HomeMy WebLinkAboutCity Council Packet 03-09-2010.pdfCITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
MARCH 9, 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 allotted for the Forum. If the full
15 minutes are not needed for the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
4.01 Recognition of Councilmember Ginny Black for Service to Environmental
Quality Control Commission (Councilmember Tim Bildsoe)
4.02 Announcement of 2010 Census (Administrative Services Director Cal Portner)
4.02.1 Adopt Resolution in support of U.S. Census 2010 (Res2010-054)
4.03 Announcement of Plymouth Library Ribbon Cutting (Mayor Kelli Slavik)
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember or
citizen so requests, in which event the item will be removed from the Consent Agenda and placed
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2010-055)
Items require 6/7 vote of the Council
Regular Council Meeting 1 of 3 March 9, 2010
6.03 Adopt Summary Publication of Ordinance No's. 2010-01 and 2010-02 (annual
Zoning Ordinance and City Code update) (Tabled from February 23)
Res2010-056)
6.04 Approve amendments to the Development Contract for "Larkin Pond."
Landmark Development of W LLC. (2005078F)
6.05 Accept donation of treadmill for the Fire Department (Res2010-057)
6.06 Adopt amendment to Resolution No. 2009-271 regarding the starting time for
the August 10 Regular Council Meeting (Res2010-058)
6.07 Update to the City of Plymouth Engineering Guidelines and Standard Detail
Specifications (Res2010-059)
6.08 Approve Plans and Specifications and Ordering Advertisement for Bids for
2010 Street Sweeping Program (100 16 — Res2010-060)
6.09 Approve 2010 Community Development Block Grant program year allocation
Res2010-061)
7. PUBLIC HEARINGS
X 7.1 Project hearing for 2010 Mill and Overlay Project, 36`
h
Avenue from Zachary
Lane to Highway 169 and Nathan Lane area south of Highway 55 (10005 —
Res2010-062)
8. GENERAL BUSINESS
8.1 2010 Street Reconstruction Project for Parkers Lake Corporate Center Area
10001 — Res2010-063) (Tabled from February 9)
8.2 South Shore Drive Rehabilitation Project (10002 — Res2010-064) (Carried over
from February 23 — motion on the table to approve)
9. REPORTS AND STAFF RECOMMENDATIONS
Items require 6/7 vote of the Council
Regular Council Meeting 2 of 3 March 9, 2010
9.1 Legislative Update
9.1.1 Adopt Resolution in support of Cable Television Community Access
Preservation Act (Res2010-065)
10. ADJOURNMENT
Items require 6/7 vote of the Council
Regular Council Meeting 3 of 3 March 9, 2010
rp)City of
PlymOubth
Adding Quaky to Life
REGULAR
COUNCIL MEETING
March 9, 2010
Agenda 4.02Number:
To: Laurie Ahrens, City Manager
Prepared by: Helen LaFave, Communications Manager
Reviewed by: Cal Portner, Administrative Services Director
Item: Adopt the Resolution Supporting U.S. Census 2010
1. ACTION REQUESTED:
Adopt the attached resolution supporting the U.S. Census 2010.
2. BACKGROUND:
More than 130 million addresses nationally will receive a 2010 Census form this month in the
mail. Data collected from the census will determine how more than $400 billion in federal
funding is distributed to states and local communities. Census data are used to reapportion seats
in the U.S. House of Representatives and for the subsequent redistricting of state and local
governments.
The attached resolution encourages Plymouth residents to return the census form to ensure that
both Plymouth and the state of Minnesota are fully and accurately counted.
3. BUDGET IMPACT:
None
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ENCOURAGING ALL PLYMOUTH RESIDENTS
TO ANSWER U.S. CENSUS 2010
WHEREAS, Census 2010 is required by the U.S. Constitution, Article 3, Section 2, to
apportion the 435 members of the House of Representatives in the United States Congress; and
WHEREAS, a complete count is critical to the State of Minnesota retaining its current
eight congressional districts; and
WHEREAS, the Brookings Institution estimated that in FY 2007, $388 billion in federal
funding was allocated in whole or in part based on decennial census data; and
WHEREAS, a national media campaign is underway to raise awareness and encourage
the public to mail back the census questionnaire; and
WHEREAS, Census 2010 data will be widely used by public agencies, non -profits,
community-based organizations and the private sector for marketing, operations, and planning;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it encourages all residents to
participate in Census 2010 by promptly completing and returning their census forms.
ADOPTED by the City Council on March, 9, 2010.
Page 2
6.01
Proposed Minutes
Special Council Meeting
February 23, 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 February 23, 2010.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Stein, Willis, and Bildsoe
5:45 p.m.).
ABSENT: Councilmembers Johnson and Black.
STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, Community Development
Director Juetten, Public Works Director Cote, Fire Chief Kline, Finance Manager Bursheim,
Recreation Superintendent Evans, and City Clerk Engdahl.
Review City Fees
Staff discussed with Council the report that they received on the fees that the City charges for
various services. The Council requested staff to look at the following areas:
1. Building fee structure in how development costs are allocated. It was noted that some
cities receive fees up front by the developer versus receiving them through the tenants.
2. Continue reviewing a tiered fee structure for street lighting.
3. Proposing a $500 fee for a dangerous dog license. Check with other communities to
make sure fee is in line and inquire whether neighbors are notified.
4. Increasing fees for tobacco licenses.
5. Increasing fees for refuse hauler licenses.
6. Increasing license and investigation fees for massage therapists and massage centers.
7. Increasing fee for pawnbroker license to $10,000.
8. Increasing fee for peddlers license. Fee could be per week.
9. Reviewing an escrow account for developments and how that type of system would
compare to other cities
10. Reviewing Tax Increment Financing application fee.
Set Future Study Sessions
This item would be placed on this evening's regular Council meeting agenda.
Proposed Minutes 1 of 2 Special Meeting of February 23, 2010
Page 1
Adjournment
Mayor Slavik adjourned the meeting at 6:58 p.m.
Sandra R. Engdahl, City Clerk
Proposed Minutes 2 of 2 Special Meeting of February 23, 2010
Page 2
Proposed Minutes
Regular Council Meeting
February 23, 2010
Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:06 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 23, 2010.
COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Murdock, Willis, and Stein.
ABSENT: Councilmembers Black and Johnson.
STAFF PRESENT: City Manager Ahrens, City Attorney Poehler, Recreation Superintendent
Evans, Community Development Director Juetten, Fire Chief Kline, Police Chief Goldstein,
Public Works Director Cote, Senior Planner Drill, Assistant City Engineer Renneberg, and City
Clerk Engdahl.
Plymouth Forum
No one was present to address the Council.
Presentations and Public Information Announcements
There were no presentations and public information announcements.
Approval of Agenda
Mayor Slavik added setting future study sessions as item No. 8.3 under General Business.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to
approve the amended a egnda. With all members voting in favor motion carried.
Consent Agenda
Item No. 6.06 was removed and placed under General Business as item No. 8.4.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
the amended Consent Agenda that included the followingitems: tems:
6.01) Approval of Special and Regular Meeting minutes of February 9, 2010.
Proposed Minutes 1 of 6 Regular Meeting of February 23, 2010
Page 3
6.02) Resolution Approving Disbursements ending February 13, 2010 (Res2010-047).
6.03) Resolution Approving a Conditional Use Permit for Olympic Gymnastics Academy for
Property located at 3700 Annapolis Lane (2010005 — Res2010-048).
6.04) Resolution Requesting Payment No. 4 and Final for Timber Creek Improvements Project
8115 — Res2010-049).
6.05) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Stn Avenue Street Reconstruction Project (I0004Res2010-050).
6.06) (This item was removed and placed under General Business as item No. 8.4).
6.07) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
2010 Street Crack Repair Program (100 11 — Res2010-051).
6.08) Accept 2010 Parks and Recreation Advisory Commission Work Plan and 2009 Annual
Report.
With all members voting in favor motion carried.
Public Hearings
7.1) Project Hearing for South Shore Drive Rehabilitation Project (10002)
Mayor Slavik stated the Council would be conducting the public hearing this evening but no
official action would be taken as there are only five Councilmembers present this evening, and a
super majority vote would be required for approval of the project.
Assistant City Engineer Renneberg provided a report on the proposed project that is included in
the Capital Improvement Program for 2010. He stated that due to the City's moratorium, the
existing speed humps on South Shore Drive between the City of Medicine Lake and 13th Avenue
aren't proposed to be installed with the project at this time. However, he noted that some
residents have submitted a petition to construct the speed humps along with one additional speed
hump from the City of Medicine Lake. Construction for this project would begin in August and
be completed in October with the assessment hearing in October.
Councilmember Willis requested further clarification on the installation of a rain garden for this
project. Assistant City Engineer Renneberg stated the site staff has been reviewing would be City
owned property. That property has some elevation that would allow for the installation of a
retaining wall that allows it to appeal to the area. Once the project is in the design phase, the
actual size would be determined.
Proposed Minutes 2 of 6 Regular Meeting of February 23, 2010
Page 4
Councilmember Willis asked if there would be any fire hydrants installed in the loop section of
the watermain. Assistant City Engineer Renneberg replied one would be installed. He asked if
there is a direct benefit to the City of Medicine Lake in installing that fire hydrant.
Mayor Slavik opened the public hearing.
Bruce Larson, 2631/2 Peninsula Road, who also serves on the City of Medicine Lake City
Council, stated with respect to looping the water system, that's one of the lowest pressure areas.
He stated there is a benefit for the City of Plymouth to loop that system. It's a win/win for both
cities, and the City of Medicine Lake would have a fire hydrant. He stated he doesn't support the
installation of speed humps as that's not an appropriate way to regulate traffic. There are other
measures that could be put into place such as prohibiting trucks and installing signage. He stated
the City of Medicine Lake is very happy with the project, and he stated they would like to also
coordinate a trail connection.
Russ Andrews, 10508 South Shore Drive, stated there are a number of children that live within
six homes of theirs. They have found the speed humps to be most effective in limiting truck
traffic, safety, and speed of vehicles. Therefore, they support the installation of speed humps.
Damien Wolf, 10610 South Shore Drive, agreed with Mr. Andrews.
Roger Allen, 10865 South Shore Drive, thanked the City for opening up the neighborhood
discussion. He stated from l Oth
Avenue to the City of Medicine Lake he is concerned about the
speed once the roadway is improved. He asked if the speed of traffic could be monitored after
the road construction. He noted that he is very supportive of the sidewalk on the west side of the
roadway.
Joe Kenyon, 10218 South Shore Drive, requested the installation of speed humps. He stated he
is concerned about large trucks using the new bigger bridge as there would be heavier weight
limits, or would there be signage to prevent that.
Mayor Slavik declared the public hearing closed.
Mayor Slavik stated the City will monitor the speed of traffic after the completion of road
projects if requested by a resident.
Public Works Director Cote stated regarding prohibiting larger trucks on the new bridge, staff
hasn't contemplated prohibiting certain size weight, but rather looking from a design perspective,
designing 13th Avenue and South Shore Drive so it would make it difficult to navigate the turn.
There are also other options that staff is reviewing.
Mayor Slavik and Councilmembers Bildsoe, Willis, and Stein stated they would support the
installation of speed humps.
Proposed Minutes 3 of 6 Regular Meeting of February 23, 2010
Page 5
Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt a
Resolution Ordering Improvement and Preparation of Plans and Specifications for the South
Shore Drive Rehabilitation Project (Res2010-10002) with the addition of speed humps. Without
objection, the motion on the table was carried over to the March 9 Council meeting when a full
Council would be present.
General Business
8.1) Annual Zoning Ordinance and City Code Update and Summary Publication
Senior Planner Drill reported on the proposed amendments.
He noted that the summary publication resolution requires six votes so the Council could adopt
the ordinance amendments to the Zoning Ordinance and City Code and table the approval of that
resolution to the March 9 Council meeting.
Councilmember Bildsoe suggested adding "yard waste" to Subd. 4 of page 48 of the Zoning
Ordinance amendment.
A discussion was held on the directional signage for properties as it related to parade of homes
signage. No action was taken on this discussion.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt
an Ordinance Amending Chapter 21 of the Zoning Ordinance (2009052 — Ord2010-01),
Ordinance Amending Chapters 5, 7, 8, 10, and 20 of the Plymouth City Code (2009052 —
Ord2010-02), with the amendment to add "yard waste" to page 48 of the Ordinance amending the
Zoning Ordinance. With all members voting in favor, the motion carried.
The Council requested that the Resolution approving the summary publication of the above
ordinances be placed on the March 9 agenda.
8.2) Fire Relief Association Bylaw Changes
City Manager Ahrens reported on the proposed changes.
Kevin Worstein and Brent Hughes, President and Treasurer of Fire Relief Association
respectively, requested the Council's approval of the proposed amendments to the bylaws.
Councilmember Willis inquired about the insurance premium for the casualty insurance and
specifically, if it's a fixed amount. Mr. Worstein replied that the insurance is purchased in three
installments with the benefits in that insurance being fixed and unchangeable. However, they
can't predict if there will be a premium increase next time.
Proposed Minutes 4 of 6 Regular Meeting of February 23, 2010
Page 6
Councilmember Willis that 2% of the monies from the State have taken a hit. He asked if they
know how much the relief association needs to fund the pension relief system in place. Mr.
Worstein replied they don't know that yet. They have just finished the audit and receiving
financial information ready for that which will be mid year.
Councilmember Willis stated he's concerned that if there isn't sufficient funds, then the general
tax dollars will have to support those pensions.
Motion was made by Councilmember Bildsoe,and seconded by Councilmember Murdock, to
adopt a Resolution Approving Amendment to Bylaws for the Plymouth Fire Relief Association
Res2010-052). With all members voting in favor, the motion carried.
8.3) Set Future Study Sessions
Mayor Slavik stated Sheriff Stanek has requested to cancel the study session with the Council on
March 9 due to a previous commitment that evening. She suggested that she and two
Councilmembers schedule a meeting with Sheriff Stanek during the day to receive information of
a County facility that is being proposed at a Plymouth facility.
Councilmember Stein asked if the Council would be interested in reviewing paperless packets for
City Council packets. Mayor Slavik and Councilmember Willis stated they would support
adding it to the Study Session list. This item could come back to the Council in a report.
8.4) Plans and Specifications and Ordering Advertisement for Bid for 2010 Street Seal
Coat Program (10010)
Councilmember Bildsoe stated he hasn't been a big supporter of the seal coat program, and he
asked staff if they are confident that the bids will come in close to the engineer's estimate. Public
Works Director Cote replied yes.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt a
Resolution Approving Plans and Specifications and Ordering Advertisement for Bid for 2010
Street Seal Coat Program (10010 — Res2010-053). With all members voting in favor, the motion
carried.
Reports and Staff Recommendations
There were no reports and staff recommendations.
Adjournment
Mayor Slavik adjourned the meeting at 8:23 p.m.
Proposed Minutes 5 of 6 Regular Meeting of February 23, 2010
Page 7
Sandra R. Engdahl, City Clerk
Proposed Minutes 6 of 6 Regular Meeting of February 23, 2010
Page 8
City of
Plymouth
Adding Quality to Life
REGULAR
COUNCIL MEETING
March 9, 2010
Agenda 6.02Number:
To: Laurie Ahrens, City Manager
Prepared by: Deb Luesse, AP thru Jodi Bursheim, Finance Manager
Reviewed by: Calvin Portner, Director of Administrative Services
Item: Disbursements Ending February 26, 2010
1. ACTION REQUESTED:
Adopt the attached resolution to approve the disbursements for the period ending February 26,
2010.
2. BACKGROUND:
Attached is a list of city fund disbursements for the period ending February 26, 2010.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Check Registers
Resolution
Page 1
Invoice Expense Distribution for Period Ended 2.26.10/Council meeting 3.9.10
FUND 100 General Fund
200 Recreation Fund
210 Parker's Lake Cemetery Maint
220 Transit System Fund
204 Community Development Fund
205 Public Safety Grants
207 Economic Development Fund
208 Lawful Gambling
234 Economic Development Fund
250 Comm Dev Block Grant Fund
254 HRA Section 8 Fund
254 HAP Check Summary
258 HRA General Fund
301 2003D Open Space Refunding
302 2003B GO Street Reconstruction
305 2004A GO Public Safety
308 2005A TIF #1-1
400 General Capital Projects Fund
401 Minnesota State Aid Fund
405 Park Replacement Fund
406 Infrasturcture Replacement Fund
407 Project Administration Fund
408 Park Construction
409 Capital Improvement Fund
412 Utility Trunk Fund
413 Improvement Project Construction
414 Shenandoah Administration
416 Public Safety Expansion
851 HRA Senior Apt. Constr Fund
418 Utility Trunk System Expansion
420 Water Sewer Construction
421 Enterprise -Other Construction
998 TIF # 7-2 O.S. (Const)
998 TIF # 7-3 P.O.S. (Const)
422 TIF #7-4 P.T.P (Const)
423 TIF # 7-5 Rottlund (Const)
424 TIF #7-6 Continental (Const)
425 TIF Housing Assistance Program
426 TIF #7-7 Stonecreek ('Const)
427 TIF #7-8 Shops @ Plymouth Creek
428 TIF HRA Senior Apt. Constr. Fund
429 TIF HRA 1-3 Crossroads Station
430 CON -Open Spaces Series
500 Water Fund
510 Water Resources Fund
520 Sewer Fund
530 Solid Waste Management Fund
540 Ice Center Fund
550 Field House Fund
600 Central Equipment Fund
610 Public Facilities Fund
620 Information Technology Fund
630 Risk Management Fund
640 Employee Benefits Fund
650 Design Engineering
660 Resource Planning
850 Senior Housing Bond Trustee
Total Invoice Expense Distribution:
201,989.91
13,531.69
0.00
253,435.29
0.00
0.00
0.00
0.00
0.00
5,757.28
1,257.96
0.00
532.49
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
33.81
0.00
0.00
281.35
0.00
0.00
0.00
462,000.00
0.00
21,153.38
0.00
0.00
653.12
653.12
80,119.87
653.12
70,506.37
1,199.37
653.12
653.12
0.00
78,522.77
228.50
10,997.02
0.00
20,364.57
7,125.18
61,985.86
14,953.98
55,790.41
36,857.29
102,784.46
0.00
1,288.25
0.00
0.00
1, 505, 962.66
Page 2
PB2) City of
Plymouth
Check Payment Register
02/14/2010 to 02/26/2010
Check EFT Date Paid:02/16/2010 I C M A
Inv. 2010-00000015 02/16/2010 ICMA - ICMA Deferred Comp
Check EFT Date Paid:02/16/2010 ING
Inv. 2010-00000016 02/16/2010 ING - ING Deferred Comp
Check EFT Date Paid:02/16/2010 Selectaccount
Inv. 2010-00000025 02/16/2010 VEBA CONTR - VEBA Contribution*
Check 109654 Date Paid:02/19/2010 A&T Upholstery
Inv. 14724 01/27/2010 repair seat in # 585
Inv. 14732 01/29/2010 repair seat in # 582
Check 109655 Date Paid:02/19/2010 ABM Equipment & Supply, Inc.
Inv. 0123784IN 01/29/2010 Drive gears for camera
Check 109656 Date Paid:02/19/2010 Action Fleet Inc
Inv. 6428 02/08/2010 Unit 1008 New squad car setup
Inv. 7161 01/26/2010 Unit 104 Hole plug/labor
Inv. 7178 02/08/2010 Unit 1006 siren speaker repair
Check 109657 Date Paid:02/19/2010
Inv.0004116453 02/04/2010
Check 109658 Date Paid:02/19/2010
Inv.26782 01/29/2010
Check 109659 Date Paid:02/19/2010
Inv. 52406 01/31/2010
Check 109660 Date Paid:02/19/2010
Inv. SVCINV11079 01/28/2010
Inv. SYSINVO9193 01/13/2010
Check 109661 Date Paid:02/19/2010
Inv.3015289400 02/01/2010
Check 109662 Date Paid:02/19/2010
Inv. 76531 01/04/2010
Check 109663 Date Paid:02/19/2010
Inv.22471830 02/02/2010
Check 109664 Date Paid:02/19/2010
Inv.13813000 02/16/2010
Check 109665 Date Paid:02/19/2010
Inv. 20108101 02/16/2010
Check 109666 Date Paid:02/19/2010
Inv.100215 02/15/2010
Aerotek Inc
1.23.10 PW Temp help
All Star Sports Inc
12 Staff jackets/48pr laces for resale
Allina Occ Med
1.12/1.27.10 Drug testing/PD
Alpha Video Inc
Tested camera recommend replacement
Panasonic color camera,Iens
Anchor Paper
Envelopes for Bd & Com Invitations
Associated Financial Group
50% Vol Firemans ins/Fire Relief Assoc
ATOM
Molly Lynch 2.2.10"Defensive Tactics
Sylvia Bachiechi
4268 Magnolia Ln water refund
Michael Ballard
920 Queensland Ln water refund
Barton Sand & Gravel Co
2.3/2.4.10 470.29ton CL5 Recycle,W3/4
Check 109667 Date Paid:02/19/2010 Bertelson Total Office Solutions
Inv. W06017541 01/29/2010 2 -business envelopes
Inv. W06036331 02/10/2010 3 in 1 cash storage steel security
Page 1 of 15
Amount: $38,129.47
38,129.47
Amount: $5,529.90
5,529.90
Amount: $24,890.96
24,890.96
Amount: $328.44
151.72
176.72
Amount: $928.62
928.62
Amount: $4,693.72
4,220.88
261.38
211.46
Amount: 1,056.00
1,056.00
Amount: 1,066.00
1,066.00
Amount: 417.00
417.00
Amount: 369.80
140.00
229.80
Amount: 10.19
10.19
Amount: 3,466.50
3,466.50
Amount: 300.00
300.00
Amount: 27.90
27.90
Amount: 60.78
60.78
Amount: 6,541.74
6,541.74
Amount: $77.98
38.45
39.53
Page 3
2/25/2010
Check 109668 Date Paid:02/19/2010 Bethlehem Baptist Church
Inv. 100319 02/16/2010 3.19/3.20.10 chaplain Training
Inv. 100430 02/16/2010 4.30/5.1.10 Chaplain training
Check 109669 Date Paid:02/19/2010 Charles E Bidwell
Inv. 10657402 02/16/2010 6130 Cheshire Ln water refund
Check 109670 Date Paid:02/19/2010 Boyer Trucks
Inv. 79684R 02/01/2010 Handle
Check 109671 Date Paid:02/19/2010 Barbara & Edward B Braegelmann
Inv. 14153200 02/16/2010 11725 40th Ave N water refund
Check 109672 Date Paid:02/19/2010
Inv. 316863 01/28/2010
Check 109673 Date Paid:02/1912010
Inv.24206000 02/16/2010
Check 109674 Date Paid:02119/2010
Inv. RNP6370 01/27/2010
Inv. RNW2058 01/28/2010
Inv. RPL4752 01/29/2010
Inv. RPM4940 01/30/2010
Inv. RQR2466 02/04/2010
Braun Intertec Corp
Proj8104 thru 1.22.10
Marilyn A & Edward W Bright
3610 Zinnia Ln N water refund
CDW Government Inc
logear 2 port usb
HP 1 year Warranty - Terra - Quote SSK3369
2.1.10/1.31.11 Cisco Phone Syst Maint
Unified Communications S/W - Taxable at
20%
Unified Communications S/W - Taxable at
20%
Check 109675 Date Paid:02/19/2010 CenterPoint Energy
Inv. 602784620110 01/26/2010 12.18/1.21.10 CWP So
Check 109676 Date Paid:02/19/2010
Inv.22605700020110 02/01/2010
Inv.22696700020110 02/01/2010
Inv.22697400020110 02/01/2010
Inv.22700900020110 02/01/2010
Inv.22701600020110 02/01/2010
Inv. 22704400020110 02/01/2010
Inv.22706500020110 02/01/2010
Inv.22814300020110 02/01/2010
Inv.22815000020110 02/01/2010
Inv.22815700020110 02/01/2010
Inv.22851400020110 02/01/2010
Inv. 22940300020110 02/01/2010
Inv. 22962700020110 02/01/2010
Inv.23006800020110 02/01/2010
Inv. 23007500020110 02/01/2010
Inv.23023600020110 02/01/2010
Inv. 23099900020110 02/01/2010
Inv.23115300020110 02/01/2010
Inv.23356100020110 02/01/2010
Inv.23386200020110 02/01/2010
Inv.23776100020110 02/01/2010
Inv.24173447020110 02/01/2010
Inv.24230322020110 02/01/2010
Page 1 of 15
City of Plymouth/Sewer & Water
FS 1
Historical Society
Plym Creek Park
Oakwood Park
Lacompte Park
Plym Jr Hi Plyfld
E Med Lake
City Center
Public Works
FS 2
Zachary Park
Pavilion
FS 3
Parkers Playfield
Bass Lake Playfield
Public Safety
Ice Arena
Ice Arena/Irrig
Plymouth Creek
Elm Creek Playfield
Hilde Center
Transit 73 station
Ridgemount Park
Amount: $150.00
70.00
80.00
Amount: $27.14
27.14
Amount: $275.92
275.92
Amount: $36.67
36.67
Amount: $217.00
217.00
Amount: $51.52
51.52
Amount: $24,208.78
46.11
1,249.00
17,747.60
2,483.69
2,682.38
Amount: $865.09
865.09
Amount: $5,831.15
111.87
8.32
245.20
133.48
197.79
233.89
47.81
430.94
663.33
155.10
146.08
47.81
161.83
132.64
136.00
370.17
1,587.93
127.96
606.06
202.81
7.89
72.81
3.43
Page 4
2/25/2010
Check 109677 Date Paid:02/19/2010 Comcast
Inv. 100201 02/01/2010 Feb'10 Public Wireless line
Check 109678 Date Paid:02/19/2010 Crown Marking Inc
Inv. 0201280IN 01/26/2010 16 -Notary stamps @ 21.95 ea
Check 109679 Date Paid:02/19/2010 Dakota County Historical Society
Inv. 100521 02/04/2010 5.21.10 Deposit LeDuc Historic Estate
Check 109680 Date Paid:02/19/2010 Dalco
Inv. 2176102 01/26/2010 PCC-4cs toilet tissue/15cs hand towels
Check 109681 Date Paid:02/19/2010
Inv.01576057 02/01/2010
Check 109682 Date Paid:02/19/2010
Inv.INV36013 01/26/2010
Check 109683 Date Paid:02/19/2010
Inv. 100131A 01/31/2010
Check 109684 Date Paid:02119/2010
Inv. 13272601 02/01/2010
Inv.13272849 01/26/2010
Inv.13275198 01/28/2010
Inv.61198405 01/06/2010
Inv. 6120021 01/14/2010
Inv.70000912 01/25/2010
Inv.70000916 01/25/2010
Inv.70001057 01/26/2010
Inv.70001194 01/28/2010
Check 109685 Date Paid:02/19/2010
Inv.24211040 02/16/2010
Check 109686 Date Paid:02/19/2010
Inv. 10725301 02/16/2010
Discount Steel Inc
Tubing,HR Angle,HR flat/for sander rack
DTS/Document Tech Solutions
Waste toner bottle mx
eQuality Pathways to Potential
Jan'10 IC Janitorial
Factory Motor Parts Co
Splash 55 drum
Perf blade/perf wiper blad
Splash 55 drum
Strt rem
Return Strtr rem #61198405
Oil filter/super duty pads
2 -Rotor rr brk
Perf blade/beam w/spoiler
Pad set/air filt
Shubika & Domnic D Fernandez
13755 54th Ave N water refund
Carol Freeman
13200 56th Ave N water refund
Check 109687 Date Paid:02/19/2010 G & K Service Inc
Inv. 1006215291 01/25/2010 1.25.10 Rug service
Inv. 1006224606 01/29/2010 Public Works Uniform Rental
Check 109688 Date Paid:02/19/2010
Inv. 68013 01/25/2010
Check 109689 Date Paid:02/19/2010
Inv. 9167343772 01/25/2010
Inv. 9167343780 01/25/2010
Inv.9167343798 01/25/2010
Inv.9167343805 01/25/2010
Inv. 9168049287 01/26/2010
Inv. 9169973741 01/28/2010
Inv. 9169973758 01/28/2010
Inv. 9170535000 01/28/2010
Inv. 9170535018 01/28/2010
Inv.9171313704 01/29/2010
Inv. 9173013542 02/01/2010
Inv.9173545303 02/02/2010
Grafix Shoppe
Unit 1006 striping left side
Grainger
3 -lamps
Patch panel wall mount
Pry bar/gooseneck wrecking bar/pry bar set
5 -Thermostat guard/wire stripper/2-elctrc tape
FS 1-2-3
Marking wand
Thermostat guard
Thermostat guard return #9169973741
V belt 41 in
Medic hand
Boot size 13
Truck brush/hardwood handle
15 -Lamp
Amount: 59.95
59.95
Amount: 375.35
375.35
Amount: 25.00
25.00
Amount: 1,033.71
1,033.71
Amount: 493.72
493.72
Amount: 46.85
46.85
Amount: 128.25
128.25
Amount: $385.87
110.12
62.84
15.00)
284.90
334.40)
81.25
104.42
37.74
54.00
Amount: $35.02
35.02
Amount: $56.90
56.90
Amount: $418.62
81.66
336.96
Amount: $176.34
176.34
Amount: $850.16
30.68
270.54
111.08
117.46
54.01
60.32
13.73)
31.31
9.02
28.66
103.20
47.61
Page 5
Page 1 of 15 2/25/2010
Check 109690 Date Paid:02/19/2010
Inv.0059650IN 01/31/2010
Inv. 02025331 N 01/31/2010
Check 109691 Date Paid:02/19/2010
Inv. 201 01/28/2010
Check 109692 Date Paid:02/19/2010
Inv. 20018041 01/31/2010
Inv. 2100162182 01/31/2010
Check 109693 Date Paid:02119/2010
Inv. 100131 01/31/2010
HAB Inc
Sales tax on inv 0202533IN
Encompass module Plym HRA
Henn Co Treasurer/Parkers Lk Golf Ctr
2009 Water usage Community Gardens
Hennepin Co Info Tech Dept
Jan'10 Fire Radio Lease
Jan'10 Frame Relay/Network support
Hennepin County Treasurer
Jan'10 3.93ton Waste hauling
Check 109694 Date Paid:02/19/2010 Hillyard Inc - Minneapolis
Inv. 6184592 01/27/2010 Filter exhaust/filter motor/micro sensor/liner
Inv. 6188707 01/29/2010 2cs Liner
Check 109695 Date Paid:02/19/2010
Inv.18829900 02/16/2010
Check 109696 Date Paid:02/19/2010
Inv.045630 01/25/2010
Check 109697 Date Paid:02/19/2010
Inv.40074 01/04/2010
Check 109698 Date Paid:02119/2010
Inv. 425953501 01/28/2010
Check 109699 Date Paid:02/19/2010
Inv.24125699 02/16/2010
Check 109700 Date Paid:02/19/2010
Inv.24170084 02/16/2010
Check 109701 Date Paid:02/19/2010
Inv. 17978 01/26/2010
Check 109702 Date Paid:02/19/2010
Inv.11071055 02/03/2010
Check 109703 Date Paid:02/19/2010
Inv. 00049067002 01/31/2010
Check 109704 Date Paid:02119/2010
Inv.24161349 02/16/2010
Check 109705 Date Paid:02/19/2010
Inv.24199162 02/16/2010
Check 109706 Date Paid:02/1912010
Inv. 118025 12/07/2009
Inv. 118042 12/07/2009
Inv. 118056 12/08/2009
Inv. 118708 12/29/2009
Inv. 119537 01/26/2010
Marjorie Hoist
14465 19th Ave N water refund
Hopkins Parts Co.
Jan10 Equipment Repair
Ice Skating Institute
2010 Ice Arena Membership
J H Larson Electrical Co
60-syl eco 32w
Kurt Jarrett
5555 Quinwood Ln water refund
Henry Kerandi
4800 Quinwood Ln water refund
Kris Engineering Inc
Var carbide inserts snow plow edges
League of MN Cities Ins Trust
Claim 2009.37 City truck damage repairs
Liesch Associates Inc
Proj10007 Jan'10
Jesse Litwak
16243 50th Ave N water refund
Nancy L Marshall
810 Trenton Ln water refund
Matrix Laser Care Inc
Hp lj4000
Return hp lj4000 inv#117552
3 -hp black inkjet ctg
Epson stylus blk in ctg
Toner
Check 109707 Date Paid:02/19/2010 Metro Fire
Inv. 35827 09/14/2009 Vehicular Charger,see Cr 36015
Inv. 36015 09/24/2009 Cr inv35827/vehicular charger,Orion
Inv. 36864 01/14/2010 Fitting nipple
Page 1 of 15
Amount: $561.09
36.09
525.00
Amount: $700.00
700.00
Amount: $3,690.30
3,514.79
175.51
Amount: $183.92
183.92
Amount: $303.68
253.69
49.99
Amount: $130.32
130.32
Amount: $4.32
4.32
Amount: $350.00
350.00
Amount: $79.52
79.52
Amount: $25.17
25.17
Amount: $307.95
307.95
Amount: $7,365.07
7,365.07
Amount: $4,004.14
4,004.14
Amount: $1,308.31
1,308.31
Amount: $50.03
50.03
Amount: $40.80
40.80
Amount: $1,040.97
127.18
339.86)
70.54
21.38
1,161.73
Amount: $60.38
288.88
288.88)
60.38
Page 6
2/25/2010
Check 109708 Date Paid:02/19/2010 Minnesota AWWA Amount: $175.00
Inv. 100406 02/16/2010 Bechtold 4.6/4.8.10 water school $175.00
Check 109709 Date Paid: 02/19/2010 Minnesota Recreation & Park Assoc/MRPA Amount: $180.00
Inv. 6518 02/05/2010 Mass/Peterson annual gnrl meeting registr 60.00
Inv. 6525 02/05/2010 Evans, Blank, Michaud,Anderson annual 120.00
Inv. NC52010 02/10/2010
meeting registr
Inv. 506553406001
Check 109710 Date Paid:02/19/2010 Mint Cards Inc Amount: $209.75
Inv. 06294 01/27/2010 2,500 K-9 Trading Cards Gliniany 209.75
Check 109711 Date Paid:02/19/2010
Inv. F6CS405609 02/16/2010
Check 109712 Date Paid: 02/19/2010
Inv.100203 02/03/2010
Inv. 3305P 02/12/2010
Inv. NC32010 01/11/2010
Inv. NC42010 01/26/2010
Inv. NC52010 02/10/2010
Morrie's Parts & Service
SAfety restraints #1001
Robert Nesbitt
2.3.10 Mileage/lunch Duluth
2.1/2.12.10 GRT00330 MNJAC
Land'sEnd 4 shirts
Uline/100 boxes
Staples DVD/CD duplicator
Check 109713 Date Paid:02/19/2010 North American Salt Co
Inv. 70470727 01/26/2010 1.26.10 349.27ton Road salt
Inv. 70472404 01/28/2010 1.28.10 218.92ton Road salt
Inv. 7047257 01/29/2010 1.29.10 27.26ton Road Salt
Check 109714 Date Paid:02/1912010
Inv. 140099 01/25/2010
Inv. 140128 01/26/2010
Inv. 140149 01/27/2010
Inv.140222 01/29/2010
Check 109715 Date Paid:02/19/2010
Inv. S01233590001 01/04/2010
Northern Sanitary Supply Co
PCC 2 -battery 12volt
PM -12 -air freshnrs/4-bowl swab/12-urinal
screen
PM -1 cs tissue/1 cs towels
3-Handsoap
Northern Water Works Supply
40M2 ufr mt str ncv aym
Amount: $125.00
125.00
Amount: $3,041.33
167.92
2,318.00
97.92
30.00
427.49
Amount: $40,970.65
24,031.93
15,063.06
1,875.66
Amount: $805.68
422.16
114.78
121.09
147.65
Amount: $150.44
150.44
Check 109716 Date Paid: 02/19/2010 Office Depot Amount: $577.84
Inv. 506377840001 01/26/2010 Paper clips/pens/AA batteries 11.21
Inv. 506534322001 01/27/2010 File folder/Itr box 42.18
Inv. 506553406001 01/27/2010 Bubble mailer/lead/note pad/correction tape/nte 16.78
pad
Inv. 506568854001 01/27/2010 File folders/post it notes 19.52
Inv. 506678133001 01/27/2010 Jewel case/pen/file jacket 48.62
Inv. 506779440001 01/28/2010 Lit holder 11.47
Inv. 506972855001 01/29/2010 Astrobirghts paper/univr calculator spool 25.00
Inv. 506985596001 01/29/2010 Strg carton/letter folder 27.80
Inv. 506994459001 01/29/2010 Retractable pen/paper clip 24.41
Inv. 506994793001 01/29/2010 Standard staples 0.51
Inv. 507077051001 01/29/2010 Hng folder 30.57
Inv. 507194687001 02/01/2010 12-Lettter/legal tote 204.43
Inv. 507237507001 02/01/2010 Bulletin board/pert pad 65.97
Inv. 507385799001 02/02/2010 Notary book/post it note 40.31
Inv. 507419795001 02/02/2010 Note pad- p/s reinforcement 9.06
Check 109717 Date Paid:02/19/2010 Oil -Air Products LLC Amount: $436.92
Inv. 460813003 01/25/2010 5 -Nipple fsta 15.28
Inv. 460813004 01/25/2010 100-8m2t gata 421.64
Page 7
Page 1 of 15 2/25/2010
Check 109718 Date Paid:02/19/2010 On Site Sanitation Amount: $244.94
Inv. A384826 02/08/2010 Fire & Ice - Parkers Lake Beach Playground 157.11
Inv. A385501 02/05/2010 Fire & Ice Dog Park/Eagan Park 26.91
Inv. A385502 02/05/2010 Fire & Ice - Parkers Lake Beach 50.23
Inv. A385516 02/05/2010 Fire & Ice - Party Potty 10.69
Check 109719 Date Paid:02/19/2010 OnTrac
Inv. 8397602 01/31/2010 1.25.10 Attorney delivery
Check 109720 Date Paid:02/19/2010 Owens Companies Inc
Inv. 32904 01/26/2010 FS3 Boiler #2 repairs
Inv. 33035 01/31/2010 PW make up air units tripped on freezestat
Amount: $19.25
19.25
Amount: $1,267.05
487.82
779.23
Check 109721 Date Paid: 02/19/2010 Phasor Electric Company Amount: 572.50
Inv. 038630 01/27/2010 PCC - replaced cord and receptacle 572.50
02/02/2010
Check 109722 Date Paid:02/19/2010 Printers Service Inc Amount: 108.00
Inv. 245678 01/27/2010 6-77" ice knife sharp 108.00
Check 109723 Date Paid:02/1912010 Radio Shack Amount: 26.71
Inv. 294985 01/28/2010 Auvio 6's -video cable 26.71
Check 109724 Date Paid:02/19/2010 SafeAssure Consultants Inc Amount: 8,465.00
Inv. 248 01/01/2010 2010 Safety consultant fees 8,465.00
Check 109725 Date Paid:02/19/2010 Short -Elliott -Hendrickson Amount: 14,592.28
Inv. 223567 09/30/2009 Sep09 Claim 2008.03 ZWP hail damage 9,310.50
Inv. 224488 10/31/2009 Oct09 Claim 2008.03 ZWP hail damage 2,641.53
Inv. 226276 11/30/2009 Nov09 Claim 2008.03 ZWP hail damage 240.50
Inv. 227095 12/31/2009 Dec09 Claim 2008.03 ZWP hail damage 2,399.75
Check 109726 Date Paid:02/19/2010
Inv.99953 01/26/2010
Check 109727 Date Paid:02/19/2010
Inv.56483 02/01/2010
Check 109728 Date Paid:02/19/2010
Inv. VF 11874 02/01/2010
Check 109729 Date Paid:02/19/2010
Inv. 0058321 11/18/2009
Check 109730 Date Paid:02/19/2010
Inv. MN527591 02/01/2010
Check 109731 Date Paid:02/19/2010
Inv. 1707330 01/28/2010
Inv. 1707834 01/29/2010
Inv. 1707956 01/29/2010
Inv. 1708323 02/01/2010
Inv. 1708896 02/02/2010
Inv. 1709712 02/05/2010
Check 109732 Date Paid:02/19/2010
Inv. 1229321 01/21/2010
Inv.1232046 02/04/2010
Inv.1232047 02/04/2010
Inv.1232048 02/04/2010
Inv.1232049 02/04/2010
Siwek Lumber & Millwork Inc Amount: $120.77
rough lumber for top of new trench box # 3029 $120.77
SourceOne Graphics Inc
2 -Chamber signs
St Joseph Equipment Inc
Ignition switch (VF11874
St Paul Linoleum & Carpet Co
Cashier's Office carpet rmv/rplc
Stanley Security Solutions Inc
Lock replacement & installation
Streicher's Inc
Tactical outer carrier
Tactical outer carrier
Belt/trouser
Pants
Pants/shirt
Safariland Vest/Kevin Wilson
Sun Newspapers/Notices
CDBG Block grant
Proj 10001 NOPH
Budget Summary Table 1
Budget table 2
File 2010005
Amount: $74.37
74.37
Amount: $399.54
399.54
Amount: $1,044.00
1,044.00
Amount: $1,403.35
1,403.35
Amount: $1,548.92
139.99
139.99
80.98
74.99
112.98
999.99
Amount: $414.70
35.75
64.35
121.55
150.15
42.90
Page 8
Page 1 of 15 2/25/2010
Check 109733 Date Paid:02/19/2010 Taho Sportswear Amount: $315.20
Inv. 10TF0029 01/25/2010 Basketball league 80 t shirts $315.20
Check 109734 Date Paid:02/19/2010
Inv. 294983 01/26/2010
Inv.294984 01/26/2010
Inv.294985 01/26/2010
Inv.295547 01/29/2010
Inv. 496646 01/31/2010
Check 109735 Date Paid: 02/19/2010
Inv. 100211 02/11/2010
Toll Company
We6347-3 nipple
Reg hp/250psi
Propane fuel @ 20.93
Propane fuel @ 20.93
Propane & Propylene @ .329
Ultimate Martial Arts Inc
Feb'10 Tae Kwon Do,Little Tiger
Check 109736 Date Paid:02119/2010 Uniforms Unlimited Inc.
Inv. 20804 01/28/2010 D Anderson Ballistic Ivl II vest
Check 109737 Date Paid:02/19/2010 Valspar Paint
Inv. 002904038 01/25/2010 Canvas runner/softip brush/white gloss/pro
mask 29
Check 109738 Date Paid:02/19/2010 Village Chevrolet Co.
Inv.197825 01/26/2010 Cap
Inv. 198148 02/02/2010 Shaft #411
Inv. 198150 02/01/2010 Extension #411
Check 109739 Date Paid:02/19/2010 Vision Internet Providers Inc
Inv. 17035 01/28/2010 #2 City Homepage design comp
Inv. 17040 02/03/2010 #1 City Webpage design
Check 109740 Date Paid:02/19/2010
Inv. 781834 01/28/2010
Check 109741 Date Paid:02119/2010
Inv. 1000086 01/31/2010
Check 109742 Date Paid:02/19/2010
Inv.100203 02/03/2010
Check 109743 Date Paid:02/1912010
Inv.51465207540110B
Inv. 51465207540210 02/08/2010
Inv. 51465207540210A
Inv. 51472281600110 01/26/2010
Inv. 51554915750110 01/26/2010
Inv. 51618204530110 01/26/2010
Watson Company
IC concession food resupply
Wenck Associates Inc
Proj8128 Thru 1.31.10 PCC restoration
Workers Compensation
10 1st qtr Work Comp
Xcel Energy
02/08/2010
1.2/2.2.10 All Wells/WTP's except We113&ZWP
02/08/2010
12.16/1.21.10 2 Water towers
12.15/1.21.10 8 Lift Stations
12.1/1.21.10 Traffic Signals
Check 109744 Date Paid:02/1912010 Yocum Oil Company Inc
Inv. 969312 01/26/2010 5010gl Unleaded
Inv. 969313 01/26/2010 2991gl Diesel
Check 109745 Date Paid:02/19/2010
Inv. 100211 02/11/2010
Check 109746 Date Paid:02/19/2010
Inv. 2010-00000014 02/16/2010
Laurie Ahrens
2.4/2.11.10 102.3 Mileage Reimb
Community Health Charities
CHAR CHC - Community Health Charities
Amount: $385.89
22.33
211.61
84.48
37.53
29.94
Amount: $374.40
374.40
Amount: $605.50
605.50
Amount: $82.52
82.52
Amount: $159.31
14.80
91.81
52.70
Amount: $28,785.60
19,190.40
9,595.20
Amount: $647.11
647.11
Amount: $19,845.07
19,845.07
Amount: $5,635.69
5,635.69
Amount: $34,855.16
12.1.09/1.4.10 Well 3$436.31
26,143.80
1.4/2.1.10 Well 3$1,207.69
211.48
1,678.10
5,177.78
Amount: $18,086.05
11,656.27
6,429.78
Amount: $51.15
51.15
Amount: $45.00
45.00
Check 109747 Date Paid: 02/19/2010 Janene Hebert Amount: $893.00
Inv. 091231 12/31/2009 12.9/12.28.09 MNCAR subsc/Hamm meetg $711.00
Inv. 100217 02/17/2010 1.5/2.17.10 Jan-Mar'10MLS,Apprs Inst,Hamm $182.00
mtgs
Page 9
Page 1 of 15 2/25/2010
Check 109748 Date Paid:02/19/2010 Law Enforce Labor Serv./Union Amount: 1,344.00
Inv. 2010-00000018 02/16/2010 DUES POL - Police Union Dues * 1,344.00
680 02/17/2010
Check 109749 Date Paid:02/19/2010 Sara Mittelstaedt Amount: 251.59
Inv. 100211 02/11/2010 1.8/2.11.10Costco,Cub,Michaels,Walgreen,Tra 251.59
682 02/17/2010
Check 109761
der, Bed Bath, Byerlys,c
Inv. Import - 676 02/17/2010
Check 109750 Date Paid:02/19/2010 MN AFSCME Council #5 Amount: 2,381.46
Inv. 2010-00000020 02/16/2010 DUES MTCE - Maintenance Union Dues* 2,381.46
673 02/17/2010
Check 109751 Date Paid:02/19/2010 MN Child Support Payment Ctr
Inv. 2010-00000021 02/16/2010 CHID SUPPORT - Child Support*
Check 109752 Date Paid:02/19/2010 MN Environmental Fund
Inv. 2010-00000022 02/16/2010 CHAR MN ENV - MN Enviromental Fund
Check 109753 Date Paid:02/19/2010
Inv. 2010-00000023 02/16/2010
Check 109754 Date Paid:02/19/2010
Inv. 2010-00000026 02/16/2010
Check 109755 Date Paid:02/19/2010
Inv. 2010-00000027 02/16/2010
Check 109756 Date Paid:02/19/2010
Inv. 10286 01/28/2010
Check 109757 Date Paid:02/19/2010
Inv. Import - 679 02/17/2010
Check 109758 Date Paid:02/19/2010
Inv. Import - 680 02/17/2010
Check 109759 Date Paid:02/19/2010
Inv. Import - 681 02/17/2010
Check 109760 Date Paid:02/19/2010
Inv. Import - 682 02/17/2010
Check 109761 Date Paid:02/19/2010
Inv. Import - 676 02/17/2010
Check 109762 Date Paid:02/19/2010
Inv. Import - 677 02/17/2010
Check 109763 Date Paid:02/19/2010
Inv. Import - 673 02/17/2010
Check 109764 Date Paid:02/19/2010
Inv. Import - 672 02/17/2010
Check 109765 Date Paid:02/19/2010
Inv. Import - 678 02/17/2010
Check 109766 Date Paid:02/19/2010
Inv. Import - 671 02/17/2010
Check 109767 Date Paid:02/19/2010
Inv. Import - 675 02/17/2010
Check 109768 Date Paid:02/19/2010
Inv. Import - 674 02/17/2010
Check 109769 Date Paid:02/19/2010
Inv. 206JAN 10 01/28/2010
Open Your Heart
CHAR OYH - Open Your Heart
United Arts
CHAR UA - United Arts
United Way
CHAR UW - United Way
Marjorie Vigoren
ECO Promo/plaque of apprec G Black
Baadsgaard, Elly
Park and Rec Refund
Bakke, Catherine
Park and Rec Refund
Gimmestad, Gwen
Park and Rec Refund
Hargreaves, Gary
Park and Rec Refund
Hodsdon, Mary
Park and Rec Refund
Marlin, Linda
Park and Rec Refund
McDill, Susan
Park and Rec Refund
Nordquist, Gloria
Park and Rec Refund
Ruegemer, Vickie
Park and Rec Refund
Smiles for Kids/CSI
Park and Rec Refund
Sohn, Darrell
Park and Rec Refund
Weir, Frank
Park and Rec Refund
Data Recognition Corporation
Jan'10 UB Postage
Amount: $1,597.00
1,597.00
Amount: $24.00
24.00
Amount: $51.00
51.00
Amount: $1.00
1.00
Amount: $104.41
104.41
Amount: $63.41
63.41
Amount: $85.00
85.00
Amount: $39.00
39.00
Amount: $17.00
17.00
Amount: $55.00
55.00
Amount: $3.00
3.00
Amount: $3.00
3.00
Amount: $23.00
23.00
Amount: $3.00
3.00
Amount: $39.00
39.00
Amount: $50.00
50.00
Amount: $3.00
3.00
Amount: $3.00
3.00
Amount: $3,363.63
3,363.63
Page 10
Page 1 of 15 2/25/2010
Check 109770 Date Paid:02/19/2010
Inv.105602 01/27/2010
Inv. 140157 01/27/2010
Check 109771 Date Paid:02/19/2010
Inv. ARV11748844 01/08/2010
Inv. ARV11754816 01/11/2010
Check 109772 Date Paid:02/19/2010
Inv. T0296261B 02/01/2010
Inv. T0296261L 12/01/2009
Check 109773 Date Paid:02/19/2010
Inv.100212 02/12/2010
Check 109774 Date Paid:02/26/2010
Inv. 14741 02/03/2010
Check 109775 Date Paid:02/26/2010
Inv.0123904IN 02/05/2010
Check 109776 Date Paid:02/26/2010
Inv. A84665 02/05/2010
Check 109777 Date Paid:02/26/2010
Inv.0004124925 02/11/2010
Check 109778 Date Paid:02/26/2010
Inv.INV80736 02/02/2010
Northern Sanitary Supply Co
Cr 140157/rtn broom handles
IC Janitorial supplies
Snap-On Industrial
1"Sealed rat, 36"hd1 1" dry
Handle
USA Mobility Wireless Inc
Feb'10 UT Pager rentals
Dec09 UT pager rental
Messerli & Kramer PA
12.18.09/2.12.10 Garnishment
A&T Upholstery
repair seat on #348
ABM Equipment & Supply, Inc.
4 12W bulb
Ace Lock & Safe Co Inc
Pump Hse 4/rplc door on house/rplc closer
latchguard
Aerotek Inc
1.30.10 PW temp help
Alpha Video Inc
Panasonic color camera,Iens
Check 109779 Date Paid:02/26/2010 American Fastener
Inv. 00164458 02/03/2010 Misc nuts and bolts
Inv. 164239CM 02/03/2010 Return STA108 5/8 brass #164239
Check 109780 Date Paid:02/26/2010
Inv. D2081166KB 02/01/2010
Check 109781 Date Paid:02/26/2010
Inv.3015459300 02/22/2010
Check 109782 Date Paid:02/26/2010
Inv.22472339 02/02/2010
Check 109783 Date Paid:02/26/2010
Inv. A36553A 12/31/2009
Check 109784 Date Paid:02/26/2010
Inv. WO6023611 02/03/2010
Check 109785 Date Paid:02/26/2010
Inv. 100430A 02/24/2010
Check 109786 Date Paid:02/26/2010
Inv. 100131 01/31/2010
Check 109787 Date Paid:02/26/2010
Inv. ROD1381 02/03/2010
Check 109788 Date Paid:02/26/2010
Inv. 80000147373021 02/08/2010
Check 109789 Date Paid:02/26/2010
Inv.11994 02/03/2010
American Messaging Services LLC
Feb'10 PD pager rental
Anchor Paper
250 white,250 cottonwood envelopes
ATOM
Molly Lynch/Intermediate/Survival Pistol
Female Shooter
Ben Franklin Minneapolis, MN #81
Bal owed 4.23.09 2545 Weston Ln break
Bertelson Total Office Solutions
Report cover/economy bookends
Bethlehem Baptist Church
4.30/5.1.10 Chaplain training/Craig Muri
Campbell Knutson Prof Assoc
Jan'10 Attorney services
CDW Government Inc
AVL acrobat 9 win
CenterPoint Energy
12.17/1.31.10 Natural Gas
City of Maple Grove
2009 House Call Fees PUPS
Amount: $319.13
87.85)
406.98
Amount: $529.61
434.34
95.27
Amount: $201.80
109.94
91.86
Amount: $773.08
773.08
Amount: $151.72
151.72
Amount: $72.55
72.55
Amount: $862.40
862.40
Amount: $1,320.00
1,320.00
Amount: $225.53
225.53
Amount: $54.50
105.80
51.30)
Amount: $128.34
128.34
Amount: $40.88
40.88
Amount: $250.00
250.00
Amount: $1,240.00
1,240.00
Amount: $23.84
23.84
Amount: $80.00
80.00
Amount: $31,449.90
31,449.90
Amount: $178.41
178.41
Amount: $58,326.51
58,326.51
Amount: $104.33
104.33
Page 11
Page 1 of 15 2/25/2010
Check 109790 Date Paid:02/26/2010 City of St Louis Park Amount: 634.62
Inv. 2010RR05 02/22/2010 Rink Rat Hockey 634.62
332.50
Check 109791 Date Paid:02/26/2010 Comcast Amount: 199.90
Inv. 100208 02/08/2010 2.18/3.17.10 Data line 199.90
4,892.50
Check 109792 Date Paid: 02/26/2010 Continental Property Group Inc Amount: 78,920.46
Inv. 091031 10/31/2009 TIF 7-6 Paygo Payment on October Settlement 78,920.46
Check 109793 Date Paid:02/26/2010 Cutting Edge Property Maintenance Inc Amount: 1,960.00
Inv. 18013 01/12/2010 1.11/1.12.10 Nathan Lane Park&Ride snow 1,960.00
removal
Check 109794 Date Paid:02/26/2010 D C Annis Sewer Inc Amount: 189.00
Inv. 73696 01/30/2010 415 Pineview Ln camera 189.00
Check 109795 Date Paid: 02/26/2010 Dakota Supply Group Amount: 2,697.53
Inv. 6363600 02/03/2010 1 2"CMPD meter&flange set,1 RTR-ERTS F/3" 2,697.53
Cmpd
Check 109796 Date Paid:02/26/2010 Data Recognition Corporation Amount: 10,560.97
Inv. 00071016 01/28/2010 2010 Budget Books&CAP Imrove books 6,598.46
Inv. 00071071 02/02/2010 Jan'10 UB proc/88,500 stock 3,962.51
Check 109797 Date Paid:02/26/2010
Inv. 100218 02/19/2010
Check 109798 Date Paid: 02/26/2010
Inv.827003810 02/04/2010
Check 109799 Date Paid:02/26/2010
Inv. 14577 02/10/2010
Inv. 14578 02/10/2010
Inv. 14579 02/10/2010
Inv. 14615 02/16/2010
Inv. 14616 02/17/2010
Basma Devries
2.18.10 Great Decisions Speaker
DPC Industries Inc
5887lbs Hydrofluorosilicic
DSS Commercial Inc
Jan'10 Var Transit shelters snow removal, ice
melt
Jan'10 Nathan Ln snow removal/ice melt
1.7/1.25 Messiah transit shelter snow rmvl/ice
melt
Jan'10 var Transit shelters trash removal
1.28.10 4Seasons shelter heater not working
Amount: $60.00
60.00
Amount: $2,511.39
2,511.39
Amount: $4,168.36
1,740.90
949.40
396.70
1,048.66
32.70
Check 109800 Date Paid:02/26/2010 Ehlers & Associates Inc Amount: $11,767.50
Inv. 341048 02/10/2010 1.5.10 2009 TIF Mgmnt Report 332.50
Inv. 341049 02/10/2010 9.16.09/10.21.09 TIF 1-1&7-6 Modification 1,092.50
Inv. 341050 02/10/2010 1.4/1.20.10 TIF Financial Mgmnt Plan 4,892.50
Inv. 60358 01/21/2010 5yr Arbitrage report -water rev bonds 2004B 5,450.00
Check 109801 Date Paid:02126/2010 Emergency Apparatus Maint.
Inv. 46786 02/04/2010 #34 Engine 21 Hydraulic generator repairs
Check 109802 Date Paid:02/26/2010 Factory Motor Parts Co
Inv.69004460 02/05/2010 Filter
Inv. 70001818 02/05/2010 Oil filters
Inv. 70001831 02/05/2010 Motor and fan asy #1002
Check 109803 Date Paid:02/26/2010 Fastenal
Inv. MNPLY37919 02/03/2010 3 Scrubbing Wipes
Check 109804 Date Paid:02/26/2010 Filtration Systems Inc.
Inv. 33739 02/04/2010 CWP 13 var size filters
Inv. 33764 02/08/2010 CWP 13 var size filters
Check 109805 Date Paid:02/26/2010 G & K Service Inc
Inv. 1006236032 02/05/2010 Public Works Uniform Rental
Page 1 of 15
Amount: $3,431.64
3,431.64
Amount: $296.34
7.42
41.97
246.95
Amount: $47.61
47.61
Amount: $249.61
83.08
166.53
Amount: $319.43
319.43
Page 12
2/25/2010
Check 109806 Date Paid:02/26/2010
Inv.9168049279 01/26/2010
Inv.9174672395 02/03/2010
Inv.9175687368 02/04/2010
Inv.9176119809 02/04/2010
Inv.9176119817 02/04/2010
Inv.9176651546 02/05/2010
Grainger
1 1/2 In 45 deg elbow
5 1/2 in 45 deg elbow
8 30W clear lamps
Lamp/Aerosol lubricant
Lamp 1000W
Tarp strap
Check 109807 Date Paid:02/26/2010 Hawk Performance Specialties
Inv. 876 11/27/2009 IC 11.26.09 battery charger not working
Check 109808 Date Paid:02/26/2010 Hawkins Water Treatment
Inv. 3092178RI 02/04/2010 CWP 329.95gl LPC -9L
Inv. 3092868RI 02/08/2010 ZWP 477001b Azone 15
Check 109809 Date Paid:02/26/2010 Hennepin Co Info Tech Dept
Inv. 20018042 01/31/2010 Jan'10 PD MDC's,Radio Lease
Inv. 20018099 01/31/2010 Jan'10 PW Radio lease
Check 109810 Date Paid: 02/26/2010
Inv. 2839 12/31/2009
Check 109811 Date Paid:02/26/2010
Inv.921103 02/07/2010
Check 109812 Date Paid:02/26/2010
Inv. 14010 02/03/2010
Check 109813 Date Paid:02/26/2010
Inv. 100129 02/19/2010
Check 109814 Date Paid: 02/26/2010
Inv.1273855 02/08/2010
Check 109815 Date Paid:02/26/2010
Inv.091214 02/24/2010
Hennepin County Sheriff/Bookng
Dec09 Booking Fees Prisoner
Hennepin County Treasurer
Jan'10 RecordEase Web trans
Henry's Waterworks Inc
15 1x3/4" curb stop
Independent School District 284
Refund Dial A Ride punch cards
Industrial Supply Co Inc
Sproket Roller ($62.71 Includes Tax)
Jones Lang Lasalle Americas Inc
False burglar alarm paid twice
Check 109816 Date Paid:02/26/2010 Kidd Plumbing Inc
Inv. 6642 01/14/2010 IC mens rstrm toilet repairs
Inv. 6643 01/20/2010 IC Rupp air repairs
Check 109817 Date Paid:02/26/2010
Inv. 55854011009 01/31/2010
Check 109818 Date Paid:02/26/2010
Inv. 01368971N 02/05/2010
Check 109819 Date Paid:02/26/2010
Inv.11066167 02/14/2010
Laidlaw Transit Services Inc
Jan'10 DAR Metrolink services
Law Enforcement Targets Inc
100 24x35 Target backer
League of MN Cities Ins Trust
Claim 2008.13 HR claim,attrnys fees
Check 109820 Date Paid:02/26/2010 Steven Leuer
Inv. 20293 02/10/2010 2.8.10 190.5hrs Snowplowing
Inv. 20294 02/10/2010 2.9.10 183.25hr Snowplowing
Check 109821 Date Paid:02/26/2010 Maple Crest Landscape LLC
Inv. 25670 02/04/2010 2.1/2.2.10 Snowplowing services
Check 109822 Date Paid:02/26/2010
Inv. 119739 02/04/2010
Check 109823 Date Paid:02/26/2010
Inv. 6312 02/10/2010
Matrix Laser Care Inc
2 -Black ink
Matt's Lawn and Landscape
2.8/2.9.10 Snowplowing
Amount: 867.14
3.76
18.70
482.48
34.33
195.52
132.35
Amount: 477.14
477.14
Amount: 5,203.44
1,935.99
3,267.45
Amount: 4,394.85
4,074.85
320.00
Amount: 2,672.72
2,672.72
Amount: 51.00
51.00
Amount: 837.63
837.63
Amount: 148.00
148.00
Amount: 90.81
90.81
Amount: 50.00
50.00
Amount: 656.00
90.25
565.75
Amount: $246,637.41
246,637.41
Amount: $68.40
68.40
Amount: $2,697.61
2,697.61
Amount: $33,399.25
16,990.00
16,409.25
Amount: $97.00
97.00
Amount: $35.80
35.80
Amount: $2,250.00
2,250.00
Page 13
Page 1 of 15 2/25/2010
Check 109824 Date Paid:02/26/2010 McCombs Frank Roos Associates/MFRA Amount: 2,258.00
Inv. 66497 02/01/2010 Thru 1.31.10 Survey/Bremer 2nd addn 2,258.00
Check 109825 Date Paid: 02/26/2010 Metro Athletic Supply Inc Amount: 64.02
Inv. 121076 01/27/2010 2sets pylons 64.02
Check 109826 Date Paid: 02/26/2010 Metro Cities Amount: 13,097.00
Inv. 55 01/02/2010 2010 Membership 13,097.00
Check 109827 Date Paid: 02/26/2010 Metropolitan Council Amount: 462,000.00
Inv. 0000921811 02/19/2010 Final pay/Elm Creek Interceptor/Plym Lateral 462,000.00
Check 109828 Date Paid: 02/26/2010 Marvin Mikulich Amount: 50.00
Inv. 1002009 02/19/2010 Mailbox damage reimb 50.00
Check 109829 Date Paid:02/26/2010 Minnesota Conway Amount: 215.41
Inv. 388852 01/27/2010 PD verif collars,low pres seals,pull 215.41
pins,recharge
Check 109830 Date Paid: 02/2612010 Minnesota Elevator Inc Amount: 143.33
Inv. 178280 02/02/2010 Jan-Feb'l0 ZWP Elev service 143.33
Check 109831 Date Paid: 02/26/2010 Minnesota Pollution Control Agency Amount: 23.00
Inv. 100218 02/23/2010 Rick Forbes class SB sewer lic certif 23.00
Check 109832 Date Paid: 02/26/2010 Minnesota Public Transit Association/MPTA Amount: 295.00
Inv. 207 02/19/2010 2010 Hellekson Membership 295.00
Check 109833 Date Paid: 02/26/2010 Minnesota Safety Council, Inc Amount: 256.95
Inv. 5680 12/31/2009 5.21.09 32 Nighthawk/see cr 976.95
Inv. 5680CM 12/31/2009 Return 24 Nighthawk carbon monoxide 720.00)
detectors
Check 109834 Date Paid:0212612010 Minnesota Street Superintendents Assoc/MSSA Amount:$35.00
Inv. 100224 02/24/2010 2010 Smith Membership 35.00
Check 109835 Date Paid:02/26/2010 MMKR Amount: 5,745.00
Inv. 25636 01/31/2010 2009 Audit through 1.31.10 5,745.00
Check 109836 Date Paid: 02/26/2010 MN County Attorneys Assoc Amount: 117.84
Inv. 9631320 01/08/2010 10 Receipt,lnventory&Return form 117.84
Check 109837 Date Paid:02/26/2010 Mobile Lock And Safe Co. Amount: 282.15
Inv. 04159 01/31/2010 3 Medeco cylinders 282.15
Check 109838 Date Paid:02/26/2010 Morrie's Parts & Service Amount: 29.93
Inv.476446 02/05/2010 4 -Relay 29.93
Check 109839 Date Paid:02/26/2010 National Excelsior Company Amount: 148.70
Inv. 6022929300 01/04/2010 IC 1 Inducer blower 148.70
Check 109840 Date Paid:02/26/2010 Robert Nesbitt Amount: 225.00
Inv. 3301T 02/22/2010 3.16/3.18.10 Registr HSEM Gov conf 225.00
GRT00330
Check 109841 Date Paid: 02/26/2010 Northwest Sub Remodel Fair Amount: 250.00
Inv. 201007 11/16/2009 2010 Host City Fnancial Commitment 250.00
Check 109842 Date Paid: 02/26/2010 Office Depot Amount: 465.02
Inv. 507141688001 02/01/2010 1 b folders/2dz mech pencils 48.93
Inv. 507683031001 02/03/2010 Bubble mailer/poly mailer/clnr board/dry eraser 57.10
Inv. 507973325001 02/05/2010 Med pens/mechanical pencil 6.87
Inv. 507998505001 02/05/2010 Binder/binding cover/linen paper/file folder 72.51
Inv. 508034189001 02/05/2010 3 hole punch/stapler remover 21.18
Page 14
Page 1 of 15 2/25/2010
Inv. 508077871001 02/05/2010
Inv. 508116222001 02/05/2010
Inv. 508116505001 02/05/2010
Inv. 508116506001 02/05/2010
Inv. 508275538001 02/08/2010
Check 109843 Date Paid:02/26/2010
Inv. W10010705 01/31/2010
Check 109844 Date Paid:02/26/2010
Inv. 463420001 02/05/2010
Check 109845 Date Paid:02/26/2010
Inv.100219 02/19/2010
Check 109846 Date Paid:02/26/2010
Inv.8397997 02/15/2010
Check 109847 Date Paid:02/26/2010
Inv. 100210 02/10/2010
Check 109848 Date Paid: 02/26/2010
Inv.37442 02/03/2010
Check 109849 Date Paid: 02/26/2010
Inv.100217 02/17/2010
Check 109850 Date Paid: 02/26/2010
Inv. 100102 02/24/2010
Check 109851 Date Paid: 02/26/2010
Inv. 091031 10/31/2009
Check 109852 Date Paid: 02/26/2010
Inv.100222 02/22/2010
Check 109853 Date Paid:02/26/2010
Inv.245850 02/03/2010
Check 109854 Date Paid:02/26/2010
Inv. 100210 02/10/2010
Check 109855 Date Paid:02/26/2010
Inv.100223 02/23/2010
DVD + R spindle/2pk-CD/DVD sleeve 60.51
Perm marker/pens/perf pad/bndr 59.80
clps/rubberbnds/tape flags
Perf pad 19.94
Ltr file pocket 109.23
Sharpie marker/Jan-Dec index 8.95
Office of Enterprise Technolog Amount: 62.50
Jan'10 PD Language line 62.50
Oil -Air Products LLC Amount: 180.42
4-8g-6mp gats/gatm/gatv/gatm 180.42
Patrick Olson Amount: 285.00
2.19.10 DJ Service 285.00
OnTrac Amount: 38.33
2.1/2.8.10 Courier services 38.33
Helena Rose Overcash Amount: 100.00
Refund Massage Therapy license/R2010.672 100.00
Perry's Truck Repair Amount: 267.19
Claim 2010.03 plow frame rplcmnt 267.19
Pilates MN
Jan-Feb'10 Pilates instruction
PLEAA
2010 8 Memberships
Plymouth Leased Housing Assoc
TIF 7-7 Paygo pymnt on October settlement
Postmaster/ Window D-12
Bulk Postage permit 1889
dep/spring-summer'10 Activities guide
Printers Service Inc
3 77" Ice Knife Sharp
Quality Seasons Inc
2.8/2.9.10 Snowplowing
Tom Rockvam
2.23.10 Andrews Sisters movie
Check 109856 Date Paid:02/26/2010 Donna Roehl
Inv. 100113 01/13/2010 1.13.10 Crystal Creations
Inv. 100210 02/10/2010 2.10.10 Crocheted Necklace
Check 109857 Date Paid:02/26/2010
Inv.100208 02/08/2010
Check 109858 Date Paid:02/26/2010
Inv.780356 02/13/2010
Check 109859 Date Paid:02/26/2010
Inv.100430 02/19/2010
Check 109860 Date Paid:02/26/2010
Inv. 101170 02/10/2010
Check 109861 Date Paid:02/26/2010
Inv.00058408 01/15/2010
Page 1 of 15
Sam's Club
1.12/2.6.10 Concession charges
Selectaccount
Jan-Feb'10 FSA/VEBA
Amount: $810.00
810.00
Amount: $240.00
240.00
Amount: $69,853.25
69,853.25
Amount: $7,000.00
7,000.00
Amount: $54.00
54.00
Amount: $800.00
800.00
Amount: $50.00
50.00
Amount: $110.00
60.00
50.00
Amount: $458.05
458.05
Amount: $816.18
816.18
Shannon Institute/Wilder Amount: $100.00
Laurie Ahrens 4.30. 10 Leadership&Change $100.00
Showcase Promotional Advertising Specialists Amount:$41.98
PCC 1 womens jacket $41.98
Silent Knight Sec Sys Of MN In Amount: $220.00
Claim 2010.01 Vicksburg crossing apt fire $220.00
Page 15
2/25/2010
Check 109862 Date Paid:02/26/2010 Alan Smerud
Inv. 100209 02/19/2010 Mailbox damage reimb
Check 109863 Date Paid:02/26/2010 St Joseph Equipment Inc
Inv. S176585 02/04/2010 Claim 2010.02 Skid steer damage repairs
Inv. S176729 02/05/2010 Plate cutn/capscrew #233
Check 109864 Date Paid:02/26/2010 Stearns County Sheriff's Dept
Inv. 100210 02/10/2010 W#73VB09134841 R#2010671 Bail
Check 109865 Date Paid:02/26/2010
Inv. 1684009 11/16/2009
Inv. 1686205 11/24/2009
Check 109866 Date Paid:02/26/2010
Inv. 100131 01/31/2010
Check 109867 Date Paid:02/26/2010
Inv. 4659773110210 02/11/2010
Check 109868 Date Paid:02/26/2010
Inv.100209 02/19/2010
Check 109869 Date Paid:02/26/2010
Inv. 2500201 01/29/2010
Check 109870 Date Paid:02/26/2010
Inv.INV054785 01/07/2010
Check 109871 Date Paid:02/26/2010
Inv.15442 01/27/2010
Check 109872 Date Paid:02/26/2010
Inv. SV096698 01/29/2010
Check 109873 Date Paid:02/26/2010
Inv.111955 02/02/2010
Check 109874 Date Paid:02/26/2010
Inv. 100171A 02/19/2010
Check 109875 Date Paid:02/26/2010
Inv.597680 02/12/2010
Check 109876 Date Paid:02/26/2010
Inv. 15184 01/06/2010
Inv. 15221 01/28/2010
Inv. 15229 01/15/2010
Inv. 15234 01/31/2010
Check 109877 Date Paid:02/26/2010
Inv. 98183 01/29/2010
Streicher's Inc
2 Briefcase
J Chamberlain -Dupree pant/belt
SW/WC Service Cooperatives
Jan'10 BC/BS price adjustment
T Mobile
Feb'10 Utilities GPS
Debbie Temple
Mailbox damage reimb
Terminal Supply Company
364 coupling,210 npls
TestOut
Extra LabSim IT Certification
Total Comfort
16005 22nd Ave/furnace
Trans -Alarm Inc
Reservoir rmv wiring fr door
Ultramax
7cs various ammo
United States Postal Service
Claim 2009.37 postal vehical damage
University of Minnesota
2.11.10 Stryker dental recheck
Valley Rich Co Inc
13950 36th Ave N/Water main break repairs
17570 28th Ave/Water main break repairs
1215 Kingsview Ln/water main break repair
415 Pineview LN/water main break repair
Viking Trophies
25 Citizen awards
Check 109878 Date Paid:02/26/2010 Village Chevrolet Co.
Inv.198297 02/03/2010 Switch
Inv.198600 02/09/2010 Cable
Check 109879 Date Paid:02/26/2010
Inv. 100111 01/11/2010
Check 109880 Date Paid:02/26/2010
Inv. 782135 02/04/2010
Shufang Wang
Refund Massage Therapy appl/R2010.153
Watson Company
IC concession food resupply
Check 109881 Date Paid:02/26/2010 Xcel Energy
Page 1 of 15
Amount: $50.00
50.00
Amount: $1,239.35
962.64
276.71
Amount: $218.00
218.00
Amount: $284.33
192.35
91.98
Amount: $27,097.00
27,097.00
Amount: $39.98
39.98
Amount: $50.00
50.00
Amount: $2,261.26
2,261.26
Amount: $495.00
495.00
Amount: $4,998.00
4,998.00
Amount: $153.00
153.00
Amount: $1,431.00
1,431.00
Amount: $12.74
12.74
Amount: $28.54
28.54
Amount: $11,315.63
752.00
2,839.99
2,792.64
4,931.00
Amount: $717.67
717.67
Amount: 212.63
175.76
36.87
Amount: 75.00
75.00
Amount: 1,000.14
1,000.14
Amount: 1,5',5.35
16
2/25/2010
Inv. 51450946640210 02/12/2010 1.2/2.10.10 Playfields,path lighting
Inv. 51662037520210 02/04/2010 12.16/1.21.10 Signal,irrig light
Check 109882 Date Paid:02/26/2010 Yocum Oil Company Inc
Inv. 971115 02/08/2010 5001gl Unleaded,3001gl diesel
Check 109883 Date Paid: 02/26/2010 Castonguay, Mary
Inv. 100211 02/11/2010 Notary /expire 1.31.15
Check 109884 Date Paid: 02/26/2010 Dave Durenberger
Inv. 100126 01/26/2010 1.25/1.26.10 meals DARE School
Inv. 100204 02/04/2010 2.2/2.4.10 meals at DARE School
Check 109885 Date Paid:02/26/2010 Rick Forbes
Inv. 100223 02/23/2010 Rick Forbes/Class SB sewer lic test
Check 109886 Date Paid:02/26/2010 Dallas Gjesvold
Inv. 100128 01/28/2010 1.25/1.28.10 Meals at DARE School
Inv. 100204 02/04/2010 2.3/2.4.10 Meals at DARE School
1,226.74
288.61
Amount: $18,794.64
18,794.64
Amount: $100.00
100.00
Amount: $44.93
16.82
28.11
Amount: $32.00
32.00
Amount: $53.42
33.09
20.33
Check 109887 Date Paid:02/26/2010 Guest Services Amount: $129.30
Inv. 100306 02/18/2010 Dreelan 3.6/3.13.10 Natl Fire Academy meal $129.30
ticket
Check 109888 Date Paid: 02/26/2010
Inv.100207 02/07/2010
Check 109889 Date Paid:02/26/2010
Inv. 100201 02/24/2010
Check 109890 Date Paid:02/26/2010
Inv. 100213 02/13/2010
Check 109891 Date Paid:02/26/2010
Inv. Import - 686 02/19/2010
Check 109892 Date Paid:02/26/2010
Inv. Import - 684 02/19/2010
Check 109893 Date Paid:02/26/2010
Inv. Import - 683 02/19/2010
Check 109894 Date Paid:02/26/2010
Inv. Import - 685 02/19/2010
Total Payments: 244
Greg Krause
2.7/3.6.10 Reimb Smartphone
Amount: $32.29
32.29
Plymouth Fine Arts Council Amount: $10,000.00
2010 City Contribution 10,000.00
Michael Vander Linden Amount: $245.00
Reimb USPAP registr for Accred MN Assessor 245.00
Design
Keifer, Richard Amount: $4.00
Park and Rec Refund 4.00
McDill, Susan Amount: $52.00
Park and Rec Refund 52.00
Reitan, Danielle Amount: $12.00
Park and Rec Refund $12.00
Watts, Jody Amount: $4.00
Park and Rec Refund $4.00
Total Amount Paid: $1,505,962.66
Page 17
Page 1 of 15 2/25/2010
CITY OF PLYMOUTH
RESOLUTION NO. 2010 -
A RESOLUTION TO APPROVE DISBURSEMENTS ENDING FEBRUARY 26, 2010
WHEREAS, a list of disbursements for the period ending February 26, 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:
Anchor Bank — Check Register
General & Special Revenue 474,714.17
Construction & Debt Service 638,559.75
Enterprise & Internal Service 390,898.29
Housing Redevelopment 1,790.45
Check Register Total 1,505,962.66
GRAND TOTAL FOR ALL FUNDS $ 1,505,962.66
Adopted by the City Council on March 9, 2010
Page 18
rp)City of
Agenda 6 . 0 3
Plymouth Number: v
AddinS QuuliCy to Cr/e
To: Laurie Ahrens, City Manager
REGULAR Prepared by: Shawn Drill, Senior Planner
COUNCIL MEETING
Reviewed by: Barbara Senness, Planning Manager and Steve Juetten,
March 9, 2010 Community Development Director
Item: Summary publication of the annual update to the
zoning ordinance and city code (2009052)
1. ACTION REQUESTED:
Move to adopt the attached ordinance approving summary publication of the annual update to the
zoning ordinance and city code.
Approval of the summary publication requires a 6/7 vote of the city council.
2. BACKGROUND:
On February 23, 2010, the city council approved the annual update to the zoning regulations
on a 5-0 vote. Five city council members were present, and approval of the annual update
requires four affirmative votes. Because summary publication requires six affirmative votes,
the council postponed action on the summary publication until March 9, 2010.
3. BUDGET IMPACT:
The summary publication would result in substantial cost savings to the city, because
publication of the full ordinance would cost roughly $3,900 and publication of the summary
ordinance would cost roughly $100.
4. ATTACHMENTS:
Ordinance Approving Summary Publication
P:/CommDev/STAFFREP/CC/2009/2009052-Annual-Update-CC-Summary-Publication
Page 1
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 2010 - _
CHAPTERS 5, 71 8, 10, 201 AND 21
OF THE PLYMOUTH CITY CODE
This ordinance amends Chapters 5, 7, 8, 10, and 20 of The Plymouth City Code, and also
amends Chapter 21 of The Plymouth City Code entitled The Plymouth Zoning Ordinance. This
ordinance pertains to the annual update to the zoning ordinance and city code adopted by the city
council on February 23, 2010, and consists of both technical and substantive amendments. The
ordinance contains amendments to the following articles:
SECTION 510 — PRELIMINARY PLAT
SECTION 512 — FINAL PLAT PROCEDURE
SECTION 530 —TREE PRESERVATION
SECTION 705 — REGULATION OF PUBLIC AND PRIVATE SEWERS AND DRAINS
SECTION 710 — REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS
SECTION 800 — CONSTRUCTION IN STREETS, ALLEYS AND PUBLIC GROUNDS
SECTION 1015 — PERMIT PROCEDURES AND FEES
SECTION 2025 — NOISE
SECTION 21005 RULES AND DEFINITIONS
SECTION 21015 ADMINISTRATION — CONDITIONAL USE PERMITS
SECTION 21030 ADMINISTRATION — VARIANCES
SECTION 21045 SITE PLAN REVIEW
SECTION 21100 NON -CONFORMING BUILDINGS, STRUCTURES, USES AND LOTS
SECTION 21105 GENERAL BUILDING AND PERFORMANCE STANDARDS
SECTION 21115 GENERAL YARD, LOT AREA AND BUILDING REGULATIONS
SECTION 21120 ACCESSORY BUILDINGS, STRUCTURES, AND USES
SECTION 21130 FENCING/SCREENING/LANDSCAPING
SECTION 21135 OFF-STREET PARKING AND LOADING
SECTION 21145 HOME OCCUPATIONS
SECTION 21155 SIGN REGULATIONS
SECTION 21173 WIND ENERGY CONVERSION SYSTEMS (WECS)
SECTION 21450 O, OFFICE DISTRICT
SECTION 21460 C-2, NEIGHBORHOOD COMMERCIAL DISTRICT
SECTION 21465 C-3, HIGHWAY COMMERCIAL DISTRICT
SECTION 21470 C-4, COMMUNITY COMMERCIAL DISTRICT
SECTION 21475 CC, CITY CENTER DISTRICT
SECTION 21550 C-5, COMMERCIAL/INDUSTRIAL DISTRICT
SECTION 21555 B -C, BUSINESS CAMPUS DISTRICT
SECTION 21560 I-1, LIGHT INDUSTRIAL DISTRICT
Page 2
Summary Ord. No. 2010 -
Page 2 of 2
SECTION 21565 —1-2, GENERAL INDUSTRIAL DISTRICT
SECTION 21655 — PUD, PLANNED UNIT DEVELOPMENT DISTRICT
SECTION 21665 — MORELAND MANAGEMENT OVERLAY DISTRICT
SECTION 21670 — WETLANDS DISTRICT
A printed copy of the city code amendments is available for inspection at Plymouth City
Hall during regular office hours.
ADOPTED on March 9, 2010.
Lo
ATTEST:
Sandra R. Engdahl, City Clerk
Kelli Slavik, Mayor
Page 3
rp)City of Agenda 6 . 0 4PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Joshua Doty, Senior Planner (763) 509-5453
March 9, 2010 Reviewed by: Barbara Senness, Planning Manager and Steve Juetten,
Community Development Director
Item:
Amendments to the "Larkin Pond" Development Contract
2005078)
1. ACTION REQUESTED:
Move to authorize the mayor and city manager to sign the attached revised development
contract, as requested by Landmark Development of MN LLC for "Larkin Pond" located at
1010 Harbor Lane North.
2. BACKGROUND:
On April 11, 2006, the city council approved the final plat and development contract for
Larkin Pond," a four lot single family subdivision.
To date, no homes have been constructed on the property. The previous developer, Floyd
Calhoun Development, graded, installed utilities, and partially constructed the street (base
course of bituminous constructed). After construction, the street settled and therefore, must
be reconstructed. Landmark Development of MN LLC subsequently purchased the property
and is proposing to reconstruct the street and construct all four homes this year. The
amendments to the development contract are to update the contract for the new developer.
The amendments to the development contract (attached) include non -substantive and
substantive changes. Most of the proposed amendments are non -substantive in nature and:
1) update dates; 2) change names; and 3) recognize fees that were paid by the previous
developer. The amendments also include a reduction to the original financial guarantee
amount. The reduction is based on recent staff inspections to verify work that was
completed by the previous developer.
Substantive changes to the contact include the following:
1) The developer has requested that the city allow the issuance of two building permits
prior to installation of wetland buffer monuments. The developer has indicated that
they would like to begin construction this winter, during which time it is difficult to
install monuments. The developer has proposed to have all wetland buffer
Page 1
monuments installed prior to issuance of any certificates of occupancy or prior to
May 30, 1010, whichever is first.
2) The developer has requested a one-year warranty period for the street instead of a
two-year warranty. A two-year warranty period is typically required when a base
course and final wear course of a street is constructed in the same season. In this
instance, the developer is proposing to construct the base course and final wear
course during the same construction season (2010). However, the base course and
related sub -grade have already sat through three winter seasons.
3) The developer has requested that the city agree to process reductions within 30 days.
Findings
Issuance of two building permits prior to wetland buffer monument installation is reasonable
given that 1) the developer wants to start construction this winter; 2) it is difficult to install
the monuments in the winter; and 3) no occupancy will be granted prior to buffer
installation. Engineering staff finds that a two year warranty is not needed given that the
sub -grade of the street has settled for three winter seasons and given that the developer will
not need to completely replace the sub -grade. Staff is also able to process reductions within
30 days of receiving a request for a reduction.
3. BUDGET IMPACT:
NA
4. ATTACHMENTS:
Location Map
Strike -through Version of Development Contract
Amended Development Contract
Page 2
0
Location Map - 2005078
Landmark Development of MN LLC
Larkin Pond
Request for amendments to the Development Contract
rl2b of
Plymouth, Minnesota
250 125 0 250 500 750
Feet
Legend
C, Comercial
CC, City Center
FM CO, Commercial Office
IP, Planned Industrial
LA -1, Living Area 1
0 LA -2, Living Area 2
LA -3, Living Area 3
LA -4, Living Area 4
LA -R1
LA -R2
LA -R3
0 LA -RT
P -I, Public!Semi-Publicllnstitutionai
Page 3
0
Location Map - 2005078
Landmark Development of MN LLC
Larkin Pond
Request for amendments to the Development Contract
rl2b of
Plymouth, Minnesota
250 125 0 250 500 750
Feet
Legend
C, Comercial
CC, City Center
FM CO, Commercial Office
IP, Planned Industrial
LA -1, Living Area 1
0 LA -2, Living Area 2
LA -3, Living Area 3
LA -4, Living Area 4
LA -R1
LA -R2
LA -R3
0 LA -RT
P -I, Public!Semi-Publicllnstitutionai
Page 3
reservedfor recording information)
DEVELOPMENT CONTRACT
Developer Installed Improvements)
LARKIN POND (2005078F)
AGREEMENT dated , 20, by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City"), and Floyd Calhoun Developments r .fld
Pend, CLandmark Development of MN LLC (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for
Larkin Pond (referred to in this Contract as the "plat"). The land is situated in the County of
Hennepin, State of Minnesota, and is legally described as:
Lot 1 and that part of Lot 2 lying North of the South 130 feet thereof, Block 1, Glen
Grove Acres, Hennepin County, Minnesota
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the
Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within (180) days after the City Council approves the final
plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the
plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees,
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by
both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3)
the plat has been recorded with the Hennepin County Recorder's Office, and 4) the City's Community
Development Director has issued a letter that all conditions have been satisfied and that the Developer
may proceed.
4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved final plat unless required by
state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
Page 4
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.
5. 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
6. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping Required by Section 21130.03 of the Zoning Ordinance
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities
The improvements shall be installed in accordance with the City subdivision ordinance and the City's
Engineering Guidelines. 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's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a
mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review
the program for the construction work.
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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.
7. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall pay to the City
of Plymouth the costs of administering the Development Contract. 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, final
inspection and acceptance, project monitoring during the warranty period, and processing of requests
for reduction in security, for all public improvements covered by the development contract. The fee
for administrative costs is $3,996.52. The City of Plymouth collected the above listed administrative
costs from the previous developer.
8. 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.
9. 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
NPDES Permits
MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
MnDNR for Dewatering and Work in Protected Waters
City of Plymouth for Building Permits
MCES for Sanitary Sewer Connections
City of Plymouth's Right -of -Way Permit
10. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
October 31, 209710, with the exception of the final wear course of asphalt on streets. The Developer
shall have the option of installing the wearing course of streets within one (1) year following initial
commencement of work on the required basic improvements or installing it after the first course has
weathered a winter season, consistent with warranty requirements. The Developer may, however,
request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date. Final wear course placement outside of this time frame must have the written approval of the
City Engineer. Landmark Development of MN LLC will install base course and final wear course
of asphalt for the street in the same season and is not required to wait for one weathered winter
season to install the final wear course.
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11. 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.
12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility
construction, and street construction is restricted to access the subdivision via Harbor Lane North. No
construction traffic is permitted on other adjacent local streets.
13. GRADING PLAN. The plat shall be graded in accordance with the approved Grading Drainage and
Erosion Control Plan, Plan "B". The plan shall conform to City of Plymouth standards. Within thirty
30) days after completion of the grading, the Developer shall provide the City with a "record"
grading plan certified by a registered land surveyor or engineer 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; d) top
and bottom of retaining walls.
All lots with house footings placed on fill must be monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The developer must certify that this has been done correctly.
14. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan, Plan B, shall be
implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the Minnesota Pollution Control Agency's Best Management Practices. The City
may impose additional erosion control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of
the work or in an area that is inactive for more than five (5) days unless authorized and approved by
the City Engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in
accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched,
and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received 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 ten (10) days, the City may draw down the
security to pay any costs. No development, utility or street construction will be allowed and no
building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all street maintenance until the streets are accepted by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours. If and when streets become impassable, such streets shall be barricaded and closed. In
the event residences are occupied prior to completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage to insure 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
Developer's operation. The Developer may request, in writing, that the City keep the streets open
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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.
16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required
by this Contract, the improvements lying within public easements or right-of-way shall become City
property. Prior to acceptance of the improvements by the City, the Developer must furnish the
following affidavits:
Contractor's Certificate
Engineer's Certificate
Land Surveyor's Certificate
Developer's Certificate
certifying that all construction has been completed in accordance with the terms of this Contract.
All necessary forms will be furnished by the City of Plymouth. Upon receipt of affidavits and
verification by the City Engineer, 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 or a .DXF file prepared in accordance with City standards.
17. PARK DEDICATION. The Developer shall pay a cash contribution of $16,000 in satisfaction of
the City's park dedication requirements. The charge was calculated in accordance with Section 528
of the City's Subdivision Regulations. The cash fee shall be payable prior to the City's release of
the signed final plat mylars. 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 annually. The City of Plymouth collected the above listed
park dedication fee from the previous developer.
18. 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 Section 25.F, curbing, and one lift of asphalt shall be installed on all public and
private streets serving the subject lot.
B. Pf-ief tepee—of building permits-,Wetland buffer monuments shall be placed in
accordance with the City's zoning ordinance. The monument design shall be approved by
the Community Development Department. The city will allow the issuance of building
permits for two homes prior to installation of wetland buffer monuments. All wetland buffer
monuments shall be installed prior to May 30, 2010 and no certificates of occupancy will be
issued until wetland buffer monuments are installed.
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.
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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 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 fee except for the willful misconduct or gross negligence of the City. No sewer
and water connection permits will be issued until the streets needed for access to each model
home have been paved with a bituminous surface and the utilities are tested and approved by
the City Engineer. No certificates of occupancy shall be issued until sewer and water
service is provided to these model homes.
19. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS Street name signs shall be
installed by the Developer. The signs shall be placed at all intersections or at such other locations
as designated by the City Engineer. All street name signs must be installed prior to final building
inspection approval.
The Developer shall install traffic control signs in accordance with the plan approved by the City
Engineer and Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). All signs must
be installed prior to final building inspection approval or earlier if necessary as determined by the
City Engineer.
20. STREET LIGHT OPERATION COSTS. The developer shall pay to the City the energy cost for
the first two years of operation. Two (2) lights at a yearly cost of $392.00 per year and a two year
cost of $784.00. 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 four (4) lots, which results in an estimated cost of $16.33 per lot per billing period. The rate
quoted above is dependent upon the operation costs for Xcel Energy under contract franchise with
the City of Plymouth. The City collected the above listed $784.00 of street light operation costs
from the previous developer.
21. 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 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, and upon such
deposit, the Developer shall release, discharge, and dismiss the City from any further
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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 attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or
more lots, the entire plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per year.
G. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availability charges ("SAC"),
City water connection charges, City sewer connection charges, and building permit fees.
H. Landmark Development of MN LLC will not be required to pay any expenses the city
incurred from the previous developer.
22. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. The Developer shall post a $1,900 security for the final placement of all subdivision iron
monuments. The security was calculated as follows: 19 irons at $100.00 per iron. The
security will be held by the City until the Developer's land surveyor certifies that all irons have
been set following site grading and utility and street construction. In addition, the certificate of
survey must also include a certification that all irons for a specific lot have either been found
or set prior to the issuance of a building permit for that lot.
B. The Developer must obtain a sign permit from the City Building Official prior to installation
of any subdivision identification signs.
C. Other Requirements:
1. All hazardous trees shall be removed from the property at the owner's expense.
2. No building permits shall be issued until the final plat is filed and recorded with
Hennepin County.
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3. The watermain shall be looped through the development.
4. Access shall be denied to all adjacent properties south of the subject site
5. No parking signage shall be installed at the location of turnaround.
6. Prior to the issuance of a grading permit, the applicant shall install tree
preservation fencing and such fencing shall be inspected and approved by City
staff.
7. Prior to recording the final plat, the applicant shall receive approval of the fire
flow calculations.
8. Prior to issuance of a grading permit, the applicant shall revise the plans in
conformance with the Engineering Guidelines and as follows:
a.) Minimum floor elevations: Lots 1-4 Block 1 = 940.3.
b.) Show locations of wetland monument signs on the grading plan.
c.) Add a signature line for the City Engineer to the final plat mylars.
d.) Additional drainage and utility easement is required for Lot 1, Block 1 up to
elevation 938.3. Show on mylar final plat and grading plan.
e.) On page C4.3 Identify curb type. 136-18 is required for east edge of 10th
Avenue adjacent to storm sewer inlets.
f.) All off-site grading requires written approval from the affected private
property owners.
g.) Revise the connection for the existing driveway and trail on the west side of
the site to allow adequate driveway access including width and grades.
Replace ribbon curb with concrete cross gutter per city detail STRT-11.
h.) Remove curb depression detail 9 on page C7.3. Use City detail STRT-6 for
pedestrian curb ramp.
i.) Revise City detail W-1 updated in March 2006.
j.) Trees must be planted at least 10 feet away from all pipes.
k.) Revise City detail ST -3 to tie the last 6 joints on the storm sewer inlet and
outlet pipes.
1.) The lowest opening for Lot 9, Block 1, Harbor Woods must be 1.5 -feet
higher than the emergency overflow elevation of 946.5 located south of
10th
Avenue North.
9. Prior to recoding the final plat, the following easements are required:
a.) Standard drainage and utility easements (on the final plat): 1) a 10 -foot
drainage and utility easement adjacent to the street right-of-way, 2) a 6 -foot
easement for all side and rear property lines, 3) A 20 -foot drainage and
utility easement for the storm sewer pipe to the NURP pond, as well as the
outlet control structure, 4) a drainage and utility easement to the NURP
pond high water level, and 5) a drainage and utility easement for the
wetland south of the Luce Line Trail as shown on the Preliminary Plat dated
June 23, 2005.
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b.) Access easements (separate documents): a 15 -foot access easement for
maintenance to the NURP pond. The grade in the access area shall not
exceed 15 percent and no plantings are permitted in the area.
10. Prior to recording the final plat, the applicant shall remove the existing homes and
accessory buildings (garages and sheds) from the property currently addressed as
1010 Harbor Lane North. The appropriate permits shall be required prior to
removal of the structures.
11. Prior to issuance of building permits, permanent wetland buffer monument signs
must be installed pursuant to ordinance requirements.
23. 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.
eovenants and shall be filed with the Final
nn11 Xat—..
D -.C. Developer shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its subcontractors or by one directly
or indirectly employed by any of them. Limits for bodily injury and death shall be not less
than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage
shall be not less than $200,000 for each occurrence; or a combination single limit policy of
1,000,000 or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage prior to the City signing
the plat. The certificate shall provide that the City must be given thirty (30) days advance
written notice of the cancellation of the insurance.
ELD. Third parties shall have no recourse against the City under this Contract.
F-. E. 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.
FBF. 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
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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.
l G. 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-. H. 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
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 1. 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 ordinances,
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.
24. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in
an emergency as determined by the City, is first given notice of the work in default, not less than
forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be
necessary for the City to seek a Court order for permission to enter the land. When the City does any
such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
25. 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 either 1) a
warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for
twenty-five percent (25%) of the amount of the original cost of the improvements. The developer
shall submit a letter of credit in the amount of $9,486. for the one-year warranty period.
stea:.:e sr_e rzeefarrresRe!se see:sE:e+.:see
B -.A. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject
to one (1) year from the date of final written acceptance„ unless the ..,o.,,ing .
M-0-
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B. The required warranty period for sod, trees, and landscaping is one growing season
following installation.
26. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
agreement, payment of special assessments, payment of the costs of all public improvements, and
construction of all public 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 $290,550$67.,150. The amount of the security was calculated as follows:
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ITEM
Street Construction
Sanitary Sewer System
Watermain System
Storm Sewer System
Boulevard and Drainage Swale Sod
NURP Pond
Street Lights
Signs
Side Walk, Ped Ramps, & Bit Trail Connection
Landscaping
Improvements
Site Grading, Drainage Imp., & Site Demolition
Setting Iron Monuments
SUB -TOTAL:
Design, Admin., Insp., As-Builts, Fire Plan
Developer
Installed
1)
5
22-15U
0
0
A
0
0
0
0
0
142,734
17 1 IrR
ESTIMATED
COSTS
Private (2)
0
0
1 Q
66,43-5
4-1900
Total
985$40,600
1@155,575
6@52,490
1,900
259,42055,595
@011,555
Total: $159,861- $1-M-,689 $290,550$67,150
1) Developer Installed Public Improvements. City to own and maintain after development complete.
2) Private - Property owner and/or property owners' association to maintain after
development completed.
Letter of
Credit Cash
Erosion Control @ $1,500/acre of which $1,000 is
Cash and the remainder is a letter of credit in the
Amount of
23,000 $1,000
Wetland Mitigation And Restoration will be held for
a five year monitoring period. $0 $0
Tree Preservation and Reforestation Letter of Credit $9,775 $0
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0
@00
X000
400
21"
16,137
1 Q
66,43-5
4-1900
Total
985$40,600
1@155,575
6@52,490
1,900
259,42055,595
@011,555
Total: $159,861- $1-M-,689 $290,550$67,150
1) Developer Installed Public Improvements. City to own and maintain after development complete.
2) Private - Property owner and/or property owners' association to maintain after
development completed.
Letter of
Credit Cash
Erosion Control @ $1,500/acre of which $1,000 is
Cash and the remainder is a letter of credit in the
Amount of
23,000 $1,000
Wetland Mitigation And Restoration will be held for
a five year monitoring period. $0 $0
Tree Preservation and Reforestation Letter of Credit $9,775 $0
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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 thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City
Engineer that work has been completed and financial obligations to the City have been satisfied, with
City Engineer approval the security may be reduced from time to time by eighty percent (80%) of the
financial obligations that have been satisfied. Twenty percent (20%) of the amounts certified by the
Developer's engineer shall be retained as security until: (1) all improvements have been completed,
2) iron monuments for lot corners have been installed, (3) all financial obligations to the City
satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is
provided, and (6) the public improvements are accepted by the City. The Cit,, shall requests
for reductions within 30 days of receiving_a request from the developer indicatingg completion of
work, provided the City is able to verify that the work has been completed.
27. 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 $ 16,000.00
Street Light Operating Fee 784.00
Administration of Development Contract 3,996.52
TOTAL CASH REQUIREMENTS LEVIED: $ 20,780.52
The City collected the above listed $20,780.52 cash requirement from the previous developer.
28. 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:
7925 Washington Avenue South #1-20
Ewa,NIN T34 9
Landmark Development of MN LLC
11200 Commerce Dr.
Champlin, MN 55316
29. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Plymouth
City Hall, 3400 Plymouth Boulevard, Plymouth, MN 55447.
The Developer shall notify the City within five (5) days of change of address.
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Page 16
CITY OF PLYMOUTH
SEAL)
AND
Kelli Slavik, Mayor
Laurie Ahrens, City Manager
DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2 , by and by the
Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2 , by the of
on its behalf.
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 17
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the
subject property, the development of which is governed by the foregoing Development Contract, affirm and
consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this day of
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
2
By:
Its:
The foregoing instrument was acknowledged before me this day of , 21 by
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 18
ATTACHMENT A
ASSESSMENT FOR CITY PROJECT NO.
Page 19
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that
the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
2_, by
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
day of
Page 20
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by the
foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this day of , 2
LI -A
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2 , by
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 21
reservedfor recording information)
DEVELOPMENT CONTRACT
Developer Installed Improvements)
LARKIN POND (2005078F)
AGREEMENT dated , 20, by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City"), and Landmark Development of MN LLC
the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for
Larkin Pond (referred to in this Contract as the "plat"). The land is situated in the County of
Hennepin, State of Minnesota, and is legally described as:
Lot 1 and that part of Lot 2 lying North of the South 130 feet thereof, Block 1, Glen
Grove Acres, Hennepin County, Minnesota
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the
Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within (180) days after the City Council approves the final
plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the
plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees,
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by
both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3)
the plat has been recorded with the Hennepin County Recorder's Office, and 4) the City's Community
Development Director has issued a letter that all conditions have been satisfied and that the Developer
may proceed.
4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved final plat unless required by
state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
Page 22
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.
5. 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
6. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping Required by Section 21130.03 of the Zoning Ordinance
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities
The improvements shall be installed in accordance with the City subdivision ordinance and the City's
Engineering Guidelines. 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's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a
mutually agreeable time at the 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
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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.
7. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall pay to the City
of Plymouth the costs of administering the Development Contract. 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, final
inspection and acceptance, project monitoring during the warranty period, and processing of requests
for reduction in security, for all public improvements covered by the development contract. The fee
for administrative costs is $3,996.52. The City of Plymouth collected the above listed administrative
costs from the previous developer.
8. 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.
9. 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
NPDES Perm its
MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
MnDNR for Dewatering and Work in Protected Waters
City of Plymouth for Building Permits
MCES for Sanitary Sewer Connections
City of Plymouth's Right -of -Way Permit
10. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
October 31, 2010, with the exception of the final wear course of asphalt on streets. The Developer
shall have the option of installing the wearing course of streets within one (1) year following initial
commencement of work on the required basic improvements or installing it after the first course has
weathered a winter season, consistent with warranty requirements. The Developer may, however,
request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date. Final wear course placement outside of this time frame must have the written approval of the
City Engineer. Landmark Development of MN LLC will install base course and final wear course
of asphalt for the street in the same season and is not required to wait for one weathered winter
season to install the final wear course.
11. 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.
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12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility
construction, and street construction is restricted to access the subdivision via Harbor Lane North. No
construction traffic is permitted on other adjacent local streets.
13. GRADING PLAN. The plat shall be graded in accordance with the approved Grading Drainage and
Erosion Control Plan, Plan "B". The plan shall conform to City of Plymouth standards. Within thirty
30) days after completion of the grading, the Developer shall provide the City with a "record"
grading plan certified by a registered land surveyor or engineer 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; d) top
and bottom of retaining walls.
All lots with house footings placed on fill must be monitored and constructed to meet or exceed
FHA/HUD 79G specifications. The developer must certify that this has been done correctly.
14. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan, Plan B, shall be
implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the Minnesota Pollution Control Agency's Best Management Practices. The City
may impose additional erosion control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of
the work or in an area that is inactive for more than five (5) days unless authorized and approved by
the City Engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in
accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched,
and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received 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 ten (10) days, the City may draw down the
security to pay any costs. No development, utility or street construction will be allowed and no
building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all street maintenance until the streets are accepted by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours. If and when streets become impassable, such streets shall be barricaded and closed. In
the event residences are occupied prior to completing streets, the Developer shall maintain a smooth
surface and provide proper surface drainage to insure 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
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
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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.
16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required
by this Contract, the improvements lying within public easements or right-of-way shall become City
property. Prior to acceptance of the improvements by the City, the Developer must furnish the
following affidavits:
Contractor's Certificate
Engineer's Certificate
Land Surveyor's Certificate
Developer's Certificate
certifying that all construction has been completed in accordance with the terms of this Contract.
All necessary forms will be furnished by the City of Plymouth. Upon receipt of affidavits and
verification by the City Engineer, 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 or a .DXF file prepared in accordance with City standards.
17. PARK DEDICATION. The Developer shall pay a cash contribution of $16,000 in satisfaction of
the City's park dedication requirements. The charge was calculated in accordance with Section 528
of the City's Subdivision Regulations. The cash fee shall be payable prior to the City's release of
the signed final plat mylars. 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 annually. The City of Plym ou th collected the above listed
park dedication fee from the previous developer.
18. 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 Section 25.F, curbing, and one lift of asphalt shall be installed on all public and
private streets serving the subject lot.
B. Wetland buffer monuments shall be placed in accordance with the City's zoning ordinance.
The monument design shall be approved by the Community Development Department. The
city will allow the issuance of building permits for two homes prior to installation of
wetland buffer monuments. All wetland buffer monuments shall be installed prior to May
30, 2010 and no certificates of occupancy will be issued until wetland buffer monuments are
installed.
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
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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 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 fee except for the willful misconduct or gross negligence of the City. No sewer
and water connection permits will be issued until the streets needed for access to each model
home have been paved with a bituminous surface and the utilities are tested and approved by
the City Engineer. No certificates of occupancy shall be issued until sewer and water
service is provided to these model homes.
19. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS Street name signs shall be
installed by the Developer. The signs shall be placed at all intersections or at such other locations
as designated by the City Engineer. All street name signs must be installed prior to final building
inspection approval.
The Developer shall install traffic control signs in accordance with the plan approved by the City
Engineer and Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). All signs must
be installed prior to final building inspection approval or earlier if necessary as determined by the
City Engineer.
20. STREET LIGHT OPERATION COSTS. The developer shall pay to the City the energy cost for
the first two years of operation. Two (2) lights at a yearly cost of $392.00 per year and a two year
cost of $784.00. 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 four (4) lots, which results in an estimated cost of $16.33 per lot per billing period. The rate
quoted above is dependent upon the operation costs for Xcel Energy under contract franchise with
the City of Plymouth. The City collected the above listed ,$784.00 of street likht operation costs
from the previous developer.
21. 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 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, and 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
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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 attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full force and effect even if the Developer sells one or
more lots, the entire plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per year.
G. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availability charges ("SAC"),
City water connection charges, City sewer connection charges, and building permit fees.
H. Landmark Development of MN LLC will not be required to pay any expenses the city
incurred from the previous developer.
22. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. The Developer shall post a $1,900 security for the final placement of all subdivision iron
monuments. The security was calculated as follows: 19 irons at $100.00 per iron. The
security will be held by the City until the Developer's land surveyor certifies that all irons have
been set following site grading and utility and street construction. In addition, the certificate of
survey must also include a certification that all irons for a specific lot have either been found
or set prior to the issuance of a building permit for that lot.
B. The Developer must obtain a sign permit from the City Building Official prior to installation
of any subdivision identification signs.
C. Other Requirements:
1. All hazardous trees shall be removed from the property at the owner's expense.
2. No building permits shall be issued until the final plat is filed and recorded with
Hennepin County.
3. The watermain shall be looped through the development.
4. Access shall be denied to all adjacent properties south of the subject site
5. No parking signage shall be installed at the location of turnaround.
6. Prior to the issuance of a grading permit, the applicant shall install tree
preservation fencing and such fencing shall be inspected and approved by City
staff.
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7. Prior to recording the final plat, the applicant shall receive approval of the fire
flow calculations.
8. Prior to issuance of a grading permit, the applicant shall revise the plans in
conformance with the Engineering Guidelines and as follows:
a.) Minimum floor elevations: Lots 1-4 Block 1 = 940.3.
b.) Show locations of wetland monument signs on the grading plan.
c.) Add a signature line for the City Engineer to the final plat mylars.
d.) Additional drainage and utility easement is required for Lot 1, Block 1 up to
elevation 938.3. Show on mylar final plat and grading plan.
e.) On page C4.3 Identify curb type. 136-18 is required for east edge of 10t1i
Avenue adjacent to storm sewer inlets.
f.) All off-site grading requires written approval from the affected private
property owners.
g.) Revise the connection for the existing driveway and trail on the west side of
the site to allow adequate driveway access including width and grades.
Replace ribbon curb with concrete cross gutter per city detail STRT-11.
h.) Remove curb depression detail 9 on page C7.3. Use City detail STRT-6 for
pedestrian curb ramp.
i.) Revise City detail W-1 updated in March 2006.
j.) Trees must be planted at least 10 feet away from all pipes.
k.) Revise City detail ST -3 to tie the last 6 joints on the storm sewer inlet and
outlet pipes.
1.) The lowest opening for Lot 9, Block 1, Harbor Woods must be 1.5 -feet
higher than the emergency overflow elevation of 946.5 located south of
10th
Avenue North.
9. Prior to recoding the final plat, the following easements are required:
a.) Standard drainage and utility easements (on the final plat): 1) a 10 -foot
drainage and utility easement adjacent to the street right-of-way, 2) a 6 -foot
easement for all side and rear property lines, 3) A 20 -foot drainage and
utility easement for the storm sewer pipe to the NURP pond, as well as the
outlet control structure, 4) a drainage and utility easement to the NURP
pond high water level, and 5) a drainage and utility easement for the
wetland south of the Luce Line Trail as shown on the Preliminary Plat dated
June 23, 2005.
b.) Access easements (separate documents): a 15 -foot access easement for
maintenance to the NURP pond. The grade in the access area shall not
exceed 15 percent and no plantings are permitted in the area.
10. Prior to recording the final plat, the applicant shall remove the existing homes and
accessory buildings (garages and sheds) from the property currently addressed as
1010 Harbor Lane North. The appropriate permits shall be required prior to
removal of the structures.
11. Prior to issuance of building permits, permanent wetland buffer monument signs
must be installed pursuant to ordinance requirements.
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23. 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. Developer shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its subcontractors or by one directly
or indirectly employed by any of them. Limits for bodily injury and death shall be not less
than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage
shall be not less than $200,000 for each occurrence; or a combination single limit policy of
1,000,000 or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage prior to the City signing
the plat. The certificate shall provide that the City must be given thirty (30) days advance
written notice of the cancellation of the insurance.
D. Third parties shall have no recourse against the City under this Contract.
E. 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.
F. 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.
G. 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.
H. 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
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
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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.
I. 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 ordinances,
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.
24. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in
an emergency as determined by the City, is first given notice of the work in default, not less than
forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be
necessary for the City to seek a Court order for permission to enter the land. When the City does any
such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
25. 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 either 1) a
warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for
twenty-five percent (25%) of the amount of the original cost of the improvements. The developer
shall submit a letter of credit in the amount of $9,486 for the one-year warranty period.
A. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject
to one (1) year from the date of final written acceptance.
B. The required warranty period for sod, trees, and landscaping is one growing season
following installation.
26. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
agreement, payment of special assessments, payment of the costs of all public improvements, and
construction of all public 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 $67,150. The amount of the security was calculated as follows:
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ITEM
Street Construction
Sanitary Sewer System
Watermain System
Storm Sewer System
Boulevard and Drainage Swale Sod
NURP Pond
Street Lights
Signs
Side Walk, Ped Ramps, & Bit Trail Connection
Landscaping
Improvements
Site Grading, Drainage Imp., & Site Demolition
Setting Iron Monuments
SUB -TOTAL:
Design, Admin., Insp., As-Builts, Fire Plan
Total:
Developer
Installed
1)
ESTIMATED
COSTS
Private (2) Total
40,600
1,635
0
1,350
0
0
0
525
1,520
5,575
2,490
1,900
55,595
11,555
67,150
1) Developer Installed Public Improvements. City to own and maintain after development complete.
2) Private - Property owner and/or property owners' association to maintain after
development completed.
Letter of
Credit Cash
Erosion Control @ $1,500/acre of which $1,000 is
Cash and the remainder is a letter of credit in the
Amount of
23,000 $1,000
Wetland Mitigation And Restoration will be held for
a five year monitoring period. $0 $0
Tree Preservation and Reforestation Letter of Credit $9,775 $0
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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 thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City
Engineer that work has been completed and financial obligations to the City have been satisfied, with
City Engineer approval the security may be reduced from time to time by eighty percent (80%) of the
financial obligations that have been satisfied. Twenty percent (20%) of the amounts certified by the
Developer's engineer shall be retained as security until: (1) all improvements have been completed,
2) iron monuments for lot corners have been installed, (3) all financial obligations to the City
satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is
provided, and (6) the public improvements are accepted by the City. The City shall process requests
for reductions within 30 days of receiving a request from the developer indicating completion of
work, provided the City is able to verify that the work has been completed.
27. 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 $ 16,000.00
Street Light Operating Fee 784.00
Administration of Development Contract 3,996.52
TOTAL CASH REQUIREMENTS LEVIED: $ 20,780.52
The City collected the above listed $20.780.52 cash requirement from the previous developer.
28. 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:
Landmark Development of MN LLC
11200 Commerce Dr.
Champlin, MN 55316
29. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Plymouth
City Hall, 3400 Plymouth Boulevard, Plymouth, MN 55447.
The Developer shall notify the City within five (5) days of change of address.
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Page 3 3
CITY OF PLYMOUTH
SEAL)
AND
Kelli Slavik, Mayor
Laurie Ahrens, City Manager
DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2 , by and by the
Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2 , by the of
on its behalf.
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 34
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the
subject property, the development of which is governed by the foregoing Development Contract, affirm and
consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that
portion of the subject property owned by them.
Dated this day of
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
2
By:
Its:
The foregoing instrument was acknowledged before me this day of , 21 by
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 3 5
ATTACHMENT A
ASSESSMENT FOR CITY PROJECT NO.
Page 36
MORTGAGE CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the
subject property, the development of which is governed by the foregoing Development Contract, agrees that
the Development Contract shall remain in full force and effect even if it forecloses on its mortgage.
Dated this day of , 2
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
2_, by
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
day of
Page 37
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed by the
foregoing Development Contract, hereby affirms and consents to the provisions thereof and agrees to be
bound by the provisions as the same may apply to that portion of the subject property in which there is a
contract purchaser's interest.
Dated this day of , 2
LI -A
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2 , by
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
Page 38
rp)City of Agenda 6mO5PlymouthNumber: +
Add,»g Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Richard C. Kline, Fire Chief
March 9, 2010 Reviewed by:
Item: Accept Fitness Equipment Donation
1. ACTION REQUESTED:
Approve the attached resolution accepting a donation of a Life Fitness T-5 Treadmill to the Fire
Department on behalf of the Plymouth Crime and Fire Prevention Fund.
2. BACKGROUND:
The Fire Department has been fortunate in acquiring physical fitness equipment for the use of
city employees. A member of the department has donated a treadmill to complement existing
equipment that has been in use for some time.
3. BUDGET IMPACT:
Minimal preventative maintenance cost is anticipated. Associated maintenance cost would be
assumed through the fire department workforce.
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
ACCEPTANCE OF DONATION FROM THE PLYMOUTH CRIME AND FIRE
PREVENTION FUND TO THE PLYMOUTH FIRE DEPARTMENT
WHEREAS, the Plymouth Fire Department supports a wellness initiative to ensure a
healthy, physically fit fire department workforce; and
WHEREAS, a member of our department has offered to donate a treadmill to
complement existing equipment to the PCFPF; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA that the donation is accepted from the
member of our department to the Plymouth Crime and Fire Prevention Fund.
Approved this 9th day of March, 2010.
Page 2
city of
Plymouth
Adding Qaahty to Life
To:
REGULAR
COUNCIL MEETING Prepared by:
Agenda
Number:
Laurie Ahrens, City Manager
Sandy Engdahl, City Clerk
6.06
March 9, 2010 Reviewed by: Cal Portner, Administrative Services Director
Item: Adopt amendment to Resolution No. 2009-271 regarding the
starting time for the August 10 Regular Council Meeting
1. ACTION REQUESTED:
Adopt attached Resolution No. 2009-271 amending the starting time for the August 10 Regular
Council Meeting.
2. BACKGROUND:
The Governor recently signed legislation that changed the date of the State Primary Election from
the second Tuesday in September to the second Tuesday in August. This legislation was due to new
Federal law mandating that all states be in compliance for sending absentee ballots to military and
overseas citizens 45 days prior to the General Election. Therefore, the State Primary Election will be
held on August 10 which is the same night as a regularly scheduled Council meeting. Staff is
recommending changing the start time of this meeting to 8:00 p.m. in order to be in compliance with
Minnesota Election Law.
3. BUDGET IMPACT:
There is no budget impact
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2010-
A RESOLUTION APPROVING AMENDMENT TO
RESOLUTION NO. 2009-271 APPROVING REGULAR
CITY COUNCIL AND BOARD OF EQUALIZATION MEETING DATES FOR 2010
BE IT RESOLVED by the Plymouth City Council that the following dates are established as
Regular Meetings of the Plymouth City Council for 2010:
January 12
January 26
February 9
February 23
March 9
March 23
April 13
April 27
May 11
May 25
June 8
June 22
July 13
July 27
August 10
August 24
September 14
September 28
October 12
October 26
November 9
November 23
December 14
BE IT RESOLVED that the 2010 Local Board of Equalization will be held on April 6, 2010, at 7:00
p.m., and the Local Board of Equalization Reconvene meeting on April 20, 2010, at 7:00 p.m.
BE IT FUTHER RESOLVED that the August 10 meeting will begin at 8:00 p.m. due to the State
Primary Election.
Approved this 9th day of March, 2010.
Page 2
rp)City of
Plymouth
Adding Quolity to Life
REGULAR
COUNCIL MEETING
March 9, 2010
Agenda 6.07Number:
To: Laurie Ahrens, City Manager
Prepared by: Bud Broekema, Sr. Engineering Technician
Reviewed by: Doran Cote, P.E., Director of Public Works
Update to the City of Plymouth Engineering
Item: Guidelines and Standard Detail Specifications
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution approving the City of Plymouth Engineering
Guidelines and Standard Detail Specifications as updated in 2010.
2. BACKGROUND:
The City of Plymouth Engineering Guidelines and Standard Detail Specifications is a document that
the Engineering Division uses to standardize engineering requirements for developers and engineers
performing work within the City of Plymouth. The document includes requirements, materials, and
standards that are to be used in the preparation of plans and specifications for City utilities, trails,
and street construction. Standard detail drawings are also included as required for the construction
of any items that will become part of the City's publicly -maintained infrastructure. The document
was last updated and approved by the City Council on February 26, 2008.
The Engineering Guidelines and Standard Detail Specifications were reviewed by all of the Public
Works divisions and have been updated to incorporate improved means of construction and
improved materials to provide an increased service life to the City's public infrastructure.
Modifications to the document are identified and considered based on experience, common practice
in similar communities, cost effectiveness and long term maintenance. The document has been
revised to modify standard detail drawings and to update current inspection testing procedures. In
addition, several minor corrections to clarify issues and update information to better reflect City
practices are included. The most significant changes are described below:
Changed small diameter water service material from copper to High Density Polyethylene
Pipe (HDPE) to increase longevity of the service.
Required installation of rubber bases on gate valve bonnets to reduce the need for future
cleaning of gate valves boxes.
Bituminous mix design specification changes to mirror MN/DOT's new 2360 specification.
3. BUDGET IMPACT:
None
4. ATTACHMENTS:
Significant text changes
Resolution
Page 1
3/01/2010
Recap of major changes to the 2010 City of Plymouth Engineering
Guidelines and Standard Detail Specifications
CITY OF PLYMOUTH ENGINEERING GUIDELINES:
Added no work allowed on Holidays without authorization.
CITY OF PLYMOUTH STANDARD SPECIFICATIONS FOR SANITARY SEWER
CONSTRUCTION:
PVC sanitary sewer pipe depth zone changes for type SDR26 from a maximum depth of use
of 21 feet to 26 feet deep.
Added an 1/1 barrier for use on sanitary sewer manholes manufactured by Adaptor Inc.
Revised standard detail SS -2 (Riser Service Connection) to minimize street disruption if the
service needs to be dug up.
CITY OF PLYMOUTH STANDARD SPECIFICATIONS FOR WATERMAIN:
Modified wall thickness standards for PVC watermain.
Required that a rubber base be installed on the gate valve bonnet to keep the valve box
clean.
Changed the "Small Diameter" watermain service pipe material from Copper to High Density
Polyethylene Pipe (HDPE) SDR -9.
CITY OF PLYMOUTH STANDARD SPECIFICATIONS FOR STORM SEWER:
No major changes
CITY OF PLYMOUTH STANDARD SPECIFICATIONS FOR STREET CONSTRUCTION:
Eliminated Detail Plate (Street Name Marker Specifications) this was a duplication of the
written specifications.
Bituminous mix design specification change to mirror MN/DOT's new 2360 specification.
Page Iof1
Page 2
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION TO
APPROVING 2010 CITY OF PLYMOUTH
ENGINEERING GUIDELINES AND STANDARD DETAIL SPECIFICATIONS
WHEREAS, the Public Works Department of City of Plymouth has prepared the Engineering
Guidelines and Standard Detail Specifications to standardize City engineering requirements; and
WHEREAS, the Engineering Guidelines And Standard Detail Specifications documents the
requirements, materials and standards that are to be incorporated into the preparation of plans and
specifications for sanitary sewer, storm sewer, watermain, trails and street construction within the City
of Plymouth to provide for quality construction; and
WHEREAS, the document is updated periodically to include new and improved materials,
construction practices and standards to improve the quality of public construction within the City of
Plymouth.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA that it approves the City of Plymouth Engineering Guidelines
And Standard Detail Specifications, dated March 2010.
APPROVED THIS 9TH DAY OF MARCH, 2010.
Page 3
rp)City of Agenda 6m08PlymouthNumber:
adding quality to Life
REGULAR
COUNCIL MEETING
March 9, 2010
To:
Laurie Ahrens, City Manager through
Doran Cote, P.E, Director of Public Works
Prepared by: Dave Taylor, Senior Engineering Technician
Reviewed by: Doran Cote, P.E., Director of Public Works
2010 Street Sweeping Program
Item: City Project No. 10016
ACTION REQUESTED:
Make a motion to adopt the attached resolution approving plans and specifications and
ordering advertisement for bids for the 2010 Street Sweeping Program, City Project No.
10016.
2. BACKGROUND:
In previous years, the street sweeping program combined both mechanical and regenerative
street sweepers. An initial mechanical sweeping was used to remove large debris and winter
sand from the roadways, after which regenerative sweepers were used for the collection of
fine and lighter materials. The newer regenerative sweepers have the ability to pick up the
larger debris as well as the finer materials, thus not requiring an initial mechanical sweep.
This program will consist of three (3) sweeps, the first beginning towards the end of April,
weather permitting. Two (2) more sweeps will occur during the summer, with the final sweep
to be done before the leaves fall. The objective is to get the materials off the streets before the
spring rain washes the sediment into the City's storm sewer system. Considering the cost,
total phosphorus and sediment removed, the regenerative sweeping program has been a very
effective program. Staff will continue to test the street sweepings for total phosphorous
content. Test results will help the City to better evaluate the effectiveness of the street
sweeping.
As part of the bid process, staff requests that the vendor provide additional information such
as previous experience and an opportunity to inspect their regenerative air sweeper
equipments. The project specification also requires a "Responsible Bidder Evaluation" prior
to an award of this contract, to ensure the best contractor has been identified for the City's
interest.
3. BUDGET IMPACT:
The project cost would be funded from the Water Resources budget. The 2010 approved
Water Resources Budget includes $150,000 for street sweeping.
4. ATTACHMENT:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING
PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
2010 STREET SWEEPING PROGRAM
CITY PROJECT N0. 10016
WHEREAS, plans and specifications have been prepared by the City's Engineering Staff, for
the 2010 Street Sweeping Program in the City of Plymouth and said plans and specifications have been
presented to the Council for approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE 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. 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 April 6, 2010 at which time they will be publicly opened at the
Plymouth City Hall at 3400 Plymouth Blvd., 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.
Adopted by the City Council on March 9, 2010.
Page 2
rp)City of Agenda 6 . 0 9PlymouthNumber:
dddfng Quality to Life
REGULAR
COUNCIL MEETING
February 10, 2009
To: Laurie Ahrens, City Manager
Prepared by: Kip Berglund, HRA Specialist
Reviewed by:
Item:
1. ACTION REQUESTED:
James Barnes, Housing Programs Manager and Steve Juetten,
Community Development Director
2010 Community Development Block Grant (CDBG) Program
Year Allocation
Adopt the attached resolution approving the allocation of $263,200.00 of CDBG funds and
authorizing the submittal of an application to the U.S. Department of Housing and Urban
Development (HUD) for the 2010 CDBG funds as recommended by the Plymouth Housing and
Redevelopment Authority (HRA).
2. BACKGROUND:
The Department of Housing and Urban Development (HUD) has not yet sent notification of the official
funding amount for the 2010 Community Development Block Grant (CDBG) program year. However, it
is anticipated that HUD will allocate approximately $263,200.00; which is the same level of funding as
the 2009 program year. The 2010 program year begins on July 1, 2010 and runs through June 30, 2011.
In order to determine the funding needs for program year 2010, staff evaluated the mid -year progress of
the 2009 CDBG funded activities.
The HRA administers three programs internally with CDBG funds. The First Time Homebuyer
FTHB), Housing Rehabilitation, and Affordable Housing Development account. Funds are also
used to fund six social service agencies and some of the funds set aside for administration and fair
housing activities.
First Time Homebuyer Program — The FTHB funding is lower than in previous years due to the
program income received last year. Staff recommends allocating $75,000.00 to the First Time
Homebuyer program. This $75,000.00, plus an estimated $20,000.00 in repayments and a carryover
of funds from the 2009 program year allocation of $50,000.00 will provide a total of $145,000.00
available for the 2010 program year.
Housing Rehabilitation Program - There are two types of Housing Rehabilitation assistance
programs available to eligible homeowners, deferred loans and small repair grants. The Housing
Rehabilitation Deferred Loan is available to low and moderate -income households to maintain,
repair, and improve their homes. The program provides up to $20,000.00 for eligible repairs through
a deferred zero interest loan that will be forgiven after 20 years if the homeowner continues to own
and occupy the home. The Small Repair Grant is a pool of funds set aside within the program to be
used for small and emergency repairs for qualifying homeowners. The program allows a maximum
Page 1
of $5,000.00 in grant funds to be used for emergency and small repairs for qualifying seniors age 55
or older.
Staff recommends allocating $75,000.00 to this program in 2010. This $75,000.00, plus an estimated
20,000.00 in repayments and a carryover of funds from the 2009 program year allocation of
30,000.00 will provide a total of $125,000.00 available for the 2010 program year.
Affordable Housing - The third program that CDBG administers is the Affordable Housing
Development account which assists with the development of affordable rental / owner -occupied
units. In previous years these funds have assisted primarily rental projects such as the one proposed
by Hammer Residences. Hammer has a long history of working with the City and the HRA to
provide housing assistance to their clientele. Therefore staff is recommending funding of
30,000.00 be allocated to Hammer Residences. Hammer Residences will use the funds to remodel
two homes. The improvements will include replacing windows and adding a fire sprinkler system.
Social Service - CDBG regulations limit the amount of funds that can be spent on "public service"
activities. Public service activities are those activities "which are directed toward improving the
community's public services and facilities" to serve low- and moderate -income clientele. The
regulations stipulate that public service funding may not exceed 15% of the City's total allocation
263,200.00), plus 15% of the previous year's program income ($125,000.00).
Staff mailed out eight CDBG applications. Five of the organizations are current CDBG sub -
recipients; Community Action Partnership of Suburban Hennepin (CAPSH), Family Hope Services,
HOME Line, People Responding in Social Ministry (PRISM), and YMCA POINT Northwest. One
is a new sub -recipient. Senior Community Services (SCS) is requesting funds for the first time
through the Plymouth CDBG program. JVS — a division of Jewish Family Services did not apply for
funding. Staff evaluated and ranked the individual proposals based on the following criteria:
Program/Project Feasibility: "Project Overall Feasibility" refers to the likelihood that the
proposed project may be completed within the timeline proposed and within reasonable
parameters of risk.
Organizational Capacity: "Organizational Capacity" refers to the likelihood of the organization
being able to complete the proposed project.
Leverage of Other Funds: "Leverage of Other Funds" refers to the extent to which the proposal
demonstrates the involvement of local partnerships and the extent to which other funds are
leveraged; including contributions from philanthropic, public, and private organizations and/or
local employers, as well as in-kind contributions.
Consistency with the goals and priorities outlined in 2005-2009 Consolidated Plan adopted by
the Hennepin County Consortium.
To remain consistent with previous years, staff recommends allocating $53,965.00 among the six
public service applicants, which is slightly less than 15% of the 2010 allocation with program
income ($58,230.00).
Community Action for Suburban Hennepin (CAPSH) 20,000.00
Family Hope Services 10,000.00
HOME Line 8,000.00
Northwest Branch YMCA, Point Northwest Program 8,000.00
People Responding in Social Ministry (PRISM) 3,500.00
SCS — Senior Community Services 4,465.00
Total $53,965.00
Page 2
Administration - CDBG regulations limit the amount of funds that can be spent on administration
to no more than 20 percent of the total allocation, (approximately $52,640.00) for the 2010 program
year. Staff anticipates using approximately $32,235.00 for administration in 2010. Unexpended
funds of $8,000 are anticipated to be carried over from the 2009 program year and therefore staff is
requesting $24,235.00 be budgeted for administration.
Fair Housing Activities - Plymouth participates in the Hennepin County Consortium Fair Housing
Initiative. The initiative addresses the impediments identified in the Analysis of Impediments to Fair
Housing (AI) that were previously prioritized by the Consortium, and describes actions and
accomplishments during the report year to address each. For the 2010 program year it is
recommended that the Plymouth HRA provide $5,000 of CDBG funds toward this collaborative
effort.
On February 25, 2010 the Plymouth HRA held a public hearing to consider citizen comments as to
the use of 2010 CDBG funds. Representatives of various non-profit agencies attended. The HRA
approved the attached resolution and requested the City Council confirm their recommendation.
3. BUDGET IMPACT:
There is no direct financial impact to the City or the HRA. The anticipated amount of $263,200.00
comes from the City's participation in the CDBG program, which requires the City to submit an
application for these funds.
4. ATTACHMENTS:
1. HRA Staff Report and Resolution
2. Draft City Council Resolution Pertaining to 2010 CDBG Allocation of Funds and Application
Page 3
A.
ffA0aA -A
Agenda Number IM0 0 17%
PLYMOUTH HOUSING AND
REDEVELOPMENT AUTHORITY
STAFF REPORT
TO: Plymouth Housing and Redevelopment Authority
FROM: Kip Berglund, HRA Specialist through Jim Barnes, Housing Programs
Manager and Steve Juetten, Executive Director
MEETING DATE: February 25, 2010
SUBJECT: Community Development Block Grant (CDBG) - Public hearing
on 2010 CDBG program year allocation with recommendation to
the City Council
BACKGROUND:
At the time this staff report was written, the official finding amounts for the 2010 Community
Development Block Grant (CDBG) program year had not been released by the Department of
Housing and Urban Development (HUD), However, it is anticipated that HUD will allocate
approximately $263,200 in CDBG funds to the City of Plymouth for the 2010 program year. The
2010 program year begins July 1, 2010 and runs through .Tune 30, 2011. In order to determine
the funding needs for the 2010 program, staff evaluated the mid -year progress of the 2009 CDBG
funded activities. The following chart shows the 2009 program year goals, as submitted to HUD,
along with our present progress:
2009 CDBG ACTION PLAN GOALS AND PROGRESS:
Goals Progress made 2009 Budget Expended as Balance as
through 12131/09 of 12/31109 of 12131109
Provide 4 housing 8 rehab projects 203,522.32* 62,340.01 141,182.31*
rehabilitation deferred completed, and 2
loans (HRA) housing rehab deferred
loans in progress
Provide 5 first time 4 first time homebuyer 289,831.52* 96,491.89 193,339.63*
homebuyer deferred loans deferred loans issued
HRA)
Page 4
Goals Progress made 2009 Budget Expended as Balance as
through 12/31/09 of .12/3.109 of 12/3.1/09
Assist with the 1 unit completed 15,000.00 0.00 15,000.00
development of affordable
rental / owner -occupied
units (HRA)
Provide 91 households 41 households served 15,000.00 0.00 15,000.00
homeownership and
foreclosure educational
through CAPSH
Provide services to 215 154 households served 8,000.00 0.00 8,000.00
renter households through
HOME Line
Provide 800 rides to 555 rides 3,500.00 0.00 3,500.00
Plymouth residents
through PRISM Express
Assist 90 homeless and 37 youth served 7,500.00 0.00 7,500.00
near -homeless youth
through YMCA
Provide services to 150 at- 255 youth served 6,000.00 0.00 6,000.00
risk youth through Family
Hope
Provide career counseling 10 individuals served 2,000.00 0.00 2,000.00
and assessment services
for the stabilization of
employment of 15
individuals through 7VS
Fair Housing Activities Outreach, education 2,000.00 0.00 2,000.00
and enforcement j
activities in the
Consortium
Administration of CDBG Administration 30,575.69 10,511.40 20,064.29*
Activities j
TOTALS: 582,929.53* 169,343.30 413,586.23*
These figures include unexpended tends tronr previous program years and/or program income received
to date.
FUNDING RECOMMENDATIONS FOR HRA ADMINISTERED PROGRAMS:
Throughout 2009, staff did considerable marketing of the First Time Homebuyer Program,
Housing Rehabilitation Program and Foreclosure Prevention. We continue to market the
programs and anticipate that we will be close to meeting and perhaps exceeding our goals for
2009. It should be noted that we had a number of repayments ($125,000) of previous loans,
particularly from the First Time Homebuyer program and we do anticipate carry-over funds for
both the First Time Homebuyer and Rehabilitation programs.
2
Page 5
The HRA administers three programs internally with CDBG funds; including the First Time
Homebuyer, Housing Rehabilitation, and Affordable Housing Development account. The First
Time Homebuyer program has assisted an average of eight households per year over the past five
years.
There are two types of housing rehabilitation assistance programs available to eligible
homeowners, deferred loans and small repair grants. The Deferred Loan program is available to
low and moderate -income households to maintain, repair, and improve their homes. The Small
Repair Grant program is used for small and emergency repairs for qualifying seniors age 55 or
older. The Housing Rehabilitation program assisted an average of seven households per year
over the past five years.
Both the First Time Homebuyer and Home Rehabilitation programs generate income from the
repayment of loans. As indicated above, we have experienced a rather large amount of
repayments over the past year or so. Due to the status of the housing market it is difficult to
predict the amount of program income we will receive for the 2010 program year and therefore
staff is conservatively budgeting $20,000 of program income for each program.
In the 2010 program year budget, staff recommends providing $75,000.00 to the First Time
Homebuyer (FTHB) program and $75,000,00 to the Housing Rehabilitation (Rehab) program.
The FTHB funding is lower than in previous years due to the program income received last year.
The Rehab funding is being increased over last year's allocation by approximately $25,000. We
are requesting this increase because of the volatility to the housing market and the increase in
inquiries about housing rehabilitation over the past six months. Staff believes the allocations
listed above along with the carry-over of 2009 funds will sufficiently meet the needs of these two
programs.
The third program that CDBG administers is the Affordable Housing Development account
which assists with the development of affordable rental / owner -occupied units. In previous
years these funds have assisted primarily rental projects such as the one proposed by Hammer
Residences. Hammer has a tong history of working with the City and the HRA to provide
housing assistance to their clientele. Therefore staff is recommending funding of $30,000,00 be
allocated to Hammer Residences, Hammer Residences will use the funds to remodel two homes.
Improvements include replacing windows and adding a fire sprinkler system. These
improvements will make the homes safer, more energy efficient and more livable for people with
disabilities.
CDBG regidations limit the amount of funds that can be spent on adininistration to no more than
20 percent of the total allocation, (approximately $52,640) for the 2010 program year. Staff
anticipates using approximately $32,235.00 for administration in 2010. Unexpended funds of
8,000 are anticipated to be carried over from the 2009 program year and therefore staff is
requesting $24,235.00 be budgeted for administration.
Page 6
Housing Proposed Activity Estimated 2010 2010 Funding Total Amount
Program 2009 Funds Estimated Recommendations Available
Carried Over Program
to 2010 Income
Housing Provide 4 housing 30,000.00 20,000.00 75,000.00 125,000.00
Rehabilitation rehabilitation loans to
Deferred Loan income -eligible
Program households. Provide 2
small repair grant.
First Time Provide 5 loans to assist 50,000.00 20,000.00 75,000.00 145,000.00
Homebuyer with down payment and
Deferred Loan closing costs.
Program
Affordable Assist with development 0.00 NA 30,000.00 30,000.00
Housing of affordable rental —
Development owner occupied units
Fair Housing Outreach, education and 0.00 NA 5,000.00 5,000.00
Activities enforcement activities in
the Consortium
CDBG Administration 8,000.00 NA 24,235.00 32,235.00
Administration
Total: 881000.00 40,000.00 5209,235.00 337,235.00
FUNDING RECOMMENDATIONS FOR PUBLIC SERVICES:
CDBG regulations limit the amount of funds that can be spent on "public service" activities.
Public service activities are those activities "which are directed toward improving the
community's public services and facilities" to serve low- and moderate -income clientele. The
regulations stipulate that public service funding may not exceed 15% of the City's total
allocation ($263,200.00), plus 15% of the previous year's program income ($125,000). For the
2010 program year, Plymouth cannot fund public service activities in excess of $58,230.00.
Staff recommends allocating $53,965.00 among the six public service applicants, which is
slightly less than 15% of the 2010 allocation with program income.
Staff mailed out eight CDBG applications and six applications were returned. Five of the
organizations are current CDBG sub -recipients and one is a new sub -recipient. Senior
Community Services (SCS) is requesting fiords for the first time through the Plymouth CDBG
program. A detail of their request is listed below. Staff evaluated and ranked the individual
proposals based on the following criteria:
Program/Project Feasibility; "Project Overall Feasibility" refers to the likelihood that the
proposed project may be completed within the timeline proposed and within reasonable
parameters of risk.
4
Page 7
Organizational Capacity: "Organizational Capacity" refers to the likelihood of the
organization being able to complete the proposed project.
Leverage of Other Funds: "Leverage of Other Funds" refers to the extent to which the
proposal demonstrates the involvement of local partnerships and the extent to which other
funds are leveraged; including contributions from philanthropic, public, and private
organizations and/or local employers, as well as in-kind contributions.
A summary of each application and the staff ranking of the applications are attached. The total
amount of public service fluids requested was $53,965.00, which means we will be able to Rind
all of the social service agencies at their requested amount.
Staff also reviewed the City's 2010 Budget for commitments to human service agencies to
ensure no duplications are made of City General Rinds and CDBG fluids. The 2010 Budget
includes $109,450 in funding for ten human service agencies. There are two duplicate agencies;
PRISM and Senior Community Services. The City's funding for PRISM is allocated for their
food shelf program. Senior Community Services (SCS) is requesting funding for the one of the
two programs funded by the City.
SCS's HOME program assists seniors in the community with small household projects such as
mowing, painting and cleaning up properties. While this is a duplicate service, the funds from
the CDBG program will be used to assist new and additional seniors. CDBG regulations require
that new social service agencies to increase there total number of program participants over and
above what they have done in the previous year. SCS has indicated that they will increase their
residents served in Plymouth by 5. Staff will monitor this throughout the year to verify they
have met their target in order to ensure compliance with CDBG regulations.
The following table is a summary of the public service funding requests and the amount of
funding recommended by staff:
Public Service Proposed Activity Anzount Recommended
Requests: (in order Requested Funding
of'ranking)
CAPSH Provide foreclosure prevention, tenant, 20,000 20,000
rehab, pre -purchase and reverse
mortgage counseling to 91 households.
PRISM Express Provide transportation services 3,500 3,500
providing 800 rides to Plymouth
residents.
HOME Line Provide tenant hotline, tenant 8,000 8,000
representation in negotiations to
preserve affordable housing to 215
households.
YMCA Provide counseling, case management, 8,000 8,000
crisis intervention, street based
outreach, shelter, and referral services to
90 youth.
5
Page 8
Family Hope Provide weekly support group services 10,000 10,000
Services and one-to-one mentoring with 320 at -
risk youth.
Senior Community Provide minor home maintenance 4,465 4,465
Services (SCS) services for 5 Plymouth residents.
Total: 53,965 53,965
I recommend that after holding the scheduled public hearing and considering any public .
comments the Board review staff's proposed uses for 2010 CDBG funds and adopt the
attached resolution providing a recommendation to the City Council for adoption of its
2010 CDBG program funding.
Attachments:
1. Resolution 2010-01
2. List of Applicants Solicited for 2010 CDBG Public Service Applications
3. Summary of 2010 CDBG Public Service Funding Applications
4. 2010 CDBG Public Service Staff Ranking and Ranking Criteria
5. Draft 2010 Action Plan
Page 9
CITY OF PLYMOUTH
HRA RESOLUTION 2010-01
A RESOLUTION TO APPROVE THE APPLICATION AND ALLOCATION OF FISCAL
YEAR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Plymouth anticipates receiving a Community Development Block Grant
CDBG) funding allocation of $263,200.00 for CDBG fiscal year 2010; and
WHEREAS, on February 25, 2009, the Plymouth Housing and Redevelopment Authority held a
duly constituted public hearing to allow interested parties to express their opinion; and
WHEREAS, the Housing and Redevelopment Authority in and for the City of Plymouth, MN has
determined the following to be an appropriate use of Community Development Block Grant fiends
in accordance with federal guidelines and the City's HUD approved Consolidated Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT
AUTORITY OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby recommends that the
City Council authorize the City Manager to apply for 2010 Community Development Block Grant
Rinds totaling $263,200.00 from the U.S. Department of Housing and Urban Development with the
following allocations:
1. Housing Rehabilitation Grant/Loans
2, First Time Homebuyer Assistance Program
3. Community Action Partnership of Suburban Hennepin (CAPSH)
4. Family Hope Services
5. HOME Line
6. Northwest Branch YMCA, Point Northwest Program
7. People Responding in Social Ministry (PRISM), Express Program
8. Senior Community Services (SCS)
9. Program Administration
10. Affordable IIousing Development
11. Fair Housing Activities
Total
75,000.00
75,000.00
20,000.00
10,000.00
8,000.00
8,000.00
3,500.00
4,465.00
24,23 5.00
30,000.00
5,000.00
263,200.00
BE IT FURTHER RESOLVED, that any increase or decrease in the anticipated funding amount for
the 2010 CDBG fiscal year will be split equally between the 2010 Housing Rehabilitation and First
Time Homebuyer Programs.
BE IT FURTHER RESOLVED, that it is hereby recommended to the City Council that all CDBG
program income may be used to cover expenses generated in any existing CDBG program or
activity and not just expenses related to the activity generating the income, unless otherwise
reallocated by the City Council.
BE IT FURTHER RESOLVED, that it is hereby recommended to the City Council that all
unexpended 2009 CDBG funds be allocated to the same program activity in 2010, unless otherwise
reallocated by the City Council.
Approved this 25`x'
day of February, 2010 by the Plymouth Housing and Redevelopment Authority
Page 10
List of ALyencies Solicited for 2010 Public Service Applications
Community Development Housing Division)
Agency
Community Action Partnership of Suburban Hennepin (CAPSH) — CDBG
Family Hope Services — CDBG
HOME Line -- CDBG
Interfaith Outreach and Community Partners (IOCP) -- CDBG
Jewish Family and Children's Service of Minneapolis (JVS) - CDBG
Northwest Branch YMCA — CDBG
People Responding In Social Ministry (PRISM) — CDBG
Senior Community Services — CDBG
Page 11
Summary of 2010 CDBG Public Service Funding Applications
Community Action Partnership -of -Suburban Hennepin (CAPSH)
CAPSH's application is to continue its Full -Cycle Homeownership Services to residents of
Plymouth. Their services include foreclosure prevention, home rehab advice, pre -purchase
homebuyer counseling, and reverse mortgage counseling services. The current housing
market continues to see an increased rate of foreclosures. CAPSH's Foreclosure Prevention
program seeks to assist homeowners to maintain their homes — if possible- or to obtain
appropriate housing if the home cannot be saved. CAPSH provide services that contribute to
the economic health of our community, are needed in the City of Plymouth and are required
as part of participating in our First Time Homebuyer and Housing Rehabilitation loan
programs. The goals set for the 2010 program year indicate a significant increase in the
number that will be served.
Family Hope Services
Family Hope Services' proposes to continue its weekly preventative programs structured to
mentor, befriend and positively guide at -risk youth ages 11 to 18. There are two support
groups that meet on a weekly basis and are held year-round. Tuesdays the general support
group meets and on Thursdays the going Deeper Program meets. Staff provide follow-up
with the youth through one-to-one mentoring contact during the week. The Plymouth
TreeHouse program anticipates the service levels of operation in 2010 for youth to increase.
In review of Family Hope Services' file and application they have done well in providing the
required documentation and meeting the program objectives.
Senior Community Services {SCS)
SCS's application is to provide outside maintenance for the elderly through their Household
and Maintenance for Elderly (H.O.M.E.) program. H.O.M.E. services include: Iawn
mowing, snow removal, exterior interior painting, seasonal outdoor work (raking, pruning,
weeding, mulching), minor repairs (leaky faucets, door handles, replace light bulbs),
disability related projects (installing grab bars) and homemaking (dishwashing, laundry,
grocery shopping, meals and cleaning). SCS presented a strong application and showed that
there is a direct need for this program in the City. The goals set for the 2010 program year
indicate the numbers served and hours served will increase. The application showed SCS
have leveraged many other resotuces to support their program as well.
Page 12
PRISM Express
PRISM's application is to provide "curb to .curb" transportation services to residents of
Plymouth and the surrounding communities of Golden Valley, Crystal, New Hope,
Robbinsdale, and Brooklyn Center. The service is designed to meet transportation needs of
low-income elderly and disabled residents of these suburbs. PRISM's application shows a
strong organizational capacity including qualified staff and program success. The application
also indicates that they have sought numerous resources to fund this program.
ROME, rine
HOME Line's application is to operate a tenant hotline staffed by three attorneys, a tenant
advocate and volunteer phone advocates, primarily law students. The hotline received over
11,000 calls last year and over 95% of the callers are low or very low income. For over 15
years they have provided legal representation to renter families faced with eviction as part of
their Homeless Prevention Program. In addition, the staff attorneys make presentations on
the realities of becoming a renter to area high school students. The need and financial
feasibility of the program was very defined and showed that the program would have an
impact in the City. The application also showed they have leveraged many other resources to
support their program.
a Northwest YMCA, POINT Northwest
YMCA's application is to provide services to youth and their families who have runaway
from home, been kicked out, when they have become homeless, or are experiencing stress
from family crisis. They provide outreach, crisis intervention, counseling, family
reunification, shelter services, and mediation services to homeless and vulnerable youth
through the POINT Northwest program. This program works collaboratively with the middle
and high schools in Plymouth as well as the Plymouth Police Department. They have
leveraged other resources to support their program and the goals set for the 2010 program
year indicate a steady need in the number of youth that will be served.
CD11-iousing/HRA/Stat'fRcp/HkA/2010/ActionYlan/ Summary of public scry apps
Page 13
2010 CDBG Public Service Staff Rankinq
Applicants: CAPSH Family HomeLine PRISM SCS YMCA
Hope
Evaluation Criteria
Program Feasibility:
5 5 4.5 3 4.5 4.5
Program needed in Plymouth
Program financially feasible 5 4 4 4.5 4 4
Program will have significant 5 4.5 4 4 3.5 4.5
impact
Organizational Capacity:
Organization has strong & 5 5 3.5 4.5 5 5
expected ongoing capacity to
complete program
Organization had capacity to
meet CDBG & reporting 5- 3 5 4 3 4
requirements
Organization has successfully
completed similar programs
5 4.5 4-5 5 4.5 5
Organization has sufficient,
5 4 5 4.5 4 5
qualified staff for program
Leveraging Ability:
Leverage of other funds, in- 5 5 5 5 5 5
kind donations, and
partnerships
Other:
POINT TOTAL 40 35 35.5 34.5 33.5 37
A)/housing/HRA1CDBG/Forms1CDBG Public Service Staff Rank-ing
2010 CDBG Public Service Staff Ranking
Evaluation Criteria 5 3 1
Program Feasibility:
Program needed in Plymouth Only service in area and proven client Service may be provided by others Service provided by others as well
base but client base documents need for and minimal client base or no
multiple service providers documented need
Program financially feasible Funding sources documented, Funding sources documented but Funding sources, commitments, and
indicating exact level of commitment commitment/time frame not well time frame for expending not well
and time frame for expending funds, documented. Percentage of funds = documented. Percentage of Plymouth
Percentage of Plymouth funds <= percentage of Plymouth service funds > percentage of Plymouth
percentage of Plymouth service service
Program will have significant impact Program's anticipated results Program's anticipated results are Program's anticipated results do not
addresses the identified need reasonable to the identified needs address the identified needs
Organizational Capacity
Organization has strong & expected Organization has 10+year history and Organization has 5-10 year history Organization has less than 5 year
ongoing capacity to complete staff dedicated to the program with staff dedicated to the program history or no staff dedicated to the
program program
Organization has capacity to meet Organization has procedures in place Organization has reporting Organization has improper reporting
CDBG and reporting requirements that demonstrate timely and accurate procedures in place that demonstrate procedures and has never worked
reporting and has worked with HUD adequate reporting and has worked with HUD grants before
grants before indicating and with HUD grants before
understanding of HUD grant
requirements
Organization has successfully Organization has operated same Organization has operated similar Organization has not operated similar
completed similar programs program with good audit reports and program with adequate audit reports program and has not assisted a client
assisted large client base and assisted medium client base base of a similar type
Organization has sufficient, qualified Organization has well trained and Organization has sufficiently trained Organization has inadequate staffing
staff for the program experienced staff and supervisory staff appropriate to the service or for the service and clients
staff appropriate to the service and clients
clients
Leveraging Ability:
Leverage of other funds, in-kind Application identifies leveraged funds, Application identifies leveraged funds, Application identifies no leveraged
donations, and partnerships in kind donations and partnerships in kind donations and partnerships funds, in kind donations or
amounting to at least 2:1 ratio of amounting to a match of funds partnerships
funds requested requested
Other:
uurhousing/HHJLV( t)tU/l —orms/Kankmg Unteria
2010 ACTION PLAN
FOR THE CITY OF PLYMOUTH
Executive Summary
The City of Plymouth is a Cominunity Development Block Grant (CDBG) entitlement
community. CDBG funds are allocated to the City directly from the U.S, Department of Housing
and Urban Development (HUD). The city remains a part of the Hennepin County Consortium
for purposes of the Five -Year Consolidated Plan and HOME funding,
Of the total 2010 CDBG budget (2010 estimated allocation of $263,200.00 and $40,000 in
program income), $220,000.00 will be used for affordable housing. $53,965.00 of the program
income and the city's allocation will be used for family, senior and youth services. $5,000 of the
city's allocation is for fair housing activities and $24,235.00 is allocated for'the administration of
the CDBG program. We also anticipate carry-over funds in the first Time Homebuyer (FTHB)
program of $50,000.00 and the rehab program of $30,000.00 from the 2009 program year.
The city has allocated 2010 CDBG funds to address -the following objectives:
Sustainability of Decent Housing
o Rehabilitation of four owner -occupied homes with incomes up to 80 percent of the
HUD CDBG income limit. The program allows an additional $10,000.00 in loan funds
to be used specifically for accessibility improvements and/or lead and asbestos
abatement.
o Two households with at least one member who is over the age of 55, and own their
own home, will be assisted with a one-time maximum grant amount of $5,000 through
a Emergency Repair Grant to assist with eligible repairs in situations where the
immediate health or safety of the occupants of the home is threatened.
o Hammer Residences will receive funds to remodel two of their homes to accommodate
accessibility needs of their clientele, add a fire sprinkler system and replace windows.
2. Affordability of Decent Housing
o Assist five low-income households purchase their first homes.
3. Availability/Accessibility of Suitable Living Environment
o Community Action Partnership of Suburban Hennepin receives CDBG funds as part of
public services funding to provide first time homeownership workshops and counseling
services, workshops and mortgage foreclosure counseling, housing rehabilitation
counseling, and weatherization assistance to 125 Plymouth households.
o HOME Line receives CDBG funds as part of public services funding for their tenant
advocacy work. They expect to assist at least 215 Plymouth renter households. They
will provide tenant counseling, tenant representation in landlord/tenant negotiations to
preserve affordable housing, prevent at least 10 evictions within the city of Plymouth,
and speak to 4 high school classes, educating 120 students on becoming a renter.
o PRISM receives CDBG fields as part of public services funding for senior services
which will provide 800 rides to low-income persons for medical appointments and
other needs.
Page 16
o YMCA receives CDBG funds as part of public services funding for youth services and
expect to serve 90 homeless youth and youth at risk of homelessness.
o Family Hope receives CDBG fiends as part of public services funding and 320 youth
will be provided with weekly support groups and one-to-one mentoring relationships.
o Senior Community Services (SCS) operates the H.O.M.E (Household and Outside
Maintenance for Elderly) program to help seniors stay in their home with dignity. In
2009 H.O.M.E. served 25 Plymouth seniors and provided 743 hours of service. It is
anticipated that H.O.M.E. will increase the number of seniors served to 30 and hours of
service will be increased in 2010.
The 2010 numbers indicate that all of the organizations are steadily approaching or have
exceeded their expected annual performance goals. The rehabilitation program, administered by
the City of Plymouth, anticipates having four projects in progress but not completed.
The City of Plymouth is part of the Hennepin County consortium, and therefore the city's action
plan is part of the Hennepin County Consortium Action Plan. The city follows Hennepin
County's Citizen Participation Plan, which calls for the Hennepin County Consortium Action
Plan to be available for public cormnent 30 days prior to a public hearing before the Hennepin
County Board. The Plymouth Housing and Redevelopment Authority held their own public
hearing on February 25, 2010 and allowed the public to comment on the proposed activities.
Resources Available to Address Community Development and Housing Needs
The HRA intends to vigorously pursue all possible resources to address 2014 program year
activities. The following list provides information on other sources of funds that are used for
community development and housing programs within the City of Plymouth.
Federal Resources
CDBG: The City of Plymouth has used this resource since 1976 to provide lower income
persons with a variety of affordable housing programs. Any program income received from
repayments of CDBG funded programs will be used to cover expenses generated in an
existing CDBG program or activity and not just expenses related to the activity generating the
income, as authorized by the City Council.
Section 8 Rental Vouchers: Currently the Plymouth HRA has funding for 225 vouchers
including 30 vouchers for non -elderly disabled and 18 enhanced vouchers). There are
another 164 voucher holders residing in Plymouth who ported in from other jurisdictions.
Low -Income Housing Tax Credits (LIHTC): The HRA has been working with several
private developers to utilize this resource to create new affordable apartment units. The HRA
will continue to pursue opportunities to use this resource.
Public Housing: Shenandoah Woods and Stone Creek Village include Metropolitan Housing
Opportunity Program (MHOP) public housing funding for two and four units, respectively,
The HRA also has project based units at Stone Creek Village (eight units) and Vicksburg
Commons (five units). The HRA also worked with the Metro HRA to site and operate ten
MHOP units on scattered sites.
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Page 17
State Of iV1innesota Resources
Minnesota Housing Finance Agency (MHFA): This agency provides first time homebuyer
programs, housing rehabilitation programs, and development and redevelopment financing
through their Consolidated RFP process. The HRA also developed a partnership in 2003
with the Center for Energy and Environment (CEE) pertaining to the MHFA Fix -Up fund and
MHFA Deferred Loan Program, While CEE remains the approved lender for the Fix -Up
Fund, the HRA works in collaboration with them in marketing the program.
Local Resources
HRA tax levy: The HRA has used this levy for several years to provide subsidized rental
housing for 133 senior citizen households utilizing approximately $340,000.00 annually to
eligible renters at Plymouth Towne Square and Vicksburg Crossing. An additional
200,000.00 is utilized for the administration and supervision of the HRA and City
affordable housing programs.
Plymouth Economic Development Fund (PEDF): The Fund was capitalized from the first
100,000.00 in principal plus interest to be paid by Value Rx in repayment of a loan from the
Minnesota Department of Trade and Economic Development's (DTED) Economic Recovery
Program (ERP), The PEDF allows the HRA to provide loans at favorable terms for business
activities in the City that could create new jobs, increase the tax base, or leverage other
needed economic development funds. The City has issued one loan for $180,000 to a
company that relocated its headquarters to Plymouth.
Tax exempt housing revenue bonds: Since 1995, the City has issued $58,795,000.00 in tax-
exempt housing revenue bonds and $7,290,000,00 in taxable housing revenue bonds for the
acquisition, re -financing and/ or renovation of 983 rental apartments. The City required that
the owners make a certain percentage of their units affordable to and occupied by low-income
households or make an annual payment for the life of the bonds to the HR -A's Affordable
Housing Account. As a result, 136 of these apartments are affordable to low income renters.
HRA Affordable Housing Account: Since its inception in 1996, the Account has received
407,000.00 in fee payments and penalty payments for the release of covenants. To date
these funds have been allocated toward the following projects: The renovation of Hammer
Residence group homes; the development of two handicapped accessible homes; the
acquisition of an affordable toum home under the right of first refusal; the construction of 34
affordable housing units at the Stone Creek Village apartment complex and the acquisition of
property for a four unit affordable housing development.
Tax Increment Financing (TIF): The City adopted a new Tax Increment Housing Assistance
Program (TIHAP) in 2000 that will make excess Tax Increments from existing and future
Tax Increment Districts in the City available for eligible affordable housing developments.
Of the fiends received to date, the City has allocated $236,000.00 to the Stone Creek Village
apartment complex, which will be located in a newly created TIF district. In 2006 the City
created a TIF Housing District to assist CommonBond cornrnunities with their development
of Vicksburg Commons, The City will also consider the creation of additional TIF districts as
appropriate to assist affordable housing projects as necessary to supplement outside funding.
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Page 18
Private Resources (non-profit organizations)
Interfaith Outreach and Community Partners (IOCP): This organization has been very
supportive of all efforts in Plymouth of furthering affordable housing initiatives. This non-
profit also has a significant housing fund to assist in funding affordable housing efforts.
Annual Objectives
Table 3A Summary of Specific Annual Objectives
Specific Outcome/Objective Souf Program Expected Actual Percent
Ob'_. HSpecific Annual Objectives of Funds Performance Indicators Year Number Number Cam leted
Affordil ility of Decent Housing (01-I-2)
DH -2,1 The First Time Homebuyer Program CDBG Low- and moderate- 2010 5
assists with down payment and income families will 2011 5
closing costs, and/or mortgage receive assistance to 2012 5
principle reduction. purchase their first home. 2013 5
2014 5
MULTI-YEAR GOAL 25
Sustainability of Decent Housing (DH -3)
DI -1-3.1 The objective of the Single -Family CDBG Owner -occupied homes 2010 6
Rehabilitation Program and Small will be rehabilitated or 2011 6
Repair Grant Program is to preserve will receive emergency 2012 6
the existing housing stock funds to make small 2013 6
repairs on homes 20144 6
MULTI-YEAR GOAL 30
Availability/AccessibilityAvail.ibility/Accessibility of Suitable Living Environment (SL -1)
SL -1.1 Community Action Partnership of CDBG Foreclosure prevention, 2010 12.5
Suburban Hennepin receives CDBG tenant, rehab, pre- 2011 155
funds as part of public services purchase and reverse 2012 162
funding for homeowner education mortgage counseling. 2013 165
classes. 2014 172
MULTI-YEAR GOAL 779
SL -1.2 HOME bine is a CDBG finds public CDBG 215 households will 2010 21.5
service recipient for their tenant receive tenant cohmsOing 2011 220
advocacy work. They provide tenant and 150 students will 2012 225
counseling and education. receive education on 2013 230
becoming a renter. 2014 235
MULTI-YEAR GOAL 1,125
SL -1.3 PRISM Express receives CDBG CDBG 800 rides will be provided 2010 800
finds as part of public services to the general public for 2011 880
funding to provide transportation medical appointinents and 2012 968
services to the general public. other needs. 2013 1,065
2014 1,172
MULTI-YEAR GOAL 4,8$5
SL -1.4 YMCA receives CDBG runds ns part CDBG Provide counseling, case 2010 90
of public services finding for management, crisis 2011 90
homelessness prevention and youth intervention, street based 2012 90
counseling outreach, shelter and 2013 90
referral services. 2014 90
MULTI-YEAR GOAL 450
4
Page 19
SL_LS Family Hope receives CDBG funds as CDBG Provide weekly support 2010 320
part of public services funding for group services. 2011 320
year round weekly support groups
and one -to one mentoring.
Construction of new
Plymouth TreeHouse
2012
2013
320
352
2014 387
MULTI-YEAR GOAL 1,699
Specific Outcome/Objective
Obj. # Specific Annual Objectives
Source
of Funds Performance Indicators
Program
Year
Expected
Number
Actual
Number
Percent
Completed
SL -1.6 Hammer Residence will receive CDBG Assist with the 2010 2
CDBG funds tinder Affordable development of affordable 2011 2
Housing Development reutal/owner-occupied 2012 2
units. 2013 2
2014 2
NIULTI-YEAR GOAL 10
SL -1,7 Senior Community Services (SCS) CDBG Provide homemaking, 2010 30
will receive CDBG funds as part of home maintenance and 2011 32
public services funding H.O.M.E
Household and Outside Maintenance
for Elderly) program to help seniors
chore services to assist
seniors to remain in their
own homes and in their
2012
2013
2014
34
36
38
stay in their home with dignity. own community.
MULTI-YEAR GOAL 170
Page 20
Table 313
Annual Housing Completion Goals
Grantee Name:
Program Year:
Expected Annual
Number of Units
To Be Completed
Actual Annual
Number of Units
Completed
Resources used during the period
ESG HOPWACDBGHOME
BENEFICIARY GOALS
See. 215 Only)
Homeless households NIA
Non -homeless households 11 X
Special needs households 2 X
Total Sec. 215 Beneficiaries* 13 X
RENTAL GOALS
See. 215 Only)
Acquisition of existing units NIA
Production of new units NIA
Rehabilitation of existing units 2 X
Rental Assistance NIA 171 El
Total Sec. 215 Affordable Rental 2 X
HOME OWNER GOALS
Sec. 215 Only) _
Acquisition of existing units NIA
Production of new units NIA
Rehabilitation of existing units b X
Homebuyer Assistance 5 X
Total Sec. 215 Affordable Owner 11 X
COMBINED RENTAL AND
OWNER GOALS (Sec. 215 Only)
Acquisition of existing units NIA
Production of new units NIA
Rehabilitation of existing units 8 X
Rental Assistance NIA
Homebuyer Assistance 5 X
Combined Total Sec. 215 Goals* 13 X
OVERALL HOUSING GOALS
Sec. 215 + Other Affordable Houshi )
Annual Rental Housing Goal 2 X
Annual Owner Housing Goal 11 X
Total Overall Housing Goal 13 X
The total amounts for "Combined Total Sec. 215 Goals" and "Total Sec. 215 Beneficiary Goals" should he the same number,
Page 21
Activities to be Undertaken
The following activities are to be undertaken as part of the 2010 Action Plan for the City of Plymouth.
These activities address the strategies and priorities that are set forth in the Hennepin County
Consortium Consolidated Plan,
Strategy 1.0 Affordable Housing Development
Assist with the development of affordable rental/owner-occupied units. In previous years these
funds have assisted primarily rental projects such as the one proposed by Harnrner Residences,
Hammer Residences will use the funds to remodel two of their homes to accommodate accessibility
needs, add a fire sprinkler system and replace windows to increase energy effeciency.
Hammer Residences has served people with developmental disabilities since 1923. They provide
15 homes within the City of Plymouth. Each home has 3-5 units per building and provides support
services to approximately 80 individuals. The City of Plymouth has provided funds to rehabilitate
these residences to make these homes safer, more accessible, and more livable for people with
disabilities who are in need of a safe environment and who have low incomes.
Strategy 2.0 Existing Homeowners
Single Family Housing Rehabilitation Program:' During the 2010 grant year, we expect to
rehabilitate 4 owner occupied homes through our Housing Rehabilitation Loan Program. The
program provides up to $20,000.00 for eligible repairs through a deferred zero interest loan that
will be forgiven after 20 years if the homeowner continues to own and occupy the home. The
needs of Physically Disabled Homeowners/Family Members (Strategy 2.2) are also addressed
within the Housing Rehabilitation Loan Program. The program allows an additional $10,000.00 in
loan fluids to be used specifically for accessibility improvements and/or lead and asbestos
abatement.
r The HRA will continue to operate a Small Repair Grant fiend to compliment our Housing
Rehabilitation Loan Program. The Small Repair Grant fund is a pool of funds set aside within the
program to be used for small and emergency repairs for qualifying homeowners. The program
allows a maximum of $5,000.00 per home in grant funds to be used for emergency and small
repairs. A minimum of two homeowners will be assisted through Small Repair Grants.
Strategy 3.0 First Time Homebuyers
Plymouth First Time Homebuyer Program: The Plymouth First Time Homebuyer Program offers a
zero interest -deferred loan with the HRA holding a second mortgage on the property. The deferred
loan helps first time buyers offset the cost of purchasing a home by providing assistance with down
payment, closing costs and/ or mortgage principle reduction. Repayment of the loan is required if
the home is sold or no longer homesteaded within the first 30 years. After 30 years the loan
becomes due and payable. Funds will be used to assist five low-income households to purchase
their first homes. Financial assistance will be provided at a minimum amount of $3,000.00 and a
maximum amount of $25,000.00.
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Page 22
Strategy 6.0 Family Services/Facilities
CAPSH: The City has been allocating CDBG assistance to Community Action Partnership of
Suburban Hennepin (CAPSH) for homebuyer and homeowner education activities since 1995.
CAPSH has provided considerable assistance to low-income households in Plymouth since they
were first funded. CAPSH proposes providing homeownership counseling such as first time
homebuyer training workshops, mortgage foreclosure counseling, housing rehabilitation
counseling, reverse mortgage counseling, and weatherization assistance to 125 Plymouth
households.
HOME Line: This is the tenth year the City has allocated CDBG funds to HOME Line. HOME
Line is proposing to serve 215 households through their tenant hotline, tenant representation in
landlord/ tenant negotiations, tenant organizing to preserve affordable housing and provide
educational presentations on becoming a renter at high schools.
PRISM Express: This is the tenth year the City has allocated funding to PRISM. PRISM's
Express program provides weekday transportation services to the general public for medical
appointments and other needs. PRISM expects to provide 800 rides to low-income persons.
Strategy 7.0 Senior Services
Senior Community Services (SCS); This is the First year the City has allocated funding to SCS.
SCS assists seniors with outside maintenance (snow removal, lawn mowing, painting, etc.) through
their Household and Outside Maintenance for Elderly (H.O.M.E) program. SCS expects to help 30
seniors stay in their home with dignity.
Strategy 8.0 Youth Services
Family Hope Services: Family Hope Services offers a program called TreeHouse. TreeHouse
services are ongoing, offered year round without charge to participating households and youth.
These services include weekly support groups and one-to-one mentoring relationships. Family
Hope Services expects to serve 125 Plymouth Youth.
K111CA Point Northwest Program for Runaway Youth: This is the only 24 horn- program in
northwest Hennepin County serving the specific population of runaway, homeless, and youth at risk
of becoming homeless. The Point Northwest Program expects to help 90 Plymouth youth stay
within our community, connected to those who care about them; schools, employment, faith
communities, friends and families.
Strategy 11.0 Affirmatively Furthering Fair Housing
Plymouth participates in the Hennepin County Consortium Fair Housing Initiative. During the 2010
program year, the Plymouth I -IRA will provide $5,000 of CDBG fluids toward this collaborative effort.
The initiative addresses the impediments identified in the Analysis of Impediments to Fair IIousing
Al) that were previously prioritized by the Consortium, and describes actions and accomplishments
during the report year to address each. Initiative accomplislunents include funding to promote fair
housing choice, enforcement, testing, outreach, information and referral in Plymouth and throughout
suburban Hennepin County.
Page 23
In addition, Plymouth, through the initiative, supports the work of the Twin Cities Metro Area Fair
Housing Implementation Council (FHIC) with funding and staff support. FHIC is a partnership of
local govermnents, housing industry professionals and advocates working together to unlock doors and
expand housing choice. FHIC was established in 2002 to affirmatively further fair housing throughout
the greater metro area housing market. FHIC has three subcommittees that work to address indentified
impediments in rental housing, homeownership and public sector through specific actions.
Further, all housing programs administered by Plymouth follow the principles of affirmatively
fia-thering fair housing and the requirements of the Fair Housing Act.
The City's Human Rights Commission, which was organized in 1994, also actively participates in fair
housing activities and functions on an ongoing basis to promote human rights activities and assist
residents and the City in resolving fair housing issues. The Plymouth Human Rights Commission
continues to deliver services to the residents of Plymouth who were the victims of hate or bias
incidents.
Geographic Distribution
There arc no specific areas of the City that have low-income minority concentrations. All activities and
programs are available to low-income minority persons community -wide. The City does not allocate
investment funds geographically, but will direct funds to all low to moderate income residents city
wide.
Consultation Process
In preparing the Action Plan the City of Plymouth utilizes its membership in the Fair Housing
Implementation Council (FHIC). The Fair IIousing Implementation Council (FHIC) is a public-private
partnership aimed at advancing fair housing in the Twin Cities area. FHIC members include: the
counties of Anoka, Dakota, Hennepin, and Ramsey, the cities of Bloomington, Plymouth, Minneapolis,
and Saint Paul, Metropolitan Council, and Minnesota Housing Finance Agency (representing Carver
and Scott Counties) working with the Boards of Realtors, Minnesota Multi -Housing Association,
Southern Minnesota Regional Legal Services, Legal Aid Society of Minneapolis, Housing Link,
community /Action Partnership Suburban Hennepin, and insurance representatives.
The City of Plymouth is part of the Hennepin County Consortitun and therefore adheres to the
procedures developed by the Consortium to determine what resources are available in addressing the
needs of any person who is chronically homeless.
Housing and Market Analysis
General
The majority of the housing stock within the City of Plymouth is in good to excellent condition with
the average age of a home tinder 30 years old. Foreclosure rates have steadily increased and 299
properties were in various stages of foreclocure in 2009 within the City of Plymouth.
The housing market in Plymouth is similar to the entire metropolitan region. We are experiencing a
slow down in nc x construction of owner -occupied housing at all affordability levels. Sixty percent of
9
Page 24
apartment buildings currently have renters with Section 8 Vouchers. To our knowledge there are no
designated housing units specifically for persons with HIV/AIDS.
Currently the City of Plymouth has approximately 389 voucher holders receiving assistance. There are
13 project based units in Plymouth. Of the 13 project based units, Vicksbrug Commons has five units;
four of which are occupied by clients that are Black/African American and one is White. Stone Creek
Village has eight units; five of which are occupied by clients that are White and three are Black/African
American. One rental community Lakeview Commons has 64 units. Currently, there are 51 voucher
holders receiving assistance at Lakeview Commons; 46 units are occupied by clients that are
Black/African American and five are White.
Homelessness and Other Special Needs Activities
The City of Plymouth provides assistance to social service organizations that provide assistance to the
homeless and other special needs populations in the effort to end chronic homelessness in the
community. The social service agencies the City fluids include Community Action Partnership of
Suburban Hennepin (CAPSH), Interfaith Outreach and Community Partners (IOCP), People
Responding in Social Ministry (PRISM), HomeLine, Family Hope, Senior Community Services (SCS)
and Hammer Residence. The HRA's continuing involvement with these organizations and efforts to
increase the availability of additional affordable housing in the community will increase the resources
available to combat homelessness. The City's allocation of funding to the YMCA Point Northwest
program provides emergency shelter, and programs to assist in the transition to permanent housing and
independent living to low income homeless youth.
Homeless Facilities and Services
Mission Farms Nursing Home, Inc. is part of Missions, Inc. Programs formerly known as Union City
Mission Inc. and was established in 1895 in downtown Minneapolis where it began as a place
providing food, temporary shelter, and spiritual services to indigent and homeless men. In 1927, the
organization purchased some farm property on the north shore of Medicine Lake, where many of the
men from the city came out to work the farm. In 1975, Mission Farms Nursing Home was separately
organized and has been operating in that capacity since that time. The facility currently has a staff of
approximately 85 who provide 24-hour care on a daily basis for approximately 100 residents.
The City of Plymouth works to enhance coordination with private industry, businesses, developers and
social service agencies to obtain input through focus group meetings, forums, round table discussions,
telephone and other forms of polling to address affordable housing issues. Notices of meetings or other
opportunities for input are publicized through local media, direct mailings and other methods.
Other Activities
lYfeeting Underserved Needs: The City will continue to identify obstacles, such as affordable housing,
to uninet and underserved community needs and support the goals established in the 2010-2014
Consolidated Plan. The City's approach to meeting these affordable housing needs is to assist renters
in purchasing homes by providing down payment and closing cost assistance combined with
counseling and education to low to moderate income families. In order to preserve the affordable
housing stock "Restrictive Covenants" have been placed on a nu tuber of new units built. These
Restrictive Covenants run with the land for a period of 20 years and contain restrictions on the transfer
of the property only to someone who is a low to moderate income resident. To preserve and expand
10
Page 25
the supply of decent, safe, and affordable housing the City will provide financial assistance for
rehabilitation and repair of owner -occupied units to low to moderate income families. Another
obstacle is job advancement for low to moderate income persons.
Foster and Maintain Affordable Housing: The portion of 2010 CDBG funds allocated to the Housing
Rehabilitation Program allows low-income homeowners to stay in current housing while allowing the
City to maintain a stable affordable housing base.. The City and HRA make every effort to create
affordable rental and owner -occupied housing opportunities as well as provide provisions that new
developments remain affordable for years to come.
Although not funded with CDBG, the City has required an annual inspection of residential rental
properties since 1994 to determine Code compliance and health or safety violations that need
correction. This program ensures that rental properties are well maintained and that no substandard
rental units are licensed in the City. The City Building Inspection Department currently inspects multi-
family rental properties annually and non -multi -family rental properties bi-annually.
Remove Barriers To Affordable Housing: The City is addressing affordable housing barriers in a
variety of ways including the support of new affordable housing developments, entry cost assistance to
first time homebuyers, tenant and homeowner education and support services and rehabilitation
assistance. The City is closely involved with researching and addressing impediments to fair housing.
The city uses some of its CDBG funding to support HOME Line, a tenant advocacy and hotline
organization. Finally, the city works with and supports developers to include affordable housing in
their developments.
Evaluating and Reducing Lead Based Paint Hazards: As part of the City's Rental Housing Licensing
program all of the rental properties in the city are inspected at least every two years. The inspector has
satisfied HUD's Risk Assessment Course and is a Certified Risk Assessor. All participants in the
Housing Rehabilitation,
First Time Homebuyer and Section 8 Programs, who reside or purchase housing that was built before
1978, receive copies of "Protect Your Family From Lead In Your Home", EPA September 2001. The
Plymouth HRA has revised the procedures for all federally funded programs to meet the requirements
of the federal lead-based paint regulations.
Discussion of the Lead Based Paint (LBP) requirements take place at the initial meeting with HRA
staff and the Certification of Receipt of LBP information is signed by the applicant and kept in the
applicant's. file. If deteriorated paint is found in a home built before 1978 and lead hazard reduction
work may be needed because painted surfaces will be disturbed during rehab, the appropriate level of
lead testing and other actions are initiated. The HRA contracts with a certified Risk Assessor to
perform the necessary tests to determine if and where there is a lead hazard risk. The Assessment
report identifies the presence and location of LBP and the areas that need to be addressed. If LBP is
found, the homeowner is notified. As a condition of receiving funding, LBP hazards must be
addressed and lead safe work practices are required for all rehab work that disturbs painted surfaces.
Appropriate lead hazard reduction measures are also incorporated into the Scope of Improvements.
Clearance of the unit is required and a copy of the clearance report is given to the homeowner and kept
in the homeowner's file.
The above lead-based paint control actions enable the City of Plymouth to abate lead issues and be in
full compliance with the Federal Lead -Based Paint rules.
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Page 26
Public Housing: The City of Plymouth does not address the needs of public housing in this Plan.
Because the City does not have a Public Housing Authority there are no efforts to encourage public
housing residents to become more involved in management and homeownership. However, two
complexes within the City, Shenandoah Woods and Stone Creek Village, include Metropolitan
Housing Opportunity Program (MHDP) public housing funding for two and four units respectively,
The HRA also worked with the Metro HRA to site and operate ten MHOP units on scattered sites.
Develop Institutional Structure and Enhance Coordination Behveen Public and Private Housing and
Social Service Agencies: The City of Plymouth has developed and continues to maintain strong
collaborative relationships with other housing providers and social service agencies. The City has
worked over the years to develop handicap accessible housing units with People Responding In Social
Ministry (PRISM), Metropolitan Interfaith Council on Affordable Housing (MICAH), Interfaith
Outreach and Community Partners, and Habitat for Humanity.
The HRA requires recipients of their First Time Homebuyer Programs to attend homebuyer workshops
presented by CAPSH. CAPSH seeks to assist lower income households by providing them with
comprehensive homeownership training and financial counseling. At the end of the training period the
family is able to purchase the home.
Foster Public Housing Improvements and Resident Initiatives: The HRA established a Resident
Advisory Board of Section 8 voucher holders to foster effective resident input on policies, goals, and
performance of the Section 8 tenant -based program.
CDBG Program Specific Requirements
CDBG Funds Available, for the Program Year: The CDBG program is the main vehicle used to meet
the objectives of the 5 -Year Consolidated Plan. The estimated 2010 allocation is $263,200.00. It is
anticipated that the Housing Rehabilitation and First Time Homebuyer Loan Programs will generate
program income during 2010. Any program income received will be used to cover expenses generated
in an existing CDBG program or activity and not just expenses related to the activity generating the
income, as authorized by the City Council, The City of Plymouth anticipates receiving $40,000.00 in
program income in 2010. The City of Plymouth anticipates that there will be $303,200.00 available in
total fiends for the 2010 fiscal year and approximately $270,000.00 of these fiords will be directed to
low and moderate income activities. This funding is broken down as follows,
Estimated 2010 CDBG Allocation 263,200.00
Program Income from re ayment of defen-ed loads 40,000.00
Total 303,200.00
Activities Planned ivith CDBG Funds: The following is a listing of CDBG activities recommended for
ftinding by the Plymouth Housing and Redevelopment Authority (HRA) and approved by the Plymouth
City Council for the 2010 program year. Details on the proposed activities follow in order of the
specific objective/strategy number identified in the Consolidated Plan. The regulations stipulate that
public service funding may not exceed 15% of the City's total allocation ($263,200.00), plus 15% of
the previous year's program income ($125,000.00). For the 2010 program year, Plymouth cannot fiend
public service activities in excess of $58,230.00. funding for public services totals $53,965.00, which
is approximately 14% of the 2010 allocation with program income.
12
Page 27
5 Year
Strategy
ID H Project Activity
Carried
Over Funds
Anticipated
Program
Income
2010
Budgeted
Allocation
Percent
by
Strategy
1.0 Affordable Housing Assist with development of 0.00 0.00 30.000.00 12%
Development affordable rental/owner-occupied
units
2.0 Rehab of Private Property Housing Rehabilitation Loan 30,000.00 20,000.00 75,000.00 28%
Program
3.0 First Time Homebuyer First Time Homebuyer Loan 50,000.00 20,000.00 75,000.00 28%
Assistance Program
6.0 Family Services CAPSH 0.00 0.00 20,000.00 8%
6.0 Family Services HOME Line 0.00 0.00 8,000.00 3%
6.o Family Services PRISM Express 0.00 0.00 3,500.00 1%
7.0 Senior Services SCS 0.00 0.00 4,465.00 2%
8.0 Youth Services Family Hope Services 0.00 0.00 10,000.00 4%
8.0 Youth Services Point Northwest—YMCA 0.00 0.00 8,000.00 3%
11.0 Fair Housing Activities Outreach education and enforcement 0.00 0.00 5,000.00 2%
activities in the Consortium
Program Administration Administration 8,000.00 0.00 24,235.00 9%
Total 88,000,00 40,000.00 263,200.00 100%
Citizen Participation Plan
The City of Plymouth is part of the Hennepin County Consortium, and therefore the city's action plan
is part of the Hennepin County Consortium Action Plan. The city follows Hennepin County's Citizen
Participation Plan, which calls for the Hennepin County Consortium Action Plan to be available for
public comment 30 days prior to a public hearing before the Hennepin County Board. In addition to
public hearings conducted by the County Board, the City of Plymouth will hold a public hearing prior
to the identification of annual projects and activities to be funded. This public hearing will take place
before proposed projects and activities are submitted to Hennepin County for inclusion in the Annual
Action Plan. The Plymouth Housing and Redevelopment Authority held their own public hearing on
February 25, 2010 and asked the public to comment on the proposed activities. Nofice of the public
hearing was properly published in the official local newspaper. No public comment occurred at the
public hearing nor did city staff receive any public comment before or after the public hearing.
The City of Plymouth holds these public hearings at times and locations convenient to potential and
actual beneficiaries. Information about public hearings can be accessed by calling City Hall or by
assessing the City of Plymouth Web site.
Technical assistance is proved to any group, representing very low and low-income persons that want
to develop fimding proposals for any of the programs covered by the Consolidated Plan.
The City of Plymouth meets regularly with concerned agencies and groups to review and discuss
affordable housing efforts and to identify ways in which the City of Plymouth can better serve the
entire community with our resources including CDBG funding.
13
Page 28
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION TO APPROVE THE APPLICATION AND ALLOCATIN OF FISCAL YEAR 2010
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Plymouth is eligible to apply to the U.S. Department of Housing
and Urban Development (HUD) for 2010 funding for the Community Development Block Grant
CDBG) Program; and
WHEREAS, on February 25, 2010, the Plymouth Housing and Redevelopment Authority
held a duly constituted public hearing to allow interested parties to express their opinions regarding
the allocation of funds for the 2010 CDBG Program Year; and
WHEREAS, the City Council has reviewed the recommendations of the Housing and
Redevelopment Authority regarding the proposed activities and allocation of CDBG funds for
Program Year 2010;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby authorizes the City Manager to submit to the U.S.
Department of Housing and Urban Development the application and all required documents for
participation in the 2010 Community Development Block Grant Program Year and approves the
allocation for the following projects in the respective proposed amounts:
HRA Programs and Administration
Housing Rehabilitation Loan Program 75,000.00
First Time Homebuyer Loan Program 75,000.00
Administration 24,235.00
Affordable Housing Development — Hammer Residences 30,000.00
Fair Housing Activities 5,000.00
Sub -Total of HRA Programs and Administration 209,235.00
Public Service Programs
Community Action Partnership of Suburban Hennepin (CAPSH) 20,000.00
Family Hope Services 10,000.00
HOME Line 8,000.00
Northwest Branch YMCA 8,000.00
People Responding in Social Ministry (PRISM) 3,500.00
SCS Senior Community Services 4,465.00
Sub Total of Public Service Programs 53,965.00
Total 2008 CDBG Allocation 263,200.00
BE IT FURTHER RESOLVED, that CDBG program income may be used to cover
expenses generated in any existing CDBG program or activity and not just expenses related to the
activity generating the income.
Approved this 9th day of March 2010.
Page 29
rp)City of Agenda 7 . 1PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Daniel K. Campbell, Senior Engineering Technician
March 9, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works
Public Improvement Hearing and
Order Plans and Specifications
Item: 2010 Mill and Overlay Project
36 1hAvenue — T.H. 169 to Zachary Lane (Area 1) and
Nathan Lane/Old County Road 15/Revere Lane (Area 2)
City Project No. 10005
1. ACTION REQUESTED:
Make a motion to adopt the attached two resolutions ordering the improvement, and
order Plans and Specifications for the 2010 Mill and Overlay Project, City Project No.
10005. Ordering Improvement resolution requires 6 votes for approval.
2. BACKGROUND:
The 2010 Mill and Overlay Project, City Project No. 10005 includes 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).
This project would remove and replace the top 2 inches of pavement, replace damaged
concrete curb, install pedestrian ramps (as needed) and make repairs to utility structures
on the streets within the two project areas. In addition, this project would impact two
signalized intersections resulting in the replacement of numerous loop detectors.
The proposed overlay project in Area 2 includes two condominium -style properties.
The Willow Grove Condominiums (181 units) are all individually addressed units with
individual property identification so all properties were notified of this hearing with
each unit proposed to be assessed $55.30. The Creekside Condominiums (204 units)
are all the same address and property identification so one notice was sent with a
proposed per unit assessment of $41.77.
3. BUDGET IMPACT: The Preliminary Engineering Report includes specific
recommendations for each of the areas recommended for the 2010 Mill and Overlay
Project. The total project cost included in the 2010-2014 Capital Improvements Program
CIP) was $810,000. The estimated total project cost included in the report for Area -1 is
345,430 and for Area - 2 is $235,954, resulting in a total estimated cost for the two
areas of $581,384.
Page 1
The City Council has adopted a policy for financing Mill and Overlay projects with the
City paying 60% and the benefiting property owners being assessed 40% of the total
project cost. For this project, the policy was applied to each area separately because both
have their own unique characteristics. Relating the policy to Area - 1 and the
configuration of its parcels, it is proposed that approximately $35,863, or 10% of the
total project cost be assessed and that approximately $71,933 or 30% of the total project
cost for Area - 2 be assessed.
4. ATTACHMENTS:
Project Location Maps
Appendix C and D
Resolution
Page 2
Location
M ap
Area 1
TT
M
Figure 1
2010 Mill & Overlay Project Location
36th Avenue
Area -1
City Project No. 10005
17
IRD NO 9}
AV &
Aire
Location
Map
Area 2
0
su
UQ
m
b.
Figure 2
2010 Mill & Overlay Project Location
Nathan Lane /TH 55 Fronage Road/Revere Lane
Area 2
City Project No. 10005
r+rrF-IMUM %,
PRELIMINARY ASSESSMENT ROLL - AREA 1
36th Avenue - Area 1
City Project No. 10005
Pro erty ID 10wner 1 10wner 2 JAddress Icily ITotal Front Footage Ass'bl Front Foolagel Est. Assessment AsmUUnit
13-118-22-34-0074 Jane M Nyagwansa Dickson Onami 10620 36th Ave N Plymouth, MN 55441 85 85 9.10.85
13-118-22-34-0075 Stephen Miller Michelle Miller 10610 36th Ave N Plymouth, MN 55441 67 67 741.61
13-118-22-34-0076 Danh Ngo Mi Ngo 10600 36th Ave N Plymouth, MN 55441 143 143 1,582.84
24-118-22-11-0005 Robinsdale Area Schools, ISD # 281
3,325
4148 Winnetka Ave N New Hope, MN 55427 665 665 7,360.76
24-118-22-11-0030 Sinclair Marketing 550 East South Temple Box 3825 Salt Lake City, UT 84131 142 142 1,571.77
24-118-22-12-0001 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 660 660 7,305.42
24-118-22-21-0001 Robinsdale Area Schools, ISD # 281
Assessable Cost per foot
4148 Winnetka Ave N New Hope, MN 55427 647 647 7,161.52
24-118-22-21-0004 Robinsdale Area Schools, ISD # 281 4148 Winnetka Ave N New Hope, MN 55427 90 90 996.19
24-118-22-21-0006 Gregory A Delapointe Julie A Delapoint 10601 36th Ave N Plymouth, MN 55441 131 131 1,450.01
24-118-22-21-0007 Plymouth Bivle Chapel 10605 36th Ave N Plymouth, MN 55441 197 197 2,180,56
24-118-22-21-0008 Bradley J Wright Joy M Wright 10505 36th Ave N Plymouth, MN 55441 80 80 885.51
24-118-22-21-0009 Todd P Listul Fawn B Listul 10515 36th Ave N Plymouth, MN 55441 150 150 1,660.32
24-118-22-22-0004 Timothy J Mccauley Rebecca A Hannan 10935 36th Avw N Plymouth, MN 55441 105 105 1,162.23
24-118-22-22-0005 Richard Abendroth 11021 36th Ave N Plymouth, MN 55441 163 163 1,804.22
All others 9158 0 0.00
12,483 3,325 35,862.96
Est. Area 1 -TPC 345,430
40% of Area 1 -TPC 138,172.00 0.27
27% of $138,172(Total Assessable $) 36,803.81
Assessable Cost per foot 11.07 0.10
0
SU
U4
D
1
Mrrr=rwrn v
PRELIMINARY ASSESSMENT ROLL - AREA 2 Nathan LNHwy 55 Frontage Rd/Revere Ln - Area 2
City Project No. 10005
JProperty ID lowner 1I 10wner 2 JAddress Icity ITotal Front Footage Ass'bl Front Footagel Est. Assessment
36-118-22-31-0045 City of Plymouth 248 0 0.00
36-118-22-31-0048 City of Plymouth 60 0 0.00
36-118-22-41-0014 LGA Investment Group, Inc 10700 Co. Rd. 15 # 150 Plymouth, MN 55441 57 57 975.30
36-118-22-41-0015 LGA Investment Group, Inc 10700 Co. Rd. 15 # 150 Plymouth, MN 55441 366 366 6,262.45
36-118-22-42-0011 Countryside Investment Property 410 Idaho Ave N Mpls, MN 55427 627 627 10,728.29
36-118-22-42-0016 Vincent Pope 415 Quaker Ln N Plymouth, MN 55441 166 0 0.00
36-118-22-43-0016 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 642 642 10,984.95
36-118-22-43-0017 Bigos-Oakwood, LLC 8325 Wayzata Blvd # 200 Golden Valley, MN 55426 1190 352 6,022.90
36-118-22-43-0019 Family Child Development 100 Nathan Ln N Plymouth, MN 55441 342 342 5,851.80
36-118-22-43-0020 Willow Grove Investors, LLC Willow Grove Shopping Center 8 Nathan Ln N Plymouth, MN 55441 482 482 8,247.27
36-118-22-43-0021-0201 See Appendix D-1 C i (i2 V'1 t t -S 7 585 585 10,009.65
36-118-22-44-0009 Muller Family Theatres,4940 54th St NW Maple Lake, MN 55358 253 253 4,328.96
36-118-22-44-0013-0216 See Appendix D-2 (eo-4--'A,-. r -k j) 498 498 8,521.04
Est. Area 1 -TPC
40% of Area 1 -TPC
76% of $94,381.60(Total Assessable $)
Assessable Cost per foot
SU
U4
t'D
1•L
5,516 4,204 $71,932.60
235,954
94,381.60 0.76
71,932.60
17.11 0.30
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS
2010 MILL AND OVERLAY PROJECT
CITY PROJECT N0. 10005
WHEREAS, the City Council adopted a resolution on February 9, 2010, which fixed a
date for a public hearing on the proposed improvement of the 2010 Mill and Overlay Project
on 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); and
WHEREAS, the mill and overlay removes and replaces the wearing course of
bituminous on the street, replaces settled, cracked or heaved concrete curb and gutter,
installs pedestrian ramps (as needed), repairs storm and sanitary sewer structures, replaces
loop detectors and all necessary appurtenances; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing
was given, and the hearing was held thereon the 9th day of March, 2010, at which all
persons desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six
votes) since the project has not been petitioned for by the benefiting owners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA by the Plymouth City Council
of the City of Plymouth, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
preliminary engineering report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
March 9, 2010.
3. The Engineering Department shall prepare plans and specifications for the making
of such improvement.
4. The City Council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of the tax exempt bond.
APPROVED THIS 9TH DAY OF MARCH, 2010.
Page 7
p))city of Agenda 8 . 1PlymouthNumber: v
adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Joe Paumen, Reconstruction Program Manager
March 9, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works
Order the Improvement and Preparation of Plans and
Item:
Specifications for the 2010 Street Reconstruction Project
Parkers Lake Corporate Center Area
City Project No. 10001
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution ordering the improvement, and authorizing the
preparation of plans and specifications for the 2010 Street Reconstruction Project, Parkers Lake
Corporate Center Area, City Project No. 10001.
2. BACKGROUND:
On February 9, 2010, the City Council held a public hearing for the proposed improvements to
23rd Avenue and 25d' Avenue west of Niagara Lane and Polaris Lane from 23rd Avenue to 25th
Avenue. After the close of the hearing the City Council directed staff to evaluate alternative
assessment scenarios that could lessen the financial impact to the property located at 2333
Niagara Lane (Daily Printing). Attached is a table that explores several scenarios using the
current assessment policy, as well as alternatives that are outside the limits of the policy. All of
the scenarios could result in a lesser financial burden on the subject property but also result in
greater impacts to the remaining properties in the improvement area.
On February 25, 2010, Council Member Johnson and staff met with representatives from Daily
Printing to discuss these scenarios. Daily Printing representatives presented their situation as a
hardship due to fronting streets on all four sides of their property, and only occupying half of the
parcel. Three options at the City Council's disposal for proceeding were discussed; proceed as
currently proposed, redistribute the proposed assessments based on one of the scenarios, or the
City could pay a greater share of the assessments to offset the cost to Daily Printing. The
second option would require notification to all of the properties and a new public hearing. The
third option would be inconsistent with the City's policy.
In a similar situation in the past, with property partially unoccupied but developable, the City
Council proceeded with an improvement, held the assessment hearing and upon objection to the
assessment, directed staff to negotiate a Special Assessment Agreement (copy attached).
3. BUDGET IMPACT:
Page 1
The Parkers Lake Corporate Center Area project is included along with the East Parkers Lake
Area in the 2010-2014 Capital Improvement Program at an estimated cost of $6,800,000. The
total estimated project cost for both areas is approximately $5,526,000. The total estimated
project cost for the Parkers Lake Corporate Center area is $500,611.21, of which $177,744.49 is
proposed to be assessed.
4. ATTACHMENTS:
Assessment Options Spreadsheet
Special Assessment Agreement
Copy of February
91h Staff Report
Resolution
Page 2
2010 STREET RECONSTRUCTION PROJECT, PARKERS LAKE CORPORATE CENTER AREA - ASSESSMENT OPTIONS
Traditional
Reconstruction (40% assessed)
assessed)
Total
Total
Occupied"
Occupied"
Total
Total
Total
Land
Occupied"
Occupied"
Front Foot Building KSF Change
Front Foot
Front Foot
Front Foot
Front Foot
Change Land Area
Change
Change Land Area
Change
Change Units
Change
Change
PIN FIRST NAME ADDRESS
ASSESS. TOTAL
ASSESS. TOTAL
DAILY PRINTING INC
ASSESS. TOTAL
ASSESS. TOTAL
86,668.21
ASSESS. TOTAL
ASSESS. TOTAL
65.27%
ASSESS. TOTAL
ASSESS. TOTAL
62.43%
ASSESS. TOTAL
ASSESS. TOTAL
28-118-22-21-0011
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 86,668.21
1,086
1,086 60,969.84 29.65% 13.24 54,589.13 37.01% 7.24 37,627.78 56.58%
3 $18,168.00
3 $59,248.17 31.64%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 11,500.07
293
293 16,449.51 43.04% 7.08 29,191.16 153.83% 7.08 36,796.23 219.97%
1 $6,056.00
1 $19,749.39 71.73%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 27,319.33
456
456 25,600.60 6.29% 7.59 31,293.92 14.55% 4.68 24,322.93 10.97%
1 $6,056.00
1 $19,749.39 27.71%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 7,536.37
192
192 10,779.20 43.03% 2.17 8,947.01 18.72% 2.17 11,277.94 49.65%
1 $6,056.00
1 $19,749.39 162.05%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 22,893.49
583
583 32,730.59 42.97% 5.7 23,501.36 2.66% 5.7 29,624.08 29.40%
1 $6,056.00
1 $19,749.39 13.73%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 16,405.82
418
418 23,467.21 43.04% 4.19 17,275.56 5.30% 4.19 21,776.30 32.74%
1 $6,056.00
1 $19,749.39 20.38%
28-118-22-24-0117 EAGLE PARTNERS II LLC 7625 BOONE AVE N 138 5,421.21
138
138 7,747.55 42.91% 3.14 12,946.36 138.81% 3.14 16,319.23 201.03%
1 $6,056.00
1 $19,749.39 264.30%
1 $7,570.00 264.57%
Totals 4528 177,744.501
3,166
3,166 177,744.50 0.00% 43.11 177,744.50 0.00%1 34.20 177,744.50 0.00%
9 $54,503.99
9 $177,744.50 0.00%
DP Relief $152,046.13 $145,665.42 $128,704.07 $150,324.46
444,361.25 34% 33% 29% 34%
Mill and Overlay (40% assessed)
assessed)
Total
Total
Occupied"
Occupied"
Total
Total
Total
Land
Occupied"
Occupied"
Front Foot Building KSF Change
Front Foot
Front Foot
Front Foot
Front Foot
Change Land Area
Change
Change Land Area
Change
Change Units Change
PIN FIRST NAME ADDRESS
PIN
ASSESS. TOTAL
ADDRESS
DAILY PRINTING INC
ASSESS. TOTAL
2208 86,668.21
ASSESS. TOTAL
30,099.87 65.27%
ASSESS. TOTAL
32,560.79 62.43%
ASSESS. TOTAL
51,832.60
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 26,577.92
2333 NIAGARA LA
1,086 18,695.94 29.66% 13.24 16,739.34 37.02% 7.24 11,538.27 56.59%
7.24
3 $18,168.00 31.64%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 3,526.87
3500 AMERICAN BLVD W #200
293 5,044.12 43.02% 7.08 8,951.25 153.80% 7.08 11,283.28 219.92%
7.08
1 $6,056.00 71.71%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 8,377.82
3500 AMERICAN BLVD W #200
456 7,850.23 6.30% 7.59 9,596.04 14.54% 4.68 7,458.44 10.97%
4.68
1 $6,056.00 27.71%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 2,311.12
3500 AMERICAN BLVD W #200
192 3,305.36 43.02% 2.17 2,743.53 18.71% 2.17 3,458.29 49.64%
2.17
1 $6,056.00 162.04%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 7,017.63
15150 25TH AVE N
583 10,036.58 43.02% 5.7 7,206.51 2.69% 5.7 9,084.00 29.45%
5.7
1 $6,056.00 13.70%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 5,031.51
15155 23RD AVE N
418 7,196.04 43.02% 4.19 5,297.42 5.28% 4.19 6,677.54 32.71%
4.19
1 $6,056.00 20.36%
28-118-22-24-0117 EAGLE PARTNERS II LLC 7625 BOONE AVE N 138 1,661.12
7625 BOONE AVE N
138 2,375.73 43.02% 3.14 3,969.90 138.99% 3.14 5,004.17 201.25%
3.14
1 $6,056.00 264.57%
1 $7,570.00 264.57%
4528 54,503.991 3,166 54,503.99 0.00% 43.11 54,503.99 0.00%1 34.20 54,503.99 0.00%
34.20
9 $54,503.99 0.00%
Temporary Overlay (100% assessed)
Total
Total
Trip Generation
Occupied"
Total
Total
Land
Occupied"
Front Foot Building KSF Change Value ($M)
Front Foot
Value ($M)
Front Foot
PIN FIRST NAME
Change Land Area
ASSESS. TOTAL
Change Land Area Change Units Change
PIN FIRST NAME ADDRESS
DAILY PRINTING INC
ASSESS. TOTAL
2208 86,668.21
ASSESS. TOTAL
30,099.87 65.27%
ASSESS. TOTAL
32,560.79 62.43%
ASSESS. TOTAL
51,832.60 40.19%
ASSESS. TOTAL
UNITED PROPERTIES INV CO
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 33,222.40
263.63%
1,086 23,369.92 29.66% 13.24 20,924.18 37.02% 7.24 14,422.84 56.59%
696
3 $22,710.00 31.64%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 4,408.59
1.0526
293 6,305.15 43.02% 7.08 11,189.06 153.80% 7.08 14,104.11 219.92%
29.68%
1 $7,570.00 71.71%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 10,472.28
PARKERS PT REAL ESTATE LLC
456 9,812.79 6.30% 7.59 11,995.05 14.54% 4.68 9,323.05 10.97%
1.5672
1 $7,570.00 27.71%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 2,888.90
60,172
192 4,131.70 43.02% 2.17 3,429.42 18.71% 2.17 4,322.87 49.64%
EAGLE PARTNERS 11 LLC
1 $7,570.00 162.04%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 8,772.04
16,290.03
583 12,545.73 43.02% 5.7 9,008.14 2.69% 5.7 11,355.00 29.45%
411,932
1 $7,570.00 13.70%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 6,289.39
0.00%
418 8,995.05 43.02% 4.19 6,621.77 5.28% 4.19 8,346.92 32.71% 1 $7,570.00 20.36%
28-118-22-24-0117 EAGLE PARTNERS II LLC 7625 BOONE AVE N 138 2,076.401 138 2,969.66 43.02%1 3.14 4,962.38 138.99%1 3.14 6,255.21 201.25%1 1 $7,570.00 264.57%
4528 68,130.001 3,166 68,130.00 0.00%1 43.11 68,130.00 0.00%1 34.20 68,130.00 0.00% 9 $68,130.00 0.00%
Non-traditional
Reconstruction (40% assessed) Total Trip Generation Total Land
Front Foot Building KSF Change Value ($M) Change Value ($M) Change
PIN FIRST NAME ADDRESS ASSESS. TOTAL ASSESS. TOTAL ASSESS. TOTAL ASSESS. TOTAL
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 86,668.21 69,758 30,099.87 65.27% 5.067 32,560.79 62.43% 2.647 51,832.60 40.19%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 11,500.07 96,916 41,818.28 263.63% 5.486 35,253.30 206.55% 1.5792 30,923.33 168.90%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 27,319.33 52,000 22,437.48 17.87% 3.571 22,947.42 16.00% 1.0526 20,611.63 24.55%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 7,536.37 22,650 9,773.25 29.68% 1.599 10,275.25 36.34% 0.4837 9,471.64 25.68%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 22,893.49 82,608 35,644.52 55.70% 5.989 38,485.60 68.11% 1.5672 30,688.35 34.05%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 16,405.82 60,172 25,963.61 58.26% 3.413 21,932.10 33.68% 0.9715 19,023.56 15.96%
28-118-22-24-0117 EAGLE PARTNERS 11 LLC 7625 BOONE AVE N 1381 5,421.21 27,828 12,007.50 121.49% 2.535 16,290.03 200.49% 0.7759 15,193.39 180.26%
Totals 4528 177,744.50 411,932 177,744.50 0.00% 27.66 177,744.50 0.00% 9.08 177,744.50 0.00%
Page 3
Mill and Overlay (40% assessed)
assessed)
Total
Total
Trip Generation
Trip Generation
Total
Total
Land
Land
Front Foot
Front Foot
Building KSF
Building KSF
Change Value ($M)
Value ($M)
Change Value ($M)
Value ($M)
Change
PIN FIRST NAME ADDRESS
ADDRESS
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
ASSESS. TOTAL
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 26,577.92 69,758 9,229.90 65.27% 5.067 9,984.52 62.43% 2.647 15,894.07 40.20%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 3,526.87 96,916 12,823.25 263.59% 5.486 10,810.16 206.51% 1.5792 9,482.40 168.86%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 8,377.82 52,000 6,880.28 17.88% 3.571 7,036.65 16.01% 1.0526 6,320.40 24.56%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 2,311.12 22,650 2,996.89 29.67% 1.599 3,150.83 36.33% 0.4837 2,904.41 25.67%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 7,017.63 82,608 10,930.12 55.75% 5.989 11,801.32 68.17% 1.5672 9,410.35 34.10%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 5,031.51 60,172 7,961.54 58.23% 3.413 6,725.31 33.66% 0.9715 5,833.43 15.94%
28-118-22-24-0117 EAGLE PARTNERS II LLC 7625 BOONE AVE N 1381 1,661.12 27,828 3,682.01 121.66% 2.535 4,995.21 200.71% 0.7759 4,658.94 180.47%
180.47%
Totals 4528 54,503.99 411,932 54,503.99 0.00% 27.66 54,503.99 0.00% 9.08 54,503.99 0.00%
Temporary Overlay (100% assessed) Total Trip Generation Total Land
Front Foot Building KSF Change Value ($M) Change Value ($M) Change
PIN FIRST NAME ADDRESS ASSESS. TOTAL ASSESS. TOTAL ASSESS. TOTAL ASSESS. TOTAL
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA 2208 33,222.40 69,758 11,537.37 65.27% 5.067 12,480.65 62.43% 2.647 19,867.59 40.20%
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 293 4,408.59 96,916 16,029.07 263.59% 5.486 13,512.70 206.51% 1.5792 11,853.00 168.86%
28-118-22-21-0029 POLARIS REALITY CORP 3500 AMERICAN BLVD W #200 696 10,472.28 52,000 8,600.35 17.88% 3.571 8,795.81 16.01% 1.0526 7,900.50 24.56%
28-118-22-21-0030 POLARIS II REALTY CORP 3500 AMERICAN BLVD W #200 192 2,888.90 22,650 3,746.11 29.67% 1.599 3,938.53 36.33% 0.4837 3,630.51 25.67%
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N 583 8,772.04 82,608 13,662.65 55.75% 5.989 14,751.65 68.17% 1.5672 11,762.93 34.10%
28-118-22-24-0011 WILLIAM W HICKS 15155 23RD AVE N 418 6,289.39 60,172 9,951.93 58.23% 3.413 8,406.64 33.66% 0.9715 7,291.79 15.94%
28-118-22-24-0117 EAGLE PARTNERS 11 LLC 7625 BOONE AVE N 1381 2,076.40 27,828 4,602.51 121.66% 2.535 6,244.02 200.71% 0.7759 5,823.67 180.47%
Totals 4528 68,130.00 411,932 68,130.00 0.00% 27.66 68130.00 0 9.08 68,130.00 0.00%
Page 4
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT made this day of '2007, by and between
the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and
the "Property Owner").
RECITALS
A. Property Owner is the fee owner of the following described property in the City of
Plymouth, County of Hennepin, State of Minnesota, hereinafter referred to as the "Subject
Property":
PIN
Lezal Description:
according to the recorded plat thereof, Hennepin County,
Minnesota.
B. On October 23, 2007, the City Council adopted Resolution No. 2007- levying a
special assessment against the Subject Property for Project No. 7101.
C. The parties wish to restructure the special assessment.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. SPECIAL ASSESSMENT FOR PROJECT NO. 7101. The special assessment
for Project No. 7101 against the Subject Property is $15,752.60. The special assessment is divided
into a current assessment of $7,876.30 and a deferred assessment of $7,876.30.
2. CURRENT ASSESSMENT. The current assessment of $7,876.30 shall be
payable in equal annual installments extending over a period of ten (10) years, the first installment
to be payable on or before the first Monday in January, 2008, and shall bear interest at the rate of
5.2% per annum for a 10 -year assessment period from the date of adoption of the assessment
134836v01 1
RNK:10/24/2007
Page 5
resolution. To the first installment shall be added interest on the entire assessment from the date of
the resolution until December 31, 2008. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
The Property Owner may, at any time prior to certification of the assessment to the County
Finance Director, pay the whole of the assessment with interest accrued to the date of payment to
the City Finance Director, except that no interest shall be charged if the entire assessment is paid
within 30 days from the adoption of this resolution; and he may at any time thereafter, pay the
City Finance Director the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 29 or interest will be charged through December 31 of the next
succeeding year. The Property Owner may also, within 30 days from the adoption of the
resolution, make a partial prepayment of at least $100 to the City Treasurer. The remaining
unpaid balance will be certified as the new assessment amount. The Property Owner may also at
any time prior to November 29, of any year, pay the remaining unpaid principal balance with
interest accrued to December 31 of the year in which such prepayment is made.
3. DEFERRED ASSESSMENT. The deferred assessment of $7,876.30 shall be
deferred until the Subject Property is subdivided. If the subdivision of the Subject Property results
in an additional access onto , the deferred assessment shall be levied such that the
last installment thereof will be payable not more than one year after the levy of the assessment, with
interest at the rate of 5.2% per annum with interest accruing from the date of the levy of the
assessment to the date that the assessment and interest thereon are paid in full. If subdivision does
not result in an additional access onto or if the property is not subdivided within
thirty (30) years of this agreement, the deferred assessment shall be waived by the City.
4. OBJECTION WITHDRAWAL AND WAIVER. The Property Owner
withdraws their written objection to the special assessment and -waives any and all procedural and
substantive objections to the public improvement and special assessments, including but not limited
to hearing requirements and any claim that the assessments exceed the benefit to the Subject
Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat.
429.081.
5. PRIOR AGREEMENTS. All prior agreements and understandings are superseded
by this Agreement.
6. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Property Owner and the Property Owner's successors and assigns. This Agreement may be recorded
against the title to the Subject Property.
134836v01 2
RNK:10/24/2007
Page 6
CITY OF PLYMOUTH
SEAL)
mm
Kelli Slavik, Mayor
Laurie Ahrens, City Manager
PROPERTY OWNER:
134836v01
RNK:10/24/2007
Page 7
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2007, by Kelli Slavik and by Laurie Ahrens, respectively the Mayor and City
Manager of the City of Plymouth, a Minnesota corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument -was acknowledged before me this day of
12007, by Dennis G. Bilski.
NOTARY PUBLIC
167.7_\9110111111
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (612) 452-5000
RNK: srn
134836v01 4
RNK:10/24/2007
Page 8
P;
tAgenda 7.2fltNumber:
Addtn3 Quatky to 07ff
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Joe Paumen, Reconstruction Program Manager
February 9, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works
Public Improvement Hearing and Order Plans and
Item: Specifications for the 2010 Street Reconstruction Project
Parkers Lake Corporate Center Area
City Project No. 10001
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution ordering the improvement, and authorizing the
preparation of plans and specifications for the 2010 Street Reconstruction Project, Parkers Lake
Corporate Center Area, City Project No. 10001.
2. BACKGROUND:
On January 14, 2010, the City Council accepted the Preliminary Engineering Report and
ordered a Public Hearing be held on February 9, 2010, for the 2010 Street Reconstruction
Project, Parkers Lake CoTorate Center area, City Project 10001. The Parkers Lake Corporate
Center Area includes 23' Avenue and 25d' Avenue, west of Niagara Lane, to and including
Polaris Lane.
It is staff s recommendation to reconstruct the streets in this area, installing the City's 9 -ton
design street section. Concrete curb and gutter exists on all streets in this area and is generally in
satisfactory condition. Any existing curb that is heaved or cracked is proposed to be removed
and replaced as necessary.
The Parkers Lake Corporate Center Area is being reviewed for opportunities to install Water
Quality Best Management Practices. Although this project is within the Bassett Creek
Watershed District, the Shingle Creek Watershed District has selected the easterly 150' of both
23rd Avenue and 25th Avenue as proposed areas for a paired intersection study. This study will
investigate the effects of porous asphalt and salt use. Any costs associated with the installation
of the porous pavement will be paid for by the Shingle Creek Watershed District.
Staff also recommends that repairs to the sanitary sewer system be included in the
reconstruction project. This will include the installation of inflow and infiltration sealing
systems that would be installed at every sanitary sewer manhole to reduce the amount of storm
water runoff that seeps through the manhole rings. Additionally, the watermain valves are
proposed to be replaced as part of this project due to the fact that they are at an age where bolts
begin to rust and fail, causing watermain breaks.
Page 1
Page 9
C Op I
The existing storm sewer system in the Parkers Lake Corporate Center Area is adequate with
minor repairs anticipated with the project. Draintile is proposed to be added to the bottom of the
street section and then attached to the storm sewer to allow for proper drainage of the street
subgrade.
The proposed assessments for this project are based on front footage and range from $5,421.21
to $86,668.21 per property. The attached map shows the proposed assessments for each
property. If the City Council orders the project and the preparation of the plans and
specifications, the Parkers Lake Corporate Center Area will be combined with the East Parkers
Lake Area due to its close proximity.
3. BUDGET IMPACT:
The Parkers Lake Corporate Center Area project is included along with the East Parkers Lake .
Area in the 2010-2014 Capital Improvement Program at an estimated cost of $6,800,000. The
total estimated project cost for both areas is approximately $5,526,000. The total estimated
project cost for the Parkers Lake Corporate Center area is $500,611.21, of which $177,744.49 is
proposed to be assessed.
4. ATTACHMENTS:
Map
Public Improvement Special Assessment Policy Street Reconstruction Summary
Estimated Assessment Rolls
Resolution
Page 2
Page 10
15300 25TH AVE
EST. ASSESSMENT
11,500.07
15150 25TH AVE
EST. ASSESSMENT
22,893.49
15350 25ThAE 25TH AVE N
EST. ASSESSMENT rr7,536.37
Z
2333 NIAGARA LANE N Z
EST. ASSESSMENT
86,668.21O
2355 POLARIS LANE '5 Q
EST. ASSESSMENT 2
27, 319.33
23RD AVE N
15155 23RD AVE. N
15255 23RD AVE. N EST. ASSESSMENT
EST. ASSESSMENT $16,405.82
5,421.21
N
2010 STREET RECONSTRUCTION PROJECT
CITY of PARKERS LAKE CORPORATE CENTER AREA
PLYMOUTH NO SCALE
Page 11
Ecapy
PUBLIC IMPROVEMENT SPECIAL ASSESSMENT POLICY
SREET RECONSTRUCTION SUMMARY
Street Reconstruction. The City Council has adopted a long-range plan providing for the
periodic reconstruction, including mill and overlay, of all paved city streets. With the
improvement of streets, as a result of reconstruction or mill and overlay, adjoining
properties receive special benefit that results in the increase of the property's value. It is
the policy of the City that this special benefit should be paid for by the property owner
receiving the special benefit rather than the City as a whole. This is accomplished by
specially assessing the benefited property as authorized by State Statute, Section 429.
The following is the City of Plymouth's policy regarding special assessments to
properties benefiting from street improvements.
a. It is the policy of the City to specially assess abutting benefiting propertyies for
street reconstruction costs, but not in excess of the special benefit to the property.
This policy applies to all streets that are public streets.
b. The assessment amount for the reconstruction or mill and overlay of previously
paved streets shall be determined annually by the City Council.
The assessment amount is based on the following:
1) Benefited properties shall be assessed 40% of the actual project cost.
2) For the purposes of street reconstruction or mill and overlay, the project
costs will include the cost of replacing or repairing concrete curb and
gutter. In those cases where bituminous curbing is replaced with concrete
curb and gutter, or where curb and gutter did not previously exist, the
additional special benefit will be assessed. The cost to be assessed shall
be 100% of the cost of installing the concrete curb and gutter. This cost
will be assessed on either a front foot or unit basis. The addition of a
storm sewer system will also be considered an additional benefit and shall
be assessed at 100% of the cost.
3) Assessments for properties guided or zoned for single-family use shall be
made on a per parcel (unit) basis for a local residential or residential low
volume street design standard as provided for in Plymouth City Code and
Engineering Guidelines. A property may be assessed for more than one
unit in cases where the property could be reasonably further subdivided in
accordance with current zoning and subdivision requirements.
4) For properties guided or zoned for other than single family use, the City
shall calculate equivalent units based on the guided or zoned use. The
equivalent units may be based on front footage or area depending upon the
guided or zoned use and parcel configuration.
5) If a street is reconstructed to a design standard greater than the current
design standard due to the guided or zoned uses, the additional cost to
Page 4
Page 12
reconstruct the street shall be fully assessed to those properties. If the
street is reconstructed to a design different than the current standard, the
total cost shall be fully assessed to those properties if conditions warrant.
6) Properties abutting county roadways reconstructed to complete urban
design and having reasonable access thereto shall be assessed in
accordance with this policy. The assessments shall be used to defray the
City's cost participation in the county improvement projects.
7) Properties or areas of property that have been determined to be
unbuildable shall be excluded from assessments.
8) Properties not abutting roadways reconstructed to complete urban design
but whose primary public street access is from said roadway shall be
assessed an amount equal to the special benefit received as determined by
a certified real property appraiser.
9) Assessments shall normally be levied for a period not to exceed five (5)
years for assessments of $5,000 or less, ten (10) years for assessments
greater than $5,000 but $10,000 or less, and fifteen (15) years for
assessments greater than $10,000.
10) Partial prepayments of assessments can be made in accordance with
Amended Chapter III of the Plymouth City Code (Ordinance 2005-06).
11) Senior Citizens and Disabled People Special Assessments Deferrals in
accordance with City policy (if you are at least 65 years of age or are
disabled, you may qualify to have special assessments deferred). Other
deferrals may be available as authorized by State Statute, Section 429.
Page 5
Page 13
2010 STREET RECONSTRUCTION PROJECT, PARKERS LAKE CORPORATE CENTER AREA -ESTIMATED ASSESSMENT ROLLS
PIN FIRST NAME SECOND NAME ADDRESS C,S,Z ASSESS. TOTAL
28-118-22-21-0011 DAILY PRINTING INC 2333 NIAGARA LA PLYMOUTH, MN 55447 86,668.21
28-118-22-21-0027 UNITED PROPERTIES INV CO 3500 AMERICAN BLVD W #200 BLOOMINGTON, MN 55431 11,500.07
28-118-22-21-0029 POLARIS REALITY CORP UNITED PROPERTIES LLC 3500 AMERICAN BLVD W #200 BLOOMINGTON, MN 55431 27,319,33
28-118-22-21-0030 POLARIS II REALTY CORP UNITED PROPERTIES LLC 3500 AMERICAN BLVD W #200 BLOOMINGTON, MN 55431 7,536.37
28-118-22-21-0031 PARKERS PT REAL ESTATE LLC 15150 25TH AVE N PLYMOUTH MN 55447 22,893.4E
28-118-22-24-0011 WILLIAM W HICKS CATHERINE HICKS 15155 23RD AVE N PLYMOUTH, MN 55447 16,405.82
28-118-22-24-0117 EAGLE PARTNERS II LLC 7625 BOONE AVE N BROOKLYN PARK, MN 55428 5,421.21
Page 6
CITY OF PLYMOUTH
TC COPY
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE
2010 STREET RECONSTRUCTION PROJECT, PARKERS LAKE CORPORATE CENTER AREA
CITY PROJECT N0. 10001
WHEREAS, the City Council adopted a resolution on the 12th day of January, 2010, which
fixed a date for a council hearing on the proposed improvement of the 2010 Street Reconstruction
Project, Parkers Lake Corporate Center Area, City Project No. 10001, including 23`d Avenue and
25th Avenue, west of Niagara Lane, to and including Polaris Lane; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was held thereon the
9th day of February, 2010, at which all persons desiring
to be heard will be given an opportunity to be heard thereon; and
WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes) since
the project has not been petitioned for by the benefiting owners.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the
City of Plymouth, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
February 9, 2010.
3. The Plymouth Engineering Department is designated as engineer for the
improvement. They shall prepare plans and specifications for the making of such
improvement.
4. The city council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of the tax exempt bond.
APPROVED THIS 9TH DAY OF FEBRUARY, 2010.
Page 7
Page 15
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE
2010 STREET RECONSTRUCTION PROJECT, PARKERS LAKE CORPORATE CENTER AREA
CITY PROJECT N0. 10001
WHEREAS, the City Council adopted a resolution on the 12th day of January, 2010, which
fixed a date for a council hearing on the proposed improvement of the 2010 Street Reconstruction
Project, Parkers Lake Corporate Center Area, City Project No. 10001, including 23rd Avenue and
25th
Avenue, west of Niagara Lane, to and including Polaris Lane; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was held thereon the 9th day of February, 2010, at which all persons desiring
to be heard will be given an opportunity to be heard thereon; and
WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes) since
the project has not been petitioned for by the benefiting owners.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the
City of Plymouth, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
March 9, 2010.
3. The Plymouth Engineering Department is designated as engineer for the
improvement. They shall prepare plans and specifications for the making of such
improvement.
4. The city council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of the tax exempt bond.
APPROVED THIS 9TH DAY OF MARCH, 2010.
Page 16
rp)city of
Plymouth
Agenda Q.2Number: v
Adding QuaPity to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer
March 9, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works
Order Plans and Specifications for the
Item: South Shore Drive Rehabilitation Project
City Project No. 10002
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution ordering the improvement, and authorizing the
preparation of plans and specifications by the City Engineering Department for the South Shore Drive
Rehabilitation Project, City Project No. 10002. This resolution requires 6 votes for approval.
2. BACKGROUND:
On February 23, 2010, the City Council held the pubic hearing for the South Shore Drive project area,
and attached is the report from the meeting. This area is located on South Shore Drive from 10th
Avenue to the City of Medicine Lake and from the City of Medicine Lake to the cul-de-sac, and
13th
Avenue from South Shore Drive to Nathan Lane.
After the close of the hearing the City Council made a motion to order the improvement including
reinstalling the four existing speed humps on South Shore Drive, from the City of Medicine Lake to 13th
Avenue. The attached resolution has been modified from the original resolution to include a provision
for the speed humps as directed by the City Council.
To provide further traffic calming to the area raised crosswalks could be installed at three existing
crosswalk locations at 13th Avenue, just east of South Shore Drive, South Shore Drive at the Luce Line
Trail and South Shore Drive, just north of 11th Avenue. Attached is a map showing where the existing
speed humps are located and where the raised crosswalks could be installed. Also attached is a detail of
a raised crosswalk. Each speed hump or raised crosswalk is estimated to cost $2,300.
3. BUDGET IMPACT:
In addition to the costs provided in the February 23, 2010 Council Report, the total estimated cost to
install the 4 speed humps and 3 raised crosswalks is $17,500.
4. ATTACHMENTS:
Traffic Calming Measures Map
Raised Crosswalk Detail
February 23, 2010 Council Report
Resolution
Page 1
RAISED CROSSWALK
Sharks tcmth
450 (1.6) typ- pavement marking
V, V
B
co
coco
A
Exist rig curblina
Tyr OMAY,57REET ON Y STRE
o as
klC',
Install apek table warning signs L
as discussed in chap(er:Z I
Exi -ng
road y
Parabolic section
300 (1 typ.
Parabolic 75 (F) typ- Flat 75 (31') typ, Parabolic
18co 46')
Section A -A Existing roadway
300 (1", tip.
75 (7) typ-
Vanes Varies L
Existing roadway
Existing curb Godion B -B
Not To Scale
Page 3
rp)city .Of Agenda 7.7PlydiouthNumber:
aadfns 0-1,0ty to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer
February 23, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works
Public Improvement Hearing and Order Plans
Item: and Specifications for the South Shore Drive
Rehabilitation Project
City Project No. 10002
1. ACTION REQUESTED:
Make a motion to adopt the attached resolution ordering the improvement, and authorizing the
preparation of plans and specifications by the City Engineering Department for the South
Shore Drive Rehabilitation Project, City Project No. 10002. This resolution requires 6 votes
for approval.
2. BACKGROUND:
On February 9, 2010 the City Council accepted the Preliminary Engineering Report and set
February 23, 2010 as the public hearing date for the South Shore Drive project area. This
area is located on South Shore Drive from 10th Avenue to the City of Medicine Lake and
from the City of Medicine Lake to the cul-de-sac, and 13th Avenue from South Shore
Drive to Nathan Lane. Attached is a map showing the project location.
A full depth mill and overlay is proposed for this project. A full depth mill and overlay will
remove the entire bituminous surface, between 4-6 inches in the area, to the existing gravel
section that is between 17 to 37 inches deep. It is proposed to install and grade approximately
2" of recycled aggregate material to direct storm water runoff off of the new street and to
bring the new street to the proper elevations. Finally, it is proposed to install 4 inches of
bituminous on the aggregate material. In most cases the street widths will be installed to
match the existing widths, which are generally 22 to 25 feet wide, with some areas between 33
and 40 feet wide.
Concrete curb and gutter is only proposed to be replaced in areas where the existing curb and
gutter is damaged, heaved or settled. Storm sewer pipe and structures that are in need of
repair will be replaced as part of this project. A 6 foot concrete sidewalk is proposed to be
installed on the west side of South Shore Drive between 11th Avenue and the Luce Line Trail.
There are three speed humps that are currently installed on South Shore Drive between the
City of Medicine Lake and 13th Avenue. Because there is a moratorium on the installation of
these, they are not proposed to be installed with this project at this time. The City has
P:\Organization\Cowicil\Council StaffReports\2010 StaffR,=s\0223 I O\z 71 1 ENG PublicHrg_OrderPlans_10002.docx
Page 1
Page 4
received a petition from the adjacent property owners requesting the City to reinstall these
speed humps. Attached are the petition and a map showing the properties who signed the
petition. These speed humps can be added at a later date without major concerns if the City
Council removes the moratorium and directs staff to install them.
Water Quality Best Management Practices are proposed with this project by the installation of
a rain garden and compost swales. One possible location is on the City owned property on the
east side of South Shore Drive, north of 13`i' Avenue. In addition, compost swales will be
considered in areas where storm water flows directly into Medicine Lake or the adjacent
wetlands.
Improvements to the sanitary sewer system are also proposed with this project. For the
sanitary sewer system, inflow and infiltration sealing systems would be installed at all sanitary
sewer manholes to reduce the amount of storm water runoff that seeps through the manhole
rings.
Currently, there is no watermain installed in the City of Medicine Lake as it is capped at both
city boundaries. Therefore, it is recommended to loop the water system through the City of
Medicine Lake. This will provide benefit in increasing water flows, improving water quality
and will reduce the number of properties that will have their water shut off if there is a water
main break in the area. It also will provide the City of Medicine Lake an option to hook up to
public water if they choose to do so in the future without impacting the newly paved street.
The City of Medicine Lake will be responsible to pay for any work that they specifically
request such as services, hydrants and associated appurtenances.
The City of Medicine Lake has also expressed interest in a mill and overlay of South Shore
Drive within their City limits. In addition to the mill and overlay, a trail extension is also
proposed from the Luce Line Trail to Peninsula Road. An agreement between Medicine Lake
and Plymouth is in process that will allow Plymouth staff to combine both projects into one
larger one. Plymouth will be reimbursed for any design and construction costs associated
with Medicine Lake's portion. Attached is a copy of the draft agreement.
The adjacent properties are proposed to be assessed per the current Street Reconstruction
Assessment Policy. This policy recommends assessing 40% of the total mill and overlay cost..
The proposed assessments for this project are per unit and are $2,161.68 per single family
residential lot. There are also commercial and multi -family lots located within the project.
For the commercial lots, the assessments were determined by front footage and have a range
of assessments of $8,705.67 to $16,625.27. The assessments for the multi -family lots were
determined by area. These proposed assessments range from $6,367.95 to $26,978.18.
There are three multi -family properties that were recently constructed. As part of the
agreement, the developer prepaid the assessment for the future South Shore Drive project.
However, the developer paid the City for a reconstruction project, not for a full depth mill and
overlay project that is currently proposed. Because of this, if this project does proceed, the
City will reimburse the three developers the difference in cost based on the final assessment.
PAOrganizationToundhCouncil Staff Reportsl3010 Staff ReportA022310\z 71 1 ENG_PublicHrg_OrderPlans_10002.docx
Page 2
Page 5
3. BUDGET IMPACT:
The total estimated project cost for the South Shore Drive area is approximately $885,000, of
which $261,000 would be assessed. The watermain extension is estimated at $200,000 and
will come from the Utility Trunk Fund. The sanitary sewer improvements are estimated at
14,000 and will be funded from the Sewer Fund. The installation of the rain garden and
compost swales is estimated at $30,000 and will come from the Water Resources Fund. This
project is included in the 2010-2014 Capital Improvement Program at an estimated cost of
2,020,000 for street reconstruction.
4. ATTACHMENTS:
Map
Petition
Assessment Map
Draft Joint Agreement
Resolution
P:\Organization\Counci1\Counci1 Staff Reports\2010 Staff Reports\022310\z 71 1 ENG PublicHrg_OrderPlans_10002.docx
Page 3
Page 6
N
South Shore Drive Rehabilitation Project
C.P. 10002
Proposed Location Map
T
Medicine Lake
ti
A
Streets included.in project
Page 7
October 15'x, 2009
City of PIYMGuth
Re: South Shore Drive Street Reconstruction Project No. 10002
City Council,
This is a Petition for the city of Plymouth to keep the current speed humps and consider installing one
more oa the West end of South Shore Dr coming out of the Medicine Lake Chateau.
Name Address
S' f
Signature
ift eAe
a U4 h S h Gr, o
T'd 28T8 -3V9 -ESL dnois 2uiuueld awcoul 4as =ao GPaJ6 5°0
Page 8
Lot' I o-r're (1
Lick A*i sv
OAF
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1 51.5 5- S Ktyt "Dr -?A a m
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r
Page 9
26,978.18
9,791.57
6,367.95
11,366.44
16,625.27
9,884.76 $8,705.67
10,376.05
South Shore Drive
Assessment Map
G. P. 10004
MPrepaid Assessments N
IM Single Family Assessments of $2,161.68 A
JOINT POWERS AGREEMENT
BETWEEN THE CITY PLYMOUTH AND THE
CITY OF MEDICINE LAKE FOR THE
SOUTH SHORE DRIVE REHABILITATION PROJECT
THIS AOREENWNT is entered into between the CITY OF PLYMOUTH, a
Minnesota municipal corporation (hereinafter referred to as "Plymouth") and the CITY OF
MEDICINE LAKE, a Minnesota municipal corporation (hereinafter referred to as
Medicine Lake"), with the parties collectively hereinafter referred to as the "Cities".
WHEREAS, the Cities desire to implement the design and construction of the South
habilitatin the cities "Proi ect"). ' s d,!= AIREMIRM
1 • •pa -1 {
qf •
gl
dated RguarvNIO 10
NOW
two i to
the
of
parties
1. PLANS AND SPECIFICATIONS. The City of Plymouth will prepare
plans and specifications for the Project consistent with Plymouth design standards.
2. BIDDING. Plymouth will advertise forbids for the construction of the
Project in accordance with Minnesota Law and will provide Medicine Lake with an
analysis of the bids received. Plymouth must obtain Medicine Lake's concurrence with
the award of the bid to a contractor.
3. CONTRACT AWARD. Plymouth shall prepare contract documents and
enter into a contract with the approved bidder.
4. COST ALLOCATION. Relevant project costs shall be calcualated and
distributed by Plymouth based on estimated quantities attributable to work performed
within each corporate boundary and will be paid by each Party based on final actual
quantities attributable to work performed within each corporate boundary. All costs for
work associated with the extension of watermain through Medicine Lake shall be paid for
130582v01
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1
Page 9
Page 12
by Plymouth except for those items specifically requested by Medicine Lake such as
water services orhydrants and associated appurtenances. Project costs include
engineering, inspection, testing and construction costs.
5. OWNERSHIP. Each party shall own the portion of the Project located
within its corporate boundaries. The City of Plymouth shall own the portion of
watermian that will be installed within Medicine Lake except for those items specifically
requested by Medicine Lake such as water services or hydrants and associated
appurtenances. Utilization of Plymouth's watermain or sanitary sewer by Medicine Lake
will require the execution of an Agreement for Joint Usage of Sanitary Sewer and Water
Facilities by both Parties. This agreement must be executed prior to connection to either
facility.
party and changes to the plans must be approved by either parry prior to execution of
work.
8. RULES AND REGULATIONS. Plymouth shall abide by Minnesota
Department of Transportation standard specifications, rules and contract administration
procedures.
9. INDEMNIFICATION. Plymouth agrees to defend, indemnify, and hold
harmless Medicine Lake against any and all claims, liability, loss, damage, or expense
arising under the provisions of this Agreement and caused by or resulting from negligent
acts or omissions of Plymouth and/or those of Plymouth employees or agents. Medicine
Lake agrees to defend, indemnify, and hold harmless Plymouth against any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement
for which Medicine Lake is responsible, including future operation and maintenance of
facilities owned by Medicine Lake and caused by or resulting from negligent acts or
omissions of Medicine Lake and/or those of Medicine Lake employees or agents. Under
130582v0 i 2
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Page 10
Page 13
no circumstances, however, shall a party be required to pay on behalf of itself and the
other party any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to any one party. The limits of liability for both parties
may not be added together to determine the maximum amount of liability for either party.
The intent of this paragraph is to impose on each party a limited duty to defend and
indemnify each other subject to the limits of liability under Minnesota Statutes Chapter
466. The purpose of creating this duty to defend and indemnify is to simplify the defense
of claims by eliminating conflicts among the parties and to permit liability claims against
both parties from a single occurrence to be defended by a single attorney.
ply: PI h
ployee" • i xw' s9 /
Y
I':s 1 1 9 1 _ • kip ri t /•
MINI IFN not
12. INTEGRATION. The entire and integrated agreement of the parties
contained in this Agreement shall supersede all prior negotiations, representations, or
agreements between Plymouth and Medicine Lake regarding the Project; whether written
or oral.
IN WITNESS THEREOF, the parties have caused this agreement to be
executed by their duly authorized officials.
CITY OF PLYMOUTH
s
Kelli Slavik, Mayor
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CITY OF MEDICINE LAKE
9
Mary Anne Young, Mayor
Page 11
Page 14
l
Laurie Ahrens, City Manager
130ss2vol
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Page 12
Page 15
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE
SOUTH SHORE DRIVE REHABILITATION PROJECT
CITY PROJECT NO. 10002
WHEREAS, the City Council adopted a resolution on the 23r1 day of February, 2010,
which fixed a date for a public hearing on the proposed improvement of South Shore Drive
from 10th Avenue to the City of Medicine Lake and from the City of Medicine Lake to the
cul-de-sac, and 13th Avenue from South Shore Drive to Nathan Lane; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing
was given, and the hearing was held thereon the 23rd day of February, 2010, at which time all
persons desiring to be heard will be given an opportunity to be heard thereon, and
WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes)
since the project has not been petitioned for by the benefiting owners.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of
the City of Plymouth, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted February 23, 2010.
3. The Plymouth Engineering Department is designated as engineer for the
improvement. They shall prepare plans and specifications for the making of
such improvement.
4. The city council declares its official intent to reimburse itself for the costs of
the improvement from the proceeds of the tax exempt bond.
APPROVED THIS 23RD DAY OF FEBRUARY, 2010.
Page 13
Page 16
CITY OF PLYMOUTH
RESOLUTION N0. 2010 -
A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE
SOUTH SHORE DRIVE REHABILITATION PROJECT
CITY PROJECT N0. 10002
WHEREAS, the City Council adopted a resolution on the 9th day of February, 2010, which fixed
a date for a public hearing on the proposed improvement of South Shore Drive from 10th Avenue to the
City of Medicine Lake and from the City of Medicine Lake to the cul-de-sac, and 13th Avenue from
South Shore Drive to Nathan Lane; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given,
and the hearing was held thereon the
23rd
day of February, 2010, at which time all persons desiring to
be heard will be given an opportunity to be heard thereon, and
WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes) since the
project has not been petitioned for by the benefiting owners.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the City
of Plymouth, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted
March 9, 2010.
3. The Plymouth Engineering Department is designated as engineer for the improvement.
They shall prepare plans and specifications for the making of such improvement to
include speed humps where feasible and appropriate.
4. The city council declares its official intent to reimburse itself for the costs of the
improvement from the proceeds of the tax exempt bond.
APPROVED THIS 9T" DAY OF MARCH, 2010.
Page 17
rp)City of
Plymouth
Agenda 9. 1Number: `J
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Cal Portner, Administrative Services Director
March 9, 2010 Reviewed by:
Item: Legislative Update
1. ACTION REQUESTED:
Review the recent legislative action and adopt the attached resolution supporting the
Community Access Preservation (CAP) Act.
2. BACKGROUND:
Following is a brief update of legislative items that may have an impact on the City of Plymouth.
HF2959 — Employment/Mandatory Sick Leave
Hearings were held this week in the Health Policy Committee on HF2959: The Emergency Public
Health Protection Act (Rep. Lesch). The Chamber of Commerce and League of Minnesota Cities
testified against the bill. The Municipal Legislative Commission submitted a letter of opposition.
This bill is similar to last year's Mandatory Sick Leave bill, which the MLC opposed. The new
version appears to be focused on H1N1 and other contagious illness outbreaks. While the chief
authors have slightly tightened the mandates, the costs to local units of government remain very
high. The bill requires:
Employers with 10 or more people must provide at least 72 paid sick leave hours in
a year for every employee working more than 30 hours.
Employers with fewer than 10 people must provide at least 40 paid sick leave hours
in a year for every employee working more than 30 hours.
Employers must provide employees who work fewer than 30 hours a week pro-
rated paid sick leave hours based on a formula to be determined by the
commissioner.
Sick leave may be used for yourself, immediate family or extended family and must
be granted with no more than an "oral request".
Employers face civil liability for failing to comply with the bill's requirements.
This is could create a huge new cost to cities for part-time and seasonal workers. Also, it is not
clear how it would impact cities, like Plymouth, with Paid Time Off (PTO) leave programs in lieu
of sick leave.
HF1746 — Inflatable Amusement Equipment
Rep. Sarah Anderson contacted the city last week to determine our position on HF 1746, a bill
regulating inflatable amusement equipment (inflatables). She recalled that the Plymouth
Page 1
Fieldhouse uses inflatables for children's play and wanted to know how it would impact the city.
The bill would require the following:
Placement on certain surfaces
Supervision for each inflatable
Registration and a fee to the commissioner of labor
Additional insurance
The City Attorney's office has reviewed the bill and indicated that as written, it would only apply
to inflatables used for profit. The city would be exempt from the requirements and additional
costs.
Post Office Update
The city has received a response from the office of Sen. Franken regarding the status of the
Plymouth and other area U.S. Post Offices. They stated that Plymouth and four other metro
facilities are not slated for closure and are not under the Station and Branch Optimization
process.
Sen. Franken's office was told by the Western Facilities Services office that the metro facilities,
with the exception of Hopkins, are identified for potential sale or development under our facilities
optimization process. Hopkins is no longer under consideration to be sold.
Facility optimizations create opportunities to sell underutilized facilities that are no longer
required. The sale of any facility will be subject to the continuation of retail services (including
PO Boxes) either in the existing facility or relocating to another space in close proximity to the
existing facility. The USPS will remain in the current facilities until the facility is sold and
alternate quarters are located within the community to continue retail services. The entire process
is in the early stages and no decisions whether to move forward have been made.
Community Access Preservation Act (CAP)
The Northwest Suburban Cable Communications Commission (NWSCCC) has requested that
each of its member cities adopt the attached resolution supporting the Community Access
Preservation Act. The proposed legislation is aimed at: 1) ensuring that public, education and
government access channels remain accessible to all cable subscribers; and 2) protecting local
franchising authority.
The attached memo from NWCCC attorney Adrian Herbst provides additional detail on the
proposed legislation.
Legislative Priorities
The city council identified 16 items in the areas of Transportation, Community Development,
Public Safety and General Government to seek legislative help and to follow during this
legislative session. At this time, two of the areas have had legislative or proposed administrative
action. Item III -E, Public Safety, Fire State Aid (2% fund) and item IV -E, General Government,
Election Law.
Fire State Aid (2% Fund)
Governor Pawlenty has proposed use of the Fire Safety Account as a source of funds to help
balance the state's budget. Since 2007, homeowners and commercial property owners have paid
Page 2
a "fire safety surcharge" of 0.65 percent on insurance premiums. The surcharge, which is listed
as a line -item on policyholders' statements, is deposited into the Fire Safety Account. The
account is used for firefighter training, state chemical and decontamination response teams, as
well as the State Fire Marshall's office.
The average homeowner pays $5.20 into the fund annually. The governor is proposing to divert
6.9 million from the fund in 2010 and another $3 million in 2011 to the state's general fund.
The proposal would leave about $1 million per year in the account. Since 2007, the Fire Safety
Account has provided $2 million to partially reimburse over 400 fire departments for training
expenses. It also funds the State Fire Marshall's office, which assists local fire departments. In
2009, Plymouth received $3,669.50 from the fund. We have applied for additional training
reimbursement but have not been approved.
The LMC is opposing this, as is the State Fire Chief's Association. In addition to the local costs,
it is unfortunate that the Fire Safety Account was established as recently as two years ago and
already the funds may be diverted for use in the State general fund.
Election Law
Governor Pawlenty signed into law a new Primary Election bill that passed the Senate and House
by overwhelming margins. The new law moves the primary election date to the second Tuesday
in August to better accommodate overseas and military absentee voting. Sen. Bonoff was the
senate bill sponsor.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
MLC Government Affairs Update (3/4/10)
MLC Bill Tracking Report
NWSCCC CAP Act Memorandum
Resolution
Page 3
MUNICIPAL
LEGISLATIdE
COMMISSION
Member Cities: Apple Valley, Bloomington, Burnsville, Eagan,
Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove,
Maplewood, Minnetonka, Plymouth, Shoreview, Woodbury
MLC Board Meeting, Maplewood Community Center
MLC 2010
Legislative Update
March 4, 2010
League of Minnesota Cities Building
145 University Avenue West, Suite 450 • St. Paul, Minnesota 55103
Telephone: (651) 228-9757 • Facsimiles (651) 228-9787
Page 4
I. FEBRUARY FORECAST (MARcR 3)
994 million budget deficit forecast for current biennium (down from $1.2 billion
projected in November Forecast)
o $25 million net -increase in revenues
o $184 million reduction in projected expenditures (including higher Federal
reimbursements for Medicaid spending)
5.8 billion shortfall projected for 2012-13 (up from $5.4 billion projected in
November Forecast)
II. GOVERNOR'S BUDGET PROPOSAL,
In summary, Governor Pawlenty proposes cutting the following areas:
Aids to Local Government FY 2011: $250 million ($125 million city aids, and $125
million in county aids)
2-
Page 5
Local Government Aid and Market Value Credit Reduction
The proposal would reduce local government aid (LGA) to cities. The total reduction amounts
would be as follows:
For aids payable in 2010, the reduction would be calculated as 8.158% of levy plus aid for each
city. The reduction would first be taken froin the remaining 2010 local government aid and then
from the market value credit if there is not enough state aid.
For aids payable in 2011 and thereafter, the reduced appropriation would be distributed through
the local government aid formula, and the market value credit reductions would be carried
forward.
a Permanently reduces LGA to $337.6 million
40 Proposing diverting funds from Firefighter Training Account to the General Fund:
6.9 million in 2010, $3 million in 2011)
a Health & Human Services: $347 million
Extended Federal Medicaid Match. $387 million (anticipated revenue)
a Higher Education Institutions: $47 million
a State Agencies/Grants/Other: $181 million
Proposed MLC City Reductions (estimates):
3-
Page 6
Eden Prairie 435,695 435,695 1.36 0 0
Edina 222,451 222,451 0.92 0 0
Inver Grove 612,466 590,826 3.83 21,640 0.50 0
Hts.
Lakeville 731,415 686,480 2.92 44,935 0.39 0
Maple 832,960 829,965 2.90 2,995 0.01 0
Grove
Maplewood 574,336 566,817 3.57 7,519 0.05 0
Minnetonka 485,766 485,760 1.69 6 0
Plymouth 551,911 551,911 1.95 0 0
Shoreview 338,312 317,648 3.68 20,664 0.23 0
Woodbury 804,255 695,559 2.64 108,696 0.40 0
Other Exam les:
4-
Page 7
A. Issues with MVHC cut "estimates"
Conference call with Department of Revenue
Dakota County estimates run (see appendix)
M. MLC LEGISLA'T'IVE AGENDA.
A. Eliminate MVHC Program — direct aid to homeowners and
address state deficit
How should MLC proceed?
Do we want to introduce legislation eliminating the MVHC?
Feedback on key meetings re: MVHC
1. Meeting with Chair Lenczewski
Requested "caution" in MVHC proposals
Working with Property Tax Chair Marquart on best approach to
MVHC
Have time to move a MVHC proposal
2. Meeting with Property Tax Chair Marquart
Working on proposal to eliminate MVHC and replace it with a
homestead class rate reduction
Not aware of "impact" to this proposal, nor does it have "runs"
Understands how important MVHC is in Greater MN. Pointed out
that 58% of total MVHC is in rural MN.
3. Meeting with Chair Bakk and Pro ert Tax Chair 5koe
May have target of 3% cut from Tax Committee ($93 million) to
address the $1.2 billion deficit
Looking for input from local units of government
Doesn't want to impose cuts that hurt some cities and not others
looking for "shared pain"
Is open to "restructuring" the MVHC and phasing the credit out
earlier to save money,
5-
Page 8
4. Meeting with Governor's Office -- Brian Steinhoff
Governor is not proposing or supporting any "direct" property tax
increases
However, if the Legislature put a package together that reformed
the MVHC program, he would consider it
5. Meeting with Commissioner of Revenue — Ward Einess and Beth Kadoun
Reiterated Governor's concern about directly raising property
taxes
6. H F 3082 (Lenezewski): _Budget Balancing Bill
Introduced by the Tax Chair
Balances the $1.2 billion deficit through significant reductions to
schools, counties and cities
o Cities - $115 million
o Counties - $70 million
o Schools - $354 million
Reduces LGA and MVHC payments for calendar year 2010 by
115 million ($108.7 million in LGA, $6.3 million in MVHC) on
top of the $129 million in 2010 unallotment reductions (about 90%
of Governor's proposed cut)
The savings to the state from MVHC would be realized through a
modification to the MVHC formula (full text provided below)
o Currently, MVHC is equal to .4 percent of the value of a
home up to a $76,000 max, and then reduced .09 percent of
the home's market value in excess of $76,000
o Under bill, credit would be equal to .35 percent of the value
of a home up to a $76,000 max, and then reduced to .121
percent of the market value in excess of $76,000
1.16 Sec. 2. Minnesota Statutes 2008, section 273.1384, subdivision 1, is amended to read:
1.17 Subdivision 1. Residential homestead market value credit. Each county auditor
1.1s shall determine a i-lomestead credit for each class 1w, 1b, and 2a homestead property within
1.19 the county equal to 0-4 0.35 percent of the first $76,000 of market value of the property
1.20 minus -.03 0.121 percent of the market value in excess of $76,000. The credit amount may
1.21 not be less than zero. In the case of an agricultural or resort homestead, only the market
1.22 value of the house, garage, and immediately surrounding one acre of land is eligible in
1.23 determining the property's homestead credit. In the case of a property that is classified as
1-24 part homestead and part nonhomestead, (i) the credit shall apply only to the homestead
S
Page 9
2.1 portion of the property, but (ii) if a portion of a property is classified as nonhomestead
2.2 solely because not all the owners occupy the property, not all the owners have qualifying
2.3 relatives occupying the property, or solely because not all the spouses of owners occupy
2.4 the property, the credit amount shall be initially computed as if that nonhomestead portion
2.5 were also in the homestead class and then prorated to the owner -occupant's percentage
2.6 of ownership. For the purpose of this section, when an owner -occupant's spouse does
2.7 not occupy the property, the percentage of ownership for the owner -occupant spouse is
2.s one-half of the couple's ownership percentage.
2.9 EFFECTIVE DATE.This section is effective for taxes payable in 2011 and
2.10 thereafter.
B. Fiscal Disparities Stud — Paid for by Fiscal Disparities Pool
1. Meeting with Senator Rest
0 Would support doing a fiscal disparities study using FD pool
0 Senate Counsel is drafting a bill for a fiscal disparities study paid
for with FD pool
The 1 -year lag on fiscal disparities will be implemented in 2011:
67.24 Sec. 50, REPORT BY ADMINISTRATIVE AUDITOR.
67.25 The administrative auditor selected pursuant to Minnesota Statutes, section
67.26 473):.03, with the cooperation of the county auditors in the area defined by Minnesota
67.27 Statutes, section 473F.02, subdivision 2, shall study the feasibility of basing fiscal
67.2e disparities calculations on current year tax rates rather than previous year tax rates,
67.29 and report the results of the study to the chairs and tanking minority_ members of the
67.30 house of representatives and senate tax committees by February 1, 201 l.. The study shall
67.31 specifically address any complications that arise from the inclusion of the referendum
67.32 market value levy in the fiscal disparities calculations. The report should include any
67.33 recommendations for amendments to Minnesota Statutes, chapter 473F, that would be
67.34 necessary to implement the change.
68.1 EFFECTIVE DATE.This section is effective the day following final enactment.
2. Meeting with Chair Lenczewski
Supports a fiscal disparities study, however will not support taping
Any money from the FD pool for Any purpose
8 Open to ideas, but indicated there is no money to fund the study
7-
Page 10
C. Volunteer Firefighter Relief Association Amortization Language
Chante
H.F. 3280 (M. Murphy); S.F. 2812 (Betzold)
Will be shown to State Auditor's Office to ensure it does what we want,
and doesn't negatively impact the State fire aid payments
Working with Senator Betzold on having the bill heard (he told us the last
hearing of the Pension Commission will be Friday)
A Real Estate Forfeiture Statute Change
Meeting with Representative Marquart to see if he's interested in carrying
the bill.
Draft language has been prepared:
Minn. Stat. _ 282-012 Subd 3. Nonconservation lands; appraisal and sale.
All parcels of land classified as nonconservation, except those which may be reserved, shall be
sold as provided, if it is determined, by the county board of the county in which the parcels lie,
that it is advisable to do so, having in mind their accessibility, their proximity to existing public
improvements, and the effect of their sale and occupancy on the public burdens. Any parcels of
land proposed to be sold shall be first appraised by the county board of the county in which the
parcels lie. I'he parcels may be reappraised whenever the county board deems it necessary to
carry out the intent of sections 282.01 to 282.13. In an appraisal the value of the land and any
standing timber on it shall be separately determined. No parcel of land containing any standing
timber may be sold until the appraised value of the timber on it and the sale of the land have been
approved by the commissioner of natural resources. The commissioner shall base review of a
proposed sale on the policy and considerations specified in subdivision 1. The decision of the
commissioner shall be in writing and shall state the reasons for it. The commissioner's decision is
exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply. The
county may appeal the decision of the commissioner in accordance with chapter 14.
In any county in which a state forest or any part of it is located, the county auditor shall submit to
the commissioner at least 60 days before the first publication of the list of lands to be offered for
sale a list of all lands included on the list which are situated outside of any incorporated
municipality. If, at any time before the opening of the sale, the commissioner notifies the county
auditor in writing that there is standing timber on any parcel of such land, the parcel shall not be
sold unless the requirements of this section respecting the separate appraisal of the timber and
the approval of the appraisal by the commissioner have been complied with. The commissioner
may waive the requirement of the 60 -day notice as to any parcel of land which has been
examined and the timber value approved as required by this section.
8-
Page 11
If any public improvement is made by a municipality before or after any parcel of land has been
forfeited to the state for the nonpayment of taxes, and the improvement is assessed in whole or in
part against the property benefited by it, the clerk of the municipality shall certify to the county
auditor, immediately upon the determination of the assessments for the improvement, the total
amount that would have been assessed against the parcel of land if it had been subject to
assessment; or if the public improvement is made, petitioned for, ordered in or assessed, whether
the improvement is completed in whole or in part, at any time between the appraisal and the sale
of the parcel of land, the cost of the improvement shall be included as a separate item and added
to the appraised value of the parcel of land at the time it is sold. No sale of a parcel of land shall
discharge or free the parcel of land from lien for the special benefit conferred upon it by reason
of the public improvement until the cost of it, including penalties, if any, is paid. The county
board shall determine the amount, if , by which the N,alee of the pffeel was enhaneed by the
include the total amount as a separate item in fixing the appraised value for the
purpose of sale. Such total amount must be paid directly and -upon sale of the property to the
local taxing authority as the 3% surcharge under Minn. Stat, M.S. 2$4.28, subd. $. In classifying,
appraising, and selling the lands, the county board may designate the tracts as assessed and
acquired, or may by resolution provide for the subdivision of the tracts into smaller units or for
the grouping of several tracts into one tiact when the subdivision or grouping is deemed
advantageous for the purpose of sale. Each such smaller tract or larger tract must be classified
and appraised as such before being offered for sale. If any such lands have once been classified,
the board of county commissioners, in its discretion, may; by resolution; authorize the sale of the
smaller tract or larger tract without reclassification.
E. Other Legislation of Interest:
Senate Jobs Bill S.F. 2167 Metzen
Components of the Bill.
0 A 10 -year extension for new TIF projects
Automatic extension of building permits for another year
State historic structure rehabilitation credit modeled after the
already available Federal credit
e An energy conservation improvement program at the local level
that allows for special assessments
Status: passed out of policy committees, referred to Finance.
2. Economic Development/Job Creation Bill (H.F. 2695, Lenczewski; S.F-
2568 Baklc
Components of the Bill:
9-
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Establishes compact development districts to help finance the cost
of acquiring land, demolition and removal of buildings, and
installation of public infrastructure or public improvements serving
the district, with a sunset on lune 30, 2012
Allows temporary authority to stimulate construction by spending
tax increments for loans and interest rate subsidies, and make an
equity or similar investment so that construction is financially
feasible, with a sunset on December 31, 2011.
Status of bills: H.F. will be heard in Taxes on March 10, S.F. passed
policy committee and referred to Finance.
3. Limiting Unallotment Authori1 S.F. 2566 Cohen, H.F. 2866 Carlson-
Components
arlson _
Components of the Bill:
Restrict unallotment to only the portion of a projected budget
deficit that was not known at the completion of the most recent
legislative session
Requires payments to be reduced/unalloted proportionately
Restricts the governor from unalloting more than an amount equal
to 2 percent of the state's total general fund biennial appropriations
Status: passed out of policy committees, referred to Finance in both
Senate and House.
4. Shared Services Bills
S.F. 2620 (Bonoff), H.F. 3011 (Downey)
o Establishes the Commission on Service Innovation,
bringing in representatives from the Chamber, MN
Business Partnership, th e League of MN Cities and the
University of MN.
o Looks at realignment of service delivery by region and
pr^yimity, ,using tech-noingy and shared facilities, with the
focus on both state and local government services.
S.F. 2511 (Rest), H.F. 2840 (Swails)
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o Establishes a collaborative governance council, chaired by
the State Auditor, to look at best practices for local
government service delivery
o Appoints members from the League of MN Cities, the MN
School Boards Association, AFSCME and SEIU.
Status: no hearings scheduled in either shared services bills
5. Department of Revenue Technical Bills
H.F. 2971 (Lenczewski); S.F. 2696 (Bakk)
a Clarifies that only a single budget -discussion meeting need
to be identified on the TNT notices and held after 6:00 PM
for the affected local taxing authorities
o Changes cross-references in statute so that the existing
limitation on special levies do not impinge on the new
special levy authority for repaying emergency debt
certificates issued to cover revenue decreases from
unallotments.
e H.F. 2972 (Lenczewski); S.F. 2701 (Bakk)
o Provides clarifying language related to licensed assessors,
appraisal reports, and the Commissioner's authority to
order a reassessment in the event an assessor does not
appraise at least 115 of all parcels in the district or county
during the year
o Rewires churches and schools to file a property tax
exemption application in order to be exempt (only for
newly -exempt properties)
Status: bills have received hearings in the Tax Committees
6. Mandatory Sick Leave Bill (H.F. 2959, Lesch; S.F. 2553 Anderson)
Full text and MLC opposition letter is included in the appendix.
Components of the Bill:
o Employers who have fewer than 10 employees must provide 40
hours of paid sick leave for an employee who works 30 hours or
more a week.
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Employers who have more than 10 employees must provide 72
hours of paid sick leave for an employee who works 30 hours or
more a week.
Sick leave can be used to care for extended family members
The sick leave provisions sunset after two years (targeted toward
H1N1 and related outbreaks)
Status: H.F. 2959 was pulled from the Health Care Policy agenda on
March 2. The Senate companion has not been scheduled for a hearing.
7. August Primary Bill (S.F. 2251, BonoffJSimon
Components of the Bill:
Moves the Primary back to the second Tuesday in August to
comply with Federal law
Status: S.F. 2251 passed both the Senate and House, and was presented to
the Governor on March 2. The Governor is expected to sign the bill on
March 3.
8. Data Practices Violations/Remedies (S.F. 2354, Betzold; H.F. 2899,
Pelowski
Components of the Bill:
Establishes an administrative remedy for certain types of
complaints related to the Data Practices Act (i.e. open meeting
law). All violations for which a person requests an order to
compel compliance may be subject to this new remedy.
Specifies that a complaint must be filed within two years after the
occurrence, except in cases of fraud or mispresentation. For fraud
cases that aren't discovered during the time preiod, a party would
have an additional year to file the complaint after the discovery.
Status: H.F. 2899 was scheduled to be heard in the State & Local Govt.
Operations Committee, and was laid over. S.F. 2354 passed State of Local
Govt. and was referred to Judiciary.
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9. Local Assessments for Energy Improvements (S.F. 2720, Doll; H.F. 3149,
KaIin
Components of the Bill:
Authorizes a city to establish a lending program to assist qualifying
property owners to pay for cost-effective energy improvements.
The program will be funded with the net proceeds and interest
earnings of revenue bonds.
Prior to loan approval, an energy audit or renewable energy system
feasibility study must be conducted on the property. Inspections
after the installation of improvements would follow.
A city that makes a loan can secure it with a lien against the
property owner and by special assessment, and a city can issue
revenue bonds for the purposes of the program.
Adds energy improvements to residential or business property to
the list of items a municipality may collect payment for as a special
assessment.
Status: S.F. 2720 passed the Senate Energy Committee and was referred
to State & Local Govt. Operations. H.F. 3109 was heard in the House
Local Government Division and returned to the frill State & Local Govt.
Committee.
10. Bonding Bill — Transit Protects (H.F 2700, Hausman/Langseth)
Full text of Transit Improvement section included in the appendix.
Components of the Bill:
43.5 million appropriated for Transit Capital Improvement
Program
Projects specified below must be funded, at some level, after
maximizing federal dollars:
1 RequestCTI_
South r es L Corridor fight rail 1n17.0 million
Cedar Avenue BRT 9.0 million
Union Depot 8.5 million
Red Rock (Hastings) 0.5 million
1-94 P&R (Woodbury) 1.5 million
Minneapolis Interchange Facility 8.0 million
Total: 34.5 million
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The remaining funds are to be used toward any of the following
projects, to be selected by the Met Council after consulting with
CTIB:
Status: H.F. 2700 is currently in possession of the Senate, awaiting further
negotiations with the Governor's Office.
11. GAMC (S.F. 2168 Ber liin/E.Murphy,
Components of Bill:
Establishes a 16 -month GAMC program, funded through reduced
reimbursements to providers, cuts to county social services grants,
and the draw -down of Federal dollars.
Status: S.F. 2168 was vetoed by the Governor on February 18. The
Senate voted to override the veto, but the House was unable to garner a
213 majority vote. Negotiations are currently taking place.
IV. LEGISLATIVE HEARINGS
A. TIF Open Forum Hearing
The House TIF open foiunl generated a lot of interest from developers and cities, and provided
the committee with a significant number of ideas, options and recommendations on how to
change TIF to help generate jobs in the short term.
Chair Lenczewski stated at the outset that this hearing and any potential changes were about
creating jobs." The committee's goal is to work with the Senate and Governor to get a bill out
quickly that would stimulate job growth. Chair Lenczewski indicated this legislation would not
14-
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include any long term/permanent TIF law or policy changes (those would have to go into the
Omnibus Tax bill).
Some of the TIF projects that requested short term assistance were:
Sauk Rapids (extend TIF district 2 years);
City of Minneapolis (LRT Longfellows and Moasic development in Uptown);
Pine Island (expand TIF R&D use);
South St. Paul stockyards;
Apple Valley Transit Development (compact development district language issue);
Brooklyn Park (medical device co. project); and
o Oakdale (extend district S years).
TIF Advice/Recommendations
Peter Coyle — Larkin Hoffman
Reset TIF clocks
Allow local units to issue bonds backed by the State
Looser demolition parameters on redevelopment
More pooling options
Modify 5 -year rule
John Herman — Faegre & Benson
Need to bridge financing
Loan guarantee program
Look at state "new market credit"
Greg Miller — developer
Help us bridge the financing; need help with equity
Mike Maguire
Cedar Grove TIF Project in Eagan
o Need to close the gap
o Allow extension of TIF district timeframe
B. Unallotmeiat Impacts to Cities
Mayor Mike Maguire testified on behalf of the MLC regarding the impacts of the MVHC
unallotment, and the challenges MLC cities faced with additional declining revenues. Mayor
Maguire went over what that meant to a number of our cities in terms of service reductions,
employee cuts, etc.
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V. UNALLOTMENT LAWSUIT UPDATE
A. Timeline
A Ramsey County District Court decision found that the Governor's use
of unallotment with respect to the state's dietary aid program was invalid
and unconstitutional (filed December 30)
In mid-January, Governor Pawlenty appealed the District Court decision
and requested the Supreme Court give the case an expedited review.
The State Supreme Court will hear oral arguments on the matter March
15.
B. Amicus Brief from LMC
On January 21, the League of MN Cities Board of Directors voted to file
an amicus curiae brief in the appeal of the unallotment lawsuit.
The Board concluded that the case involves issues that could affect the
State's budget process, and could subsequently have repercussions for
cities.
The LMC brief; filed February 23, urged the court to interpret the
unallotment statute narrowly — to limit when it could be used so it doesn't
create a loophole in the budget decision process.
VI. MLC MAYORS MEETING wiTH GOVERNOR PAWLRNTY
A. April Dates:
Tuesday, April 6: 2:00 or 3:00 PM
Thursday, April 8: 3:00 or 4:00 PM
Tuesday, April 13: 9:00 or 9:30 AM
Wednesday, April 14,9:00, 10:00, or 11:00 AM
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V11. POLITICS UPDATE
A. Retirements/Not SeekinLy Re-election
Senator Dick Day (retired to become lobbyist for Racino)
Speaker Margaret Anderson Kelliher (running for Governor)
Representative Marty Seifert (running for Governor)
Senator Steve Murphy
Senator Steve Dille
Representative Karla Bigham
Representative Cy Tlhao
Senator Pat Pariseau
Senator Jim Vickerman
Representative Jeremy Kalin
Not confirmed: Senator Debbie Johnson (did not receive GOP
endorsement)
B. Gubernatorial Race
GOP Candidates:
o Rep. Marty Seifert (with Rhonda Sivarajah)
o Rep. Torn Firmer (no running mate announced yet)
DFL Candidates:
o R.T. Rybak
o Mark Dayton
o Margaret .Anderson Kelliher
o Tom Rukavina
o Tom Bakk
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o John Marty
o Paul Thissen
o Matt Entenza
o Susan Gaertner
Independence Party Candidates:
o Rob Hahn
o Tom Horner
o John Uldrich
o Rahn Workcuff
Key Dates
o March
12th — first committee deadline
o March 19th — second committee deadline
o March
29th — third committee deadline
o April 23-25`h — DFL State Convention
o April 29 -May
Is'— Republican State Covention
o May
17th -- 2010 Session Required to Adjourn
o August 10"' -- State Primary (assuming new law goes into effect)
o November 2°d — Election Day
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Page 21
MUNICIPAL
LEGISLATIdE
COMMISSION
Member Cities: Apple Valley, Bloomington, Burnsville, Eagan,
Eden Prairie, Edina, Inver Grove Heights, Lakeville, Maple Grove,
Maplewood, Minnetonka, PIymouth, Shoreview, Woodbury
March 1, 2010
Representative Paul Thissen
Chair, House Health Care & Human Services Policy Committee
351 State Office Building
St. Paul, MN 55155
Re: Opposition to H.F. 2959 — Mandatory Sick Leave Bill
Dear Rep. Thissen and committee members;
The Municipal Legislative Commission, an association of 14 suburban communities around the
Metro Area, expresses our strong opposition to H.F. 2959, a bill requiring mandatory paid sick
leave. While the intentions of the legislation may be in good faith, the financial and
administrative repercussions of this language being enacted would be devastating to local units
of government. We respectfully request that you please consider the affects of placing another
unfunded mandate on cities, and vote against this bill.
When examining H.F. 2959 closely, there are three major components that are problematic for
the MLC's member cities:
1) Cast
The MLC has always looked out for the best interests of our employees, and provides
compensation packages that best fit their needs. In order to meet the sick leave requirements
specified in I3.F. 2959, our cities would be forced to boost reserves to cover accruing sick hours
during a time when budgets are already tight and reserves are being drained. As a result, our
cities will be forced to consider reducing services to make up for the additional costs.
2) Administrative Workload
MLC cities would be hurt by this legislation due to the high number of seasonal and pall -time
employees hired (lifeguards, fitness instructors, ice rink attendants, seasonal maintenance
workers, etc...). Whcn/if these seasonal employees are re -hired, our member cities would need
to track their hours from year to year, and reinstate the appropriate amount of unused sick time
that had accrued. In some cases, this recordkeeping would need to be done manually for
hundreds of seasonal employees. Furthermore, the value of any unused sick leave hours would
need to be reported as a liability on the cities' books for the audit process.
League of Minnesota Cities Building
145 University Avenue West, Suite 450 - St. Paul, Minnesota 55103
Telephone: (651) 228-9757 • Facsimile: (651) 228-9787
Page 22
Page 2
3) Implementation
Many MLC cities' employees have the flexibility to attend to medical concerns, either outside of
work hours or through PTO, For our members who currently use a PTO system, this legislation
would be very problematic if cities are expected to accrue sick leave hours on top of PTO. H.F.
2959 also allows an employee to use paid sick leave benefits to care for giandparents and
extended family members. Our members are concerned this broad application would create
abuse of sick leave, and possibly lead to a shortage of coverage in our offices.
Your attention to our concerns is greatly appreciated. We hope you will consider the negative
impact H.F. 2959 has on your local units of government when you cast your vote today,
Sincerely,
Mike Maguire
Mayor of Eagan
Chair, MLC Board of Directors
C.c. House Health & Human Services Policy Committee Members
MLC Legislative Delegation
Jennifer O'Rourke, League of. Ml~' Cities
Jeremy Estenson, Minnesota Chamber of Commerce
Page 23
Bill Tracking for MLC
2010 Legislative Session
Topic SF/Author HF/Author Sen. Cmte Action
Bonding Projects
1-94 Corridor Park & Ride facility
Firefighter training facility in Maplewood
Cooperative local facilities grant program
Capital Investment Bill
Capital Investment Bill
Eagan Public Servants Memorial
Robert Street Corridor Transit Way funding
Senior housing with services facility grants
bond issue and appropriation
Renovate former monastery as a regional
service center and learning institute
Civil Law
Extending civil immunity to municipalities
that donate public safety equipment
Exempting political subdivisions from
increased interest rates on certain
judgements and awards
City donated public safety equipment civil
liability immunity extension
HF 2423/Bunn
SF 2445/ Wiger HF 2480/1-illie
SF 2325/ Bonoff HF 2771/Winkler
SF 2360/1-angseth
HF 2700/Hausman
SF 2366/ Carlson HF 2635/ Masin
HF 2774/ Hansen
SF 2669/Saxhaug HF 2794/Anzelc
SF 2443/ Wiger HF 2718/ Slawik
SF 2746/Gerlach HF 2896/Mack
SF 2673/Betzold
Replaced with HF 2700.
SF 568/Scheid HF 1360/Bigham Referred to the Floor 2/22
House Cmte. Action
Conference Committee report in
possession of the Senate until further
negotiations
2009 bill heard in Civil Justice.
Notes
Included in bonding bill
Included in bonding bill
Included in bonding bill
City of Eagan; including in
bonding bill
Included in bonding bill
Maplewood
Page 24
Exempting eminent domain awards and
property tax adjustments and refunds from
increased interest rates on certain
judgements SF 2722/Skoe HF 3085/Marquart
Fees and expenses awarded to prevailing
parties in certain actions involving
municipalities. HF 3132/Mullery
Elections
Changing the state primary
Requiring picture ID before receiving ballots
Municipal precinct and ward boundary
procedures changed
Energy
Bill Tracking for MLC
2010 Legislative Session
SF 2251/ Bonoff HF 2552/Simon Passed Senate Floor 2/15.
HF 2579/Emmer
SF 834/Pappas HF 653/Kahn
Local assessments for energy improvements
by cities and counties permitted, and green
revenue bonds authorized SF 2720/Doll
Jobs/Economic Development
JOBS Bill (Senate)
Jobs Bill (House)
Local Government
SF 2167/ Metzen
SF2568/Bakk
Public safety local gov mandates eliminated SF 987/Lynch
Passed House Floor 2/25
Referred to State & Local Gov Ops
On General Register
HF 3109/Kalin Referred to State & Local Gov Ops 2/25. Hearing scheduled 3/1 in Local Gov.
Passed State & Local Gov, referred to
Finance Committee
HF 2695/
Lenczewski Referred to Finance 2/22. Hearing scheduled 3/10 in Taxes
HF 1457/Johnson Referred to General Register
SF 2568 in Article 1 of SF
2167 (Metzen Jobs Bill)
Page 25
Buckthorn control ordinances allowed by
municipalities.
Restoring local govt tort liability limits to pre -
2008 levels, prohibiting contracts requiring
contractors to provide liability insurance in
excess of those limits
Probationary period lengthened for newly
hired peace officers
Data practices and open meeting law
violations
Authorizing cities to permit firefighter
charitable solicitations
Requiring auto external defibrillaotrs in
certain structures
Municipality requirements for granting
additional cable franchises
Adjustment in continuation health insurance
premiums for disabled retired local govt
employees
Open Meeting Law Modifications
Bill Tracking for MLC
2010 Legislative Session
SF 1176/Rummel HF 418/Gardner
SF 2834/Bakk HF 2669/Dill
SF 2309/ Rest HF 2713/ Peterson Passed Senate Floor 2/18.
SF 2354/ Betzold HF 2899/Pelowski Referred to Judiciary 2/24.
SF 2413/ Rest HF 3017/Atkins Referred to Commerce 2/12.
SF 2399/ Kelash HF 2058/ Sterner
Referred to State & Local 2/18, hearing
SF 2535/Dibble HF 2852/Johnson scheduled 3/3.
HF 2913/Reinert
Laid over in State & Local 2/15. Hearing
SF 2518/Rest HF 2958/Pelowski scheduled 3/1.
State Building Code municipal enforcement
provisions modified SF 2759/Sparks HF 2945/Mahoney
Referred to General Register 2/25.
Replaced by SF. Referred to General
Register 2/25.
Hearing scheduled 3/2 in State & Local
Gov Ops
Referred to Commerce 2/22.
Hearing scheduled 3/4 in Health Policy
Referred to Commerce 2/24.
Page 26
Emergency Public Health Protection Act
Green acres program and agricultural
classifications made in 2008 and 2009
changes repealed
Bill Tracking for MLC
2010 Legislative Session
SF 2553/Anderson HF 2959/1-esch
SF 2729/01seen
Securities lending agreements and holding of
municipal funds provisions modifications SF 2590/Scheid
HF 2983/ Hackbarth
HF 3065/Simon Hearing scheduled 3/2 in Commerce.
Allowing fire depts to access criminal records SF 2363/ Betzold HF 3130/1-esch
Incorporations temporarily prohibited, and
study required.
Urban or suburban defined in character for
the purpose of annexation SF 2836/Dille
City payments to towns following annexation SF 2835/Sheran
Pensions
Volunteer firefighters retirement associations
lump sum options and amortization
calculation modifications SF 2812/13etzold
State Budget
Reducing appropriations to balance the State
budget, modifying state aids and credits
Moratorium on unfunded mandates on local
government
LGA and Human Services appropriations and
reductions
Taxes/TIF
HF 3182/Winkler
HF 3183/Liebling
HF 3181/Sterner
H F 3082/
Lenczewski
SF 2747/Gerlach HF 3087/Seifert
SF 2783/Marty HF 3142/Hayden
Page 27
Extending 2010 MVHC reductions to 2011
and 2012
St. Paul; special rules provided for the
expenditure of tax increments SF 2467/Moua
East Grand Forks TIF; state area expanded in
which tourism facilities may be financed SF 2480/ Stumpf
TIF: Brooklyn Park, St. Paul and Fridley
housing replacement provisions
authorization SF 2255/ Rest
Gambling tax exemption for charitable
contributions to local govt SF 2523/Koering
Expanding members of study group to study
LGA SF 2565/Scheid
Separate statements of special taxing district
levies SF 2448/ Robling
Property tax valuation exclusion for
homestead property improvements SF 2426/ Bonoff
DOR Policy/Techinical Bill SF 2696/Bakk
DOR Policy/Technical Bill SF 2701/Bakk
Transportation
Complete streets policy defined and
implemented SF 2461/ Lourey
Bill Tracking for MLC
2010 Legislative Session
HF 2522/Garofalo
HF 2656/Thao
HF 2696/ Lieder
HF 2511/ Mullery
HF 2818/ Doty
HF 2800/ Tillberry Passed and referred to Taxes 2/22
HF 2768/ Kohls
HF 2842/Benson
HF 2971/
Lenczewski
HF 2972/
Lenczewski
HF 2801/
Obermueller
Laid over in Taxes 2/25.
Laid over in Taxes 2/24.
Hearing 3/10 in Taxes
Hearing 3/10 in Taxes
Passed Commerce, referred to Taxes
2/18.
Laid over in Transportation Finance
2/12.
Hearing scheduled 3/3 in Taxes.
Laid over in Taxes 2/22.
Hearing scheduled 3/2 in Transportation Referred to Finance 2/25
Moratorium on electronic advertising devices SF 2369/ Pappas HF 2921/ Hornstein Removed from 2/23 agenda
City of Eagan
City of Eagan
Page 28
Bill Tracking for MLC
2010 Legislative Session
Hwy 610 in Maple Grove SF 2479/1-immer
Pilot program for Transportation
Improvement Districts SF 2537/Jungbauer
Large vehicle movement on public streets
and highways governing provisions modified SF 2846/Skoe HF 3029/Hortman
Transportation Policy Modifications SF 2540/Murphy HF 2807/Hornstein Referred to Finance 2/23. Division referred back to Finance 2/16.
Unallotment Authority
Modifying Executive Branch's reduction of Passed State & Local, referred to Finance Passed State & Local, referred to
unexpended allotments SF 2566/Cohen HF 2866/Carlson 2/18. Finance 2/18.
Page 29
ATTACHMENT 7
THE BALLER HERBST LAW GROUP, P.C.
A PROFESSIONAL CORPORATION
377N Grain Exchange Building • 301 Fourth Ave, South • Minneapolis, MN 55415
877.501.389 (Toll -Free) - 612.339.2026 (Local) • 612.339.4789 (Fax)
www,baller.com
ADRIAN E. HERBST Washington, DC Office
612.339.2018 2014 P Street, N.W., Suite 200
aherbst@baller.com Washington, DC 20036
202.833.5300 or 202.633.1180 (Fax)
MEMORANDUM
TO: Chairman, Alan Madsen, Commission Members, and Greg Moore, Executive
Director
FROM: Adrian Herbst, Attorney
DATE: February 18, 2010
RE: Community Access Preservation Act of 2009 (H.R. 3745) (CAP Act)
This memorandum is intended to help Commission Members understand and support
proposed legislation that may significantly benefit communities and local rights applicable to
cable services and PEG Access, The CAP Act will benefit local programming by supporting
continued financing and channel availability of PEG Access Channels by addressing the
decline in local benefits resulting from technological and state law changes.
Municipal associations, including leagues of cities, are asking local governments to adopt
resolutions or take other actions to contact their congressional delegation in support of this act.-
We
ct:
We have attached a Resolution for the Commission for consideration and adoption and an
additional draft Resolution in blank for consideration and adoption by member cities.
Congresswoman Tammy Baldwin (D -Wisconsin) has recently introduced the CAP Act to
address immediate issues, including:
Allowing PEG fees to be used for any PEG -related purposes;
Requiring PEG channels to be carried in the same manner as local broadcast
channels;
Requiring the FCC to study the effect state video franchise laws have had on PEG
channels, and requiring operators to provide the greater of the support required under
state laws, or the support historically provided for PEG; and
Making cable television related laws and regulations applicable to all landline video
providers.
The CAP Act proposes to amend Section 611 of the Communications Act of 1934, (the federal
Cable Act), by inserting new subsections (f) and (g).
Pae 30
Subsection (f) provides that PEG channels be "equivalent in quality, accessibility, functionality
and placement" to local broadcast stations and should be "provided to and viewable by every
subscriber of a cable system without additional service or equipment charges" This
subsection also would provide that PEG signals be carried without material degradation and
without altering or removing content,
Subsection (g) requires that the Federal Communications Commission study and report to
Congress an analysis of the impact of state franchising laws on PEG use of cable systems, an
analysis of the impact of the conversion from analog to digital transmission, and
recommendations for changes to "preserve and advance localism and public, educational, and
governmental use of advanced communications systems." It further requires cable operators
in states with state franchising laws to pay PEG support the greater of either that under the
state law or that which was historically paid for PEG support. PEG payments would be paid
annually in quarterly installments and monies provided as support would be dedicated to PEG.
The CAP Act will change the definition of Cable Service in the federal Cable Act by adding the
phrase "regardless of the technology or transmission protocol used in the provision of service".
This will definitely help local governments faced with disputes about their rights to require
cable service franchises that are uniformly applicable to all types of landline providers of video
services.
This legislation is supported by the Alliance for Community Media (ACM) and by the National
Association of Telecommunications Officers and Advisors (NATOA).
Should you have any questions or comments, please feel free to call or e-mail me at your
convenience.
Page 31
CITY OF PLYMOUTH
RESOLUTION No. 2010 -
A RESOLUTION STATING SUPPORT FOR THE COMMUNITY ACCESS
PRESERVATION ACT (HR 3745)
WHEREAS, the City Council of Plymouth, Minnesota is the official governing body
elected to preserve and protect the best welfare and interest of the City and its citizens; and
WHEREAS, public, educational and government (PEG) channels play a significant role
in Plymouth; and
WHEREAS, PEG channels are a unique and valuable resource for local information and
discourse for the residents of Plymouth; and
WHEREAS, PEG channels televise local government meetings, including City Council,
Planning Commission, city board and school board meetings, so that citizens are informed about
the actions taken by local elected officials; and
WHEREAS, PEG channels contribute to the democratic process by providing
opportunities for candidates and others, such as the League of Women Voters, to discuss local
issues during election campaigns; and
WHEREAS, PEG channels provide a window through which residents can view the
diversity of cultures, recreational activities and artistic endeavors in their local community; and
WHEREAS, PEG channels reflect the unique identity of the communities they serve; and
WHEREAS, the City of Plymouth hereby vigorously opposes any federal legislation that
will reduce the right of local governments to establish benefit requirements including public,
educational, and governmental access channels, including funding, facilities, and equipment for
such channels; and to require dedicated capacity or institutional network systems for educational
and governmental purposes; and
WHEREAS, the City of Plymouth will support legislative efforts to ensure that all
residents have unfettered access to all forms of information resources and to ensure that those
entities that use public rights-of-way and benefit from the use of public rights-of-way continue to
be obligated to provide compensation in the form of public, educational, and governmental
access channels and funding, and other support services for PEG access channels as well as
ongoing community needs requirements notwithstanding technological changes or
advancements; and
WHEREAS, the intent of the act is to make clear that the definition of "cable service"
under the Cable Act is applicable to all forms of technologies that make video programming
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available by landlines to subscribers enabling the rightful authority of local governments to
ensure uniform treatment of providers of video services within their community; and
WHEREAS, HR 3745, the Community Access Preservation Act, addresses critical and
immediate threats to PEG access.
NOW, THEREFORE, BE IT RESOLVED:
The City Council supports immediate passage of HR 3745; and
The City Council calls on our Congressional delegation to take all possible actions in
support of the passage of HR 3745, including, but not limited to, endorsing, co -sponsoring and
voting for HR 3745, and to work for its rapid passage.
This Resolution becomes effective upon approval and adoption by the City Council of
Plymouth, Minnesota
ADOPTED in a regular session of the City Council meeting this
9th
day of March, 2010.
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