HomeMy WebLinkAboutCity Council Packet 08-08-2023City Council 1 of 3 August 8, 2023
CITY OF PLYMOUTH
AGENDA
Regular City Council
August 8, 2023, 7:00 PM
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.PLYMOUTH FORUM—Individuals may address the Council about any item not contained on the
regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed
for the Forum, the City Council will continue with the agenda. The City Council will take no official
action on items discussed at the Forum, with the exception of referral to staff or Commission or
Committee for future report.
4.PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
5.APPROVE AGENDA —Councilmembers may add items to the agenda including items contained in
the Council Information Memorandum for discussion purposes or staff direction only. The Council will
not normally take official action on items added to the agenda.
6.CONSENT AGENDA —These items are considered to be routine and will be enacted by one motion.
There will be no separate discussion of these items unless a Councilmember or citizen so requests, in
which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
6.1 Adopt proposed City Council minutes
July 25 Special
July 25 Regular
6.2 Approve disbursements
Invoice Expense Distribution
City Council Resolution 2023-195
6.3 Approve conveyance of easements for the MnDOT Hwy 169/36th Avenue Bridge
Replacement Project
Easement Documents
City Council Resolution 2023-196
6.4 Approve School Resource Officer contract with School District 281
Contract
City Council Resolution 2023-197
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City Council 2 of 3 August 8, 2023
6.5 Designate landscape architect for The Meadows Playfield (PR240001)
Master Plan
Landscape Architect Agreement
City Council Resolution 2023-212
6.6 Authorize renewal of Radiological Response Contract with the State of Minnesota
Contract
City Council Resolution 2023-198
6.7 Designate engineer for the Zachary Water Treatment Plant Enhancements project
(WA230001)
Agreement for Engineering Services
City Council Resolution 2023-199
6.8 Authorize the submission of a Metropolitan Council Grant application (North of
Highway 55, south of 10th Avenue, east of South Shore Drive, and west of Revere
Lane - PID 36-118-22-24-0089) for Dietrich Development, LLC
City Council Resolution 2023-200
6.9 Approve purchase of fire engine
Engine Proposal
Engine Detail
Draft Resolution - item tabled until Aug 22
6.10 Approve cooperative agreement with Bassett Creek Watershed Management
Commission for the Four Seasons Water Quality Improvements (WR220004)
Location Map
Cooperative Agreement
City Council Resolution 2023-201
7.PUBLIC HEARINGS
7.1 Public hearing on revocation of on-sale intoxicating liquor license with Sunday sales
for Northwoods Entertainment LLC dba Emagine Willow Creek, 9900 Shelard
Parkway
Failed Compliance Check Summary
City Council Resolution 2023-202
8.GENERAL BUSINESS
8.1 Adopt ordinance amending chapters X and XXI of the city code, regarding the
keeping of bees, adopt resolution approving the findings of fact for said ordinance,
and adopt resolution authorizing summary publication
Planning Commission Minutes
City Council Ordinance 2023-09
City Council Resolution 2023-203
City Council Resolution 2023-204
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City Council 3 of 3 August 8, 2023
8.2 Adopt ordinance amending chapter XXI of the city code, regarding accessory
dwelling units and resolution approving findings of fact for said ordinance
Comments Received
Comparable Cities Regulations
Sample ADU Handout
Draft Ordinance - item tabled until Aug 22
Draft Resolution - Findings of Fact - item tabled until Aug 22
8.3 Authorize participation in the Minnesota GreenStep Cities program
City Council Resolution 2023-205
8.4 Adopt resolutions authorizing reimbursement from tax-exempt bonds and interfund
loans for Chankahda Trail (Phase 3), County Road 73 area redevelopment and
Plymouth City Center
City Council Resolution 2023-206
City Council Resolution 2023-207
City Council Resolution 2023-208
City Council Resolution 2023-209
City Council Resolution 2023-210
City Council Resolution 2023-211
9.REPORTS AND STAFF RECOMMENDATIONS
10.ADJOURNMENT
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Regular City
Council
August 8, 2023
Agenda
Number:6.1
To:Dave Callister, City Manager
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Adopt proposed City Council minutes
1.Action Requested:
Adopt proposed City Council minutes.
2.Background:
N/A
3.Budget Impact:
N/A
4.Attachments:
July 25 Special
July 25 Regular
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Proposed Minutes 1 of 1 Special Meeting of July 25, 2023
Proposed Minutes
Special Council Meeting
July 25, 2023
Deputy Mayor Davis called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. at
Plymouth City Hall, 3400 Plymouth Boulevard, on July 25, 2023.
PLYMOUTH COUNCIL PRESENT: Deputy Mayor Davis, Councilmembers Willis, Gregor, Pointner, and
Peterson.
PLYMOUTH COUNCIL ABSENT: Mayor Wosje and Councilmember McGregor.
PLYMOUTH STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director
Fadden, Fire Chief Coppa, Director of Public Works Thompson, Deputy Public Works Director/City
Engineer LaBounty, Community and Economic Development Director Fernelius, Park and Recreation
Director Tomlinson, Human Resources Director Timpone, Finance Director Rich, Assistant Finance
Director Larson, Planning and Development Manager McGuire, Fleet and Facilities Manager Hanson,
Public Works Operations Manager Browen, Water Resources Supervisor Scharenbroich, Management
Intern Nwachi, and City Clerk/Administrative Coordinator Gallup.
Environmental Stewardship Overview
Deputy Public Works Director/City Engineer LaBounty provided an overview to council on the city’s
recently completed environmental work, current initiatives, and explained the GreenStep Cities
program.
Council members asked questions and provided feedback. Staff summarized the next steps including
bringing back to council a resolution to join GreenStep Cities, providing additional data, and outlining
options for a climate action plan.
Future study sessions
The following changes were made to future study sessions:
Schedule Plymouth Ice Center 4th sheet of ice discussion on September 26 at 5 p.m.
Schedule council policies review to include special assessment policy, charitable gambling funds
policy, vendor RFP policy, etc. on October 10 at 5 p.m.
Adjournment
Deputy Mayor Davis adjourned the meeting at 6:59 p.m.
Jodi M. Gallup, City Clerk/Administrative Coordinator
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Proposed Minutes Page 1 of 5 Regular Meeting of July 25, 2023
Proposed Minutes
Regular City Council Meeting
July 25, 2023
Deputy Mayor Davis called a Regular Meeting of the Plymouth City Council to order at 7:05 p.m. in the
Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 25, 2023.
COUNCIL PRESENT: Deputy Mayor Davis, Councilmembers Willis, Gregor, Pointner, Peterson and
McGregor (McGregor arrived at 7:15 p.m.).
COUNCIL ABSENT: Mayor Wosje.
STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire
Chief Coppa, Director of Public Works Thompson, Deputy Public Works Director/City Engineer LaBounty,
Community and Economic Development Director Fernelius, Park and Recreation Director Tomlinson,
Human Resources Director Timpone, Finance Director Rich, Assistant Finance Director Larson,
Management Intern Nwachi, City Attorney Mattick, and City Clerk/Administrative Coordinator Gallup.
Plymouth Forum
Ginny Black, 11410 49th Place N., thanked City Council and staff for their response to environmental
concerns.
Presentations and Public Information Announcements
(4.1) Present annual financial overview (City Manager Dave Callister)
City Manager Callister presented this item and provided the financial overview for 2022. He defined the
many ways the financial review is achieved and provided information on the budget, general fund
revenue and expenditures, and the property tax levy. City Manager Callister defined the surplus and
how it is calculated and used. He also briefly reviewed the 10-year capital improvement plan as it
pertains to the annual financial overview. He described the fiscal disparities program, unemployment
trends, and the debt limit. He stated all of these factors contribute to the City of Plymouth’s good
financial standing. City Manager Callister offered to discuss any of these items with City Council
members or residents and thanked his staff for their hard work preparing this report.
City Manager Callister presented the 2021 Government Finance Officers Association (GFOA) award to
the City of Plymouth for the 40th straight year and thanked current and past finance staff and City
Council members for making this a priority.
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Proposed Minutes Page 2 of 5 Regular Meeting of July 25, 2023
Approval of Agenda
Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to approve the
agenda. With all members voting in favor, the motion carried.
Consent Agenda
Motion was made by Councilmember Peterson, and seconded by Councilmember Gregor, to adopt the
Consent Agenda that included the following items:
(6.1)Council minutes from special meeting and regular meeting of June 27, 2023.
(6.2)Resolution approving disbursements ending July 14, 2023 (Res2023-178).
(6.3)Resolution approving agreement with metropolitan council environmental services for the 2020
municipal inflow/infiltration grant program (Res2023-179).
(6.4)Resolution authorizing the acceptance of Plymouth Lions Club donation (Res2023-180).
(6.5)Ordinance amending Section 800 of the Plymouth City Code concerning construction in streets,
alleys and public grounds (Ord2023-08) and Resolution approving summary publication of Ordinance
No. 2023-08 (Res2023-181).
(6.6)Resolution adopting the final alternative urban areawide review (AUAR) for the former
Prudential Insurance office campus site, 13001 County Road 10 (2022083) (Res2023-182).
(6.7)Resolution approving temporary liquor license application of the Plymouth Lions (Res2023-183).
(6.8)Resolution approving temporary liquor license application of Ruff Start Rescue (Res2023-184).
(6.9)Resolution ordering speed limit adjustment for a portion of Troy Lane (Res2023-185).
(6.10)Resolution designating consulting engineer for the 2024 Pavement Rehabilitation Project
(ST249002) (Res2023-186).
(6.11)Resolution approving lawful gambling application of Wayzata Youth Hockey Association at
Buffalo Wild Wings Grill & Bar, 3505 Vicksburg Lane N. (Res2023-187).
(6.12) Resolution approving fuel purchases through the cooperative purchasing venture (Res2023-
188).
With all members voting in favor, the motion carried.
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Proposed Minutes Page 3 of 5 Regular Meeting of July 25, 2023
Public Hearings
(7.1)Present 2022 Annual Comprehensive Financial Report (Aaron Nielson, from Malloy,
Montague, Karnowski, Radosevich & Co., PA)
Finance Director Rich introduced Aaron Nielson, from Malloy, Montague, Karnowski, Radosevich & Co.
who presented the annual audit report. Mr. Nielson shared the results of the audit for the year ending
December 31, 2022. He explained the auditor’s role and noted there were no instances of non-
compliance and reported the position of the general fund has consistently met the 40% balance for the
last five years.
Deputy Mayor Davis opened the public hearing.
Deputy Mayor Davis closed the public hearing.
Motion was made by Councilmember Peterson, and seconded by Councilmember Gregor, to adopt
Resolution accepting the 2022 Annual Comprehensive Financial Report and audit (Res2023-189). With
all members voting in favor, the motion carried.
(7.2)Public hearing on drainage and utility easement vacation for Lot 18, Block 6, Hollydale, and
bee habitat conservation easement vacation for Lots 11, 12, 13, and 18, Block 6, Hollydale
Deputy Public Works Director/City Engineer LaBounty presented this item. He explained the proposed
changes by the property owner, noted all utility companies and residents within the area have been
notified, and stated the developer will install the bee habitat elsewhere within the plat.
Deputy Mayor Davis opened the public hearing.
Deputy Mayor Davis closed the public hearing.
Motion was made by Councilmember Peterson, and seconded by Councilmember Pointner, to adopt
Resolution approving the vacation of a portion of drainage and utility easement of Lot 18, Block 6,
Hollydale (Res2023-190), Resolution approving the vacation of a bee habitat conservation easement of
Lots 11, 12, 13, 18, Block 6, Hollydale (Res2023-191).With all members voting in favor, the motion
carried.
(7.3)Public hearing on partial easement vacation of Lot 10, Block 2, Beacon Heights First Addition
Deputy Public Works Director/City Engineer LaBounty presented this item and stated the seller and
buyer of this property are requesting to vacate this easement to clean up the language in the sale of the
property. He is unaware if the easement continues through other properties to the south. He noted the
utility companies and residents have been notified.
Deputy Mayor Davis opened the public hearing.
Michele Moy, 1100 Kirkwood Lane N., requested the removal of her easement. Deputy Public Works
Director/City Engineer LaBounty stated he will speak to her about further options.
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Proposed Minutes Page 4 of 5 Regular Meeting of July 25, 2023
Deputy Mayor Davis closed the public hearing.
Motion was made by Councilmember Gregor, and seconded by Councilmember Peterson, to adopt
Resolution approving the vacation of an easement of Lot 10, Block 2, Beacon Heights First Addition
(Res2023-192). With all members voting in favor, the motion carried.
(7.4)Public hearing on partial easement vacation of Lot 1, Block 1, Trillium Woods
Deputy Public Works Director/City Engineer LaBounty presented this item and noted the easement is
being requested by the engineer on behalf of the property owner. There are no objections from utility
companies or residents and the potential impact to wetlands will be considered through the planning
process.
Deputy Mayor Davis opened the public hearing.
Deputy Mayor Davis closed the public hearing.
Motion was made by Councilmember Peterson, and seconded by Councilmember Willis, to adopt
Resolution approving the partial vacation of drainage and utility easement of Lot 1, Block 1, Trillium
Woods (Res2023-193). With all members voting in favor, the motion carried.
General Business
(8.1)Approve grant agreement with the U.S. Department of Transportation for the Station 73
Transit and Regional Improvement Program (TRIP) (ST230003)
Deputy Pubic Works Director/City Engineer LaBounty presented this item and provided the City Council
and residents with an update on the progress of the grant agreement. He briefly described the
pedestrian and trail updates, traffic study, safety improvements, additions of inline platforms for buses,
and electric bike and scooter improvements.
In response to questions from the Council, Deputy Public Works Director/City Engineer LaBounty
provided the following information:
Addition of a dedicated bus lane will ease the transition onto Highway 55
Tunnel location is to comply with the Americans with Disabilities Act
The preliminary design improved the small area study by minimizing the amount of disruption to
private property owners and allowed increased density
Paper mailings in addition to email notifications have gone out and staff are available to meet
with residents.
Deputy Public Works Director/City Engineer LaBounty stated construction would begin April 2025 and
continue through 2026. He estimated the cost to be $27 million with approximately $15 million coming
from the U.S. Department of Transportation and $12 million from local funding.
Motion was made by Councilmember Gregor, and seconded by Councilmember Pointner, to adopt
Resolution approving grant agreement with the U.S. Department of Transportation for the Station 73
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Proposed Minutes Page 5 of 5 Regular Meeting of July 25, 2023
Transit and Regional Improvement Program (TRIP) (ST230003) (Res2023-194). With all members voting
in favor, the motion carried.
Reports and Staff Recommendations
There were no staff reports.
Adjournment
The meeting was adjourned at 8:40 p.m.
_________________________________________
Jodi Gallup, City Clerk/Administrative Coordinator
10
Regular City
Council
August 8, 2023
Agenda
Number:6.2
To:Dave Callister, City Manager
Prepared by:Tammy Geurkink, Finance Clerk
Reviewed by:Andrea Rich, Finance Director
Item:Approve disbursements
1.Action Requested:
Adopt resolution approving disbursements.
2.Background:
Attached are lists of city fund disbursements for the period ending 07/28/23.
3.Budget Impact:
N/A
4.Attachments:
Invoice Expense Distribution
City Council Resolution 2023-195
11
Invoice Expense Distribution for Period Ended 07/28/23 Council Meeting 08/08/23
FUND 100 General Fund 285,768.11
200 Recreation Fund 59,656.61
210 Parker's Lake Cemetery Maint 361,335.13
220 Transit System Fund 0.00
234 Economic Development Fund 0.00
240 Lawful Gambling 0.00
250 Comm Dev Block Grant Fund 26,225.05
254 HRA Section 8 Fund 1,350.00
254 HAP Check Summary 0.00
258 HRA General Fund 3,681.39
308 2005A TIF #1-1 0.00
310 2009A TIF #7-5A Refund 1998A 0.00
312 2010A GO Open Space 0.00
314 2012A GO Refunding 2004A 0.00
315 2015A GO Open Space 0.00
316 Plymouth Creek Center Bonds 0.00
400 General Capital Projects Fund 49,323.84
401 Minnesota State Aid Fund 0.00
404 Community Improvement 0.00
405 Park Replacement Fund 1,368.87
406 Street Reconstruction Fund 0.00
407 Project Administration Fund 0.00
408 Park Construction 0.00
409 Capital Improvement Fund 0.00
412 Water Sewer Replace 0.00
413 Improvement Project Construction 4,063,673.41
417 Project Warranty Repairs 0.00
418 Utility Trunk System Expansion 0.00
420 Water Sewer Construction 0.00
421 ENT-Water Resources Constrctn 0.00
422 TIF 7-4 PTP Construction 0.00
423 TIF 7-5 Rottlund (Const)0.00
424 TIF 7-6 Berkshire 0.00
425 TIF Housing Assistance Program 0.00
426 TIF 7-7 Stonecreek 0.00
427 TIF 1-1 Shops at Plymth Crk 0.00
428 TIF 1-2 Vicksburg Commons 0.00
429 TIF HRA 1-3 Crossroads Station 0.00
432 TIF 7-8 Quest 0.00
433 TIF 7-9 Four Seasons 0.00
434 TIF 7-10 Sands 0.00
435 Plymouth Creek Center Expansion 0.00
436 Doran Bassett Creek 0.00
437 CON - Fire Stations 294,221.12
500 Water Fund 383,639.79
510 Water Resources Fund 187,728.92
520 Sewer Fund 23,156.59
530 Solid Waste Management Fund 0.00
540 Ice Center Fund 25,769.73
550 Field House Fund 1,020.00
600 Central Equipment Fund 33,429.80
610 Public Facilities Fund 121,473.17
620 Information Technology Fund 39,330.70
630 Risk Management Fund 8,815.79
640 Employee Benefits Fund 351,002.16
660 Resource Planning 0.00
700 Parkers's Lake Cemetery 0.00
800 Investment Trust Fund 0.00
850 Plymouth Town Square 0.00
851 Vicksburg Crossing 0.00
Total Invoice Expense Distribution:6,321,970.18
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CITY OF PLYMOUTH
RESOLUTION NO. 2023-195
RESOLUTION APPROVING DISBURSEMENTS ENDING JULY 28, 2023
WHEREAS, a list of disbursements for the period ending July 28, 2023 was presented to the City
Council for approval.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the payment of the list of disbursements of the following funds is approved.
US Bank – Check Register
General & Special Revenue $ 732,984.90
Construction & Debt Service $ 4,408,587.24
Enterprise & Internal Service $ 1,175,366.65
Housing Redevelopment $ 5,031.39
Check Register Total $ 6,321,970.18
US Bank – Housing Assistance Payments
Housing & Redevelopment Authority $ 0.00
$ 0.00
GRAND TOTAL FOR ALL FUNDS $ 6,321,970.18
Additionally, the US Bank Check Register amounts split by type of payment follow:
EFT 54,264.90
Check (#158921-159264)6,267,705.28
Total $6,321,970.18
APPROVED by the City Council on this 8th day of August, 2023.
13
Regular City
Council
August 8, 2023
Agenda
Number:6.3
To:Dave Callister, City Manager
Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer
Reviewed by:Michael Thompson, Public Works Director
Item:Approve conveyance of easements for the MnDOT Hwy
169/36th Avenue Bridge Replacement Project
1.Action Requested:
Adopt attached resolution approving the conveyance of easement for the MnDOT Hwy 169/36th
Avenue Bridge Replacement Project.
2.Background:
The Minnesota Department of Transportation (MnDOT) is scheduled to reconstruct the Highway
169/36th Avenue bridge in either 2024 or 2025. As part of this project, MnDOT is proposing to make
ADA ramp, sidewalk, and trail improvements on the southwest quadrant of the interchange and
along 36th Avenue where the city owns a parcel in fee. For MnDOT to complete this work as
proposed, they would be required to acquire permanent and temporary easements on the
city-owned parcel. Since the reason for the easement is for a trail benefitting the city, it is
recommended the city waive just compensation for the easements and donate them to MnDOT. A
copy of the easement document and parcel sketch are attached.
3.Budget Impact:
N/A
4.Attachments:
Easement Documents
City Council Resolution 2023-196
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CITY OF PLYMOUTH
RESOLUTION NO. 2023-196
RESOLUTION APPROVING THE DONATION OF EASEMENTS FOR THE MNDOT
HWY 169/36TH AVENUE BRIDGE REPLACEMENT PROJECT
WHEREAS, the Minnesota Department of Transportation “MnDOT” has established and designated
the route of Trunk Highway No. 169 which travels within the City of Plymouth municipal limits; and
WHEREAS, MnDOT has planned improvements, State Project No. 2772-125, for the replacement of
the interchange of Highway 169 and 36th Avenue; and
WHEREAS, said improvements include rehabilitation of a portion of 36th Avenue west of the
interchange; and
WHEREAS, proposed improvements include construction of Americans with Disability Act “ADA”
compliant ramps and a pedestrian sidewalk at the southwest quadrant of the interchange; and
WHEREAS, to construct the improvements MnDOT must acquire from the city the permanent and
temporary easements described as:
All of the following:
That part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 118
North, Range 22 West, shown as Parcel 221B on Minnesota Department of Transportation Right of
Way Plat Numbered 27-245 as the same is on file and of record in the office of the County Recorder in
and for Hennepin County, Minnesota;
Containing 7 square feet, more or less;
Together with other rights as set forth below, forming and being part of said Parcel 221B:
Temporary Easement:
A temporary easement for highway purposes as shown on said plat as to said Parcel 221B by
the temporary easement symbol, said easement shall cease on December 1, 2026, or on such earlier
date upon which the Commissioner of Transportation determines by formal order that it is no longer
needed for highway purposes.
WHEREAS, the city is supportive of MnDOT making the proposed improvements as they will improve
the ability to walk and bike around the project area in the City of Plymouth.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the Mayor and City Manager are authorized and directed to sign the appropriate
documents accepting and executing the donation of said easements.
APPROVED by the City Council on this 8th day of August, 2023.
23
Regular City
Council
August 8, 2023
Agenda
Number:6.4
To:Dave Callister, City Manager
Prepared by:Pete Johnson, Police Captain
Reviewed by:Erik Fadden, Public Safety Director
Item:Approve School Resource Officer contract with School District
281
1.Action Requested:
Approve contract for School Resource Officer services for Robbinsdale School District 281.
2.Background:
The School Resource Officer (SRO) program in Plymouth provides a significant benefit to the school,
the police department, and the community at-large. The SRO is a visible and consistent resource to
students, faculty, staff and administrators alike to help resolve a number of issues on the school’s
campuses. This successful program has been well received over the past few years and the
Robbinsdale School District has proposed a new contract for the 2023-2024 school year with some
changes that were approved by the City Attorney. The city will invoice the school district for the first
half of the payment on January 1 and for the second half of the payment on June 30. The funding
that the Robbinsdale School District shall provide to the city for the 2023-2024 school year is the
same as last year, $56,627.31 per full-time SRO. The Robbinsdale School District determines
contributions to the SRO contract by using the School Safety Levy amount and splitting it evenly
across all SROs in the school district. When the SRO is not on site, the district will not be billed.
Therefore, billing will be discounted at a rate of $339.09 per day from the total amount of $56,627.31.
3.Budget Impact:
There will be no budget impact to the city over last year's contract.
4.Attachments:
Contract
City Council Resolution 2023-197
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Page 1 of 6
SCHOOL RESOURCE OFFICER AGREEMENT BY AND BETWEEN THE
INDEPENDENT SCHOOL DISTRICT 281 AND THE CITY OF PLYMOUTH
THIS SCHOOL RESOURCE OFFICER AGREEMENT (“Agreement”) is made by and between
the INDEPENDENT SCHOOL DISTRICT 281, a Minnesota school district, (“School District”)
and the CITY OF PLYMOUTH a Minnesota municipal corporation (“City”). The District and
City may be identified individually as a “Party” or collectively as the “Parties.”
Recitals
A. Independent School District 281 and the City desire the creation of a high-quality learning
environment for students, staff and families. As such, we are entering into this agreement to
engage the services of a school resource officer (“SRO”) from the City’s police department. While
this Agreement refers to a single SRO, more than one SRO may be provided and the terms of this
Agreement shall apply to each such SRO.
B. The Safe Schools Levy provides monetary funds to school districts to hire school resource
officers to help address safety related issues within schools.
C. To that end, the School District desires to obtain the services of, and the City agrees to provide,
SRO(s) in accordance with the terms and conditions of this Agreement.
Agreement
In consideration of the terms and conditions contained herein, the Parties hereby agree as
follows:
1. SRO SERVICES. The City agrees to provide the School District a SRO(s) to provide
services at the schools identified herein, and the School District agrees to provide funding for the
SRO(s), in accordance with the terms and conditions of this Agreement.
2. TERM. The Term of this Agreement shall be for a twelve (12) month period from July 1,
2023 to June 30, 2024.
3. TERMINATION. Either Party may terminate this Agreement upon a sixty (60) days
written notice to the other of such termination. In the event of a termination, any payments due
to the City shall be prorated based on the period of SRO services provided.
4. LEVY. The School District will levy the maximum amount permitted by law to the
property tax payers in the School District to help fund the SRO position.
5. PROGRAM FUNDING. The School District will meet with the Chief Law Enforcement
Officer, or designee, of the City to discuss the allocation of available funds to support the SRO
services. The City will invoice the School District for the first half of the payment on January 1
and for the second half of the payment on June 30. The funding the School District shall provide
to the City for the 2023-24 school year will be $56,627.31 per full time equivalent (“FTE”) SRO
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Page 2 of 6
provided by the City (“FTE Funding”). Pursuant to paragraph 7, the City will document all
days the SRO(s) are not on site and discount the first or second half payment at a rate of $339.09
per day. Notwithstanding, the termination provision contained herein, the City may terminate
this Agreement upon ten (10) days written notice of termination to the School District if the City
determines the School District does not have sufficient funds to pay the FTE Funding.
6. SCHOOLS SERVED. Armstrong High School, 10635 36th Ave. North, Plymouth, MN
55441 (“School”) will receive SRO services under this Agreement, as will Plymouth Middle
School, 10011 36th Ave. North, Plymouth, MN 55441 (“School”).
7. NUMBER OF SRO(s). The City will assign two (2) FTE police officers to serve
Armstrong High School as the SRO(s) at the School during the regular school year. The City will
assign one (1) FTE police officer to serve Plymouth Middle School as the SRO at the School
during the regular school year. The City will work collaboratively with the school district to
determine which of its police officers to assign to serve as the SRO(s) under this Agreement.
The number of police officers serving in the SRO(s) position at the School may be modified at
any time upon the written agreement of the City and the School District. The provision of all
such SRO(s) shall be subject to the terms and conditions of this Agreement. The School District
agrees to pay the City the FTE Funding amount for each FTE SRO(s) provided at the School.
There will be no SRO(s) when the school district is in distance learning at any of the schools.
No payments will be made to the cities when SRO(s) are not on site.
8. RELATIONSHIP OF THE PARTIES. The SRO(s) assigned to the School District is an
employee of the City and will not be considered an employee of the School District. The SRO(s)
will be subject to the control, supervision, policies, procedures, and general orders of the City
and its Police Department as well as the policies and procedures of Independent School District
281. At all times, the SRO(s) will be considered law enforcement for the purposes where the law
requires school districts to make referrals to law enforcement. It is agreed that nothing contained
in this Agreement is intended or should be construed in any manner as creating or establishing a
partnership or joint venture between the Parties. Neither party agrees to accept responsibility for
the acts of the other Party or of the other Party’s officers, personnel, employees, agents,
contractors, or servants. Any claims arising out of the employment or alleged employment,
including without limitation claims of discrimination, by or against a Party’s officers, personnel,
employees, agents, contractors, or servants will in no way be the responsibility of the other Party.
Neither Party will have any authority to bind the other by or with any contract or agreement, nor
to impose any liability upon the other. All acts and contracts of each Party will be in its own
name and not in the name of the other, unless otherwise provided herein.
9. COMPENSATION TO SRO(s). The City will be responsible for all payments regarding
compensation, benefits, pension plans and withholdings for its officer(s) serving as the SRO(s) at
the School(s). The Parties will, except as provided herein, act in their individual capacities and
not as agents, employees, partners, joint ventures or associates of the other. Neither of the
Parties, nor its personnel, employees, agents, contractors, or servants, shall be entitled to any
benefits of the other. The Parties will not provide any insurance coverage to the other or their
employees including, but not limited to, workers’ compensation insurance. Each Party will pay
all wages, salaries and other amounts due its employees and will be responsible for all reports,
26
Page 3 of 6
obligations, and payments pertaining to social security taxation, income tax withholding, workers
compensation, unemployment compensation, group insurance coverage, collective bargaining
agreements or any other such similar matters.
10. DUTIES AND EVALUATION OF THE OFFICER(S). The law enforcement services
provided to the School District by the SRO(s) will be at the sole discretion of the City. Officer
standards of performance, conduct and discipline of the officer, performance reviews and other
internal matters related to the SRO(s) services shall be under the authority of the City. Time
spent by the SRO(s) in excess of eight (8) hours in a day in the performance of SRO(s) duties at
the School will be on a specific, case-by-case basis requiring the advance approval of the City
and the School District. The City retains the authority to recall the SRO(s) if they are needed for
an emergency occurring off of School grounds.
11. DESCRIPTION OF SERVICES. The SRO(s) will provide the followings services at the
School:
A. Promote the safety and welfare of students.
B. Serve as a resource for teachers, parents and students regarding individual problems or
questions.
C. Work with the administrators and staff of the School by building relationships with
students in the prevention of delinquency.
D. The SRO will encourage positive attitudes and supportive behaviors toward school
district policies and procedures as well as the law, and demonstrate and model the responsible
exercise of authority.
E. Actively support school district policy and procedures.
F. Maintain awareness of all criminal or delinquency investigations or criminal
interrogations being done at the School and, when necessary, provide information to school
administration and District leadership. All questioning of the students will be in adherence with
District policies and administrative procedures such as AP519.
G. Perform investigations of criminal incidents occurring at the School and make proper
referrals to law enforcement as serious matters may require.
H. Provide input to School administration on matters relating to School building security and
occupant safety.
I. Participate in community and School efforts to promote positive youth development.
J. To the extent possible and consistent with other responsibilities, the SRO will wear
appropriate civilian attire while working at the School.
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Page 4 of 6
K. Speak to and provide curriculum support for classrooms on age appropriate subjects to
present to School students as requested by School administration.
L. Perform other duties and assume other responsibilities as may be agreed to between the
City’s Chief Law Enforcement Officer and District administration.
M. It is required of Independent School District 281 to have any School Resource Officer
participate in school diversion efforts, which are in alignment with our District Discipline Policy.
N. For any school code violations identified or witnessed, the SRO will defer the student to
the principal's office as disciplining students for code of conduct violations is a School District
Responsibility.
12. STUDENT DISCIPLINE. The SRO(s) will not recommend, determine or provide input
on student(s) disciplined by the School. Unless requested by School administration or other
personnel, the SRO(s) is not responsible for responding to any situation that other school
personnel can adequately handle. The Parties understand and agree incidents such as disorderly
conduct, bullying, cyberbullying, disruption of school assembly or activities, profanity, dress
code, and fighting that does not involve physical injury or a weapon, shall be considered School
discipline issues to be handled by other School officials, unless the presence of the SRO(s) is
necessary to protect the physical safety of students, school personnel, or public. Nothing in this
Agreement prevents or limits the authority of the SRO(s) to exercise his or her duties as a law
enforcement officer regardless of whether the exercise of those duties occurs on or off School
grounds.
13. ACCESS TO EDUCATIONAL DATA. The Parties are subject to the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. The School District is subject
to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (“FERPA”). The SRO
position is not a designated “school official” with regard to the FERPA while under contract and
providing SRO services to the School District. The City agrees to comply with the requirements
of FERPA to the extent the police officer serving as the SRO obtains data from the School
District subject to FERPA.
14. PUBLIC DATA. School District officials will allow the SRO(s) to inspect and copy any
public records maintained by the School District within the extent of the law.
15. PRIVATE EDUCATIONAL DATA. During an emergency, if information in a
student’s record is needed to protect the health or safety of the student(s) or other individuals,
School District officials will disclose the information needed to respond to the emergency
situation to the SRO(s) based upon the seriousness of the threat to someone’s health or safety,
the need of the information in order to meet the emergency situation, and the extent to which
time is of the essence. If student record information is needed by an SRO, but no emergency
situation exists, the information may be released only as allowed by law.
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Page 5 of 6
16. ADDITIONAL OFFICER DUTIES. The SRO(s) will respond to emergency calls,
attend police training, and any other special duties as assigned by the City while fulfilling the
SRO requirements under this Agreement.
17. TRAINING. The School District agrees to provide the following training at its own
cost:
A. Role of the SRO(s). The School District will provide training to School personnel
regarding the appropriate role of the SRO and when personnel may request help from the SRO.
The training will also emphasize that personnel are not to refer students to law enforcement due to
conduct in the classroom unless the presence of the SRO is necessary to protect the physical safety
of students, school personnel, or general public.
18. OFFICER SUPPLIES AND EQUIPMENT. The School shall not be required to provide
the SRO(s) clothing, uniforms, vehicles, or other equipment necessary to perform the required
duties under this Agreement.
19. INDEMNIFICATION. Each Party shall be responsible for its own acts and omissions and
the results thereof to the greatest extent authorized by law. Neither Party agrees to accept the
liability of the other. Each Party agrees to defend, indemnify and hold the other harmless from
any and all liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney’s fees, directly resulting from the indemnifying Party’s own
negligent actions or inactions, or the negligent actions or inactions of the indemnifying Party’s
employees and officers. The Party seeking to be indemnified and defended shall provide timely
notice to the others when the claim is brought. The Party undertaking the defense shall retain all
rights and defenses available to the indemnified Party and no immunities or limitations on liability
are hereby waived that are otherwise available to either Party.
20. NONDISCRIMINATION. Both Parties agree they will not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement with
respect to hire, tenure, terms, conditions, or privileges of employment because of the race, color,
religion, sex, disability, or national origin or similarly protected status of the employee or
applicant. Neither Party will, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances.
21. NOTICE. Any notice, demand, request or other communication that may or will be given or
served by the Parties, will be deemed to have been given or served on the date the same is deposited
in the United States mail, registered or certified postage prepaid and addressed as follows:
If to the City: If to the School District:
Erik Fadden, Chief
29
Page 6 of 6
Plymouth Police Department
3400 Plymouth Blvd.
Plymouth, MN 554447
Bo Powell
Director of Security
4148 Winnetka Avenue North
New Hope, MN 55427
22. APPLICABLE LAW. The Parties to this Agreement will comply with all applicable federal,
state, and local laws, rules, regulations, and ordinances in the performance of their respective
obligations under this Agreement. Minnesota law will govern the terms and the performance under
this Agreement.
23. ENTIRE AGREEMENT; AMENDMENTS. This Agreement, including the recitals which
are incorporated herein, constitutes the entire agreement between the Parties and no other
agreement prior to this Agreement or contemporaneous to this Agreement will be effective except
as expressly set forth or incorporated in this Agreement. Any purported amendment to this
Agreement will not be effective unless it is set forth in writing and executed by both Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective duly authorized officers effective as of the date indicated above.
CITY OF PLYMOUTH INDEPENDENT SCHOOL DISTRICT 281
By By
Mayor Executive Director of Finance
By
City Manager
30
CITY OF PLYMOUTH
RESOLUTION NO. 2023-197
RESOLUTION APPROVING CONTRACT WITH ROBBINSDALE SCHOOL DISTRICT 281
FOR SCHOOL RESOURCE OFFICER SERVICES
WHEREAS, the Plymouth Police Department has provided three police officers to serve as School
Resource Officers with the Robbinsdale School District 281; and
WHEREAS, both the school district and the police department believe it is in the best interest of
the community and all parties concerned to continue this program; and
WHEREAS, it is advantageous for the Robbinsdale School District 281 and the City of Plymouth
to enter into a contract that will have a term of July 1, 2023 through June 30, 2024.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the contract is approved and the mayor and city manager are authorized to execute
said agreement.
APPROVED by the City Council on this 8th day of August 2023.
31
Regular City
Council
August 8, 2023
Agenda
Number:6.5
To:Dave Callister, City Manager
Prepared by:Sonya Rippe, Project Coordinator
Reviewed by:Jennifer Tomlinson, Director of Parks and Recreation
Item:Designate landscape architect for The Meadows Playfield
(PR240001)
1.Action Requested:
Adopt the attached resolution designating the landscape architect for The Meadows Playfield
(PR240001).
2.Background:
The Meadows, 5805 Peony Lane North is 19.42 acres located in the northwest quadrant of Plymouth;
located at the southwest corner of Chankahda Trail and Peony Lane. The goal of the development is
to provide active and passive recreation spaces along with supporting recreation spaces and
landscaping areas.
Proposed amenities include the following: cricket pitch with overlapping soccer fields, lighted
pickleball and tennis courts, ice skating, sledding hill, strider bike course, trails, four season
restroom building, plaza, shade structures, parking lot, tall native prairie, wetland restoration and
pollinator seed restoration.
ISG has prepared the master plan for The Meadows. To provide continuity to the project, ISG
prepared a proposal to include geotechnical services, design development, construction documents,
bidding and permitting for the next phase of the park development. The proposal submitted by ISG
showed a good understanding of the project. This firm has a project team with the experience
necessary to deliver the project. The total estimated landscape architect fees are $385,100. Staff
evaluated the cost in the proposal and found it comparable to other consultant led projects.
Therefore, staff recommends designating ISG as the landscape architect for this project.
3.Budget Impact:
This project is included in the 2023-2032 Capital Improvement Plan for construction in 2024 currently
at an estimated cost of $5,300,000.
4.Attachments:
Master Plan
Landscape Architect Agreement
City Council Resolution 2023-212
32
33
Architecture + Engineering + Environmental + Planning CITY OF PLYMOUTH PARK PLANNING | PRELIMINARY MASTER PLAN | 1May 30, 2023
ISG Project: 26231
0 25 50 100
Scale 1”= 50’
THE MEADOWS PARK
Existing Elementary
School Softball Field
Realigned Wetland / Winter Skating
Existing Elementary
School Practice Fields
Existing Utility
Pickleball Court (4)
Tennis Court (2)
4-Season Restroom Building
Protection Fence
Soccer Fields
Trail Connection
Trail Nodes
Trail Connection
Parking Lot (100 Stalls)
Parking Lot Lighting
Pedestrian Lighting
Retaining Wall
Retaining Wall
Retaining Wall
Existing Picnic Shelters
Existing Playground
Open space & Sledding Hill
Pe
o
n
y
L
a
n
e
N
Chankahda Trail
Pollinator Seed Restoration
Pollinator Seed Restoration
Cricket Pitch
Athletic Lighting
PARK PROJECT BOUNDARY
Existing Wetland
Existing Wetland
Existing Wetland
Existing Underpass
Native Seed Restoration Buffer
Strider Bike Course
450 LF
150 LF
24
0
L
F
Tensile Shade Structures
Potential Batting Cages (By Athletic Organization)
MASTER PLAN
Potential Equipment Storage Shed (By Athletic Organization)
34
Architecture + Engineering + Environmental + Planning CITY OF PLYMOUTH PARK PLANNING | PRELIMINARY MASTER PLAN | 2May 30, 2023
ISG Project: 26231
Pickleball Netting
Court Lighting
Cricket Pitch
Athletic Lighting
Protection Netting
Batting Cages
THE MEADOWS PARK ACTIVE RECREATION
CRICKET PITCH
CRICKET FIELD VISION
TENNIS + PICKLE-BALL
PICKLE-BALL + TENNIS VISION
BATTING CAGES
PICKLEBALL NETTING
COURT LIGHTING
PROTECTION NETTING
ATHLETIC LIGHTING
Looped Walk
Multi-Purpose
Irrigated Natural Grass
Dedicated In-Ground Pickle-Ball Netting
Field Lighting
Acrylic Court Multi-Color Surfacing
Black Coated Chain-Link Fencing
35
Architecture + Engineering + Environmental + Planning CITY OF PLYMOUTH PARK PLANNING | PRELIMINARY MASTER PLAN | 3May 30, 2023
ISG Project: 26231
Concrete Walk
Bituminous Trail
Strider Bike Course
Sledding Hill
Skating Rink
Picnicking
THE MEADOWS PARK PASSIVE RECREATION
BITUMINOUS TRAIL
STRIDER BIKE COURSE
WILDLIFE EXPLORATION
SKATING RINK
BIRD WATCHING
PICNICKING SLEDDING HILL
CONCRETE WALK
36
Architecture + Engineering + Environmental + Planning CITY OF PLYMOUTH PARK PLANNING | PRELIMINARY MASTER PLAN | 4May 30, 2023
ISG Project: 26231
THE MEADOWS PARK RECREATION SUPPORT ELEMENTS
RESTROOM BUILDING
TRAIL NODES
POTENTIAL SITE FURNISHING PALETTE
PARK PLAZA
RETAINING WALL PARKING LOT DESIGN
SHADE STRUCTURE
Parking Lot
Trail Nodes
Shade Structure
Retaining Wall
Park Plaza
Park Building
37
Architecture + Engineering + Environmental + Planning CITY OF PLYMOUTH PARK PLANNING | PRELIMINARY MASTER PLAN | 5May 30, 2023
ISG Project: 26231
THE MEADOWS PARK LANDSCAPE PLANTING
/ AESTHETIC
TALL NATIVE PRAIRIE
POLLINATOR SEED RESTORATION
PARKING LOT CANOPY COVERAGE
NATIVE SHRUBS
ATHLETIC TURF
NATIVE TREES NATIVE PERENNIALS
WETLAND RESTORATION
Pollinator Mix
Tall Native Prairie
Parking Lot Canopy Coverage
Athletic Turf
Wetland Restoration
38
196073v1 1
AGREEMENT FOR
LANDSCAPE ARCHITECTURAL SERVICES
THIS AGREEMENT is made on the 8th day of August 2023, between the CITY OF
PLYMOUTH, a Minnesota municipal corporation (“CITY”), and ISG, a Minnesota corporation
(“LANDSCAPE ARCHITECT”).
The CITY and the LANDSCAPE ARCHITECT agree as follows:
1. Contract Documents. The LANDSCAPE ARCHITECT agrees to provide landscape
architect services to the CITY in accordance with the following contract documents
which are incorporated herein by reference:
A. This Agreement for Landscape Architect Services.
B. LANDSCAPE ARCHITECT’s Proposal for Professional Services for THE
MEADOWS PLAYFIELD DEVELOPMENT PROJECT, submitted on July
21, 2023.
C. LANDSCAPE ARCHITECT’s Current Hourly Fee Schedule.
In the event of conflict among the documents, the conflict shall be resolved in descending
order of priority, with the document listed first having the highest priority and the
document listed last having the lowest priority.
2. Compensation. LANDSCAPE ARCHITECT shall be paid by the CITY on an hourly
basis in accordance with the hourly fee schedule but not to exceed $385,100 inclusive of
reimbursable expenses as reflected in the estimate of cost exhibit in The Meadows
Playfield Development Project Proposal. The not to exceed fees shall not be adjusted if
the estimated hours to perform a task, the number of estimated required meetings or any
other estimate or assumption is exceeded.
3. Optional Services. Not applicable.
4. Method of Payment. LANDSCAPE ARCHITECT may request progress payments as
the work is performed. The CITY will normally make payment within thirty-five (35)
days of receipt of a properly itemized bill.
5. Change Orders. All change orders, regardless of amount, must be approved in advance
and in writing by the Plymouth City Council. No payment will be due or made for work
done in advance of such approval.
6. Standard of Care. LANDSCAPE ARCHITECT shall exercise the same degree of care,
skill, and diligence in the performance of the services as is ordinarily possessed and
exercised by a professional landscape architect under similar circumstances. No other
39
196073v1 2
warranty, expressed or implied, is included in this Agreement or in any drawing,
specification, report, or opinion produced pursuant to this Agreement. LANDSCAPE
ARCHITECT shall be responsible for the accuracy of the work and shall promptly make
necessary revisions or corrections resulting from errors and omissions on the part of
LANDSCAPE ARCHITECT without additional compensation.
7. Subcontractor. LANDSCAPE ARCHITECT shall not enter into subcontracts for
services provided under this Agreement without the express written consent of the CITY,
which consent shall not be unreasonably withheld. The LANDSCAPE ARCHITECT
shall pay any subcontractor involved in the performance of this Agreement within ten
(10) days of the LANDSCAPE ARCHITECT’S receipt of payment by the CITY for
undisputed services provided by the subcontractor. If the LANDSCAPE ARCHITECT
fails within that time to pay the subcontractor any undisputed amount for which the
LANDSCAPE ARCHITECT has received payment by the CITY, the LANDSCAPE
ARCHITECT shall pay interest to the subcontractor on the unpaid amount at the rate of
1-1/2 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less
than $100, the LANDSCAPE ARCHITECT shall pay the actual interest penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the LANDSCAPE ARCHITECT shall be awarded its costs and
disbursements, including attorney’s fees, incurred in bringing the action.
8. Independent Contractor. The CITY hereby retains the LANDSCAPE ARCHITECT as
an independent contractor upon the terms and conditions set forth in this Agreement. The
LANDSCAPE ARCHITECT is not an employee of the CITY and is free to contract with
other entities as provided herein. LANDSCAPE ARCHITECT shall be responsible for
selecting the means and methods of performing the work. LANDSCAPE ARCHITECT
shall furnish any and all supplies, equipment, and incidentals necessary for LANDSCAPE
ARCHITECT ’S performance under this Agreement. CITY and LANDSCAPE
ARCHITECT agree that LANDSCAPE ARCHITECT shall not at any time or in any
manner represent that LANDSCAPE ARCHITECT or any of LANDSCAPE ARCHITECT
’S agents or employees are in any manner agents or employees of the CITY. LANDSCAPE
ARCHITECT shall be exclusively responsible under this Agreement for LANDSCAPE
ARCHITECT ’S own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self-employment taxes if any such
payments, amounts, or taxes are required to be paid by law or regulation.
9. Non-Discrimination. During the performance of this Agreement, the LANDSCAPE
ARCHITECT shall not discriminate against any employee or applicants for employment
because of race, color, creed, religion, national origin, sex, sexual orientation, marital
status, status with regard to public assistance, disability, or age. The LANDSCAPE
ARCHITECT shall post, in places available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause and
stating that all qualified applicants will receive consideration for employment. The
LANDSCAPE ARCHITECT shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
40
196073v1 3
subcontractors for such work to incorporate such requirements in all subcontracts for
program work.
10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. Any Assignment in violation of this
provision is null and void.
11. Indemnification. The LANDSCAPE ARCHITECT shall indemnify and hold harmless
the CITY, its officials, agents, and employees, of and from any and all claims, demands,
actions, causes of action, including costs and attorney’s fees, arising out of or by reason
of the execution or performance of the work or services provided for herein, to the extent
caused by the negligent acts, errors or omissions, willful misconduct, or breach of any
substantive provision of this Agreement by the LANDSCAPE ARCHITECT, its officials,
agents or employees in the execution, performance, or failure to adequately perform the
LANDSCAPE ARCHITECT’S obligations pursuant to this Agreement.
12. Insurance.
A. General Liability. During the term of this Agreement, LANDSCAPE
ARCHITECT shall maintain a general liability insurance policy with limits of at
least $2,000,000 for each person, and each occurrence, for both personal injury
and property damage. This policy shall name the CITY as an additional insured
for the services provided under this Agreement and shall provide that the
LANDSCAPE ARCHITECT ’S coverage shall be the primary coverage in the
event of a loss.
B. Worker’s Compensation. The LANDSCAPE ARCHITECT shall secure and
maintain such insurance as will protect LANDSCAPE ARCHITECT from claims
under the Worker’s Compensation Act and from claims for bodily injury, death,
or property damage which may arise from the performance of LANDSCAPE
ARCHITECT ’S services under this Agreement.
C. Professional Liability Insurance. The LANDSCAPE ARCHITECT shall secure
and maintain a professional liability insurance policy. Said policy shall insure
payment of damages for legal liability arising out of the performance of
professional services for the CITY, in the insured’s capacity as LANDSCAPE
ARCHITECT, if such legal liability is caused by an error, omission, or negligent
act of the insured or any person or organization for whom the insured is legally
liable. Said policy shall provide minimum limits of $2,000,000 with a deductible
maximum of $125,000. The policy shall also insure the indemnification obligation
contained in Paragraph 10 above.
D. Certificate of Insurance. A certificate of insurance on a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided to
the CITY before work under this Agreement is begun.
41
196073v1 4
13. Records Access. The LANDSCAPE ARCHITECT shall provide the CITY access to any
books, documents, papers, and records which are directly pertinent to the specific
contract, for the purpose of making audits, examinations, excerpts, and transcriptions, for
three (3) years after final payments and all other pending matters related to this
Agreement are closed.
14. Minnesota Government Data Practices Act. LANDSCAPE ARCHITECT must comply
with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the CITY pursuant to this Agreement, and (2) all data,
created, collected, received, stored, used, maintained, or disseminated by the LANDSCAPE
ARCHITECT pursuant to this Agreement. LANDSCAPE ARCHITECT is subject to all the
provisions of the Minnesota Government Data Practices Act, including but not limited to the
civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the
event LANDSCAPE ARCHITECT receives a request to release data, LANDSCAPE
ARCHITECT must immediately notify CITY. CITY will give LANDSCAPE
ARCHITECT instructions concerning the release of the data to the requesting party before
the data is released. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
15. Ownership of Documents. LANDSCAPE ARCHITECT retains ownership and
copyright in all plans, diagrams, analyses, reports, and information (the “Instruments of
Service”) generated in connection with the performance of this Agreement. Upon full
payment of amounts due under this Agreement, LANDSCAPE ARCHITECT shall
provide an irrevocable non-exclusive license to the City to use the Instruments of Service.
The CITY may use the Instruments of Service or related information for its purposes.
Any modifications made by the CITY to any of the LANDSCAPE ARCHITECT’S
Instruments of Service without written authorization or adaptation by the LANDSCAPE
ARCHITECT will be at the CITY’S sole risk and without liability to the LANDSCAPE
ARCHITECT. Under no circumstances shall transfer of Instruments of Service be
deemed a sale by LANDSCAPE ARCHITECT.
16. Copyright/Patent. LANDSCAPE ARCHITECT shall defend actions or claims charging
infringement of any copyright or patent by reason of the use or adoption of any designs,
drawings or specifications supplied by it, and it shall hold harmless the CITY from loss
or damage resulting therefrom.
17. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota, without giving effect to the
principles of conflict of laws. All proceedings related to this contract shall be venued in
the Hennepin County District Court.
18. Permits. LANDSCAPE ARCHITECT shall obtain all necessary permits required for
completion of LANDSCAPE ARCHITECT’S services.
19. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
42
196073v1 5
the subject matter hereof as well as any previous agreements presently in effect between the
parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
20. Termination. CITY may terminate this Agreement without cause by written notice
delivered to the LANDSCAPE ARCHITECT. Upon termination under this provision if
there is no fault of the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT
shall be paid for services rendered and reimbursable expenses until the effective date of
termination. If however, the CITY terminates the Agreement because the LANDSCAPE
ARCHITECT has failed to perform in accordance with this Agreement, no further
payment shall be made to the LANDSCAPE ARCHITECT, and the CITY may retain
another contractor to undertake or complete the work identified in the Contract
Documents. If as a result, the CITY incurs total costs for the work (including payments
to both the present contractor and a future contractor) which exceed the not to exceed
amount specified in the Contract Documents, if any, then the LANDSCAPE
ARCHITECT shall be responsible for the difference between the cost actually incurred
and the Agreement amount.
21. Waiver of Claims for Personal Liability. It is intended by the parties to this Agreement
that LANDSCAPE ARCHITECT’s services shall not subject LANDSCAPE
ARCHITECT’S employees, officers or directors to any personal legal exposure for the
risks associated with this Agreement. Therefore, and notwithstanding anything to the
contrary contained herein, the City agrees that as the CITY’s sole and exclusive remedy,
any claim, demand or suit shall be directed and/or asserted only against LANDSCAPE
ARCHITECT, and not against any of LANDSCAPE ARCHITECT’s individual
employees, officers or directors.
CITY OF PLYMOUTH ISG
By: By:
Jeffry Wosje, Mayor Its: Amanda Prosser, Vice President
By:
Dave Callister, City Manager
43
JULY 2 1 , 2023
Jennifer Tomlinson
Parks and Recreation Director
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
jtomlinson@plymouthmn.gov
6465 Wayzata Boulevard + Suite 970 + St. Louis Park, MN 55426
952.426.0699 + ISGInc.com
Architecture + Engineering + Environmental + Planning
RE: PROFESSIONAL DESIGN PROPOSAL FOR THE MEADOWS PARK
PLYMOUTH, MINNESOTA
Jennifer,
As the Phase One master planning , public engagement, wetland delineation, and topographical survey for The Meadows Park
in Plymouth, Minnesota is nearing completion, ISG stands ready to continue as your trusted partner. Phase Two will include
geotechnical services design development, construction documents, permitting, and bidding.
PROJECT UNDERSTANDING
ISG understands that the scope for this project will include the elements as shown on Attachment A, the Master Plan. The park
elements include:
• One (1) cricket field with athletic lighting
and irrigation
• Two (2) pickleball courts, one (1) tennis court, and
one (1) multi-use tennis /pickleball court
• Three (3) prefabricated picnic shelters (footings by
ISG, selected and purchased by the City)*
• One (1) prefabricated four-season restrooms
building (foundation by ISG, selected and
purchased by the City)*
• 100-stall parking lot with City standard
parking lighting
• Accessible sidewalks and plaza with limited
pedestrian lighting
• Bituminous trails
• Strider bike course
• Large block retaining walls
• Landscaping and restoration
• Site furnishings
*Prefabricated Structures
It is our understanding that the proposed four-season restroom building and picnic shelters will be prefabricated as selected
and purchased by the City and ISG's scope for these items is to design the foundation pad and footings, as well as bring
utilities (water, sanitary sewer, natural gas, and power) to the foundation. ISG will also be required to review the building for
general structural local code compliance, bearing pressure review, and coordinate requirements for the selected general
contractor to unload all materials, survey and field verify final locations, and coordinate with necessary subcontractors. ISG’s
scope does not include design of the building to address any code or structural deficiencies should any be identified in the
review. Our team can provide a subsequent proposal for this work should it be required. It is our assumption that all fixtures,
plumbing, HVAC, and other components requiring coordination for utilities will have cutsheets and requirements provided to
ISG by the prefabricated structure provider.
Environmental
ISG will review the existing wetlands and design for onsite (City preferred) wetland mitigation as determined by the final design
and project intent. It us understood that some wetland mitigation might be included with an adjacent City project, but the full
extent of the mitigation is unknown at the time of this proposal. It is understood that the cricket field can be used as onsite
stormwater treatment per the Ci ty of Plymouth Parks and Engineering Departments. ISG understands that permitting will not be
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required for wetland impacts beyond the local Wetland Conservation Act (WCA) authority; Minnesota Department of Natural
Resources (MNDNR ) wetland permitting will not be required and permitting through the United States Army Corps of Engineers
(USACE) permit w ill not be required because the site’s wetlands are not hydraulically connected to a surface water.
ISG’s scope of services and fees is based on the project understanding and project elements, seven-month anticipated design,
permitting, bidding schedule, and the assumed $5.8 million construction budget, which does not include City-purchased
prefabricated building and shelters. Backed by our in-house, multi-disciplinary professionals, vast parks and recreation
experience, and a sound project understanding, ISG proposes to provide the following scope of services to meet your
project needs.
SCOPE OF SERVICES
Geotechnical Services
ISG will coordinate with a local geotechnical engineering company to complete geotechnical testing and associated
geotechnical report to determine subgrade conditions and design recommendations. We will also work closely with the
geotechnical consultant to identify the test locations and define the testing methods required to provide sufficient data for
development of construction documents. It is our recommendation that a minimum of 12 borings at 10-feet deep are obtained
for the athletic field and parking lot and a minimum of three (3) borings at 25-feet deep are obtained for the
buildings/structures . Four (4) Double Ring Infiltrometer tests will be provided as required for watershed and permitting
requirements. ISG will work with the geotechnical engineer to discuss design section options and review cost implications and
our recommendations with the City.
DELIVERABLES
• One (1) coordination meeting with the
geotechnical engineer
• One (1) geotechnical report (coordinated by ISG,
provided by others)
• Four (4) Double Ring Infiltrometer Tests
Design Development
The Master Plan will be updated based on the site survey, wetland inventory, and geotechnical testing findings into a preferred
site plan for discussion purposes to finalize the project scope and confirm the project construction budget. The preferred plan
will include an updated opinion of probable costs. Upon City approval, ISG will then create design development drawings and
provide information for discussion purposes of athletic field turf grass and drainage options, racket court surfacing and fencing
options, lighting options, furnishing options, and pavement types and finishes . During design development, it is recommended
to submit the plans to Plymouth Public Works Department and Elm Creek Watershed for review and coordination. Design
development drawings will consist of the following preliminary list of design development plan sheets:
• Cover sheet
• Existing conditions and removals
• Traffic control and staging
• Site details
• Erosion control
• Stormwater Pollution Prevention Plan
• Site layout
• Grading and drainage
• Utilities
• Landscape and restoration
• Site furnishings
• Power and site electrical (photometrics)
• Prefabricated building foundation
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DELIVERABLES
• Up to five (5) coordination and review meetings
• One (1) preferred site plan and costs, which
includes one (1) round of comprehensive revisions
based on City comments
• Preliminary stormwater design review
• Design development drawings
• Design development opinion of probable costs
Construction Documents
ISG will prepare construction documents as required for obtaining competitive public bids for the construction of the park. It is
assumed that the construction documents will include up to one (1) bid alternate to allow for construction budget flexibility. The
construction documents will be paired with a complete specification manual, utilizing the City standard specifications where
applicable, to supplement the drawings and will include the estimated plan sheets pending the final design:
• Cover sheet
• Existing conditions and removals
• Traffic control and staging
• Site details
• Erosion control
• Stormwater Pollution Prevention Plan
• Site layout
• Grading and drainage
• Utilities
• Landscape and restoration
• Site furnishings
• Power and site electrical (photometrics)
• Prefabricated building foundation details
• Picnic shelter foundation details
DELIVERABLES
• Up to five (5) coordination and review meetings
• 90% construction documents and specifications
• 90% opinion of probable costs
• 100% construction documents and specifications
Bidding
ISG will provide the professional design services to prepare the bidding documents, including plans and specifications using
QuestCDN. ISG will bid the project virtually and coordinate the advertisement for bid and publications. ISG will respond to all
contractor questions, issue addenda as needed, lead the bid opening, tabulate, and review the bids, and provide a letter of
recommendation.
DELIVERABLES
• Advertisement for bid
• Upload bidding package (PDF)
• Issue addenda as needed
• Respond to contractor questions
• Lead the bid opening
• Bid tabulations
• Letter of recommendation
Permitting
ISG has a full development services team that will coordinate all project permitting and plan review needs. It is understood that
the City of Plymouth is Authority Having Jurisdiction (AHJ) and the project will require a minimum of stormwater, electrical,
earthwork, water, and building permits pending the final design. The contractor(s) will be responsible for obtaining and
maintaining all construction-related permits, and the City will be responsible for all permit application costs.
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ASSUMED PERMITS + REVIEWS
• City Site Plan Review
• MCES SAC Determination
• City Building Plan Review
• Elm Creek Watershed Review
• Fence & Retaining Wall Permit
• City Sign Permit
• Public Works Review
• NPDES Construction Stormwater General Permit
NOT REQUIRED
It is ISG’s understanding that the following will not be required:
• Platting
• Rezoning
• Variances
• Public water or sanitary extensions
(MPCA and MDH reviews)
• MnDOLI Plumbing Plan Review (City delegated)
• Hennepin County Health Permit
• Site Improvement Performance Agreement
Construction Administration (Not In Contract)
ISG will provide a subsequent proposal for construction administration following design and bidding to confirm final project
scope and deliverables.
ANTICIPATED SCHEDULE
• Geotechnical Coordination July–August 2023
• Design Development August–October 2023
• Construction Documents October–December 2023
• Permitting November–December 2023
• Bidding January 2024
• Contract Award February 2024
• Construction Start Spring 2024
• Anticipated Construction End November 2024
COMPENSATION
ISG proposes to provide the scope of work described within this proposal for compensation per the following schedule:
Anticipated reimbursable expenses such as travel, mileage, and printing are included within the compensation listed above.
SERVICE COMPENSATION
Geotechnical Services $25,100
Design Development $177,000
Construction Documents $164,500
Bidding $6,500
Permitting $12,000
TOTAL $385,100
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ISG’s goal for this proposal, like its services, is to be flexible with accommodating the requirements of this project. Upon
request, ISG is able to provide a subsequent proposal to assist with any additional professional design services that will be
necessary to facilitate this project as it moves forward.
ISG appreciates the opportunity to provide a solution tailored to the needs of the City of Plymouth. Upon acceptance of this
proposal, please sign the acknowledgment box and return a copy to our office. We are excited to continue this project with you.
Sincerely,
Amanda Prosser, PLA
Vice President, Sports + Recreation Business Unit Leader
Amanda.Prosser@ISGInc.com
Mitch Workmon, PLA
Project Manager
Mitchell.Workmon@ISGInc.com
APPLICABLE CONTRACT
The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated
herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its
General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC
Contract that will govern the project.
bit.ly/termsconditions_isg
48
CITY OF PLYMOUTH
RESOLUTION NO. 2023-212
RESOLUTION DESIGNATING LANDSCAPE ARCHITECT FOR THE MEADOWS PLAYFIELD
(PR240001)
WHEREAS, The Meadows Playfield is listed in the 2023-2032 Capital Improvement Plan; and
WHEREAS, ISG prepared the master plan for The Meadows; and
WHEREAS, ISG, a consulting firm, that has the expertise to deliver the project prepared a
proposal; and
WHEREAS, staff recommends ISG be designated as the landscape architect for this project.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat ISG is designated as the city’s landscape architect for The Meadows Playfield
(PR240001) in the amount of $385,100.
APPROVED by the City Council on this 8th day of August, 2023.
49
Regular City
Council
August 8, 2023
Agenda
Number:6.6
To:Dave Callister, City Manager
Prepared by:Andy Etzel, Battalion Chief
Reviewed by:Erik Fadden, Public Safety Director
Item:Authorize renewal of Radiological Response Contract with the
State of Minnesota
1.Action Requested:
Adopt attached resolution authorizing renewal of radiological response contract with the State of
Minnesota for incidents at the Monticello and Prairie Island Nuclear Facilities for the fiscal years
2024-2025.
2.Background:
Since 1993, the council has authorized the city to enter into an agreement with the State of
Minnesota in order for the Fire Department to provide response capabilities to the nuclear power
facilities located at Monticello and Prairie Island. Under this agreement, the Fire Department's
responsibilities are those related to the monitoring of areas surrounding the nuclear facilities for
unsafe levels of radiation. Members of the response team are not permitted to enter areas
determined to be unsafe or immediately dangerous to life and health. The state reimburses the city
up to a maximum amount of $90,000 for fiscal year 2024 and $90,000 for fiscal year 2025 for costs
incurred. The City of Maple Grove's Fire Department has also contracted with the state to provide
these response capabilities. The combined resources of the Plymouth and Maple Grove Fire
Departments are required to comply with the contract.
3.Budget Impact:
There is no impact on the Fire Department budget. Program costs are reimbursed by the state
through the contract. The city does benefit from the fact that the contract pays for various training,
drills, and equipment that would otherwise be the responsibility of the city.
4.Attachments:
Contract
City Council Resolution 2023-198
50
Grant Contract Agreement Page 1 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Minnesota Department of Public Safety (“State”)
Homeland Security and Emergency Management
Division
445 Minnesota Street, Suite 223
St Paul, MN 55101-2190
Grant Program:
2024-2025 (REP) Radiological Emergency Preparedness
Grant Contract Agreement No.:
A-REP-2024/25-PLYMOUCI-033
Grantee:
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1448
Grant Contract Agreement Term:
Effective Date: 7/1/2023
Expiration Date: 6/30/2025
Grantee’s Authorized Representative:
Andy Etzel
City of Plymouth
12000 Old Rockford Rd
Plymouth, MN 55441
763-509-5126
aetzel@plymouthmn.gov
Grant Contract Agreement Amount:
Original Agreement $180,000.00
Matching Requirement $ 0.00
State’s Authorized Representative:
Patrick McLaughlin
Homeland Security & Emergency Management
Division
445 Minnesota Street, Suite 223
St Paul, MN 55101-2190
Phone: 651-201-7434
E-Mail: Patrick.McLaughlin@state.mn.us
Federal Funding: n/a
FAIN: n/a
State Funding: Minnesota Statutes Chapter 12, Section
12.22, Subd.2 and Sections 12.13 and 12.14
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement.
Term: The creation and validity of this grant contract agreement conforms with Minn. Stat. § 16B.98 Subdivision
5. Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. §
16B.98, Subdivision 7, whichever is later. Once this grant contract agreement is fully executed, the Grantee may
claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant contract
agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
The Grantee, who is not a state employee, will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2024-2025
Radiological Emergency Preparedness Application [“Application”] which is incorporated by reference into this
grant contract agreement and on file with the State at Homeland Security and Emergency Management Division
445 Minnesota Street, Suite 223, St Paul, MN 55101-2190. The Grantee shall also comply with all requirements
referenced in 2024-2025 Radiological Emergency Preparedness Guidelines and Application which includes the
Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated
by reference into this grant contract agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
51
Grant Contract Agreement Page 2 of 2
DPS Grant Contract Agreement Non-State (rev. September 2022)
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. § 16A.15 Signed: _________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ___________________________________________
Date: _______________________________________________ Date: ___________________________________________
Grant Contract Agreement No./ P.O. No: A-REP-2024/25-PLYMOUCI-033 / 3000088801
Project No.(indicate N/A if not applicable): N/A
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _________________________________________
Print Name: ______________________________________
Title: ___________________________________________
Date: ___________________________________________
Signed: _________________________________________
Print Name: ______________________________________
Title: ___________________________________________
Date: ___________________________________________
Signed: _________________________________________
Print Name: _____________________________________
Distribution: DPS/FAS
Title: ___________________________________________ Grantee
State’s Authorized Representative
Date: ___________________________________________
52
2024-2025 (REP) Radiological Emergency Preparedness Revised - EXHIBIT A
Organization: Plymouth, City of A-REP-2024/25-PLYMOUCI-033
Budget Summary (Report)
FY24: REP
Budget Category Awarded
Personnel (training, drill, exercise)
24 Annual Training $10,000.00
Total $10,000.00
Equipment
24 Equipment $35,000.00
Total $35,000.00
Supplies
24 Supplies $5,000.00
Total $5,000.00
Other
24 Operating Costs $10,000.00
Total $10,000.00
Personnel
24 Salary $30,000.00
Total $30,000.00
Total $90,000.00
FY25: REP
Budget Category Awarded
Personnel (training, drill, exercise)
25 Annual Training $10,000.00
Total $10,000.00
Equipment
25 Equipment $35,000.00
Total $35,000.00
Supplies
25 Supplies $5,000.00
Total $5,000.00
Other
25 Operating costs $10,000.00
Total $10,000.00
Page 1 of 207/10/2023
53
2024-2025 (REP) Radiological Emergency Preparedness Revised - EXHIBIT A
Organization: Plymouth, City of A-REP-2024/25-PLYMOUCI-033
Budget Summary (Report)
Personnel
25 Salary $30,000.00
Total $30,000.00
Total $90,000.00
Total $180,000.00
Allocation $180,000.00
Balance $0.00
Page 2 of 207/10/2023
54
CITY OF PLYMOUTH
RESOLUTION NO. 2023-198
RESOLUTION AUTHORIZING THE RENEWAL OF AN
AGREEMENT WITH THE STATE OF MINNESOTA TO
PROVIDE RADIOLOGICAL RESPONSE SERVICES
WHEREAS, since 1993, the City Council has authorized an agreement with the State of
Minnesota for the Fire Department to provide response capabilities to nuclear power facilities located at
Monticello and Prairie Island; and
WHEREAS, under this agreement, the Fire Department’s responsibilities are those related to the
monitoring of areas surrounding the nuclear facilities for unsafe levels of radiation; and
WHEREAS, the State of Minnesota reimburses the city up to a maximum of $90,000 for fiscal
year 2024 and $90,000 for fiscal year 2025 for cost incurred; and
WHEREAS, there is no impact on the approved Fire Department budget. Program costs are
reimbursed by the State of Minnesota through the contract.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that the renewal of an agreement with the State of Minnesota for fiscal years 2024-2025 to
provide radiological response at the Monticello and Prairie Island nuclear power facilities is approved.
APPROVED by the City Council on this 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ___________day of
__________________, __________.
____________________________________
City Clerk
55
Regular City
Council
August 8, 2023
Agenda
Number:6.7
To:Dave Callister, City Manager
Prepared by:Abbie Browen, Public Works Operations Manager
Reviewed by:Michael Thompson, Public Works Director
Item:Designate engineer for the Zachary Water Treatment Plant
Enhancements project (WA230001)
1.Action Requested:
Adopt attached resolution designating engineer for the Zachary Water Treatment Plant
Enhancements project (WA230001).
2.Background:
This project is included in the approved 2023-2032 Capital Improvement Plan (CIP) with construction
scheduled for 2024 and 2025. The project includes enhancements to the Zachary Water Treatment
Plant (WTP) to add a plate settler system that will reduce filter backwash settling time, conserve
water, and increase the operational efficiency of the facility. Work will include modifications to the
interior and exterior of the plant to integrate the enhanced process into the existing system. The
project will also include upgrades to the building automation system (BAS) to the citywide standard.
A request for proposal was solicited for engineering services to include preliminary and final design,
bidding, and construction related services. The proposal submitted by Advanced Engineering and
Environmental Services, LLC (AE2S) showed a good understanding of the project, includes a project
team with the experience necessary to deliver the project, and have previously demonstrated they
can successfully complete projects within the city. The total estimated professional services fees for
study through construction phases proposed by AE2S is $799,989. Staff evaluated the cost and
estimated hours included in the proposal and found it reasonable for the scope and complexity of
this project. Therefore, staff recommends designating AE2S as the engineer for this project.
Construction is anticipated to begin in June of 2024 and be completed in late 2025. The majority of
the work will be completed while the facility remains operational to meet the city's water supply
needs.
The city received $2 million in Community Project Funding as part of the Congressionally Directed
Spending program in fiscal year 2023. Approval of the $2 million grant agreement for this project will
be considered at a future meeting, and the total project cost will leverage this amount in addition to
the Water Fund.
3.Budget Impact:
This project is in the approved 2023-2032 CIP for construction in 2024 and 2025 with a total cost
estimated at $3,700,000. This includes $3,500,000 for the project (WA230001) and $200,000 for the
56
Zachary WTP and Central WTP - BAS updates project (FM210015). The estimated engineering services
fee is $799,989 and will be paid from the Water Fund. A total project expense and funding outline
will be provided later this year upon completion of design engineering.
4.Attachments:
Agreement for Engineering Services
City Council Resolution 2023-199
57
196073v1 1
AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made on the ______ day of August 2023, between the CITY
OF PLYMOUTH, a Minnesota municipal corporation (“CITY”), and ADVANCED
ENGINEERING AND ENVIRONMENTAL SERVICES, LLC, a North Dakota corporation
(“ENGINEER”).
The CITY and the ENGINEER agree as follows:
1. Contract Documents. The ENGINEER agrees to provide engineering services to the
CITY in accordance with the following contract documents which are incorporated
herein by reference:
A. This Agreement for Engineering Services.
B. ENGINEER’s Proposal for Professional Services for ZACHARY WATER
TREATMENT PLANT ENHANCEMENTS, submitted on July 28, 2023.
C. ENGINEER’s Current Hourly Fee Schedule.
In the event of conflict among the documents, the conflict shall be resolved in descending
order of priority, with the document listed first having the highest priority and the
document listed last having the lowest priority.
2. Compensation. ENGINEER shall be paid by the CITY on an hourly basis in accordance
with the hourly fee schedule but not to exceed $799,989 inclusive of reimbursable
expenses as reflected in the estimate of cost exhibit in the Zachary Water Treatment Plant
Enhancements Project Proposal. The not to exceed fees shall not be adjusted if the
estimated hours to perform a task, the number of estimated required meetings or any
other estimate or assumption is exceeded.
3. Optional Services. Not applicable.
4. Method of Payment. ENGINEER may request progress payments as the work is
performed. The CITY will normally make payment within thirty-five (35) days of receipt
of a properly itemized bill.
5. Change Orders. All change orders, regardless of amount, must be approved in advance
and in writing by the Plymouth City Council. No payment will be due or made for work
done in advance of such approval.
6. Standard of Care. ENGINEER shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily possessed and exercised by a
professional engineer under similar circumstances. No other warranty, expressed or
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196073v1 2
implied, is included in this Agreement or in any drawing, specification, report, or opinion
produced pursuant to this Agreement. ENGINEER shall be responsible for the accuracy
of the work and shall promptly make necessary revisions or corrections resulting from
errors and omissions on the part of ENGINEER without additional compensation.
7. Subcontractor. ENGINEER shall not enter into subcontracts for services provided
under this Agreement without the express written consent of the CITY, which consent
shall not be unreasonably withheld. The ENGINEER shall pay any subcontractor
involved in the performance of this Agreement within ten (10) days of the ENGINEER’S
receipt of payment by the CITY for undisputed services provided by the subcontractor. If
the ENGINEER fails within that time to pay the subcontractor any undisputed amount for
which the ENGINEER has received payment by the CITY, the ENGINEER shall pay
interest to the subcontractor on the unpaid amount at the rate of 1-1/2 percent per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10. For an unpaid balance of less than $100, the
ENGINEER shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
ENGINEER shall be awarded its costs and disbursements, including attorney’s fees,
incurred in bringing the action.
8. Independent Contractor. The CITY hereby retains the ENGINEER as an independent
contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is
not an employee of the CITY and is free to contract with other entities as provided herein.
ENGINEER shall be responsible for selecting the means and methods of performing the
work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary
for ENGINEER’S performance under this Agreement. CITY and ENGINEER agree that
ENGINEER shall not at any time or in any manner represent that ENGINEER or any of
ENGINEER’S agents or employees are in any manner agents or employees of the CITY.
ENGINEER shall be exclusively responsible under this Agreement for ENGINEER’S own
FICA payments, workers compensation payments, unemployment compensation payments,
withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes
are required to be paid by law or regulation.
9. Non-Discrimination. During the performance of this Agreement, the ENGINEER shall
not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, sexual orientation, marital status, status with
regard to public assistance, disability, or age. The ENGINEER shall post, in places
available to employees and applicants for employment, notices setting forth the
provisions of this non-discrimination clause and stating that all qualified applicants will
receive consideration for employment. The ENGINEER shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
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196073v1 3
10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. Any Assignment in violation of this
provision is null and void.
11. Indemnification. The ENGINEER shall indemnify and hold harmless the CITY, its
officials, agents, and employees, of and from any and all claims, demands, actions,
causes of action, including costs and attorney’s fees, arising out of or by reason of the
execution or performance of the work or services provided for herein, to the extent
caused by the negligent acts, errors or omissions, willful misconduct, or breach of any
substantive provision of this Agreement by the ENGINEER, its officials, agents or
employees in the execution, performance, or failure to adequately perform the
ENGINEER’S obligations pursuant to this Agreement.
12. Insurance.
A. General Liability. During the term of this Agreement, ENGINEER shall maintain
a general liability insurance policy with limits of at least $2,000,000 for each
person, and each occurrence, for both personal injury and property damage. This
policy shall name the CITY as an additional insured for the services provided
under this Agreement and shall provide that the ENGINEER’S coverage shall be
the primary coverage in the event of a loss.
B. Worker’s Compensation. The ENGINEER shall secure and maintain such
insurance as will protect ENGINEER from claims under the Worker’s
Compensation Act and from claims for bodily injury, death, or property damage
which may arise from the performance of ENGINEER’S services under this
Agreement.
C. Professional Liability Insurance. The ENGINEER shall secure and maintain a
professional liability insurance policy. Said policy shall insure payment of
damages for legal liability arising out of the performance of professional services
for the CITY, in the insured’s capacity as ENGINEER, if such legal liability is
caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide
minimum limits of $2,000,000 with a deductible maximum of $125,000. The
policy shall also insure the indemnification obligation contained in Paragraph 10
above.
D. Certificate of Insurance. A certificate of insurance on a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided to
the CITY before work under this Agreement is begun.
13. Records Access. The ENGINEER shall provide the CITY access to any books,
documents, papers, and records which are directly pertinent to the specific contract, for
the purpose of making audits, examinations, excerpts, and transcriptions, for three (3)
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196073v1 4
years after final payments and all other pending matters related to this Agreement are
closed.
14. Minnesota Government Data Practices Act. ENGINEER must comply with the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to
(1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant
to this Agreement. ENGINEER is subject to all the provisions of the Minnesota
Government Data Practices Act, including but not limited to the civil remedies of Minnesota
Statutes Section 13.08, as if it were a government entity. In the event ENGINEER receives
a request to release data, ENGINEER must immediately notify CITY. CITY will give
ENGINEER instructions concerning the release of the data to the requesting party before the
data is released. The terms of this paragraph shall survive the cancellation or termination
of this Agreement.
15. Ownership of Documents. ENGINEER retains ownership and copyright in all plans,
diagrams, analyses, reports, and information (the “Instruments of Service”) generated in
connection with the performance of this Agreement. Upon full payment of amounts due
under this Agreement, ENGINEER shall provide an irrevocable non-exclusive license to
the City to use the Instruments of Service. The CITY may use the Instruments of
Service or related information for its purposes. Any modifications made by the CITY to
any of the ENGINEER’S Instruments of Service without written authorization or
adaptation by the ENGINEER will be at the CITY’S sole risk and without liability to the
ENGINEER. Under no circumstances shall transfer of Instruments of Service be deemed
a sale by ENGINEER.
16. Copyright/Patent. ENGINEER shall defend actions or claims charging infringement of
any copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and it shall hold harmless the CITY from loss or damage
resulting therefrom.
17. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota, without giving effect to the
principles of conflict of laws. All proceedings related to this contract shall be venued in
the Hennepin County District Court.
18. Permits. ENGINEER shall obtain all necessary permits required for completion of
ENGINEER’S services.
19. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between the
parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
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196073v1 5
20. Termination. CITY may terminate this Agreement without cause by written notice
delivered to the ENGINEER. . Upon termination under this provision if there is no fault
of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable
expenses until the effective date of termination. If however, the CITY terminates the
Agreement because the ENGINEER has failed to perform in accordance with this
Agreement, no further payment shall be made to the ENGINEER, and the CITY may
retain another contractor to undertake or complete the work identified in the Contract
Documents. If as a result, the CITY incurs total costs for the work (including payments
to both the present contractor and a future contractor) which exceed the not to exceed
amount specified in the Contract Documents, if any, then the ENGINEER shall be
responsible for the difference between the cost actually incurred and the Agreement
amount.
21. Waiver of Claims for Personal Liability. It is intended by the parties to this Agreement
that ENGINEER’s services shall not subject ENGINEER’S employees, officers or
directors to any personal legal exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the City agrees
that as the CITY’s sole and exclusive remedy, any claim, demand or suit shall be directed
and/or asserted only against ENGINEER, and not against any of ENGINEER’s individual
employees, officers or directors.
CITY OF PLYMOUTH ADVANCED ENGINEERING AND
ENVIRONMENTAL SERVICES, LLC
By: By:
Jeffry Wosje, Mayor
By: Its:
Dave Callister, City Manager
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City of Plymouth
Zachary Water Treatment Plant Enhancements Project
Scope of Services
August 1, 2023
The City of Plymouth owns and operates the Zachary Water Treatment Plant (WTP). The Zachary
WTP is a groundwater conventional filtration plant with a capacity to treat up to 15 million gallons
per day (MGD). Installing a plate settler at this facility was preliminarily assessed as part of a 20-
year capital improvement plan (CIP) study. The initial study determined that installing a plate
settler system at the facility could improve drinking water quality, reduce filter backwash settling
time, and increase the facility’s operational efficiency.
The scope of work outlined below covers the tasks identified to design and administer the
installation of the plate settler(s) and other general HVAC improvements at the Zachary WTP.
Scope of Services
1. Study and Report Phase
a. Background: AE2S will review previously completed studies for the plate settler and
evaluate existing site conditions, work with City staff to collect preliminary -level
design data, and analyze several plate settler location options at the site.
b. AE2S Services:
i. Coordinate, prepare for, and conduct a project team kick-off meeting
attended by City staff and engineers;
ii. Review the 20-year water system CIP study to gain understanding of
previous planning efforts;
iii. Complete an initial site assessment;
iv. Complete a desktop review to identify the need to complete a wetland or
other environmental surveys;
v. Begin coordinating geotechnical exploration with City staff;
vi. Perform boundary and topographic survey of the site, including:
1. Above and underground utility location data, including structure
depths and orientations;
2. Existing buildings/structures; and
3. Trees or significant vegetation (as needed).
vii. Review existing drawings and available data from the City to confirm survey
data;
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viii. Evaluate the feasibility of three (3) locations for the plate settler
installation. Locations include south of filter bank c, north of the detention
tank, and east of the high service pump room;
ix. Identify high-level process design criteria for the plate settler unit(s),
number of units, and desired level of redundancy;
x. Prepare an exhibit depicting the three (3) plate settler locations evaluated
(with pros and cons) and provide a recommendation; and
xi. Hold a one-hour (1 hr) workshop with City staff to review the exhibits and
recommendations.
c. Deliverables:
i. Meeting minutes.
ii. Exhibit depicting plate settler location options and recommendation.
d. Assumptions:
i. Draft exhibits will be provided to City staff for review and comment. A one
(1) week review and comment period is assumed in the schedule. Additional
time can be provided if requested.
ii. Performing the geotechnical evaluations/explorations are not included as
part of this scope.
iii. Study phase deliverables will be provided in electronic format only.
iv. A technical memorandum will not be prepared as part of the study and
report phase.
2. Concept and Preliminary Design Phase
a. Background: Upon acceptance of the preferred plate settler location by City staff,
prepare preliminary plans and specifications for the proposed plate settler
installation and the HVAC improvements.
b. AE2S Services:
i. Process:
1. Perform preliminary level design engineering calculations for the
plate settler installation including design flow, solids loading
rate(s), process piping, and pumping systems;
2. Evaluate the hydraulic profile between plate settler and WTP
processes and establish initial equipment/system elevations;
3. Prepare preliminary layout of the process equipment and piping;
4. Establish naming convention for unit treatment processes, piping
system, valves, panels, etc.;
5. Establish and confirm design parameters for chemical storage and
feed equipment and develop initial layouts for the chemical feed
system;
6. Establish preliminary operation and control philosophy;
7. Prepare initial equipment/motor list for major equipment; and
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8. Prepare an initial process flow diagram of the entire facility with
the plate settler components.
ii. Mechanical:
1. Perform preliminary mechanical calculations for heating, cooling,
and ventilation systems;
2. Generate MP “Basis of Design” criteria document to establish the
basis of design and aid in construction cost estimating;
3. Develop preliminary HVAC loads to establish major equipment
sizes;
4. Evaluate existing Radon level reports provided by the City to
inform Ventilation system design; and
5. Evaluate the existing mechanical infrastructure and perform field
work to confirm existing conditions.
iii. Architectural:
1. Develop one (1) preliminary plan option and one (1) colored
architectural rendering for the selected option building expansion
concept.
iv. Structural:
1. Coordinate with the City to arrange the collection of soil borings
and/or other geotechnical exploration necessary to support the
structural design of the plate settler installation.
2. Establish structural design load criteria;
3. Perform preliminary level design engineering calculations for
foundation and framing members;
4. Review existing building framing systems and determine
capabilities to accommodate future buildings; and
5. Provide preliminary foundation and framing plans; and
6. Preliminary structural design as required for new openings in
existing building for connection and HVAC roof penetrations.
v. Civil:
1. Provide an existing conditions drawing;
2. Provide a preliminary demolition plan;
3. Prepare preliminary site grading;
4. Prepare preliminary utility plans (for any adjustments required);
and
5. Prepare preliminary site stormwater analysis.
vi. Electrical and I&C:
1. Perform preliminary engineering calculations for electrical systems,
including electric service, metering, lighting, heating, cooling,
ventilation, dehumidification, pumping, and general electrical
requirements;
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2. Develop preliminary electrical conduit routing (focused mainly on
HVAC improvements only). Electrical conduit routing for the plate
settler components will be prepared in subsequent design phases;
3. Develop preliminary electrical one-diagrams (focused mainly on
HVAC improvements only). Electrical one-diagrams for the plate
settler components will be prepared in subsequent design phases;
4. Perform preliminary instrumentation and control system
configuration engineering. Coordinate with existing treatment
system instrumentation and controls provider, as appropriate, to
address compatibility issues; and
5. Provide preliminary demolition scoping if applicable.
vii. Prepare preliminary design level cost estimate based on a unit and
equipment take-off basis;
viii. Prepare preliminary design level drawings (plan and profile views only);
ix. Develop a table of contents of the anticipated specification sections;
x. Host a virtual/in-person preliminary design review workshop;
xi. Host a virtual/in-person preliminary design courtesy review workshop
with the Minnesota Department of Health (MDH); and
xii. As needed, attend and participate in meetings with EPA Regional Office’s
as necessary to maintain compliance with terms of the Grant Agreement.
c. Deliverables:
i. Meeting minutes;
ii. 30-percent cost estimate;
iii. 30-percent specifications table of contents; and
iv. 30-percent drawings.
d. Assumptions:
i. Preliminary design phase modeling for the plate settler components will be
completed in REVIT. The entire building structure/shell will be modeled by
the structural and architectural disciplines. Detailed modeling in REVIT will
be limited to the plate settler components and the connection points
between the plate settler components and the existing facility. Treatment
areas not impacted by the plate settler will not be modeled in REVIT.
ii. 2D AutoCAD will be utilized for construction drawing creation for the
design components associated with the HVAC improvements. 2D AutoCAD
drafting will be limited to the treatment areas within the WTP that will be
impacted by the HVAC components. Treatment areas within the facility not
impacted by HVAC components will not be drafted in 2D AutoCAD.
iii. Preliminary design phase deliverables will be provided to City staff for
review and comment. A one (1) week review and comment period is
assumed in the schedule. Additional time can be provided if requested.
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iv. Performing the geotechnical evaluations/explorations are not included as
part of this scope.
v. Concept and preliminary design phase deliverables will be provided in
electronic format only.
vi. Concept and preliminary phase design will only be completed for the
selected plate settler location approved by the City.
vii. 30-percent drawings deliverable will not include any I&C or electrical
design components.
viii. Process and Instrumentation drawings (P&IDs) will not be prepared as
part of the preliminary design phase.
ix. NEPA CATEX Application is approved by EPA.
3. Final Design Phase
a. Background: Upon acceptance of the preliminary engineering deliverables by City
staff, prepare final plans and specifications for the proposed plate settler
installation and the HVAC improvements.
b. AE2S Services:
i. Prepare final plans and specifications to incorporate the plate settler and
HVAC equipment to the existing Zachary WTP facility. Design components
to include:
1. Process:
a. Plate settler unit(s);
b. Prepare final sizing and layouts for process piping,
pumping system components, valves, and appurtenances
to integrate the new plate settler unit(s) with the existing
facility;
c. Perform check of hydraulic calculations for the treatment
and chemical feed systems;
d. Prepare final design of chemical feed system for controlled
dosing of polymer to aid in solids flocculation;
e. Finalize equipment, piping, and valve schedules;
f. Prepare final equipment/motor list for major equipment;
and
g. Prepare final process flow diagram of the entire facility with
the plate settler installation.
2. Mechanical:
a. Design HVAC systems for heating, ventilation and
dehumidification of the plate settler room:
i. Heating is anticipated to consist of hydronic unit
heaters;
ii. Dehumidification will be provided by a stand-alone
desiccant type dehumidifier;
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iii. Ventilation system is anticipated to consist of a
small exhaust fan to maintain negative pressure in
the space to mitigate radon migration to adjacent
spaces.
b. Design HVAC systems for the general HVAC improvements:
i. Replacement of existing HVAC Building Automation
System (BAS) with a new Tridium Niagara-based
system that will be tied into the citywide BAS.
ii. Development of BAS schematics, point list, and
sequence of operations for all new and existing
HVAC equipment. Anticipated HVAC equipment is as
follows:
1. Qty (3) Dehumidifiers
2. Qty (2) Air Handling Units
3. Qty (2) Rooftop Units
4. Qty (3) Boilers
5. Qty (1) Fluid Cooler
6. Qty (14) Pumps
7. Qty (1) Heat Exchanger
iii. Demolition of the three (3) existing water-to-water
heat pumps;
iv. Demolition of the three (3) existing water-to-air
heat pumps and replacement with new rooftop
unit(s); and
v. Demolition of the process water heat exchanger.
c. Plumbing systems will generally consist of roof drains, floor
drains, waste, and vent systems for all the moist areas.
Water distribution systems will consist of hose bibbs and a
utility sink. Development of a building controls system
including schematics, point list, sequence of operations,
and specification of devices and instruments for all new
Mechanical equipment.
3. Architectural:
a. Interior and exterior architecture (including wall
construction, roofing system, and exterior/ interior finishes)
to match the existing Zachary WTP architectural design.
The scope of work will also include building components
within the existing building as required to complete the
final process design.
4. Structural:
a. Structural design of the foundation system;
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b. Structural design of the above grade framing systems;
c. Structural connection to the existing building;
d. Structural support systems;
e. Selective demolition of existing building framing elements
to facilitate the plate settler installation;
f. Existing building framing design for elements facilitating
the plate settler installation;
g. Design structural framing for support of new HVAC
equipment; and
h. Design structural framing modifications to existing building
to support new wall and roof openings in existing building.
5. Civil:
a. Selective demolition and salvage of existing building
components, yard piping, etc. to facilitate plate settler
installation;
b. Site improvements and restoration as necessary to
accommodate installation of the plate settler and yard
piping;
c. Water resources systems as required to comply with storm
water requirements;
d. Modifications to access road and parking lot to
accommodate the plate settler installation; and
e. Site restoration plans.
6. Electrical and I&C:
a. Electrical and control system improvements to power,
monitor, and control operation of the plate settler
equipment and building expansion;
b. General power, lighting, and site security for the building
expansion;
c. Design life safety systems including fire alarm, emergency
lighting, and gas detection systems as required by code;
d. Develop project specifications;
e. Design of electrical service, power distribution, and
grounding systems related to the HVAC equipment that
will be replaced, added, and/or modified;
f. Provide finalized one-lines diagrams, network diagrams,
I/O Schedules, circuiting schedules, schematics, demolition
drawings, site plans, and standard details; and
g. Final coordination with the City’s integrator.
7. Funding Assistance:
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a. Provide all services necessary to comply with EPA grant
through the design process; and
b. As needed, attend and participate in meetings with EPA
Regional Office’s as necessary to maintain compliance with
terms of the Grant Agreement.
ii. Prepare and coordinate final plans and specifications with all engineering
disciplines;
iii. Estimate final construction and project costs;
iv. Assist City staff in obtaining approval of the plans and specifications by
the MDH;
v. Submit final plans and specifications to City Council for approval and
authorization to advertise bids; and
vi. Provide progress and design review meetings (maximum of three (3)) as
required to update City staff during the final design process to address
any outstanding issues, coordinate plan and specification reviews, and
review the project schedule. Progress meetings may be virtual.
c. Deliverables:
i. Final plans and specifications;
ii. Final opinion of probable cost;
iii. Meeting minutes; and
iv. Approval letter for plans and specifications from MDH.
d. Assumptions:
i. Final design phase modeling for the plate settler components will be
completed in REVIT. The entire building structure/shell will be modeled by
the structural and architectural disciplines. Detailed modeling in REVIT will
be limited to the plate settler components and the connection points
between the plate settler components and the existing facility. Treatment
areas not impacted by the plate settler will not be modeled in REVIT.
ii. 2D AutoCAD will be utilized for construction drawing creation for the
design components associated with the HVAC improvements. 2D AutoCAD
drafting will be limited to the treatment areas within the WTP that will be
impacted by the HVAC components. Treatment areas within the facility not
impacted by HVAC components will not be drafted in 2D AutoCAD.
iii. Draft plans and specifications will be provided to City for review and
comment. A one (1) week review and comment period is assumed in the
schedule for the 60-percent and final review submittals. Additional time can
be provided if requested.
iv. Final plans and specifications will be provided in electronic format only.
v. Pre-procurement of equipment is not included as part of this scope.
vi. Final phase design will only be completed for the selected plate settler
location approved by the City.
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vii. Process and Instrumentation drawings (P&IDs) will not be prepared as
part of the preliminary design phase.
viii. Attending a City Council meeting is not necessary to approve plans and
specifications.
ix. The cost to submit MDH permit is included as part of this scope. Any
other permit fees needed will be paid by the City.
x. NEPA CATEX Application is approved by EPA.
4. Bidding Phase
a. Background: Coordination and management of bidders is a crucial component of
every project to ensure accurate and competitive bids are prepared. The
following services are proposed for this phase.
b. AE2S Services:
i. Attend one (1) pre-bid meeting;
ii. Prepare one (1) bid package;
iii. Prepare and publish advertisement for bids in accordance with applicable
State laws pertaining to competitive bids;
iv. Administer advertisements for bids on QuestCDN;
v. Receive and respond to questions from plan holders;
vi. Issue bid addenda as needed;
vii. Host a virtual bid opening;
viii. Check bids for errors and omissions;
ix. Tabulate all bids and provide tabulation to the City;
x. Provide a letter of recommendation for awarding the bid;
xi. Provide all services necessary to comply with EPA grant through the
bidding process; and
xii. As needed, attend and participate in meetings with EPA Regional Office’s
as necessary to maintain compliance with terms of the Grant Agreement.
c. Deliverables:
i. Meeting minutes;
ii. Revised final plans and specifications with addenda;
iii. Bid tabulation; and
iv. Letter of recommendation for awarding the bid.
d. Assumptions:
i. A letter of recommendation for awarding the bid will be provided to City
staff for review and comment.
ii. Pre-procurement of equipment is not included as part of this scope.
iii. Final plans and specifications with addenda will be provided in electronic
format only.
iv. This scope of work includes issuing only two (2) addendums.
v. A hard copy of the final construction contract documents will be provided
to the City.
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5. Construction Phase
a. Background: AE2S and its subconsultants will administer construction activities to
ensure the direction given in the final plans and specifications are followed by the
selected bidder through construction.
b. AE2S Services:
i. Prepare and execute contract documents;
ii. Prepare and issue Notice of Award;
iii. Prepare and issue Notice to Proceed;
iv. Schedule and manage pre-construction conference;
v. Review shop drawings and other submittals and communicate required
revisions in writing in a timely manner;
vi. Provide initial construction phase surveying (this will be limited to
construction staking of the project control points to get the Contractor
started);
vii. Revise plans as needed during construction;
viii. Solicit proposals from third party agencies, on behalf of the City, for
conducting special inspections and material testing in accordance with
local building codes;
ix. Provide clarifications to construction documents for contractors and
respond in writing to RFI’s submitted by contractors;
x.
xi. Develop specifications that ensure that the planning, direction, and
monitoring of special inspections (to test concrete, steel, welds, etc.) is
performed in accordance with local building codes and the City’s
preferences;
xii. Coordinate and attend regular construction meetings with appropriate
staff. These meetings might be as often as by-weekly (every other week)
and may be less frequent when there is less activity on the site. Many of
the meetings will be on site. Some may be virtual;
xiii. Provide part-time on-site construction observation when construction is
occurring at the site; except for times agreed to by Owner when activities
at the site are minimal and deemed not to necessitate on-site
management. Part-time on-site constriction observation will consist of the
following:
1. On-site construction observation for an average of ten (10) hours
per week during a twelve (12) month construction timeline.
xiv. Maintain construction records (reports and photos) throughout
construction;
xv. Assist City staff with processing partial and final payment applications;
xvi. Funding Assistance:
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1. As needed, attend and participate in meetings with EPA Regional
Office’s as necessary to maintain compliance with terms of the
Grant Agreement;
2. Coordinate submittals of reports, invoices, and supporting
documentation to EPA, which includes reporting requirements
such as filing an interim (annual) Federal Financial Report (FFR),
annual MBE/WBE Reporting, and progress report submissions; and
3. Communicate and manage interactions during EPA’s Project
Monitoring and Oversight.
xvii. Perform substantial and final inspection and develop/manage punch list
for required corrective work;
xviii. Complete as-builts survey work;
xix. Collect O&M Manuals;
xx. Prepare and submit record drawings in an approved electronic format
within four (4) months of construction completion; and
c. Deliverables:
i. Contract Documents;
ii. Notice of Award;
iii. Notice of Proceed;
iv. Revised shop drawings and submittals;
v. Construction reports and photos;
vi. Meeting minutes;
vii. O&M Manuals;
viii. Partial and final payment applications; and
ix. Electronic copy record drawings.
x. Federal Financial Report (FFR).
xi. MBE/WBE Reports.
xii. EPA Progress Report Submissions.
d. Assumptions:
i. Additional construction administration site visits or scope of work beyond
the base construction administration will be considered additional
services on a Time and Materials basis.
ii. Scope of services includes two (2) shop drawing reviews. Additional
reviews can be provided as an additional service.
iii. Scope of services includes one (1) final site review. Any request for
additional reviews for phased completion or multiple areas can be
provided as an additional scope service.
iv. Special inspections and materials testing services are not included as part
of this scope.
v. Record drawings will be provided in electronic format only.
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vi. AE2S shall not at any time supervise, direct, control, or have authority over
any contractor’s work, nor shall AE2S have authority over or be responsible
for the means, methods, techniques, sequences, or procedures of
construction selected or used by any contractor, or the safety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor’s furnishing and performing of its work. AE2S
neither guarantees the performance of any contractor nor assumes
responsibility for any contractor’s failure to furnish and perform its work in
accordance with the contract between the City of Plymouth and such
contractor. AE2S shall not be responsible for the acts or omissions of any
contractor, subcontractor, or supplier, or of any of their agents or
employees or of any other persons (except AE2S’s own employees) at a
project site or otherwise furnishing or performing any construction work;
or for any decision made regarding the construction contract requirements,
or any application, interpretation, or clarification of the construction
contract other than those made by AE2S.
vii. NEPA CATEX Application is approved by EPA.
6. Post-Construction Phase
a. Background: Proper start-up and optimization of new process equipment is
paramount to seamless integration with existing treatment processes. The
following services are proposed for this phase.
b. AE2S Services:
i. Coordinate jar testing with the plate settler manufacturer and the City’s
chemical supplier to identify the most effective polymer product and
dosage;
ii. Coordinate plate settler startup with City staff and document all plant
startup operations including pump optimization, polymer feed rates,
HVAC operations, SCADA integration and operations, etc.;
iii. Coordinate general HVAC equipment startup;
iv. Coordinate training for City staff for all aspects of the operation of the
plate settler equipment;
v. Perform a 1-year warranty walkthrough of the plate settler components
(mechanical components are excluded from this walkthrough) and HVAC
systems; and
vi. Closeout of EPA grant including the development and/or submittal of all
applicable or required reports and forms, including but not limited the Final
Federal Financial Report (SF-425), Final Technical Report, Minority / Women
Business Enterprise Utilization Report, Property Report (SF-428), Indirect
Cost Rate Agreement, and any relevant coordination and meetings with
EPA officials.
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c. Deliverables:
i. Polymer jar testing results.
ii. Startup records.
iii. EPA Closeout
1. Final Federal Financial Report (SF-425).
2. Final Technical Report, Minority / Women Business Enterprise
Utilization Report, Property Report (SF-428).
3. Indirect Cost Rate Agreement.
d. Assumptions:
i. Jar testing to be completed by the manufacturer or single source supplier
of the plate settler equipment; and
ii. Start-up and training to be completed by the manufacturer or single
source supplier of the plate settler equipment and HVAC equipment.
Fees
The total compensation for the services listed above is estimated to be $799,989 not-to-exceed
based on the following estimated distribution of compensation:
Category of Services Compensation
Method Compensation for Services
Study and Report Phase
Concept and Preliminary Design Phase
Final Design Phase
Bidding Phase
Construction Phase
Post-Construction Phase
Standard Hourly Rates
Standard Hourly Rates
Standard Hourly Rates
Standard Hourly Rates
Standard Hourly Rates
Standard Hourly Rates
$34,785
$103,359
$306,389
$41,428
$302,734
$11,294
Performance Schedule
The anticipated schedule to render the services listed above is as follows:
Phase Completion Date
Project Authorization
Study and Report Phase
Preliminary Design Phase
Final Design Phase
August 2023
August 2023 – September 2023
September 2023 – October 2023
November 2024 – February 2024
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City Bidding Authorization
Bidding Phase
Construction Phase
Post-Construction Phase
March 2024
April 2024 – May 2024
July 2024 – July 2025
August 2025 – August 2026
Consultants
1. Architectural Consultant
Thomas Stromsodt, AIA
Oertel Architects, Ltd.
1795 St. Clair Avenue
St. Paul, MN 55105
2. Mechanical Consultant
Zachary Thompson, PE
Karges-Faulconbridge, Inc.
670 County Road B West
St. Paul, MN 55113
3. Survey Consultant
Dave Lyons, LSIT
Alliant Engineering, Inc.
733 S Marquette Ave, Unit 700
Minneapolis, MN 55402
76
Date: August 1st, 2023
Puga, PE Vollmer, PE Julson, PE Deboer, PhD, PE Staff Leppala Reynolds Landrus, PE Staff Staff Wahler, PE Staff Staff Pittman Staff Geiger, PE Staff Staff Klabo, PE Schneider Schultz Ritz Staff
PM Process QAQC Process Lead Tech Exp Process Staff Sr. Process Tech.Process Tech.Civil Lead Civil Staff Civil Tech.Electrical Lead Electrical Staff Electrical Tech.I&C Lead I&C Staff Structural Lead Structural Staff Structural Tech.Water Rec., Lead Funding Specialist Permitting Specialist Funding Specialist Admin
2023 Billing Rate 190$ 254$ 220$ 199$ 135$ 198$ 105$ 190$ 135$ 125$ 235$ 190$ 178$ 220$ 190$ 220$ 190$ 178$ 235$ 230$ 145$ 153$ 145$
2024 Billing Rate (assumed rate 5% increase)200$ 267$ 231$ 209$ 142$ 208$ 110$ 200$ 142$ 131$ 247$ 200$ 187$ 231$ 200$ 231$ 200$ 187$ 247$ 242$ 152$ 161$ 152$
2025 Billing Rate (assumed rate 5% increase)210$ 280$ 243$ 219$ 149$ 218$ 116$ 210$ 149$ 138$ 259$ 210$ 196$ 243$ 210$ 243$ 210$ 196$ 259$ 254$ 160$ 169$ 160$
2026 Billing Rate (assumed rate 5% increase)221$ 294$ 255$ 230$ 156$ 229$ 122$ 221$ 156$ 145$ 272$ 221$ 206$ 255$ 221$ 255$ 221$ 206$ 272$ 267$ 168$ 177$ 168$
Study and Report Phase (2023 Billing Rate Schedule)27 3 28 0 14 20 0 8 12 0 0 2 0 0 0 5 4 0 0 0 0 0 2 125 $23,572 $100 $23,672
Project Management and Coordination between Disciplines 6 6 $1,140 $1,140
Kickoff Meeting (2Hrs) and Meeting Prep.4 2 2 2 2 2 14 $2,796 $2,796
Review of Previous Studies and Data 1 1 2 $410 $410
Site Assessment and Boundary Topographic Survey 5 4 1 2 12 $1,950 $1,950
Wetland/Environmental Survey Desktop Review 1 1 $135 $135
Study-Level Engineering Design and QA/QC 6 3 22 6 18 4 7 3 4 73 $14,241 $100 $14,341
Exhibit Development 2 2 4 1 2 2 13 $2,110 $2,110
Review Workshop (1Hrs) and Meeting Prep.3 1 4 $790 $790
Preliminary Design Phase (2023 Billing Rate Schedule)55 4 20 0 44 38 0 13 28 24 32 38 25 14 8 10 44 48 2 0 0 0 0 447 $81,944 $100 $82,044
Project Management and Coordination between Disciplines 22 8 6 36 $7,200 $7,200
30-Percent Engineering Design and QA/QC 12 4 8 18 4 8 14 12 12 2 4 12 2 112 $21,102 $100 $21,202
30-Percent Cost Estimate 3 2 4 1 4 2 4 2 2 4 28 $5,150 $5,150
30-Percent Specifications 4 2 6 2 8 2 5 2 2 4 37 $6,530 $6,530
30-Percent Drawings 4 8 16 25 4 8 24 4 11 13 8 8 24 48 205 $36,198 $36,198
2D CAD Drawing Coordination and Support for Disciplines 1 10 11 $2,170 $2,170
MDH 30-Percent Courtesy Review Meeting (1Hr) and Coordination 4 1 5 $958 $958
Preliminary Design Phase Workshop (2Hrs) and Meeting Prep.5 2 2 2 2 13 $2,636 $2,636
Final Design Phase (2023 and 2024 Billing Rate Schedule)110 8 48 0 78 5 126 17 46 56 40 193 138 20 40 20 62 110 4 2 4 10 18 1155 $204,961 $450 $205,411
Project Management and Coordination between Disciplines 43 4 4 51 $9,870 $9,870
Funding Assistance 2 2 4 10 18 $2,950 $2,950
30%-100% Engineering Design and QA/QC 16 8 20 30 4 16 20 16 16 12 50 208 $40,788 $200 $40,988
60-Percent Drawings 4 8 15 60 4 8 40 2 81 62 8 20 70 2 384 $63,071 $63,071
60-Percent Design Phase Workshop (2Hrs) and Meeting Prep.5 2 2 9 $1,770 $1,770
Final Cost Estimate 6 2 6 1 6 2 2 2 2 4 33 $6,184 $6,184
Final Specifications 17 8 15 1 8 2 8 2 2 8 16 87 $15,764 $15,764
Final Drawings 4 6 12 60 4 8 16 8 80 60 8 20 40 2 328 $57,540 $57,540
2D CAD Drawing Coordination and Support for Disciplines 1 5 6 $1,180 $1,180
MDH Coordination and Plan Review 6 2 2 10 $1,724 $250 $1,974
Final Design Workshops (2Hrs Each - 2 Workshops Total) and Meeting Prep.6 4 4 3 2 2 21 $4,120 $4,120
Bidding Phase (2024 Billing Rate Schedule)41 0 17 0 26 0 2 4 0 0 5 8 5 2 0 4 8 8 0 4 8 10 28 180 $33,141 $0 $33,141
Coordinating with Contractors and Answering Questions 10 8 12 2 2 3 3 2 2 4 48 $9,237 $9,237
Addendums, Clarifications, and Document Management 10 8 12 2 1 4 5 2 4 8 16 72 $13,124 $13,124
Funding Assistance 10 4 8 10 32 $5,794 $5,794
Publishing Advertisement for Bids 2 2 $304 $304
Pre-Bid Meeting 4 2 6 $1,084 $1,084
Virtual Bid Opening and Preparation 4 2 6 $1,104 $1,104
Evaluate Bids and Recommend Award 3 1 1 1 8 14 $2,494 $2,494
Construction Phase (2024 and 2025 Billing Rate Schedules)174 0 91 0 679 0 15 15 44 0 38 105 10 22 37 9 100 6 0 16 8 48 9 1426 $251,060 $1,060 $252,120
Prepare and Execute Contract Documents, Notice of Award, and Notice of Proceed 2 5 7 $1,160 $260 $1,420
Funding Assistance 26 60 16 8 48 158 $26,536 $26,536
Pre-construction Conference (2Hrs) and Meeting Prep.5 5 $1,000 $1,000
Construction Meetings (1Hr duration each, as frequent as by-weekly) and Meeting Prep.50 15 35 8 10 8 1 8 135 $26,714 $26,714
Procure Material Testing Services 2 2 2 6 $1,084 $1,084
Shop Drawing and Submittal Review 12 20 20 10 30 8 15 4 38 157 $31,702 $31,702
Change Orders & RFIs 4 10 20 6 14 8 8 4 8 82 $17,020 $17,020
Review Construction Schedules 2 2 $400 $400
Processing Partial and Final Pay Applications 8 8 $1,680 $1,680
Part-Time Construction Observation/Admin (2024 Construction Season)20 20 300 10 16 366 $56,420 $400 $56,820
Part-Time Construction Observation/Admin (2025 Construction Season)20 20 240 4 20 10 16 330 $54,100 $400 $54,500
Construction Staking and Coordination 2 2 $400 $400
As-Built Survey Work and Coordination 2 1 8 11 $1,822 $1,822
Substantial Completion Punchlist 3 1 4 2 14 2 26 $5,413 $5,413
Final Completion Review and Walkthrough 6 4 8 2 8 28 $6,094 $6,094
Record Drawings 2 2 15 2 8 2 4 10 4 6 55 $9,592 $9,592
O&M Manuals 2 2 2 15 2 14 37 $7,780 $7,780
Project Close-Out 6 1 4 11 $2,143 $2,143
Post-Construction Phase (2025 and 2026 Billing Rate Schedules)8 0 0 15 15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 38 $7,222 $0 $7,222
Start-Up and Optimization Services 6 15 15 36 $6,780 $6,780
1-Year Warranty Inspection 2 2 $442 $442
Estimated Subtotal Hours for AE2S Staff 415 15 204 15 856 63 143 57 130 80 115 346 178 58 85 48 218 172 6 22 20 68 57 3,371
Estimated Labor and Expenses for AE2S Staff 82,530$ 3,893$ 47,004$ 3,285$ 123,085$ 12,474$ 15,520$ 11,260$ 18,410$ 10,096$ 28,189$ 68,516$ 32,564$ 13,324$ 16,940$ 10,930$ 43,428$ 31,156$ 1,434$ 5,300$ 3,012$ 10,868$ 8,682$ $601,900 $1,710
Puga, PE Vollmer, PE Julson, PE Deboer, PhD, PE Staff Leppala Reynolds Landrus, PE Staff Staff Wahler, PE Staff Staff Pittman Staff Geiger, PE Staff Staff Klabo, PE Schneider Schultz Ritz Staff $603,610
$81,201
$101,640
$13,539
$799,989
Expenses Total
Zachary Water Treatment Plant Enhancements
Project Estimated Fee Subtotal
Hours Labor
AE2S Base Fee
Architectural Subconsultant Fee
Mechanical Subconsultant Fee
Surveying Subconsultant Fee
Total AE2S Fee
77
Date: August 1st, 2023
Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 5 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4
City Council Meeting Scope and Fee Approval
Study and Report Phase
Design Kickoff Meeting
Preliminary Request For Information
Coordinate Geotechnical Exploration
Review Previous Studies
Initial Site Assessment
Site Survey
Study and Report Phase Engineering
Internal QA/QC
Study and Report Phase City Review
Study and Report Phase Workshop
Preliminary Design Phase
Geotechnical Exploration(1)
Preliminary Design Engineering
30-Percent Cost Estimate
30-Percent Specifications
30-Percent Drawings
Internal QA/QC
City Staff 30-Percent Submittal Review
MDH Courtesy Review Workshop
Preliminary Design Phase Workshop
Final Design Phase
60-Percent Design Engineering
60-Percent Drawings
60% Internal QA/QC
City Staff 60-percent Drawing Review
60-Percent Workshop
Final Design Engineering
Final Drawings
Final Specifications
Final Cost Estimate
Final Internal QA/QC
City Staff Final Drawing and Specification Review
Final Design Phase Workshop
Final Design Phase Edits
MDH Review
Submit Final Plans and Specifications to City Council
City Council Approval
Bidding Phase
Publish Advertisement for Bids
Receive and Respond to Questions From Plan Holders
Bid Opening
Letter of Recommendation
(1) Service not included as part of this scope
Workshop/Meeting
Engineering Tasks
City/Agency Review Period
City Council Approval
Zachary Water Treatment Plant Enhancements
Project Design and Bidding Schedule
Aug-23 Sep-23 Oct-23 Nov-23 Apr-24 May-24Dec-23 Jan-24 Feb-24 Mar-24
78
CITY OF PLYMOUTH
RESOLUTION NO. 2023-199
RESOLUTION DESIGNATING CONSULTING ENGINEER FOR
PRELIMINARY AND FINAL DESIGN ENGINEERING AND CONSTRUCTION ENGINEERING FOR THE
ZACHARY WATER TREATMENT PLANT ENHANCEMENTS (WA230001)
WHEREAS, the Zachary Water Treatment Plant (WTP) Enhancements project is listed in the
approved 2023-2032 Capital Improvement Plan; and
WHEREAS, the project includes enhancements to the Zachary WTP to add a plate settler system
that will increase the facility’s operational efficiency and upgrades to the building automation system to
match city standards; and
WHEREAS, a proposal was received and evaluated by city staff; and
WHEREAS, staff recommends Advanced Engineering and Environmental Services, LLC, be
designated as the consulting engineer for this project.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat Advanced Engineering and Environmental Services, LLC, is designated as the city’s
consulting engineer for the said project in the amount of $799,989, and the mayor and city manager are
hereby authorized to sign the professional services agreement.
BE IT FURTHER RESOLVED, that funding for these services shall be from the Water Fund.
APPROVED by the City Council on this 8th day of August, 2023.
79
Regular City
Council
August 8, 2023
Agenda
Number:6.8
To:Dave Callister, City Manager
Prepared by:Lori Sommers, Senior Planner
Reviewed by:Grant Fernelius, Community and Economic Development
Director
Item:Authorize the submission of a Metropolitan Council Grant
application (North of Highway 55, south of 10th Avenue, east of
South Shore Drive, and west of Revere Lane - PID
36-118-22-24-0089) for Dietrich Development, LLC
1.Action Requested:
Adopt the attached resolution authorizing the submission of Metropolitan Council: Livable
Communities Demonstration Account Funding (LCDA) Grant applications for the site located at North
of Highway 55, south of 10th Avenue, east of South Shore Drive, and west of Revere Lane (PID
36-118-22-24-0089).
2.Background:
In March 2023, the City Council held a study session on the pre-application sketch review for a
mixed-use development on the site. The council provided initial thoughts and possible changes for
the project. The anticipated project includes a six-story apartment building, totaling 330 units, with
604 parking spaces, 12 townhomes, and roadway connections to 10th and 6th Avenues.
Dietrich Development, LLC development financing includes applying for this grant to help create
affordable housing, installation of a public plaza, trail, and roadway improvements. The developer is
proposing to apply for the following grant and is requesting a resolution of support:
- Metropolitan Council: Livable Communities Demonstration Account Funding (LCDA) = $1,250,000.00
The developer is requesting grant funding to help cover the cost of the following:
- Creation of 66 units of affordable housing at 50% annual median income (AMI)
- Creation of a public plaza connected to retail that contains seating and public art
- Street connections
- Regional trail connection
The submission of this application does not commit the city to approving the overall project. Rather,
it is one of the many required steps needed to keep the project moving forward. Staff anticipates
that the project will be further refined based on additional review by staff, the Planning
Commission, and the City Council.
80
Applications to the LCDA program are considered routine in nature. Most recently, the city applied
for similar grants with the Dundee Nursery redevelopment project (Parkera), Element Apartments,
and Four Seasons.
3.Budget Impact:
N/A
4.Attachments:
City Council Resolution 2023-200
81
CITY OF PLYMOUTH
RESOLUTION NO. 2023-200
RESOLUTION IDENTIFYING THE NEED FOR
LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING
AND AUTHORIZING APPLICATION FOR GRANT FUNDS
WHEREAS, the City of Plymouth is a participant in the Livable Communities Act’s Local Housing
Incentives Account Program for 2023, as determined by the Metropolitan Council, and is therefore eligible to
apply for Livable Communities Demonstration Account funds; and
WHEREAS, the city has identified a proposed project within the city that meets the Demonstration
Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable
Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and
WHEREAS, the city has the institutional, managerial, and financial capability to ensure adequate project
administration; and
WHEREAS, the city certifies that it will comply with all applicable laws and regulations as stated in the
grant agreement; and
WHEREAS, the city agrees to act as legal sponsor for the project contained in the grant application; and
WHEREAS, the city acknowledges Livable Communities Demonstration Account grants are intended to
fund projects or project components that can serve as models, examples or prototypes for development or
redevelopment projects elsewhere in the region, and therefore represents that the proposed projector key
components of the proposed project can be replicated in other metropolitan-area communities; and
WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council’s
Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has
determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur
without the availability of Demonstration Account grant funding; and
WHEREAS, after appropriate examination and due consideration, the governing body of the city:
1. Finds that it is in the best interests of the city’s development goals and priorities for the proposed
project to occur at this site and at this particular time.
2. Finds that the project components for which Livable Communities Demonstration Account funding is
sought:
a. Will not occur solely through private or other public investment within the reasonably
foreseeable future; and
b. Will occur within three years after a grant award only if Livable Communities Demonstration
Account funding is made available for this project at this time.
3. Represents that the city has undertaken reasonable and good faith efforts to procure funding for the
project components for which Livable Communities Demonstration Account funding is sought but
was not able to find or secure from other sources funding that is necessary for project component
82
Resolution 2023-200
Page 2
completion within three years and states that this representation is based on the following reasons
and supporting facts:
Project Name Amount Requested
Highway 55 Apartments -Plymouth $1,250,000.00
4. Authorizes its City Manager to submit the grant application on behalf of the city for Metropolitan
Council Livable Communities Demonstration Account grant funds for the project identified in the
application, and to execute such agreements as may be necessary to implement the project on
behalf of the city.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTA that the Highway 55 Apartments – Plymouths grant application is approved.
APPROVED by the City Council on this 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I
compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 8, 2023, with the
original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
___________________, _________.
__________________________________
City Clerk
83
Regular City
Council
August 8, 2023
Agenda
Number:6.9
To:Dave Callister, City Manager
Prepared by:Amy Hanson, Fleet and Facilities Manager
Reviewed by:Michael Thompson, Public Works Director
Item:Approve purchase of fire engine
1.Action Requested:
Adopt attached resolution approving purchase of fire engine to support fire services.
2.Background:
The 2023-2032 Capital Improvement Plan (CIP) includes the purchase of one new fire engine, which
will replace existing engine E-31. The new engine is included in the proposed amendments to the
2023-2032 CIP, which will be presented to council later this year. In addition to fire calls, the Fire
Department utilizes engines for responding to medical incidents, electrical wires down, traffic
control assistance, smoke detector alerts, etc. The existing unit proposed to be replaced will be sent
to auction in 2025 upon delivery of the new fire engine.
3.Budget Impact:
The total cost of the equipment replacement is $1,029,194 and would be purchased via the
Cooperative Purchasing Program (HGAC) Contract No. FS19ZC07 and Rosenbauer Minnesota, LLC,
Contract No. FS12-19. Based on paying for the vehicle upon arrival, with the deduct as shown below,
the total expense of the engine is $1,010,844. Funding would be from the Central Equipment Fund,
which is comprised of allocations collected from departments and other funding sources such as
public safety aid for qualifying equipment.
Below is a summary of the costs:
- Rosenbauer engine: $1,029,194
- Deduct if chassis is paid on arrival in the amount of ($477,843.00): -$18,350
- Total expense with deduct: $1,010,844
4.Attachments:
Engine Proposal
Engine Detail
Draft Resolution - item tabled until Aug 22
84
Purchaser: Contract #
Address 1: Supplier:
Address 2: Address 1:
City, State, Zip: Address 2:
City, State, Zip:
Quantity
The amount in this proposal shall remain firm for a period of 30 days from the date of same.
$1,029,194.001
Price (Extended)PriceDescription
One (1) Rosenbauer Pumper, complete with Rosenbauer Commander chassis per
attached specifications.
PURCHASE ORDER
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
SUPPLIER
FS12-19 For Years 2019-2023
Purchaser
Rosenbauer Minnesota, LLC
5180 260th Street
Print Name:
Note: HGAC administration fee included in price
Steven Haris
City of Plymouth
TOTAL $1,029,194.00
*Note: If chassis amount of $477,843.00 is paid upon arrival at our plant in Minnesota, deduct $18,350.00 each
Wyoming, MN 55092
PO Box 549
Date:7/24/2023
Purchase Order Number:
Delivery in Calendar Days, after
approved production ready specifications are
released:660
HGAC Product Code FS19ZC07
$1,029,194.00
NOTES:
Salesperson:
Signature:
Purchaser:
General Safety Fire Apparatus
Title:
Date
Signature:
Rosenbauer Dealer :
85
Change Window #1
RBM Chassis 0-60 days
RBA Aerial 0-60 days
Rosenbauer Body 0-60 days
Change Window #2
RBM Chassis 61-75 days
RBA Aerial 61-75 days
Rosenbauer Body 61-120 days
Change Window #3
RBM Chassis 76-120 days
RBA Aerial 76-120 days
Rosenbauer Body 121-180 days
Change Window #4
RBM Chassis After 120 days
RBA Aerial After 120 days
Rosenbauer Body After 180 days
*Note: Any late change orders that are factory driven will be done at cost and no additional mark up or penalties will apply.
BUYER INITIALS:
Changes are not recommended at this time. Any changes requested will be priced on a time and material basis, as well as a $500.00 change order processing fee. Any
changes requested, and that are quoted to the customer, must be approved by the customer within three days or they will not be valid.
All changes are subject to a 25% mark-up, as well as a $250.00 change order processing fee. All changes are subject to factory review and may be denied due to engineering
or lead time issues.
All changes are subject to a 50% mark-up, and 50% restocking fee on deleted items, as well as a $250.00 change order processing fee. All changes are subject to factory
review and may be denied due to engineering or lead time issues. No major components can be changed at this time; major components are considered engine, transmission,
axles, suspension, cab, frame (wheelbase), seats, water pump and water tank.
This change order policy is intended to reflect the increased cost of changes which result in delayed deliveries, confused paperwork, poor production flow and increased potential of
trucks being built to incorrect specifications. With your cooperation, changes can be kept to a minimum which means we will be able to reduce lead times, increase production and
maintain costs which will benefit all of us.
Our objective is accurate, high quality and on-time deliveries exceeding our customer expectations.
Changes any time after the order is received may delay the quoted delivery date. Significate design or component changes will have the largest impact on the schedule and quoted
delivery date. Changes that occur later in the process will also have the largest impact on the schedule and quoted delivery date.
All time fences are reference to contract execution date if not otherwise stated.
APPENDIX C
CHANGE ORDER POLICY
All changes will be priced at standard pricing and specials will be priced through our normal process. Significant changes made to the vehicle during this time period may result
in a delivery extension.
86
CITY OF PLYMOUTH
RESOLUTION NO. 2023-
RESOLUTION APPROVING PURCHASE OF FIRE ENGINE
TO SUPPORT FIRE SERVICES
WHEREAS, the 2023-2032Capital Improvement Plan (CIP) and 2023 budget include the purchase
of one fire engine for fire services; and
WHEREAS, propose amendments to the 2023-2032 CIP include adjustment to the replacement
year of existing Engine E-31; and
WHEREAS, the city may make purchases off of cooperative purchasing contract (HGAC); and
WHEREAS, HGAC, has a contract for engine and related accessories, product code no. FS19ZC07;
and
WHEREAS, the city may make purchases off of state contracts; and
WHEREAS, Rosenbauer Minnesota, LLC, has a contract with the State of Minnesota for engine
and related accessories meeting the city’s specifications, State Contract No. FS12-19; and
WHEREAS, the disposal of the existing asset, fire engine (E-31), shall be through auction
anticipated in 2025, after delivery of the completed new fire engine.
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the purchase of one D00067-01 model engine and related fire services attachments
from Rosenbauer Minnesota, LLC is approved.
BE IT FURTHER RESOLVED, the amount due to Rosenbauer Minnesota, LLC for one engine
complete with chassis and attachments is $1,029,194(no sales tax is due); and a deduct of $18,350 from
this amount is realized upon payment for the chassis upon arrival; and
BE IT FURTHER RESOLVED that funding would be from Central Equipment Fund 600-70-760-
76001-8100.500 in the amount of $1,010,844.
APPROVED by the City Council on this 8th day of August 2023.
87
Regular City
Council
August 8, 2023
Agenda
Number:6.10
To:Dave Callister, City Manager
Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer
Reviewed by:Michael Thompson, Public Works Director
Item:Approve cooperative agreement with Bassett Creek Watershed
Management Commission for the Four Seasons Water Quality
Improvements (WR220004)
1.Action Requested:
Adopt attached resolution approving cooperative agreement with Bassett Creek Watershed
Management Commission for the Four Seasons Water Quality Improvements (WR220004).
2.Background:
The Four Seasons Water Quality Improvements project is identified in the 2023-2032 Capital
Improvement Plan (CIP) for construction in 2023/2024. The water quality improvements would be
located on the northwest and southern portions of the city-owned property which was acquired as
part of the city's efforts to redevelop the former Four Seasons Mall site. The city has been working
with the Bassett Creek Watershed Management Commission (BCWMC) since 2013 to identify a
project location for phosphorus removal efforts upstream of Northwood Lake, which is located on
the east of Highway 169 in New Hope and takes drainage from areas of eastern Plymouth.
A plan has now been developed to remove 100 pounds of phosphorus to improve water quality in
downstream lakes and approximately 10 pounds of phosphorus for a future developer to use in
meeting water quality requirements for the development site. The plan involves adding a best
management practice filter pond on the northwest portion of the site to clean water from Lancaster
Lane and adjacent neighborhood, constructing a pond on the southern portion of the site to treat
water from the north arm of Bassett Creek, and restoring the wetland at the southernmost potion of
the parcel. The areas where these improvements are proposed was not shown as redeveloped in
the past two development concepts, mostly due to soils, wetlands, and underground utilities that
exist. Thus, this work will not affect the anticipated developable land.
The BCWMC included this project in a previous CIP and is proposing to reimburse the city 100% of
the project cost associated with the first 100 pounds of phosphorus removed up to the designated
amounts. The city would pay for the remaining portion of the project as the water quality credits
would be made available to help with redevelopment. The cooperative agreement includes
watershed cost share up to $793,551.94. As part of entering into the cooperative agreement for the
grant funds, the city agrees to administer the design and construction of the improvements and
maintain the project areas following completion. The schedule for the project includes opening bids
this fall and the majority of construction taking place in December 2023 - May 2024.
88
3.Budget Impact:
The project was identified in the 2023-2032 CIP for construction in 2023 for $1,500,000. Based on a
reduced project scope, the estimated project cost for the project is $850,000 with funding from the
Water Resources Fund and reimbursement from the Bassett Creek Watershed Management
Commission and Transit Fund.
4.Attachments:
Location Map
Cooperative Agreement
City Council Resolution 2023-201
89
Lancaster Ln N
P il g ri m L n N
39thAve N
41st A v e N
40thAveN Orlea n s L n N
Quaker Ln N
N
a
t
h
a
n
L
n
N
Hig hwa y 169 Service Dr
9
16 9
THIS R EPR ESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOU RCES THAT HAS NOT BE EN FIELD V ERIFIE D. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGIN AL SOURC E D OCUMENTS .
0 360 Feet
Location MapFour Seasons WaterQuality Project (WR220004)
July 2023
90
1
BA295-1-881544.v5
COOPERATIVE AGREEMENT
(Four Seasons Area Water Quality Project NL-2)
This Cooperative Agreement (“Agreement”) is made as of this ___ day of _______, 2023 by
and between the Bassett Creek Watershed Management Commission, a joint powers watershed
management organization (“Commission”), and the City of Plymouth, a Minnesota municipal
corporation (“City”). The Commission and the City may hereinafter be referred to individually as a
“party” or collectively as the “parties.”
RECITALS
A.The Commission adopted the Bassett Creek Watershed Management Commission Watershed
Management Plan on September 17, 2015 (“Plan”), a watershed management plan within the
meaning of Minnesota Statutes, section 103B.231.
B.The Plan includes a capital improvement program (“CIP”) that lists a number of water quality
capital improvements.
C.One of the water quality projects identified in the CIP is the Four Seasons Area Water Quality
Project in the City that was funded as part of the 2013 CIP levy and collected by Hennepin County
pursuant to Minnesota Statues, section 103B.251.
D.The original Four Seasons Mall Area Water Quality Project did not proceed, but multiple
developers have since proposed to construct alternative stormwater projects on the former Four
Seasons Mall site (“Site”) which would have met the requirements of the original project.
E.The aforementioned developers did not proceed with their proposed redevelopment plans and the
City recently acquired the Site so that it could control redevelopment and facilitate water quality
improvements.
F.The City now proposes to construct an alternative water quality project (the “Project”) which
meets the goals and requirements of the originally identified CIP project.
G.Notwithstanding the longstanding challenges of redeveloping the Site, the City desires to
construct the Project in advance of site redevelopment to provide an immediate water quality
benefit within the watershed.
H.The Commission desires to provide CIP funding, on a reimbursement basis, to the City for the
Project in accordance with the terms and conditions of this Agreement, and likewise, the City
desires to utilize the CIP funds from the Commission to construct the Project in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual covenants and agreements hereinafter set forth, and intending
to be legally bound, the parties hereby agree as follows:
20th July
91
2
BA295-1-881544.v5
1. Project Scope. The Project generally consists of wetland restoration, wet ponding and sumps,
along with other improvements, that will be collectively designed to provide for water quality
treatment that will remove no less than 100 pounds of phosphorus annually from the Site.
Although the Project will involve on-site wetland mitigation, it may not result in the creation of a
wetland bank.
2. Design and Plans. The City will design the Project, prepare plans and specifications for
construction of the Project, and provide supporting information including, but not limited to, final
pollutant removal information and other information to confirm the above pollutant removal
estimates are achieved, as further detailed in section 7 below. 90% plans and specifications for
the Project were previously submitted to the Commission and approved in accordance with the
Commission’s CIP project review process, and any changes to such plans and specifications shall
be submitted to the Commission for approval. Minor change orders, however, may be approved
by the City without requiring additional approval by the Commission. For purposes of this
paragraph, “minor change orders” shall mean those changes to the approved plans that do not
materially change either the effectiveness of the Project to meet its intended purposes, the
aesthetics, form, or function of the Project, or the environmental impacts of the Project.
3. Contract Administration. The City will advertise for bids and award contracts for the Project in
accordance with the requirements of applicable law. The City will award such contracts and
supervise and administer the construction of the Project to ensure that it is completed in
accordance with the approved plans and specifications. The contracts may only be let to one or
more responsible contractors in accordance with Minnesota Statutes, section 16C.285 and the
City will require the contractors to provide all payment and performance bonds required by law.
The City will further require the contractors to name the Commission as additional insured on all
liability policies required by the City and the Commission shall be given the same notification of
cancellation or non-renewal as is given to the City. The City will require the contractors to defend,
indemnify, protect and hold harmless the Commission and the City, their agents, officers, and
employees, from all claims or actions arising from negligent acts, errors or omissions of the
contractors. The City will supervise the work of the contractors. However, the Commission may
observe and review the work of the Project until it is completed. The City will display a sign at
the construction site stating “Paid for by the Taxpayers of the Bassett Creek Watershed.”
4. Contract Payments. The City will pay all contractors and all other expenses related to the
construction and implementation of the Project and keep and maintain complete records of such
costs incurred.
5. Commission Reimbursement. The Commission agrees to reimburse the City for eligible Project-
related costs it incurs as provided in this section. The total amount of CIP funds the Commission
presently has available for Project reimbursement is $793,551.94, less the Commission’s out-of-
pocket costs related to the Project incurred after the effective date of this Agreement, including,
but not limited to, Commission Engineer’s review and inspection costs. A condition precedent
of the Commission’s obligations under this Agreement is that the City fund from other sources as
needed all Project costs not being reimbursed by the Commission under this Agreement,
including, but certainly not limited to, any costs required for property or easement acquisition
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necessary for the City to construct and maintain the Project (herein, the “City Contribution”). The
portion of Commission CIP funds in excess of future out-of-pocket costs of the Commission shall
be available for reimbursement to the City for costs incurred by or on behalf of the City in the
planning, design and construction of the Project. The City may seek up to monthly
reimbursements from the Commission as it incurs and pays costs to design and construct the
Project. Reimbursement to the City will be made as soon as funds are available, provided a
request for payment has been received from the City that contains such detailed information as
may be requested by the Commission to substantiate costs and expenses. The City shall complete
and submit with its final reimbursement request to the Commission a final report on the Project
using the Commission’s final reporting form and providing such other information as may be
requested by the Commission.
6. Limits on Reimbursement. Reimbursement to the City will not exceed the amount specified in
section 5 above, again less any amounts retained by the Commission for Commission expenses.
Reimbursement will not be increased by grants or other revenues received by the Commission for
the Project. Reimbursement will not exceed the total eligible costs and expenses incurred by the
City for the Project, less any amounts the City receives for the Project as grants from other sources.
All costs of the Project incurred by the City in excess of such reimbursement, i.e. the City
Contribution, shall be borne by the City or secured by the City from other sources.
7. Excess Treatment Capacity; Future Site Development. The Project’s total treatment capacity, as
contemplated in the CIP, was to provide 100 pounds of total phosphorous removal from the Site
per year. The City’s Project design estimates the removal of 110 pounds of total phosphorous
from the Site per year, a number that is subject to modification depending on final Project
implementation. Following Project completion, the City will provide the Commission Engineer
with record drawings of the constructed Project, which will be reviewed by the Commission
Engineer and compared with final Project plans to determine the Project’s total achieved treatment
capacity in pounds of annual phosphorous removal from the Site (the “Final Substantiated Annual
Phosphorous Removal”).
Given the longstanding difficulties with redeveloping the Site and moving the Project toward
construction, the Commission understands and agrees that the City may allow a future developer
of the Site to utilize any excess stormwater treatment capacity achieved by the Project, i.e. the
pounds of annual phosphorous removal in excess of 100, similar to a regional treatment approach.
However, the Commission needs assurances that any such treatment capacity made available by
the City to a future Site developer is not funded by Commission CIP funds. To that end, the total
treatment capacity allocated to any such Site developer, in pounds of annual phosphorous removal
and when divided by 100, may not exceed the number achieved by dividing the City Contribution
by the total substantiated cost of the Project. Additionally, the City agrees to provide the
Commission with any information or records related to the Project that are deemed necessary by
the Commission to accurately determine and confirm the Final Substantiated Annual Phosphorous
Removal, the total Project cost, the City Contribution, and adherence to this section 7.
8. Audit. All City books, records, documents, and accounting procedures related to the Project are
subject to examination by the Commission and either the State Auditor or the Legislative Auditor
for at least six years after completion of the Project.
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BA295-1-881544.v5
9. Environmental Review. The City will perform all necessary investigations of site contamination
and secure all necessary local, state, or federal permits required for the construction of the Project
and will not proceed with the Project until any required environmental review and remediation of
site contamination is completed or a plan for remediation is approved by appropriate regulatory
agencies.
10. Ongoing Maintenance. Upon completion of the Project, the City shall be solely responsible for
its sustainability and ongoing maintenance. The City agrees to perform, at its cost, such
maintenance as may be required to sustain the proper functioning of the improvements
constructed as part of the Project for their useful life. Although the City is the owner of the real
property where the Project is being constructed, it reserves the right to transfer such property to
any prospective Site developer, provided, however, that prior to any such conveyance, the City
shall ensure that all necessary public easements are in place to ensure the Project is inspected and
properly maintained by the City in perpetuity to ensure its long-term viability. Should any future
developer propose to modify any element of the Project in a manner that quantifiably reduces the
amount of pollutant removal captured by the Project, the City shall expressly and unequivocally
require said developer to construct alternative improvements on the Site as part of its project so
that, at the very least, an equal amount of such pollutant removal reduction is captured through
alternative means, in addition to and beyond any and all other applicable water quality
requirements that the developer may be subject to.
11. Data Practices. The City shall retain and make available data related to the letting of contracts
and construction of the Project in accordance with the Minnesota Government Data Practices Act.
12. Term. This Agreement shall be in effect as of the date first written above and shall terminate once
the Project is completed and the Commission has completed its reimbursement payments to the
City as provided herein, provided, however, that the requirements contained in section 11 shall
survive any such termination.
13. Entire Agreement. The above recitals and the exhibits attached hereto are incorporated in and
made part of this Agreement. This Agreement contains the entire understanding between the
parties regarding this matter and no amendments or other modifications of its terms are valid
unless reduced to writing and signed by both parties.
[signature page to follow]
94
95
CITY OF PLYMOUTH
RESOLUTION NO. 2023-201
RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH
THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION FOR THE
FOUR SEASONS WATER QUALITY PROJECT (WR22004)
WHEREAS, the city and the Bassett Creek Watershed Management Commission (BCWMC) are
working to improve the water quality in Northwood Lake; and
WHEREAS, the Four Seasons Water Quality Project is listed in the 2023-2032 Capital
Improvement Plan; and
WHEREAS, the city will be reimbursed for feasibility, design, and construction costs associated
with the Four Seasons Water Quality Project by BCWMC in accordance with the Cooperative Agreement.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat the Mayor and City Manager are authorized and directed to approve and sign the
Cooperative Agreement between the City of Plymouth and the Bassett Creek Watershed Management
Commission for the Four Seasons Water Quality Project.
BE IT FURTHER RESOLVED, that funding for this project shall be from the Water Resources Fund and will
be reimbursed by the Basset Creek Watershed Management Commission and Transit Fund.
APPROVED by the City Council on this 8th day of August, 2023.
96
Regular City
Council
August 8, 2023
Agenda
Number:7.1
To:Dave Callister, City Manager
Prepared by:Erik Fadden, Public Safety Director
Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator
Item:Public hearing on revocation of on-sale intoxicating liquor
license with Sunday sales for Northwoods Entertainment LLC
dba Emagine Willow Creek, 9900 Shelard Parkway
1.Action Requested:
Adopt attached resolution approving the revocation of the on-sale intoxicating liquor license with
Sunday sales for Northwoods Entertainment LLC dba Emagine Willow Creek after the business failed
a fourth alcohol compliance check within a 36-month period according to the presumptive civil
penalty grid outlined in the city code.
2.Background:
Northwoods Entertainment LLC dba Emagine Willow Creek has failed four alcohol compliance checks
within a 36-month period of time. The failures occurred on: October 26, 2021; December 8, 2021;
February 24, 2022 and July 12, 2023.
Below is Section 1201.43, Subd. 1B of the City Code outlining the presumptive civil penalty grid for
failed compliance checks within a 36-month period:
1st Violation - $500 and 5 days stayed suspension.
2nd Violation within 36 months - $1,000 and 5 days suspension.
3rd Violation within 36 months - $2,000 and 10 days suspension.
4th Violation within 36 months - Revocation.
Following each of the first three compliance check failures, a Police Department employee
conducted an administrative hearing with the licensee. The licensee, or their representative, signed
an agreement for Administrative Penalty Agreement, paid the civil penalty and/or served the
suspension. Revocation of the liquor licenses is the presumptive penalty for a fourth violation
within the 36-month period. Staff has attached a resolution approving the revocation of the liquor
licenses as provided for in the Presumptive Civil Penalty grid. If the resolution is adopted, staff is
suggesting that all liquor products be removed from the premises by midnight on August 31, 2023.
According to Section 1201.43, Subd. 1G, the City Council has discretion to "suspend up to 60 days,
revoke the licenses, impose a civil fine not to exceed $2,000, to impose conditions, or take any other
action in accordance with law; provided the licensee has been afforded an opportunity for a public
hearing." If it's the City Council's desire to deviate from the presumptive civil penalty grid, staff
suggests the City Council direct the City Attorney to prepare a resolution outlining the suggested
penalty.
97
3.Budget Impact:
There is no impact on the budget as liquor license fees are not refundable under these
circumstances per Minnesota Statutes, Section 340A.408, Subd. 5.
4.Attachments:
Failed Compliance Check Summary
City Council Resolution 2023-202
98
This is an administrative hearing involving a fourth violation of alcohol sales to underage
individuals within a 36-month period.
The case to be heard involves Emagine Willow Creek, located in Plymouth at 9900 Shelard
Parkway. The police report numbers are 21-40899, 21-46173, 22-06653, and 23-26101.
First violation – October 26, 2021
A Plymouth Police Officer conducted an alcohol compliance check with a city employed
underage buyer
The illegal sale took place in the bar area
The buyer ordered a Tall Tails tap beer and the employee DID NOT ask for identification
The employee served the beer to the buyer
The employee was formally charged for furnishing alcohol to a person under 21
Administrative Hearing – November 10, 2021
Sergeant Wilson and Licensing Tech Larrison met with the manager, Anthony Livingston
and director of operations, Steven Falgout
Falgout advised employees go through TIPS training
Falgout and Livingston agreed to the violation, waived their rights to a hearing before
City Council, signed the Administrative Penalty Agreement and paid a $500.00 civil
penalty fee
Second violation – December 8, 2021
A Plymouth Police Officer conducted an alcohol compliance check with a city employed
underage buyer
The illegal sale took place in the bar area
The buyer ordered a Coors Light beer and the employee DID NOT ask for identification
The employee served the beer to the buyer
The employee was formally charged for furnishing alcohol to a person under 21
Administrative Hearing – December 29, 2021
Sergeant Wilson and Licensing Tech Larrison met with the director of operations,
Anthony Livingston
Livingston said all bartenders are required to sign off on a reminder form regarding
carding patrons and that it is now policy to card everyone
Livingston agreed to the violation, waived their rights to a hearing before City Council,
signed the Administrative Penalty Agreement and paid a $1,000.00 civil penalty fee
The liquor license was suspended for 5 days, January 9 – 13, 2022
99
Third violation – February 24, 2022
A Plymouth Police Officer conducted an alcohol compliance check with a city employed
underage buyer
The illegal sale took place in the bar area
The buyer ordered a Corona beer and employee DID ask for identification
Employee looked over identification and handed it back to the buyer
The employee served the beer to the buyer
The employee was formally charged for furnishing alcohol to a person under 21
Administrative Hearing – March 14, 2022
Sergeant Wilson and Licensing Tech Larrison met with the director of operations,
Anthony Livingston
Livingston again said all bartenders are required to sign off on a reminder form
regarding carding patrons
Livingston said they purchased a scanner to slide ID’s through
Livingston agreed to the violation, waived their rights to a hearing before City Council,
signed the Administrative Penalty Agreement and paid a $2,000.00 civil penalty fee
The liquor license was suspended for 10 days, March 20 – 29, 2022.
Fourth violation – July 12, 2023
A Plymouth Police Officer conducted an alcohol compliance check with a city employed
underage buyer
The illegal sale took place in the bar area
The buyer ordered a Coors Light beer and employee DID ask for identification
Employee looked over identification and handed it back to the buyer
The employee served a beer to the buyer
The employee was formally charged for furnishing alcohol to a person under 21
(No administrative hearing pending the City Council Meeting on August 8, 2023 to discuss the
revocation of On-Sale Intoxicating and Sunday Liquor Sales license.)
100
CITY OF PLYMOUTH
RESOLUTION NO. 2023-202
RESOLUTION SUSPENDING THE ON-SALE INTOXICATING LIQUOR LICENSE
WITH SUNDAY SALES FOR NORTHWOODS ENTERTAINMENT LLC D/B/A
EMAGINE WILLOW CREEK, 9900 SHELARD PARKWAY
WHEREAS, Northwoods Entertainment LLC d/b/a Emagine Willow Creek located at 9900 Shelard
Parkway, failed compliance checks on October 26, 2021; December 8, 2021 and February 24, 2022;
WHEREAS, per Section 1201.43, Subd. 1B, of the Plymouth City Code, a Police Sergeant
conducted an administrative hearing following each of those compliance check violations and the
licensee served the penalty as outlined in the Presumptive Civil penalty grid; and
WHEREAS, on July 12, 2023, Northwoods Entertainment LLC d/b/a Emagine Willow Creek failed
a fourth compliance check within a 36-month period as outlined in Section 1201.43 of the Plymouth City
Code. The penalty for a fourth compliance check is revocation of the license following a public hearing;
and
WHEREAS, the public hearing was held on August 8, 2023; and
WHEREAS, following the public hearing, it was determined to impose a civil fine of $2,000 and
implement a six-month suspension.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTAthat On-Sale Intoxicating Liquor License with Sunday Sales for Northwoods Entertainment
LLC d/b/a Emagine Willow Creek, 9900 Shelard Parkway, is suspended for six months and all liquor
products must be removed from the premises by midnight on August 31, 2023.
BE IT FURTHER RESOLVED that the licensee must pay a civil fine of $2,000.
BE IT FURTHER RESOLVED that the licensee may not apply to renew their license until March 1,
2024, and that if they apply to renew the license, they must demonstrate a sufficient training program
as part of the application.
APPROVED by the City Council on this 8th day of August, 2023.
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Resolution 2023-202
Page 2
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I
compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 8, 2023, with the
original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
___________________, _________.
__________________________________
City Clerk
102
Regular City
Council
August 8, 2023
Agenda
Number:8.1
To:Dave Callister, City Manager
Prepared by:Chloe McGuire, Planning and Development Manager
Reviewed by:Grant Fernelius, Community and Economic Development
Director
Item:Adopt ordinance amending chapters X and XXI of the city code,
regarding the keeping of bees, adopt resolution approving the
findings of fact for said ordinance, and adopt resolution
authorizing summary publication
1.Action Requested:
Adopt the attached ordinance amending chapters X and XXI of the city code, allowing for the
keeping of bees on residential and public/institutional properties. Attached is also an associated
resolution approving the findings of fact for said ordinance and resolution authorizing summary
publication.
Approval of the ordinance and findings of fact resolution requires a 4/7 vote.
Approval of the summary publication resolution requires a 6/7 vote.
2.Background:
The City Council met on May 23, 2023 and directed staff to draft an ordinance to approve
beekeeping. The Planning Commission met on June 21, 2023, held a public hearing regarding the
proposed amendments, and recommended approval of beekeeping. Staff has received two resident
comments in favor of beekeeping and has spoken to the Bee Lab at the University of Minnesota
regarding the draft regulations.
3.Budget Impact:
NA
4.Attachments:
Planning Commission Minutes
City Council Ordinance 2023-09
City Council Resolution 2023-203
City Council Resolution 2023-204
103
1
Proposed Minutes June 21, 2023
Proposed Minutes
Planning Commission Meeting
June 21, 2023
Sections removed.
(5.5) Discuss zoning ordinance text amendment to amend beekeeping regulations (2023036)
Planning and Development Manager McGuire presented the staff report.
Chair Boo asked if there is concern with the setback of ten feet and whether that would be too
close to neighbors. He asked where the four-to-eight-foot sign would be located and also asked
for details on the allowed 12-foot height for the apiaries.
Planning and Development Manager McGuire replied that the setback was one of the biggest
questions under the first review. She stated that the ten-foot setback was recommended in review
of ordinances used by other cities. She commented that staff feels that ten feet is sufficient as
when added to the structure setback that would still provide 35 feet. She stated that the signs are
recommended to alert others about beekeeping but there is not specifics about where the sign
should be placed. She stated that the sign location would be determined during the permit
process. She stated that the city allows ten to 15 feet for detached buildings and therefore they
chose 12 feet seemed reasonable.
Commissioner Anderson asked if bees would be upset with lawnmowing and attack the mower.
He noted that could lead to someone not mowing to create more pollinator habitat which would
go against the city ordinance.
Planning and Development Manager McGuire replied that the code does allow a natural
preserve, therefore if someone wanted to let their yard go native, they could work with staff to do
so.
Chair Boo introduced Jenny Warner, 216 Sheridan Avenue S in Minneapolis, commented that she
has been keeping bees for a long time in many different areas, including residential areas. She
commented that there are different levels of concern with beekeeping. She commented that she
has never seen a 12-foot hive and typically range from three to five feet high. She commented
that there is a lot of fear of bees, but generally the only people stung by honeybees are the
beekeepers. She commented that neighbors often do not see the bees as they prefer massive
areas of flowers or blooms rather than choosing potted plants. She stated that mowing can be an
issue but only if mowing directly around the hive. She commented that heavy construction
vibration can be upsetting to bees. She also provided input on the flight path.
Commissioner Wixon asked if the hive could be moved with the bees inside.
Ms. Warner confirmed that the hives can be moved with the bees inside.
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2
Proposed Minutes June 21, 2023
Commissioner Wixon asked the number of bees in a typical hive.
Ms. Warner replied that it would depend on the time of the year and size of the hive, noting that a
hive could reach 40,000.
Commissioner Fowler asked if the maximum of two hives is a good number.
Ms. Warner replied that is a low number. She explained how hives reproduce, dividing in half
which typically occurs in the spring. She noted that following winter, hives would need to be
divided. She commented that if people are successful, it may be difficult to limit to two, but it
can be done.
Commissioner Fowler asked how a maximum of two hives was decided.
Ms. Warner commented that many cities have chosen that same limit because it keeps it small.
Commissioner Fowler asked how a request would be analyzed if a neighbor were to object to a
request.
Planning and Development Manager McGuire stated that there would be specific findings,
similar to a home occupation review.
Chair Boo opened the public hearing.
No comments.
Chair Boo closed the public hearing.
Commissioner Anderson commented that he was glad to see this resurface with the changes and
supports this as he has previously raised bees. He commented that he is glad to see the
requirement of a course on beekeeping in the northern climate.
Commissioner Wixon commented that he supports the request although he is not well versed in
bees.
Chair Boo commented that the height seems unnecessary and attracts more questions than it
deserves. He suggested changing the height limit to eight feet. He agreed that the signage
location should be handled administratively but should be public facing. He was unsure that
there be a requirement for a pollinator garden as that would burden people with a requirement
that is not necessary for a successful hive. He commented that two hives seem like an easy start
and liked that there are beekeeping communities that people could reach out to.
Motion was made by Commissioner Boo and seconded by Commissioner Anderson to
recommend approval of the resolution as drafted with the following changes: the hive shall have
a maximum height of eight feet, signage shall be oriented towards the public, and the
requirement for a garden be removed.
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3
Proposed Minutes June 21, 2023
Further discussion: Commissioner Fowler suggested that the signage face the nearest property
line as opposed to towards the public.
Chair Boo commented that the nearest property line could be the woods and therefore his
language would provide staff with discretion.
With all Commissioners voting in favor, the motion carried.
106
227196v1
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2023-09
ORDINANCE AMENDING CHAPTERS X AND XXI OF THE PLYMOUTH CITY CODE,
REGARDING THE KEEPING OF BEES (2023036)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 1010.01, subd. 7 of the Plymouth City Code (LICENSE FEES –
Miscellaneous) is amended to add the following subsection Q as follows:
Q. Beekeeping License $100 biennial license fee (every two years)
SECTION 2.Amendment.Section 21005.02 of the Plymouth City Code (RULES AND
DEFINITIONS – DEFINITIONS) is amended by adding, deleting, or changing definitions as follows:
Animals:
(a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be
defined as house pets such as dogs, cats, and birds (except those defined as
farm animals or wild animals) that can be contained within a principal structure
throughout the entire year, provided that containment can be accomplished
without special modification to the structure requiring a building permit from
the City. In addition, it includes bees and rabbits, normally sheltered outside
the home.
(b) Farm Animals. Cattle, hogs, potbelly pigs, bees, sheep, goats, chickens, turkeys,
horses (including miniatures) and other animals commonly accepted as farm
animals in the State of Minnesota.
Bees, Related:
(a) Apiary: The assembly of one or more colonies of bees at a single location.
(b) Beehive: A receptacle inhabited by a colony that is manufactured for the
purpose of housing bees, which is designed so that the beekeeper can collect the
honey that they produce.
(c) Beekeeper: A person who owns or has charge of one or more colonies of bees.
(d) Colony: An aggregate of bees consisting principally of workers, but typically
having one queen and at times drones, brood, combs and honey.
(e) Flyaway Barrier: A barrier that directs bees’ flight upward to prevent bees from
flying at a height where they would intersect with a person or animal in a
neighboring property. The barrier could be a solid wall, fence, dense vegetation,
107
Ordinance 2023-09
Page 2
or any combination thereof that provides an obstruction through which honey
bees cannot readily fly.
(f) Water Supply: A natural pond/stream or artificial container holding sufficient
water with landing sites for honey bees to forage without drowning.
SECTION 3.Amendment. Section 21170.01, subd. 1 of the Plymouth City Code (ANIMALS –
Keeping Animals) is amended to read as follows:
Subd. 1.Domestic animals, except bees, are allowed in all zoning
districts, as regulated by Chapter IX of the City Code.
SECTION 4.Amendment. Section 21170 of the Plymouth City Code (Animals) is amended to add
Section 21170.04 (Keeping of Bees), as follows:
21170.04 Keeping of Bees.
Subd. 1. License Required. No person shall have bees within the City of Plymouth without first
obtaining a Beekeeping License. The procedures and fees for such license shall be as set forth in
Chapter X, Licenses and Permits; Procedures and Fees of the City Code.
Subd. 2. Licensing Process.
(a) A Beekeeping License shall only be granted for use in RSF-1, RSF-2, RSF-3, single-family
detached PUD, and P-I zoning districts.
(b) Application Requirements.
(1) A license application shall be signed by the property owner and shall include the
submittal of a site plan and hive plan with the location and specifics of the hives,
setbacks from all property lines and structures, including those on adjacent properties.
The application shall also denote the proposed beekeepers, if different from the
property owner. Any change in this information shall require a new application to the
City.
(2) Evidence of completion of the “Beekeeping in Northern Climates” course from the
University of Minnesota or other comparable institution.
(3) A bee management plan must accompany the application, including plans for swarm
management, mite and disease treatment, and native pollinator preservation.
(c) Upon receipt of a beekeeping application, the City shall follow the process for Home
Occupations under Section 21145.
(d) Any selling of honey from the home would require a separate home occupation license
process pursuant to section 21145, in addition to any requirements from the Minnesota
Department of Agriculture Dairy and Food Inspection Division regulations.
(e) The City hereby reserves the right upon issuing any beekeeping license to inspect the
premises in which the beekeeping is being conducted to ensure compliance with the
provisions of this section, or any conditions additionally imposed. The City reserves the right
to suspend or revoke any beekeeping license based on failure to comply with this section or
relevant City Code sections, in accordance with the procedures specified in Section 1005.
Subd 3. Hive Requirements. Any person keeping bees within the City of Plymouth under a
license granted under this section shall comply with the following requirements:
108
Ordinance 2023-09
Page 3
(a) Location. Colonies shall be located in the side or rear yard only and shall have a setback of at
least 10 feet from the side or rear property lines. A 6 foot flyaway barrier shall be provided.
(b) Water Source. An appropriate water source shall be provided within 10 feet of each colony.
(c) Signage. The licensee shall post a clearly visible warning sign indicating that a beehive is
present on the property. The sign shall be between four and eight square feet and oriented
towards the public, as determined by the zoning administrator. No separate sign permit is
required.
(d) Number. Each property may be allowed up to two hives at initial permit submission, with
the potential to increase to four in the spring to accommodate hive expansion.
(e) Neighborhood Beekeeping. Common spaces on residential, homeowners association
maintained properties, properties zoned Public/Institutional, or properties owned by the
City, are eligible for a beekeeping license if:
a. All other requirements of this section are met.
b. One main beekeeper shall be identified as an ongoing point of contact, willing to
respond to any questions or concerns with the ongoing operations of the hive(s).
c. The colony is located a minimum of 50 feet from public trails.
SECTION 5.Effective Date. This Ordinance shall be effective upon its passage.
APPROVED by the City Council on this 8th day of August, 2023.
__________________________________
Jeffry Wosje, Mayor
ATTEST:
_______________________________
Jodi Gallup, City Clerk
109
CITY OF PLYMOUTH
RESOLUTION NO. 2023-203
APPROVING FINDINGS OF FACT FOR A ZONING ORDINANCE TEXT AMENDMENT TO
SECTIONS 21005, AND 21170 OF THE ZONING ORDINANCE TO AMEND AND ADD
KEEPING OF BEES (2023036)
WHEREAS, the City of Plymouth initiated amendments to the definitions, and keeping of animals
sections of the zoning ordinance; and,
WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly
called public hearing and recommends approval of the text amendments.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby approves the zoning ordinance text amendments to add bee
related definitions and adopt new keeping of bees regulations and modify the city code, based upon the
finding that the proposed amendments would be consistent with the city’s comprehensive plan and
with the purpose and intent of the city’s ordinances and policies.
APPROVED by the City Council on this 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023 with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this __________ day of
___________, ______.
______________________________
City Clerk
110
CITY OF PLYMOUTH
RESOLUTION NO. 2023-204
RESOLUTION APPROVING SUMMARY PUBLICATION OF
ORDINANCE NO. 2023-09
ORDINANCE AMENDING CHAPTER X OF THE PLYMOUTH CITY CODE,ENTITLED LICENSES
AND PERMITS; PROCEDURES AND FEES,AND CHAPTER XXI OF THE PLYMOUTH CITY
CODE,ENTITLED THE PLYMOUTH ZONING ORDINANCE,REGARDING THE KEEPING OF
BEES (2023036)
Ordinance No. 2023-09 amends Chapter 10 of the Plymouth City Code, Entitled Licenses and
Permits; Procedures and Fees, and Chapter 21 entitled Plymouth Zoning Ordinance, regarding the
keeping of bees (2023036).
A printed copy of the entire ordinance is available for inspection at the City Clerk’s Office during
regular office hours.
APPROVED for summary publication by the City Council this 8th day of August, 2023.
111
Regular City
Council
August 8, 2023
Agenda
Number:8.2
To:Dave Callister, City Manager
Prepared by:Chloe McGuire, Planning and Development Manager
Reviewed by:Grant Fernelius, Community and Economic Development
Director
Item:Adopt ordinance amending chapter XXI of the city code,
regarding accessory dwelling units and resolution approving
findings of fact for said ordinance
1.Action Requested:
Adopt the attached ordinance amending chapter XXI of the city code, amending the regulations
regarding accessory dwelling units on residential properties and adopt associated resolution
approving the findings of fact for said ordinance.
Approval of the ordinance and the resolution require a 4/7 vote.
2.Background:
The Planning Commission met on June 21, 2023, held a public hearing regarding the proposed
amendments, and recommended approval of amendments to accessory dwelling unit (ADU) code to
allow for more types of ADUs to be built on all single family residential properties. The City Council
met on June 27, 2023 and directed staff to draft an ordinance to approve amendments to the ADU
code and receive additional public feedback in the interim. Staff put the draft code on the city
homepage and planning webpages, social media, Nextdoor, and completed an interview with CCX
Media to share information about potential changes to the code.
Staff has received feedback from the public, including emails which are attached. Feedback has
been supportive of regulations allowing ADUs on more properties, and more kinds of ADUs. If
approved, staff will bring a resolution regarding summary publication to the August 22 meeting.
3.Budget Impact:
NA
4.Attachments:
Comments Received
Comparable Cities Regulations
Sample ADU Handout
Draft Ordinance - item tabled until Aug 22
Draft Resolution - Findings of Fact - item tabled until Aug 22
112
113
Chloe
I understand that the Plymouth City Council is considering amending and updating the
current ADU ordinance and I wanted to provide input from the perspective of a local
general contractor. We strongly encourage the changes that the city council is
considering. We believe allowing private owners to have this option to increase housing
density and allow for extended family housing is a benefit to the community and the
trades. This opens up lots of opportunities for companies like ours to provide cost
effective housing solutions and improve stewardship of existing land assets in
Plymouth. We would discourage limiting ADUs to extended family only as there are
other applications (e.g. medical care, childcare) that are legitimate uses of an ADU type
structure.
Thank you for your consideration of our feedback on this matter.
Steven Uggen
President
Steven Uggen
612.747.5260
JOE.BUILDER.
office 612.562.7047
web joebuilder.co
Our company is committed to transforming spaces and people. Check out my personal
transformation story here.
general contractor license no. BC785210
114
From: Betsy K <betsyhedstrom@gmail.com>
Sent: Saturday, July 15, 2023 10:07:46 PM
To: Chloe McGuire <cmcguire@plymouthmn.gov>
Subject: ADU
Dear Ms. Mcguire,
I am in favor of allowing ADUs on Plymouth residential properties.
I read through the ordinance and have questions/comments:
section K: "two off-street parking spaces" - This would be difficult to adhere to unless the driveway
(part of driveway) or garage is allowed to be used for the ADU as well.
If the ADU does not have plumbing, is there any rule against a composting toilet or some other type of
toilet.
Thank you,
Betsy Hedstrom Khan
Plymouth resident
You don't often get email from betsyhedstrom@gmail.com. Learn why this is important
115
From: Colin King <colinjamesking@gmail.com>
Sent: Friday, July 21, 2023 9:45 AM
To: Chloe McGuire <cmcguire@plymouthmn.gov>
Cc: Annie King <anniemarieking@gmail.com>
Subject: Re: ADU Consideration
Hi Chloe,
Thank you so much for following up with us on this. We're glad to hear that there will be a vote! Thank
you as well for the link to the news release/draft ordinance. I did have two questions/comments on the
draft:
- Subd 2 (d): Since primary structure setbacks are greater than accessory structure setbacks, this
provision would require greater setbacks for an accessory structure with an ADU compared to an
accessory structure without an ADU. Would the city council consider allowing ADUs in accessory
structures with the current accessory structure setbacks?
- Would the city council consider increasing the 15ft mean roof height maximum for accessory buildings
in conjunction with the ADU provision? The 15ft mean roof height restriction makes it a bit difficult to
build an ADU above a detached garage, for example.
We appreciate your time and the work you do for Plymouth! Thank you again.
Best,
Colin and Annie King
You don't often get email from colinjamesking@gmail.com. Learn why this is important
116
From: Colin King <colinjamesking@gmail.com>
Sent: Wednesday, January 18, 2023 8:15:44 PM
To: Chloe McGuire <cmcguire@plymouthmn.gov>
Cc: Annie King <anniemarieking@gmail.com>
Subject: ADU Consideration
Good Evening,
My wife and I heard that the city is considering allowing accessory dwelling units and wanted to write
and express our support. We Live at 1430 Ranier Ln N and have been gathering information about ADUs.
I work as an emergency physician, and an ADU would provide me with a place to sleep separate from
our house when I am working overnight and sleeping during the day. The ADU would also allow my
family to go about their day without worrying about making too much noise while I sleep. I fully support
the city allowing ADUs and appreciate your consideration of this measure.
Best regards,
Colin & Annie King
You don't often get email from colinjamesking@gmail.com. Learn why this is important
117
From: K KLUCAS <klucas4974@msn.com>
Sent: Wednesday, July 19, 2023 5:25:42 PM
To: Chloe McGuire <cmcguire@plymouthmn.gov>
Subject: Accessory dwelling units
I currently live in my daughter and son-in-law basement to assist in caring for my special needs grandson
and my granddaughter. Due to prohibitive costs they have not been able to renovate the house to
properly living accomodations for this 70 year old grandmother. Anything that can be done to make this
happen sounds good to me.
Thank you,
Kathryn Klucas
118
From: James A. Moore <ja.moore0070@gmail.com>
Sent: Sunday, July 16, 2023 3:21:07 PM
To: Chloe McGuire <cmcguire@plymouthmn.gov>
Subject: Statement in Support of AUDs
Good afternoon Ms. McGuire,
My name is James A. Moore and I'm writing to you today because I would like to explain why the city of
Plymouth, especially the City Council, should approve AUDs. As we have seen throughout the nation,
from towns large and small, America is facing an affordable housing crisis. AUDs are a part of the answer
to this problem, housing insecurity is not just an issue of affordability but also supply. The Council's
approval of AUD including tiny homes, converted basements, and mother-in-law suites would be a
stepping stone towards providing safe and most importantly affordable, housing for Plymouth's
population. I would like to speak in front of the council in support of this resolution. Please send me
more information regarding the possibility of that.
Blessings,
James A. Moore
https://www.npr.org/sections/health-shots/2022/02/06/1077791467/tiny-homes-big-dreams-how-
some-activists-are-reimagining-shelter-for-the-homeles
https://avivomn.org/avivovillage/
119
From: Linda Pollock <theorganizer@att.net>
Sent: Tuesday, July 18, 2023 3:18 PM
To: Webmail - Planning <Planning@plymouthmn.gov>
Subject: Upcoming ADU ordinance input
Hello,
I have some input I’d like to share regarding ADUs at the upcoming Council meeting and am emailing it
since I will be out of town for the August 8th meeting. If possible, I hope this feedback can be included.
My son has autism and needs a hands-on way to learn how to live on his own. The ideal situation is for
him to have his own tiny home on our property where he can learn to function independently while
having family support and the familiarity of the home environment. I have contacted Plymouth three
times in the past about the possibility of having an ADU for him only to be told it was not an option.
Approving ADUs would be a game changer for us and give us a chance to teach our son in the manner
that works best for him so that he has a better chance of succeeding on his own. Being able to have his
own tiny home would be life changing for him, give him the time and space he needs to build the
confidence to live independently and give us peace of mind.
Thank you.
Linda Pollock
763-607-0656
120
121
City Process Type Are setbacks same
as principal or
accessory
structure?
Size Rental Parking Address Are
separate
utilities
allowed?
Additional Terms Additional
setback rules
Detached,
Location
Max
Height
Handouts
Apple Valley CUP Attached
Internal
300 sq ft - 40% of
main home's
footprint
2 in addition to
principal
structure spaces
No AUDs shall be permitted only
where it is demonstrated that
the accessory unit will not have
an undue adverse impact on
adjacent properties and where
there will not be a substantial
alteration of the character of the
neighborhood.
Bloomington Administrative Attached
Internal
Principal structure
setbacks
300 - 960 sq ft or 33%
of home footprint
License is
required
Principal must
have 4
No
Burnsville Permitted Attached
Internal
Detached
Attached - principal
structure Detached
- accessory
structure
300 - 960 sq ft or 33%
of home footprint
License is
required
1 in addition to
prinicipal
structure spaces
Same
Address
No Burnsville
Crystal Permitted Attached
Internal
Detached
< 50% of primary
home area
May be
rented
1 in addition to
principal
structure spaces
ADU is unit B No Minimum 10
feet from
principal
structure
Crystal
Eagan Annual
Registration
Attached
Internal
300 - 960 sq ft or 33%
of home footprint
2 in addition to
principal
structure spaces
No Eagan
Twin Cities ADU Regulations
Note that all listed cities: only allow 1 ADU, only allow ADUs in single family residential districts, require the ADU matches the home, and require the
owner to live onsite, and do not allow separate ownership of an ADU
122
Golden Valley Administrative
review,
Conditional Use
Permit for
detached if does
not meet same
side and rear
setbacks as
principal
Attached
Internal
Detached
Principal structure 250 - 950 sq ft or 35%
of home's gross living
area (whichever is
less)
License
required
1 in addition to
principal
structure spaces
No Entrance to face side or rear
yard, rooftop deck not allowed
Completely
to the rear of
principal
structure,
minimum lot
size of
10,000 sq ft,
located no
less than 10
ft from side
or rear lot
line, located
no less than
10 feet from
principal
structure
12 ft Golden
Valley
Hopkins Permitted Attached
Detached
Accessory structure < 800 sq ft No short term
rentals
No additional
parking required
No Entrances not to face nearest
side or rear lot line. Detached is
referred to as "backyard
cottage" and attached is called
"secondary suite"
10 ft min front
setback, 3 ft min
side and rear
setback (same
as accessory
structure)
Minimum
distance
from
principal - 15
feet
Inver Grove
Heights
City registration Attached
Internal
Detached
250 - 1000 sq ft License
required
2 in addition to
principal
structure spaces
Detached
has separate
address
No
Lakeville Attached
Internal
Principal structure < 30% principal
structure area
Permitted 3 garage stalls
for adu and
principal
Same
address
No
Long Lake CUP Principal structure < 900 sq ft Cannot be
rented to
individuals
unrelated to
owners
2 in addition to
principal
structure spaces
Minneapolis Administrative -
Filing a covenant
with Hennepin
County, must be
submitted to
zoning
administrator for
building permit
Attached
Internal
Detached
All > 300 sq ft.
Internal < 800 sq ft.
Detached < 1,300 sq
ft, and Footprint not
to exceed 676 sq ft or
10% of lot
No additional
parking required
No Shall be located on 1 level, no
additional entrances facing the
public street
Side and rear
yard may be
reduced to 3
feet
Minimum 20
feet from
principal
structure
21 ft Minneapolis
123
Minnetonka Conditional Use
Permit for internal
and attached,
Variance+CUP for
detached
Attached
Internal
Detached
Principal structure 200 - 950 sq ft or
35% of the gross
living area of home
Case by case No Front 35 ft, side
min 10 ft, rear
20% lot depth or
40 ft, whichever
is less
Minnetonka
St Louis Park Administrative
review
Attached
Internal
Detached
Principal structure Detached < 800 sq ft
or 25% of back yard.
Attached < 40% of
gross living area. All >
200 sq ft
No short term
rentals
No additional
parking required
Yes Rooftop deck no allowed,
permanent foundation is
required, Unit must be lockable
and not have direct access to the
principal living space
Side yard or
Back yard
only, Located
minimum 15
feet from
rear lot line,
Located a
minimum of
5 ft from
side property
15 ft St Louis Park
Ramsey Permitted use,
CUP required for
conversion of
lawful
nonconforming
garage
Attached
Detached
Accessory structure < 800 sq ft No additional
parking required
Must retain
same
address
No Must have permanent
foundation. ADUs contain
complete independent living
facilities with 3 or more of the
following - living, sleeping,
eating, sanitation
Ramsey
Richfield Permitted use Attached
Detached
Attached - principal,
detached - garage
300 sq ft - 800 sq ft or
the gross floor area of
the home (whichever
is less)
License
required
3 in addition to
principal
structure spaces
No Must be attached to principal
structure or garage
18 ft or
height of
home
Richfield
Wayzata Permitted Use,
Conditional Use
Permit
Attached
Internal
Detached
10 ft setback 300 - 960 sq ft or 33%
of home footprint
Cannot be
rented
1 in addition to
principal
structure spaces
10 ft setback
124
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ADU Details
What is an ADU?
•An accessory dwelling unit is a smaller, independent residential
dwelling unit located on the same lot as a standalone (i.e.
detached) single family home.
Benefits of ADUs
•Potential new affordable housing, particularly in ADUs located
within the principal structure.
•Provides a cash stream to help offset property acquisition and
maintenance costs of owner-occupied housing.
•Opportunity for additional intergenerational housing to support
aging in community.
•Diversifies housing options.
•Allows for small-scale density increases that support local
businesses and services.
•Provided the opportunity to expand housing stock to meet
increasing housing demands.
Community and Economic
Development Department Planning Division (763) 509-5450
planning@plymouthmn.gov
Building Division (763) 509-5430
inspections@plymouthmn.gov
3400 Plymouth Blvd.
Plymouth, MN 55447
Planning Requirements
Permit Applications (to be turned in concurrently)
•Building permits for new structures or renovations
•Administrative permit for accessory dwelling unit approval, unless if
garage conversion
Location
•May be allowed on residential lots with a detached, single-family home
within the FRD, RSF-1, RSF-2, RSF-3, or residential PUD district.
•May be located internal to an existing home, attached to an existing
home, above an attached garage, or detached as a standalone structure.
(see following page for details)
Requirements
•One ADU per property
•Owner must live on the property
•Meets principal structure setbacks
•Not used for short-term rental
Planning Department
125
Building Department
Community and Economic
Development Department
3400 Plymouth Blvd.
Plymouth, MN 55447Planning Division (763) 509-5450
planning@plymouthmn.gov
Building Division (763) 509-5430
inspections@plymouthmn.gov
Basic Requirements
•ADUs shall be a clear subordinate use with a minimum gross floor area of 200
square feet and a maximum of 1000 square feet or the 30% the size of the house,
whichever is less. Detached ADUs can be 30% the size of the rear yard, or 700
square feet, whichever is less.
•ADUs cannot exceed 15 feet in height.
•Architecture must match or compliment the principal structure.
•Must have a separate and lockable entrance from the principal structure.
•Entrances shall be clearly visible for emergency access.
•One additional off street parking spot must be provided.
•Utility connections shall be provided from the existing principal structure.
Please see Section 400.13 of the City Code and 21190.04 of the Zoning Ordinance for more information
Types of ADUs
126
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2023-___
ORDINANCE AMENDING CHAPTER XXI OF THE PLYMOUTH CITY CODE, ENTITLED THE
PLYMOUTH ZONING ORDINANCE (2023030)
THE CITY OF PLYMOUTH ORDAINS:
Section 1.Amendment. Section 21005.02 of the Plymouth City Code (RULES AND
DEFINITIONS—DEFINITIONS) is amended by adding, deleting, or changing the following definitions as
follows:
Dwelling Unit, Accessory: A self-contained dwelling having its own kitchen and bathroom facilities, and
which is designed as a second separate dwelling unit that is clearly incidental and subordinate to the
principal use of a lot as a single-family detached residence. A self-contained unit that is subordinate and
clearly incidental to a primary structure, intended for occupancy by one or more persons, that includes
facilities for living, sleeping, cooking, and eating.
Section 2.Amendment. Section 21190.04 of the Plymouth City Code (ACCESSORY DWELLING
UNITS) is amended as follows:
Subd. 1. Accessory dwelling units may be allowed residential subdivisions that have received
preliminary plat approval on or after June 1, 2001 and that include ten (10) or more single-family lots,
subject to the approval of an administrative permiton residential lots with a detached, single-family home
within the FRD, RSF-1, RSF-2, RSF-3, or residential PUD district. Accessory dwelling units are not allowed
on properties with apartment buildings or attached townhomes.
Subd. 2. An accessory dwelling unit may be allowed provided all of the following conditions are met:
(a)An accessory dwelling unit shall may be located above a an attached or detached garage that is
accessory to a single-family detached home;internal to a single-family home; attached to a single-family
home; above a detached garage; or detached as a standalone structure. located in the RSF-R, RSF-1, RSF-
2, or PUD zoning district.
(b)An administrative permit for the accessory dwelling unit may only shall be applied for
concurrently with the application for a building permit.for construction of the principal structure on
the lot
(c)Not more than one (1) accessory dwelling unit shall be allowed per on a single-family detached
lot.
(d)An attached or detached Any accessory dwelling unit shall comply with the same minimum
building setback requirements as required for the living portion of the principal dwelling unit.
(e)Except as noted in (c) above or as otherwise specified in this subdivision, a detached accessory
dwelling unit shall be subject to the same regulations as provided for under Section 21120 of this Chapter.
127
Ordinance 2023-
Page 2
2
(f)An accessory dwelling unit shall be a clearly incidental and subordinate use, the gross floor area
of which shall not exceed the gross floor area of the principal dwelling unit or one thousand (1,000) square
feet, whichever is less. The allowed area for a detached dwelling unit shall be 30 percent of the area of
the rear yard, to a maximum size of 700 square feet. If attached, the allowed size of an accessory dwelling
unit shall be 30 percent the gross floor area of the home, to a maximum size of 1000 square feet. Any
accessory dwelling unit shall be a minimum of 200 square feet.
(g)The exterior design of an accessory dwelling unit shall incorporate a similar architectural style,
roof pitch, colors, and materials as the principal building on the lot, and shall be compatible with the
character of the surrounding residential buildings, subject to approval by the Zoning Administrator.
(h)The owner of the property shall reside in the principal dwelling unit or in the accessory dwelling
unit.
(i)Rental of the accessory dwelling unit, or rental of the principal dwelling unit if the property owner
resides in the accessory dwelling unit, shall require a City license pursuant to Chapter IV (Housing and
Redevelopment) of the City Code. The accessory dwelling unit shall not be rented as a short-term rental
and shall only be rented to caretakers or family members.
(j)There shall be no separate ownership of the accessory dwelling unit.
(k)In addition to the parking spaces required for the principal dwelling unit on the lot, two (2) One
off-street parking spaces shall be provided for an accessory dwelling unit. Such accessory dwelling unit
parking spaces shall not conflict with the principal dwelling unit parking spaces, Adequate parking shall be
shown on the permit application and shall comply with the requirements of this Chapter.
(l)The accessory dwelling unit shall be addressed as a separate unit with the same numerical address
as the principal structure An accessory dwelling unit shall have a separate address from the principal
dwelling unit on the lot, and shall be identified with address numbers pursuant to Chapter IV (Building
Code) of the City Code.
(m)The principal dwelling unit and accessory dwelling unit shall be created and maintained in
compliance with Chapter IV (Building Code, Housing Maintenance, and Housing and Redevelopment) of
the City Code.
(n)The principal dwelling unit and accessory dwelling unit shall be connected to municipal sewer and
water and shall not have separate utilities from the principal structure.
(o) The accessory dwelling unit shall have a foundation and shall be a permanent structure.
(p) Any exterior entrance for the accessory dwelling unit shall be on the side or rear of the home.
(q) The applicant must demonstrate that the proposed new construction or modifications to existing
construction comply with the building code.
(r) Accessory dwelling units must meet any applicable shoreland or structural coverage regulations.
(s)The maximum height for accessory dwelling units shall be as prescribed in the applicable district,
provided that in no case shall the height of a detached accessory dwelling unit exceed the height of the
principal building. In the case of an accessory dwelling unit above a detached garage, the maximum height
shall be 21 feet, or the height of the principal building, whichever is less.
128
Ordinance 2023-
Page 3
3
Type of Accessory Dwelling Unit Maximum Height
Internal to a single-family home 35 feet, or the height of the principal building,
whichever is lessAttached to a single-family home
Detached as a standalone structure 15 feet
Above a detached garage 21 feet, or the height of the principal building,
whichever is less
(Amended by Ord. No. 2009-07, 05/12/09)
(Amended by Ord. No. 2002-24, 06/25/02)
Section 3.Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on this 8th day of August, 2023.
__________________________
Jeffry Wosje, Mayor
ATTEST:
____________________________
Jodi M. Gallup, City Clerk
129
CITY OF PLYMOUTH
RESOLUTION 2023-
APPROVING FINDINGS OF FACT FOR A ZONING ORDINANCE TEXT AMENDMENT TO
SECTIONS 21005 AND 21190 OF THE ZONING ORDINANCE TO AMEND ACCESSORY
DWELLING UNIT REGULATIONS (2023030)
WHEREAS, the City of Plymouth initiated amendments to the definitions, and accessory dwelling
units sections of the zoning ordinance; and
WHEREAS, the Planning Commission has reviewed the proposed text amendmentsat a duly called
public hearing and recommends approval of the text amendments.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby approves the zoning ordinance text amendments to amend related
definitions and adopt new accessory dwelling unit regulations and modify the city code, based upon the
finding that the proposed amendments would be consistent with the city’s comprehensive plan and with
the purpose and intent of the city’s ordinances and policies.
ADOPTED by the City Council the 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8,2023with the original thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ______ day of
___________, ______.
______________________________
City Clerk
130
Regular City
Council
August 8, 2023
Agenda
Number:8.3
To:Dave Callister, City Manager
Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer
Reviewed by:Michael Thompson, Public Works Director
Item:Authorize participation in the Minnesota GreenStep Cities
program
1.Action Requested:
Adopt attached resolution authorizing participation in the Minnesota GreenStep Cities program.
2.Background:
Minnesota GreenStep Cities is a voluntary program to help cities track sustainability and
quality-of-life goals. The program was developed by a broad coalition of public and private
stakeholders including the League of Minnesota Cities, the Minnesota Pollution Control Agency
(MPCA), Office of Energy Security, and the Clean Energy Resources Team (CERTs) as a result of 2008
state legislation. Over 145 Minnesota communities are currently participating in the program,
including: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Maple Grove, Minnetonka, St. Louis
Park, and Woodbury. More information can be found here: https://greenstep.pca.state.mn.us/.
The GreenStep Cities program is free and voluntary, and each city can complete best management
practices (BMPs) or steps at its own pace. The city is already performing a number of BMPs in the
program through its regular operations, but staff believes participation in the program could help
the city further track progress on BMPs, provide ideas for potential future BMPs, and recognize the
environmental stewardship efforts of the city. Council elected not to join the program in 2019, but
recently showed interest in participating at its July 25, 2023 study session.
If council approves authorization to participate, it is recommended the GreenStep Cities program be
administered by the Engineering Division of the Public Works Department. Engineering staff would
partner and coordinate with all other departments as well as the Environmental Quality Committee
(EQC). A plan for GreenStep Cities would be included in the EQC's annual work plan.
3.Budget Impact:
N/A
4.Attachments:
City Council Resolution 2023-205
131
CITY OF PLYMOUTH
RESOLUTION NO. 2023-205
RESOLUTION AUTHORIZING THE CITY OF PLYMOUTH
TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM
WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota
Pollution Control Agency (MPCA) and Office of Energy Security in the Department of Commerce (Office
of Energy Security), in collaboration with Clean Energy Resource Teams (CERTs), to recommend
municipal actions and policies that work toward meeting the state’s greenhouse gas emissions reduction
goals; and
WHEREAS, a broad coalition of public and private stakeholders including the League of
Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to 2008 legislation by
establishing the Minnesota GreenStep Cities program to provide a series of sustainable development
best practices focusing on local government opportunities to reduce energy use and greenhouse gases;
and
WHEREAS, Minnesota GreenStep Cities is a voluntary challenge, assistance, and recognition
program to help cities achieve their sustainability and quality-of-life goals. GreenStep is a free,
continuous improvement program, managed by a public-private partnership, and based upon 29 best
practices. Each best practice can be implemented by completing one or more actions at a 1, 2 or 3-star
level, from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost
savings and energy use reduction, and encourage civic innovation; and
WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for
the implementation of these sustainable development best practices; and
WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable
development best practices in the following five categories: (1) Buildings and Lighting; (2)
Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community
Development; and
WHEREAS, steps taken toward sustainable solutions aim to improve community quality of life,
building community capital and increasing government efficiency, accountability and transparency; and
WHEREAS, the City of Plymouth’s Environmental Quality Committee has reviewed the elements
of the program, is supportive of participation in the program, and believes the program will support city
and committee goals.
NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,
MINNESOTA:
132
Resolution 2023-205
Page 2
1. The City of Plymouth is authorized to participate in the Minnesota GreenStep Cities
program that offers a free, voluntary continuous improvement framework. Passage
of this participation resolution allows the city to be recognized as a Step One
GreenStep City; and
2. The Engineering Division of the Public Works Department is appointed to serve as
the city’s GreenStep coordinator for best practice documentation/implementation;
and
3. The city will facilitate the involvement of community members and other units of
government as appropriate in the planning, promoting and/or implementing of
GreenStep Cities best practices; and
4. Grants to the GreenStep program’s buildings advisor review access to the city's B3
Benchmarking Database so as to facilitate analysis and cost-saving technical
assistance to the city regarding its buildings’ energy use; and
5. The city will provide feedback once a year on how well the GreenStep program is
serving the city and its needs from the program; and
6. The city will claim credit for having implemented and will work at its own pace
toward implementing GreenStep best practices that will result in energy use
reduction, economic savings, quality of life improvement, reduction in the city’s
greenhouse gas footprint, and recognition by the League of Minnesota Cities as a
GreenStep City. An on-going summary of the city’s implementation of best practices
will be posted by the city on the Minnesota GreenStep Cities website.
APPROVED by the City Council on this 8th day of August, 2023.
133
Regular City
Council
August 8, 2023
Agenda
Number:8.4
To:Dave Callister, City Manager
Prepared by:Grant Fernelius, Community and Economic Development
Director
Reviewed by:Andrea Rich, Finance Director
Item:Adopt resolutions authorizing reimbursement from tax-exempt
bonds and interfund loans for Chankahda Trail (Phase 3), County
Road 73 area redevelopment and Plymouth City Center
1.Action Requested:
Adopt attached resolutions authorizing reimbursement from tax-exempt bonds and interfund loans
for Chankahda Trail (Phase 3), County Road 73 area redevelopment, and Plymouth City Center.
2.Background:
In anticipation of future public infrastructure costs related to Chankahda Trail (Phase 3), the area
around County Road 73/Highway 55 and City Center, staff is recommending that the City Council
adopt the attached resolutions. The resolutions provide options to the city in using a combination of
future debt and tax increment from redevelopment to pay for identified public infrastructure costs.
There are two sets of resolutions for each project. One set allows the city to reimburse itself
through the issuance of tax-exempt bonds for project-related expenses. The other set authorizes
interfund loans that can be repaid with tax increment from future redevelopment. The resolutions
do not commit the city to borrow money or authorize specific projects, but instead give the city
flexibility in using various financial tools to pay for these expenses. The city adopted similar
resolutions in recent years for Chankahda Trail (Phase 1 and 2), as well as the Four Seasons Mall
redevelopment.
The amounts listed in the resolutions are high-end estimates of anticipated project costs. The city
cannot increase the size of the interfund loan at a later date, so staff has been advised by bond
counsel to use higher estimates in the authorizing resolutions. The interfund loan resolutions also
allow the city to charge interest at a rate of 5% for internal borrowing.
3.Budget Impact:
There is no impact to the city budget.
4.Attachments:
City Council Resolution 2023-206
City Council Resolution 2023-207
134
City Council Resolution 2023-208
City Council Resolution 2023-209
City Council Resolution 2023-210
City Council Resolution 2023-211
135
CITY OF PLYMOUTH
RESOLUTION NO. 2023-206
RESOLUTION APPROVING THE TERMS OF UP TO A $20,000,000 INTERFUND LOAN IN
CONNECTION WITH A PROPOSED TAX INCREMENT FINANCING DISTRICT (PRUDENTIAL –
CHANKAHDA TRAIL RECONSTRUCTION – PHASE III PROJECT)
WHEREAS, the City of Plymouth, Minnesota (the "City") may establish a Tax Increment Financing
District (the "TIF District") within a Development District and may adopt a tax increment financing plan
for the TIF District (the "TIF Plan"); and
WHEREAS, the City may pay for certain costs to be identified in the TIF Plan consisting of land
acquisition, public utilities, site improvements/preparation, other eligible improvements, and
administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF
District and development of land within the TIF District, all related to the Prudential – Chankahda Trail
Reconstruction – Phase III project designated by the City, which costs may be financed on a temporary
basis from City funds available for such purposes; and
WHEREAS, under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such advances may
be legally made, in order to finance the Qualified Costs; and
WHEREAS, the City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the terms of this
resolution (which terms are referred to collectively as the "Interfund Loan").
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Terms of Interfund Loan.
a. The City hereby authorizes the advance of up to $20,000,000 from the City's General Fund
or any other fund designated by the City, or so much thereof as may be paid as Qualified
Costs. The City shall reimburse itself for such advances together with interest at the rate
stated below. Interest accrues on the principal amount from the date of each advance. The
maximum rate of interest permitted to be charged is limited to the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the
loan or advance is authorized, unless the written agreement states that the maximum
interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section
270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 5.00%
and will not fluctuate.
b. Principal and interest on the Interfund Loan (the "Payments") shall be paid annually on each
December 31 commencing with the date the tax increments from the TIF District are
available and not otherwise pledged to and including the earlier of (i) the date the principal
and accrued interest of the Interfund Loan is paid in full, or (ii) the date of last receipt of tax
136
Resolution 2023-206
Page 2
increment from the TIF District ("Payment Dates") which Payments will be made in the
amount and only to the extent of available tax increments. Payments shall be applied first
to accrued interest, and then to unpaid principal.
c. Payments on the Interfund Loan are payable solely from the tax increment generated in the
preceding twelve (12) months with respect to the TIF District and remitted to the City by
Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794,
as amended. Payments on this Interfund Loan are subordinate to any outstanding or future
bonds, notes or contracts secured in whole or in part with tax increment, and are on parity
with any other outstanding or future interfund loans secured in whole or in part with tax
increments.
d. The principal sum and all accrued interest payable under this Interfund Loan are pre-payable
in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise
required to be made under this Interfund Loan.
e. The Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from
tax increment pledged to the payment hereof under this resolution. The Interfund Loan and
the interest hereon shall not be deemed to constitute a general obligation of the State of
Minnesota or any political subdivision thereof, including, without limitation, the City.
Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on the Interfund Loan or other costs incident hereto except
out of tax increment, and neither the full faith and credit nor the taxing power of the State
of Minnesota or any political subdivision thereof is pledged to the payment of the principal
of or interest on the Interfund Loan or other costs incident hereto. The City shall have no
obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the termination of the TIF District. The City may amend the
terms of the Interfund Loan at any time by resolution of the City Council, including a
determination to forgive the outstanding principal amount and accrued interest to the
extent permissible under law.
2. Effective Date. This resolution is effective upon the date of its approval.
APPROVED by the City Council on this 8th day of August, 2023.
137
Resolution 2023-206
Page 3
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
138
CITY OF PLYMOUTH
RESOLUTION NO. 2023-207
RESOLUTION APPROVING THE TERMS OF UP TO A $16,000,000 INTERFUND LOAN IN
CONNECTION WITH A PROPOSED TAX INCREMENT FINANCING DISTRICT (CITY CENTER
2.0 PROJECT)
WHEREAS, the City of Plymouth, Minnesota (the "City") may establish a Tax Increment Financing
District (the "TIF District") within a Development District and may adopt a tax increment financing plan
for the TIF District (the "TIF Plan"); and
WHEREAS, the City may pay for certain costs to be identified in the TIF Plan consisting of land
acquisition, public utilities, site improvements/preparation, other eligible improvements, and
administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF
District and development of land within the TIF District, all related to the City Center 2.0 project
designated by the City, which costs may be financed on a temporary basis from City funds available for
such purposes.
WHEREAS, under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such advances may
be legally made, in order to finance the Qualified Costs.
WHEREAS, the City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the terms of this
resolution (which terms are referred to collectively as the "Interfund Loan").
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Terms of Interfund Loan.
a. The City hereby authorizes the advance of up to $16,000,000, from the City's General Fund
or any other fund designated by the City, or so much thereof as may be paid as Qualified
Costs. The City shall reimburse itself for such advances together with interest at the rate
stated below. Interest accrues on the principal amount from the date of each advance. The
maximum rate of interest permitted to be charged is limited to the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the
loan or advance is authorized, unless the written agreement states that the maximum
interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section
270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 5.00%
and will not fluctuate.
b. Principal and interest on the Interfund Loan (the "Payments") shall be paid annually on each
December 31 commencing with the date the tax increments from the TIF District are
available and not otherwise pledged to and including the earlier of (i) the date the principal
and accrued interest of the Interfund Loan is paid in full, or (ii) the date of last receipt of tax
139
Resolution 2023-207
Page 2
increment from the TIF District ("Payment Dates") which Payments will be made in the
amount and only to the extent of available tax increments. Payments shall be applied first
to accrued interest, and then to unpaid principal.
c. Payments on the Interfund Loan are payable solely from the tax increment generated in the
preceding twelve (12) months with respect to the TIF District and remitted to the City by
Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794,
as amended. Payments on this Interfund Loan are subordinate to any outstanding or future
bonds, notes or contracts secured in whole or in part with tax increment, and are on parity
with any other outstanding or future interfund loans secured in whole or in part with tax
increments.
d. The principal sum and all accrued interest payable under this Interfund Loan are pre-payable
in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise
required to be made under this Interfund Loan.
e. The Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from
tax increment pledged to the payment hereof under this resolution. The Interfund Loan and
the interest hereon shall not be deemed to constitute a general obligation of the State of
Minnesota or any political subdivision thereof, including, without limitation, the City.
Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on the Interfund Loan or other costs incident hereto except
out of tax increment, and neither the full faith and credit nor the taxing power of the State
of Minnesota or any political subdivision thereof is pledged to the payment of the principal
of or interest on the Interfund Loan or other costs incident hereto. The City shall have no
obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the termination of the TIF District. The City may amend the
terms of the Interfund Loan at any time by resolution of the City Council, including a
determination to forgive the outstanding principal amount and accrued interest to the
extent permissible under law.
2. Effective Date. This resolution is effective upon the date of its approval.
APPROVED by the City Council on this 8th day of August, 2023.
140
Resolution 2023-207
Page 3
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
141
CITY OF PLYMOUTH
RESOLUTION NO. 2023-208
RESOLUTION APPROVING THE TERMS OF UP TO A $7,500,000 INTERFUND LOAN IN
CONNECTION WITH A PROPOSED TAX INCREMENT FINANCING DISTRICT (COUNTY ROAD
73 PROJECT)
WHEREAS, the City of Plymouth, Minnesota (the "City") may establish a Tax Increment Financing
District (the "TIF District") within a Development District and may adopt a tax increment financing plan
for the TIF District (the "TIF Plan"); and
WHEREAS, the City may pay for certain costs to be identified in the TIF Plan consisting of land
acquisition, public utilities, site improvements/preparation, other eligible improvements, and
administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF
District and development of land within the TIF District, all related to the County Road 73 project
designated by the City, which costs may be financed on a temporary basis from City funds available for
such purposes; and
WHEREAS, under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to
advance or loan money from the City's general fund or any other fund from which such advances may
be legally made, in order to finance the Qualified Costs; and
WHEREAS, the City intends to reimburse itself for the payment of the Qualified Costs, plus
interest thereon, from tax increments derived from the TIF District in accordance with the terms of this
resolution (which terms are referred to collectively as the "Interfund Loan").
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Terms of Interfund Loan.
a. The City hereby authorizes the advance of up to $7,500,000 from the City's General Fund or
any other fund designated by the City, or so much thereof as may be paid as Qualified Costs.
The City shall reimburse itself for such advances together with interest at the rate stated
below. Interest accrues on the principal amount from the date of each advance. The
maximum rate of interest permitted to be charged is limited to the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the
loan or advance is authorized, unless the written agreement states that the maximum
interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section
270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 5.00%
and will not fluctuate.
b. Principal and interest on the Interfund Loan (the "Payments") shall be paid annually on each
December 31 commencing with the date the tax increments from the TIF District are
available and not otherwise pledged to and including the earlier of (i) the date the principal
and accrued interest of the Interfund Loan is paid in full, or (ii) the date of last receipt of tax
142
Resolution 2023-208
Page 2
increment from the TIF District ("Payment Dates") which Payments will be made in the
amount and only to the extent of available tax increments. Payments shall be applied first
to accrued interest, and then to unpaid principal.
c. Payments on the Interfund Loan are payable solely from the tax increment generated in the
preceding twelve (12) months with respect to the TIF District and remitted to the City by
Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794,
as amended. Payments on this Interfund Loan are subordinate to any outstanding or future
bonds, notes or contracts secured in whole or in part with tax increment, and are on parity
with any other outstanding or future interfund loans secured in whole or in part with tax
increments.
d. The principal sum and all accrued interest payable under this Interfund Loan are pre-payable
in whole or in part at any time by the City without premium or penalty. No partial
prepayment shall affect the amount or timing of any other regular payment otherwise
required to be made under this Interfund Loan.
e. The Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from
tax increment pledged to the payment hereof under this resolution. The Interfund Loan and
the interest hereon shall not be deemed to constitute a general obligation of the State of
Minnesota or any political subdivision thereof, including, without limitation, the City.
Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to
pay the principal of or interest on the Interfund Loan or other costs incident hereto except
out of tax increment, and neither the full faith and credit nor the taxing power of the State
of Minnesota or any political subdivision thereof is pledged to the payment of the principal
of or interest on the Interfund Loan or other costs incident hereto. The City shall have no
obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the termination of the TIF District. The City may amend the
terms of the Interfund Loan at any time by resolution of the City Council, including a
determination to forgive the outstanding principal amount and accrued interest to the
extent permissible under law.
2. Effective Date. This resolution is effective upon the date of its approval.
APPROVED by the City Council on this 8th day of August, 2023.
143
Resolution 2023-208
Page 3
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
144
CITY OF PLYMOUTH
RESOLUTION NO. 2023-209
RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE THE CITY FOR EXPENDITURES
MADE IN CONNECTION WITH A CERTAIN PROJECT FROM THE PROCEEDS OF TAX-EXEMPT
BONDS TO BE ISSUED IN COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE
WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the
same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond"
proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the
City prior to the time of the issuance of such bonds; and
WHEREAS, the Regulations generally require that the City (as the issuer of or the primary obligor
under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the
proceeds of the bonds, that such declaration be made not later than 60 days after the expenditure is
actually paid, and that the bonding occur and the written reimbursement allocation be made from the
proceeds of the bonds within 18 months after the later of (1) the date of payment of the expenditure or
(2) the date the project is placed in service (but in no event more than 3 years after actual payment).
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Official Intent Declaration. Pursuant to the Regulations, the City hereby declares its official intent to
reimburse itself for paid project expenditures out of the proceeds of bonds (the "Bonds")
anticipated to be issued in late 2023 or in 2024 (the "Declaration"). This Declaration relates to the
Prudential Site – Chankahda Trail Reconstruction – Phase III Project designated by the City (the
"Project") and the costs to be financed by the Bonds issued therefor, in the approximate maximum
principal amount of $20,000,000 (plus such additional principal amount necessary to provide for
costs of issuance, net original issue discount, credit enhancement and any debt service reserve
fund). The location of the Project shall be approximately the area along Chankahda Trail, between
Vicksburg Lane and County Road 61, within the City.
2. Reasonable Expectations. The City reasonably expects to reimburse itself for the payment of the
costs of the Project out of the proceeds of the Bonds to be issued after the date of payment of such
costs. As of the date hereof, the statements and expectations contained in this Declaration are
believed to be reasonable and accurate.
3. Permitted Reimbursable Capital Expenditures. Each expenditure to be reimbursed from the Bonds is
or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures
described in Section 1.150-2(d)(3) of the Regulations.
4. Limitations. The provisions of this Resolution are intended to have no application, to payments of
City project costs first made by the City out of the proceeds of bonds issued prior to the date of such
payments.
145
Resolution 2023-209
Page 2
5. Effective Date. This resolution is effective upon the date of its approval.
APPROVED by the City Council on this 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
146
CITY OF PLYMOUTH
RESOLUTION NO. 2023-210
RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE THE CITY FOR EXPENDITURES
MADE IN CONNECTION WITH A CERTAIN PROJECT FROM THE PROCEEDS OF TAX-EXEMPT
BONDS TO BE ISSUED IN COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE
WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the
same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond"
proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the
City prior to the time of the issuance of such bonds; and
WHEREAS, the Regulations generally require that the City (as the issuer of or the primary obligor
under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the
proceeds of the bonds, that such declaration be made not later than 60 days after the expenditure is
actually paid, and that the bonding occur and the written reimbursement allocation be made from the
proceeds of the bonds within 18 months after the later of (1) the date of payment of the expenditure or
(2) the date the project is placed in service (but in no event more than 3 years after actual payment).
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Official Intent Declaration. Pursuant to the Regulations, the City hereby declares its official intent to
reimburse itself for paid project expenditures out of the proceeds of bonds (the "Bonds")
anticipated to be issued in late 2023 or in 2024 (the "Declaration"). This Declaration relates to the
City Center 2.0 Project designated by the City (the "Project") and the costs to be financed by the
Bonds issued therefor, in the approximate maximum principal amount of $16,000,000 (plus such
additional principal amount necessary to provide for costs of issuance, net original issue discount,
credit enhancement and any debt service reserve fund). The location of the Project shall be
approximately the area north of Highway 55, south of Rockford Road, and surrounding Vicksburg
Lane and Plymouth Boulevard, within the City.
2. Reasonable Expectations. The City reasonably expects to reimburse itself for the payment of the
costs of the Project out of the proceeds of the Bonds to be issued after the date of payment of such
costs. As of the date hereof, the statements and expectations contained in this Declaration are
believed to be reasonable and accurate.
3. Permitted Reimbursable Capital Expenditures. Each expenditure to be reimbursed from the Bonds is
or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures
described in Section 1.150-2(d)(3) of the Regulations.
4. Limitations. The provisions of this Resolution are intended to have no application, to payments of
City project costs first made by the City out of the proceeds of bonds issued prior to the date of such
payments.
147
Resolution 2023-210
Page 2
5. Effective Date. This resolution is effective upon the date of its approval.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
148
CITY OF PLYMOUTH
RESOLUTION NO. 2023-211
RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE THE CITY FOR EXPENDITURES
MADE IN CONNECTION WITH A CERTAIN PROJECT FROM THE PROCEEDS OF TAX-EXEMPT
BONDS TO BE ISSUED IN COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER
THE INTERNAL REVENUE CODE
WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the
same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond"
proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the
City prior to the time of the issuance of such bonds; and
WHEREAS, the Regulations generally require that the City (as the issuer of or the primary obligor
under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the
proceeds of the bonds, that such declaration be made not later than 60 days after the expenditure is
actually paid, and that the bonding occur and the written reimbursement allocation be made from the
proceeds of the bonds within 18 months after the later of (1) the date of payment of the expenditure or
(2) the date the project is placed in service (but in no event more than 3 years after actual payment).
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Plymouth, as
follows:
1. Official Intent Declaration. Pursuant to the Regulations, the City hereby declares its official intent to
reimburse itself for paid project expenditures out of the proceeds of bonds (the "Bonds")
anticipated to be issued in late 2023 or in 2024 (the "Declaration"). This Declaration relates to the
County Road 73 Project designated by the City (the "Project") and the costs to be financed by the
Bonds issued therefor, in the approximate maximum principal amount of $7,500,000 (plus such
additional principal amount necessary to provide for costs of issuance, net original issue discount,
credit enhancement and any debt service reserve fund). The location of the Project shall be
approximately the area surrounding the intersection of County Road 73 and Highway 55, within the
City.
2. Reasonable Expectations. The City reasonably expects to reimburse itself for the payment of the
costs of the Project out of the proceeds of the Bonds to be issued after the date of payment of such
costs. As of the date hereof, the statements and expectations contained in this Declaration are
believed to be reasonable and accurate.
3. Permitted Reimbursable Capital Expenditures. Each expenditure to be reimbursed from the Bonds is
or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures
described in Section 1.150-2(d)(3) of the Regulations.
4. Limitations. The provisions of this Resolution are intended to have no application, to payments of
City project costs first made by the City out of the proceeds of bonds issued prior to the date of such
payments.
149
Resolution 2023-211
Page 2
5. Effective Date. This resolution is effective upon the date of its approval.
APPROVED by the City Council on this 8th day of August, 2023.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota,
certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on
August 8, 2023, with the original thereof on file in my office, and the same is a correct transcription
thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the city this ________day of
_______________________, 2023.
__________________________________
City Clerk
150