the act or condition on which the grievance is based, then the grievance shall be deemed to have been waived and the Employee shall not have recourse to this grievance procedure. 9.3.2 The number of days indicated at each level shall be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may be extended only by mutual agreement in writing. 9.3.3. All decisions rendered shall be in writing, dated, and shall set forth the decision and reason for the decision and be transmitted promptly to LELS and to the EMPLOYER. 9.3.4 All grievances shall be presented in writing and contain the following elements: A. Name of the aggrieved Employee. B. Reference to the specific portion of the Agreement at issue in the grievance. C. The nature of the grievance, when it took place, and the informal actions taken in an attempt to resolve it. D. Requested action of the EMPLOYER to resolve the grievance. 9.3.5 Any grievance arising from a decision or interpretation of the provisions of this Agreement made at a given level cannot be grieved at a lower level. In the event a grievance is not appealed to the next step within the specified time limits or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. 9.4 Procedure 9.4.1. A grievance shall first be presented to the Employee's immediate supervising Sergeant, or a designated representative. Within ten (10) days after receipt of the grievance, the Sergeant shall meet with the aggrieved Employee to resolve the grievance. Within ten (10) days after such meeting, the Sergeant shall make a decision and communicate the same to the aggrieved Employee. 9.4.2. If an Employee is not satisfied with the disposition of the grievance by the Sergeant, the aggrieved Employee after notifying LELS may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the Lieutenant. The Lieutenant shall meet with the aggrieved Employee and within ten Page 12 10) days after such meeting, the Lieutenant shall make a decision and communicate the same to the aggrieved Employee and LELS. 9.4.3. If LELS is not satisfied with the disposition of the grievance by the Lieutenant, the Union may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the Chief. The Chief shall meet with LELS and within ten 10) days after such meeting, the Chief shall make a decision and communicate the same to LELS. 9.4.4. If LELS is not satisfied with the disposition of the grievance by the Chief, LELS may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the City Manager. The City Manager shall meet with LELS and within ten (10) days after such meeting, the City Manager shall make a decision and communicate the same to LELS. 9.5 If the grievance is not resolved at Step 4 with the City Manager, the EMPLOYER or LELS by mutual agreement may submit the matter to mediation. Submitting the grievance to mediation preserves timelines for the arbitration of the grievance as set forth below. 9.6 If LELS is not satisfied with the disposition of the grievance by the City Manager, the Union may institute arbitration proceedings within ten (10) days. The selection of an arbitrator shall be done in accordance with the Rules promulgated by the Bureau of Mediation Services (currently Minnesota Rules 5510.5170 Subpart 2). 9.7 The arbitrator shall be empowered, except as limited below, to make a final and binding decision in cases of alleged violation of rights expressly accorded by this Agreement. Limitations on the power of the arbitrator are as follows: 1. They shall have no power to add to or subtract from or modify any of the terms of this Agreement. 2. They shall have no power to establish or change wage rates or establish any fringe benefits. 3. They shall have no power to decide any question, which, under this Agreement, is within the right of management to decide. 4. In no case, shall the EMPLOYER be required to pay back wages for more than two years from the date upon which the grievance regarding such issue of back wages is brought to the attention of the EMPLOYER in the form of a grievance. 9.8 All fees and expenses of the arbitrator shall be shared equally by the EMPLOYER paying one-half (1/2) of such fees and expenses and the Employee or LELS paying one-half 1/2). Each party to the arbitration procedure shall be responsible for compensating its Page 13 own representatives and spokespersons and all expenses incurred in preparing and presenting its arbitration case. 9.9 The arbitrator shall have no right to require the EMPLOYER, LELS, or any Employee to perform any act contrary to law or contrary to the provisions of this Agreement. 9.10 Employees who are subject to a veterans' preference hearing must elect to have either a veterans preference hearing or a hearing before an arbitrator following the disposition of a grievance by the City Manager. In no event shall such an employee be entitled to both a hearing under veterans' preference laws and final and binding arbitration as provided for in this agreement. ARTICLE X. HOLIDAYS 10.1 Employees shall receive eighty-four (84) hours of holiday leave per year as follows: 1) Employees assigned to other than a forty (40) hour week receive eighty-four (84)hours as an offset to their total 2080 hours of work. 2) Employees assigned to a forty (40) hour work week receive ten (10) recognized holidays. In years when Christmas day falls on Tuesday, Wednesday, Thursday or Friday, the latter half of the 8 -hour day on December 24 shall also be recognized as a holiday. In years when Christmas day falls on Saturday, Sunday or Monday an additional four hours of vacation shall be granted, accrued in bi- weekly increments throughout the calendar year. 10.2 Eight (8) hours of holiday leave shall be granted to eligible Employees for each of the following ten holidays: New Year's Day, Martin Luther King's Birthday, President's Day; Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Holiday (Thanksgiving Thursday and Friday), and Christmas Day. The EMPLOYER shall issue a list of these ten recognized holidays and the dates on which they will be observed in December of the year prior to when the holidays will be observed. 10.3 Floating holidays (16 hours) formerly provided under this article are now reflected in the vacation leave accrual. 10.4 Employees normally scheduled to work the following holidays shall receive pay at one and one-half (1-1/2) times the Employee's regular base pay rate for the assigned shift hours and two (2) times the Employee's regular base rate for any additional hours actually worked during the below listed periods: 1. New Year's 4:00 p.m. December 31 until 4:00 p.m. January 1. 2. Martin Luther King Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day Page 14 8. Thanksgiving Day 9. Friday after Thanksgiving 10. Christmas 4:00 p.m. December 24 until Midnight December 26 ARTICLE XI. VACATION 11.1 Vacation leave is authorized absence from duty, with pay, earned by all regular full-time Employees in accordance with the following schedule: Completed Years of Employment 0-5 6-9 10 11 12 13 14 15+ Leave Accrued Per Year in Hours 100 140 148 156 164 172 180 191 11.2 Regular full time employees shall be permitted to accumulate a maximum credit of 300 hours of vacation. Employees shall use vacation leave in amounts of not less than one (1) hour. 11.3 The EMPLOYER will recognize the employee's service seniority as the primary factor when authorizing vacation leave. ARTICLE XII. DISABILITY LEAVE 12.1 Overview: This policy provides income continuation to eligible employees through a combination of short-term, mid-term and long-term disability coverages: Short term disability is credited annually on January 1 to each regular employee at a rate of 6 days (48 hours), 8 days (64 hours), or 10 days (80 hours) based upon length of service to provide income continuation to the employee for illness or injuries which result in a work absence from one (hour) to two full work days in duration. Mid-term disability coverage for income continuation commencing on the third consecutive work day absent and is credited to an employee at the rate of 15 days (120 hours) following six months employment. Thereafter, on January 1 of each year, the employee is credited with additional mid-term coverage hours based upon the number of unused short-term hours remaining on December 31 of the preceding year multiplied times two. Page 15 Long term disability is provided through an insurance policy which currently provides for long term disability benefits following 180 calendar days of disability at 66-2/3% of the employee's monthly income, not to exceed $4,000 per month. 12.2 Definitions: For the purposes of the disability policy, the following terms shall have the meanings provided below. 1. "Anniversary Date" shall mean the date upon which an employee first reported for full-time work at the direction of the City, since which time the employee has not resigned, retired or been discharged. 2. "Disability" means a state of incapacity due to personal illness, or accidental bodily injury to a full-time employee except for illness or accidental bodily injury incurred while self-employed or employed by other than the City, which requires the regular and personal attendance of a licensed physician and/or which prevents an employee from performing substantially all of the duties of a position for which the employee is reasonably qualified by training, education or experience. The term "disability" also applies if the employee's minor child (under 18 years or under 20 years if attending secondary school) requires care from the employee due to the child's illness. 3. "Mid term disability" may be further defined as authorized leave following the birth or adoption of a child. In order to be eligible an employee must give at least a three- week notice of his intention to use such leave. He must also use an equal amount of vacation or comp time, on an hour for hour basis, in order to qualify for the use of mid-term disability leave. No more than three weeks (120 hours) of mid term disability leave may be used for this purpose. 4. "Short and Mid Term Disability leave" is authorized absence from duty with pay granted regular full time employees who have successfully completed six (6) months of employment with the City and who become disabled. Disability leave is not a right which an employee may use at the employee's discretion. Disability leave shall be allowed by the supervisor and the City Manager only in the case of verified necessity and actual need. The purpose of any disability leave is to provide income continuation during that period of time when the employee is unable to perform substantially all of the duties of a position for which the employee is qualified by training, education or experience due to personal illness or accidental bodily injury. 12.3 Disability Leave Benefits: 1. Short Term Coverage: For continuous disability absences involving a minimum of one hour to a maximum of two full work days, a short term coverage program is available to full time employees. Page 16 2. Mid-term Coverage: For disability absences commencing on the third consecutive lost work day and beyond subject to the employee mid-term balance and the usage/accrual maximum. 3. Crediting Short and Mid-term Coverage: Short and mid-term coverage are credited based upon the following: Employee Length of Service Short -Term Coverage Mid -Term Coverage Following completion of the 6 days (48 hours) 15 days (120 hours) initial six months employment Each January 1st following 6 days (48 hours) Two times the unused short - completion of the initial term coverage of the probationary period through preceding year credited to the five years of service existing mid-term balance. Each January 1st beginning 8 days (64 hours) Two times the unused short - with the sixth year of service term coverage for the through ten years of service preceding year credited to the existing mid-term balance. Each January 1 st beginning 10 days (80 hours) Two times the unused short - the eleventh year of service term coverage for the subject to the usage accrual preceding year credited to the cap existing mid-term balance. 4. Short-term coverage is available for use for disabilities as defined in this section and the employee's balance shall be reduced for any full or partial days used. 5. Mid-term coverage is available for use for disabilities as defined in this section commencing the third consecutive work day of disability until 180 calendar days has elapsed or the employee's balance is exhausted. Each employees' mid-term coverage balance is reduced by full day(s) or one-half day(s) as appropriate for each usage. 6. If the employee uses all short-term coverage before the end of the year in which credited, he/she may use vacation or leave of absence without pay with the supervisor's approval for disability absences of two consecutive days or less. 7. An employee may use vacation or leave without pay for absences up to 8 consecutive days eligible for mid-term coverage with or without a remaining Page 17 balance with the supervisor's prior approval. Requests for leave of absence without pay in excess of 8 days requires prior City Manager approval. Such substitutions shall be documented on the Personnel Action Form to confirm use of vacation, floating holiday or leave of absence without pay for disability purposes. 12.4 Short- and Mid -Term Coverage Maximum Usage Accrual. The maximum number of work days for which an employee may receive paid short-term and/or mid-term disability benefits under this policy during the employee's career with the City shall be 300 eight-hour work days or 2400 hours. An employee shall not be provided benefits beyond the amount of his/her balance. Upon reaching this maximum, the employee will no longer be eligible to receive paid disability benefits under this section. 12.5 Administration of Short and Mid -Term Coverage: This policy shall be administered by the employee's supervisor. The procedures set forth below will be followed in administering the policy: 1. The disability benefits provided by this policy, including such other benefits as the employee may be entitled to receive such as, but not limited to, Worker's Compensation or personal injury protection coverage, shall not exceed the employee's regular straight time earnings as of the initial date of disability. 2. Disability benefits shall be calculated at the employee's regular straight time earning rate as of the date the disability leave originally commenced. In no instance shall an employee receive disability leave benefits under the provisions of this policy in excess of the employee's normal weekly compensation less federal and state income taxes. 3. To be eligible to receive disability leave benefits, an employee shall inform the immediate supervisor not later than 30 minutes after the time the employee was scheduled to begin work or as provided by departmental rules. Employees are responsible for keeping the supervisor advised on at least a weekly basis of their disability status to remain eligible for paid benefits. 4. The City shall reserve the right to have its own physician examine the employee periodically to render an opinion dispositive on whether the employee is able to return to productive work with the City. If, in the City's sole judgment, an employee is deemed to be able to resume productive work for the City, the employee shall be directed to report to an appropriate work assignment. If the employee fails to report for work as directed, paid benefits shall be terminated upon recommendation of the supervisor and approval of the City Manager. 5. When an employee requests any disability leave benefits, a physician's statement may be required by the supervisor upon the employee's return to Page 18 work and before payment of benefits. The physician's statement must indicate the nature and length of the disability, any restrictions which the disability places upon the employee's ability to perform the work of the position and attest to the employee's ability to return to work. An employee who has been asked by the supervisor to provide such a statement shall not be allowed to receive benefits until complying with this provision. In the event the period of disability exceeds four (4) days, the employee will be responsible for submitting a physician's statement acceptable to the supervisor prior to receiving benefits under this program. Upon returning to work, the employee shall complete and submit to the supervisor the prescribed personnel action form stating the nature and duration of the disability for which benefits are requested. The City Manager may waive the provision of this section at his/her sole discretion. 6. An employee who makes a false claim of disability leave shall be subject to disciplinary measures, including discharge, which in the opinion of the supervisor and/or City Manager is justified by the circumstances involved. 7. While receiving paid benefits under this section the employee will continue to accrue vacation leave and receive city contributions to retirement and insurance programs sponsored by the City in which the employee participates. Holiday pay will be administered in accordance with Article X. 8. Short-term and mid-term coverage balances shall not be converted to any other form, i.e., cash, vacation, or any other thing of value at any time for any purpose for any employee. 12.6 If the use demonstrates an absence pattern or excessive use and/or abuse, further use may be disallowed or the employee may be subject to discipline. I. The decision to grant or deny paid disability benefits shall be made by the employee's supervisor subject to the approval of the City Manager. If the request is denied, the employee may discuss the matter with the supervisor and the City Manager. Following such meeting, the City Manager shall reevaluate the employee's request and make a decision on the request. The decision of the City Manager following such meeting shall be final. 12.7 Eligibility for Long -Term Disability. Long-term disability leave is authorized absence from duty with pay granted full-time employees of the City. Long-term disability benefits shall be available to eligible full-time employees based exclusively upon the terms and conditions contained in the contract with the City and its long-term disability insurer. The terms and benefits under the program are subject to change from time to time. A complete copy of the contract dealing with the terms and conditions for the long-term disability benefits program shall be on file with the Finance Department and shall be available for review by employees. Page 19 12.8 Benefits. The current issued long-term disability program provides for the following benefits. 1. Elimination Period. Benefits are payable commencing with the 181 st calendar day of disability. 2. The eligible employee shall receive 66-2/3% of the employee's regular straight time compensation as of the date the disability commenced, to a maximum of 4,000 per month payable to age 70 subject to coordination with any and all other disability benefits whether provided by the city or another public agency. 3. When on approved paid long-term disability leave the employee shall not receive city contributions to retirement and insurance programs considered as time in active service unless this paragraph is specifically waived by the City Manager. ARTICLE XIII. EMERGENCY/FUNERAL LEAVE 13.1 Emergency/funeral leave may be granted to regular full-time City employees by the employee's immediate supervisor. To be eligible for emergency/funeral leave an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requires the continuous presence of the employee. The term "immediate family" shall include the spouse, adult child, mother, father, brother, sister of the employee, or grandmother or grandfather of the employee or spouse, mother-in-law or father-in-law. Relatives of the employees other than those above -listed shall not be considered members of the immediate family for the purposes of this policy, except that an employee may receive funeral leave benefits in the event of the death of his/her child. 13.2 Paid emergency/funeral leave may be granted for one, two or three work days where the supervisor concludes such leave is warranted provided that not more than three days (24 hours) of paid emergency leave per calendar year shall be allowed. The immediate supervisor shall grant or deny such requests and maintain records of emergency leave granted. ARTICLE XIV. INJURY ON DUTY LEAVE 14.1 In those cases where an Employee is injured on duty through no misconduct of the Employee's own and while safely performing assigned duties, the Employee shall be eligible for Injury On Duty Leave. The Employee must report the injury within twenty- four (24) hours of its occurrence to qualify for such leave. The City Manager shall Page 20 review each case and make a determination based on the foregoing criteria and shall make a final and binding determination on the Employee's eligibility for such leave. 14.2 No Employee shall be granted Injury On Duty Leave until the Employee has been absent from duty for a period of forty (40) hours. If an employee is hospitalized for more than 48 hours immediately following an injury, the forty (40) hour waiting period shall be waived. During this period the Employee shall be required to utilize their disability leave as provided in Article 12. 14.3 If an Employee is found to be eligible for Injury On Duty Leave, in accordance with the provisions of Section 14.1 and 14.2 above, they shall receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other injury -related benefits and their normal rate of pay. Such supplementary payments shall not continue for more than one -hundred and five (105) consecutive calendar days and shall not be charged against the Employee's disability leave. 14.4 Injury On Duty Leave shall extend for a maximum of one -hundred and five (105) consecutive calendar days. The EMPLOYER may require the injured Employee to be examined by a physician or consultant selected by the EMPLOYER in order to determine whether the Employee is able to return to work pursuant to the provisions of 14.5 below: 14.5 Injury On Duty Leave shall be terminated by the EMPLOYER at such time as: The Employee is able to return to work; 2. A duly qualified physician determines that the Employee is able to perform duties for the EMPLOYER for which the Employee is or may reasonably become qualified to perform by experience, education or training. ARTICLE XV. INSURANCE e 15.1 The EMPLOYER will select and provide group health insurance with benefits substantially the same as presently exist for the duration of this Agreement. Beginning January 1, X82010, the formula for premium contributions by the Employer shall be as follows: Page 21 City City Total EE Total Contribution Contribution COP Contribution Premium to Premium to VEBA Contribution to Premium In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. Defwe Orr m t mTr Comp T4ple liO God Gentrobutmen Page 22 VEBA 832 Single 2,250 Deductible) 411.00 411.00 353.00 764.00 0.00 Family 4,500 Deductible) 1,027.00 654.80 243.94 898.74 372.20 VEBA 830 Single 1,200 Deductible) 494.50 494.50 275.00 769.50 0.00 Family 2,400 Deductible) 1,235.00 757.07 141.67 898.74 477.93 353 to Deferred No city -sponsored health insurance Compensation In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. Defwe Orr m t mTr Comp T4ple liO God Gentrobutmen Page 22 VEB sae su44v ae EB A x$ 275 plus difforen Ge 832 fLi 11y P VEBA 832 GOSt If an employee waives health coverage with proof of group coverage, the EMPLOYER'S contribution will be equal to the contribution set for the major medical with VEBA 832 plan but the amount must be placed in a deferred compensation account. 15.3 Effective May 1, 2008, the EMPLOYER will provide the Employee with term life insurance and accidental death and dismemberment insurance in the total face amount of 100,000. The EMPLOYER will pay a sum not to exceed $30.00 per month for the foregoing coverage. In the event the premium is increased beyond the maximum contribution provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. 15.4 The EMPLOYER will select and provide one or more group Dental Insurance Plans. The types of benefits and the cost participation provided by the plan will be as follows: Coverage A: Regular services - 100% of usual, customary and reasonable fees. Coverage B: Restoration services - 80% of usual, customary and reasonable fees. Coverage C: Prosthetics (removal and fixed) - 50% of usual, customary and reasonable fees. 500 maximum per covered person per coverage year. In 2008, an employee who selects either single or no health coverage may apply money not applied to the health insurance premium to single or family dental insurance premiums. In 2009, if an employee selects either of the single VEBA health plans or waives health coverage, the Employer shall pay the cost of single or family dental insurance premiums. If an employee selects the single Triple Gold health plan, the Employer shall pay the cost of single dental insurance premiums. In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. Page 23 If the Employer provides a greater benefit for health or dental insurance or VEBA/deferred compensation contribution to another group of employees for 2009, the Employer will provide the same benefit to this bargaining unit. 15.5 All employees of the unit eligible for long-term disability insurance coverage shall pay, through payroll deduction, the full cost of such coverage. The EMPLOYER shall adjust wages in 2009 to cover any additional cost to employees if there is an increase in the cost of this insurance. 15.6 The Employer will administer a Health Care Savings Arrangement as described in the Personnel Policy Section 3-15. A subsection of that Section shall describe the formula for converting unused vacation into an Employer contribution. ARTICLE XVI. CLOTHING ALLOWANCE 16.1 Employees shall receive a clothing allowance of $25 on the 14th paycheck of 2008 ($800 was paid on the first paycheck of 2008). On the first and fourteenth paycheck of 2009 employees shall be paid $425 for clothing allowance ($850 total). This allowance is for the purchase, maintenance, repair and replacement of uniforms and equipment provided by the Employee and for the civilian clothing for those Employees assigned to work in plain clothes. The EMPLOYER shall provide uniformed Employees with the following items: badge, cap badge, collar brass, shoulder patches, helmet, mace and mace holder. 16.2 The EMPLOYER shall provide an initial issue of uniforms and equipment to newly hired police officers. This initial issue (Appendix B) and the value thereof shall be recorded in an agreement (Appendix C) between the new hire and the EMPLOYER. The agreement between the new hire and the EMPLOYER shall also outline the new hire's obligation regarding the initial issue. Upon completion of the probationary period an employee shall receive a clothing allowance at the contract rate for the year in which it occurs which represents the 12 month probationary period and an additional pro rata share of that rate at one -twelfth (1/12) for each additional month remaining before the next half- year payment. This allowance shall be applied to the amount owed by the new hire for the initial issue. All subsequent clothing allowance payments shall be applied to the amount owed until the entire value of the initial issue has been repaid. 16.3 In the event the Employer mandates a uniform change, the Employer will give employees one year from the date of notice before full compliance with the change is required. If the Employer chooses to effect the change with less than one year's notice the Employer shall reimburse employees for receipted costs to comply. A change mandated by state or Federal law will not be reimbursed. Page 24 ARTICLE XVII. WAGES 17.1 Step merit wage increases shall not be considered automatic, rather shall be dependent upon the recommendation of the Employee's immediate supervisor, the Police Chief, and approved by the City Manager. Such merit increases shall normally be considered annually at the Employee's anniversary date and be made effective on the pay period nearest the Employee's anniversary date which shall be considered the Employee's date of last hiring. Achievement of the top step depends upon satisfactory or better performance rating each year, should performance not meet or continue to meet the "satisfactory" or better performance rating, the officer shall receive the top step less $75 per month until the officer's performance is again satisfactory. 17.2 It is understood that the wage rates established pursuant to this Agreement have been arrived at between the parties recognizing the fact that no special supplemental forms of compensation, such as longevity pay or educational incentive pay, are provided Employees. The parties recognize that the base wage provided for in this Agreement is a more equitable way of compensating Employees than through the use of special supplemental forms of compensation, such as longevity pay or educational incentive pay, and the wage rates established hereby recognize this understanding. 17.3 The job classifications and applicable wage rates therefore are set forth in Appendix A attached hereto and by this reference made a part hereof. ARTICLE XVIII. DURATION 18.1 Term of Contract. This contract shall become effective as of January 1, 201098 and shall continue in full force and effect to and including December 31, 201091. 18.2 Effect of Contract. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this contract, are hereby superseded. 18.3 Termination or Modification. Either party desiring to terminate or modify this contract must notify the other party. A notice of desire to modify this contract shall set forth specifically all proposed modifications sought by the party. Negotiations with respect to proposed modifications may commence at any time after notice of proposed modifications has been given. Notwithstanding the provisions of 18.1, 18.2 and 18.4, the parties agree that they will reopen negotiations for the purpose of discussing conversion from a vacation/disability leave plan to an annual leave plan. 18.4 Negotiations During Term. The parties mutually acknowledge that during the negotiations which resulted in this contract, each had the opportunity to make demands Page 25 and proposals regarding terms and conditions of employment. All understandings and agreements arrived at by the parties are set forth in this contract. For the duration of this contract, the EMPLOYER and LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment, whether or not specifically referred to or covered in this contract, even though such matters may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 18.5 Full Agreement. The EMPLOYER and LELS agree that this Agreement contains all of the terms and conditions of employment which have been arrived at and that the EMPLOYER shall not be obligated to provide or maintain any terms and conditions of employment not provided herein. IN WITNESS WHEREOF, the parties have executed this contract as follows: LAW ENFORCEMENT LABOR SERVICES, INC. CITY OF PLYMOUTH LOCAL 18 MAYOR CITY MANAGER APPROVED BY RESOLUTION NO. DATE: Page 26 APPENDIX A POSITION CLASSIFICATION GRADE Police Officer Pi SRO, SIU, CFMH P2 Investigator P3 1 1) MQ Grade A G B F G H MOM 2 3 4 9 45 After years Mears years years years P-2 $28.69 $31.49 $34-99 $33.44 $33.76 2 3 4 9 45 Ater }years }years }years }years }years H3 $29.1 $32.22 $32.71 $34.16 $34.49 A H G D € F G 1# I rsi 2 3 4 9 4-2 45 Ater years years years years years years 2 $295 $321- $322 $34.09 $34.27 $349 2 3 4 9 4-2 45 Ater years years years years years years P3 $29.97 $32.83 $33.34 $34.2 $35$9 $35-31 The folio ates shall be effeetive with the pay pefied eommeneing nearest to january Grade A H G B € € H I rsi 2 3 4 9 42 4-5 After years years years years years years H2 $29133 $32.75 $33.27 $34.77 $34.96 $35:23 2 3 4 9 4-2 45 Aft -&r years years years years years years P3 $33-67 $33.49 $34-91 $35.51 $35.70 $36.02 Page 27 The following wage rates shall be effective with the pay period commencing nearest to My 1, 2009.January 1, 2010. Grade A B C D E F G H I P1 $23.70 $25.86 $27.87 29.68 32.66 33.18 34.72 34.91 35.58 2 3 4 9 12 15 After years years years years years years P2 30.43 33.41 33.93 35.47 35.66 36.34 2 3 4 9 12 15 After years years years years years years P3 31.18 34.16 34.69 36.22 36.41 37.10 For January, 2008, for Police Officers the normal step progression shall be placement on Step A at hire, on Step B after 6 months of service, Step C after one year, D after 2 year, E after 3 years, F after 4 years, G after 9 years and H after 15 years of service. For July, 2008 and thereafter, for Police Officers the normal step progression shall be placement on Step A at hire, on Step B after 6 months of service, Step C after one year, D after 2 year, E after 3 years, F after 4 years, G after 9 years and H after 12 years of service and I after 15 years of service. Nothing in this section shall preclude the EMPLOYER from negotiating a higher entry-level wage if the EMPLOYER determines that relevant experience and education permit such higher rate For School Resource Officers (SRO), Special Investigative Unit Officers (SIU), Crime Free Multi -Housing Officers (CFMH) and Investigators, the normal step progression shall be placement on the step which represents his/her current years of service and progression through the steps based on years of service with the City of Plymouth as outlined on the salary grid. Page 28 APPENDIX 8 ITEM UNIT PRICE QUANTITY TOTAL ITEM COST Summer Cap 30.00 1 30.00 Winter Cap 30.00 1 30.00 Shirt Short Sleeved 40.00 3 120.00 Shirt Long Sleeved 42.00 3 126.00 Trousers 50.00 3 150.00 Jacket 250.00 1 250.00 Belt - Garrison 20.00 1 20.00 Belt - Keepers 2.50 4 10.00 Double Magazine Pouch 25.00 1 25.00 Hand Cuffs 30.00 1 30.00 Hand Cuff Case 20.00 1 20.00 Holster (Level 2) 64.00 1 64.00 Gun 400.00 1 400.00 Foot Wear 80.00 1 80.00 Badge 80.00 1 80.00 Flashlight Holder 25.00 1 25.00 ASP/Baton 50.00 1 50.00 ASP/Holder 25.00 1 25.00 Turtle Neck Shirt 20.00 2 40.00 Winter Footwear 80.00 1 80.00 Page 29 APPENDIX C AGREEMENT FOR PURCHASE OF UNIFORMS AND EQUIPMENT THE UNDERSIGNED, a Police Officer employed by the City of Plymouth Officer"), hereby acknowledges that City has paid for an initial issue of uniforms and equipment to the Officer as more specifically described on the attached list (hereinafter collectively referred to as "Uniforms"), worth Dollars ($) (the Debt"). The Officer hereby agrees to repay the Debt as follows: 1) under the terms of the labor agreement (Clothing Allowance), 2) in the event that the Officer's employment with the City is terminated by either the City or the Officer for any reason prior to payment of the Debt, the Officer shall return any items listed on the attached list which reflect the amount of the Debt remaining to be paid (items will be valued at 75% of their cost as of date of hire). The Officer agrees that the City shall have complete discretion regarding which listed item(s) must be returned by the Officer as representative of the dollar amount still owed on the Debt. The Officer acknowledges that the City of Plymouth shall own the Uniforms until the Debt is paid in full. OFFICER: BY: Printed Name: Date: Page 30 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING THE 2010 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LELS)--PATROL WHEREAS, representatives of the City of Plymouth and Law Enforcement Labor Services, representing Plymouth patrol officers have met to negotiate a labor contract in accordance with the Public Employees Labor Relations Act, and WHEREAS, the City Manager has reported an agreement has been reached for the period of January 1, 2010 through December 31, 2010; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it does hereby approve the labor agreement between the City of Plymouth and LELS Patrol, for the period of January 1, 2010 through December 31, 2010 FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Approved this 26th day of October 2010. Page 31 rp)City of Plymouth Adding Q}.Iity 1. Life To: REGULAR COUNCIL MEETING Prepared by: October 26, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Agenda 6.16Number: Laurie Ahrens, City Manager Givonna Kone, Human Resources Manager Laurie Ahrens, City Manager Settlement of Labor Contract with Law Enforcement Labor Services, which represents Plymouth Sergeants Adopt the attached resolution approving the 2010 labor agreement with Law Enforcement Labor Services (LELS), representing the Plymouth Sergeants. 2. BACKGROUND: The City and LELS Sergeants had a two-year agreement for 2008-2009. The parties began meeting in December 2009 to negotiate a labor agreement for 2010. This was a difficult year for negotiating, thus, very few changes are being proposed for the 2010 contract. The City and the bargaining unit reached tentative agreement on October 8, 2010. The proposed 2010 labor agreement provides for the following changes: Wages — In August 2010, the city and LELS Patrol went to arbitration over 2010 wages and the arbitrator awarded a 0% to patrol for 2010. At the October 8, 2010 negotiation session, the city offered the sergeants a 0% increase and after some discussion, the sergeants tentatively agreed. Health Insurance -- The city currently offers employees two deductible plans with VEBAs. The Triple Gold Co -Pay plan was eliminated due to low participation. For calendar year 2010, the city's health insurance carrier raised the total premium for the two deductible plans by 7%. The city and LELS Sergeants have tentatively agreed to an increase of $40.50 per month to the employer's contribution for health insurance, which reflects a 50/50 split of the increase in premium for the $1200/$2400 deductible plan. Staff proposes that the city continue to cover 100% of single health insurance premiums. This would result in an employer contribution increase of 32.50 per month for one plan and $27 per month for the other plan. This health insurance proposal reflects the figures approved by the City Council for non-union employees, Clerical, Technical Professional, and Maintenance Workers. Page 1 2010 Health Insurance Proposal for LELS Sergeants VEBA 832 MA Single ($2,250 Deductible) Family ($4,500 Deductible VEBA 830 Single ($1,200 Deductible) Family ($2,400 Deductible) No city -sponsored health insurance Total Premium City Contribution to Premium City Contribution to VEBA Total COP Contribution EE Contribution to Premium 411.00 411.00 353.00 764.00 0.00 1,027.00 654.80 243.94 898.74 372.20 494.50 494.50 275.00 769.50 0.00 1,235.00 757.07 141.67 898.74 477.93 353 to Deferred Compensation Post-retirement Health Care Savings Plan -- Post retirement HCSAs allow eligible employees to pay for eligible medical expenses on a tax free basis after retirement. The city currently has in place a Post -Retirement Health Care Savings Arrangement (HCSA) for non-union and AFSCME employees, and the Sergeants have requested access to this plan. The proposed language will allow eligible Sergeants to make a one time contribution of accrued and unused vacation leave at the time of retirement into an account to be used to pay for eligible medical expenses. The post retirement HCSA benefits retirees because vacation hours, which are taxed when paid out in cash, can be set aside tax free to offset the former employee's retirement costs. The city is also exempted from paying taxes on funds deposited into post retirement HCSAs. To extend the use of the post retirement HCSA to Sergeants, staff proposes adding the following language to the Sergeant's contract: ARTICLE X. VACATION 10.3 Health Care Savings Arrangement. Members of the bargaining unit are eligible to participate in the health care savingsarrangement for retiring employees as described in Section 3-15 of the Personnel Policy. 3. BUDGET IMPACT: The proposed labor agreement can be accommodated within the 2010 budget. The total cost of the employer's increase in its 2010 health insurance contribution for the LELS Sergeants bargaining unit is $5,480. 4. ATTACHMENTS: Proposed 2010 Labor Agreement Resolution Page 2 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES, INC. Sergeants) JANUARY 1, 20082010 THROUGH DECEMBER 31, 2002010 Page 3 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS.................................................................................................................... 1 ARTICLE 11. RECOGNITION................................................................................................................ 1 ARTICLE III. EMPLOYER RIGHTS...................................................................................................... 1 ARTICLE IV. SENIORITY..................................................................................................................... 2 ARTICLEV. WORK SCHEDULE........................................................................................................... 3 ARTICLE VI. PREMIUM PAY............................................................................................................... 4 ARTICLE VII. DISCIPLINE................................................................................................................... 4 ARTICLE VIII. GRIEVANCE PROCEDURE........................................................................................ 5 ARTICLE IX. HOLIDAYS...................................................................................................................... 7 ARTICLE X. VACATION....................................................................................................................... 8 ARTICLE XI. DISABILITY LEAVE...................................................................................................... 9 ARTICLE XII. EMERGENCY/FUNERAL LEAVE............................................................................... 14 ARTICLE XII. INJURY ON DUTY LEAVE.......................................................................................... 15 ARTICLE XIV. SPECIAL STATUTORY LEAVES OF ABSENCE ..................................................... 15 ARTICLE XV. RETURN FROM UNPAID MEDICAL LEAVE........................................................... 16 ARTICLE XVI. INSURANCE................................................................................................................ 16 ARTICLE XVII. CLOTHING ALLOWANCE....................................................................................... 18 ARTICLEXIII. WAGES......................................................................................................................... 18 ARTICLE XIX. DURATION................................................................................................................. 19 APPENDIX "A" 20 Dnr_D Page 4 ARTICLE I. DEFINITIONS 1.1 LELS: Law Enforcement Labor Services. 1.2 Employee: A member of Law Enforcement Labor Services, who has completed the probationary period as a police sergeant with the EMPLOYER and has been granted regular employment status. 1.3 Member: A member of LELS in the bargaining unit to which this contract applies. 1.4 Employer: The City of Plymouth. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative of an appropriate bargaining unit of City employees consisting of Police Sergeants excluding other supervisory personnel, as defined in Minn. Stat. 179A.03, Subd. 17; and confidential personnel as defined in Minn. Stat. 179A.03, Subd. 4. ARTICLE III. EMPLOYER RIGHTS 3.1 The EMPLOYER retains the sole and exclusive right to determine the functions and programs of the City, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel, reprimand or otherwise discipline Employees, hire, promote, transfer, and assign Employees to work; determine the number of hours and days to be worked; maintain the efficiency of Employees, close down buildings or any part thereof, or expand, reduce, alter, combine, transfer cease any job, department, operation or service; subcontract any work done by the Employees, control and regulate the use of equipment and other property of the EMPLOYER; determine the number, location and operation of buildings, and divisions and departments thereof, the assignment of work and the size and composition of the work force, make or change rules, policies; introduce new or improved research, development, maintenance, service methods, materials, or otherwise generally manage the City, direct the Employees, and to perform any inherent managerial function not specifically limited by this Agreement. The EMPLOYER'S non -exercise of its rights in a particular way shall not be deemed a waiver of its rights to exercise such rights or to preclude the EMPLOYER from exercising the same in some other way not in conflict with this Agreement. 3.2 Effect of Laws, Rules and Regulations. LELS recognizes that all Employees covered by this Agreement shall perform the services prescribed by the EMPLOYER and shall be governed by the laws of the State of Minnesota, and by EMPLOYER rules, regulations, directives and orders, issued by properly designated officials. LELS also recognizes the 1 Page 5 right, obligation and duty of the EMPLOYER and its duly designated officials to promulgate rules, regulations, directives and orders from time to time as deemed necessary by the EMPLOYER insofar as such rules, regulations, directives and orders do not conflict with the terms of this Agreement. 3.3 Reservation of Management Rights. The enumeration of the rights and duties of the EMPLOYER in this Agreement shall not be deemed to exclude other inherent management rights and management functions not expressly reserved herein and all management rights and management functions not expressly delegated in this Agreement are reserved to the EMPLOYER. ARTICLE IV. SENIORITY 4.1 Seniority shall be defined as a regular full-time Employee's length of continuous service within the bargaining unit. "Last hiring date" shall mean the date upon which an Employee first reported for work at the direction of the EMPLOYER, since which the employee has not quit, retired, been transferred outside the bargaining unit or been discharged. In the event two or more Employees are directed by the EMPLOYER to report to work on the same date, then and in that event, the seniority of those employees will be based upon their respective rating on the eligibility list for employment from which they were selected for employment by the EMPLOYER. No time shall be deducted from an Employee's seniority date due to absences occasioned by any authorized leaves or for layoffs. 4.2 All new regular, full-time Employees shall be probationary Employees during the first twelve (12) months of their employment. During the probationary period, the new Employee shall have no seniority status. At the conclusion of the probationary period, the Employee's name shall be added to the seniority list as of the hiring date. 4.3 In the event of a layoff due to lack of work, regular Employees with the least seniority shall be the first to be laid off. The EMPLOYER shall give the affected Employee not less than two (2) weeks advance written notice of layoff. In the event of rehire, the last Employee laid off shall be the first to be rehired provided he/she is the most qualified individual for the position as determined by the EMPLOYER. 4.4 An Employee's seniority shall be terminated: a) If the Employee quits, retires or is transferred outside the bargaining unit or is discharged for cause. b) If, when recalled to work following a layoff, the Employee fails to report to work as directed by the EMPLOYER. 2 Page 6 4.5 An employee who has been promoted within the department may retain his/her seniority if he/she does not complete the probationary period for the higher position but is otherwise in good standing with the department. ARTICLE V. WORK SCHEDULE 5.1 Work Schedule. The normal work shift shall be one period of eight/ten (8/10) or more consecutive hours within a twenty-four (24) hour period. The normal work week shall be the equivalent of forty (40) hours per week on an annualized basis. The work period shall be a twenty-eight (28) day period, beginning at midnight December 22, 2001. Except as otherwise provided in this agreement, work schedules and lengths of shift shall be established by the EMPLOYER. Nothing contained herein shall be construed as a guarantee of a minimum or maximum number of hours the EMPLOYER may assign Employees. 5.2 The EMPLOYER is responsible to ensure that the shift schedule throughout the work year equals 2080 hours. It is understood that the Employee shall continue to have the opportunity to discharge this obligation through the Employee's participation in departmental training activities outside of the Employee's normal working hours. . Employees who participate in the Employer's wellness event may charge up to two (2) hours against their obligation. All hours remaining which are not charged to training shall be assigned to the Employee by the Police Chief for regular police duties. The Police Chief shall maintain individual time records for each Employee to ensure that the intent of this section is met. 5.3 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis of other than the normal shift. The EMPLOYER will give advance notice to the Employees affected by the establishment of such workdays. 5.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. 5.5 Relief Periods. Two relief periods not to exceed fifteen (15) minutes each are allowed on each Employee's shift. One relief period is to be taken during the first half of the shift and the second relief period to be taken during the second half of the shift. 5.6 Meal Period. Each Employee shall be allowed one (1) thirty (30) minute meal period normally to be taken at the midpoint of the scheduled work shift. Page 7 ARTICLE VI. PREMIUM PAY 6.1 Overtime. Employees who work in excess of the established shift hours shall be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours in excess of the established shift hours. A scheduled change of shifts within a 24- hour period when moving from one rotation cycle to another does not qualify for overtime. 6.2 Employees may be assigned to work overtime at the discretion of the EMPLOYER. Employees shall be required to work overtime unless excused by the EMPLOYER. Employees who refuse to work overtime may be subject to disciplinary action. 6.3 Call Back Pay. An Employee called back to work at a time other than their normal scheduled shift shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's regular base pay rate. Reporting early for a shift or an extension of a shift for call back does not qualify for this minimum. 6.4 Standby and Court Pay. Off duty Employees shall be compensated at one (1) hour's pay for each hour on call or standby. Employees placed on standby or on call shall receive a minimum of two (2) hours pay. Time on a pager status shall be considered standby. . The employee shall receive the minimum pay unless notified by 1630 hours on the day previous to the scheduled court day that he/she is not required to appear. 6.5 Employees that are required to testify in court during off duty hours shall receive a minimum of three (3) hours' pay at time and one-half of their regular base hourly rate. The employee shall receive the minimum pay unless notified by 1630 hours on the day previous to the scheduled court day that he/she is not required to appear. Reporting early for a shift or an extension of a shift for court duty does not qualify for this minimum. ARTICLE VII. DISCIPLINE 7.1 New Employees and Employees who have been rehired shall be on a twelve (12) month probationary period and may be disciplined or discharged by the EMPLOYER in its sole and exclusive discretion at any time during such twelve (12) months' probationary period. Employees who have completed the probationary period may be disciplined, suspended, or discharged for cause. The EMPLOYER shall give written notice of suspension or discharge. Grievances under this section may be processed in accordance with the grievance procedure. 7.2 Discipline may be in one or more of the following forms: a) Oral reprimand; b) Written reprimand; 4 Page 8 c) Suspension; d) Demotion; or e) Discharge. 7.3 Notices of suspension, demotions, and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. LELS shall be provided with a copy of each such notice. 7.4 Employees may examine their own personnel files at reasonable times under the direct supervision of the EMPLOYER. 7.5 Grievances relating to this Article may be initiated by LELS in Section 9.3 of the Grievance Procedure. ARTICLE VIII. GRIEVANCE PROCEDURE 8.1 Definition: A "grievance" is a dispute or disagreement over the interpretation or application of the specific terms and conditions of this Agreement. 8.2 Union Representatives: The EMPLOYER will recognize a representative designated by the Union as the grievance representative of the bargaining unit having the duties and responsibilities established by this Article. The Union will notify the EMPLOYER in writing of the names of those designated to serve as Union Representatives. 8.3 Processing of a Grievance: It is recognized and accepted by the Union and the EMPLOYER the processing of grievances is limited by the job duties and responsibilities of the employees and will therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and the Union Representative will be released from work, without loss of pay, to attend meetings or hearings pursuant to this Article provided the employee and the Union Representative have notified and received the approval of the EMPLOYER who has determined such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 8.4 Waiver: If a grievance is not presented within the time limits set forth below, it will be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it will be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the Union. 5 Page 9 8.5 Procedure: Grievances, as defined by Article 8.1, will be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement will, within twenty-one (2 1) calendar days after such alleged violation has occurred, present such grievance to the employee's immediate supervisor. The supervisor will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. If the Employee is not satisfied with the supervisor's response, the Employee shall commit the grievance to writing and submit it to the employee's immediate supervisor within ten (10) calendar days after receipt of the supervisor's verbal response. The supervisor shall respond to the written submission within ten (10) calendar days after receipt. If an Employee is not satisfied with the disposition of the grievance, at Step 1 the Union may within ten (10) calendar days after receipt of the disposition of the grievance submit the grievance to the Police Chief. Such grievance will be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested. Step 2. If appealed, the written grievance will be presented by the Union and discussed with the Police Chief. The Police Chief shall confer with the Union and within ten (10) calendar days after such meeting, the Police Chief shall make a decision and give a written answer to the Union. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days after receipt of the disposition of the grievance by the Police Chief. Step 3. If appealed the written grievance shall be presented by the Union to the City Manager. The City Manager shall confer with the Union and within ten (10) calendar days after such meeting, the City Manager shall make a decision give a written answer to the Union. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the City Manager's final answer in Step 3. Step 3A. A grievance unresolved in Step 3 may, by mutual agreement, be submitted to mediation. A submission to mediation preserves the time lines for filing Step 4. Step 4. The grievance shall be submitted to arbitration before an arbitrator. In the event the EMPLOYER and the Union cannot agree upon the selection of the arbitrator within ten (10) calendar days, the Director of the Bureau of Mediation Services may be requested by either party to submit a list of seven (7) persons from which the arbitrator 6 Page 10 shall be selected. The parties shall alternately strike one name from the list of seven (7) names. The last remaining name shall serve as the arbitrator. 8.6 The arbitrator shall be empowered, except as limited below, to make a final and binding decision in cases of alleged violation of rights expressly accorded by this Agreement. Limitations on the power of the arbitrator are as follows: A. They shall have no power to add to or subtract from or modify any of the terms of this Agreement. B. They shall have no power to establish or change wage rates or establish fringe benefits. C. They shall have no power to decide any question, which under this Agreement, is within the right of management to decide. D. The EMPLOYER shall not be required to pay back wages prior to the date of the occurrence which gave rise to the grievance. 8.7 All fees and expenses of the arbitrator shall be shared equally by the EMPLOYER paying one-half (1/2) of such fees and expenses and the Employee or Union paying one-half 1/2). Each party to the arbitration procedure shall be responsible for compensating its own representatives and spokespersons and all expenses incurred in preparing and presenting its arbitration case. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost will be shared equally. 8.8 The arbitrator shall have no right to require the EMPLOYER, Union or any Employee to perform any act contrary to law or contrary to the provisions of this Agreement. 8.9 Employees subject to veteran's preference hearing must elect to have either a veteran's preference hearing or a hearing before an arbitrator following the disposition of a grievance by the City Manager. In no event shall such an Employee be entitled to both a hearing under the veteran's preference laws and final and binding arbitration as provided for in this agreement. ARTICLE IX. HOLIDAYS 9.1 Employees normally scheduled to work the following holidays shall receive pay at one and one-half (1-1/2) times the Employee's regular base pay rate for the assigned shift hours and two (2) times the Employee's regular base rate for any additional hours actually worked during the below listed periods: 1. Martin Luther King Day 2. Presidents Day 7 Page 11 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Friday after Thanksgiving Day 9. Christmas 4:00 p.m. December 24 until 4:00 p.m. Midnight December 25. 10. New Year's 4:00 p.m. December 31 until 4:00 p.m. January 1. 9.2 Eight (8) hours of holiday leave shall be granted to eligible Employees for each of the following ten holidays: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Holiday Thanksgiving Thursday and Friday), Christmas. In years when Christmas day falls on Tuesday, Wednesday, Thursday or Friday, the latter half of the 8 -hour day on December 24 shall also be recognized as a holiday and four (4) hours of holiday leave shall be granted. In years when Christmas day falls on Saturday, Sunday or Monday an additional four hours of vacation shall be granted, accrued in bi-weekly increments throughout the calendar year. 9.3 Floating holidays (16 hours) formerly provided under this article are now reflected in the vacation leave accrual. 9.4 To qualify for paid holiday leave, the Employee must have worked the last workday before and the first day after the holiday; or the Employee must be on authorized vacation or disability leave. Such authorization of disability leave by the Chief shall be final and binding for purposes of determining eligibility for holiday pay. 9.5 Except for December 24, when a holiday falls upon a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls upon a Sunday, the following Monday shall be observed as the holiday. ARTICLE X. VACATION 10.1 Vacation leave is authorized absence from duty, with pay, granted all regular full-time Employees in accordance with the following schedule: Completed Years of Employment Leave Accrued Per Year in Hours 0-5 100 6-9 140 10 148 11 156 12 164 13 172 14 180 15+ 191 8 Page 12 10.2 Regular full time Employees shall be permitted to accumulate a maximum credit of two 2) times the Employee's annual vacation accrual rate. Employees shall use vacation leave in the amounts of not less than one-half (1/2) work day. 10.3 Health Care Savings Arrangement. Members of the bargaining unit are eligible to participate in the health care savingsgement for retiring employees as described in Section 3-15 of the Personnel Policy. ARTICLE XI. DISABILITY LEAVE 11.1 Overview: This policy provides income continuation to eligible Employees through a combination of short-term, mid-term and long-term disability coverages: Short-term disability is credited annually on January 1 to each regular Employee at a rate of 48 hours, 64 hours, or 80 hours based upon length of service to provide income continuation to the Employee for illness or injuries which result in a work absence from one-half work day to two full work days in duration. Mid-term disability coverage for income continuation commencing on the third consecutive work day absent and is credited to an Employee at the rate of 120 hours following six months employment. Thereafter, on January 1 of each year, the Employee is credited with additional mid-term coverage hours based upon the number of unused short-term hours remaining on December 31 of the preceding year multiplied times two. Long-term disability is provided through an insurance policy which currently provides for long-term disability benefits following 180 calendar days of disability at sixty percent 60%) of the Employee's monthly income, not to exceed $3,000 per month. 11.2 Definitions: For the purpose of the disability policy, the following terms shall have the meanings provided below. A. "Anniversary Date" shall mean the date upon which an Employee first reported for full-time work at the direction of the City, since which time the Employee has not resigned, retired or been discharged. B. "Disability" means a state of incapacity due to personal illness, or accidental bodily injury to a full-time Employee except for illness or accidental bodily injury incurred while self-employed or employed by other than the City, which requires the regular and personal attendance of a licensed physician and/or which prevents an Employee from performing substantially all of the duties of a position for which the Employee is reasonably qualified by training, education or experience. The term "disability" also applies 9 Page 13 1) if the employee's minor child (under 18 years or under 20 years if attending secondary school) requires care from the employee due to the child's illness 2) if the employee is using the leave in conjunction with emergency leave for attendance at the birth of their child. In this case the amount of leave used may only equal the hours needed to grant the employee three (3) full shifts of time off. C. "Short and mid-term disability leave" is authorized absence from duty with pay granted regular full-time Employees who have successfully completed six (6) months of employment with the City and who become disabled. Disability leave is not a right which an Employee may use at the Employee's discretion. Disability leave shall be allowed by the supervisor and the City Manager only in the case of verified necessity and actual need. The purpose of any disability leave is to provide income continuation during that period of time when the Employee is unable to perform substantially all of the duties of a position for which the Employee is qualified by training, education or experience due to personal illness or accidental bodily injury. Mid term disability" may be further defined as authorized leave following the birth or adoption of a child. In order to be eligible an employee must give at least a three-week notice of his intention to use such leave. He must also use an equal amount of vacation or comp time, on an hour for hour basis, in order to qualify for the use of mid-term disability leave. No more than three weeks (120 hours)of mid term disability leave may be used for this purpose. The 120 hours of mid-term disability leave must be used within 18 weeks of the birth or adoption of the child. 11.3 Disability Leave Benefits: A. Short-term Coverage: For continuous disability absences involving a minimum of one-half work day to a maximum of two full work days, a short-term coverage program is available to full-time Employees. B. Mid -Term Coverage: For disability absences commencing on the third consecutive lost work day and beyond subject to the Employee mid-term balance and the usage/accrual maximum. C. Crediting Short and Mid -Term Coverage: Short and mid-term coverage are credited based upon the following: 10 Page 14 Employee Length of Service Short -Term Coverage Following completion of the 48 hours initial six months employment. Each January I st following completion of the initial probationary period through five years of service. Each January 1 st beginning with the sixth year of service through ten years of service. Mid -Term Coverage 120 hours 48 hours Two times the unused short-term coverage for the preceding year credited to the existing mid-term balance. 64 hours Two times the unused short-term coverage for the preceding year credited to the existing mid-term balance. Each January 1 st beginning 80 hours Two times the unused the eleventh year of service short-term coverage for subject to the usage/accrual the preceding year cap. credited to the existing mid-term balance. D. Short-term coverage is available for use for disabilities as defined in this section and the Employee's balance shall be reduced for any full or partial days used. E. Mid-term coverage is available for use for disabilities as defined in this section commencing the third consecutive work day of disability until 180 calendar days has elapsed or the Employee's balance is exhausted. Each Employee's mid-term coverage balance is reduced by full day(s) or one-half day(s) as appropriate for each usage. F. If the Employee uses all short-term coverage before the end of the year in which credited, he/she may use vacation, floating holiday or leave of absence without pay with the supervisor's approval for disability absences of two consecutive days or less. G. An Employee may use vacation, floating holiday or leave without pay for absences up to 8 consecutive days eligible for mid-term coverage with or without a remaining balance with the supervisor's prior approval. Requests for leave of absence without pay in excess of 8 days requires prior City Manager approval. Such substitutions shall be documented on the Personnel Action Form to confirm use of vacation, floating holiday or leave of absence without pay for disability purposes. 11 Page 15 11.4 Short and Mid -Term Coverage Maximum Usage Accrual. The maximum number of work hours for which an employee may receive paid short and/or mid-term disability benefits under this policy during the Employee's career with the City shall be 2400 hours. An Employee shall not be provided benefits beyond the amount of his/her balance. Upon reaching this maximum, the Employee will no longer be eligible to receive paid disability benefits under this section. 11.5 Administration of Short and Mid-term Coverage: This policy shall be administered by the Employee's supervisor. The procedures set forth below will be followed in administering the policy: A. The disability benefits provided by this policy, including such other benefits as the Employee may be entitled to receive such as, but not limited to, Worker's Compensation or personal injury protection coverage, shall not exceed the Employee's regular straight time earnings as of the initial date of disability. B. Disability benefits shall be calculated at the Employee's regular straight time earning rate as of the date the disability leave originally commenced. In no instance shall an Employee receive disability leave benefits under the provisions of this policy in excess of the Employee's normal weekly compensation less federal and state income taxes. C. Leave balances shall be adjusted pro rata (rather than by days or half -days as per 11.3.D. and 11.3.E) if the leave is integrated with a worker's compensation claim. D. To be eligible to receive disability leave benefits, an Employee shall inform the immediate supervisor not later than 30 minutes after the time the Employee was scheduled to begin work or as provided by departmental rules. Employees are responsible for keeping the supervisor advised on at least a weekly basis of their disability status to remain eligible for paid benefits. E. The City shall reserve the right to have its own physician examine the Employee periodically to render an opinion dispositive on whether the Employee is able to return to productive work with the City. If, in the City's sole judgment, an Employee is deemed to be able to resume productive work for the City, the Employee shall be directed to report to an appropriate work assignment. If the Employee fails to report for work as directed, paid benefits shall be terminated upon recommendation of the supervisor and approval of the City Manager. F. When an Employee requests any disability leave benefits, a physician's statement may be required by the supervisor upon the Employee's return to work and before payment of benefits. The physician's statement must indicate the nature and length of the disability, any restrictions which the disability places upon the Employee's ability to perform the work of the position and attest to the Employee's ability to return to work. An Employee who has been asked by the supervisor to provide such a statement shall not be allowed to receive benefits until complying with this 12 Page 16 provision. In the event the period of disability exceeds four (4) days, the Employee will be responsible for submitting a physician's statement acceptable to the supervisor prior to receiving benefits under this program. Upon returning to work, the Employee shall complete and submit to the supervisor the prescribed personnel action form stating the nature and duration of the disability for which benefits are requested. The City Manager may waive the provision of this section at his sole discretion. G. An Employee who makes a false claim of disability leave shall be subject to disciplinary measures, including discharge, which in the opinion of the supervisor and/or City Manager is justified by the circumstances involved. H. While receiving paid benefits under this section the Employee will continue to accrue vacation leave and receive city contributions to retirement and insurance programs sponsored by the city in which the Employee participates. Holiday pay will be administered in accordance with Article IX. L Short-term and mid-term coverage balances shall not be converted to any other form, i.e., cash, vacation, or any other thing of value at any time for any purpose for any Employee. 11.6 Supervisor Responsibility. It shall be the supervisor's responsibility to review requests for paid disability leave benefits for the full-time City Employees they supervise. Such requests shall normally be granted, provided the Employee demonstrates to the supervisor's satisfaction that the absence for which benefits are requested is in accordance with this policy. The supervisor shall, however, take such reasonable and prudent steps to ensure that the Employee's request is in accordance with these policies and further that the previous use of such benefits by the Employee does not suggest an inordinate use of such leave. If, in the supervisor's judgment, the use of such benefits by the Employee shows a pattern suggesting excessive use and/or abuse, the supervisor shall first discuss the matter with the Employee. The supervisor and Employee shall review the past use with the Employee. If the use demonstrates an absence pattern or excessive use and/or abuse, the supervisor shall then caution the Employee about continued use of such leave and/or disallow the use of such benefits or take appropriate action. A. The decision to grant or deny paid disability benefits shall be made by the Employee's supervisor subject to the approval of the City Manager. If the request is denied, the Employee may discuss the matter with the supervisor and the City Manager. Following such meeting, the City Manager shall reevaluate the Employee's request and make a decision on the request. The decision of the City Manager following such meeting shall be final. 11.7 Eli igbilityforLong -Term Disability. Long-term disability leave is authorized absence from duty with pay granted full-time Employees of the City. Long-term disability 13 Page 17 benefits shall be available to eligible full-time Employees based exclusively upon the terms and conditions contained in the contract with the City and its long-term disability insurer. The terms and benefits under the program are subject to change from time to time. A complete copy of the contract dealing with the terms and conditions for the long- term disability benefits program shall be on file with the Finance Department and shall be available for review by Employees. 11.8 Benefits. The current issued long-term disability program provides for the following benefits. A. Elimination Period. Benefits are payable commencing with the 181st calendar day of disability. B. The eligible Employee shall receive sixty percent (60%) of the Employee's regular straight time compensation as of the date the disability commenced, to a maximum of $3,000 per month payable to age 70 subject to coordination with any and all other disability benefits whether provided by the city, private firm or another public agency. C. When on approved paid long-term disability leave the Employee shall not receive city contributions to retirement and insurance programs considered as time in active service unless this paragraph is specifically waived by the City Manager. ARTICLE XII. EMERGENCY/FUNERAL LEAVE 12.1 Emergency/funeral leave may be granted to regular full-time City employees by the employee's immediate supervisor. To be eligible for emergency/funeral leave an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requires the continuous presence of the employee. The term "immediate family" shall include the spouse, mother, father, brother, sister of the employee, or grandmother, grandfather or grandchild of the employee or spouse, mother-in-law or father-in-law. Relatives of the employees other than those above -listed shall not be considered members of the immediate family for the purposes of this policy, except that an employee may receive funeral leave benefits in the event of the death of his/her child. 12.2 Paid emergency leave may be granted for one, two or three shifts where the supervisor concludes such leave is warranted. No more than three (3) shifts per calendar year shall be granted. The immediate supervisor shall grant or deny such requests and maintain records of emergency leave granted. 14 Page 18 ARTICLE XIII. INJURY ON DUTY LEAVE 13.1 In those cases where an Employee is injured on duty through no misconduct of the Employee's own, and while safely performing assigned duties, the Employee shall be eligible for Injury On Duty Leave. The Employee must report the injury within twenty- four (24) hours of its occurrence to qualify for such leave. The City Manager shall review each case and make a determination based on foregoing criteria and shall make a final and binding determination on the Employee's eligibility for such leave. 13.2 No Employee shall be granted Injury On Duty Leave until the Employee has been absent from duty for a period of eighty (80) hours. During this period the Employee shall be required to utilize their disability leave as provided in Article XI. 13.3 If an Employee is found to be eligible for Injury On Duty Leave, in accordance with the provisions of Section 13.1 and 13.2, above, they shall receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other injury -related benefits and their normal rate of pay. Such supplementary payments shall not continue for more than eighty-four (84) consecutive calendar days and shall not be charged against the Employee's disability leave. 13.4 Injury On Duty Leave shall extend for a maximum of eighty-four (84) consecutive calendar days. The EMPLOYER may require the injured Employee to be examined by a physician or consultant selected by the EMPLOYER in order to determine whether the Employee is able to return to work pursuant to the provisions of 13.5 below. 13.5 Injury On Duty Leave shall be terminated by the EMPLOYER at such time as: A. The Employee is able to return to work; B. A duly qualified physician determines that the Employee is able to perform duties for the EMPLOYER for which the Employee is or may reasonably become qualified to perform by experience, education or training. ARTICLE XIV. SPECIAL STATUTORY LEAVES OF ABSENCE 14.1 Family medical leave and parental leave shall be administered as per the applicable section of the employer's personnel policy dated January 1, 2001. 15 Page 19 ARTICLE XV. RETURN FROM UNPAID MEDICAL LEAVE 15.1 An employee shall be allowed an unpaid medical leave of absence of up to six months from the date on which they go on an authorized unpaid leave of absence. In order to receive an approved leave, the employee must provide medical information apprising the Employer of their status regarding a return to work. An employee who cannot return to work after the six month leave may be extended additional leave time by the Employer. In order to be considered, a request for such additional leave must be accompanied by an updated evaluation from their physician. The Employer reserves the right to require an examination by its own physician at any time during the leave. ARTICLE XVI. INSURANCE 16.1 The EMPLOYER will select and provide group health and dental insurance with benefits substantially the same as presently exist for the duration of this Agreement. Beginning January 1, 2-002010, the formula for premium contributions by the Employer shall be as follows: 4 i 30 699.82 $ 141,67 4 N E_5 $243 N.1 FE 3 0 448.50 $274-03 VEBA832 373.00 $ 349,53 16 Page 20 City City Total EE Total Contribution Contribution COP Contribution Premium to Premium to VEBA Contribution to Premium Triple Geld $858.24 In 2009, if either AFSCME unit or the non -represented employees receive an EMPLOYER contribution greater than the amount established by the above formula, the EMPLOYER shall provide an equal contribution to this unit. 17 Page 21 VEBA 832 Singlee 2,250 Deductible) 411.00 $411.00 $353.00 $764.00 $0.00 Family 4,500 Deductible) 1,027.00 $654.80 $243.94 $898.74 $372.20 VEBA 830 w Single 1,200 Deductible) 494.50 $494.50 $275.00 $769.50 $0.00 Family 2,400 Deductible] 1,235.00 $757.07 $141.67 $898.74 $477.93 353 to Deferred No cites -sponsored health insurance Compensation In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. Triple Geld $858.24 In 2009, if either AFSCME unit or the non -represented employees receive an EMPLOYER contribution greater than the amount established by the above formula, the EMPLOYER shall provide an equal contribution to this unit. 17 Page 21 16.3 The EMPLOYER will provide the Employee with term life insurance and accidental death and dismemberment insurance in the total face amount of $150,000. If an employee waives health coverage with proof of group coverage, the EMPLOYER'S contribution will be equal to the contribution set for the major medical with VEBA 832 plan but the amount must be placed in a deferred compensation account. If IRS Code, Section 457, is repealed or changed the EMPLOYER shall no longer provide such compensation. 16.4 All Employees of the unit eligible for long-term disability insurance coverage shall pay, through payroll deduction, the full cost of such coverage. The coverage maximum shall be increased to $4000 per month. The EMPLOYER shall adjust wages in 2009 to cover any additional cost to employees if there is an increase in the cost of this insurance. ARTICLE XVII. CLOTHING ALLOWANCE 17.1 Employees shall receive a clothing allowance of $850 in 2008 and $875 in 2009. This allowance is for the purchase, maintenance, repair and replacement of uniforms and equipment provided by the Employee and for the civilian clothing for those Employees assigned to work in plain clothes. The EMPLOYER shall provide uniformed Employees with the following items: badge, cap badge, collar brass, shoulder patches, helmet, mace and mace holder. 17.2 The EMPLOYER will provide one-half the annualized payment in January and one-half the annualized payment in July. ARTICLE XIII. WAGES 18.1 Step merit wage increases shall not be considered automatic, rather shall be dependent upon the recommendation of the Employee's immediate supervisor, the Police Chief, and approved by the City Manager. Such merit increases shall normally be considered annually at the Employee's anniversary date of promotion to sergeant. 18.2 It is understood that the wage rates established pursuant to this Agreement have been arrived at between the parties recognizing the fact that no special supplemental forms of compensation, such as longevity pay or educational incentive pay, are provided Employees. The parties recognize that the base wage provided for in this Agreement is a more equitable way of compensating Employees than through the use of special supplemental form of compensation, such as longevity pay or educational incentive pay, and the wage rates established hereby recognize this understanding. 18 Page 22 18.3 The job classification and applicable wage rates therefore are set forth in Appendix A attached hereto and by this reference made a part hereof. ARTICLE XIX. DURATION 19.1 Term of Contract. This contract shall become effective as of January 1, 201005, and shall continue in full force and effect up to and including December 31, 201009. 19.2 Effect of Contract. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this contract, are hereby superseded. 19.3 Termination or Modification. Either party desiring to terminate or modify this contract must notify the other party in writing after May 1 st and prior to July 31St, 2009. A notice of desire to modify this contract shall set forth the proposed modifications sought by the party, and all clauses of this contract for which no modification is sought shall be renewed automatically. Negotiations with respect to proposed modifications may commence at any time after notice of proposed modifications has been given. 19.4 Negotiations During Term. The parties mutually acknowledge that during the negotiations which resulted in this contract, each had the opportunity to make demands and proposals regarding existing terms and conditions of employment. IN WITNESS WHEREOF, the parties have executed this contract as follows: FOR: SERGEANTS John Sigfrinius Brooke Bass Date APPROVED BY RESOLUTION NO. -- DATE: FOR: CITY OF PLYMOUTH Mayor City Manager Date 19 Page 23 APPENDIX "A" Page 24 STEP art 6293.03 6606.60 9 All rates are calculated based upon a 2080 -hour work year. The following wage rates shall be effective with the pay period commencing nearest to April 1, 2009-january 1, 2010. STEP Start After 12 mo. (1 yr.) After 24 mo. (2 yr.) After 36 mo. (3 yr.) MONTHLY RATE 6418.89 6738.73 7005.48 7139.58 Page 25 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING THE 2010 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LE LS) --SERGEANTS WHEREAS, representatives of the City of Plymouth and Law Enforcement Labor Services, representing Plymouth Sergeants have met to negotiate a labor contract in accordance with the Public Employees Labor Relations Act, and WHEREAS, the City Manager has reported an agreement has been reached for the period of January 1, 2010 through December 31, 2010; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it does hereby approve the labor agreement between the City of Plymouth and LELS Sergeants, for the period of January 1, 2010 through December 31, 2010 FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Approved this 26th day of October 2010. Page 26 City of Agenda 7 . 1PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk October 26, 2010 Review by: Cal Portner, Administrative Services Director Public hearing to approve 3.2 Off -Sale Liquor License Item: Applications for Northern Tier Retail LLC, d/b/a Super America #335194325 Peony Lane; and Super America #4341, 5750 Nathan Lane N 1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to the contrary, adopt the attached resolution approving 3.2 off -sale intoxicating liquor licenses for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N, for the license period through January 31, 2011. 2. BACKGROUND: The City has received applications for 3.2 off -sale intoxicating liquor licenses from Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N. This is not a new liquor license. There has been a corporate change of ownership. The license applications have been investigated and are recommended for approval by the Police Department. 3. BUDGET IMPACT: All fees have been paid and certificates of insurance provided. 4. ATTACHMENTS: Notice of Hearing Map and List of Property Owners within 500' of Location Resolution Page 1 NOTICE OF PUBLIC HEARING ON OFF -SALE 3.2 LIQUOR LICENSE APPLICATIONS FOR NORTHERN TIER RETAIL LLC, D/B/A SUPER AMERICA #3351, 4325 PEONY LANE; AND SUPER AMERICA #4341, 5750 NATHAN LANE N NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a public hearing on the off -sale 3.2 liquor license applications of Northern Tier Retail LLC, d/b/a Super America 3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N on Tuesday, October 26, 2010 at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth Blvd. 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 42 r i .R 1l . v t v ' 1 4325 Peony La N 0 100 200 400 600 800 0009 Feet Legend Subject Property 500 Feet Q City Limits Page 18-118-22-12-0010 18-118-22-12-0008 MINNWEST BANK METRO MINNWEST BANK METRO 1150 YANKEE DOODLE RD 1150 YANKEE DOODLE RD EAGAN MN 55121 EAGAN MN 55121 18-118-22-12-0017 18-118-22-12-0020 LEONARD W GRANNES PEONY 55 PARTNERS LLC TRUST DTD 12/20/2000 527 MARQUETTE AVE # 1000 6990 MARIANN DR MINNEAPOLIS, MN 55402 EDEN PRAIRIE, MN 55346 18-118-22-12-0022 18-118-22-12-0023 PEONY 55 PARTNERS LLC PEONY 55 PARTNERS LLC 527 MARQUETTE AVE # 1000 527 MARQUETTE AVE # 1000 MINNEAPOLIS, MN 55402 MINNEAPOLIS, MN 55402 18-118-22-13-0001 18-118-22-12-0019 PARK NICOLLET CLINIC SCHERER LIMITED PARTNERSHIP 3800 PARK NICOLLET BLVD 9401 73RD AVE N # 400 ST. LOUIS PARK, MN 55416 BROOKLYN PARK, MN 55428 18-118-22-12-0005 MELBERT M MASTLEY ET AL TRUST 18035 OLD ROCKFORD RD PLYMOUTH MN 55446 18-118-22-12-0016 LEONARD W GRANNES TRUST DTD 12/20/2000 6990 MARIANN DR EDEN PRAIRIE. MN 55346 18-118-22-12-0021 PEONY 55 PARTNERS LLC 527 MARQUETTE AVE # 1000 MINNEAPOLIS, MN 55402 18-118-22-12-0024 PEONY 55 PARTNERS LLC 527 MARQUETTE AVE # 1000 MINNEAPOLIS, MN 55402 18-118-22-11-0091 NORUIK INVESTMENTS LLC 17805 OLD ROCKFORD RD PLYMOUTH, MN 55446 Page 4 yy 6 ^ k tr Irr" i1f` t. ti 100 4, d y a rhe * a d,} 4 M! ,'+f * r'1 , .., 2:,..d"',' Y!%,.it,., .g 1 _ •. ' ¢ moi h, OF 5750 Nathan Ln N Legend Subject Property 0 zoo 400 800 1,200 1,600 500 Feet Feet City Limits Page 71t, aw 5750 Nathan Ln N Legend Subject Property 0 zoo 400 800 1,200 1,600 500 Feet Feet City Limits Page 01-118-22-42-0010 01-118-22-13-0005 M G ASTLEFORD CO SCHNEIDER (USA) INC C/O PROP TAX DEPT BOSTON SCIENTIFIC SCIMED INC 539 MAIN ST S 2 SCIMED PL FINDLAY, OH 45840 MAPLE GROVE, MN 55311 01-118-22-41-0010 01-118-22-13-0009 THOMAS GROSSMAN FAMILY LIMITED PARTNERSHIP FORT VII,LLC 7625 METRO BLVD # 300 601 S FIGUEROA ST # 2050 EDINA, MN 55439 LOS ANGELES, CA 90017 01-118-22-14-0004 COMFORT RIDGE 10350 BREN RD W MINNETONKA, MN 55343 Page 6 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE 3.2 OFF -SALE LIQUOR LICENSES FOR NORTHERN TIER RETAIL LLC, D/B/A SUPER AMERICA #3351, 4325 PEONY LANE; AND SUPER AMERICA #4341, 5750 NATHAN LANE N WHEREAS, the City has received applications for 3.2 off -sale intoxicating liquor licenses from Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, the City Council has conducted a public hearing and finds no reason to deny the application; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the 3.2 off -sale intoxicating liquor licenses are hereby approved for Northern Tier Retail LLC, d/b/a Super America #3351, 4325 Peony Lane; and Super America #4341, 5750 Nathan Lane N. The liquor licenses are issued for the period through January 31, 2011. Approved this 26th day of October, 2010. Page 7 rp)City of Agenda 7.2PlymouthNumber. Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician Reviewed by: Doran Cote, P.E. Director of Public Works October 26, 2010 Assessment Public Hearing 2010 Mill and Overlay Project Item: 36th 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 three resolutions adopting the three assessment rolls as proposed. 2. BACKGROUND: The City Council set October 26, 2010 as the date of the public hearing on the final assessment for the 2010 Mill and Overlay Project. The project involved removing and replacing the wearing course, or top 2 inches of bituminous on 36th Avenue (Area - 1 located between Zachary Lane and T.H. 169) and on Nathan Lane/Old County Road 15/Revere Lane (Area - 2 located East of Saratoga Lane and South of T.H. 55). In addition some concrete driveway entrances were replaced as needed and any settled, cracked or heaved concrete curb and gutter was replaced to properly convey water to the storm sewer system. Pedestrian curb ramps were brought up to current Americans With Disabilities Act ADA) standards. Storm sewer structures were also repaired as needed. Traffic signal loop detectors were replaced on 36th Avenue located 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 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 including engineering and administration. 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 $32,569.44, or 10.38%, of the total project cost be assessed and that $55,746.21, or 30.49%, of the total project cost for Area - 2 be assessed. Page 1 An information packet and a sample of the payment options were sent to each property owner. Option 1 is full payment by November 26, 2010 without any interest. Option 2 is full payoff between the dates of November 27, 2010 and November 15, 2011. Interest in this option will be for the entire year regardless of when the balance is paid off. Option 3 is payment over the standard assessment term (5, 10 or 15 years). Finally, Option 4 is a partial prepayment by November 26, 2010 and the remaining balance to follow the standard assessment term for Option 3. A summary of the proposed funding is as follows: Funding Source Street Replacement Fund Special Assessments Total Funding: 4. ATTACHMENTS: Project Location Maps Final Assessment Area Maps Assessment Rolls (3) Resolutions (3) Final Project Cost 407,396.18 89,170.08 496,566.26 Page 2 IU -ON Figure 2 2010 Mill & Overlay Project Location Lathan Lane /TH 55 Fronage Road/Revere Lane Area 2 City Project No. 10005 a 0 n 5 m age Area 1 Page 5 IP Area 2 T.H. 55 8,314.1 4,667.62 8,513.10 78 Units @ $99.45JEa. $6,391 755.84 T. H. 1691 284 Units @ $32.37JEa. 01 $3,354.85 2010 Mitt and Overlay Final Assessments l[ Parcels to be Assessed Page 6 Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Status: Final Property ID Owner 1 Owner 2 Address City Amount 13-118-22-34-0074 Jane M Nyagwansa Dickson Onami 10620 36th Ave N Plymouth, MN 55441 854.45 13-118-22-34-0075 Stephen Miller Michelle Miller 10610 36th Ave N Plymouth, MN 55441 673.50 13-118-22-34-0076 Danh Ngo Mi Ngo 10600 36th Ave N Plymouth, MN 55441 1,437.48 24-118-22-11-0030 Sinclair Marketing 550 East South Temple Box 3825 " Salt Lake City, LIT 84131 1,427.43 24-118-22-21-0004 Robinsdale Area Schools, ISD # 281 4148 VVinnetka Ave N New Hope, MN 55427 904.71 24-118-22-21-0006 Gregory A Delapointe Julie A Delapoint 10601 36th Ave N Plymouth, MN 55441 1,316.85 24-118-22-21-0007 Plymouth Bivle Chapel 10605 36th Ave N Plymouth, MN 55441 1,980.30 24-118-22-21-0008 Bradley J Wright Joy M Wright 10505 36th Ave N Plymouth, MN 55441 804.18 24-118-22-21-0009 Todd P Listul Fawn B Listul 10515 36th Ave N Plymouth, MN 55441 1,507.84 24-118-22-22-0004 Timothy J Mccauley Rebecca A Hannan 10935 36th Avw N Plymouth, MN 55441 1,055.49 24-118-22-22-0005 Richard Abendroth 11021 36th Ave N Plymouth, MN 55441 1,638.52 36-118-22-41-0014 LGA Investment Group, Inc 10700 Old Co. Rd. 15 # 15 Plymouth, MN 55441 755.84 36-118-22-41-0015 LGA Investment Group, Inc 10700 Old Co. Rd. 15 # 15 Plymouth, MN 55441 4,853.26 36-118-22-43-0017 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 4,667.62 36-118-22-43-0019 Family Child Development 100 Nathan Ln N Plymouth, MN 55441 4,535.01 36-118-22-44-0009 Muller Family Theatres 4940 54th St NW Maple Lake, MN 55358 3,354.85 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 36-118-22-43-0028 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 DANIEL & NICOLE MCDONALD JAN B HARRISON 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 36-118-22-43-0038 MIKHAIL & YAKOV GITERMAN ANNA & ALEKSANDR GITERMAN 35 NATHAN LN N # 118 PLYMOUTH MN 55441 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 IWILLIAM SVERKERSON CATHERINE SVERKERSON 135 NATHAN LN N # 123 PLYMOUTH MN 55441 99.45 36-118-22-43-0044 1 MICHAEL P KIELTY ESTHER A BERMAN KIELTY 135 NATHAN LN N # 124 PLYMOUTH, MN 55441 Pa e99745 Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Status: Final Property ID Owner 1 Owner 2 Address City Amount 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 36-118-22-43-0048 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 36-118-22-43-0056 KRISTEN & RUTH JOHNSON ELIZABETH A JOHNSON 35 NATHAN LN N # 210 PLYMOUTH MN 55441 99.45 36-118-22-43-0057 CAROL J IVERSON 35 NATHAN LN N # 211 PLYMOUTH, MN 55441 99.45 36-118-22-43-0058 ILYA, MARK & MAYA 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 36-118-22-43-0062 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 RANDERBERG 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 IRINA & ELENA ZABORIEVA RAGIUM MAMEDOV 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 3114/06 35 NATHAN LN N # 309 PLYMOUTH, MN 55441 99.45 36-118-22-43-0082 GEORGIA & PARKER OLSON CAROL & BRYCE BAKER 35 NATHAN LN N # 310 PLYMOUTH, MN 55441 99.45 36-118-2243-0083 ALICE C NELSON 35 NATHAN LN N # 311 PLYMOUTH, MN 55441 99.46 36-118-22-43-0084 ROBERT GELINAS PHYLLIS GELINAS 1641 MELROSE ST LOUIS PK, MN 55426 PagpV6 E 36-118-22-43-0086 36-118-22-43-0087 36-118-22-43-0088 36-118-22-43-0089 36-118-22-43-0090 36-118-22-43-0091 36-118-22-43-0092 36-118-22-43-0093 36-118-22-435094 36-118-22-43-0095 36-118-22-43-0096 36-118-22-43-0097 36-118-22-43-0098 36-118-22-44-0013 36-118-22-44-0014 36-118-22-44-0015 36-118-22-44-0016 36-118-22-44-0017 36-118-22-44-0018 36-118-22-44-0019 36-118-22-44-0020 36-118-22-44-0021 36-118-22-44-0022 36-118-22-44-0023 36-118-22-44-0024 36-118-22-44-0025 36-118-22-44-0026 36-118-22-44-0027 36-118-22-44-0028 36-118-22-44-0029 36-118-22-44-0030 36-118-22-44-0031 36-118-22-44-0032 36-118-22-44-0033 36-118-22-44-0034 36-118-22-44-0035 36-118-22-44-0036 36-118-22-44-0037 36-118-22-44-0038 Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Owner 1 Owner 2 SHULIM GITELMAN f K KAUFENBERG LDA M BROWNSON S ROERING JOHN W WILLS JOSHUA, MARK & BELLA STEVEN KAHOLA SANDRA C CARTER ROBERTJOHNSON SUSAN M KOERING ELIZABETH V ULBERG DON J MEIHOST ALEKSANDR M GITERMAN CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP WILLIAM J COBIAN ADELLE D WILLS RUTHJOHNSON Address 35 NATHAN LN N # 313 35 NATHAN LN N # 314 35 NATHAN LN N # 315 35 NATHAN LN N # 316 35 NATHAN LN N # 317 35 NATHAN LN N # 318 35 NATHAN LN N # 319 35 NATHAN LN N # 320 35 NATHAN LN N # 321 18625 29TH AVE N 35 NATHAN LN N # 323 35 NATHAN LN N # 324 35 NATHAN LN N # 325 35 NATHAN LN # 118 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 PLYMOUTH MN 55441 PLYMOUTH, MN 55441 PLYMOUTH MN 55441 PLYMOUTH, MN 55441 PLYMOUTH MN 55441 PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 PLYMOUTH MN 55441 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 Status: Final mour 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 99.46 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 Property ID 36-118-22-44-0039 36-118-22-44-0040 36-118-22-44-0041 36-118-22-44-0042 36-118-22-44-0043 36-118-22-44-0044 36-118-22-44-0045 36-118-22-44-0046 36-118-22-44-0047 36-118-22-44-0048 36-118-22-44-0049 36-118-22-44-0050 36-118-22-44-0051 36-118-22-44-0052 36-118-22-44-0053 36-118-22-44-0054 36-118-22-44-0055 36-118-22-44-0056 36-118-22-44-0057 36-118-22-44-0058 36-118-22-44-0059 36-118-22-44-0060 36-118-22-44-0061 36-118-22-44-0062 36-118-22-44-0063 36-118-22-44-0064 36-118-22-44-0065 36-118-22-44-0066 36-118-22-44-0067 36-118-22-44-0068 36-118-22-44-0069 36-118-22-44-0070 36-118-22-44-0071 36-118-22-44-0072 36-118-22-44-0073 36-118-22-44-0074 36-118-22-44-0075 36-118-22-44-0076 36-118-22-44-0077 36-118-22-44-0078 Owner 1 CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Owner 2 Address 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 Status: Final Lmou 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 Property ID 36-118-22-44-0079 36-118-22-44-0080 36-118-22-44-0081 36-118-22-44-0082 36-118-22-44-0083 36-118-22-44-0084 36-118-22-44-0085 36-118-22-44-0086 36-118-22-44-0087 36-118-22-44-0088 36-118-22-44-0089 36-118-22-44-0090 36-118-22-44-0091 36-118-22-44-0092 36-118-22-44-0093 36-118-22-44-0094 36-118-22-44-0095 36-118-22-44-0096 36-118-22-44-0097 36-118-22-44-0098 36-118-22-44-0099 36-118-22-44-0100 36-118-22-44-0101 36-118-22-44-0102 36-118-22-44-0103 36-118-22-44-0104 36-118-22-44-0105 36-118-22-44-0106 36-118-22-44-0107 36-118-22-44-0108 36-118-22-44-0109 36-118-22-44-0110 36-118-22-44-0111 36-118-22-44-0112 36-118-22-44-0113 36-118-22-44-0114 36-118-22-44-0115 36-118-22-44-0116 36-118-22-44-0117 36-118-22-44-0118 Owner 1 CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Address 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 Status: Final Amount 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 e$3p*p7 Property ID 36-118-22-44-0119 36-118-22-44-0120 36-118-22-44-0121 36-118-22-44-0122 36-118-22-44-0123 36-118-22-44-0124 36-118-22-44-0125 36-118-22-44-0126 36-118-22-44-0127 36-118-22-44-0128 36-118-22-44-0129 36-118-22-44-0130 36-118-22-44-0131 36-118-22-44-0132 36-118-22-44-0133 36-118-22-44-0134 36-118-22-44-0135 36-118-22-44-0136 36-118-22-44-0137 36-118-22-44-0138 36-118-22-44-0139 36-118-22-44-0140 36-118-22-44-0141 36-118-22-44-0142 36-118-22-44-0143 36-118-22-44-0144 36-118-22-44-0145 36-118-22-44-0146 36-118-22-44-0147 36-118-22-44-0148 36-118-22-44-0149 36-118-22-44-0150 36-118-22-44-0151 36-118-22-44-0152 36-118-22-44-0153 36-118-22-44-0154 36-118-22-44-0155 36-118-22-44-0156 36-118-22-44-0157 36-118-22-44-0158 Owner 1 CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 2 1 Address 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 Status: Final mour 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 Property ID 36-118-22-44-0159 36-118-22-44-0160 36-118-22-44-0161 36-118-22-44-0162 36-118-22-44-0163 36-118-22-44-0164 36-118-22-44-0165 36-118-22-44-0166 36-118-22-44-0167 36-118-22-44-0168 36-118-22-44-0169 36-118-22-44-0170 36-118-22-44-0171 36-118-22-44-0172 36-118-22-44-0173 36-118-22-44-0174 36-118-22-44-0175 36-118-22-44-0176 36-118-22-44-0177 36-118-22-44-0178 36-118-22-44-0179 36-118-22-44-0180 36-118-22-44-0181 36-118-22-44-0182 36-118-22-44-0183 36-118-22-44-0184 36-118-22-44-0185 36-118-22-44-0186 36-118-22-44-0187 36-118-22-44-0188 36-118-22-44-0189 36-118-22-44-0190 36-118-22-44-0191 36-118-22-44-0192 36-118-22-44-0193 36-118-22-44-0194 36-118-22-44-0195 36-118-22-44-0196 36-118-22-44-0197 36-118-22-44-0198 Owner 1 CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP CREEKSIDE APARTMENT HOMES LLP Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Owner 2 ress 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 ST LOUIS PARK, MN 55416 Status: Final 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 32.37 Final Assessment 5 Year Term 2010 Mill and Overlay Project City Project No. 10005 Status: Final Property ID Owner 1 Owner 2 Address ICity Amount 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 32.38 36-118-22-44-0204 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0205 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0206 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0207 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0208 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0209 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0210 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0211 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0212 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0213 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0214 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0215 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 36-118-22-44-0216 CREEKSIDE APARTMENT HOMES LLP 5402 PARKDALE DR # 200 ST LOUIS PARK, MN 55416 32.38 X46,9 70.Zl Page 14 Final Assessment 10 Year Term 2010 Mill Overlay Project City Project No. 10005 Status: Final Property ID Owner 1 Owner 2 Address City Amount 24-118-22-21-0001 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 6,503.84 36-118-22-42-0011 Countryside Investment Property 410 Idaho Ave N Mpls, MN 55427 8,314.19 36-118-22-43-0016 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 8,513.10 36-118-22-43-0020 Willow Grove Investors, LLC Willow Grove Shopping Center 8 Nathan Ln N Plymouth, MN 55441 6,391.45 29,722.58 Pagge 15 O:\Engineering\PROJECTS\2010-2019\10005\Asmts\Final_10Yr_Asmtwksht `10005.x1sx Final Assessment 15 Year Term 2010 Mill Overlay Project City Project No. 10005 Status: Final Property ID I Owner 1 Owner 2 1 Address I city Amount 24-118-22-11-0042 IRobinsdale Area Schools, ISD # 281 14148 Winnetka Ave N New Hope, MN 55427 $13,319.29 13.319.29 Page 16 O:\Engineering\PROJECTS\2010-2019\10005\Asmts\Final_15Yr_Asmtwksht_10005.xlsx CITY OF PLYMOUTH RESOLUTION N0. 2010 - ADOPTING ASSESSMENTS 2010 MILL AND OVERLAY PROJECT ASSESSMENTS UP TO $5,000 CITY PROJECT N0. 10005 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 36th Avenue (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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear the interest rate of 2.57% per annum for a 5 year assessment period from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 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 of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time there after, pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made by November 26 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the resolution, make a partial payment of a least $100 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the Page 17 remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $46,128.21 Approved this 26th day of October, 2010 Page 18 CITY OF PLYMOUTH RESOLUTION N0. 2010 - ADOPTING ASSESSMENTS 2010 MILL AND OVERLAY PROJECT ASSESSMENTS FROM $5,001-$10,000 CITY PROJECT N0. 10005 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 36th Avenue (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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear the interest rate of 3.69% per annum for a 10 year assessment period from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 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 of Plymouth Finance Department except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time there after, pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made by November 26 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the resolution, make a partial payment of a least $100 Page 19 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $29,722.58 Approved this 26th day of October, 2010 Page 20 CITY OF PLYMOUTH RESOLUTION N0. 2010 - ADOPTING ASSESSMENTS 2010 MILL AND OVERLAY PROJECT ASSESSMENTS UP TO $10,001 AND HIGHER CITY PROJECT N0. 10005 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 36th Avenue (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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2011, and shall bear the interest rate of 4.29% per annum for a 15 year assessment period from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 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 of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time there after, pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made by November 26 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the Page 21 resolution, make a partial payment of a least $100 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $13,319.29. Approved this 26th day of October, 2010 Page 22 rp) City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING October 26, 2010 To: Prepared by: Reviewed by: Item: 1. ACTION REQUESTED: N/A 2. BACKGROUND: Agenda Number: Laurie Ahrens, City Manager Doran Cote, P.E., Director of Public Works 9.1 Utility Location Markings — One Call Excavations As requested by the City Council, this memorandum is intended to provide some background on the use of paint to mark utilities located in the public right of way. The requirement to locate utilities prior to excavation is established by the Minnesota Legislature in Chapter 216D. There are about 11,000 utility location request tickets generated annually in the City of Plymouth. Utility Maintenance locates City utilities (water, sewer, storm sewer, fiber optic cable and irrigation) on between 2,600 and 3,000 of these tickets. According to Chapter 216D, after receiving a Gopher State One Call (GSOC) locate ticket for an excavation, facility operators must locate underground facilities prior to the legal excavation start date and time on the ticket, unless otherwise agreed or in the case of an on-site meet. GSOC will issue the start time requested by the excavator as long as the time requested allows the facility operator at least two full business days (excluding weekends and holidays) to do the following: Physically locate and mark the horizontal location of underground facilities within the excavation site according to the American Public Works Association (APWA) color codes as shown below; or APWA COLOR CODE CHART -- FOR MARKING UNDERGROUND UTILITY LIMES DWHITE - PROPOSED EXCAVATION PINK-TEMPORARYSURVEYMARKINGS RED - ELECTRIC POWER LINES., CABLES, CONDUIT AND LIGHTING CABLES D YELLOW GAS, OIL, STEAM, PETROLEUM OR GASEOUS MATERIALS ORANGE - COMMUNICATION, ALARM OR SIGNAL LINES, CABLE OR CONDUIT BLUE -POTABLE WATER PURPLE - RECLAIMED WATER, IRRIGATION AMD SLURRY LINES GREEN-SEWERAND DRAIN LINES Page 1 If the underground facilities at the excavation site cannot be located prior to the legal start date, contact the excavator to arrange a new locate due date and time that is mutually agreeable and will not unreasonably delay the excavator's work. Emergency excavation tickets are given top priority. Facility operators must mark facilities within the emergency excavation area as soon as practical. If excavation, demolition or weather conditions change the locate marks and they are believed to be obliterated, obscured, missing or incorrect, the excavator must notify the facility operator. The GSOC notification center may be re -contacted to have the facility operator verify, refresh, or remark the locate. It is important that all facilities be marked prior to digging. Chapter 216D also states that if the excavation does not occur within 96 hours of the legal excavation start date, a new GSOC ticket must be generated and the facility operators must again locate the underground facilities. This happens frequently and often results in multiple markings of the same location. In accordance with Chapter 216D, underground facility locations that are marked are valid for six months provided work continues on the excavation. Accordingly, the method of marking for most facility operators is one that will last for up to six months. The City utilizes Survey Marking Paint to locate our underground public facilities (sewer, water, storm sewer and fiber optic cable). According to the label on the can, the paint is "formulated with superior quality raw materials to provide a mark that meets the requirements the most demanding professional. Regular colors will last up to 6 months, depending on traffic and exposure." Markings in less travelled areas (trails, curblines, cul-de-sacs) can sometimes last for up to a year or until the snow season when the abrasive action of snow plowing obscures or obliterates them. The City does not regulate the type or method of locating or marking of private utilities. Most facility operators use similar methods and materials and all follow the guidelines for uniform temporary markings of underground facilities as approved by the Common Ground Alliance when marking the horizontal route of any underground facility. Some operators and locating contractors may use more permanent markings when locating facilities such as fiber optic cable or other utilities outside of the right-of-way. 3. BUDGET IMPACT: N/A. 4. ATTACHMENTS: Resident email Page 2 Doran Cote From: Ginny Black Sent: Wednesday, October 13, 2010 8:42 PM To: Doran Cote Subject: FW: Gopher State One Call Locate Memo See Mr. Klobuchar's e-mail below. 9 From: Rich Klobuchar [rklobuchar@usinternet.com] Sent: Monday, October 11, 2010 8:00 PM To: Ginny Black Subject: RE: Gopher State One Call Locate Memo Ginny, Thank you for the memo. I agree with you about it not being of too much help. What to do next? Ask staff to make a list of 10 projects that were completed at least one year ago, snap pictures at the locations, and report to the council on the whether paint is still visible. Ask staff to send an email/letter to all city departments that are responsible for paint markings and outside contractors that do that type of work letting them know about the paint concerns and ask them for their response. Ask all council members to be on the lookout for situations that need correction. I will also be observing. See what happens. Hope for the best. Rich From: Ginny Black [maiIto: GBlack@plymouthmn.govl Sent: Thursday, October 07, 2010 4:26 PM To: Rich Klobuchar Subject: FW: Gopher State One Call Locate Memo Richard, Attached is the staff memo on utility paint. 9 Page 3 i Hennepin Hennepin County Transportation Department 1600 Prairie Drive Medina,MN 55340-5421 October 19, 2010 Ms. Laurie Ahrens City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Re; CSAH 101 Reconstruction CP 9516 Dear Ms. Ahrens: 612-596-0300, Phone 763-478-4000, FAX 763-4 78-4030, TDD www.hennepin.us Thank you for your Ietter of October 8, 2010 regarding the Iocal traffic impacts resulting from the reconstruction of CSAH 101 between CSAR 6 and CSAH 24 in Plymouth. I am writing to inform you that this roadway will be reopened to traffic, and the detour removed, before the end of this month. Hennepin County greatly appreciates the continued patience afforded by the city and the residents of Plymouth throughout the duration of this project. While the good news is that the road will be reopened within two weeks, please understand that the project will not be complete. Yet this fall, the trails and turf establishment work behind the curbs will be completed. In the spring of 2011 the final layer of blacktop will be placed on the roadway, and the landscaping elements will be installed. All of the remaining work will be completed while the road remains open, but will necessitate the use of temporary lane restrictions. There will however be at least one lane open in each direction at all times on CSAH 101 throughout the completion of the project. We too are eager to see this much needed project completed. 1 trust that when it is completed the city and the residents will recognize the benefits of the safety improvements that have been accomplished with this reconstruction. Please accept my thanks on behalf of Hennepin County for the City of Plymoutb's partnership on this major undertaking and disruption. Sincerely, James N. Grube, P.E. Director, Transportation Department and County Engineer c: Don Shafer — Project Engineer File 101/951.6 Page 1 An Eqtial Opportunity Employer Recycled Paper