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HomeMy WebLinkAboutCity Council Packet 02-20-2024City Council 1 of 4 February 20, 2024 CITY OF PLYMOUTH AGENDA Regular City Council February 20, 2024, 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 4.1 Receive presentation from board/committee chairs on 2024 Work Plans EQC Work Plan Planning Work Plan HRA Work Plan PRAC Work Plan 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 February 6 Special February 6 Regular 6.2 Approve disbursements Invoice Expense Distribution City Council Resolution 2024-072 6.3 (Moved to Item 8.4) Approve the acquisition of certain property 1 City Council 2 of 4 February 20, 2024 Draft Alignment Draft Planning Commission Minutes Planning Commission Resolution - Findings of Fact Purchase Agreement Resolution (Tabled) 6.4 Approve 2024 compensation for the city manager City Council Resolution 2024-073 6.5 Approve 2024-2026 Labor Agreement with AFSCME, Council 5, Local 3445, Representing Plymouth Maintenance Employees Contract City Council Resolution 2024-074 6.6 (Moved to Item 8.3) Approve the 2024 Work Plans and Advisory Board Officer Appointments for the Planning Commission, Environmental Quality Committee, Housing and Redevelopment Authority, and Park and Recreation Advisory Commission EQC 2024 Work Plan - as amended Planning Work Plan HRA Work Plan PRAC Work Plan 6.7 Adopt resolution authorizing reimbursement from tax-exempt bonds for Plymouth Boulevard Project City Council Resolution 2024-075 6.8 Approve Cooperative Agreement with Hennepin County for the multi-use trail along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and Highway 55 (ST230004) Agreement Location Map City Council Resolution 2024-076 6.9 (Moved to Item 8.5) Approve council new purchasing policy and other policy amendments Credit Card Use Electronic Transaction Expense Reimbursement and Travel - as amended Abatement Financial Management Fund Balance Post Issuance Debt Compliance Private Activity Revenue Bond Financing Transit Policy Purchasing Policy and Procedures Electronic Timekeeping Policy Credit Card Use Policy markup 2 City Council 3 of 4 February 20, 2024 Electronic Transaction Policy markup Expense Reimbursement and Travel Policy markup Financial Management Policies markup Fund Balance Policy markup Post issuance debt compliance markup Private Activity Revenue Bond Financing markup Transit Policy markup City Council Resolution 2024-086 7.PUBLIC HEARINGS 7.1 Public hearing on wine and on-sale 3.2 percent malt liquor license applications of 4 Community Theatre, 2705 Annapolis Lane North Location Map Property Owners within 500' Floor Plans City Council Resolution 2024-077 7.2 Public hearing on vacation of easement at Lot 31 Block 1, Hollydale 2nd Addition Location Map Easement Vacation Survey City Council Resolution 2024-078 7.3 Public improvement and assessment hearing for the 15th Avenue Improvement Project (ST220003) Location Map Assessment Map Assessment Roll City Council Resolution 2024-079 City Council Resolution 2024-080 8.GENERAL BUSINESS 8.1 Declare vacancy in Ward 3 Council seat and establish process to fill vacancy Resignation Letter City Council Resolution 2024-071 8.2 Order and receive preliminary engineering report, order and approve plans and specifications, call for a public hearing, order advertisement for bids, declare costs to be assessed, order preparation of proposed assessments, and set public improvement and assessment hearings for the Plymouth Boulevard Improvements (ST240003) Preliminary Engineering Report City Council Resolution 2024-081 City Council Resolution 2024-082 City Council Resolution 2024-083 City Council Resolution 2024-084 City Council Resolution 2024-085 3 City Council 4 of 4 February 20, 2024 9.REPORTS AND STAFF RECOMMENDATIONS 9.1 Summary of City Manager Dave Callister's Performance Evaluation 10.ADJOURNMENT 4 Regular City Council February 20, 2024 Agenda Number:4.1 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Maria Solano, Deputy City Manager Item:Receive presentation from board/committee chairs on 2024 Work Plans 1.Action Requested: Receive presentation from board/committee chairs on 2024 Work Plans. 2.Background: The chair of each committee/commission will be present at the meeting to provide a high-level overview of their 2024 work plans and answer any questions. Approval of the work plans will take place on the consent agenda. 3.Budget Impact: NA 4.Attachments: EQC Work Plan Planning Work Plan HRA Work Plan PRAC Work Plan 5 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose To provide guidance for the review, consideration, initiation, and recommendation to the City Council such policies, plans or projects which will enhance and preserve the natural environment of the City. The EQC’s scope includes but is not limited to matters of water quality, wetland preservation, ground water protection, solid waste collection and disposal, recycling and reuse programs, ecological preservation, erosion control, and air, noise, and light pollution. City Council Strategic Themes 1. City Center 2.0 - Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2. Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3. Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4. City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING ▪ GreenStep Cities implementation ▪ Community Resiliency Plan development ▪ Volunteer participation and community leadership at events ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A FIRST QUARTER ▪ Refresher, Committee orientation and Organization ▪ Appoint Committee Chair & Vice Chair ▪ Environmental Academy Introduction and Planning ▪ SWPPP Public Information Meeting ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☒ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☒ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A SECOND QUARTER ▪ Adopt-A-Street (Spring) ▪ Drop off Day Evaluation ▪ Environmental Academy Planning ▪ Watershed Management Commission 4th Generation Planning Updates ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A THIRD QUARTER ▪ Environmental Academy Planning ▪ Environmental Academy Sessions ▪ TMDL and MS4 Permit Review ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A FOURTH QUARTER ▪ Environmental Academy Sessions ▪ Adopt-A-Street (Fall) ▪ FEMA Flood Mitigation Map Changes ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A Environmental Quality Committee 2024 WORK PLAN 6 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose 1. To prepare a Comprehensive Plan for the future development of the City to be submitted to the Council for implementation and to recommend amendments of the Plan to the Council periodically as may be necessary or desirable. 2. To initiate, direct, and review, from time to time, a study of the provisions of the Zoning Ordinance and the subdivision regulations and to report to the Council its advice and recommendations with respect thereto. 3. To study applications and proposals for amendments to the Zoning Ordinance and applications for special permits and to advise the Council of its recommendations thereon. 4. To study preliminary plats and to advise the Council of its recommendations thereof. 5. To act in an advisory capacity to the Council in all matters wherein powers are assigned to the Council by the Charter or state law, concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. City Council Strategic Themes 1. City Center 2.0 - Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2. Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3. Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4. City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING ▪ Review applications, hold public hearings and make recommendations to the City Council. ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A FIRST QUARTER ▪ Appoint Commission Chair & Vice Chair ▪ Annual City Code Updates ▪ Review Planned Unit Developments (PUDs) – (February 21) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A SECOND QUARTER ▪ Educational Topic #1 (Staff Presentation) – Parking (March 20) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A THIRD QUARTER ▪ Educational Topic #2 (Staff Presentation) – Solar ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A FOURTH QUARTER ▪ CIP Routed as Informational on Consent Agenda ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A Planning Commission 2024 WORK PLAN 7 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose The Plymouth Housing and Redevelopment Authority (HRA) promotes and contributes to the economic health of the community through the creation and maintenance of affordable, workforce and life-cycle housing and active participation in the City’s development and redevelopment processes. City Council Strategic Themes 1.City Center 2.0 -Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion, and community vitality. 2.Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3.Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4.City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors, and events. GOALS/PLANNING Strategic Priorities ON-GOING Monitor the HRA’s housing programs and services; the operations and finances of two senior buildings.☐1 ☐2 ☐3 ⾙4 ☐NA FIRST QUARTER Review HRA Strategic Plan Review TIF Program Review CDBG Annual Action Plan + Home Rehab Funds Review HRA’s scattered site rental program ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA SECOND QUARTER Consider new programming for Naturally Occurring Affordable Housing (NOAH) Consider use of pooled TIF ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA THIRD QUARTER Discuss HRA budget and tax levy HRA legislative priorities and recommendations ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA FOURTH QUARTER Review annual Work Plan and new initiatives for 2025 ☐1 ☐2 ☐3 ⾙4 ☐NA HOUSING AND REDEVELOPMENT AUTHORITY -HRA 2024 WORK PLAN 8 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose The purpose of the Parks and Recreation Advisory Commission is to review current and future community park and recreation needs, programs, and facilities and recommendations which will promote the implementation of the city’s park and recreation plans. City Council Strategic Themes 1.City Center 2.0 -Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2.Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3.Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4.City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING Review current and future community park and recreation needs,programs,and facilities and recommend actions which will promote the implementation of the City’s Park and Recreation plans ⾙1 ☐2 ⾙3 ☐4 ☐NA FIRST QUARTER Appoint Commission Chair &Vice Chair PRAC 2024 Work Plan Organizational Development Update Plymouth Ice Center Update 2024 Special Events ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1☐2 ☐3 ☐4 ⾙NA ☐1☐2 ☐3 ⾙4 ☐NA ⾙1 ⾙2 ☐3⾙ 4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA SECOND QUARTER 2023 Annual Department Report Review VolunteerOperations Plymouth Blvd Construction Update ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1 ☐2 ⾙3 ⾙4 ☐NA ⾙1 ⾙2 ⾙3 ☐4 ☐NA THIRD QUARTER Parks Tour Old Town Hall Update Fees and Policies ☐1 ☐2 ⾙3 ☐4 ☐NA ⾙1 ☐2 ⾙3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA FOURTH QUARTER Aquatics Update Inclusion Update 2025 Meeting Schedule ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA Parks and Recreation Advisory Commission 2024 WORK PLAN 9 Regular City Council February 20, 2024 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: February 6 Special February 6 Regular 10 Proposed Minutes 1 of 1 Special Meeting of February 6, 2024 Proposed Minutes Special Council Meeting February 6, 2024 Mayor Wosje called a Special Meeting of the Plymouth City Council to order at 5:00 p.m. at Plymouth City Hall, 3400 Plymouth Boulevard, on February 6, 2024. PLYMOUTH COUNCIL PRESENT: Mayor Wosje, Councilmembers McGregor, Peterson, Willis, Gregor, and Pointner. PLYMOUTH COUNCIL ABSENT: Councilmember Davis. PLYMOUTH STAFF PRESENT: City Manager Callister and Human Resources Director Timpone. Closed Meeting per State Statute 13D.05, Subdivision 3(a) to conduct City Manager’s annual performance evaluation Motion was made by Councilmember Willis and seconded by Councilmember Peterson, to go into closed meeting per State Statute 13D.05, Subdivision 3(a) to conduct City Manager’s annual performance evaluation. With all members voting in favor, the motion carried. A summary of the City Council’s findings regarding the evaluation will be presented at the February 20 regular council meeting. Future Study Sessions This item was moved to the regular meeting agenda. Adjournment Mayor Wosje adjourned the meeting at 6:59 p.m. Jodi M. Gallup, City Clerk/Administrative Coordinator 11 Proposed Minutes Page 1 of 5 Regular Meeting of February 6, 2024 Proposed Minutes Regular City Council Meeting February 6, 2024 Mayor Wosje called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 6, 2024. COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, McGregor, Peterson, Pointner, and Gregor. COUNCIL ABSENT: Councilmember Davis. STAFF PRESENT: City Manager Callister, Deputy City Manager Solano, Public Safety Director Fadden, Fire Chief Coppa, Public Works Director Thompson, Engineering Services Manager McKenzie, Community and Economic Development Director Fernelius, Planning Manager McGuire, Senior Planner Sommers, Park and Recreation Director Tomlinson, Human Resources Director Timpone, Finance Director Rich, Management Intern Nwachi, City Attorney Mattick, and City Clerk/Administrative Coordinator Gallup. Plymouth Forum Steve Japs, 4570 Weston Lane N., discussed climate change and recommended the reduction and elimination of greenhouse gases by 2050. James Williams, 12825 43rd Avenue N., reviewed the Rotary Club’s donations and requested to waive the Health Fair and monthly Community Center fee. Presentations and Public Information Announcements There were no presentations or public information announcements. Approval of Agenda Motion was made by Councilmember Pointner, and seconded by Councilmember Peterson, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Willis requested item No. 6.3 be removed from the Consent Agenda and placed under General Business as No. 8.2. Motion was made by Councilmember Pointner, and seconded by Councilmember Gregor, to adopt the Consent Agenda that included the following items: 12 Proposed Minutes Page 2 of 5 Regular Meeting of February 6, 2024 (6.1)Council minutes from regular meeting of January 23 and special meeting of January 31, 2024. (6.2)Resolution approving disbursements ending January 26, 2024 (Res2024-052). (6.3)(This item was removed from the Consent Agenda and placed under General Business as item No. 8.2). (6.4)Resolution approving a grant agreement with the Minnesota Department of Public Safety for the Project Urban Area Security Initiative (UASI) grant (Res2024-053). (6.5)Resolution accepting donation from the Plymouth Crime and Fire Prevention Fund (Res2024- 054). (6.6)Resolution accepting donation from the Plymouth Crime and Fire Prevention Fund (Res2024- 055). (6.7)Resolution approving a home occupation license for Daniel Makepeace to operate a basketball training business out of the home located at 1315 Oakview Lane (2023091) (Res2024-056). (6.8)Resolution approving supplemental agreement for the 36th Avenue Rehabilitation Project (ST250002) (Res2024-057). (6.9)Resolution approving tobacco license application of CAPL Retail LLC d/b/a Joe’s Kwik Mart, 4140 Berkshire Lane North (Res2024-058). (6.10) Resolution ordering preliminary engineering report for the 2024 Street Rehabilitation Project (ST249002) (Res2024-059), Resolution receiving preliminary engineering report, ordering preparation of plans and specifications, and calling for a public hearing for the 2024 Street Rehabilitation Project (ST249002) (Res2024-060), Resolution approving plans and specifications, and ordering advertisement for bids for the 2024 Street Rehabilitation Project (ST249002) (Res2024-061), Resolution declaring cost to be assessed, and ordering preparation of proposed assessment for the 2024 Street Rehabilitation Project (ST249002) (Res2024-062), and Resolution calling for hearing on proposed assessment for the 2024 Street Rehabilitation Project (ST249002) (Res2024-063). Public Hearings (7.1)Continue public hearing on proposed city charter amendment by ordinance Motion was made by Councilmember Peterson, and seconded by Councilmember Willis, to continue the public hearing until April 9, 2024. With all members voting in favor, the motion carried. (7.2)Public Hearing on the on-sale intoxicating liquor license application with Sunday sales of Lago Plymouth LLC d/b/a Lago Tacos, 3500 Vicksburg Lane North #500 City Clerk/Administrative Gallup presented this item and noted staff recommended approval. 13 Proposed Minutes Page 3 of 5 Regular Meeting of February 6, 2024 Mayor Wosje opened the public hearing. Jason Hines, 3500 Vicksburg Lane, expressed his excitement about working in the City of Plymouth and announced an anticipated opening date of mid-March. Mayor Wosje closed the public hearing. Motion was made by Councilmember Willis, and seconded by Councilmember Peterson, to adopt Resolution approving on-sale intoxicating liquor license application with Sunday sales of Lago Plymouth LLC d/b/a Lago Tacos, 3500 Vicksburg Lane North #500 (Res2024-064). With all members voting in favor, the motion carried. General Business (8.1)Approve land use guide plan amendments, PUD amendment, PUD general plan, and preliminary plat to allow a mixed-use development with 330-unit apartment with parking spaces, 5,600 square foot retail building with an additional 5,000 square feet of retail available within the apartment building, and 12 townhomes located north of Highway 55, south of 10th Avenue, east of South Shore Drive, and west of Revere Lane (Dietrich Development - 2023060) Senior Planner Sommers presented this item. She described the updated changes from the previous City Council meeting’s sketch plan and neighborhood feedback and noted staff recommended approval. Fire Chief Coppa stated he was satisfied with the emergency access. Cody Dietrich, applicant,described the updated feedback he received from City Council and neighborhood meetings. He also explained the purpose and functionality of the additional 5,000 square foot parking garage with potential of retail space if desired. James Johanssan, 10522 8th Avenue N., expressed his concern regarding litter blowing into the ponds and suggested including a fence in the plans. Aaron Crohn, 10205 27th Avenue N., expressed his concerns regarding apartment and retail vacancy, potential ground asbestos, and public and environmental safety. Joe Benz, 834 Trenton Lane N., noted the absence of Ward 3 Councilmember Davis and expressed concern over pedestrian and bicycle safety. He suggested an increase in sidewalks and a widening of certain narrow streets. In response to questions from the City Council, Senior Planner Sommers, and Cody Dietrich, Public Works Director Thompson, Engineering Services Manager McKenzie, and Community and Economic Development Director Fernelius provided the following information: Explained landscaping and retaining wall options for the wetland barrier Cost of rent as it pertains to affordable housing Public Improvement Plan will address sidewalk and trail concerns Traffic study did not note any concerns with narrowing streets and parking 14 Proposed Minutes Page 4 of 5 Regular Meeting of February 6, 2024 Small area study concluded the 5,000 square footage is an appropriate size for the commercial retail City Council agreed to retain the 5,000 square foot area with the flexibility for it to be used as parking until retail development occurs. Motion was made by Councilmember Gregor, and seconded by Councilmember Pointner, to adopt Resolution approving a comprehensive plan amendment to reguide roughly 16-acres from C-O and P-I to MXD and transportation plan amendment for “Highway 55 apartments” (2023060) (Res2024-065), Ordinance amending Chapter 21 (zoning ordinance) of the Plymouth City Code relating to the Village at Bassett Creek Planned Unit Development District for property located north of Highway 55, south of 10th Avenue, east of South Shore Drive and west of Revere Lane (2023060) (Ord2023-02), Resolution approving summary publication of Ordinance No. 2024-02 (2023060) (Res2023-066), Resolution approving a PUD amendment for Dietrich Development, LLC and JNA 55 for “Highway 55 apartments” for property located north of Highway 55, south of 10th Avenue, east of South Shore Drive and west of Revere Lane (2023060) (Res2023-067), Resolution approving findings of fact for amending the zoning ordinance text related to the Village at Bassett Creek PUD for property located at north of Highway 55, south of 10th Avenue, east of South Shore Drive and west of Revere Lane (2023060) (Res2023-068), and Resolution approving a PUD general plan and preliminary plat for Dietrich Development, LLC and JNA 55 for “Highway 55 apartments” for property located north of Highway 55, south of 10th Avenue, east of South Shore Drive and west of Revere Lane (2023060) (Res2024-069). With all members voting in favor, the motion carried. (8.2)Approve Cooperative Agreement for the MnDOT Highway 55 Resurfacing Project (ST230004) (Previously item No. 6.3) Council Member Willis requested this item be pulled for staff to provide a brief report to the public. Engineering Services Manager McKenzie provided an overview of the project, noting more information is available on the city’s website. MnDOT will hire a communications consultant to work with Plymouth residents and provide updates and communications. Construction will begin in April with an anticipated end date of November or December and more information will be provided at a later City Council meeting. Motion was made by Councilmember Willis, and seconded by Councilmember Gregor, to adopt Resolution approving cooperative agreement for the MnDOT Highway 55 Resurfacing Project 2723-144 (ST230004) (Res2024-070). With all members voting in favor, the motion carried. Reports and Staff Recommendations City Manager Callister and the council reached consensus on setting future study sessions as follows: Discuss liquor license violations penalty grid, massage enterprise license limits, and discuss 2024 pending/potential projects list on February 20 at 5:30 p.m. Discuss inclusionary housing policy on March 26 at 5:00 p.m. Adjournment 15 Proposed Minutes Page 5 of 5 Regular Meeting of February 6, 2024 Mayor Wosje adjourned the regular meeting at 8:07 p.m. _________________________________________ Jodi Gallup, City Clerk/Administrative Coordinator 16 Regular City Council February 20, 2024 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 2/9/24. 3.Budget Impact: N/A 4.Attachments: Invoice Expense Distribution City Council Resolution 2024-072 17 Invoice Expense Distribution for Period Ended 2/9/24 Council Meeting 2/20/24                                FUND 100 General Fund 297,686.15 200 Recreation Fund 58,930.03 210 Parker's Lake Cemetery Maint 0.00 215 Destination Marketing Org Fund 35,566.00 220 Transit System Fund 2,899.64 234 Economic Development Fund 0.00 240 Lawful Gambling 0.00 250 Comm Dev Block Grant Fund 30,418.44 254 HRA Section 8 Fund 510.00 254 HAP Check Summary 322,013.27 258 HRA General Fund 597.42 308 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 193,412.20 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 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 188,103.01 417 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 193,012.62 500 Water Fund 323,425.38 510 Water Resources Fund 374,754.07 520 Sewer Fund 6,452.94 530 Solid Waste Management Fund 0.00 540 Ice Center Fund 75,940.82 550 Field House Fund 9,578.50 600 Central Equipment Fund 85,475.38 610 Public Facilities Fund 49,370.65 620 Information Technology Fund 49,694.17 630 Risk Management Fund 54,817.86 640 Employee Benefits Fund 53,280.78 660 Resource Planning 704.51 700 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:2,406,643.84 18 CITY OF PLYMOUTH RESOLUTION NO. 2024-072 RESOLUTION APPROVING DISBURSEMENTS ENDING FEBRUARY 9, 2024 WHEREAS, a list of disbursements for the period ending February 9, 2024 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 $ 425,500.26 Construction & Debt Service $ 574,527.83 Enterprise & Internal Service $ 1,083,495.06 Housing Redevelopment $ 1,107.42 Check Register Total $ 2,084,630.57 US Bank – Housing Assistance Payments Housing & Redevelopment Authority $ 322,013.27 $ 322,013.27 GRAND TOTAL FOR ALL FUNDS $ 2,406,643.84 Additionally, the US Bank Check Register amounts split by type of payment follow: EFT 110,085.46 Check (#163112-163406) 1,974,545.11 Total $2,084,630.57 APPROVED by the City Council on this 20th day of February, 2024. 19 Regular City Council February 20, 2024 Agenda Number:6.3 To:Dave Callister, City Manager Prepared by:Chloe McGuire, Planning and Development Manager Reviewed by:Grant Fernelius, Community and Economic Development Director Item:(Moved to Item 8.4) Approve the acquisition of certain property 1.Action Requested: Adopt the resolution approving the acquisition of certain property. 2.Background: The city is considering purchasing a piece of property for future frontage road connection, consistent with city plans. The piece of property is unaddressed and is generally west of Park Nicollet and east of the Rose Garden Subdivision with the PID 1811822120007. The city does not plan to develop the parcel, but instead use it for future frontage road connection. The city plans to construct the frontage road connection in 2025. The draft purchase agreement is attached for reference purposes. Minor changes may be made to the Purchase Agreement based upon City Attorney and seller preferences. The Planning Commission reviewed at their meeting on February 7, 2024 and made findings (5- 2) for consistency with the Comprehensive Plan. The Planning Commission asked about general constructability of the property. Planning and Public Works/Engineering staff met and reviewed publicly available data related to the property, and do believe the property is constructible for a frontage road. Design for the frontage road has not been completed, property acquisition will allow staff to continue frontage road design and further analysis for estimated construction in 2025. Staff will conduct further investigation, land surveying, and environmental review based on standard public road construction practices if the City Council chooses to move forward with the purchase. Planning Commission also asked about the purchase price, which was discussed by the City Attorney and Public Works/Engineering and Community/Economic Development staff and City Manager who agreed this was fair compensation for the land based on the list price, compared to the alternative risks related to condemnation. 3.Budget Impact: 20 The budget impact for this action is approximately $250,000 from the Street Reconstruction Fund. This acquisition expenditure was anticipated when the Capital Improvement Plan was assembled for this 2025 construction year project. 4.Attachments: Draft Alignment Draft Planning Commission Minutes Planning Commission Resolution - Findings of Fact Purchase Agreement Resolution (Tabled) 21 Urbandale Ct N Hamel Rd C o Rd101 F r o n t a g e R d Pe ony Ln N County Road 101 Frontage Rd ¬«55 ")101 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. 2025 Hamel Road ExtensionCity Project ST170002Ü0400FeetDRAFT ALIGNMENT 22 1 Proposed Minutes February 7, 2024 Proposed Minutes Planning Commission Meeting February 7, 2024 Chair Boo called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 7, 2024. COMMISSIONERS PRESENT: Chair Michael Boo, Marc Anderson, Julie Olson, Jennifer Jerulle, Bill Wixon, Josh Fowler, and Neha Markanda COMMISSIONERS ABSENT: None STAFF PRESENT: Planning and Development Manager Chloe McGuire Chair Boo led the Pledge of Allegiance. Call to Order Approval of Agenda Motion was made by Commissioner Jerulle and seconded by Commissioner Markanda to approve the agenda. With all Commissioners voting in favor, the motion carried. Consent Agenda (4.1) Planning Commission minutes from meeting held on January 17, 2024. (4.2) Review city land purchase for consistency with comprehensive plan. (4.3) Review 2023 annual report. Commissioner Anderson requested to remove item 4.2 from the consent agenda for further discussion. Motion was made by Commissioner Olson and seconded by Commissioner Anderson to approve the consent agenda as amended. With all Commissioners voting in favor, the motion carried. (4.2) Review city land purchase for consistency with comprehensive plan. Planning and Development Manager McGuire presented the staff report. Chair Boo asked the guiding of the property within the comprehensive plan. Planning and Development Manager McGuire replied that the property is guided as residential. 23 2 Proposed Minutes February 7, 2024 Commissioner Anderson asked if the requirement for the planning commission to review a potential land acquisition is a new stipulation as he could not recall reviewing other land acquisitions the city has made. Planning and Development Manager McGuire replied that the stipulation is not new, however a super majority vote of the council can bypass the requirement for the planning commission to review. Commissioner Anderson commented that connecting the roads would be consistent with the comprehensive plan but was unsure that overpaying for the property would be consistent with the comprehensive plan. Planning and Development Manager McGuire commented that the property is listed at $250,000 and the city has offered that value. Commissioner Anderson asked the due diligence that has been done on the property. Planning and Development Manager McGuire commented that the city has not tested the soils, but does have some information based on previous concepts that have been proposed for the property. Commissioner Anderson commented that soil testing and other assessments should be completed as due diligence prior to buying property for development purposes. He stated that without that knowledge, the cost to build the road could increase and therefore would have a hard time supporting the item without that information. Commissioner Wixon referenced the statement that this would be a challenging property to build on and asked if that would provide room for negotiation on the price of the property. Planning and Development Manager McGuire commented that the property is challenging to build on because of the frontage the city would take for the road frontage. She stated that price of the property is outside of the scope of the commission. She stated that the property is needed for the road frontage for the and this would be a good time to acquire the property as it is listed for sale. She explained that this is an important connection that has been identified and the funding will be provided from public works. Commissioner Markanda asked how immediate the need is for a frontage road. Planning and Development Manager McGuire was unsure but noted that staff has been looking as designs for the roadway. She stated that the property is listed for sale at this time, which is why public works would like to move forward at this time. Commissioner Olson stated that within the purchase agreement there is language that the soil testing would be done at the expense of the city. She asked if the seller has provided a survey. Planning and Development Manager McGuire replied that she believed a survey was available for the property. 24 3 Proposed Minutes February 7, 2024 Chair Boo noted that Highway 55 is a high-speed roadway and the current frontage road ends at a point which allows traffic to immediately enter the high-speed area of Highway 55. He commented that this connection would allow residential traffic to travel to a controlled intersection rather than immediately entering Highway 55. He commented that this proposed acquisition and use would be consistent with the comprehensive plan and noted that the other comments and concerns of the commission have been noted. Commissioner Jerulle commented that in a quick review of Zillow, this price would seem consistent. She asked if the seller approached the city or if the seller approached the city. Planning and Development Manager McGuire commented that the city approached the seller with an offer, noting that the city does have a relationship with the seller as they have proposed multiple concepts for the property going back to 2018. Motion was made by Commissioner Jerulle and seconded by Commissioner Fowler to recommend to the city council that this potential property acquisition would be consistent with the comprehensive plan. With a vote of 5 – 2 (Anderson, Markanda opposed), the motion carried. Public Hearing New Business (6.1) Election of planning commission chair and vice chair for 2024 Chair Boo opened nominations for the position of chair. Commissioner Anderson nominated Michael Boo to continue in the roll of chair for 2024. There were no other nominations. Motion was made by Anderson and seconded by Commissioner Olson to recommend appointment of Michael Boo as chair for 2024. With all Commissioners voting in favor, the motion carried. (Boo abstained) Chair Boo opened nominations for the position of vice chair. Commissioner Olson nominated Marc Anderson to continue in the roll of vice chair for 2024. Commissioner Anderson commented that while he would be willing to continue to serve in that roll, he would step down if another wanted to serve in the position. There were no other nominations. Motion was made by Wixon and seconded by Commissioner Markanda to recommend appointment of Marc Anderson as vice chair for 2024. With all Commissioners voting in favor, the motion carried. 25 4 Proposed Minutes February 7, 2024 (6.2) Approve 2024 work plan Planning and Development Manager McGuire presented the staff report. Chair Boo commented that the commission had a good discussion about items for education the commission would be interested in as well as some of the issues the city may be facing. He believed that this plan addressed those items. He commented that it would seem that the commission would need more background information on these topics before considering a potential ordinance change, and therefore would proposed to hold two or three educational sessions on these topics. Planning and Development Manager McGuire reviewed the proposed timeline for those reviews. Motion was made by Anderson and seconded by Commissioner Olson to approve the 2024 work plan and send to city council for final approval. With all Commissioners voting in favor, the motion carried. Adjournment Chair Boo adjourned the meeting at 7:33 p.m. 26 CITY OF PLYMOUTH PLANNING COMMISSION RESOLUTION NO. 2024- RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN PROPERTY BY THE CITY OF PLYMOUTH IS IN COMPLIANCE WITH THE CITY’S COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Plymouth (“City”) has proposed to acquire certain real property legally described as follows: Tract D, Registered Land Survey No. 187, Hennepin County, Minnesota ("Property"); and WHEREAS, the proposed acquisition of the Property has been submitted to the Planning Commission for its review and issuance of a written report of its findings pursuant to Minn. Stat. § 462.356, subd. 2; and WHEREAS, the Planning Commission has reviewed the proposed acquisition of the Property as it relates to the City’s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Plymouth, Minnesota, that acquisition of the Property is found to be consistent with the City’s Comprehensive Plan. ADOPTED this 7 day of February, 2024, by the Planning Commission of the City of Plymouth, Minnesota. PLYMOUTH PLANNING COMMISSION By: _______________________________ ___________________, Chair 27 229564v6 1 VACANT LAND PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement (“Agreement”) is made on the _____ day of ______________, 2024, (“Effective Date”) by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, located at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447-1482 (“Buyer”), and APRAJITA PURI and SUNIL PURI, spouses married to each other, whose address is 3865 Ziron Lane North, Plymouth, Minnesota 55446 (collectively “Sellers”). 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Sellers agree to sell real property located in the County of Hennepin, State of Minnesota, legally described as follows: Tract D, Registered Land Survey No. 187, Hennepin County, Minnesota (the “Property”). 3. PRICE AND TERMS. The purchase price for the real property included in this sale is Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00), (the “Purchase Price"). The Purchase Price (adjusted for prorations in accordance with this Agreement) is to be paid to Sellers on the Closing Date (as hereinafter defined) by wire transfer or other certified funds. 4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Sellers shall execute and deliver a Warranty Deed, conveying good and marketable title of record, subject to: A. Reservations of minerals or mineral rights by the State of Minnesota, if any; B. Building and zoning laws, ordinances, state and federal regulations; C. Permitted Encumbrances as provided under Paragraph 9 of this Agreement. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Sellers shall pay all general real estate taxes and installments of special assessments due and payable in the year prior to the Date of Closing and in years prior thereto. Real estate taxes due and payable in and for the year of closing shall be prorated between Sellers and Buyer on a calendar year basis to the actual Date of Closing; B. Sellers shall pay on or before the Date of Closing all levied and pending special assessments; C. Buyer shall pay on date of closing any deferred real estate taxes (including “Green Acres" taxes under MINN. STAT. §273.111) or special assessments payment of which is required as a result of the closing of this Agreement; D. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter. 6. SELLERS’ BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Sellers warrant that, to Sellers’ knowledge, without investigation, buildings 28 229564v6 2 on adjoining real property, if any, are entirely outside of the boundary lines of the property. Sellers warrant that, to Sellers’ knowledge, without investigation, there is a right of access to the real property from a public right of way. Sellers warrant that there has been no labor or material furnished to the property for Sellers for which payment has not been made. Sellers warrant that, to Sellers’ knowledge, without investigation, there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the Deed or Contract for Deed for a period of six (6) months. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Sellers, Buyer and Buyer’s authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Property in order to make, at Buyer’s expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Property and to indemnify, hold harmless and defend Sellers from any and all claims by third persons of any nature whatsoever arising from Buyer’s right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Property without Sellers’ prior written consent. Sellers’ consent may be conditioned upon any restrictions that Sellers deems necessary. Notwithstanding the foregoing, Buyer’s liability shall not exceed the limits provided under Minn. Stat. Ch. 466. 8. POSSESSION. Sellers shall deliver possession of the Property not later than the actual Date of Closing. 9. TITLE INSURANCE. A. Within ten (10) days of the Effective Date, Buyer shall order a commitment prepared by Land Title (“Title Company”), for an Owner’s current Form ALTA title insurance policy commitment the Title Company to insure good and marketable title to the Property free and clear of liens, mortgages, charges or encumbrances, except the Permitted Encumbrances, and including copies of all items of record identified therein (“Title Commitment”). B. Within (15) business days after receipt of the Title Commitment, Buyer may make written objections (“Objections”) to the form and/or contents of the Title Commitment. Any items shown in the Title Commitment and not objected to by Buyer shall be deemed to be Permitted Encumbrances. 10. TITLE CORRECTIONS AND REMEDIES. Sellers shall have thirty (30) days from receipt of Buyer’s written title objections to make title marketable. Upon receipt of Buyer's title objections, Sellers shall, within ten (10) business days, notify Buyer of Sellers’ intention to make title marketable within the 30 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of Closing shall not delay the Closing. Cure of the defects by Sellers shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Closing shall be postponed. Upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, the Buyer (at Buyer’s option) shall have the right to: (a) terminate this Agreement in which case the parties will have no further rights, duties or obligations 29 229564v6 3 hereunder, except those obligations that expressly survive termination, or (b) accept title to the Property subject to the objections Sellers have elected not to cure, without reduction in the amount of the Purchase Price, in which case such objections to title will be deemed to have become Permitted Encumbrances. 11. WELL DISCLOSURE. [Check one of the following:] X Sellers certify that Sellers do not know of any wells on the Property. Wells on the Property are disclosed by Sellers on the attached Well Disclosure form. 12. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check one of the following:] X Sellers certify that Sellers do not know of any individual on-site sewage treatment systems on the Property. Individual on-site sewage treatment systems on the Property are disclosed by Sellers on the attached Disclosure form. 13. SELLERS’ COVENANTS, REPRESENTATIONS AND WARRANTIES. Sellers do hereby covenant, warrant and represent to the Buyer as follows: A. Sellers have or as of the Date of Closing will have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Exceptions. B. To Sellers’ actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Sellers with respect to the Property prior to the date hereof. D. Except as provided herein, Sellers shall indemnify and defend Buyer and otherwise hold Buyer harmless of, from and against any broker who may be entitled to any commission or finder’s fee in connection with the transaction contemplated herein to the extent arising from Sellers’ actions. E. To Sellers’ actual knowledge, there are no underground storage tanks or wells on the Property, it being understood that the foregoing representation shall be recited in the deed to be delivered by the Sellers at Closing. F. Sellers are not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. 30 229564v6 4 G. To Sellers’ actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Sellers with respect to the Property. H. To Sellers’ actual knowledge: (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 U.S.C. §6901, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601, et seq.), including, without limitation, any asbestos or asbestos-related products or materials and any oils, petroleum-derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and (ii) the Property is free of Hazardous Materials and is not subject to any “superfund” type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. Sellers shall indemnify and hold Buyer harmless from any and all claims, causes of action, damages, losses, or costs (including reasonable lawyer’s fees) relating to breach of the foregoing representations and warranties by Sellers or to hazardous substances or petroleum products in the subsoil or ground water of the Subject Property or other property in the area which arise from or are caused by acts or occurrences upon the Subject Property prior to Buyer taking possession. These warranties and indemnifications shall survive the delivery of the Warranty Deed for a period of twelve (12) months after the Date of Closing. I. Methamphetamine Disclosure. To Sellers’ knowledge, methamphetamine production has not occurred on the Property. J. Protected Historical Sites. [Select either one of the following:] Sellers represent that Sellers do not know if there are historical, Native American, or archeological materials on or in the Property that might be protected by law. X To Sellers’ knowledge, the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Buyer’s obligation to close is contingent upon Buyer determining to Buyer’s satisfaction that the property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. K. No part of the Property is subject to an agricultural preserve covenant or constitutes an agricultural preserve pursuant to Minn. Stat. § 473H.02 to 473H.17. L. Sellers has not engaged a broker in relation to the sale of the Property. 31 229564v6 5 14. RELOCATION. Sellers are aware of Sellers’ rights and payments that Sellers may be eligible to receive pursuant to the Uniform Relocation Assistance Act (the “Act”). Sellers acknowledge that Sellers have been given the opportunity to seek and receive the advice of legal counsel with respect to relocation, moving, reestablishment, and other costs, if any, that may be available under the Act. Sellers and Buyer agree that this is a voluntary sale by Sellers. Buyer represents that Buyer would not acquire the Property in the event that negotiations between Sellers and Buyer had failed to result in an amicable agreement. If the transaction set forth by this Agreement is not completed, Buyer has no present intent to acquire the property by eminent domain and has not considered the use of eminent domain. If this Agreement is terminated for any reason, Sellers are free to retain ownership of the Property or to sell the Property on the private market. As Buyer and Sellers agree that this is a voluntary sale, state and federal law permit the Buyer to request a waiver of relocation benefits from Sellers, as provided under Minn. Stat. § 117.521. Therefore, Sellers hereby waives all rights it may have under Chapter 117 of the Minnesota Statutes to relocation benefits. Sellers’ waiver and obligations under this Paragraph shall survive Closing. 15. CLOSING. The closing (the “Closing”) of the purchase and sale contemplated by this Agreement shall occur at a location designated by Buyer and shall be completed through escrow of closing documents and funds with the Title Company. Unless terminated earlier or extended as provided herein, the date for closing the sale and purchase of the Properties (the “Closing”) shall be on a date mutually agreed to by the parties but not later than ______________, 20__ (the “Closing Date”). Unless otherwise agreed by the parties in writing, in the event that any of the contingencies provided for in this Agreement are not satisfied prior to the Date of Closing, this Agreement shall be null and void and of no further force and effect. At closing, Sellers and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 16. CLOSING DOCUMENTS. A. At the Closing, Sellers shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): (1) Warranty Deed. A Warranty Deed in recordable form and reasonably satisfactory to Buyer, which shall include the following well representations: “Sellers certify that the Sellers do not know of any wells on the described Property.” (2) Seller’s Affidavit. A standard form affidavit by Sellers indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Sellers or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. 32 229564v6 6 (3) Non-Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Sellers, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Sellers are not a “foreign person” as defined in §1445(f)(3) of such Code and such regulations. (4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. (5) Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording. (6) Certification. A certification that the representations and/or warranties made by Sellers are materially the same as were in existence on the date of this Agreement or noting any changes thereto; and (7) Other Documents. All other documents reasonably determined by either party or the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Buyer shall execute and deliver to Sellers the following: (1) All documents reasonably determined by either party or the title insurance company to be necessary to provide title insurance for the Property; and (2) Payment of the Purchase Price. 17. CLOSING COSTS. The following costs relating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: (1) Recording fee for the Warranty Deed; (2) Costs of title insurance commitment; (3) One-half the closing fee; (4) The premium for owner’s title insurance, including survey coverage; (5) Pro-rated taxes; (6) One-half of any closing costs due to Title Company; and (7) All of Buyer’s remaining costs to close not otherwise specified in this paragraph. B. Sellers shall pay: (1) State deed tax; (2) Pro-rated taxes; (3) One-half of the closing fee; (4) Conservation fee attributable to said deed; (5) One-half of any closing costs due to Title Company; and (6) All of Sellers’ remaining costs to close not otherwise specified in this paragraph. 33 229564v6 7 18. BUYER’S CONTINGENCIES. Buyer’s obligations under this Agreement are contingent upon Buyer’s satisfaction with each of the following prior to the Closing Date (“Buyer’s Contingencies”): (a) The representations and warranties of Sellers set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date; and (b) Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the Property Documents and the results of matters disclosed by a Phase I Environmental Audit or by any additional environmental/engineering investigation or testing of the Property performed by Buyer or Buyer's agent. By executing this Agreement, Sellers hereby authorize Buyer to enter upon the Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Sellers harmless from any such costs and shall indemnify Sellers for breach of this provision including reasonable attorneys' fees. If the Buyer’s Contingencies have not been satisfied on or before the Closing Date, then Buyer may, at Buyer’s option, (a) terminate this Agreement in which case the parties will have no further rights, duties or obligations hereunder, except those obligations that expressly survive termination, or (b) waive any such unsatisfied contingency, without reduction in the amount of the Purchase Price, and proceed to Closing. The contingencies set forth in this section are for the sole and exclusive benefit of Buyer, and Buyer shall have the right to waive the contingencies by giving notice to Sellers. 19. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown below, and if mailed, are effective as of the date of mailing: TO SELLERS: Aprajita and Sunil Puri 3865 Ziron Lane North Plymouth, MN 55446 TO BUYER: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Attn: City Manager 20. BROKER’ S COMMISSION. Each party represents to the other that it has not engaged any party as a broker in connection with the transactions contemplated by this Agreement, other than RE/MAX Results, Sellers’ broker (“Sellers’ Broker”). Sellers will indemnify Buyer from and against any and all liability to which Buyer may be subjected by any broker’s, finder’s, or 34 229564v6 8 similar fee with respect to the transactions contemplated by this Agreement to the extent such fee is attributable to any action undertaken by or on behalf of Sellers or any affiliate of Sellers, including any claim by Sellers’ Broker or any employee or agent of Sellers’ Broker. Buyer will indemnify Sellers from and against any and all liability to which Sellers may be subjected by reason of any broker’s, finder’s or similar fee with respect to the transactions contemplated by this Agreement to the extent such fee is attributable to any action undertaken by or on behalf of Buyer. 21. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 22. SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 23. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 24. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 25. SIGNATURES BY COUNTERPART; FASCIMILE OR ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts. Signatures may be transmitted via facsimile or in “PDF” format via e-mail. [Remainder of page intentionally left blank] [Signature pages to follow] 35 229564v6 9 The City agrees to buy the Property for the price and terms and conditions set forth above. BUYER: CITY OF PLYMOUTH By: ____________________________ Jeffry Wosje, Mayor And: ___________________________ Dave Callister, City Manager 36 229564v6 10 The Sellers agree to sell the Property for the price and terms and conditions set forth above. SELLERS: By: ____________________________ Aprajita Puri And: ____________________________ Sunil Puri 37 CITY OF PLYMOUTH RESOLUTION NO. 2024- RESOLUTION APPROVING THE ACQUISITION OF CERTAIN PROPERTY WHEREAS, the City of Plymouth (“City”) is proposing to acquire certain real property legally described as follows: Tract D, Registered Land Survey No. 187, Hennepin County, Minnesota ("Property"); and WHEREAS, the City has received and reviewed the proposed Agreement for the acquisition of the Property to be entered into by and between the City and the owners of the Property; and WHEREAS, the Planning Commission has reviewed the proposed acquisition of the Property and has found that such acquisition is in conformance with the City’s Comprehensive Plan; and WHEREAS,the City Council finds that the acquisition of the Property is in the public’s interest and furthers the aims and purposes of the City; and WHEREAS, the Property is not under the threat of condemnation and the acquisition is a voluntary sale. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTA that: 1. The land acquisition is approved. 2. The Purchase Agreement is hereby approved. 3. The City Attorney and City staff are authorized to finalize all documents necessary to complete the acquisition of the Property. 4. The Mayor and City Manager are authorized to execute any and all documents necessary and required under the terms of the Agreement to effect the acquisition of the Property. APPROVED by the City Council on this 20th day of February, 2024. 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 February 20, 2024, 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 38 Regular City Council February 20, 2024 Agenda Number:6.4 To:Dave Callister, City Manager Prepared by:Ali Timpone, Human Resources Director Reviewed by:Maria Solano, Deputy City Manager Item:Approve 2024 compensation for the city manager 1.Action Requested: Motion to approve the resolution approving the 2024 compensation for the city manager. 2.Background: The employment agreement between the city and city manager states that salary adjustments shall be authorized by the city in the form of a resolution. The City Council met in a closed session to discuss the city manager's annual performance evaluation on February 6, 2024. In recognition of the city manager's performance, the council directed staff to prepare an adjustment of the city manager's salary to $223,176 annually (a 4.5% increase), effective pay period one of 2024. 3.Budget Impact: The 2024 budget includes adequate funding to accommodate the adjustment. 4.Attachments: City Council Resolution 2024-073 39 CITY OF PLYMOUTH RESOLUTION NO. 2024-073 RESOLUTION APPROVING 2024 COMPENSATION FOR THE CITY MANAGER WHEREAS, the City of Plymouth and the city manager have entered into an employment agreement that states that salary adjustments shall by authorized by the city in the form of a resolution; and WHEREAS, the City Council and city manager participated in a performance evaluation discussion on February 6, 2024; and WHEREAS, the City Council recognizes that the city manager’s performance, the city budget and other internal/external equity factors impact the compensation for the city manager; and WHEREAS, employee compensation has been funded under the appropriate line items in the budget as presented to the City Council. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITY OFPLYMOUTH,MINNESOTA that it hereby confirms an annual salary of $223,176 for the city manager, representing a 4.5% increase, effective pay period one of 2024. APPROVED by the City Council on this 20th day of February, 2024. 40 Regular City Council February 20, 2024 Agenda Number:6.5 To:Dave Callister, City Manager Prepared by:Ali Timpone, Human Resources Director Reviewed by:Dave Callister, City Manager Item:Approve 2024-2026 Labor Agreement with AFSCME, Council 5, Local 3445, Representing Plymouth Maintenance Employees 1.Action Requested: Adopt the attached resolution approving the 2024-2026 labor agreement with American Federation of State, County and Municipal Employees (AFSCME), Council 5, Local 3445, representing Plymouth maintenance employees. 2.Background: The city's three year agreement with AFSCME maintenance employees expired on December 31, 2023. The proposed three-year labor agreement, which has been ratified by the members of the bargaining unit, provides for the following changes: Wages: In accordance with the citywide compensation study, and consistent with the application of the study results for other groups, staff has proposed a standard wage adjustment of 3% for each year of the contract plus an additional 2% market adjustment each year to make progress toward target pay. Additional language in the contract provides clarity on when overtime pay applies during declared emergencies such as watermain breaks and snow events. Benefits: The employer contribution for 2024 is specified in the contract and this is the same amount of contribution that is provided to other union groups. The union was not comfortable with language automatically providing them with the same employer contribution for benefits in 2025-2026 so the city has agreed to a re-opener in the contract for health insurance contribution only. Other changes: New employees will now be required to serve a 12-month probation, consistent with internal and external comparable groups (up from 6 months). Seasonal laborer wages were significantly increased to help attract summer employees. Seasonal holiday pay was eliminated and replaced with a seasonal laborer lump sum retention payment at the conclusion of the summer season with satisfactory performance. Finally, the union and city agreed to a Memorandum of Understanding (MOU) to pilot a maintenance person trainee program in an effort to remove barriers of access into a public service career for non-traditional candidates. 3.Budget Impact: 41 The proposed agreement is within the established parameters set by the City Council in the 2024-2025 biannual budget and will be incorporated into planning for 2026. 4.Attachments: Contract City Council Resolution 2024-074 42       LABOR AGREEMENT    BETWEEN    THE CITY OF PLYMOUTH        AND      AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 5  Local 3445 (Maintenance Employees)                JANUARY 1, 2024 ‐ DECEMBER 31, 2026     43 2024 – 2025 City of Plymouth/LELS Sergeants Labor Agreement    TABLE OF CONTENTS    ARTICLE I DEFINITIONS 1  ARTICLE II RECOGNITION 1  ARTICLE III UNION SECURITY 1  ARTICLE IV EMPLOYER RIGHTS 2  ARTICLE V WORK SCHEDULE 3  ARTICLE VI NON DESCRIMINATION 4  ARTICLE VII SUBCONTRACTING NOTICE 4  ARTICLE VIII SENIORITY – JOB POSTING 4  ARTICLE IX OVERTIME, COMPENSATORY TIME, OT SELECTION, STANDBY PAY 5  ARTICLE X DISCIPLINE 7  ARTICLE XI GRIEVANCE PROCEDURE 7  ARTICLE XII HOLIDAYS 10  ARTICLE XIII ANNUAL LEAVE 11  ARTICLE XIV EXTENDED ILLNESS LEAVE 12  ARTICLE XV FUNERAL LEAVE 14  ARTICLE XVI PARENTAL LEAVE 14  ARTICLE XVII  JURY DUTY 14  ARTICLE XVIII SPECIAL STATUTORY LEAVES OF ABSENCE 15  ARTICLE XIX LONG TERM DISABILITY 15  ARTICLE XX INSURANCE 15  ARTICLE XXI POST EMPLOYMENT HEALTH CARE SAVINGS PLAN 17  ARTICLE XXII UNIFORMS 17  ARTICLE XXIII CERTIFICATION AND LICENSES 17  ARTICLE XXIV SEASONAL LABORER 18  ARTICLE XXV WAGES 18  ARTICLE XXVI SAVINGS CLAUSE 20  ARTICLE XXVII DURATION 20  MOU: Seasonal Laborer Lump Sum Retention Payment 22  MOU: Apprentice Program 23                 44   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  1    ARTICLE I. DEFINITIONS  1.1 EMPLOYER: The City of Plymouth or its designee.    1.2 EMPLOYEE REPRESENTATIVE: American Federation of State, County, and Municipal  Employees, Council No. 5.    1.3 EMPLOYEE. A person who has completed the probationary period with the Employer and  has been granted regular employment status.    1.4 REGULAR FULL TIME POSITION. "Regular Full Time" means a group of duties and  responsibilities requiring the employment of a person for at least forty (40) hours per week  each week throughout the year (2080 per year) and from year to year and which have been  defined as regular full time by the Employer in the current budget year.    1.5 REGULAR PART‐TIME POSITION "Regular Part‐time Position" means a group of duties and  responsibilities requiring the part‐time employment of one person for at least twenty (20)  but less than forty (40) hours per week throughout the year, from year to year, and which  have been defined as regular part‐time by the Employer in the current budget year.    ARTICLE II. RECOGNITION  2.1 The EMPLOYER recognizes the EMPLOYEE REPRESENTATIVE as the exclusive representative  of an appropriate bargaining unit of all maintenance employees of the Public Works and  Parks Departments, Sewer and Water Maintenance Employees and Automotive Mechanics  of the City of Plymouth, Plymouth, Minnesota, who are public employees within the  meaning of Minn. Stat. 179A.03, Subd. 14, excluding supervisory and confidential  employees.    ARTICLE III. UNION SECURITY  3.1 Dues: The EMPLOYER shall deduct twice each month an amount sufficient to provide the  payment of regular dues established by the EMPLOYEE REPRESENTATIVE from the wages of  all employees authorizing, in writing, such deduction on a form designated and furnished  for such purpose by the EMPLOYEE REPRESENTATIVE.     The EMPLOYEE REPRESENTATIVE shall certify to the EMPLOYER, in writing, the current  amount of regular dues to be withheld. The EMPLOYER, upon written request of the  employee representative, shall cancel such dues or other deductions.      Pursuant to Minn. Stat. 179A.07(8)(a)‐(c), the employer will notify and provide  information to the bargaining unit exclusive representative as required. The dues  remittance shall include a list of employees in the bargaining unit whose dues have been  forwarded.    3.2 Official notices: The EMPLOYER agrees to allow the bargaining unit to place a bulletin board  in an approved location for the purpose of posting official notices and bulletins. The  45   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  2    bargaining unit agrees that it will enforce the following: Items which reflect negatively on  the Union, employees or the City of Plymouth, shall not be posted. All posted materials  must be approved by an authorized bargaining unit representative. The EMPLOYER shall  have no responsibility for any materials posted on the bulletin board.    3.3 Indemnification: The bargaining unit agrees to indemnify and hold the EMPLOYER harmless  against any and all claims, suits, orders or judgments brought or issued against the  EMPLOYER as a result of action taken by the EMPLOYER under all provisions of this Article.    3.4 Representation: The EMPLOYER agrees to recognize stewards certified by the bargaining  unit as provided in this section subject to the following:    There shall be no more than four stewards.    The bargaining unit will provide a list of officers and stewards who are authorized to  investigate and present grievances to the EMPLOYER. The list will remain in effect until the  bargaining unit provides a replacement(s) for an office.    The EMPLOYER agrees to allow stewards to interrupt their work for a reasonable amount of  time for the purpose of Union business with notice to the supervisor when such business  will commence and when it has ended. Not more than one (1) employee representative  (steward or officer) will be authorized time off with pay to investigate or present any one  (1) grievance to the EMPLOYER.     Paid interruption of work for Union business shall be limited to the investigation and  presentation of grievances to the EMPLOYER at times when the employee is scheduled to  work. It is recognized and accepted by the Union and the EMPLOYER that the investigation  and processing of grievances as hereinafter provided is limited by the job duties and  responsibilities of the employees and shall therefore be accomplished during normal  working hours only when consistent with such employee duties and responsibilities.    Any other paid interruption of work shall only be allowed if agreed to in advance by the  EMPLOYER.    ARTICLE IV. EMPLOYER RIGHTS  4.1 Except as explicitly limited by a specific provision of this Agreement, the EMPLOYER shall  have the exclusive right to take any action it deems appropriate in the management of the  City and the direction of the work force in accordance with its judgment. All inherent,  statutory and common law management functions and prerogatives which the EMPLOYER  has not expressly modified or restricted by specific provision of this Agreement are retained  and vested exclusively with the EMPLOYER. The EMPLOYER shall have the sole and exclusive  right to determine the functions and programs of the City, its overall budget, utilization of  technology, the organizational structure and selection and direction and number of  personnel. In addition, the EMPLOYER specifically reserves the exclusive right in  46   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  3    accordance with its judgment to: hire, promote, transfer, and assign Employees to work;  determine the starting and quitting time and the number of hours and days to be worked;  maintain the efficiency of Employees: close down buildings or any part thereof or expand,  reduce, alter, combine, transfer or cease any job, department, operation or service;  subcontract any work done by the Employees, control and regulate the use of equipment  and other property of the EMPLOYER; determine the number, location and operation of  buildings, and divisions and departments thereof, the assignment of work and the size and  composition of the work force, make or change rules, policies; introduce new or improved  research, development, maintenance, service methods, materials or otherwise generally  manage the City, direct the Employees and establish terms and conditions of employment,  except as expressly modified or restricted by specific provision of this Agreement. The  EMPLOYER'S non exercise of any function hereby reserved to it or its exercising any such  function in a particular way shall not be deemed a waiver of its right to exercise such  function or to preclude the EMPLOYER from exercising the same in some other way not in  conflict with the express provisions of this Agreement. The EMPLOYEE REPRESENTATIVE  agrees that it shall not establish or attempt to enforce upon the EMPLOYER, or any  Employee, any rule or regulation which would interfere with the recognized right of  management to carry out the foregoing provisions.    4.2 Effect of Laws, Rules and Regulations. The EMPLOYEE REPRESENTATIVE recognizes that all  Employees covered by this Agreement shall perform the services prescribed by the  EMPLOYER and shall be governed by the laws of the State of Minnesota, and the EMPLOYER  rules, regulations, directives and orders, issued by properly designated officials. The  EMPLOYEE REPRESENTATIVE also recognizes the right, obligation and duty of the  EMPLOYER and its duly designated officials to promulgate rules, regulations, directives and  orders from time to time as deemed necessary by the EMPLOYER insofar as such rules,  regulations, directives and orders do not conflict with the express terms of this Agreement.    4.3 Reservation of Management Rights. The enumeration of the rights and duties of the  EMPLOYER in this agreement shall not be deemed to exclude other inherent management  rights and management functions not expressly reserved herein and all management rights  and management functions not expressly delegated in this Agreement are reserved to the  EMPLOYER.    ARTICLE V. WORK SCHEDULE  5.1 The regular workday for employees shall be eight (8) to ten (10) hours and the normal  workweek shall be forty (40) hours, Monday through Friday, provided, however, that  nothing contained herein shall be construed as a guarantee of a minimum or maximum  number of hours the EMPLOYER may assign employees. The regular workday shall be 6  a.m. to 5 p.m. Monday through Friday for employees assigned to the maintenance facility  and from 6 a.m. to 1 a.m. Sunday through Saturday for employees assigned to the Ice  Center and Plymouth Community Center. Shift changes to outside these hours require a  seven (7) day notice.    47   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  4    5.2 Service to the public may require the establishment of regular shifts for some Employees  other than the normal eight (8) or ten (10) hour day. The EMPLOYER will give eighteen (18)  hours advance notice to the employees affected by the establishment of such shifts except  where emergency or unusual circumstances (including but not limited to fire, flood, snow,  sleet, or breakdown of municipal equipment or facilities) in the supervisor's judgment  warrant shorter notification.    5.3 The EMPLOYER may require the establishment of a regular work week that schedules work  on Saturdays and/or Sundays.    ARTICLE VI. NON‐DISCRIMINATION.  6.1 The parties agree that their respective policies will not discriminate against any  employee covered by this Agreement. Violations of this article are not arbitrable.    ARTICLE VII. SUBCONTRACTING NOTICE  7.1 Nothing in this Article limits the rights of the EMPLOYER to exercise its clearly stated right to  subcontract work set forth in Article 4.1. This Article sets forth only the notice requirements  if the EMPLOYER exercises its right to subcontract work.    7.2 Subcontracting shall be defined to include only work which would cause one or more of the  currently filled positions of regular full‐time employees to be eliminated.    7.3 Upon determination by the city manager that the EMPLOYER may consider subcontracting,  a fifteen (15) calendar day notice will be provided to the bargaining unit. If requested by the  bargaining unit, the EMPLOYER will meet and confer with the bargaining unit. The  EMPLOYER will give the bargaining unit thirty (30) calendar days’ notice that it will  subcontract work. This notice is not required if an emergency or unusual circumstances  (including but not limited to fire, flood, snow, sleet, or breakdown of municipal equipment  or facilities) in the EMPLOYER’s judgment warrant shorter notification.    ARTICLE VIII. SENIORITY ‐ JOB POSTING  8.1 The policy of seniority is formulated to give regular, full‐time employees with longer periods  of service an opportunity for promotion and also give all employees a feeling of security.    8.2 There shall be a master seniority list established which shall include all regular employees in  the bargaining unit. Following successful completion of the probationary period, the  EMPLOYER shall place the employee on the seniority list, the date of seniority shall be the  date of last hire as a regular employee. In the event of layoff due to lack of work, regular  employees with the least seniority shall be the first to be laid off, providing the employees  remaining on the payroll are qualified to perform the work remaining to be done, which  qualification shall be determined by the EMPLOYER. In the event of a call back the last  employee laid off shall be the first to be called back, subject to the EMPLOYER  determination that the employee(s) called back is/are qualified to perform the work  assignments.  48   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  5      8.3 The EMPLOYER shall have the right to remove the names of employees from the seniority  list for those employees who have quit their employment, have been discharged, have  retired or have been laid off for more than one (1) year.    8.4 In the event of a job opening, an announcement shall be posted for five (5) working days  prior to advertisement of the position, giving employees of the bargaining unit the  opportunity to apply for the job opening.     Regular employees who hold the same job classification in another department or division,  and are qualified for the job, shall be granted an interview. However, the EMPLOYER shall  in no case be required to employ such most senior employee and the EMPLOYER reserves  the right to select the most qualified candidate which qualification the EMPLOYER shall  determine. Selection of a regular employee for a transfer or promotion will in no case set a  precedent for the future nor be considered a past practice.    8.5 Employees selected for a higher‐class position shall fulfill a new probationary period of six (6)  months. Should the employee be deemed in the sole discretion of the EMPLOYER not to be  suited for the higher‐class position during the probationary period, then the Employee shall  be reassigned to their formerly held position without loss of seniority.    ARTICLE IX. OVERTIME, COMPENSATORY TIME OFF, OVERTIME SELECTION AND STANDBY PAY  9.1 Overtime  Hours worked in excess of: (1) a regularly scheduled 8 hour or 10 hour shift; or (2)   or more  than forty (40) hours within a seven (7) day period, will be compensated at one and one‐ half (1‐1/2) times the employee's regular base pay rate provided however that the premium  pay provided in Article 25.2 shall be added to the employee's regular base pay rate for  calculation of overtime hours. For the purpose of computing overtime compensation,  overtime hours worked shall not be pyramided, compounded, or paid twice for the same  hours worked. Time worked for the purposes of calculating overtime shall include regular  hours worked and annual leave. Supervisors shall not be assigned overtime hours unless  non‐supervisory employees are given first choice for such overtime or in case of  emergencies.    During a declared emergency or a full city call‐out, hours worked before and after a  regularly scheduled shift shall be paid at one and one‐half (1‐1/2) times the employee’s  regular base rate regardless of the number of hours worked on that day.  Hours worked  during the regularly scheduled shift shall be paid at the regular rate regardless of the  number of hours worked on that day.    9.2 Compensatory Time Off  Employees may have up to 60 hours of compensatory time off in their comp time banks  which can be used and replenished throughout the year. Comp time hours over 60 will be  paid to employees as taxable income. An employee who qualifies for extended illness leave  49   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  6    under the terms of this labor agreement may use up to 60 hours of compensatory time off  in lieu of annual leave or unpaid leave.    Standby time may be placed in the compensatory time off bank. It is earned at straight  time and will be placed in the compensatory bank at straight time.    Management shall retain the right to determine whether overtime or standby time will  be compensated in cash. Supervisors will notify employees at the time overtime is  offered whether it can be banked as compensatory time off.    Compensatory time is not eligible for cash out.     9.3 Overtime Selection   A regular full‐time employee represented by this contract may be required to work  overtime. Overtime will be assigned by qualifications and seniority. Overtime will be  offered to employees in the following order:  1. Full time employees in division  2. Full time employees in department  3. Full time employees from other departments  4. Seasonal employees    If an adequate number of employees cannot be obtained to perform work voluntarily,  overtime may be required of qualified employees with the least seniority from the same  order as above.  Employees will provide the Employer with one telephone number which  must be up to date at all times.    9.4 Standby Pay   Employees who are assigned by their supervisor to be on standby shall be compensated as  follows:  2.5 hours straight time per weeknight (Mon – Thurs), 10 hours straight time per  weekend (end of shift Friday to beginning of shift the following Monday), and 6 hours straight  time per observed holiday.      An employee on standby shall be available to respond within one hour.    Standby employees so designated may find a substitute for any part of the assigned hours.  However, only full day substitutions shall be paid by the Employer to the substitute.  Except  for unforeseen circumstances, the employee’s supervisor must be notified forty‐eight  hours in advance and must approve any substitution.    9.5 Call Back Pay   An employee called back to work at a time other than their normally scheduled shift shall  receive a minimum of two (2) hours pay at one and one‐half (1‐1/2) times the employee's  regular base rate. Reporting early for a shift or an extension of a shift shall not qualify for  this minimum. A utility operator who receives a notice of a problem shall first attempt to  50   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  7    determine whether the problem can be corrected on‐line or can be handled during  regular hours or by the maintenance worker on call. If they are not required to return to  the job site, they shall record the time used to handle the call and shall report such calls  on their time sheet whenever the accrued time equals an hour or more.    ARTICLE X. DISCIPLINE  10.1 New Employees and Employees who have been rehired shall be on a twelve (12) month  probationary period, and all promoted or transferred Employees shall be on a six (6) month  probationary period following the promotion or transfer to the new position in the  bargaining unit. Probationary Employees may be disciplined or discharged by the  EMPLOYER in its sole and exclusive discretion at any time during the probationary period.  Employees who have completed the probationary period may be suspended or discharged  for just cause.    10.2 Discipline may be in one or more of the following forms:  (a) Oral reprimand;  (b) Written reprimand;  (c) Suspension;  (d) Demotion;  (e) Discharge.    10.3 Notices of suspension, demotions, and discharges will be in written form and will state the  reasons for the action taken. Suspensions will set forth the time period for which the  suspension shall be effective. Demotions will state the classification to which the Employee  is demoted. The EMPLOYEE REPRESENTATIVE and the Union President will be provided  with a copy of all written reprimands, notices of suspension, demotion, or discharge.    10.4 Employees may examine their own personnel files at reasonable times under the direct  supervision of the EMPLOYER.    ARTICLE XI. GRIEVANCE PROCEDURE  11.1 A "grievance" is a claim or complaint by an Employee and/or the EMPLOYEE  REPRESENTATIVE over the interpretation or application of the express terms of this  Agreement.    11.2. All grievances, after the first step, shall be presented in writing and contain the  following elements:    11.21 Name of the aggrieved Employee.  11.22 Reference to the specific portion of the Agreement at issue in the grievance. The  nature of the grievance, when it took place, and the informal actions taken in an  attempt to resolve it.  11.23 Requested action of the EMPLOYER to resolve the grievance.    51   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  8    11.3  Waiver of Grievance. The time limitations set forth in this Article are of the essence of this  Agreement. No grievance shall be accepted by the EMPLOYER unless it is submitted or  appealed within the time limits set forth in Section 11.6 of this Agreement. If the grievance  is not submitted within the timelines at Step 1 it shall be deemed waived. If the grievance  is not appealed within the timelines set forth in Step 2 and above it shall be considered to  have been settled in accordance with the EMPLOYER’s last answer.    11.4.  Any grievance arising from a decision or interpretation of the provisions of this Agreement  made at a given level cannot be grieved at a lower level.    11.5 The number of days indicated at each level shall be considered as a maximum, and every  effort should be made to expedite the process. The time limits specified may be extended  only by mutual agreement in writing.    11.6 Grievance Procedure  11.61 Step 1. Oral Notice to Immediate Supervisor Not later than ten (10) working days  after the Employee knew or should have known the act or condition on which the  grievance is based, the employee must discuss the grievance with his/her  immediate supervisor. The immediate supervisor shall within ten (10) working days  orally respond to the employee.    11.62 Step 2. Written Grievance to Manager If the employee is not satisfied with the  disposition of the grievance by the immediate supervisor, the aggrieved employee,  with the EMPLOYEE REPRESENTATIVE, may within five (5) working days of receipt  of the disposition of the grievance from the immediate supervisor submit it, in  writing, to the next step as determined by the department to which the employee  is assigned. Within five (5) working days after receipt of the grievance, the manager  shall meet with the aggrieved employee to resolve the grievance. Within ten (10)  working days after such meeting, the Manager shall make his/her decision and  communicate in writing to the aggrieved employee and the EMPLOYEE  REPRESENTATIVE.    11.63 Step 3. Written Grievance to Department Director If the employee is not satisfied  with the disposition of the grievance by the designated manager as appropriate, the  EMPLOYEE REPRESENTATIVE may within five (5) working days receipt of the  disposition of the grievance from the designated manager submit it to the  department director. Within ten (10) working days after receipt of the grievance,  the department director shall meet with the EMPLOYEE REPRESENTATIVE to  resolve the grievance. Within ten (10) working days after such meeting, the Director  shall make his/her decision and communicate in writing to the aggrieved employee  and the EMPLOYEE REPRESENTATIVE.    11.64 Step 4. Written Grievance to the City Manager If the EMPLOYEE REPRESENTATIVE  is not satisfied with the disposition of the grievance by the department director, the  52   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  9    aggrieved employee through the EMPLOYEE REPRESENTATIVE, may within ten (10)  working days after receipt of the disposition of the grievance, submit the grievance  to the City Manager. Upon receipt of the grievance, the City Manager shall meet  with the aggrieved employee and the EMPLOYEE REPRESENTATIVE within ten (10)  working days. Within ten (10) working days after such meeting, the City Manager  shall make his/her decision and communicate in writing to the aggrieved employee  and the EMPLOYEE REPRESENTATIVE.    11.7 If the EMPLOYEE REPRESENTATIVE is not satisfied with the disposition of the grievance by  the City Manager, the EMPLOYEE REPRESENTATIVE, may institute compulsory binding  arbitration proceedings within twenty (20) calendar days according to the following  conditions and regulations.    11.8 The grievance shall be submitted to the Bureau of Mediation Services within 90 days of the  date of the city’s 4th step response requesting arbitration before an arbitrator. In the event  the EMPLOYER and the EMPLOYEE REPRESENTATIVE cannot agree upon the selection of the  arbitrator within five (5) calendar days, the Director of the Bureau of Mediation Services  may be requested by either party to submit a list of seven (7) persons from which the  arbitrator shall be selected. The parties shall alternately strike one name from the list of  seven (7) names. The last remaining name shall serve as the arbitrator.    11.9 No decision shall be made by the arbitrator without the participation of the representative  of both the aggrieved party and the EMPLOYER, unless, in the judgment of the arbitrator,  either the EMPLOYER or the aggrieved party is unnecessarily delaying arbitration  proceedings (and after due notice of such judgment by the arbitrator to both parties  hereto), in which case decisions may be reached without the participation of the party  causing the delay.    11.10 The arbitrator shall be empowered, except as their powers are limited below, to make a  final binding decision in case of alleged violation of rights expressly accorded by this  Agreement. Limitations on the power of the arbitrator are as follows:    11.10.1. They shall have no power to add to or subtract from or modify any of the terms  of this Agreement.    11.10.2. They shall have no power to establish or change wage rates or change or establish  any fringe benefits.    11.10.3. They shall have no power to decide any question, which under this agreement, is  within the right of management to decide, which shall include, but is not limited  to such areas of discretion of policy as the functions and programs of the  EMPLOYER: its overall budget, utilization of technology, the organizational  structure, and the selection and direction and number of personnel, except as  these rights may be especially conditioned by this agreement.  53   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  10      11.11 All fees and expenses of the arbitrator shall be shared equally by the EMPLOYER paying  one‐half (1/2) of such fees and expenses and the EMPLOYEE REPRESENTATIVE paying one‐  half (1/2). Each party to the arbitration procedure shall be responsible for compensating its  own representatives and spokespersons and all expenses incurred in preparing and  presenting its arbitration case.    11.12 The arbitrator shall have no right to require the EMPLOYER, the EMPLOYEE  REPRESENTATIVE, or any Employee to perform any act contrary to law or contrary to the  provisions of this Agreement.    11.13 All decisions rendered shall be in writing, dated, and shall set forth the decision and reason  for the decision and be transmitted promptly to the EMPLOYEE REPRESENTATIVE and to  the EMPLOYER.    ARTICLE XII. HOLIDAYS  12.1 Holiday leave is authorized absence from duty with pay granted all regular and regular  probationary employees. A holiday will be paid as eight (8) hours regardless of the length of  the shift employees are assigned. The following are official holidays for all regular  employees:    New Year's Day  Martin Luther King Day  President's Day   Memorial Day  Juneteenth  Independence Day   Labor Day  Veterans Day   Thanksgiving Day  Day After Thanksgiving   Christmas Eve   Christmas Day    The EMPLOYER shall issue a list of official holidays and the dates on which they will be  observed in December of the year prior to when they holidays will be observed.    12.2 Employees will be entitled to receive pay for official holidays at their normal straight‐time  rates, provided they work the department's last regular shift to which they would be  assigned prior to the holiday and the department's first regular shift to which they would be  assigned following the holiday or are on authorized paid leave. All regular part‐time  employees will be eligible to receive pro‐rata pay for designated holidays.    12.3 Work performed on an actual, not observed holiday will be compensated at two times the  54   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  11    straight time rate.    12.4 When a holiday falls upon a Saturday, the preceding Friday shall be observed as the holiday.  When a holiday falls upon a Sunday, the following Monday shall be observed as the holiday.    12.5 During the week of a holiday, the Employer may adjust schedules for employees working  other than an 8‐hour shift so that they do not have to use other paid leave to supplement  holiday pay.    ARTICLE XIII.   ANNUAL LEAVE  13.1 Annual Leave Accrual.  Annual leave benefits shall accrue according to the following schedule for regular and  probationary full‐time employees:    Years of Employment Leave Accrued Per Year in Hours  During 0‐ 5 142  During 6 ‐10 182  After 10 190  After 11 198  After 12 206  After 13 214  After 14 222  After 15 230  After 16+ 238    Regular part‐time employees shall accrue annual leave pro rata based on their budgeted  hours if they are budgeted for a minimum of 1040 hours per year.    13.2. Administration of Annual Leave  13.21 An employee shall not have more than 480 hours of annual leave accrued at any  time unless a written request has been submitted to and approved by the city  manager prior to such accrual.    13.22 Employees may not use annual leave until it has been credited to the employee’s  bank in the payroll system.    13.23 Accumulated annual leave cannot be transferred from one employee to another,  except as provided in the Personnel Policy, Annual Leave/Vacation Donation  section.    13.24 Annual leave shall not be earned by an employee during leaves of absence without  pay when such leaves are in excess of ten (10) consecutive working days. An  employee receiving either short term or long‐term disability insurance is  considered to be on leave without pay for the purposes of this section.  55   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  12      13.25 Annual leave will take two forms:    a) Planned leave which will be scheduled in advance with the supervisor's  approval giving preference to the senior employee’s request.  b) Unplanned leave which will require notification of the supervisor within 30  minutes of the employee's scheduled work day if the employee is not at  work or notification of the supervisor before leaving work.    13.26 Annual leave may be used in increments of fifteen (15) minutes or more.    13.27 If unplanned leave shows a pattern suggesting abuse, the supervisor shall notify  the employee of his/her concern. If such abuse continues, the employee shall be  warned in writing that such continued abuse may be cause to deny future  unplanned leave requests without a physician's note.    ARTICLE XIV. EXTENDED ILLNESS LEAVE  14.1 Extended illness leave is designed to meet the needs of an employee who suffers from an  illness or injury that requires convalescence over an extended period of time.    14.2 Definitions: For the purposes of extended illness leave policy, the following terms shall  have the meanings provided below.     "Extended illness" means a state of incapacity due to personal illness or accidental bodily  injury to a regular employee except for illness or accidental bodily injury incurred while self‐ employed or employed by other than the city, which requires the regular and personal  attendance of a licensed physician and/or which prevents an employee from performing  substantially all of the duties of his/her position.     "Extended illness leave" is authorized absence from duty with pay granted regular  employees who have successfully completed the probationary period of employment with  the city and who become ill or disabled. Extended illness leave may be used by an employee  having more than 6 month's continuous employment with the city to provide care to  employee's child during periods of illness in accordance with all provisions of this policy  including the 21‐day waiting period. If an employee exhausts his/her annual leave balance  extended illness leave may also be used in conjunction with an authorized FMLA leave at  the EMPLOYER’S option. Extended illness leave is not a right which an employee may use  at the employee's discretion. Extended illness leave shall be allowed by the EMPLOYER only  in the case of verified necessity and actual need. The purpose of any extended illness leave  is to provide income continuation during that period of time when the employee is unable  to perform substantially all of the duties of a position which the employee holds.    14.3 Accrual   Extended illness leave shall be accrued from date of hire until the completion of 15 years of  56   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  13    employment at 1.54 hours per pay period (40 hours per year).     Such accrual will be adjusted on a pro‐rata basis if an employee is hired or authorized to  work less than full time (40 hours per week). Extended illness leave accrual will cease if an  employee is on leave of absence without pay for ten (10) or more consecutive days. An  employee receiving long term disability insurance is considered to be on leave without pay  for the purposes of this section. Extended illness leave, once used, may not be replenished.    14.4 Administration  14.41 Extended illness leave shall be used only if an employee is ill or injured and is on  leave due to a physician certified illness or injury for 21 consecutive days or more.  Such extended illness leave shall be administered as described below.    14.42 Employees may not use extended illness leave until it has been credited to the  employee’s bank in the payroll system.      14.43 To be eligible to receive extended illness leave benefits, an employee shall inform  human resources of their need to take extended illness leave. Employees are  responsible for keeping the EMPLOYER advised on at least a weekly basis of their  status to remain eligible for paid benefits.    14.44 The EMPLOYER reserves the right to have its own physician examine the employee  periodically to render an opinion on whether the employee is able to return to  productive work with the EMPLOYER. If, in the EMPLOYER’S sole judgment, an  employee is deemed to be able to resume productive work for the city, the  employee shall be directed to report to an appropriate work assignment. If the  employee fails to report for work as directed, paid benefits shall be terminated upon  recommendation of human resources and approval of the city manager.    14.45 When an employee requests extended illness leave, a physician's statement may be  required by the EMPLOYER prior to the employee's return to work. The physician's  statement must indicate the nature and length of the disability, any restrictions  which the disability places upon the employee's ability to perform the work of the  position and attest to the employee's ability to return to work. An employee who  has been asked by the EMPLOYER to provide such a statement shall not continue  receiving benefits until they have complied with this provision.    14.46 An employee who makes a false claim for extended illness leave benefits shall be  subject to disciplinary measures.    14.47 While receiving paid benefits under this section the employee will continue to  accrue annual leave and receive city contributions to retirement and insurance  programs sponsored by the city in which the employee participates.  57   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  14      14.48 Extended illness leave balances shall not be converted to any other form, i.e., cash,  annual leave, or any other thing of value at any time for any purpose for any  employee.    14.5 For those who converted time from mid‐term disability (MTD) to extended illness leave:  Employees with more than 600 hours of extended illness leave: Upon retirement, with a  full or reduced PERA pension, an employee with over 600 hours of extended illness leave  may opt to convert hours up to 460 to annual leave at ½ their value (230 hours of annual  leave). No more than 480 hours may be in the annual leave bank at any time, including  termination.    ARTICLE XV. FUNERAL LEAVE  15.1 Funeral leave may be granted to probationary or regular full‐time city employees by the  employee's immediate supervisor. To be eligible for funeral leave an employee must  furnish adequate proof that a death has occurred within the employee's immediate family.    15.2 The term "immediate family" shall include the spouse, domestic partner, parents,  stepparents, child, stepchild, grandchild, step grandchild, siblings and step siblings of the  employee, or grandparents of the employee or spouse, mother‐in‐law, father‐in‐law, sister‐ in‐law, brother‐in‐law, aunt, step aunt, uncle or step uncle.    15.3 A "domestic partner" must be registered with human resources prior to the use of  requested leave. Registration is by signed affidavit of the employee and the domestic  partner.    15.4 Paid funeral leave may be granted for one, two, three or four workdays where the  supervisor concludes such leave is warranted provided that not more than four days (32  hours) of paid funeral leave per calendar year, to be accrued on January 1 of each year,  shall be allowed. The immediate supervisor shall grant or deny such requests.    ARTICLE XVI. PARENTAL LEAVE  16.1 One week (40 hours) of paid parental leave is allowed one time over the course of an  employee’s career with the City of Plymouth. This leave is not deductible from any other  paid leave banks and runs concurrently with FMLA.    16.2 Paid parental leave can be used for the birth or adoption of a child in accordance with FMLA  rules.    16.3 Paid parental leave will be adjusted on a pro‐rata basis if an employee is hired or authorized  to work less than full time (40 hours per week).    ARTICLE XVII. JURY DUTY  17.1 Employees called and selected for jury service shall receive their regular compensation and  58   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  15    other benefits less the amount of jury or witness fees. Money received by the employee  for mileage fees with respect to jury service shall not be deducted from his/her regular  compensation.    ARTICLE XVIII. SPECIAL STATUTORY LEAVES OF ABSENCE  18.1 Family medical leave, parental leave and other statutory leaves shall be administered as  per the applicable section of the EMPLOYER'S current Personnel Policy.    ARTICLE XIX. LONG‐TERM DISABILITY  19.1 Eligibility for Long Term Disability. Long term disability leave is authorized absence from  duty with pay granted regular full‐time employees of the City. Long‐term disability  benefits shall be available to eligible regular full‐time employees based exclusively upon  the terms and conditions contained in the contract with the City and its long‐term disability  insurer. The terms and benefits under the program are subject to change from time to  time. A complete copy of the contract dealing with the terms and conditions for the long‐ term disability benefits program shall be on file with the Human Resources and shall be  available for review by employees.    19.2 Benefits. The current issued long‐term disability program provides for the following  benefits.    19.21 Elimination Period. Benefits are payable commencing with the 91st calendar day of  disability.    19.22 The eligible employee shall receive approximately two‐thirds of the employee's regular  straight time compensation as of the date the disability commenced, to a maximum of  6,000 per month subject to coordination with any and all other disability benefits whether  provided by the city, private firms, or another public agency.     When on approved paid long‐term disability leave the employee shall not receive city  contributions to retirement and insurance programs nor will the employee accrue annual  leave, extended illness leave, holiday pay, or be considered as time in active service unless  this paragraph is specifically waived by the City Manager.    ARTICLE XX. INSURANCE  20.1 Beginning January 1, 2024, the premium contributions by the EMPLOYER are reflected in the  table below.    59   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  16        For 2025 and 2026, the city agrees to re‐open the contract to negotiate Article 20.1 health insurance  only, and the city agrees to meet prior to open enrollment each year.    20.2 In the event the premiums are increased beyond the maximum contributions provided by the  EMPLOYER above, such increases shall be paid by the employee through payroll deduction.   Regular part time employees who are budgeted for more than 1040 hours per year are eligible  for a pro‐rata share of the EMPLOYER’S contribution.  20.3 In the event the health insurance provisions of this Agreement fail to meet the   requirements of the Affordable Care Act and its related regulations or cause the Employer to be  subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to bargain  over alternative provisions so as comply with the Act and avoid any penalties, taxes or fines for  the Employer.  In such negotiations, the rights and obligations of the Union shall be subject to  the provisions of Minn. Stat. § 179A.06, and the rights and obligations of the Employer shall be  subject to the provisions of Minn. Stat. § 179A.07.    20.4 The EMPLOYER will select and provide one or more group dental insurance plans.       If an employee selects either of the single VEBA health plans or waives health coverage, the  60   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  17    Employer shall pay the cost of single or family dental insurance premiums.       20.5 If regular part‐time employees who receive a pro‐rata share do not expend their pro‐rata share  on single health and dental premiums, the remainder up to the maximum for regular full‐time  employees may be directed to a VEBA account.    20.6 If IRS Code, Section 457, is repealed or changed the EMPLOYER shall no longer provide such  compensation.    20.7 The EMPLOYER will provide for the term of this contract, term life insurance and accidental death  and dismemberment insurance in the total face amount of $50,000.  The EMPLOYER will pay a  sum not to exceed $20.00 per month for the foregoing coverage.  In the event the premium is  increased beyond the maximum contribution provided by the EMPLOYER above, such increase  shall be paid by the Employee through payroll deduction.     20.8 All employees of the unit eligible for long‐term disability insurance coverage shall pay, through  payroll deduction, the full cost of such coverage.    ARTICLE XXI. POST EMPLOYMENT HEALTH CARE SAVINGS PLAN  21.1 The Post‐Employment Health Care Savings Plan is made available through an outside  vendor. It is intended that this arrangement constitute a voluntary employees’  beneficiary association (VEBA) under Section 501(c) (9) of the Internal Revenue Code.  Funds shall be deposited into an account to be used following separation of city  service.  Funds shall be withheld pre‐tax and may be used for reimbursement of  eligible health care expenses as determined by the IRS. A detailed description of this  plan is available from human resources or the city’s chosen vendor.  Participation is  mandatory for all employees of the bargaining group who meet established criteria  as follows:    For bargaining group members who terminate employment with the City of Plymouth and are  eligible for a full or reduced PERA pension, the city will make a one‐time contribution of the  entire cash equivalent of the employee’s annual leave balance if that balance is equal to or  greater than 80 hours upon the last date worked.  If the annual leave balance is less than 80  hours, the entire amount will be provided as taxable income on the employee’s final paycheck.    ARTICLE XXII. UNIFORMS  22.1 The EMPLOYER agrees that in the event it requires employees to wear uniforms, it shall  supply and maintain such uniforms.    ARTICLE XXIII. CERTIFICATION AND LICENSES  23.1 The EMPLOYER shall reimburse employees for required certifications/licenses, including  renewals.    61   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  18    23.2 The EMPLOYER shall reimburse the Employee for the cost of the difference between a Class  D Minnesota Driver’s License and the cost of the required license and endorsements  required by the EMPLOYER for the position.    ARTICLE XXIV. SEASONAL LABORER  24.1 Definition: Seasonal laborer is an employee employed for seven (7) months or less within a  twelve (12) month period, but more than 67 workdays and fourteen (14) hours per week.  Seasonal laborer does not include employees exempted from the 67‐day requirement, due  to their student status by M.S. 179A.03 Subd. 14(f).    24.2 Seasonal laborers shall be covered only by those provisions of this agreement relating to:  Article 5 ‐ Work Schedule  Article 9.3 ‐ Overtime Selection  Article 21 – Uniforms  Article 24 – Seasonal Laborer    24.3 If the Union requests to meet and confer on discipline meted out to a seasonal laborer, the  Employer agrees to meet and confer.    24.4 Seasonal laborers may work in any of the city's maintenance divisions. No more than twenty‐six  (26) such employees will work at any one time.    24.5 A full‐time maintenance employee would not be laid off before a non‐regular or regular part‐ time maintenance laborer working in that division.    24.6 Each seasonal laborer position will work no more than 160 working days per year during the  period between April 1 and November 1, except that two seasonal employees may continue  working at the yard waste site beyond these dates, and the city may hire or retain seasonals  beyond these dates when there is a need to backfill for a regular position when the regular  employee is on extended leave.    24.7 Seasonal Laborer Wage Rates:   S1 S2 S3 S4 S5 S6  2024 $18.15 $18.74 $19.33 $19.92 $20.51 $21.12  2025 and 2026: 3% increase each year    24.8 No seasonal worker will make more than the "start" rate for a regular maintenance worker.    ARTICLE XXV. WAGES  25.1 The job classifications and applicable wage rates therefore are set forth below. Step merit  increases will not be considered automatic, rather shall be dependent upon satisfactory  work performance evaluation.    PP1 2024: 3% standard adjustment + mkt adjustment  62   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  19       Classification   Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7  Start 6 Mos 1 year 2 years 3 years 4 years 5 years  Maintenance  Person 29.13 30.46 31.73 33.00 34.27 35.66 36.37  Mechanic 32.09 33.06 34.06 34.99 35.94 37.04 37.72  Utility Operator 35.33 35.92 36.39 36.88 37.34 37.98 38.65    PP1 2025: 3% standard adjustment + mkt adjustment     Classification   Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7  Start 6 Mos 1 year 2 years 3 years 4 years 5 years  Maintenance  Person 30.59 31.98 33.32 34.65 35.98 37.44 38.19  Mechanic 33.69 34.71 35.76 36.74 37.74 38.89 39.61  Utility Operator 37.10 37.72 38.21 38.72 39.21 39.88 40.58    PP1 2026: 3% standard adjustment + mkt adjustment     Classification   Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7  Start 6 Mos 1 year 2 years 3 years 4 years 5 years  Maintenance  Person 32.12 33.58 34.98 36.38 37.78 39.31 40.10  Mechanic 35.37 36.45 37.55 38.58 39.63 40.83 41.59  Utility Operator 38.96 39.61 40.12 40.66 41.17 41.87 42.61    The EMPLOYER may at its sole discretion hire an employee at any step of the wage  progression.    25.2 Employees assigned by the employer as a lead person will receive additional pay of $2.25 per  hour, for each period in which the employee has worked in such assignment.  The city and  union understand that the city may choose to create promoted lead person positions in  addition to assigning lead person work on a temporary basis.       This article does not in any way infringe upon the employer’s unilateral right to determine and  make assignments or re‐assignments of employees. The decisions of issuance or denial of  supplemental pay may be grieved but not arbitrated.    25.3  Maintenance persons shall receive $1.10 per hour in addition to their normal base hourly rate  for authorized operation of the following equipment:    Motor graders   Front end loaders   Backhoes  63   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  20    Paver  Jet vactor  Bulldozer  Bucket truck (during operation only)   Jetter    No premium will be paid for less than 2 hours of continuous work on the equipment. No  premium will be paid for training time.    ARTICLE XXVI. SAVINGS CLAUSE  26.1 This agreement is subject to the laws of the United States and the State of Minnesota. In  the event any provision of the agreement shall be held to be contrary to law by a court of  competent jurisdiction from whose final judgment or decree no appeal has been taken  within the time provided, such provision shall be voided. All other provisions of this  agreement shall continue in full force and effect.    ARTICLE XXVII.  DURATION  27.1 Term of Contract. This contract shall become effective as of January 1, 2024, and shall  continue in full force and effect up to and including December 31, 2026.    27.2 Effect of Contract. Any and all prior agreements, resolutions, practices, policies, rules and  regulations regarding terms and conditions of employment, to the extent inconsistent with  the provisions of this contract, are hereby superseded.    27.3 Termination or Modification. Either party desiring to terminate or modify this contract  must notify the other party in writing at least sixty (60) days but not more than one hundred  twenty (120) days prior to December 31. A notice of desire to modify this contract shall set  forth specifically all proposed modifications sought by the party and all clauses of this  contract for which no modification is sought shall be renewed automatically. Negotiations  with respect to proposed modifications may commence at any time after notice of  proposed modifications had been given.    27.4  Negotiations during Term. The parties mutually acknowledge that during the negotiations  which resulted in this contract, each had the opportunity to make demands and proposals  regarding terms and conditions of employment. All understandings and agreements  arrived at by the parties are set forth in this contract. For the duration of this contract, the  EMPLOYER and the EMPLOYEE REPRESENTATIVE each voluntarily and unqualifiedly waives  the right to meet and negotiate regarding any and all terms and conditions of employment,  whether or not specifically referred to or covered in this contract, even though such  matters may not have been within the knowledge or contemplation of either or both  parties at the time this contract was negotiated or executed.    27.5 Full Agreement. The EMPLOYER and the EMPLOYEE REPRESENTATIVE agree that this  Agreement contains all of the terms and conditions of employment which have been  64   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  21    arrived at and that the EMPLOYER shall not be obligated to provide or maintain any terms of  conditions of employment not provided herein.    IN WITNESS WHEREOF, the parties have executed this contract as follows:    AFSCME LOCAL 3445 ‐ MAINTENANCE  CITY OF PLYMOUTH      ____________________________________  ____________________________________  FIELD DIRECTOR     MAYOR    ____________________________________  ____________________________________  FIELD REPRESENTATIVE       CITY MANAGER    ____________________________________  SECRETARY     65   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  22      MEMORANDUM OF UNDERSTANDING      AGREEMENT made this ____ day of ________, 2024, by and between the CITY OF PLYMOUTH, a  Minnesota municipal corporation (“City” or “Plymouth”) and AFSCME, Council 5, Local 3445  (Maintenance Employees).    SEASONAL LABORER LUMP SUM RETENTION PAYMENT    During the duration of this agreement (2024 – 2026), seasonal laborers will be eligible for the following  additional payment program as recognition of performance and as an incentive to work an entire  season:    Employees in the position of seasonal laborer will be eligible for a seasonal attendance and  performance payment program. To be eligible, a seasonal laborer must work a minimum of  320 hours between April 1 – October 31, and must achieve satisfactory or better performance  as determined by their supervisor.    A seasonal laborer who has been identified as eligible based on hours worked and  performance as described above shall be eligible to receive a one‐time lump sum payment  equivalent to $0.50 per full hour worked between April 1 – October 31.  The payment will be  included in taxable income on the employee’s final paycheck.     Supervisors are required to provide human resources with a form documenting the  employee’s satisfactory or better performance before payment will be provided.     66   2024‐2026 City of Plymouth/AFSCME Maintenance Labor Agreement  23      MEMORANDUM OF UNDERSTANDING      AGREEMENT made this ____ day of ________, 2024, by and between the CITY OF PLYMOUTH, a  Minnesota municipal corporation (“City” or “Plymouth”) and AFSCME, Council 5, Local 3445  (Maintenance Employees).    APPRENTICE PROGRAM    The parties mutually agree to pilot a Maintenance Person Apprentice (Apprentice) program  during the 2024‐2026 contract period and beyond until a successor agreement is ratified. This is  a temporary position limited in duration. The apprentice position will be handled as follows:   a. The apprentice job classification is considered temporary limited in duration.  b. No individual apprentice will be in the apprentice job classification for longer  than two (2) years. The intent is for the apprentice to work with each  maintenance division throughout the duration of the two (2) years including  parks & forestry, streets, and utilities.  c. The apprentice salary shall be a maximum of 90% of the step one (1) salary of  the maintenance person position.   d. For divisional overtime, apprentices will be placed at the end of the overtime list  for the division in which they are working.  e. The apprentice will not be eligible for standby pay/on‐call time.   f. Time spent in the apprentice job classification does not count towards  probationary time for any apprentices hired into any other job classifications.   g. Apprentices may be discharged without the right of grievance or appeal while in  the training program. Article X – Discipline will not apply to this job classification.  Apprentices shall receive all other contractual benefits.  h. Apprentices are eligible to apply for externally posted maintenance person job  openings.      67 CITY OF PLYMOUTH RESOLUTION NO. 2024-074 RESOLUTION APPROVING THE 2024-2026 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME COUNCIL 5)-MAINTENANCE EMPLOYEES, LOCAL 3445 WHEREAS, representatives of the City of Plymouth and AFSCME, representing Plymouth maintenance workers have met to negotiate a labor contract in accordance with the Public Employee Labor Relations Act; and WHEREAS, the city manager has reported that an agreement has been reached for the period of January 1, 2024 through December 31, 2026; and WHEREAS, the mayor and the city manager are authorized to execute the agreement. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it does approve the labor agreement between the City of Plymouth and AFSCME, Council 5 Maintenance Employees, Local 3445, for the period of January 1, 2024, through December 31, 2026. APPROVED by the City Council on this 20th day of February, 2024. 68 Regular City Council February 20, 2024 Agenda Number:6.6 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Maria Solano, Deputy City Manager Item:(Moved to Item 8.3) Approve the 2024 Work Plans and Advisory Board Officer Appointments for the Planning Commission, Environmental Quality Committee, Housing and Redevelopment Authority, and Park and Recreation Advisory Commission 1.Action Requested: Approve the 2024 Work Plans and Advisory Board Officer Appointments for the Planning Commission, Environmental Quality Committee, Housing and Redevelopment Authority, and Park and Recreation Advisory Commission. 2.Background: Every year, advisory boards create an annual work plan to be approved by the City Council. Advisory boards approved their draft work plans at the following meetings: - Planning Commission: February 7 - Housing and Redevelopment Authority: January 25 - Park and Recreation Advisory Commission: January 11 - Environmental Quality Committee: December 13 Advisory boards appointed the following officers for 2024: - Planning Commission: Michael Boo, Chair; Marc Anderson, Vice Chair - Park and Recreation Advisory Commission: Vita Wilson, Chair; James Kuznia, Vice Chair - Environmental Quality Committee: Ed Matthiesen, Chair; Monika Vadali, Vice Chair - Housing and Redevelopment Authority: Michelle Soderberg, Chair; Wayne Peterson, Vice Chair; Kim Vohs, Secretary 3.Budget Impact: NA 4.Attachments: EQC 2024 Work Plan - as amended Planning Work Plan HRA Work Plan 69 PRAC Work Plan 70 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose To provide guidance for the review, consideration, initiation, and recommendation to the City Council such policies, plans or projects which will enhance and preserve the natural environment of the City. The EQC’s scope includes but is not limited to matters of water quality, wetland preservation, ground water protection, solid waste collection and disposal, recycling and reuse programs, ecological preservation, erosion control, and air, noise, and light pollution. City Council Strategic Themes 1. City Center 2.0 - Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2. Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3. Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4. City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING ▪ GreenStep Cities implementation ▪ Community Resiliency Plan development ▪ Volunteer participation and community leadership at events ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A ☒ 1 ☒ 2 ☒ 3 ☒ 4 ☐ N/A FIRST QUARTER ▪ Refresher, Committee orientation and Organization ▪ Appoint Committee Chair & Vice Chair ▪ Environmental Academy Introduction and Planning ▪ SWPPP Public Information Meeting ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☒ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☒ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A SECOND QUARTER ▪ Adopt-A-Street (Spring) ▪ Drop off Day Evaluation ▪ Environmental Academy Planning ▪ Watershed Management Commission 4th Generation Planning Updates ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A THIRD QUARTER ▪ Environmental Academy Planning ▪ Environmental Academy Sessions ▪ TMDL and MS4 Permit Review ▪ Update Committee Mission/Organization Statement ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A FOURTH QUARTER ▪ Environmental Academy Sessions ▪ Adopt-A-Street (Fall) ▪ FEMA Flood Mitigation Map Changes ☐ 1 ☐ 2 ☒ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A ☐ 1 ☐ 2 ☒ 3 ☒ 4 ☐ N/A Environmental Quality Committee 2024 WORK PLAN 71 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose 1. To prepare a Comprehensive Plan for the future development of the City to be submitted to the Council for implementation and to recommend amendments of the Plan to the Council periodically as may be necessary or desirable. 2. To initiate, direct, and review, from time to time, a study of the provisions of the Zoning Ordinance and the subdivision regulations and to report to the Council its advice and recommendations with respect thereto. 3. To study applications and proposals for amendments to the Zoning Ordinance and applications for special permits and to advise the Council of its recommendations thereon. 4. To study preliminary plats and to advise the Council of its recommendations thereof. 5. To act in an advisory capacity to the Council in all matters wherein powers are assigned to the Council by the Charter or state law, concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. City Council Strategic Themes 1. City Center 2.0 - Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2. Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3. Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4. City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING ▪ Review applications, hold public hearings and make recommendations to the City Council. ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A FIRST QUARTER ▪ Appoint Commission Chair & Vice Chair ▪ Annual City Code Updates ▪ Review Planned Unit Developments (PUDs) – (February 21) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A SECOND QUARTER ▪ Educational Topic #1 (Staff Presentation) – Parking (March 20) ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A THIRD QUARTER ▪ Educational Topic #2 (Staff Presentation) – Solar ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A FOURTH QUARTER ▪ CIP Routed as Informational on Consent Agenda ☐ 1 ☐ 2 ☐ 3 ☐ 4 ☐ N/A Planning Commission 2024 WORK PLAN 72 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose The Plymouth Housing and Redevelopment Authority (HRA) promotes and contributes to the economic health of the community through the creation and maintenance of affordable, workforce and life-cycle housing and active participation in the City’s development and redevelopment processes. City Council Strategic Themes 1.City Center 2.0 -Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion, and community vitality. 2.Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3.Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4.City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors, and events. GOALS/PLANNING Strategic Priorities ON-GOING Monitor the HRA’s housing programs and services; the operations and finances of two senior buildings.☐1 ☐2 ☐3 ⾙4 ☐NA FIRST QUARTER Review HRA Strategic Plan Review TIF Program Review CDBG Annual Action Plan + Home Rehab Funds Review HRA’s scattered site rental program ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA SECOND QUARTER Consider new programming for Naturally Occurring Affordable Housing (NOAH) Consider use of pooled TIF ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA THIRD QUARTER Discuss HRA budget and tax levy HRA legislative priorities and recommendations ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA FOURTH QUARTER Review annual Work Plan and new initiatives for 2025 ☐1 ☐2 ☐3 ⾙4 ☐NA HOUSING AND REDEVELOPMENT AUTHORITY -HRA 2024 WORK PLAN 73 1-City Center 2.0 2-Redevelopment Vision 3-Environment 4-City of Choice Commission Purpose The purpose of the Parks and Recreation Advisory Commission is to review current and future community park and recreation needs, programs, and facilities and recommendations which will promote the implementation of the city’s park and recreation plans. City Council Strategic Themes 1.City Center 2.0 -Reimagining Plymouth City Center – the city’s central area – remains a top priority for City Council. Known as City Center 2.0, the city's long-term vision involves exploring land uses and improving infrastructure to encourage redevelopment that will draw people to the area and support commerce, art, recreation, inclusion and community vitality. 2.Redevelopment Vision - The primary objective of this theme is to consider how Plymouth can articulate its vision for long-range redevelopment citywide. The city will work to establish clear expectations for projects while partnering with developers to meet the desired outcomes. 3.Environment - Plymouth’s environmental efforts remain a priority, and the city will examine its impact and commitment to stewardship. 4.City of Choice - City Council determined that the city must build on its strengths in order to remain a city of choice for residents, businesses, organizations, visitors and events. GOALS/PLANNING Strategic Priorities ON-GOING Review current and future community park and recreation needs,programs,and facilities and recommend actions which will promote the implementation of the City’s Park and Recreation plans ⾙1 ☐2 ⾙3 ☐4 ☐NA FIRST QUARTER Appoint Commission Chair &Vice Chair PRAC 2024 Work Plan Organizational Development Update Plymouth Ice Center Update 2024 Special Events ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1☐2 ☐3 ☐4 ⾙NA ☐1☐2 ☐3 ⾙4 ☐NA ⾙1 ⾙2 ☐3⾙ 4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA SECOND QUARTER 2023 Annual Department Report Review VolunteerOperations Plymouth Blvd Construction Update ☐1 ☐2 ☐3 ☐4 ⾙NA ☐1 ☐2 ⾙3 ⾙4 ☐NA ⾙1 ⾙2 ⾙3 ☐4 ☐NA THIRD QUARTER Parks Tour Old Town Hall Update Fees and Policies ☐1 ☐2 ⾙3 ☐4 ☐NA ⾙1 ☐2 ⾙3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA FOURTH QUARTER Aquatics Update Inclusion Update 2025 Meeting Schedule ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ⾙4 ☐NA ☐1 ☐2 ☐3 ☐4 ⾙NA Parks and Recreation Advisory Commission 2024 WORK PLAN 74 Regular City Council February 20, 2024 Agenda Number:6.7 To:Dave Callister, City Manager Prepared by:Andrea Rich, Finance Director Reviewed by:Maria Solano, Deputy City Manager Item:Adopt resolution authorizing reimbursement from tax-exempt bonds for Plymouth Boulevard Project 1.Action Requested: Adopt attached resolution authorizing reimbursement from tax-exempt bonds for Plymouth Boulevard Project. 2.Background: In anticipation of future public infrastructure costs related to the Plymouth Boulevard Project, staff is recommending that the City Council adopt the attached resolution. The resolution provides options to the city in using future debt to pay for identified public infrastructure costs. The resolution does not commit the city to borrow money or authorize specific projects, but instead gives the city flexibility in using various financial tools to pay for these expenses. The amount listed in the resolution is a high-end estimate of anticipated project costs. 3.Budget Impact: There is no impact to the city budget. 4.Attachments: City Council Resolution 2024-075 75 CITY OF PLYMOUTH RESOLUTION NO. 2024-075 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 2024 or in 2025 (the "Declaration"). This Declaration relates to the Plymouth Boulevard 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 $15,000,000 (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 Plymouth Boulevard, north of Highway 55 and south of Rockford Road, 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. 76 Resolution 2024-075 Page 2 5. Effective Date. This resolution is effective upon the date of its approval. APPROVED by the City Council on this 20th day of February, 2024. 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 February 20, 2024, 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 _______________________, 2024. __________________________________ City Clerk 77 Regular City Council February 20, 2024 Agenda Number:6.8 To:Dave Callister, City Manager Prepared by:Chris McKenzie, Engineering Services Manager Reviewed by:Michael Thompson, Public Works Director Item:Approve Cooperative Agreement with Hennepin County for the multi-use trail along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and Highway 55 (ST230004) 1.Action Requested: Adopt attached resolution approving Agreement PW 09-17-24 with Hennepin County for the multi-use trail along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and Highway 55 (ST230004). 2.Background: The Minnesota Department of Transportation (MnDOT) has scheduled the Highway 55 Resurfacing Project for spring through fall of 2024. The highway resurfacing improvements will extend from the City of Golden Valley to Old Rockford Road in Plymouth, and includes pavement rehabilitation, storm sewer, intersection, signal, bridge repair, and pedestrian trail and cross walk improvements. On February 6, 2024, council approved a cooperative agreement with MnDOT that outlined the city's responsibilities and costs for the improvements in MnDOT right of way. The project scope also includes improvements of a multi-use trail and accessibility upgrades along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and Highway 55, which connects a missing segment of trail as identified in the city's overall trail system. This work is outside of MnDOT right-of-way and considered to be the responsibility of local agencies (Hennepin County and the City of Plymouth), which requires a separate agreement. Per the Hennepin County cost participation policy, the city is required to financially contribute to the trail installation and take over certain elements of maintenance in the future. The attached Agreement No. PW 09-17-24 defines responsibilities for each agency and financial contributions as part of the project. 3.Budget Impact: The city's cost with this agreement is $22,658 and includes the improvements ($20,598) and 10% contingency ($2,060). The total cost for the overall Highway 55 Resurfacing Project is estimated at $765,694 as outlined in the agreement with MnDOT previously approved by Council on February 6. Funding for this agreement would be from the Park Replacement Fund ($22,658). 4.Attachments: 78 Agreement Location Map City Council Resolution 2024-076 79 Agreement No. PW 09-17-24 County Project No. 2183540 County State Aid Highway No. 61 City of Plymouth County of Hennepin 1 ___ COOPERATIVE CONSTRUCTION AND MAINTENANCE AGREEMENT This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “City”. The County and the City collectively are referred to as the “Parties”. Recitals The following Recitals are incorporated into this Agreement. 1. The Minnesota Department of Transportation (MnDOT), in collaboration with the County and the City, is leading a Trunk Highway (TH) 55 Pavement Improvement Project between Old Rockford Road and General Mills Boulevard, which improvements include resurfacing TH 55, enhancing accessibility and safety, improving drainage, replacing traffic signals at certain intersections, and other associated construction upon, along, and adjacent to TH 55 (the “MnDOT Project”), as further shown in the plans under State Project (S.P.) No. 2722-93 and S.P. 2723-144, and as further depicted in Exhibit B (MnDOT Project Plan Title Sheet). 2. The County desires to construct a multi-use trail and accessibility upgrades along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and TH 55 within the corporate limits of the City as part of County Project (CP) No. 2183540, and which shall hereinafter be referred to as the “Project”. 3. The County has requested MnDOT to include the Project into the MnDOT Project to be constructed as part of the MnDOT Project and wish to cost participate for its share of the Project costs and associated engineering fees. 4. MnDOT has entered into a separate Construction Cooperative Agreement (MnDOT Contract No. 1054136)/(Hennepin County Agreement No. PW 08-40-24) with the County and the City for cost participation in the MnDOT Project construction and associated construction engineering services (the “Construction Cooperative Agreement” or “CCA”). The CCA provides that MnDOT is the lead agency in MnDOT Project design, construction, and construction engineering, and shall be responsible for acquiring all governmental agency- required permits needed for the Project. 5. The City desires to cost participate in the Project as provided herein. 6. The Parties have agreed to enter into this Agreement to memorialize the partnership and to outline each party’s cost participation and maintenance responsibilities relating to the Project 80 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 2 ___ constructed as part of the MnDOT Project within the corporate limits of the City. 7.The Project will be carried out by the Parties under the provisions of Minnesota Statutes, Section 162.17, Subdivision 1, and Section 471.59. Agreement NOW, THEREFORE, the Parties agree as follows: 1.Term of Agreement, Survival of Terms, and Exhibits. Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date.This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled. Survival of Terms.Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation,Termination, and Minnesota Laws Govern. Exhibits. All exhibits are attached and incorporated into this Agreement. 1.4.1 Exhibit A (Division of Cost Summary) 1.4.2 Exhibit B (MnDOT Project Plan Title Sheet) 2.Project Construction. Contract Award and Administration. Contract award and administration is to be performed by MnDOT as stipulated in the CCA. Plans and Specifications. To be developed by MnDOT pursuant to the CCA. Construction Supervision and Inspection. To be managed by MnDOT pursuant to the CCA. Plan Changes and Additional Construction. To be managed by MnDOT pursuant the CCA. Right of Way/Permit. 2.5.1 Right of Way Acquisition. The County or its agents have acquired all additional right of way, permits and/or easements required for the construction of the Project. 81 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 3 ___ 2.5.2 Access Rights and Permits.The City shall cooperate with the conveyance of any access or other property rights over the City right of way/property that may be required by the County for the Project. The Parties understand that any such access rights shall be subject to the City council approval and will be granted at no cost to the County. Any and all permits required by the City for the Project shall be granted at no cost or expense to the County and/or MnDOT or its contractors. These permits include but are not limited to the following: obstruction permits, after hours work permits, and permits related to City water & sanitary infrastructure. 2.5.3 Right of Way Cost. The City shall participate in the right of way cost for the Project as provided herein. The Parties understand and agree that the City’s share of the Project right of way cost is fifty percent (50%) of the total Project right of way cost (“City’s Right of Way Cost”). As further described in Exhibit A, the City’s Right of Way Cost is currently estimated to be $5,000 which shall be paid to the County as a part of the City’s total cost participation in the Project. Traffic Signal. The MnDOT Project will revise two traffic signal systems within the corporate limits of the City and within County road right of way on the intersection of CSAH 61 at TH 55 (“CSAH 61/TH 55 Signal” or “Signal System E” and on the intersection of CSAH 6 at TH 55 (“CSAH 6/TH 55 Signal” or “Signal System G”) as stated in the CCA. Maintenance of Signal System E and Signal System G is to be provided per the CCA. The Parties understand and agree that the CCA shall supersede and terminate MnDOT Agreement No. 72097 (Hennepin County Agreement No. PW 27- 40-94), dated August 4, 1994, between MnDOT, the County and the City. Street Lighting. Not applicable to the Project. Asbestos. The Project may include the removal of asbestos containing electrical conduit. Only firms licensed to conduct asbestos abatement shall be used for the safe removal of asbestos containing electrical conduit with proper shipping manifest prepared and submitted to appropriate agency. MnDOT is the lead agency in the Project construction and shall be responsible for the oversight of the removal of asbestos containing electrical conduit and compliance with the abovementioned specifications. Detours. The Project may require limited detouring of traffic onto the City’s streets. The Parties agree that there will be no compensation to the City for detours onto its streets required to construct the Project or the County Project. 3.Cost Participation. The City’s cost participation in the MnDOT Project is to be managed pursuant to the CCA. In addition to the MnDOT Project cost participation established in the CCA, and notwithstanding any conflicting provision set forth therein, the City will also pay the County for the City’s cost participation in the Project as provided in this Agreement. In addition to the City’s right of way cost participation for the Project as stated in Subsection 2.5.3 herein, the City shall participate in the Project contract construction costs (“Contract Construction Costs”) and associated Project construction administration fees (“Construction 82 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 4 ___ Engineering Costs”), collectively (“City’s Cost Participation”) as provided herein. The Parties understand and agree that MnDOT does not charge design engineering costs for the MnDOT Project and the Project. MnDOT will charge the County for the total costs of the Project and the City agrees to equally split the costs of the Project. Contract Construction Costs and Exhibit A Unit Prices. The City’s Cost Participation shall include the Contract Construction Costs for the Project as set forth in the estimated Division of Cost Summary shown in Exhibit A. For informational purposes only, the City’s share in Contract Construction Costs is currently estimated to be $14,443. The respective proportionate shares of the pro-rata pay items included in Exhibit A shall remain unchanged throughout the life of this Agreement. The Parties each understand and agree that the amount as shown in Exhibit A is an estimate of the Contract Construction Costs on the Project and the costs are based on the MnDOT Project as per the CCA, Schedule I. Construction Engineering Costs. The City’s Cost Participation shall also include reimbursement to the County for the City’s proportionate share of the Construction Engineering Costs for the Project. The City’s share of the Construction Engineering Costs shall be equal to eight percent (8%) of the total final amount of the City’s share of the Contract Construction Costs for the Project as specified in Subsection 3.1 above. For informational purposes only, the City’s share in Construction Engineering Costs is currently estimated to be $1,155. The Parties understand and agree that the City’s proportionate shares of the Construction Engineering Costs as listed in Exhibit A are estimated, and the City’s actual proportionate shares will be computed using the total final amount of the City’s share of the Contract Construction Costs for the Project. 4.Payment. The City’s payment for the City’s cost participation in the MnDOT Project is to be managed pursuant to the CCA. Notwithstanding the prior provision to the contrary, the City will pay for the City’s Cost Participation in the Project as provided herein. Amount Due. The City agrees to pay the City’s Cost Participation amount as described herein. When to Invoice. After execution of the Agreement and the CCA, and after the County has received the final invoices from MnDOT for the total cost of the Project including associated engineering and applicable addenda and change order costs, the County shall invoice the City for one hundred percent (100%) of the City’s Cost Participation for the Project. The City’s Cost Participation shall be based on actual contract unit prices applied to the estimated quantities shown in the plans for the Project. Pay to the Order of. Payments shall be made to the County, in the name of the Hennepin County Treasurer, by the City for the full amount due stated on the invoices within forty five (45) days of the invoice date. Where to Send Payment. The payment should include the date, the name of the County’s project manager (Mr.Caleb Brolsma), project name and county project number (C.P. 2183540). Payment and supporting documentation should be mailed to the following address: 83 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 5 ___ Hennepin County Accounts Receivable Mail Code 131 300 South 6th St Minneapolis, MN 55487 5.No Parking. No Parking and Its Enforcement. As part of the Project, “No-Parking” signs shall be installed as represented in the plans. In addition to the City’s cost participation as provided elsewhere in this Agreement, the City, at its expense and according to its practices, shall provide the enforcement for the prohibition of on-street parking on those portions of County road constructed under this Project recognizing the concurrent jurisdiction of the Sheriff of Hennepin County. Parking Restriction Modification. No modification of the above parking restrictions shall be made without first obtaining an approval from the County Highway Engineer permitting the modification and in accordance with the funding requirements of the Project. In addition to the City’s cost participation as provided elsewhere in this Agreement, the City shall, at its own expense, remove and replace City-owned signs that are within the construction limits of the Project if requested by the County's Project Engineer. 6.The City’s Maintenance Responsibilities. Upon completion of the Project, the City shall provide the following year-round maintenance at its sole cost as outlined below. Roadways.Maintenance of the City roadway segment reconstructed/revised under the Project. Maintenance includes, but is not limited to sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted City maintenance practices. Traffic Signal Components.To be managed pursuant to the CCA. Street Lighting. Not applicable to the Project. Sidewalks/Pedestrian Ramps. The City shall own and maintain sidewalks and pedestrian ramps constructed as part of the Project. Maintenance includes, but is not limited to, winter maintenance, debris removal, patching, crack repair, vegetation control,and any other maintenance activities as per accepted City maintenance practices. Pedestrian Refuges. The City shall maintain pedestrian refuges constructed/revised as part of the Project. Maintenance includes, but is not limited to, winter maintenance, debris removal, and any other maintenance activities as per accepted City maintenance practices. Multi-use Trail/Bicycle Facility. The City shall own and maintain the newly constructed multi-use trail/bicycle facilities constructed as part of the Project. 84 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 6 ___ Maintenance includes, but is not limited to trail surfacing, sweeping, vegetation control, winter maintenance, and any other maintenance activities according to City practices. Green Bicycle Conflict Zone Markings. Not applicable to the Project. City Road Pavement Striping and Crosswalk Markings. The City shall assume maintenance of all pavement striping on City streets reconstructed or revised under the Project and crosswalk markings for roadway users installed as a part of the Project. City Road Storm Sewers. The City shall own and maintain catch basins, manholes, and trunk lines serving areas beyond the County right of way constructed or reconstructed under the Project. Maintenance includes but is not limited to repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. Landscaping.The City shall own and maintain landscape/streetscape features (including those added to pedestrian bumpouts/curb extensions and medians) installed as part of the Project according to City practices at no cost to the County. Examples include trash removal, trimming, mowing, watering, irrigation maintenance and replanting/replacing. 7.The County’s Maintenance Responsibilities. Upon completion of the Project, the County shall provide year-round maintenance at its sole cost as outlined below. Roadways. Maintenance of CSAH 61 reconstructed under the Project. Maintenance includes, but is not limited to, sweeping, debris removal, resurfacing and seal coating, and any other maintenance activities according to accepted County maintenance practices. Traffic Signal Components.To be managed pursuant to the CCA. County Road Pavement Striping. The County shall thereafter maintain and repair all pavement striping for CSAH 61 installed as a part of the Project. Storm Sewers. The County shall own and maintain culverts, catch basins and leads, manholes, trunk lines and all other components that serve only County right of way constructed or reconstructed under the Project. Maintenance includes repairs to structures, casting, and adjacent curb section repairs along with removal of sediments, vegetation, and ice. 8.Authorized Representatives. In order to coordinate the services of the County with the activities of the City and vice versa so as to accomplish the purposes of this Agreement, the Hennepin County and the City Engineers or their designated representatives shall manage this Agreement on behalf of the County and the City. County of Hennepin: Carla Stueve 85 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 7 ___ County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0356 Carla.Stueve@hennepin.us City of Plymouth: Mike Payne City Engineer Plymouth City Hall 3400 Plymouth Blvd, Plymouth, MN 55447 Office:763-509-5538 mpayne@plymouthmn.gov 9.Assignment,Amendments, Default, Waiver, Agreement Complete, Cancellation or Termination. Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Notwithstanding this provision to the contrary, the provision does not prohibit the City from contracting or subcontracting the maintenance work prescribed herein. Amendments.Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the default is excused by the non-defaulting party, the non- defaulting party may upon written notice immediately cancel this Agreement in its entirety. Waiver. The Parties’failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by either party with or without cause upon thirty (30) day written notice. This Agreement may be terminated or cancelled by either party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation and obligations as provided in this Agreement for responsibilities and 86 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 8 ___ obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment that may be required to account for the effects of a breach. 10.Indemnification. The City Indemnifies the County.The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or the City’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this Agreement. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. The County Indemnifies the City. The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the County to perform fully, in any respect, all obligations under this Agreement. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 11.Insurance. The City agrees that any future contract let by the City for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors;2)Require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain the following insurance so as to assure the performance of its indemnification and hold harmless obligation. Limits (1)Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products -Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence -Combined Bodily Injury and Property Damage $1,500,000 87 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 9 ___ Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to any contracted operations covered under this Agreement. (2)Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non-owned, and hired automobiles:$1,500,000 (3)Workers’ Compensation and employer’s Liability: Workers’ Compensation:Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. Employer’s Liability. Bodily injury by: Accident –Each Accident $500,000 Disease –Policy Limit $500,000 Disease -Each Employee $500,000 (4)Professional Liability –Per Claim and Aggregate:$2,000,000 The above listed Professional Liability insurance will not be required in any construction contract let by the City if the City’s contractors are not required to perform design engineering as part of the construction contract. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City’s contractors to determine the need for and to procure additional insurance which may be needed in connection with the Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. 12.Worker Compensation Claims. City’s Employees. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility 88 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 10 ___ of the County. County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. 13.Records/Audits. The City agrees that the County, the State Auditor,or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project and the accounting practices and procedures of the City which involve transactions relating to this Agreement. 14.Nondiscrimination. The provisions of Minnesota Statute Section 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 15.Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 16.Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. (This space left intentionally blank) 89 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 11 ___ IN TESTIMONY WHEREOF,the Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF PLYMOUTH By: Mayor Date: By: City Manager Date: COUNTY OF HENNEPIN ATTEST: By:By:__________________________________ Deputy/Clerk of the County Board Chair of its County Board Date:Date: ________________________________ And: ________________________________ County Administrator Date: ________________________________ REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: And:_________________________________ Assistant County Administrator, Public Works By:Date:________________________________ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By:_________________________________ REVIEWED: County Highway Engineer Date:_______________________________ By: Sheri Selton Date:RECOMMENDED FOR APPROVAL By:_________________________________ Department Director, Transportation Operations 90 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 12 ___ Date:________________________________ EXHIBIT A Engineer’s Estimate and Division of Cost Summary 91 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 13 ___ 92 Agreement No. PW 09-17-24 CSAH No. 61, C.P. 2183540 14 ___ EXHIBIT B MnDOT Project Plan Title Sheet 93 26th Ave N Y u c c a Ln N 27th Ave N Annapol i s C ir N ¬«55 ")61 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. .0 200 Feet CSAH 61 (Northwest Boulevard) Proposed Multi Use TrailFebruary 2024 Xenium Lane N Proposed Trail Location 94 CITY OF PLYMOUTH RESOLUTION NO. 2024-076 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE MNDOT HIGHWAY 55 RESURFACING PROJECT 2723-144 (ST230004) WHEREAS, the State of Minnesota (MnDOT) has scheduled the resurfacing of Highway 55 from the City of Golden Valley to Old Rockford Road in 2024; and WHEREAS, with Plymouth supports the improvements needed within the corridor to improve both vehicle and pedestrian safety; and WHEREAS, Plymouth will cost share with signal and trail costs identified in the agreement and per County policy; and WHEREAS, Plymouth previously agreed to enter into a Cooperative Agreement No. 1054136, a three-party agreement between Plymouth, MnDOT, and Hennepin County for improvements; and WHEREAS, a separate agreement between Plymouth and Hennepin County is required for improvements of a multi-use trail and accessibility upgrades along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and TH 55; and WHEREAS, this segment of trail is identified as a gap in the city trail system desired to be constructed; and WHEREAS, Agreement PW 09-17-24 outlines project roles, financial contributions for the improvements, and long-term maintenance responsibilities for trail project elements. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City of Plymouth enter into Hennepin County Agreement PW 09-17-24 for improvements to multi-use trail and accessibility upgrades along County State Aid Highway (CSAH) 61 (Xenium Lane) between 26th Avenue and TH 55 under State Project No. 2723-144. 2. The Public Works Director is authorized and directed to finalize the terms of the Agreement with the County. 3. The Mayor and City Manager are authorized and directed to execute the final Agreement as negotiated by the Public Works Director and any amendments to the Agreement. 4. The estimated total cost of this agreement with Hennepin County is $22,658 and includes the improvements ($20,598) and 10% contingency ($2,060). 95 Resolution 2024-076 Page 2 of 2 BE IT FURTHER RESOLVED, that funding for this agreement would come from the Park Replacement Fund. APPROVED by the City Council on this 20th day of February, 2024. 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 February 20, 2024 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 96 Regular City Council February 20, 2024 Agenda Number:6.9 To:Dave Callister, City Manager Prepared by:Andrea Rich, Finance Director Reviewed by:Maria Solano, Deputy City Manager Item:(Moved to Item 8.5) Approve council new purchasing policy and other policy amendments 1.Action Requested: Adopt resolution approving new council policy and amendments. 2.Background: At the October 10, 2023 study session, staff provided an overview of council policies and noted policies were being reviewed to ensure accuracy, relevance and updated language with recommended updates being brought before council in the next several months. Many of the policies have minor changes (e.g., new format, change in titles, capitalization, etc.); however, below is a summary of the more substantive changes. Clean copies as well as marked up copies are attached. Minor changes - Abatement Policy, Fund Balance Policy, Post Issuance Debt Compliance Policy, Private Activity Revenue Bond Financing Policy, and Transit Policy. Credit Card Use Policy - (1) more restrictions on personal charges and (2) adding revocation language for inability to submit receipts in a timely manner. Electronic Transaction Policy - (1) removal of Community and Economic Development position from performing bank wire/ACH and (2) removal of credit card references as covered in separate policy. Expense Reimbursement and Travel Policy - (1) removed reference to car allowance, (2) applied out of area travel to City Council members, (3) added ability for City Council members to be reimbursed for events they attend representing the city (e.g., galas, etc.), (4) changed first and last day of meal reimbursement for travel to the GSA rates, (5) increased gratuity to 20% and (6) changed this policy to a finance policy vs a human resources policy. Financial Management Policies - (1) removed risk management language and redirected to the Risk Management Policy, (2) clarified the biennial budget process, (3) eliminated restriction relating to revenue for general obligation Ad Valorem debt, (4) added rate study language in reference to utility reserves, (5) updated investment language for best practice and new ability to invest in credit union CDs and (6) changed the banking RFP requirement to periodically vs strict five years. 97 Purchasing Policy and Procedures - previously, the purchasing "policy" was included in the Financial Management "Policy" for Departments. The new document has two parts - policy and procedure for ease of the user. The recommendation is for City Council to approve the policy portion. Staff recommends removing the Electronic Timekeeping Policy as a city council policy as the policy is more applicable at the administrative/procedural level. 3.Budget Impact: N/A 4.Attachments: Credit Card Use Electronic Transaction Expense Reimbursement and Travel - as amended Abatement Financial Management Fund Balance Post Issuance Debt Compliance Private Activity Revenue Bond Financing Transit Policy Purchasing Policy and Procedures Electronic Timekeeping Policy Credit Card Use Policy markup Electronic Transaction Policy markup Expense Reimbursement and Travel Policy markup Financial Management Policies markup Fund Balance Policy markup Post issuance debt compliance markup Private Activity Revenue Bond Financing markup Transit Policy markup City Council Resolution 2024-086 98 CREDIT CARD USE City Council Policy– Finance dept | Page 1 of 2 CREDIT CARD USE POLICY Purpose To establish the policy for purchasing goods and services using a credit card issued in the city’s name consistent with the authority and restrictions specified in state law (M.S. 471.382). Guidelines The city credit card is intended for purchases needed for city operations. Efficiencies gained through the use of credit cards are: Less time required at the point of sale with retailers Purchases may be made over the internet, resulting in lower costs Reservations can be made and held with travel and other vendors The total number of checks written is reduced Each department director will determine which employees will be assigned credit cards. Credit cards will be issued only when it is clear they will create efficiencies in the normal purchasing process. Upon approval of the department director, requests are forwarded to the finance director or designee for issuance of a card. Each card issued will bear the name of the City of Plymouth and the individual cardholder. The employee whose name is on the card is the only one authorized to use that card. It is the responsibility of the individual cardholder to: 1. Ensure that no one else uses the card. 2. Ensure the card is used only for legitimate city business expenditures in accordance with the cardholder’s job duties. Personal charges incurred as a part of travel costs should not be included. 3. Ensure city purchasing guidelines with respect to quotations and bids are followed. 4. Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders, etc.) and properly code and approve expenditures for payment. Purchases shall be approved by the cardholder’s supervisor. 5. Submit card statement and supporting documentation to the finance department – accounts payable as soon as feasible, but no later than 10 days after the close of the billing statement period. Documentation must be available to match to the credit card statement for the appropriate month. Failure to submit supporting documentation in a timely manner may result in card revocation. 6. Contact the credit card company and finance department immediately if the card is lost or stolen. 99 CREDIT CARD USE City Council Policy– Finance dept | Page 2 of 2 7. Any personal charges on the card made inadvertently must be reimbursed to the city at the time the documentation is submitted to the finance department. Credit limits will be established by the department director and finance director or designee for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals are not allowed with the cards. The employee shall be personally responsible financially for any improper or unauthorized use of the credit card, as specified in Minnesota Statutes 471.382. Administration The finance department will administer the issuance of cards and compliance with the above policy. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a city credit card will be subject to disciplinary action, up to and including dismissal and/or garnishment of wages if necessary to recover city funds. Cards must be returned to the city at time of separation. Resolution No. 2006-428, November 14, 2006 100 ELECTRONIC TRANSACTION City Council Policy– Finance dept | Page 1 of 2 ELECTRONIC TRANSACTION POLICY Purpose In accordance with Minnesota Statute §471.38, the city adopts the following electronic transaction policy. Electronic funds transfer is the process of value exchange without the use of checks, drafts or similar negotiable instruments. A local government may make an electronic funds transfer for the following: o Payment from an imprest payroll bank account or investment of excess money o Payment of tax or aid anticipation certificates o Payment of contributions to pension or retirement funds o Vendor payments o Payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund The city will utilize electronic funds transfer for disbursements related to the transmittal of payroll, payroll withholdings, debt service payments and other disbursements including vendor payments. City funds, both incoming and outgoing, may be processed by electronic funds transfer where deemed prudent and the most efficient method of payment or receipt. City Council shall annually by resolution, authorize the finance director, or their designee as identified below, to make electronic funds transfers. The disbursing bank shall keep on file a certified copy of the delegation of authority. The initiator of each electronic transfer shall be identified and shall document the request and obtain approval prior to initiating the transfer. Written confirmation of each electronic funds transfer shall be available within one business day of each transaction. With the exception of payroll and bond payments and investment transfers, a list of all electronic fund transfers shall be submitted to the City Council at the next regular City Council meeting following the transfer, if not approved beforehand. 101 ELECTRONIC TRANSACTION City Council Policy– Finance dept | Page 2 of 2 Wire Transfer or ACH (City Initiated) Payment Initiation o The finance director, assistant finance director and finance supervisor shall have the authority to initiate payments through wire transfer. o The finance director, assistant finance director, finance supervisor and accounts payable/payroll finance specialist shall have the authority to initiate payroll payments through direct deposit and withholding payments through ACH. Payment Review Documentation o Wire transfers require supporting documentation, department approval or City Council authorization, date of transaction, vendor and banking confirmation. o The finance department shall review supporting documentation, code the transaction to appropriate financial accounts and record the transaction in the financial system. Payment authorization o The finance director, assistant finance director or finance supervisor shall approve general wire transfers. o The finance director, assistant finance director or finance supervisor shall approve ACH transactions. o The finance director, assistant finance director or finance supervisor shall approve wire transfers from the payroll account. o Confirmation of the wire transfer or ACH debit from the vendor or banking institution will be kept on file by the finance department. ACH (Vendor Initiated) Payment Initiation – Finance director, assistant finance director or finance supervisor shall have the authority to initiate payments through an ACH debit. Payment Review and Documentation – The finance department shall review supporting documentation, code the transaction to appropriate financial accounts and record the transaction in the financial system. Payment Authorization o The finance director, assistant finance director or finance supervisor shall complete an ACH debit authorization to authorize an ACH debit transaction to be initiated by a vendor. o The finance director, assistant finance director or finance supervisor will add ACH positive pay authorization in the banking system for all entities approved for vendor initiated ACH. o The finance department shall receive confirmation of the ACH debit from the banking institution. Res. No. 2021-024, January 26, 2021 102 EXPENSE REIMBURSEMENT AND TRAVEL City Council Policy– Finance dept | Page 1 of 4 EXPENSE REIMBURSEMENT AND TRAVEL POLICY Policy The City of Plymouth supports the growth and development of employees for the increased efficiency and effectiveness of the organization. This policy establishes guidelines and procedures for the payment and reimbursement of travel and other city expenses incurred by employees and officials in the conduct of approved official city business. Applicability This policy applies to all employees and city officials including temporary, regular full and part-time employees, the mayor, council members and members of city commissions or committees. Authorization Employees must receive written supervisor approval for reimbursement of expenses. Supervisors shall approve mileage reimbursement only to conduct official city business due to lack of availability of a city vehicle or inappropriateness of staff vehicles for the intended work objective. The mayor and council members receive monthly compensation as set forth in the Plymouth City Code, which is intended to defray costs incurredwithin city limits (e.g., travel to/from city meetings, ribbon cuttings, etc.) and for official city business. For expenses incurred performing business on behalf of the city and outside of city limits, the mayor and council members are eligible for reimbursement as outlined in the out of area travel and metro area travel sections below. When possible, the mayor and council members should have out of area travel events approved in advance by a vote of the City Council at an open meeting including an estimated cost of the travel. In evaluating the request, the City Council will consider whether: o They will receive training on issues relevant to the city or to their role as the mayor or as a council member. o They will meet and network with other elected officials to exchange ideas on relevant topics or the role of local elected officials. o They will tour a facility or function that is similar in nature or under consideration by Plymouth where the purpose for the trip is to study the facility or function to bring back ideas for consideration. o They were assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister-city" relationship. o They were assigned by the City Council to testify on behalf of the city before congress or to meet with federal officials on behalf of the city. o Sufficient, budgeted funding is available to pay for the trip. 103 EXPENSE REIMBURSEMENT AND TRAVEL City Council Policy– Finance dept | Page 2 of 4 The city manager or designee shall approve City Council travel expense reimbursement for metro area travel. The City Council may authorize funds in the budget to defray the costs of events for which they are invited to represent the city. City board and commission members serve on a purely voluntary basis. The city does not reimburse any ordinary out-of-pocket expenses. Requests for reimbursement of other than ordinary expenses shall be considered on a case-by-case basis and requires city manager approval. The city manager shall provide a written memo of anticipated travel to the City Council in advance of the event, or as soon as possible in case of an emergency. No reimbursement will be made for attendance at events sponsored by or affiliated with political parties. Expense Reimbursement Procedure All reimbursement requests shall be submitted within 30 days of the date incurred to the finance department for processing. The city manager may, under unique circumstances, approve reimbursement for items submitted after the 30 day limit. Expense reimbursements less than $25 may be submitted to petty cash for payment with detailed documentation and appropriate approvals. Expense reimbursements in excess of $25 will be paid by check but separate from payroll checks. The city will reimburse mileage at the standard IRS rate per mile. Motorcycles or similar vehicles do not qualify for mileage reimbursement. Employees shall submit a completed reimbursement form to their supervisor for written approval with detailed documentation (e.g., mileage form, receipts, conference agenda, GSA rates, etc.). Travel Out of Area Travel Defined as official travel outside the seven-county metropolitan area (Anoka, Dakota, Hennepin, Ramsey, Scott, Washington and Carver) for an event/activity which may or may not require overnight lodging. The following are reimbursable expenses for official city business: A. Registration fees B. Transportation C. Lodging (single rate) D. Per diem for meals 104 EXPENSE REIMBURSEMENT AND TRAVEL City Council Policy– Finance dept | Page 3 of 4 B. Transportation o Where possible, employees are to use city vehicles in the conduct of city business. o Costs shall generally be based on a comparison between the cost and convenience of the lowest available air fare and travel by Personally Owned Vehicle (POV) or city vehicle with associated meals, lodging, parking and loss of work time costs. The city manager must approve any exception to this general rule. o Ground transportation, including buses, taxis, rental cars and parking shall be reimbursed if receipts are provided. The most cost effective and efficient mode of ground transportation shall be used. o Travel to and from the worksite (commuting) is not eligible for reimbursement, including evenings and weekends. o Travel may be reimbursable when an employee proceeds directly from their residence to official city business away from their regular or secondary worksite. Only the distance from their residence to the alternative destination minus the distance of their typical commute to their regular worksite is eligible. C. Lodging o Accommodations shall be appropriate to the purpose of the trip. o Rates for accommodations shall be comparable to those of other facilities in the area. o The hotel hosting a convention shall be deemed to be an appropriate accommodation. o The city will pay the single rate if the employee or official is accompanied by a guest or family member. D. Meals o Workshops, events or training in which meals are not included in the registration or fee, and public purpose is met in accordance with the Meal and Refreshment Policy, meal costs shall be reimbursed. o Expenses for meals, including a maximum gratuity of 20% when applicable, will be reimbursed in accordance with the US General Services Administration (GSA) Domestic Per Diem rates (www.gsa.gov) including the first and last day of travel. o Per diem meal expenses at the applicable daily rate do not require receipts. o Reimbursement for alcoholic beverages is prohibited. o If meals are provided at a conference/workshop and are included in the registration/fees, an employee may not request per diem for that specific meal. Metro Area Travel Defined as official travel inside the seven-county metropolitan area for an event/activity. Transportation o Travel to and from the worksite (commuting) is not eligible for reimbursement, including evenings and weekends. o Travel may be reimbursable when an employee proceeds directly from their residence to official city business away from their regular or secondary worksite. Only the distance 105 EXPENSE REIMBURSEMENT AND TRAVEL City Council Policy– Finance dept | Page 4 of 4 from their residence to the alternative destination minus the distance of their typical commute to their regular worksite is eligible. Meals o City-required attendance at day-long training/workshops with morning and afternoon sessions when no meal is provided between the two sessions. Meals before or after the event are not reimbursable. o Expenses for meals, including a maximum gratuity of 20% when applicable, will be reimbursed in accordance with the US General Services Administration (GSA) Domestic Per Diem rates (www.gsa.gov). o Reimbursement for alcoholic beverages is prohibited. o If meals are provided at a conference/workshop and are included in the registration/fees, an employee may not request per diem for that specific meal. References For further information, please reference the following information or consult your supervisor or department director. Equipment and Vehicle Operation – Plymouth Safety Policy Fleet Operation, Maintenance and Replacement Policy Resolution No. 2005-412, November 8, 2005 – Elected official Out-of-State Travel Policy Res. No. 2003-175, April 8, 2003 – Travel and Expense Policy supersedes: Res. No. 94-460, August 1, 1994; Res. No. 94-401, July 18, 1994; Res. No. 96-649, November 20, 1996; Res. No. 95-223, April 4, 1995; Res. No. 94-399, July 18, 1994 Res. No. 93-253, May 3, 1993 – Mileage Reimbursement Policy and Procedures Res. No. 83-199, April 11, 1983 – Policy Relating to Reimbursement of Ordinary Expenses to City Council, Commission and Board Members Res. No. 80-730 – Urging and Directing Members of Advisory Commissions to Physically View and Inspect Properties and Sites Which are Subject of Commission Deliberations Res. No. 2011-080, March 8, 2011 106 ABATEMENTS City Council Policy-Finance Dept| Page 1 of 2 POLICY RELATING TO ABATEMENTS FOR CORRECTION OF PROPERTY VALUATION, CLASSIFICATION, EXEMPTION OR HOMESTEAD STATUS In General The city desires to provide a means through which abatements can be made for the current assessment year in order that city records remain accurate. Policy The city assessor or his designee may accept and consider applications for abatement of property valuation, classification, exemption or homestead status. An abatement request will be made in a form acceptable to the city assessor, Hennepin County and the State Department of Revenue. Each abatement will be processed without a $25 administrative charge except in those instances where the property owner is making application for the second consecutive year or more. Abatement requests are of two general types and the policies applicable to each are set forth below. Abatement Requests for Valuation, Exemption or Classification Valuation, exemption or classification abatements will be allowed for the following: o Clerical or typographical errors o Changes in property tax laws o Errors in judgment Application for an abatement for the current assessment year involving valuation and/or property classification, other than homestead, may be accepted the day following the adjournment of the County Board of Equalization and may be accepted until May 15th in the year the tax is payable. Values will be adjusted to market value. An analysis will be made by the appraisal staff to determine the market value of the parcel to be abated. The analysis may be made in one of two ways. First, an Analysis of Comparable Sales Worksheet may be completed. Second, the equalized value may be determined by reviewing the property and applying the established rates for the year of the abatement. Then, dividing the equalized value by the average assessment ratio for the same class of property for the same year. For commercial, industrial or apartment parcels, all three approaches to value (market, cost and income) should be used. 107 ABATEMENTS City Council Policy-Finance Dept| Page 2 of 2 Abatement Requests for Homestead Status Homestead abatements will be allowed for the following: o Clerical or typographical errors o Changes in property tax laws o Property owner excusable negligence Application for a homestead abatement for the current or preceding assessment year may be accepted the day following the adjournment of the County Board of Equalization and may be accepted until May 15th in the year following the year the tax is payable. For homestead abatements the property owner is responsible for proof of ownership, substantial proof of occupancy, and reason(s) why the property owner failed to properly homestead. Resolution No. 92–53, January 17, 1992 108 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 1 of 9 FINANCIAL MANAGEMENT POLICIES Purpose The City of Plymouth is responsible to its citizens to carefully account for public funds, to manage municipal finances wisely and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. The city is also accountable for providing both short- term and long-term financial stability. The city must ensure that it is capable of adequately funding and providing local government services needed by the community. These financial policies provide the framework for the overall fiscal management of the city. Operating independently of changing circumstance and conditions, the policies assist the decision-making processes of the City Council and management. Most of the policies represent long standing principles, tradition and practices which have guided the city in the past and have helped maintain financial stability over the past years. These financial policies will be reviewed periodically to determine if changes are necessary. Objectives To achieve this purpose, the plan has the following objectives for the city’s fiscal performance: Provide sufficient financial stability to prevent fiscal difficulties which may encumber or impact the City Council’s ability to make important decisions. Provide sound policies to guide those decision of the City Council and management which may have significant fiscal effects. Provide adequate, timely and accurate information to facilitate the City Council and management decision making. Establish policies which ensure efficient and effective city operations. Minimize investment and financial risk. Employ policies which promote sustainable revenue sources. Employ fair user charges where the direct benefit is identifiable and the cost is measurable. Provide and maintain adequate, good quality public facilities and infrastructure. Protect and enhance the city’s credit rating. Ensure the legal use and protection of all city funds through a sound system of financial and internal controls. Maintain a risk management program that minimizes the impact of legal liabilities, natural disasters or other emergencies (see separate Risk Management Policy). Leverage private enterprise to perform public services whenever it is reasonably possible to do so without undue risk. Enhance and protect the quality and diversity of the tax base. Have a long-range point of view on all major decisions. 109 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 2 of 9 Enter into intergovernmental agreements to provide services and facilities when economies can be realized. Seek cost savings in operations wherever possible without affecting service levels. Financial Management Policies Capital Improvement Budget Policies The city will adopt a ten-year capital improvement and expenditure plan and update it biennially. The city will alternate development of the capital improvement budget with the development of the operating budget with the capital budget updated in even years and operating budget in odd years (e.g., build 2024/25 operating budget in 2023). Future operating costs associated with new capital improvement will be projected and included in operating budget forecasts. The city will project its equipment replacement and maintenance needs for the next 25 years and will update this projection biennially in conjunction with the capital budget. Based on the projection, a maintenance and replacement schedule will be developed and included in the operating budget. The city will strive to maintain all of its assets at a level adequate to protect the city’s capital investment and to minimize future maintenance and replacement costs. The city staff will identify the estimated costs and potential funding sources, including the consideration of joint ventures with other public or private entities, for each capital project proposal before it is submitted to the City Council for approval. The city will determine the least costly financing method considering the life of the asset. The city will develop long-range plans and forecasts relating to future development of the city. Revenue Policies The city will estimate its annual revenue by a conservative and analytical process. The city will maintain sound property appraisal procedures. Property value will be re-assessed at least every four years at the legally mandated market value for each class of property. Whenever user charges and fees are determined to be appropriate and the direct benefits are identifiable, the city will establish user charges and fees at a level related to the cost of providing the service (operating, direct, indirect and capital). Fees will be reviewed annually. The city will set fees and user charges for each enterprise fund, such as water, sewer and solid waste, at a level which fully supports the total direct and indirect costs of the activity, subject to market conditions. Indirect costs include the cost of annual depreciation of capital assets acquired with enterprise funds. The city will establish an ongoing program to assure the recovery of net property tax delinquencies and abatements from any year in setting the annual property tax levy. The city will develop contingency plans for the potential losses of federal, state and county aid. 110 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 3 of 9 Debt Policies The city will confine long-term borrowing to capital improvements or projects which cannot be financed from current revenues. In addition, the city will not incur debt to support current operations. When the city finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the project. In all bond issues, at least 50% of the principal shall be retired within ten years. The city will attempt to keep the maturity of general obligation bonds and general obligation guaranteed bonds at or below 20 years. Total general obligation debt will not exceed 2% of the market valuation of taxable property. Where possible, the city will use special assessment, revenue or other self-supporting bonds instead of general obligation Ad Valorem bonds. The city will maintain open communications with bond rating agencies regarding its financial condition. The city will follow a policy of full disclosure in every financial report and bond prospectus. The city will develop a set of written policies concerning the use of Tax Increment Financing (TIF) as a development incentive. Enterprise Fund Reserve Policy Each non-utility enterprise fund shall set rates and charges/user fees such that there is a reasonable rate of cost recovery. Rate studies shall be performed for the utility funds to ensure funding for the enterprise operating costs and capital. The funding may be in the form of rates, charges/user fees, bond issuance, etc. General Fund Reserve and Operating Surplus Policy The city shall not use tax anticipation borrowings to cover operating expenses. The year-end fund balance shall be equal to 40% of the following year’s general fund expenditure budget. In the event that there is a general fund operating surplus in a given year, it shall be utilized in the following manner: o Allocate funds to the general fund balance to the level that the year end fund balance is equal to 40% of the following year’s general fund expenditure budget. o Allocate funds to provide additional financing for insolvent or high percentage annual increase reserve funds (e.g., park replacement fund, central equipment fund, public facilities fund, information technology fund and risk management fund, etc.). o Allocate funds to pay off existing multi-year general fund obligations financed through inter-fund loans. o Allocate funds to the capital improvement fund. o Purchase high priority one-time capital needs. 111 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 4 of 9 o Allocate funds to reduce future debt service requirements. o Allocate funds in a manner that provides non-escalating future taxation and helps preserve city assets. Cash Management Policy It is the policy of the city to pool cash balances from all funds to maximize investment earnings. Exceptions include legal and specific practical requirements that demand segregation of funds. Funds received are to be deposited into an interest bearing account with the city’s currently designated official depository within a reasonable time, usually by the next business day. Cash on hand is to be kept to the minimum required to meet daily operational needs. Funds shall be kept in an interest bearing account with the city’s currently designated official depository in an amount sufficient to fully cover all outstanding checks. Funds at the city’s currently designated official depository shall be monitored on a daily basis to make certain that they never exceed the amount of collateralization provided. Investment Policies Objectives The city will invest public funds in a manner which will provide the highest investment return with minimum risk while meeting the daily cash flow demands of the entity and conforming to all federal, state and local regulations governing the investment of public funds. The primary objectives, in priority order, of investment activities shall be safety, liquidity and yield: Safety – Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. o Credit Risk – The city will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: Limiting investments to the safest types of securities. Diversifying the investment portfolio so that potential losses on individual securities will be minimized. o Interest Rate Risk – The city will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: Structuring the investment portfolio so that securities mature to meet cash requirement for ongoing operation, thereby avoiding the need to sell securities on the open market prior to maturity. Investing a share of funds sufficient to cover current operation in shorter-term securities such as commercial paper, agency discount notes and money market funds. Liquidity – The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonable anticipated. This is accomplished by structuring the 112 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 5 of 9 portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be place in money market funds which offer same- day liquidity for short-term funds. Yield – The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: o A security with declining credit quality may be sold early to minimize loss of principal. o A security swap would improve the quality, yield or target duration in the portfolio. o Liquidity needs or the portfolio requires that the security be sold. Standards of Care Prudence – The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Ethics and Conflicts of Interest – Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interest in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the city. Delegation of Authority – Authority to manage the investment program is granted to the finance director. The finance director may authorize other individuals to act on his/her behalf in accordance with established procedures and internal controls for the operation of the investment program. 113 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 6 of 9 Safekeeping and Custody – The city will conduct investment transactions only with authorized broker/dealers that have met the following criteria: o They act as primary or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule). o They submit a Minnesota State Auditor Broker Certification form annually to the finance director. All broker /dealer relationships, providing they meet the above requirements, will be approved by and maintained at the discretion of the finance director. The city will maintain at least three broker/dealers to seek to diversify and allow for comparable quotes on investment transactions. All investments must be purchased from institutional brokers. Delivery vs Payment – All trades where applicable will be executed by delivery vs. payment to ensure that securities are deposited in an eligible financial institution prior to release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. Suitable and Authorized Investments Under Minnesota Statutes there are a number of ways in which available funds can be invested; however, it is the intent of this policy to limit the available investment options to the following: Governmental bonds, notes, bills, mortgages or other securities which are direct obligations (or guaranteed or insured issues) of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. Mortgage-backed securities that are defined as high risk according to MN Statutes 118A.04 Subd. 6 or certificates of deposit secured by letter of credit issued by federal home loan banks are not permissible investments. General obligation bonds of state or local governments with taxing powers rated “A” or better by a national bond rating service. Revenue obligations of a state or local government with taxing powers rated “AA” or better by a national bond rating service. General obligation bonds of the Minnesota Housing Finance Agency rated “A” or better by a national bond rating service. Certificates of Deposits (time deposits) that are fully insured by the Federal Deposit Insurance Corporation or National Credit Union Administration. Bankers acceptances of United States banks, eligible for purchase by the Federal Reserve System, that mature in 270 days or less. The accepting bank must be rated a minimum “A” (very strong bank) by a nationally recognized rating agency. Commercial paper issued by United States corporations or their Canadian subsidiaries with a maturity of 270 days or less, rated in the highest tier (A-1, P-1 or F-1) by at least two nationally recognized rating agencies. Repurchase agreements consisting of collateral allowable in Minnesota Statute, Section 118A.04. 114 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 7 of 9 Securities lending agreements as authorized by state statute Section 118A Subdivision 2, clause (1) or (2). The collateral for transactions entered into with institutions meeting the qualifications of Subdivision 2 is restricted to the securities described in Section 118A.05 and Section 118A.04. Money market mutual that are rated “Aa” or higher by at least one nationally recognized statistical rating organization, invest in securities with a final maturity no longer than 13 months, are generally government backed and do not have a floating Net Asset Value (NAV). Investment Parameters Diversification – The investments shall be diversified with the following restraints: Security Type % of Portfolio (Type)% of Portfolio (Issuer) US Treasuries Up to 100%Up to 100% GSE Agency Notes Up to 100%Up to 100% Mortgage-Backed Securities Up to 50%Up to 50% Municipal Obligations Up to 50%Up to 50% Certificates of Deposits Up to 50%FDIC Insurance Limit Bankers Acceptances Up to 50%Up to 10% Commercial Paper Up to 25%Up to 5% Money Market Funds Up to 100%Up to 100% Repurchase Agreements Up to 25%Up to 5% Due to fluctuation in the value of the portfolio, maximum percentages for a particular issuer or investment type may be exceed subsequent to the purchase or maturity of a specific security. Securities should not be liquidated to realign the portfolio; however, this should be considered when making future purchases. Maximum Maturities – The city has an investment time frame of up to fifteen years with a majority of investments maturing within five years. Investments over five years in length will only be made if a superior return can be realized and the funds will not be needed for that length of time. Reporting The finance director shall prepare an investment report quarterly providing an analysis of the current investment portfolio (including return analysis and investment income). Designation of Official Bank The City of Plymouth will designate an official general depository to provided ACH deposits, receipts of deposits, general and payroll checking, sweep account for investment of available balances, escrow savings accounts and wire transfer services. The following steps must be undertaken to designate an official general depository: The city will periodically seek proposals from all financial institutions that have an office in the City of Plymouth. Selection will be based on qualifications, service provided and cost of service. 115 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 8 of 9 The official general depository must be officially approved by the City Council on an annual basis. Collateral must be maintained by the official general depository in a form allowed by State Statue, and in an amount sufficient to cover overnight bank balances plus 10%. o The city must have an executed “Depository Agreement” on file which requires the depository to pledge appropriate collateral to secure all funds deposited. Such agreement requires the depository to deliver appropriate collateral for safekeeping to an independent third party financial institution. o The city must have the necessary “Escrow Agreement” in place. The escrow agreement is an agreement with a third party who has agreed to hold all pledged collateral in safekeeping subject to the conditions set forth in the agreement. Accounting, Auditing and Financial Reporting Policies The city will attempt to maintain the GFOA Certificate of Excellence in Financial Reporting. Accounting policies will reflect the principle of charging current taxpayers and/or users for the full cost of providing current services. Regular monthly reports will present a summary of financial activity by major types of funds as compared to budget. An independent public accounting firm will perform an annual audit and will publicly issue an opinion concerning the city’s finances. Operating Budgeting Policies The city will adopt a balanced budget in accordance with the city charter. The city will match all current expenditures with current revenues. The city will avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ revenues. The city will annually appropriate a contingency appropriation in the general fund budget, not to exceed 5% of the total budget, to provide for unanticipated expenditures of a non-recurring nature. The city manager, when submitting the proposed budget to the City Council, will submit a balanced budget in which appropriations will not exceed the total of the estimated general fund revenue and the fund balance available after applying the general fund reserve policy. In the event there is an unanticipated shortfall of revenues in a current year budget, the city manager may recommend the use of a portion of the general fund balance, not to exceed the amount available after deducting amounts reserved for items not readily convertible to cash or reserved for working capital or already appropriated to the general fund current budget, as shown on the most recent general fund reserve policy as established by the City Council. The budget will provide for adequate maintenance of the capital facilities and equipment, and for their orderly replacement. The budget will provide for adequate funding of all retirement systems and labor agreements. 116 FINANCIAL MANAGEMENT City Council Policy– Finance dept | Page 9 of 9 The city administration will prepare regular monthly reports comparing actual revenues and expenditures to the budgeted amount. The operating budget will describe the major goals to be achieved and the services and programs to be delivered for the level of funding provided. Before adding a new program or service, the city will consider cost benefit analysis of using outside contractors versus in-house provided services. Res. No. 2002-554, December 17, 2002 Supersedes Res. No. 96-533, October 2, 1996; Res. No. 2000-216, April 25, 2000 117 FUND BALANCE City Council Policy– Finance dept | Page 1 of 2 FUND BALANCE POLICY This policy outlines the components of fund balance as established in Governmental Accounting Standards Board (GASB) reporting guidelines. All components may not necessarily be presented as circumstances may differ from year-to-year requiring use of only some of the component classifications. This policy will also ensure that adequate resources are available to meet cash flow needs for carrying out the regular operations of the city. Fund Balance Classifications Non spendable – generally means that it is not expected to be converted to cash. For example, inventories or prepaid items would be included in this classification. Restricted – when constraints are externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, or by law through constitutional provisions of enabling legislation. Committed – constraints on use are imposed by Council and can only be removed by Council action. Action to commit funds must be taken prior to the end of the fiscal year, but the amount may be determined in the subsequent period. Assigned – amounts are intended to be used for a specific purpose but are neither restricted nor committed. Unassigned – this is the residual amount for the General Fund and represents fund balance that has not been restricted, committed or assigned. The General Fund is the only fund that reports a positive unassigned fund balance amount. The City Council authorized the finance director, deputy city manager and/or city manager to assign fund balance that reflects the city’s intended use of those funds. When both restricted and unrestricted resources are available for use, it is the city’s policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the city’s policy to use resources in the following order: 1) committed, 2) assigned, 3) unassigned. These fund balance classifications apply only to governmental funds, not enterprise or internal service funds. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for n other funds. The General Fund’s resources finance a wide range of functions including the operations of general government, public safety, community development and public works. 118 FUND BALANCE City Council Policy– Finance dept | Page 2 of 2 Since a significant source of revenue in the General Fund comes from property taxes, maintaining an adequate fund balance is essential to ensure that sufficient resources are available to fund basic city functions between property tax settlements. The city will strive to maintain a total fund balance in the General Fund of 40% which will be calculated based on the following year’s expenditure budget. If the fund balance amount exceeds 40%, the difference may be transferred out to other funds based on the guidelines outlined in the Financial Management Policy; however, consideration for non-spendable and restricted amounts will be given and may result in a fund balance that exceeds 40% in a given year. For example, a restriction of fund balance may be used to offset revenues earned in one year where substantial services required to be performed are in the next fiscal period. If the fund balance falls below 40% of the following year’s expenditures budget, the city will develop and implement a plan to replenish the fund. Special Revenue Funds The funds are established to account for specific revenue sources that provide expenditure funding for a substantial portion of the fund’s resources on an on-going basis. Positive fund balances will be restricted, committed or assigned to expenditures for a specific purpose other than debt service or capital projects. Capital Funds Positive balances in capital funds associated with incomplete capital budget projects within the city’s adopted capital improvement program are committed and unavailable for other purposes. All other positive balances in capital funds are considered assigned for the capital purposes of each fund. Debt Service Funds Debt service funds are used to account for and report financial resources that are restricted, committed or assigned for principal and interest expenditures. Res. No. 2011-362, October 25, 2011 119 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 1 of 7 POST-ISSUANCE DEBT COMPLIANCE POLICY The City Council (the “Council”) of the City of Plymouth, Minnesota (the “city”) has chosen, by policy, to take steps to help ensure that all obligations will be in compliance with all applicable federal regulations. This policy may be amended, as necessary, in the future. Background The Internal Revenue Service (IRS) is responsible for enforcing compliance with the Internal Revenue Code (the “Code”) and regulations promulgated thereunder (“Treasury Regulations”) governing certain obligations (for example: tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various “Tax Credit” Bonds). The IRS expects issuers and beneficiaries of these obligations to adopt and implement a post-issuance debt compliance policy and procedures to safeguard against post- issuance violations. Post-Issuance Debt Compliance Policy Objective The city desires to monitor these obligations to ensure compliance with the Code and Treasury Regulations. To help ensure compliance, the city has developed the following policy (the “Post-Issuance Debt Compliance Policy”). The Post-Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form of debt that is subject to compliance. Post-Issuance Debt Compliance Policy The finance director of the city is designated as the city’s agent who is responsible for post-issuance compliance of these obligations. The finance director shall assemble all relevant documentation, records and activities required to ensure post-issuance debt compliance as further detailed in corresponding procedures (the “Post-Issuance Debt Compliance Procedures”). At a minimum, the Post-Issuance Debt Compliance Procedures for each qualifying obligation will address the following: 1. General post-issuance compliance 2. Proper and timely use of obligation proceeds and obligation-financed property 3. Arbitrage yield restriction and rebate 4. Timely filings and other general requirements 5. Additional undertakings or activities that support points 1 through 4 above 6. Other requirements that become necessary in the future The finance director shall apply the Post-Issuance Debt Compliance Procedures to each qualifying obligation and maintain a record of the results. Further, the finance director will ensure that the Post- Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. 120 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 2 of 7 The finance director or any other individual responsible for assisting the finance director in maintaining records needed to ensure post-issuance debt compliance, are authorized to expend funds as needed to attend training or secure use of other educational resources for ensuring compliance such as consulting, publications and compliance assistance. Most of the provisions of this Post-Issuance Debt Compliance Policy are not applicable to taxable governmental obligations unless there is a reasonable possibility that the city may refund their taxable governmental obligation, in whole or in part, with the proceeds of a tax-exempt governmental obligation. If this refunding possibility exists, then the finance director shall treat the taxable governmental obligation as if such issue were an issue of tax-exempt governmental obligations and comply with the requirement of this Post-Issuance Debt Compliance Policy. The city may issue tax-exempt obligations as “qualified 501(c)(3) bonds” that are not governmental obligations or conduit bonds where the proceeds are loaned to a qualifying party. Prior to the issuance of qualified 501(c)(3) bonds, the finance director shall take steps necessary to ensure that such obligations will remain in compliance with the requirements of this Post-Issuance Debt Compliance Policy. In a case where compliance activities are reasonably within the control of a qualifying party, the finance director may determine that all or some portion of compliance responsibilities described in this Post-Issuance Debt Compliance Policy shall be assigned to the relevant qualifying party. In a case where the finance director is concerned about the compliance ability of a qualifying party, the finance director may require that a trustee be retained for the obligation and that the trustee be responsible for all or some portion of the compliance responsibilities. The finance director is additionally authorized to seek the advice, as necessary, of bond counsel and/or its financial advisor to ensure the city is in compliance with this Post-Issuance Debt Compliance Policy. Res. No. 2012-089, Mach 13, 2012 121 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 3 of 7 Post-Issuance Debt Compliance Procedures The City Council has adopted the attached Post-Issuance Debt Compliance Policy. The Post-Issuance Debt Compliance Policy applies to qualifying debt obligations issued by the city. As directed by the adoption of the Post-Issuance Debt Compliance Policy, the finance director will perform the following Post-Issuance Debt Compliance Procedures for all of the city’s outstanding debt. 1. General Post-Issuance Compliance Ensure written procedures and/or guidelines have been put in place for individuals to follow when more than one person is responsible for ensuring compliance with Post-Issuance Debt Compliance Procedures. Ensure training and/or educational resources for post-issuance compliance have been approved and obtained. The finance director of the city understands that there are options for voluntarily correcting failures to comply with post-issuance compliance requirements (such as remedial actions under Section 1.141-12 of the Treasury Regulations and the ability to enter into a closing agreement under the Tax-Exempt bonds Voluntary Closing Agreement Program described in Notice 2008- 31). 2. General Recordkeeping Retain records and documents for the obligation for a period of at least seven years following the final payment or the date in which obligation is redeemed unless otherwise directed by bond counsel. Retain both paper and electronic version of records and documents for the obligation. General records and documentation to be assembled and retained: o Description of the purpose of the obligation (referred to as the project) and the state statute authorizing the project. o Record of tax-exempt status or revocation of tax-exempt status, if applicable. o Any correspondence between the city and the IRS. o Audited financial statements. o Bond transcripts, official statements and other offering documents of the obligation. o Minutes and resolutions authorizing the issuance of the obligation. o Certifications of the issue price of the obligation. o Any formal elections for the obligation (e.g., election to employ an accounting methodology other than the specific tracing method). o Appraisals, demand surveys, or feasibility studies for property financed by the obligation. o Documents related to governmental grants, associated with construction, renovation or purchase of property financed with the obligation. o Reports of any prior IRS examinations of the city or the city’s obligation. 122 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 4 of 7 3. Arbitrage Yield Restriction and Rebate Recordkeeping Investment and arbitrage documentation to be assembled and retained: o An accounting of all deposits, expenditures, interest income and asset balances associated with each fund established in connection with the obligation. This includes an accounting of all monies deposited to the debt service account to make debt service payments on the obligation, regardless of the source derived. Accounting for expenditures and assets is described in further detail in Section 4. o Statements prepared by trustee or investment provider. o Documentation of at least quarterly allocations of investments and investment earnings to each obligation (i.e., un-commingling analysis). o Documentation for investments made with obligation proceeds such as: Investment contracts (e.g., guaranteed investment contracts). Credit enhancement transactions (e.g., bond insurance contracts). Financial derivatives (swaps, caps, etc.). Bidding of financial products. Investments acquired with obligation process are purchased at fair market value (i.e., three bids for open market securities needed in advance refunding escrows). Computations of the arbitrage yield. Computations of yield restriction and rebate amounts including but not limited to: o Compliance in meeting the “Temporary Period from Yield Restriction Exception” and limiting the investment of funds after the temporary period expires. o Compliance in meeting the “Rebate Exception”. Qualifying for the “Small Issuer Exception” Qualifying for a “Spending Exception” 6 Month Spending Exception 18 Month Spending Exception 24 Month Spending Exception Qualifying for the “Bona Fide Debt Service Fund Exception” Quantifying arbitrage on all funds established in connection with the obligation in lieu of satisfying arbitrage exceptions (including Reserve Funds and Debt Service Funds) Computations of yield restriction and rebate payments. Timely Tax Form 8038-T filing, if applicable. o Remit any arbitrage liability associated with the obligation to the IRS at each five year anniversary date of the obligation, and the date in which the obligation is no longer outstanding (redemption or maturity date), whichever comes sooner, within 60 days of said date. 123 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 5 of 7 Timely tax Form 8038-R filing, if applicable. Procedures or guidelines for monitoring instances where compliance with applicable yield restriction requirements depends on subsequent reinvestment or obligation process in lower yielding investments (for example: reinvestment in zero coupon SLGS). 4. Expenditure and Asset Documentation to be Assembled and Retained Documentation of allocations of obligation proceeds to expenditures (i.e., allocation of proceeds to expenditures for the construction, renovation or purchase of facilities owned and used in the performance of exempt purposes). o Such allocation will be done not later than the earlier of: Eighteen (18) months after the later of the date the expenditure is paid, or the date the project, if any, that is financed by the tax-exempt bond issue is placed in service; or the date sixty (60) days after the earlier of the fifth anniversary of the issue date of the tax-exempt bond issue, or the date sixty (60) days after the retirement of the tax-exempt bond issue. Documentation of allocations of obligation proceeds to issuance costs. Copies of requisitions, draw schedules, draw requests, invoices, bills and cancelled checks related to obligation proceed expenditures during the construction period. Copies of all contracts entered into for the construction, renovation or purchase of facilities financed with obligation proceeds. Records of expenditure reimbursements incurred prior to issuing bonds for facilities financed with obligation proceeds (Declaration of Official Intent/Reimbursement Resolutions including all modifications). List of all facilities and equipment financed with obligation proceeds. Depreciation schedules for depreciable property financed with obligation proceeds. Documentation that tracks the purchase and sale of assets financed with obligation proceeds. Documentation of timely payment of principal and interest payments on the obligation. Tracking of all issue proceeds and the transfer of proceeds into the debt service fund as appropriate. Documentation that excess earnings from a reserve fund is transferred to the debt service fund on an annual basis. Excess earnings are balances in a reserve fund that exceed the reserve fund requirement. 5. Miscellaneous Documentation to be Assembled and Retained Ensure that the project, while the obligation is outstanding, will avoid IRS private activity concerns. o The finance director shall monitor the issue of all obligation-financed facilities in order to: determine whether private business uses of obligation-financed facilities have exceeded the de minimus limits set forth in Section 141(b) of the Code as a result of sale of the facilities including sale of capacity rights, leases and subleases of facilities including easements or use arrangements for areas outside the four walls (e.g., hosting 124 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 6 of 7 of cell phone towers), leasehold improvement contracts, licenses, management contracts in which the city authorizes a third party to operate a facility (e.g., cafeteria), research contracts, preference arrangements in which the city permits a third party preference, such as parking in a public parking lot, joint ventures, limited liability companies or partnership arrangements, output contracts or other contracts for use of utility facilities (including contracts with large utility users), development agreements which provide for guaranteed payments or property values from a developer, grants or loans made to private entities (including special assessment agreements), naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons; and determine whether private security or payments that exceed the de minimus limits set forth in Section 141(b) of the Code have been provided by nongovernmental persons with respect to such obligation-financed facilities. o The finance director shall provide training and education resources to any city staff that have the primary responsibility for the operation, maintenance, or inspection of obligation-financed facilities with regard to the limitations on the private business use of obligation-financed facilities and as to the limitations on the private security or payments with respect to obligation-financed facilities. The finance director shall undertake the following with respect to the obligations: o An annual review of the books and records maintained by the city with respect to such obligations; and o an annual physical inspection of the facilities financed with the proceeds of such obligations, conducted by the finance director with the assistance of any city staff who have the primary responsibility for the operation, maintenance or inspection of such obligation-financed facilities. Changes in the project that impact the terms or commitments of the obligation are properly documented and necessary certificates or opinions are on file. 6. Additional Undertakings and Activities that Support Sections 1 through 5 above: The finance director will notify the city’s bond counsel, financial advisor and arbitrage provider of any survey or inquiry by the IRS immediately upon receipt (usually responses to IRS inquiries are due within 21 days of receipt. Such IRS responses require the review of the above mentioned data and must be in writing. As much time as possible is helpful in preparing the response). The finance director will consult with the city’s bond counsel, financial advisor and arbitrage provider before engaging in post-issuance credit enhancement transactions (e.g., bond insurance, letter of credit, or hedging transactions (e.g., interest rate swap, cap). The finance director will monitor all “qualified tax-exempt debt obligations” within the first calendar year to determine if the limit is exceeded, and if exceeded, will address accordingly. For tax-exempt debt obligations issued during years 2009 and 2010, the limit is $30,000,000 (the 125 POST ISSUANCE DEBT COMPLIANCE City Council Policy– Finance dept | Page 7 of 7 limit was $10,000,000 prior to 2009. In 2011 and thereafter it will remain at $10,000,000 unless changed by Congress). During this period, the limit also applies to pooled financings of the governing body and provides a separate $30,000,000 for each 501(c)(3) conduit borrower. Comply with Continuing Disclosure Requirements. o If applicable, the timely filing of annual information agreed to in the Continuing Disclosure Certificate. o Give notice of any material event. Identify any post-issuance change to terms of bonds which could be treated as a current refunding of “old” bonds by “new” bonds, often referred to as a “reissuance”. The finance director will consult with the HRA’s bond counsel prior to any sale, transfer, change in use or change in users of obligation – financed property which may require “remedial action” under applicable Treasury Regulations or resolution pursuant to VCAP Program. A remedial action has the effect of curing a deliberate action taken by the HRA which results in satisfaction of the private business test or private loan tests. Remedial actions under Section 1.141-12(d)(e) and (f) include the redemption of non-qualified bonds and alternative uses of proceeds or the facility (i.e., use of a qualified purpose instead). The finance director will ensure that the appropriate tax form for federal subsidy payments is prepared and filed in a timely fashion for applicable obligation (e.g., Build America Bonds). Compliance with Future Requirements Take measures to comply with any future requirements issued beyond the date of these Post- Issuance Debt Compliance Procedures which are essential to ensuring compliance with the applicable state and federal regulations. 126 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 1 of 6 AMENDED AND RESTATED PRIVATE ACTIVITY REVENUE BOND FINANCING POLICY FOR THE CITY AND HOUSING AND REDEVELOPMENT AUTHORITY Introduction Each of the City of Plymouth, Minnesota (the “city”) and the Housing and Redevelopment Authority in and for the City of Plymouth, Minnesota (the “Authority”; together with the city, the “issuers”) has been granted authority to issue tax-exempt private activity bonds to finance the following types of projects: 1. Manufacturing/industrial facilities 2. Multifamily housing 3. Healthcare facilities 4. Other projects on behalf of 501(c)(3) organization The city should be the issuer of first resort. If the city is the issuer, the Authority need not be involved. If the Authority is the issuer, both the Authority and city must meet to approve the issuance. In certain instances, however, bank qualification or other considerations may lead to the Authority acting as issuer. With the exception of housing projects, financings for all of the above undertakings are authorized under Minnesota Statutes, Sections 469.152 through 469.165, as amended (the “Act”). Bonds for housing projects are authorized under Minnesota Statutes, Chapter 462C. General Requirements The following are the general guidelines and requirement the issuers will use to evaluate requests for private activity bond financing and to administer private activity bonds. The issuers have complete discretion to issue private activity bonds and reserve the right to approve only proposals which, in the opinion of the issuer, meet the needs of the issuer and have a strong likelihood of success. All proposals for the issuance of private activity bonds must meet the following general requirements: Be consistent with the City’s Comprehensive Plan (the “Plan”). Fulfill all of the applicable federal and state requirements for the issuance of private activity bonds. Comply with all applicable federal, state, regional and city laws, including zoning and land use regulations and ordinances applicable to the development. The applicant for private activity bond financing and the applicant’s bond underwriters shall hold the issuer and their respective officers, consultants and agents harmless from any alleged or actual violation of securities laws, state or federal, in connection with the issuance of private activity bonds for the development. In addition, the issuers shall not be held responsible for any 127 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 2 of 6 debt repayment of the bond issue or other costs relating to the development, should it fail financially for any reason. The applicant shall enter into appropriate agreements with the issuer for the issuance of the private activity bonds, including agreements to enforce the issuer’s requirement for the issuance of the private activity bonds. The term of these agreements shall at a minimum be equal to the term of the private activity bonds. Types of Projects 1. Manufacturing/Industrial Facilities Bonds for manufacturing facilities are issued under the Act and either Section 144(a) or Section 141 of the Internal Revenue Code, as amended (the “Code”). In addition, the bonds are generally subject to the volume cap allocation requirements of Minnesota Statutes, Chapter 474A, as amended. The purpose of issuing bonds for such facilities is to encourage the development of appropriate industrial projects that will benefit the community by providing jobs and economic development, eliminating blight and increasing property values. Manufacturing bonds are available only for “core” manufacturing projects, and only for relatively small manufacturers (cannot expect to have more than $20 million of capital expenditures in the city in the six-year period surrounding issuance of the bonds). 2. Multifamily Housing Housing bonds to finance privately-owned multi-family housing facilities within the city are authorized under Minnesota Statutes, Chapter 462C and either (a) in the case of facilities owned by 501(c)(3) entities, Section 145 of the Code or (b) in the case of facilities owned by non-501(c)(3) entities, Section 142(d) of the Code. The purpose of issuing housing bonds it to benefit the community by encouraging the production of affordable housing for low and moderate income households within the city. In evaluating proposals for the issuance of housing bonds, the issuer will give priority to proposals which utilize other non-city, non-Authority funding sources to assist in meeting the issuers’ housing goals, have connections to transit, include parks and open space, contribute to housing diversity, and utilize innovative design and other criteria which may be important to meeting the goals of the issuers. In addition, the issuers will consider the following: Contribution to meeting the housing goals enumerated in the Plan. A minimum of 10% of the total units included in the development (the “Affordable Units”), or such higher percentage as is required by the issuer, must be occupied by low-income families at affordable rents. Low-income is defined as no more than 50% of the HUD Adjusted Median Family Income (HAMFI), adjusted for family size, for the Minneapolis – St. Paul Metropolitan Statistical Area (Minneapolis-St. Paul MSA) as determined under the federal Section 8 Housing Assistance Program. If such program is terminated, an equivalent program designated to function in its place, based on the median family income of the Minneapolis-St. Paul MSA, adjusted for family size, shall be used to determine the applicable income limits. If the bonds are to be issued for a non-501(c)(3) entity under Section 142(d) of the Code, the project must also meet the Code’s income restrictions (a choice of 20% of the units occupied by individual with 128 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 3 of 6 50% or less of area median income or 40% of the units occupied by individuals with 60% or less of area median income). Affordable rents shall be specifically calculated for the number of bedrooms available per unit and shall not exceed 30% of the defined low-income limit indicated above based on an average occupancy of 1.5 person per bedroom and subject to applicable utility allowances as determined under the Section 8 Program or its equivalent. The issuer may establish a lower average occupancy if warranted by the actual or intended occupancy of the property, such as for senior or special needs housing. In the event that the issuer determines that its occupancy and rent requirements specified above may imperil the development’s long-term financial feasibility, alternative proposals, compatible with the state and federal requirements for the issuance of housing bonds and consistent with the intent of promoting the development, expansion and preservation of affordable housing in the community may be considered by the issuer. Persons approved for the Section 8 Housing Assistance Program who meet the development’s reasonable tenant selection criteria will not be excluded form the consideration for occupancy. Exceptions may be permitted for units that do not meet Section 8 requirements or other criteria in accordance with any requirements or restrictions acceptable to the issuer. All reporting relating to the development, including occupancy, rents and tenant incomes, shall be in the form specified by, or acceptable to, the issuer, subject to applicable requirements of state and federal law. The applicant must demonstrate a long-term commitment to actively develop and maintain a cooperative working relationship with community services available to tenants. In addition, the owner or designated managing agent will actively participate in the Plymouth Apartment Manager’s Association and the Plymouth Crime-free Multi-housing Program or their equivalents. The following requirements must also be met for proposals to be considered by the issuer: As required by federal law relating to housing bonds, proposals for the acquisition and rehabilitation of existing structures must allocate an amount not less than 15% of the bond- funded acquisition cost within a two-year period to rehabilitate the property. The issuer may require specific work to be included in the rehabilitation of the structure as a condition for the issuance of the bonds. 3. Healthcare Facilities Healthcare facility revenue bonds are issued to finance hospital, nursing home or assisted living facilities within the city owned and operated by 501(c)(3) entities. Such bonds are issued in accordance with the Act and Section 145 of the Code. The purpose of issuing healthcare bonds is to benefit the community by encouraging the availability of affordable health care services for residents of the city. 129 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 4 of 6 4. Facilities for other 501(c)(3) Organizations Bonds may be issued to finance facilities providing services that benefit the city and its residents (including, without limitation, educational services) owned and operated by 501(c)(3) entities. Such bonds are issued in accordance with the Act and Section 145 of the Code. The purpose of issuing such bonds is to benefit the community by encouraging the availability of beneficial services for residents of the city. Design and Maintenance Standards The development shall use building and design material that are in compliance with applicable state and local building and licensing codes and designated maintenance standards. The design and maintenance must be compatible with other neighboring land uses, building architecture and landscaping. Financial Requirements The issuers strongly prefer that private activity bonds be issued with an investment grade rating from one or more of the national rating agencies, or be secured, in whole or in part, by a letter of credit or similar security from a major financial institution. Fees A. A non-refundable application fee of $2,500 is due at the time the application is made. This fee shall be due in the case of an application for either a new money or a refunding issue. This Application Fee is in addition to other fees set forth below and is not a credit against any of said fees. B. An initial issuance fee of ½ of 1% of the principal amount of the private activity bonds is due at the time of closing. This fee shall be due in the case of an application for either a refunding issue or a new money issue. The fee shall be deposited in the HRA General Fund or the General Fund. In the case of all other private activity bonds, the fee shall be deposited in the Project Administration Fee Account. C. All fees and expenses in relation to the issuance of the private activity bonds (in addition to the foregoing application fee and issuance fee), including the fees of the issuer’s bond counsel and financial consultants, shall be the responsibility of the applicant, regardless of whether the private activity bonds are actually issued. D. For applications requiring an allocation of bonding authority from the Minnesota Department of Finance (the “Department”) pursuant to the provisions of Chapter 474A, an application, the form prescribed by the Department, must be submitted to the Department along with the appropriate application deposit and nonrefundable application fee due to the Department. The applicant must pay the cost of completion of the application material, if any, and the amount of the state application deposit and nonrefundable fee must be remitted to the issuer prior to its submission to the state. After the Department, the application deposit paid by the issuer at the 130 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 5 of 6 time of the bond allocation request will be refunded to the issuer. The issuer will then refund a corresponding amount of the application fee paid to the Department to the applicant. Refunding Bonds Previous issuance of private activity bonds by the issuer does not commit the issuer to the issuance of refunding bonds at a future date. Applications for the refunding of previously issued private activity bonds will be evaluated in terms of general benefit to the issuer based on such factors as financial benefit to the applicant, the project’s past operating history, including property maintenance and employment, and the applicant’s future plans for operations in the city. To the extent appropriate, the provision of this private activity bond financing policy shall apply to refunding bonds. It is recognized that developments previously financed may not have met the foregoing requirements applicable to new financing requests. Applications that include the refunding of previously issued bonds will be evaluated based on significantly impairing the financial feasibility of the development, significant rehabilitation or physical improvements of the property, or enhancements to the affordability of existing rents. Process The process for obtaining private activity bond financing is as follows: An application for the issuance of private activity bonds must be submitted in the form specified by issuer staff along with the required application fee. Issuer staff will complete an initial review to evaluate the proposal and determine wither it qualifies for consideration for financing. Staff will consult with the issuers’ bond counsel and financial consultant as necessary to verify the development’s qualification for financing and determine project feasibility. Because of the complexity of qualifying project activities under the Internal Revenue Code, it is essential that bond counsel be consulted early in the application process. For proposals requiring a bond allocation from the department prior to issuance (in general, projects described in (1) and some projects described in (2) above), the proposal will be presented to the issuer for a preliminary resolution. The resolution will identify the preliminary intent of the issuer to issue bonds, a description of the proposed development and the amount of bonds to be issued. Upon adoption of the preliminary resolution, the applicant, working with the issuers’ bond counsel, shall prepare the application to be submitted by the issuer for a bond allocation to the Department. After a state bond allocation has been issued or when a proposal does not require a bond allocation from the department, the applicant, bond counsel, and underwriter will complete the necessary bond documents. All of the projects described in this policy require a public hearing held by the issuer and approval by the city at some time after the public hearing. Housing bonds under Chapter 263C require, prior to publication of notice of the public hearing, submission of a Housing Program to the Metropolitan Council. The Program must be approved by the 131 PRIVATE ACTIVITY REVENUE BOND FINANCING City Council Policy– Finance dept | Page 6 of 6 Metropolitan Council. Following such public hearing, the issuer will adopt a final bond resolution approving the documentation to be executed by the issuer and authorizing the execution of said documents and the issuance of the bonds. Prior to the issuance of private activity bonds (other than housing bonds issued under Minnesota Statutes, Chapter 263C), and following the public hearing, the issue must file an application for approval for the bond issue with the Minnesota Department of Employment and Economic Development. The application is considered routine if the proper documentation is filed including the completed application form, the issuer’s bond resolution, a preliminary bond counsel opinion, evidence of the public hearing and a letter of preliminary intent from the bond underwriter to underwrite the bond issue. Until the private activity bonds are issued, the issuer reserves the right to: o Reject applicant’s choice of underwriter, trustee, paying agent, placement agent or legal counsel. o Require corrections or amendments to any legal document. o Reject the proposal and the issuance of the private activity bonds if the issuer determines, in its sole discretion, that the financing is not in furtherance of the issuer’s goals or is otherwise unacceptable, even if preliminary approval for the proposal or any part of the proposal being separately considered has previously been given. Within five days of closing the bond issue, or as otherwise determined by statute or appropriate regulations, the issuer must file a report with the Department that the bonds have been issued. This filing will trigger the fee refund reference above in Section Fees, paragraph D. Res. No. 2022-115, April 12, 2022 (Supersedes Res. No. 2019-133, May 14, 2019) 132 TRANSIT SPECIAL REVENUE FUND City Council Policy– Finance dept | Page 1 of 1 TRANSIT SPECIAL REVENUE FUND POLICY Purpose The city understands it has a responsibility to maintain prudent financial operations to ensure stable transit operations for the benefit of city residents and businesses. The city’s transit special revenue fund shall maintain funds for the purpose of meeting emergency needs for operating and capital expenditures. The purpose of the unreserved fund balance is recompense fluctuations in revenue and to meet cash flow timing needs, contingencies and emergency needs for operating and capital expenditures. Policy The city shall provide and maintain a minimum unreserved transit fund balance of 42% of budgeted operating expenditures as recommended by the Office of the Minnesota State Auditor. The City Council shall review the amounts in the transit fund balance in conjunction with the annual budget approval and make adjustments as necessary to meet expected cash flow needs. Procedures City staff and the City Council should review this policy periodically, especially if the composition or timing of revenue receipts change. Transit revenue for the city is received through the Metropolitan Council, except cash fares. Responsibility and Authority Administrative implementation of policies is the responsibility of city staff and the City Council. Res. No. 2010-024, January 12, 2010 133 PURCHASING City Council Policy– Finance dept | Page 1 of 11 Purchasing Policy and Procedures Policy The city will procure goods and services required to meet the needs and fulfill the city’s mission as economically feasible, in a matter that is efficient, unbiased, and complies with all federal, state and local laws as well as all other city policies. A city expenditure must meet the following standards to be legal: Public Purpose – There must be a public purpose for the expenditure. Authority – There must be specific or implied authority for the expenditure in statute or the city’s charter. Proper Procedures – City policies and procedures must be followed including obtaining an appropriate receipt or invoice, meeting approval requirements and timely processing of the information. Purchasing Approval Matrix A city expenditure must have the following approval signatures and documentation before payment can be processed. Under no condition shall a purchase be divided into two or more smaller orders in an attempt to circumvent the necessity to obtain the appropriate approval or to avoid bidding. 1 Department Director approval required for $10,000 and over buy may require a more restrictive threshold for purchasing designee. 2 Written quotes must be kept on file for at least one year. Please attach to the purchase order in the financial system. 3 Contracts over $175,000 require a performance an payment bond. Approval Required Value of Purchase or Contract Construction, Contracted Services, Goods & Service Contracts Dept Director City Manager City Council Less than $25,000 Quotation (two, if practicable)2 or open market X1 $25,000- $175,000 Direct negotiation (at least two written quotes)2 X X Greater than $175,000 Competitive Bidding (sealed bids) required3 X X X 134 PURCHASING City Council Policy– Finance dept | Page 2 of 11 Construction, Contract Services and Purchases (Goods) Contracts This section pertains to the purchase of supplies, material, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property. These expenditures must follow the requirement outlined in the Uniform Municipal Contract Law (Minnesota Statutes Section 471.345). The Uniform Municipal Contract Law provisions exclude contracts for professional services such as doctors, accountants, lawyers, architects and other services requiring technical, scientific or professional training. For more on professional services, see the Professional Services section of this document. Purchases Less than $25,000 Purchases may be obtained through open market or direct negotiation, with two quotations obtained whenever possible. Quotations must be kept on file for at least one year (attach to the purchase order in financial system). Purchases $25,000-175,000 Purchases may be obtained through sealed bids, cooperative purchasing contracts or direct negotiation, with two quotations obtained whenever possible and without advertising for bids or otherwise complying with the requirements of competitive bidding. Two written quotes are required to be attached to the purchase order (attach to the purchase order in financial system). Quotations must be kept on file for at least one year. Cooperative purchasing contracts should be considered for contracts over $25,000 and may be used in lieu of sealed bids or quotes. The city must consider the availability, price and quantity of supplies, material or equipment available through the state’s cooperative purchasing venture or other cooperatives before purchasing through another service. The submitted invoice must include a state contract/copy reference number. Thes contracts must be signed by someone who has the purchasing authority level of $25,000 - $175,000 within their department. Purchases Greater than $175,000 Sealed bids solicited by public notice are required. Contracts must be awarded to the lowest responsible bidder, unless meeting the provision under “Best Value” Procurement Alternative. Cooperative purchasing contracts should be considered and may be used lieu of sealed bids. For contracts over $175,000, cities must require contractors to provide a performance bond and a payment bond. The required performance bond benefits the city by ensuring the work is completed according to the terms of the contract, while the required payment bond benefits subcontractors and people who provide labor and materials, by seeing that their claims for labor and material are paid. The 135 PURCHASING City Council Policy– Finance dept | Page 3 of 11 bonds must be equal to or greater than the contract price. If the contract price increases after the bonds are provided, obtaining additional bonds should be considered. The contract must be approved by the City Council. Once authorized, the city manager and mayor will execute the contract. Sealed Bidding Process The originating department must ensure that the following steps are taken: Make sure that funds have been appropriated for this contract. Make proper publication in the official city newspaper(s). Distribute terms, conditions, and specifications, and answer any bidder questions. Open sealed bids at an appropriate time and place, and then tabulate. Award the contract to the lowest responsible bidder Minn. State § 412.311, SUBD. 1. In the event a low bidder is not recommended, fully document the reason(s). Consult the city attorney. Prepare and present to the City Council a request for approval of the award. The contract shall be signed by the city manager and mayor. The signed resolution must be maintained for ten years after the project completion. The department can retain these in the project file. Advertisement for sealed bids must be published in the city’s official newspaper at least ten days before the last date for submission of bids. The published notice must contain the following: A description of the project or purchase being sought. The availability and location of specifications. Bid requirement such as sealed bids or any accompanying security). Where the bids must be submitted. The deadline for submitting bids. The time and place of the bid opening. The city officers who will be present for the opening. A statement indicating that the city may delay the award until certain events occur. A statement indicating that the city reserves the right to reject all bids submitted. The bids must be opened and tabulated at the time and place specified in the newspaper. Preferably this should be completed ten working days in advance of the City Council meeting to allow for a thorough review and re-tabulation of the bids and to allow for reference checks as appropriate. If this timeframe is not attainable, the department director must be notified to ensure the bid process requirement can still be met. 136 PURCHASING City Council Policy– Finance dept | Page 4 of 11 A recommendation can then be made to the City Council, and the City Council will award or deny the contract. Bids rejected by City Council must be kept on file for six years and retained in the departmental project file. Other Bidding Reminders: The city cannot avoid bidding requirement by splitting a contract into several contracts, each of which is below the minimum amount requiring bids. The proposals and specifications must allow for free and full competition. Specifications may not be written so as to exclude all but one type or kind of supplies or equipment. The city may not accept a bid that includes a number of items when the advertisement called for separate bids for each item. The city must re-bid when they make a material change in the specifications or the contract, even if the change would not affect the rank order of the bids received. Minnesota Statutes Chapter 429 (local improvement code) applies to all public improvement contracts (e.g., sewer, water and streets) being financed with special assessments. Cities are not required by statute to follow the competitive bidding process for the following types of contracts: professional services, insurance contracts, reverse auctions, purchases from other government agencies, real estate and public safety equipment. If the estimated cost of a local improvement project financed by special assessments exceeds $350,000 (twice the amount for mandatory competitive bidding), the publication must be made at least three weeks before the last date for submission of bids, in the city’s official newspaper and either at least once in a newspaper published in a city of the first class or in a recognized industry trade journal. Awarding contracts For contracts procured through sealed bids or multiple quotes, the city must award the contract to the lowest responsible bidder. The bidder who submits the lowest bid or quote in dollars is not necessarily the “lowest responsible bidder.” Responsibility in bids means financial responsibility, but also integrity, skill and the likelihood of the bidder doing faithful and satisfactory work. A contract must be awarded to the lowest responsible bidder unless the “Best Value” alternative set forth below is followed. “Best Value” Procurement Alternative Minnesota Statute 412.311, subd. 2 allows the city to use a “Best Value” alternative instead of awarding the bid to the lowest responsible bidder. Best value procurement is a process based on competitive proposals that awards the contract to the vendor or contractor offering the best value, taking into account the specifications of the request for proposals, the price and specific performance criteria. Consulting with the city attorney is advised if wish to use the “Best Value” alternative. 137 PURCHASING City Council Policy– Finance dept | Page 5 of 11 Cooperative Purchasing Contracts Cooperative purchasing contracts provide an opportunity for the city to purchase goods and services at reduced costs. Hennepin County, State of Minnesota and other cooperatives periodically establish specifications and publicly bid for various commodities and services. The City of Plymouth is empowered to make purchases under such cooperative purchasing arrangements and may purchase from the contract without otherwise rebidding or receiving quotations. It is still required to receive the appropriate approvals. Please provide the state or county contract number on the documentation sent to finance. IC-134 Withholding Certificates No state agency or local unit of government can make final payment to a contractor until the Department of Revenue has certified that the contractor and any subcontractor have fulfilled the requirement of Minnesota withholding tax laws. Ther terms “contractor” and “subcontractor” are limited to those who supply labor, or a combination of labor and material for specific construction, repairs, rehabilitation or improvements. The terms do not include dealers, merchants, suppliers or contractors who only supply materials. On-going maintenance services (such as mowing, road grading or snowplowing) are excluded from this requirement. Contractors and subcontractors show compliance by submitting a withholding affidavit to the Minnesota Department of Revenue. If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC-134 certifying compliance. Finance will need a copy of the confirmed IC-134 form from the vendor to release final payment. Contact finance if there is uncertainty if an invoice requires one. Change Orders Change orders may occur due to city driven changes, errors and omissions, field directives, unforeseen/hidden conditions, regulatory requirements or changes that are contractor driven. Changes that need to be made during construction need to be addressed and approved according to the approval thresholds in a timely manner. Purchase or Lease of Used Public Safety Equipment Cities are granted authority to lease or purchase used public safety equipment (“vehicles and specialized equipment used by a fire department, in firefighting, ambulance and emergency medical treatment services, rescue, and hazardous materials response”) without bidding in certain specified circumstances. Competitive bidding or proposals are not required, “if the equipment is clearly and legitimately limited to a single source of supply, and the contract price may be best established by direct negotiation.” 138 PURCHASING City Council Policy– Finance dept | Page 6 of 11 Professional Services State statute does not require advertisement of bids or sealed bids for professional services such as those of engineers, lawyers, architects, accountants and other services requiring technical, scientific or professional training. It is recommended that proposals be obtained through a request for proposal (RFP) process when such a process would provide the city with increased quality of a decreased price. Contracts for professional services shall be made only with responsible consultants who have the capability to successfully fulfill the contractual requirements. Consideration shall be given to their past performance and experience, their financial capacity to complete the project, the availability of personnel and other appropriate criteria. When dealing with service providers with whom the city may wish to establish a long-term relationship, the formal RFP process for that service will be periodically initiated. Review at that point in time shall not preclude a current service provider from resubmitting for consideration. Examples of service providers with long-term relationships include legal and audit services. Federal Awards Under Uniform Guidance there are additional procurement requirements that need to be considered when making purchases related to a federal program. Departments need to consider the full requirements in relation to each procurement method as described in 2 CFR 200.317-326. See the grant policy for further guidance. Emergency Purchases During a declared emergency, the city is, notwithstanding any statutory or charter provisions to the contrary, empowered, through the City Council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat disaster by protecting the health and safety of person and property and proving emergency assistance to the victims of such disaster. In the event of a declared emergency, the City of Plymouth may exceed its delegated purchasing authority and does not need to follow the solicitation process as specified in the emergency management state statutes. These statutes give cities the ability to declare an emergency for a limited period of time and waive the requirements to use mandated contracting procedures. Only what is needed to expeditiously reestablish the functions of government, the protection of property or the health or safety of people is eligible for the emergency authority exception. Employees will track any expenses incurred due to the emergency in an easily auditable manner. Emergency purchasing documentation (receipts/invoices) must be submitted to the finance department on a timely basis. The finance department will establish a project code for the disaster and the code must be used on all financial transaction related to the disaster. 139 PURCHASING City Council Policy– Finance dept | Page 7 of 11 Payment Types Petty Cash -Employees may request reimbursement for expenses less than $25. Credit Cards – see Credit Card Use Policy Open Charge Accounts -It is advantageous in certain cases to open charge accounts with businesses and vendors for city purchases. Establishing an open charge account requires approval of the finance director. Department directors give approval of employees that can use the account. The names of all city staff members authorized to purchase through the open charge account will be on file in the finance department and will also be provided to the vendor along with the purchasing limitations. Under no circumstances may aggregate purchases from any one vendor under an open charge account exceed $10,000 in any one month without prior approval by the finance director. The procedures used to make purchases through an open charge account shall conform with this policy. Invoice – Vendors should submit invoices directly to accounts payable email. Follow purchasing procedures to submit invoices. 140 PURCHASING City Council Policy– Finance dept | Page 8 of 11 Procedures General Purchasing Guidelines Decentralized – The majority of the city’s purchases are decentralized, meaning each department negotiates with the vendor and processes the request for payments. Departments are responsible for ensuring policy compliance. Finance is responsible for processing requested purchase orders, processing payments and monitoring policy compliance. Payment Processing – Finance processes payments once a week and checks are issued on Friday. Invoices received by the end of the day Tuesday will be processed and paid on Friday if the invoice is due. Otherwise, it will be paid according to the terms of the vendor. If a department is requesting payment outside of the normal net 30 days or the requested terms of the vendor, a Special Handling Request form (available on the Street under Finance Forms) needs to be submitted along with the invoice. All supporting documentation and approvals need to be received before payment can be made. If any forms need to accompany the check to the vendor, such forms shall be submitted with the invoice. 35 Day Requirement – Invoices should be approved and submitted as soon as possible. Cities are required by statute to pay invoices within 35 days unless there are pre-arranged payment terms or a dispute of the invoice. If an invoice is submitted late which prevents finance from meeting these terms, a written explanation needs to be provided to finance (either via email or on the actual invoice). New Vendor – If a new vendor is used, complete the New Vendor Setup Request form and include a completed W9 form unless it is a reimbursement or refund. Both forms can be found on the Street under Finance Forms. Invoice Validity – The purchaser and the person authorizing the purchase are responsible for ensuring that purchase prices are reasonable and accurate. The purchases must confirm the prices charged by the vendor match the prices offered by the vendor when the original contract was signed/quote was received. Blanket PO – All purchases greater than $5,000 require a purchase order in the financial system unless it is part of an existing blanket purchase order (a step-by-step guide on How to Enter a Purchase Order is located on the Street under Finance/User Guides). GL Coding – Invoices should be coded to the correct account codes based on the type of expenditure, not available funds in various line items of the budget. Failure to code properly skews actual expenses and provides inaccurate historical data for future budgeting. Departments are allowed to exceed budgeted line items but the total for the year must not exceed the approved budget. If there are questions, contact finance. IC – 134 - Before a city makes the final payment to a contractor under a contract requiring the employment of employees, it must make sure the contractor and subcontractors have complied with withholding tax laws. For more information, please see the IC-134 section. 141 PURCHASING City Council Policy– Finance dept | Page 9 of 11 “Accounts Payable” Email – Invoices can be electronically sent to finance for payment. This process eliminates the inter-office mailing or in-person delivery of invoices to finance. Year-end Cutoff – At year end, invoices that are received early the next year which are for goods or services that were ordered and received in the previous year will be recorded against the previous year. When entering purchase orders at year end, pay special attention to the selection of the general ledger date to ensure the correct year is changed. Instructions on processing year end invoices and the submission cut-off date is sent out annually by finance at year end. Purchases under $5,000 Purchases, excluding credit card purchases, under $5,000 do not require a purchase order. To process these invoices/receipts, include the following information on the invoice/receipt and remit to Accounts Payable once the product and/or service has been received. Date Signature and employee number Full general ledger account coding Purchases over $5,000 All purchases $5,000 and over require a purchase order in the financial system. A standard purchase order must be created by the originating department. Purchase orders have a formal approval process built into the city’s financial management software. One purchase order can be created to authorize a series of purchases from a single vendor. If the exact cost of the purchase is unknown, the cost can be estimated. If the actual cost is higher than the purchase order by more than $250 or 15%, a request will be sent back to the purchase order creator to initiate a “change purchase order” process. Step-by-step guides for Entering Purchase Orders and Change/Void Purchase Order Processing are located on the Street under Finance/User Guides. Supporting Documentation/Payment Invoices and other supporting documentation (resolutions, quotes, required form, etc.) must accompany any request for payment and be submitted to the finance department for processing. Vendor invoices must be approved with a signature confirming receipt of the product and/or service and that the pricing is what was agreed upon. The purchase order number from the financial management software and employee ID must also be written on the paperwork. For contracts over $175,000, the approved resolution number must be included. If an invoice is split amongst departments, it needs to be approved by the applicable departments. Please include support for each department’s approval and general ledger coding. Since departments typically have access to only their own organizational budget, submit these types of invoices to the finance department to complete the purchase order. 142 PURCHASING City Council Policy– Finance dept | Page 10 of 11 The finance department will ensure the invoices are entered into the financial management system and paid on a timely basis. All payments are approved by the City Council at its regularly scheduled meetings. Credits or Returns Any department that returns an item must reference the original purchase order number on the return receipt and remit to the finance department so credit can be applied to the proper account. In some cases, the refund will not be coded to the original expense account but rather to a refund and reimbursement revenue account within the same division. This typically occurs if the refund is received the year after the expense was incurred. Out of State Purchases Sales tax is part of the total cost. Even though some purchases are made from an out of state vendor, the city is required to submit to the State of Minnesota use tax for applicable taxable items invoiced without the tax. Sales Tax Purchases made by the city are generally not taxable. Purchases must be billed to and paid for by the city. Purchases made by employees are taxable, even if reimbursed. To purchase items exempt from tax, you must give the vendor a competed ST3 Certificate of exemption form which can be found on the Street under Finance Forms. Some items remain taxable such as some motor vehicles, prepared food, lodging, construction material and supplies purchased by a contractor or subcontractor under a lump-sum contract. Please review the sales tax exemption guidelines for governments on the MN Department of Revenue website. Classified Advertisement Websites (Craigslist, Facebook Marketplace, etc.) The city, as a whole, typically does not recommend utilizing classified advertisement websites for purchases. If a purchase is made through one of these marketplaces, the seller must be agreeableto receiving a check and providing a receipt at time of pickup. Under no circumstances will payment be made in advance of receiving product. A copy of the advertisement with the purchase price must be submitted to the finance department. 1099 Information The city is obligated to report to the Internal Revenue Service payments to an individual or partnership for services rendered that exceed $600 in a calendar year. To do so, the city needs the recipient’s 143 PURCHASING City Council Policy– Finance dept | Page 11 of 11 business tax identification number or social security number. This tax information should be collected on a W9 form (which can be found on the Street under Finance Forms) and provided to the finance department when a new vendor is used. Vendors who should receive a 1099 are noted when they are entered into the financial management software. 144 Electronic Timekeeping 1 of 2 City Council Policy ELECTRONIC TIMEKEEPING POLICY The purpose of this document is to establish policies and procedures by which timekeeping will be accomplished to ensure the city maintains effective and accurate timekeeping systems. Timekeeping System Overview The City of Plymouth is subject to numerous laws and regulations that govern the way we conduct our business. The laws that regulate employee’s wages and hours are designed to ensure that employees are paid as specified, within these regulations. This policy outlines information pertaining to recording and tracking hours of work, accruals, and making manual adjustments. The city utilizes three timekeeping systems (POSS, Fire Manager and New World)to record hours worked and leave time.The data is later transferred to the payroll module within New World where employees are paid according to the hours recorded and approved. Each system has been set up and tested to ensure the highest level of internal control. In order to ensure consistency of treatment for employees, the data recorded shall be considered as the “official” record of the workday. Any disputes over actual hours worked or attendance will be resolved by referring to the official record in the system. Any changes will be carefully documented. Timekeeping Procedures This procedure defines the roles and responsibilities of individuals involved in the timekeeping process. It also provides guidance on the separation of duties assigned to the various individuals involved in the process. All employees must record time via the departmental timekeeping system. At the end of each pay period, employees are required to submit time worked and leave hours for that specific pay period. Pay periods are defined as biweekly timeframes as noted in the pay date calendar for all exempt and non-exempt employees. By submitting an electronic timecard, you are attesting to the best of your knowledge that the information submitted is complete and accurate. The supervisor/manager or designee is responsible for ensuring that the work and leave time reported accurately reflect each employee’s activity for each pay period. All time must be reviewed and approved by the employee and supervisor/manager or designee before submitting to Payroll (Finance) for processing. 145 Electronic Timekeeping 2 of 2 City Council Policy The deadline for all electronic time to be submitted to Payroll for processing is 3:00 p.m. on Monday of the pay date week. Payroll will review this time for accuracy and ensure proper approvals have been obtained. The time is then processed to prepare for payment to the employee. The payment register is then submitted to Human Resources for a final review. Once final review is received, payments are processed and submitted to the bank by 7:00 p.m. on Thursday of the pay date week. Payments are made electronically to the employee’s bank by 9:00 a.m. on Friday morning. When a city observed holiday falls on the Monday before the pay day, employees should approve time after the last shift for that pay period. The deadline for electronic time to be submitted to Payroll after a Monday holiday is 10:00 a.m. Tuesday. Errors and other required adjustments identified by the employee, supervisor/manager or designee, Payroll, or Human Resources will need to be clearly documented indicating the correction with the initials of the employee and supervisor/manager or designee. Payroll (Finance) will use the corrected document as the basis for processing an adjustment to the timekeeping records and to provide an audit trail for the previously entered data. Each department is responsible for ensuring their employees have received proper training in the electronic time keeping system. Employees are expected to understand their contract terms and to be able to properly process their time in the electronic system. Any falsification or misrepresentation of time and attendance information may result in disciplinary action. Resolution No. 2019-120, April 23, 2019 (Supersedes Resolution 2011-038, February 8, 2011) 146 CREDIT CARD USE POLICY Purpose To establish the policy for purchasing goods and services using a credit card issued in the Ccity’s name consistent with the authority and restrictions specified in state law (M.S. 471.382). Guidelines The Ccity credit card is intended for purchases needed for Ccity operations. Efficiencies gained through the use of credit cards are: • Less time required at the point of sale with retailers • Purchases may be made over the internet, resulting in lower costs • Reservations can be made and held with travel and other vendors • The total number of checks written is reduced The Administrative ServicesEach Ddepartment Ddirector will determine which personnelemployees will be assigned credit cards. Credit cards will be issued only when it is clear they will create efficiencies in the normal purchasing process. Upon approval of the Ddepartment Ddirector, requests are forwarded to the Ffinance Ddirector or designee for issuance of a card. Each card issued will bear the name of the City of Plymouth and the individual cardholder. The employee whose name is on the card is the only one authorized to use that card. It is the responsibility of the individual cardholder to: 1. Ensure that no one else uses the card. 2. Ensure the card is used only for legitimate Ccity business expenditures in accordance with the cardholder’s job duties. Personal charges incurred as a part of travel costs should notcan be included. and later reimbursed to the Ccity. 3. IEnsure Ccity purchasing guidelines with respect to quotations and bids are followed. 4. Maintain all supporting documentation associated with credit card purchases (receipts, confirmations, purchase orders, 147 etc.) and properly with expenditures properly coded and approved expenditures for payment. Purchases shall be approved by the cardholder’s supervisor. by the department head. 5. Submit card statement and supporting Deliver such documentation to the Administrative Services finance Ddepartment – Aaccounts pPayable as soon as feasible, but no later than 10seven days after the close of the billing statement period. Documentation must be available to match to the credit card statement for the appropriate month. Failure to submit supporting documentation in a timely manner may result in card revocation. 6. Contact the Administrative Services DepartmentFinance (or the Credit card company and finance departmentduring off hours) immediately, if the card is lost or stolen. 7. Any personal charges on the card either made inadvertently or as part of travel expenses must be reimbursed to the Ccity at the time the documentation is submitted to the Administrative Services Departmentthe fFinance department. Credit limits will be established by the Administrative ServicesdDepartment Ddirector and Ffinance director or designee for each cardholder on an individual basis and will be programmed into the card. Cash withdrawals are not allowed with the credit cards. The employee shall be personally responsible financially for any improper or unauthorized use of the credit card, as specified in Minnesota Statutes 471.382. Administration The financeAdministrative Services Ddepartment will administer the issuance of cards and compliance with the above policy. Policy violations will result in the cancellation of an individual card. Intentional or negligent misuse of a Ccity credit card will be subject to disciplinary action, up to and including dismissal and/or garnishment of wages if necessary to recover Ccity funds. Cards must be returned to the Ccity at time of separation. Resolution No. 2006-428, November 14, 2006 148 ELECTRONIC TRANSACTION POLICY Purpose In accordance with Minnesota Statute §471.38, the city adopts the following electronic transaction policy. Electronic funds transfer is the process of value exchange without the use of checks, drafts, or similar negotiable instruments. A local government may make an electronic funds transfer for the following: (1) Payment from an imprest payroll bank account or investment of excess money; (2) Payment of tax or aid anticipation certificates; (3) Payment of contributions to pension or retirement funds; (4) Vendor payments; and (5) Payment of bond principal, bond interest and a fiscal agent service charge from the debt redemption fund. The Ccity will utilize electronic funds transfer for disbursements related to the transmittal of payroll, payroll withholdings, debt service payments and other disbursements including vendor payments. Ccity’s funds, both incoming and outgoing, may be processed by electronic funds transfer where deemed prudent and the most efficient method of payment or receipt. City Council shall annually by Rresolution, authorize the Ffinance ManagerDdirector, or their designee as identified below, to make electronic funds transfers. The disbursing bank shall keep on file a certified copy of the delegation of authority. The initiator of each electronic transfer shall be identified and shall document the request and obtain approval prior to initiating the transfer. Written confirmation of each electronic funds transfer shall be available within one business day of each transaction. With the exception of payroll and bond payments and investments transfers, a list of all electronic fund transfers shall be submitted to the City Council at the next regular City Council meeting following the transfer, if not approved beforehand. 149 Wire Transfer or ACH (City Initiated) 1. Payment Initiation a. The Ffinance ManagerDdirector, Supervising Accountant and Clerical Supervisor Aassistant Ffinance Ddirector and Ffinance Ssupervisor shall have the authority to initiate payments through wire transfer. b. The Ffinance Manager, Supervising Accountant, Clerical SupervisorDdirector, Aassistant Ffinance Ddirector, Ffinance Ssupervisor and , Aaccounts Ppayable/Ppayroll Ffinance Finance ClerksSspecialists, and CD Support Services Housing Manager shall have the authority to initiate payments through ACH. c. The Ffinance Manager, Supervising Accountant, Clerical SupervisorDdirector, Aassistant Ffinance Ddirector, Ffinance Ssupervisor, Aaccounts Ppayable/Ppayroll Ffinance Clerks Sspecialists shall have the authority to initiate payroll payments through direct deposit and withholding payments through ACH. d. Purchasing cardholders shall have the authority to make purchases through a City issued credit card. 2. Payment Review and Documentation a. Wire transfers require supporting documentation, department approval or City Council authorization, date of transaction, vendor and banking information. b. The Ffinance Ddepartmentivision shall review supporting documentation, code the transaction to appropriate financial accounts and record the transaction in financial system. c. Credit card holders shall review purchasing card transactions, provide supporting documentation and code transactions to appropriate financial accounts. c. Documentation for payroll direct deposits and payroll ACH transactions shall be kept by the Ffinance Ddepartmentivision, and the transactions will be recorded in the financial system. 3. Payment Authorization a. The Ffinance Manager, Supervising Accountant or Clerical Supervisor Ddirector, Aassistant Ffinance Ddirector or Ffinance Ssupervisor shall approve general wire transfers. b. The Ffinance Manager, Supervising Accountant, Clerical Supervisor Ddirector, Aassistant Ffinance Ddirector or, Ffinance Ssupervisor or Community Development Support Services Housing Managers shall approve ACH transactions. c. The Ffinance Manager, Supervising Accountant, or Clerical Supervisor Ddirector, Aassistant Ffinance Ddirector or Ffinance Ssupervisor shall approve wire transfers from the payroll account. d. Confirmation of the wire transfer or ACH debit from the vendor or banking institution will be kept on file by the Ffinance department. 150 ACH (Vendor Initiated) 1. Payment Initiation a. Finance Manager, Supervising Accountant or Clerical dDirector, Aassistant Ffinance Ddirector or Ffinance Ssupervisor shall have the authority to initiate payments through an ACH debit. 2. Payment Review and Documentation a. The Ffinance Ddepartmentivision shall review supporting documentation, code the transaction to appropriate financial accounts and record the transaction in the financial system. 3. Payment Authorization a. The Ffinance Manager, Supervising Accountant or Clerical Ddirector, Aassistant Ffinance Ddirector or Ffinance Ssupervisor shall complete an ACH debit authorization to authorize an ACH debit transaction to be initiated by a vendor. b. The Ffinance Ddirector, Aassistant Ffinance Ddirector or Ffinance Ssupervisor will add ACH positive pay authorization in the banking system for all entities approved for vendor initiated ACH c. The Ffinance Divisiondepartment shall receive confirmation of the ACH debit from the banking institution. Resolution No. 2021-024, January 26, 2021 151 EXPENSE REIMBURSEMENT AND TRAVEL POLICY A. Policy The City of Plymouth supports the growth and development of employees for the increased efficiency and effectiveness of the organization. This policy establishes guidelines and procedures for the payment and reimbursement of travel and other city expenses incurred by employees and officials in the conduct of approved official Ccity business. B. Applicability This policy applies to all employees and Ccity officials including temporary, regular full and part-time employees, the mayor, council members, and members of Ccity commissions or committees. C. Authorization 1. Employees must receive written supervisor approval for reimbursement of expenses. 2. Supervisors shall approve mileage reimbursement only to conduct official Ccity business due to lack of availability of a Ccity vehicle or, inappropriateness of staff vehicles for the intended work objective, or a specific employment agreement between the Ccity and employee. 3. The mayor and council members receive monthly compensation as set forth in the Plymouth City Code, which is intended to defray the cost of ordinary out-of-pocket expenses (e.g.,i.e. parking fees, entertainment, metro area travel including mileage and mealsmileage, parking fees, meals, entertainment, etc.) incurred in the performance of official Ccity business. Unusual or one-time expense reimbursement shall be considered on a case-by-case basis. For out of area travel, the mayor and council members are eligible for reimbursement as outlined in the out of area travel section below. 4. When possible, Tthe mayor and council members shouldmust have out of area travel events approved in advance by a vote of the City Council at an open meeting including an estimated cost of the travel. In evaluating the request, the City Council will consider whether: a. TheyS/he will receive training on issues relevant to the Ccity or to theirhis/her role as the mayor or as a council member; 152 b. TheyS/he will meet and network with other elected officials to exchange ideas on relevant topics or the role of local elected officials. c. TheyS/he will tour a facility or function that is similar in nature or under consideration by Plymouth where the purpose for the trip is to study the facility or function to bring back ideas for consideration. d. They wereS/he was assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a “sister-city” relationship. e. They wereS/he was assigned by the City Council to testify on behalf of the Ccity before Ccongress or to meet with federal officials on behalf of the Ccity. f. Sufficient, budgeted funding is available to pay for the trip. 5. The City Council may authorize funds in the budget to defray the costs of events for which they are invited to represent the city. 6. City board and commission members serve on a purely voluntary basis. The cCity does not reimburse any ordinary out-of-pocket expenses. Requests for reimbursement of other than ordinary expenses shall be considered on a case-by-case basis and requires Ccity Mmanager approval. 7. For The Ccity Mmanager travel s/he shall provide a written memo of anticipated travel to the City Council in advance of the event, or as soon as possible in case of an emergency. 8. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. D. Expense Reimbursement Procedure 1. All reimbursement requests shall be submitted within 30 days of the date incurred to the Ffinance department for processing. 2. The Ccity Mmanager may, under unique circumstances, approve reimbursement for items submitted after the 30-day limit. 3. Expense reimbursements less than $25 may be submitted to petty cash for payment with detailed documentation and appropriate approvals. 4. Expense reimbursements in excess of $25 will be paid by check, but separate from payroll checks. 5. The cCity will reimburse mileage at the standard IRS rate per mile. 5. Motorcycles or similar vehicles do not qualify for mileage reimbursement. 6. Employees shall submit a completed reimbursement form to their supervisor for written approval with detailed documentation (e.g.,i.e. mileage form, receipts, conference agenda, GSA rates, etc.). 153 7.Upon approval, supervisors submit the form to the Ffinance Divisiondepartment for payment. E.Travel 1. Out of Area Travel Defined as official travel outside the seven-county metropolitan area (Anoka, Dakota, Hennepin, Ramsey, Scott, Washington and CarverWright) for an event/ activity which may or may not require overnight lodging. The following are reimbursable expenses for official Ccity business: •Registration fees •Transportation •Lodging (single rate) •Per dDiem for meals •Business-related telephone calls a.Transportation i.Where possible, employees are to use Ccity vehicles in the conduct of Ccity business. ii.Costs shall generally be based on a comparison between the cost and convenience of the lowest available air fare and travel by Personally Owned Vehicle (POV) or cCity vehicle with associated meals, lodging, parking and loss of work time costs. The Ccity Mmanager must approve any exception to this general rule. iii.If a frequent flyer program is in effect, a separate program shall be established by the employee or official to record mileage credits to the Ccity. iv.Ground transportation, including buses, taxis, rental cars, and attendant parking shall be reimbursed if receipts are provided. The most cost effective and efficient mode of ground transportation shall be used. v.Travel to and from the worksite (commuting) is not eligible for reimbursement, including evenings and weekends. vi.Travel may be reimbursable when an employee proceeds directly from their residence to official Ccity business away from their regular or secondary worksite. Only the distance from their residence to the alternative destination minus the distance of their typical commute to their regular worksite is eligible. b. Lodging i.Accommodations shall be appropriate to the purpose of the trip. ii.Rates for accommodations shall be comparable to those of other facilities in the area. 154 iii.The hotel hosting a convention shall be deemed to be an appropriate accommodation. iv.The Ccity will pay the single rate if the employee or official is accompanied by a guest or family member. c. Meals i.Workshops, events or training in which meals are not included in the registration or fee, and public purpose is met in accordance with the Meal and Refreshment Policy, meal costs shall be reimbursed. ii.Expenses for meals, including a maximum gratuity of 2018% when applicable, will be reimbursed with an itemized receipt in accordance with the U.S. General Services Administration (GSA) Domestic Per Diem rates (www.gsa.gov) including the first and last day of travel. iii.Per dDiem meal expenses at the applicable daily rate does not require receipts. iv.Reimbursement for alcoholic beverages is prohibited. v.If meals are provided at a conference/workshop and are included in the registration/fees, an employee may not request per diem for that specific meal. vi.For travel days, you may only submit per Diem for the specific meals during the timeframe you are considered traveling. For example, if your flight arrives back home at 1:00 p.m., an employee may not request per Diem for dinner on that day. 2. Metro Area Travel Defined as official travel inside the seven-county metropolitan area for an event/activity. a. Transportation i.Travel to and from the worksite (commuting) is not eligible for reimbursement, including evenings and weekends. ii.Travel may be reimbursable when an employee proceeds directly from their residence to official Ccity business away from their regular or secondary worksite. Only the distance from their residence to the alternative destination minus the distance of their typical commute to their regular worksite is eligible. b. Meals i.City-required attendance at day-long training/workshops with morning and afternoon sessions when no meal is provided between the two sessions. Meals before or after the event are not reimbursable. 155 ii.Expenses for meals, including a maximum gratuity of 2018% when applicable, will be reimbursed with an itemized receipt in accordance with the U.S. General Services Administration (GSA) Domestic Per Diem rates (www.gsa.gov). iii.Reimbursement for alcoholic beverages is prohibited. iv.If meals are provided at a conference/workshop and are included in the registration/fees, an employee may not request per diem for that specific meal. F. References For further information, please reference the following information or consult your supervisor or department director. Equipment and Vehicle Operation – Plymouth Safety Policy (Amended October 2006) Fleet Operation, Maintenance and Replacement Policy Resolution No. 2005-412, November 8, 2005 - Elected Official Out-of-State Travel Policy Resolution No. 2003-175, April 8, 2003 – Travel and Expense Policy Supersedes: Res. No. 94–460 -- Aug. 1, 1994 Res. No. 94–401 -- July 18, 1994 Res. No. 96-649 -- Nov. 20, 1996 Res. No. 95-223 -- Apr. 4, 1995 Res. No. 94-399 -- July 18, 1994 Resolution No. 93-253, May 3, 1993 – Mileage Reimbursement Policy and Procedures Resolution No. 83-199, April 11, 1983 – Policy Relating to Reimbursement of Ordinary Expenses to City Council, Commission and Board Members. Resolution No. 80-730 - Urging and Directing Members of Advisory Commissions to Physically View and Inspect Properties and Sites Which are Subject of Commission Deliberations. Resolution No. 2011-080, March 8, 2011 156 FINANCIAL MANAGEMENT POLICIES Purpose The City of Plymouth is responsible to its citizens to carefully account for public funds, to manage municipal finances wisely, and to plan the adequate funding of services desired by the public, including the provision and maintenance of public facilities. The Ccity is also accountable for providing both short-term and long-term financial stability. The Ccity must ensure that it is capable of adequately funding and providing local government services needed by the community. These financial policies provide the framework for the overall fiscal management of the Ccity. Operating independently of changing circumstance and conditions, the policies assist the decision making processes of the City Council and Mmanagement. Most of the policies represent long standing principles, traditions and practices which have guided the cCity in the past and have helped maintain financial stability over the past years. These financial policies will be reviewed periodically to determine if changes are necessary. Objectives To achieve this purpose, the plan has the following objectives for the Ccity’s fiscal performance. 1.Provide sufficient financial stability to prevent fiscal difficulties which may encumber or impact the City Council’s ability to make important decisions. 2.Provide sound policies to guide those decisions of the City Council and Mmanagement which may have significant fiscal effects. 3.Provide adequate, timely and accurate information to facilitate the City Council and Mmanagement decision making. 4.Establish policies which ensure efficient and effective Ccity operations. 5.Minimize investment and financial risk. 157 6. Employ policies which promote sustainable revenue sources. 7. Employ fair user charges where the direct benefit is identifiable and the cost is measurable. 8. Provide and maintain adequate, good quality public facilities and infrastructure. 9. Protect and enhance the Ccity’s credit rating. 10. Ensure the legal use and protection of all Ccity funds through a sound system of financial and internal controls. 11. Maintain a risk management program that minimizes the impact of legal liabilities, natural disasters or other emergencies (See separate Risk Management Policy). 12. Leverage private enterprise to perform public services whenever it is reasonably possible to do so without undue risk. 13. Enhance and protect the quality and diversity of the tax base. 14. Have a long- range point of view on all major decisions. 15. Enter into intergovernmental agreements to provide services and facilities when economies can be realized. 16. Seek cost savings in operations wherever possible without affecting service levels. Financial Management Policies 1. Capital Improvement Budget Policies A. The Ccity will adopt a tenfive-year capital improvement and expenditure plan and update it bienniallyannually. B. The cCity will alternatecoordinate development of the capital improvement budget with the development of the operating budget with the capital budget updated in even years and operating budget in odd years (e.g., build 2024/25 operating budget in 2023). Future operating costs associated with new capital improvements will be projected and included in operating budget forecasts. 158 C.The cCity will project its equipment replacement and maintenance needs for the next 25 years and will update this projection each biennially in conjunction with the capital budgetyear. Based on the projection, a maintenance and replacement schedule will be developed and included in the operating budget. The Ccity will strive to maintain all of its assets at a level adequate to protect the Ccity’s capital investment and to minimize future maintenance and replacement costs. D.The Ccity staff will identify the estimated costs and potential funding sources, including the consideration of joint ventures with other public or private entities, for each capital project proposal before it is submitted to the City Council for approval. E.The Ccity will determine the least costly financing method considering the life of the asset. F.The Ccity will develop long-range plans and forecasts relating to future development of the Ccity. 2.Revenue Policies A.The Ccity will estimate its annual revenue by a conservative and analytical process. B.The Ccity will maintain sound property appraisal procedures. Property value will be re-assessed at least every four years at the legally mandated market value for each class of property. C.Whenever user charges and fees are determined to be appropriate and the direct benefits are identifiable, the Ccity will establish user charges and fees at a level related to the cost of providing the service (operating, direct, indirect, and capital). Fees will be reviewed annually. D.The Ccity will set fees and user charges for each enterprise fund, such as Wwater, and Ssewer, and Ssolid Wwaste funds in total, at a level which fully supports the total direct and indirect costs of the activity, subject to market conditions. Indirect costs include the cost of annual depreciation of capital assets acquired with Eenterprise funds. E.The Ccity will establish an ongoing program to assure the recovery of net property tax delinquencies and abatements from any year in setting the annual property tax levy. 159 F.The Ccity will develop contingency plans for the potential losses of Ffederal, Sstate, and Ccounty aid. 3.Debt Policies A.The Ccity will confine long-term borrowing to capital improvements or projects which cannot be financed from current revenues. In addition, the Ccity will not incur debt to support current operations. B.When the Ccity finances capital projects by issuing bonds, it will pay back the bonds within a period not to exceed the expected useful life of the project. C.In all bond issues, at least 50% of the principal shall be retired within 10 years. D.The Ccity will attempt to keep the maturity of general obligation bonds and general obligation guaranteed bonds at or below 20 years. E.The debt service for general obligation Ad Valorem debt will not exceed 5% of total annual locally generated operating revenue in the general fund and special revenue fund. F.Total general obligation debt will not exceed 2% of the market valuation of taxable property. G.Where possible, the Ccity will use special assessment, revenue or other self-supporting bonds instead of general obligation Ad Valorem bonds. H.The Ccity will maintain open communications with bond rating agencies regarding its financial condition. The Ccity will follow a policy of full disclosure in every financial report and bond prospectus. I.The Ccity will develop a set of written policies concerning the use of Tax Increment Financing (TIF) as a development incentive. 4.Enterprise Fund Reserve Policy A.EOver a three year period each non-utility enterprise fund shall set rates and charges/user fees such that there is a reasonable rate of cost recovery. no cumulative reduction in net fund equity, including depreciation and transfer of funds. 160 B.Rate studies shall be performed for the utility funds to ensure funding for the enterprise operating costs and capital. The funding may be in the form of rates, charges/user fees, bond issuance, etc. 5.General Fund Reserve and Operating Surplus Policy A.The Ccity shall not use tax anticipation borrowings to cover operating expenses. B.The year-end fund balance shall be equal to 40% of the followingcurrent year’s general fund expenditure budget. C.In the event that there is a general fund operating surplus in a given year, it shall be utilized in the following manner: 1.Allocate funds to the general fund balance to the level that the year end fund balance is equal to 40% of the following current year’s general fund expenditure budget. 2.Allocate funds to provide additional financing for insolvent or high percentage annual increase reserve funds (- i.ee.g.,.: park replacement fund, central equipment fund, public facilities fund, information technology fund and infrastructure replacement fund and risk management fund, etc.). 3.Allocate funds to pay off existing multi-year general fund obligations financed through inter-fund loans. 4.Allocate funds to the capital improvement fund. 5.Purchase high priority one- time capital needs. 6.Allocate funds to reduce future debt service requirements. 7.Allocate funds in a manner that provides non-escalating future taxation and helps preserve Ccity assets. 6.Cash Management Policy A.It is the policy of the Ccity to pool cash balances from all funds to maximize investment earnings. Exceptions include legal and specific practical requirements that demand segregation of funds. 161 B.Funds received are to be deposited into an interest bearing account with the Ccity’s currently designated official depository within a reasonable time, usually by the next business day. C.Cash on hand is to be kept to the minimum required to meet daily operational needs. D.Funds shall be kept in an interest bearing account with the Ccity’s currently designated official depository in an amount sufficient to fully cover all outstanding checks. E.Funds at the Ccity’s currently designated official depository shall be monitored on a daily basis to make certain that they never exceed the amount of collateralization provided. F.Funds at the Ccity’s currently designated official depository shall be monitored on a daily basis to evaluate if funds are available for investment. 7.Investment Policies A.Objectives. The Ccity will invest public funds in a manner which will provide the highest investment return with minimum risk while meeting the daily cash flow demands of the entity and conforming to all federal, state and local regulations governing the investment of public funds. The primary objectives, in priority order, of investment activities shall be safety, liquidity and yield: 1.Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a.Credit Risk. The Ccity will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: •Limiting investments to the safest types of securities •Diversifying the investment portfolio so that potential losses on individual securities will be minimized. b.Interest Rate Risk. The Ccity will minimize the risk that the market value of securities in the 162 portfolio will fall due to changes in general interest rates, by: •Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operation, thereby avoiding the need to sell securities on the open market prior to maturity. •Investing a share of funds sufficient to cover current operations in shorter-term securities such as commercial paper, agency discount notes and money market funds. 2.Liquidity. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). A portion of the portfolio also may be placed in money market funds which offer same-day liquidity for short-term funds. 3.Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: •A security with declining credit quality may be sold early to minimize loss of principal. •A security swap would improve the quality, yield, or target duration in the portfolio. •Liquidity needs or the portfolio requires that the security be sold. B.Standards of Care 163 1.Prudence. The standard of prudence to be used by investment officials shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. C.Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the Ccity. D.Delegation of Authority Authority to manage the investment program is granted to the Finance Director. The Finance Director may authorize other individuals to act on his/her behalf in accordance with established procedures and internal controls for the operation of the investment program. E.Safekeeping and Custody The city will conduct investment transactions only with authorized broker/dealers that have met the following criteria: 164 •They act as primary or regional dealers that qualify under Securities & Exchange Commission Rule 15C3- 1(Uniform Net Capital Rule). •They submit a Minnesota State Auditor Broker Certification Form annually to the Finance Director. All broker/dealer relationships, providing they meet the above requirements, will be approved by and maintained at the discretion of the Finance Director. The city will maintain at least three broker/dealers to seek to diversify and allow for comparable quotes on investment transactions. All investments must be purchased from institutional brokers. •Authorized Broker/Dealers and Institutions. A list of at least three, and no more than seven, firms authorized to provide investment services will be maintained. Only firms that maintain an office in the State of Minnesota will be considered. Firms will be selected on the basis of creditworthiness and prior service to the City. All financial institutions authorized to provide investment services must supply the following on an annual basis: 1.Audited financial statements 2.Current broker certification Delivery vs. Payment. All trades where applicable will be executed by delivery vs. payment to ensure that securities are deposited in an eligible financial institution prior to release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts. F. Suitable and Authorized Investments Under Minnesota Statues there are a number of ways in which available funds can be invested; however, it is the intent of this policy to limit the available investment options to the following: 1.1.Governmental bonds, notes, bills, mortgages or other securities which are direct obligations (or guaranteed or insured issues) of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress, excluding mMortgage-backed securities that are defined as high risk according to MN Statutes 118A.04 Subd. 6. or in certificates of deposit secured by 165 letters of credit issued by federal home loan banks are not permissible investments. 2.2.General obligation bonds of state or local governments with taxing powers rated “A” or better by a national bond rating service. 3.3.Revenue obligations bonds of a state of local government with taxing powers rated “AA” or better by a national bond rating service. • 4.General obligation bonds of the Minnesota Housing Finance Agency rated “A” or better by a national bond rating service. • 5.Certificates of Deposits (Time Deposits) that are fully insured by the Federal Deposit Insurance Corporation or National Credit Union Administration. 46.Bankers acceptances of United States’ banks, eligible for purchase by the Federal Reserve System, that mature in 270 days or less. The accepting bank must be rated a minimum “A” (very strong bank) by a nationally recognized rating agency. 6.5. Commercial paper issued by United States corporations or their Canadian subsidiaries with a maturity of 270 days or less, rated in the highest tier (A-1, P-1, or F- 1, or D-1) by at least two nationally recognized rating agencies, and not rated less than highest tier by any nationally recognized rating agencies. 7.6. Repurchase agreements consisting of collateral allowable in Minnesota Statute, Section 118A.04.whose collateral consists of the forgoing. 8.7.Securities lending agreements as authorized by state statute Section 118A Subdivision 2, clause (1) or (2). The collateral for transactions entered into with institutions meeting the qualifications of Subdivision 2 is restricted to the securities described in Section 118A.05 and Section 118A.04. 8.Money market mutual that are rated “Aa” or higher by at least one nationally recognized statistical rating organization, invest in securities with a final maturity no 166 longer than 13 months, are generally government backed and do not have a floating Net Asset (NAV). funds regulated by the Securities and Exchange Commission and rated in the highest rating category for money market funds by at least one nationally recognized rating organization. G.Investment Parameters 1.Diversification. The investments shall be diversified with the following restraintsby: a.Limiting investments to avoid over- concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities). b.Limiting investment in Commercial Paper to no more than 20% of the total portfolio c.Investing in securities with varying maturities. Security Type % of Portfolio (Type) % of Portfolio (Issuer) U.S. Treasuries Up to 100% Up to 100% GSE Agency Notes Up to 100% Up to 100% Mortgage-Backed Securities Up to 50% Up to 50% Municipal Obligations Up to 50% Up to 50% Certificates of Deposits Up to 50% FDIC Insurance Limit Bankers Acceptances Up to 50% Up to 10% Commercial Paper Up to 25% Up to 5% Money Market Funds Up to 100% Up to 100% Repurchase Agreements Up to 25% Up to 5% • Due to fluctuations in the value of the portfolio, maximum percentages for a particular issuer or investment type may be exceeded subsequent to the purchase or maturity of a specific security. Securities should not be liquidated to realign the portfolio; however, this should be considered when making future purchases. 2.Maximum Maturities. The Ccity has an investment time frame of up to fifteen years with a majority of investments maturing within five years. Investments over five years in 167 length will only be made if a superior return can be realized and the funds will not be needed for that length of time. H. Reporting. The Finance Director shall have prepared an investment report quarterly providing an analysis of the current investment portfolio (including return analysis and investment income). at least semi-annually, including a management summary that provides an analysis of the status of the current investment portfolio. The report will include the following: 1. Listing of investments by type 2. Listing of investments by broker 3. Listing of investments by maturity 8. Designation of Official Bank. The City of Plymouth will designate an official general depository to provided ACH deposits, receipt of deposits, general and payroll checking, sweep account for investment of available balances, escrow savings accountsa and wire transfer services. The following steps must be undertaken to designate an offical general depository: A. The city will seek proposals from all financial institutions that have an office in the City of Plymouth periodically. Selection will be based on qualifications, service provided and cost or service. • 4. Current yield compared to benchmarks 8. Designation of Official Bank. The Ccity of Plymouth will designate an official general depository to provide ACH deposits, receipt of deposits, general and payroll checking, sweep account for investment of available account balances, escrow savings accounts, and wire transfer services. The following steps must be undertaken to designate an official general depository: A. The Ccity will seek proposals from all financial institutions that have an office in the City of Plymouth periodicallyevery five years. Selection will be based on qualifications, service provided, and cost or service. B. The official general depository must be officially approved by the City Council on an annual basis. C. Collateral must be maintained by the official general depository in a form allowed by State Statute, and in an amount sufficient to cover overnight bank balances plus 10%. 1. The Ccity must have an executed “Depository Agreement” on file which requires the depository to pledge appropriate 168 collateral to secure all funds deposited. Such agreement requires the depository to deliver appropriate collateral for safekeeping to an independent third party financial institution. 2. The Ccity must have the necessary “Escrow Agreements” in place. The escrow agreement is an agreement with a third party who has agreed to hold all pledged collateral in safekeeping subject to the conditions set forth in the agreement. 9. Accounting, Auditing and Financial Reporting Policies A. The Ccity will attempt to maintain the GFOA Certificate of Excellence in Financial Reporting. B. Accounting policies will reflect the principle of charging current taxpayers and/or users for the full cost of providing current services. C. Regular monthly reports will present a summary of financial activity by major types of funds as compared to budget. D. An independent public accounting firm will perform an annual audit and will publicly issue an opinion concerning the Ccity’s finances. 10. Risk Management Polices A. The Ccity will maintain a rRisk Mmanagement Pprogram that will minimize the impact of legal liabilities, natural disasters or other emergencies through the following activities: 1. Loss Pprevention. Prevent negative occurrences. 2. Loss Ccontrol. Reduce or mitigate expenses of a negative occurrence. c. 3. Loss Ffinancing. Provide a means to finance losses. 4. Loss Iinformation Mmanagement. Collect and analyze relevant data to make prudent loss prevention, loss control and loss financing decisions. B. The Ccity’s Rrisk Mmanagement Pprogram will: 1. Analyze all of the Ccity’s risks. 2. Avoid risks whenever cost effective. 3. Reduce risks whenever cost effective. 169 C. The Ccity will maintain an active Ssafety Ccommittee comprised of Ccity employees. D. The Ccity will periodically conduct educational safety and risk avoidance programs, through its Ssafety Ccommittee and with the participation of its insurers, within its various departments. E. The Rrisk Mmanagement Ccoordinator will report annually to the City Council on the results and costs of the Ccity’s Rrisk Mmanagement Pprogram. F. The cCity will maintain the highest deductible amount, considering the relationship between cost and the Ccity’s ability to sustain the loss. 11. Operating Budget Policies A. The Ccity will adopt a balanced budget in accordance with the cCity Ccharter. B. The Ccity will match all current expenditures with current revenues. The Ccity will avoid budgetary procedures that balance current expenditures at the expense of meeting future years’ revenues. C. The Ccity will annually appropriate a contingency appropriation in the general fund budget, not to exceed 5% of the total budget, to provide for unanticipated expenditures of a non-recurring nature. D. The Ccity Mmanager, when submitting the proposed budget to the City Council, will submit a balanced budget in which appropriations will not exceed the total of the estimated general fund revenue and the fund balance available after applying the Ggeneral Ffund Rreserve Ppolicy. E. In the event there is an unanticipated shortfall of revenues in a current year budget, the Ccity Mmanager may recommend the use of a portion of the general fund balance, not to exceed the amount available after deducting amounts reserved for items not readily convertible to cash or reserved for working capital or already appropriated to the general fund current budget, as shown on the most recent Ggeneral Ffund Rreserve Ppolicy as established by the City Council. 170 F. The budget will provide for adequate maintenance of the capital facilitiesplant and equipment, and for their orderly replacement. G. The budget will provide for adequate funding of all retirement systems and labor agreements. H. The Ccity administration will prepare regular monthly reports comparing actual revenues and expenditures to the budgeted amount. All variances in excess of $100,000 will be reported quarterly in writing to the City Manager and City Council. I. The operating budget will describe the major goals to be achieved and the services and programs to be delivered for the level of funding provided. J. Before adding a new program or service, the cCity will consider cost benefit analysis of using outside contractors versus in-house provided services. Resolution 2002-554, December 17, 2002 (Supersedes Resolution 96–533, October 2, 1996; Resolution 2000-216, April 25, 2000) 171 FUND BALANCE POLICY This policy outlines the components of fund balance as established in Governmental Accounting Standards Board (GASB) reporting guidelines. All components may not necessarily be presented as circumstances may differ from year-to-year requiring use of only some of the component classifications. This policy will also ensure that adequate resources are available to meet cash flow needs for carrying out the regular operations of the city. Fund Balance Classifications Non spendable – generally means that it is not expected to be converted to cash. For example, inventories, or prepaid items would be included in this classification. Restricted – when constraints are externally imposed by creditors, grantors, contributors, or laws or regulations of other governments, or by law through constitutional provisions of enabling legislation. Committed – constraints on use are imposed by Council and can only be removed by Council action. Action to commit funds must be taken prior to the end of the fiscal year, but the amount may be determined in the subsequent period. Assigned – amounts are intended to be used for a specific purpose but are neither restricted nor committed. Unassigned – this is the residual amount for the General Fund and represents fund balance that has not been restricted, committed, or assigned. The General Fund is the only fund that reports a positive unassigned fund balance amount. The City Council authorizes the Ffinance director, Deputy City ManagerAadministrative Sservices Ddirector and/or Ccity Mmanager to assign fund balance that reflects the city’s intended use of those funds. When both restricted and unrestricted resources are available for use, it is the city’s policy to first use restricted resources, and then use unrestricted resources as they are needed. When unrestricted resources are available for use, it is the city’s policy to use resources in the following order: 1) committed 2) assigned 3) unassigned. These 172 fund balance classifications apply only to Governmental Funds, not Enterprise, or Internal Service Funds. General Fund The General Fund is established to account for all revenues and expenditures which are not required to be accounted for in other funds. The General Fund’s resources finance a wide range of functions including the operations of general government, public safety, community development, and public works. Since a significant source of revenue in the General Fund comes from property taxes, maintaining an adequate fund balance is essential to ensure that sufficient resources are available to fund basic city functions between property tax settlements. The city will strive to maintain a total fund balance in the General Fund of 40% which will be calculated based on the following years expenditure budget. If the fund balance amount exceeds 40%, the difference may be transferred out to other funds based on the guidelines outlined in the Financial Management Policy; however, consideration for non-spendable and restricted amounts will be given and may result in a fund balance that exceeds 40% in a given year. For example, a restriction of fund balance may be used to offset revenues earned in one year where substantial services are required to be performed in the next fiscal period. If the fund balance falls below 40% of the following year’s expenditure budget, the city will develop and implement a plan to replenish the fund. Special Revenue Funds The funds are established to account for specific revenue sources that provide expenditure funding for a substantial portion of the fund’s resources on an on-going basis. Positive fund balances will be restricted, committed, or assigned to expenditures for a specific purpose other than debt service or capital projects.  Capital Funds Positive balances in capital funds associated with incomplete capital budget projects within the city’s adopted capital improvement program are committed and unavailable for other purposes. All other positive balances in capital funds are considered assigned for the capital purposes of each fund. Debt Service Funds Debt service funds are used to account for and report financial resources that are restricted, committed, or assigned for principal and interest expenditures. 173 Resolution 2011-362, October 25, 2011 174 POST-ISSUANCE DEBT COMPLIANCE POLICY The City Council (the “Counsel”) of the City of Plymouth, Minnesota (the “cCity”) has chosen, by policy, to take steps to help ensure that all obligations will be in compliance with all applicable federal regulations. This policy may be amended, as necessary, in the future. Background The Internal Revenue Service (IRS) is responsible for enforcing compliance with the Internal Revenue Code (the “Code”) and regulations promulgated thereunder (“Treasury Regulations”) governing certain obligations (for example: tax-exempt obligations, Build America Bonds, Recovery Zone Development Bonds and various “Tax Credit” Bonds). The IRS expects issuers and beneficiaries of these obligations to adopt and implement a post-issuance debt compliance policy and procedures to safeguard against post-issuance violations. Post-Issuance Debt Compliance Policy Objective The Ccity desires to monitor these obligations to ensure compliance with the Code and Treasury Regulations. To help ensure compliance, the Ccity has developed the following policy (the “Post-Issuance Debt Compliance Policy”). The Post-Issuance Debt Compliance Policy shall apply to the obligations mentioned above, including bonds, notes, loans, lease purchase contracts, lines of credit, commercial paper or any other form of debt that is subject to compliance. Post-Issuance Debt Compliance Policy The Ffinance directorManager of the Ccity is designated as the Ccity’s agent who is responsible for post-issuance compliance of these obligations. The Ffinance directorManager shall assemble all relevant documentation, records and activities required to ensure post-issuance debt compliance as further detailed in corresponding procedures (the “Post-Issuance Debt Compliance Procedures”). At a minimum, the Post-Issuance Debt Compliance Procedures for each qualifying obligation will address the following: 1. General post-issuance compliance; 175 2. Proper and timely use of obligation proceeds and obligation-financed property; 3. Arbitrage yield restriction and rebate; 4. Timely filings and other general requirements; 5. Additional undertakings or activities that support points 1 through 4 above; 6. Other requirements that become necessary in the future. The Ffinance directorManager shall apply the Post-Issuance Debt Compliance Procedures to each qualifying obligation and maintain a record of the results. Further, the Ffinance Managerdirector will ensure that the Post-Issuance Debt Compliance Policy and Procedures are updated on a regular and as needed basis. The Ffinance Managerdirector or any other individuals responsible for assisting the Ffinance Managerdirector in maintaining records needed to ensure post-issuance debt compliance, are authorized to expend funds as needed to attend training or secure use of other educational resources for ensuring compliance such as consulting, publications, and compliance assistance. Most of the provisions of this Post-Issuance Debt Compliance Policy are not applicable to taxable governmental obligations unless there is a reasonable possibility that the Ccity may refund their taxable governmental obligation, in whole or in part, with the proceeds of a tax-exempt governmental obligation. If this refunding possibility exists, then the Ffinance Managerdirector shall treat the taxable governmental obligation as if such issue were an issue of tax-exempt governmental obligations and comply with the requirements of this Post-Issuance Debt Compliance Policy. The Ccity may issue tax-exempt obligations as “qualified 501(c)(3) bonds” that are not governmental obligations or conduit bonds where the proceeds are loaned to a qualifying party. Prior to the issuance of qualified 501(c)(3) bonds, the Ffinance Managerdirector shall take steps necessary to ensure that such obligations will remain in compliance with the requirements of this Post-Issuance Debt Compliance Policy. In a case where compliance activities are reasonably within the control of a qualifying party, the Ffinance Managerdirector may determine that all or some portion of compliance responsibilities described in this Post-Issuance Debt Compliance Policy shall be assigned to the relevant qualifying party. In a case where the Ffinance Managerdirector is concerned about the compliance ability of a qualifying party, the Ffinance Managerdirector may require that a Trustee be retained for the obligation and that the Trustee be responsible for all or some portion of the compliance responsibilities. The Ffinance Managerdirector is additionally authorized to seek the advice, as necessary, of bond counsel and/or its financial advisor to ensure the Ccity is in compliance with this Post-Issuance Debt Compliance Policy. 176 Resolution 2012-089, March 13, 2012 177 AMENDED AND RESTATED PRIVATE ACTIVITY REVENUE BOND FINANCING POLICY FOR THE CITY AND HOUSING AND REDEVELOPMENT AUTHORITY I. INTRODUCTION Each of the City of Plymouth, Minnesota (the “city”) and the Housing and Redevelopment Authority in and for the City of Plymouth, Minnesota (the “Authority”; together with the city, the “Issuers”) has been granted authority to issue tax-exempt private activity bonds to finance the following types of projects: (1) Manufacturing / industrial facilities; (2) Multifamily housing; (3) Health care facilities and (4) Other projects on behalf of 501(c)(3) organizations. The city should be the issuer of first resort. If the city is the issuer, the Authority need not be involved. If the Authority is the issuer, both the Authority and the city must meet to approve the issuance. In certain instances, however, bank qualification or other considerations may lead to the Authority acting as issuer. With the exception of housing projects, financings for all of the above undertakings are authorized under Minnesota Statutes, Sections 469.152 through 469.165, as amended (the “Act”). Bonds for housing projects are authorized under Minnesota Statutes, Chapter 462C. II. GENERAL REQUIREMENTS The following are the general guidelines and requirements the Issuers will use to evaluate requests for private activity bond financing and to administer private activity bonds. The Issuers have complete discretion to issue private activity bonds and reserve the right to approve only proposals which, in the opinion of the Issuer, meet the needs of the Issuer and have a strong likelihood of success. All proposals for the issuance of private activity bonds must meet the following general requirements: A. Be consistent with the City's Comprehensive Plan (the “Plan”). B. Fulfill all of the applicable federal and state requirements for the issuance of private activity bonds. C. Comply with all applicable federal, state, regional, and Ccity laws, including zoning and land use regulations and ordinances applicable to the development. D. The applicant for private activity bond financing and the applicant's bond underwriters shall hold the Issuers and their respective officers, consultants, and agents harmless from any alleged or actual violations of 178 any securities laws, state or federal, in connection with the issuance of private activity bonds for the development. In addition, the Issuers shall not be held responsible for any debt repayment of the bond issue or other costs relating to the development, should it fail financially for any reason. E. The applicant shall enter into appropriate agreements with the Issuer for the issuance of the private activity bonds, including agreements to enforce the Issuer's requirements for the issuance of the private activity bonds. The term of these agreements shall at a minimum be equal to the term of the private activity bonds. III. TYPES OF PROJECTS 1. Manufacturing / Industrial Facilities Bonds for manufacturing facilities are issued under the Act and either Section 144(a) or Section 141 of the Internal Revenue Code, as amended (the “Code”). In addition, the bonds are generally subject to the volume cap allocation requirements of Minnesota Statutes, Chapter 474A, as amended. The purpose of issuing bonds for such facilities is to encourage the development of appropriate industrial projects that will benefit the community by providing jobs and economic development, eliminating blight, and increasing property values. Manufacturing bonds are available only for “core” manufacturing projects, and only for relatively small manufacturers (cannot expect to have more than $20M of capital expenditures in the Ccity in the six-year period surrounding issuance of the bonds). 2. Multifamily Housing Housing bonds to finance privately-owned multi-family housing facilities within the Ccity are authorized under Minnesota Statutes, Chapter 462C and either (a) in the case of facilities owned by 501(c)(3) entities, Section 145 of the Code or (b) in the case of facilities owned by non-501(c)(3) entities, Section 142(d) of the Code. The purpose of issuing housing bonds is to benefit the community by encouraging the production of affordable housing for low- and moderate- income households within the Ccity. In evaluating proposals for the issuance of housing bonds, the Issuer will give priority to proposals which utilize other non-Ccity, non-Authority funding sources to assist in meeting the Issuers’ housing goals, have connections to transit, include parks and open space, contribute to housing diversity, and utilize innovative design and other criteria which may be important to meeting the goals of the Issuers. In addition, the Issuers will consider the following: • Contribution to meeting the housing goals enumerated in the Plan. • A minimum of 10% of the total units included in the development (the “Affordable Units”), or such higher percentage as is required by the Issuer, must be occupied by low-income families at affordable rents. Low-income is defined as no more than 50% of the HUD Adjusted Median Family Income (HAMFI), adjusted for family size, for the Minneapolis-St. Paul Metropolitan Statistical Area (Minneapolis-St. Paul MSA) as determined under the federal Section 8 Housing Assistance Program. If 179 such program is terminated, an equivalent program designated to function in its place, based on the median family income of the Minneapolis-St. Paul MSA, adjusted for family size, shall be used to determine the applicable income limits. If the bonds are to be issued for a non-501(c)(3) entity under Section 142(d) of the Code, the project must also meet the Code’s income restrictions (a choice of 20% of the units occupied by individuals with 50% or less of area median income or 40% of the units occupied by individuals with 60% or less of area median income). • Affordable rents shall be specifically calculated for the number of bedrooms available per unit and shall not exceed 30% of the defined low-income limit indicated above based on an average occupancy of 1.5 persons per bedroom and subject to applicable utility allowances as determined under the Section 8 Program or its equivalent. The Issuer may establish a lower average occupancy if warranted by the actual or intended occupancy of the property, such as for senior or special needs housing. • In the event that the Issuer determines that its occupancy and rent requirements specified above may imperil the development’s long- term financial feasibility, alternative proposals, compatible with state and federal requirements for the issuance of housing bonds and consistent with the intent of promoting the development, expansion, and preservation of affordable housing in the community may be considered by the Issuer. • Persons approved for the Section 8 Housing Assistance Program who meet the development’s reasonable tenant selection criteria will not be excluded from consideration for occupancy. Exceptions may be permitted for units that do not meet Section 8 requirements or other criteria in accordance with any requirements or restrictions acceptable to the Issuer. • All reporting relating to the development, including occupancy, rents and tenant incomes, shall be in the form specified by, or acceptable to, the Issuer, subject to applicable requirements of state and federal law. • The applicant must demonstrate a long-term commitment to actively develop and maintain a cooperative working relationship with community services available to tenants. In addition, the owner or designated managing agent will actively participate in the Plymouth Apartment Manager’s Association and the Plymouth Crime-free Multi- housing Program or their equivalents. The following requirements must also be met for proposals to be considered by the Issuer: • As required by federal law relating to housing bonds, proposals for the acquisition and rehabilitation of existing structures must allocate an amount not less than 15% of the bond-funded acquisition cost within a 180 two-year period to rehabilitate the property. The Issuer may require specific work to be included in the rehabilitation of the structure as a condition for the issuance of the bonds. 3. Health Care Facilities Health care facility revenue bonds are issued to finance hospital, nursing home or assisted living facilities within the Ccity owned and operated by 501(c)(3) entities. Such bonds are issued in accordance with the Act and Section 145 of the Code. The purpose of issuing health care bonds is to benefit the community by encouraging the availability of affordable health care services for residents of the Ccity. 4. Facilities for other 501(c)(3) Organizations Bonds may be issued to finance facilities providing services that benefit the Ccity and its residents (including, without limitation, educational services) owned and operated by 501(c)(3) entities. Such bonds are issued in accordance with the Act and Section 145 of the Code. The purpose of issuing such bonds is to benefit the community by encouraging the availability of beneficial services for residents of the Ccity. IV. DESIGN AND MAINTENANCE STANDARDS A. The development shall use building and design materials that are in compliance with applicable state and local building and licensing codes and designated maintenance standards. B. The design and maintenance must be compatible with other neighboring land uses, building architecture, and landscaping. V. FINANCIAL REQUIREMENTS The Issuers strongly prefer that private activity bonds be issued with an investment grade rating from one or more of the national rating agencies, or be secured, in whole or in part, by a letter of credit or similar security from a major financial institution. VI. FEES A. A non-refundable application fee of $2,500 is due at the time the application is made. This fee shall be due in the case of an application for either a new money or a refunding issue. This Application Fee is in addition to the other fees set forth below and is not a credit against any of said fees. B. An initial issuance fee of 1/2 of 1% of the principal amount of the private activity bonds is due at the time of closing. This fee shall be due in the case of an application for either a refunding issue or a new money issue. The fee shall be deposited in the HRA General Fund or the General Fund. In the case of all other private activity bonds, the fee shall be deposited in the Project Administration Fee Account. C. All fees and expenses in relation to the issuance of the private activity bonds (in addition to the foregoing application fee and issuance fee), including the fees of the Issuer's bond counsel and financial consultants, shall be the responsibility of the applicant, regardless of whether the private activity bonds are actually issued. 181 D. For applications requiring an allocation of bonding authority from the Minnesota Department of Finance (the “Department”) pursuant to the provisions of Chapter 474A, an application, in the form prescribed by the Department, must be submitted to the Department along with the appropriate application deposit and nonrefundable application fee due to the Department. The applicant must pay the cost of completion of the application materials, if any, and the amount of the state application deposit and nonrefundable fee must be remitted to the Issuer prior to its submission to the state. After the private activity bond closing and appropriate notice of issue is filed with the Department, the application deposit paid by the Issuer at the time of the bond allocation request will be refunded to the Issuer. The Issuer will then refund a corresponding amount of the application fee paid to the Department to the applicant. VII. REFUNDING BONDS Previous issuance of private activity bonds by the Issuer does not commit the Issuer to the issuance of refunding bonds at a future date. Applications for the refunding of previously issued private activity bonds will be evaluated in terms of general benefit to the Issuer based on such factors as financial benefit to the applicant, the project's past operating history, including property maintenance and employment, and the applicant's future plans for operations in the Ccity. To the extent appropriate, the provisions of this private activity bond financing policy shall apply to refunding bonds. It is recognized that developments previously financed may not have met the foregoing requirements applicable to new financing requests. Applications that include the refunding of previously issued bonds will be evaluated based on such factors as substantial debt service savings, removal of bonding covenants significantly impairing the financial feasibility of the development, significant rehabilitation or physical improvements of the property, or enhancements to the affordability of existing rents. VIII. PROCESS The process for obtaining private activity bond financing is as follows: A. An application for the issuance of private activity bonds must be submitted in the form specified by Issuer staff along with the required application fee. B. Issuer staff will complete an initial review to evaluate the proposal and determine whether it qualifies for consideration for financing. C. Staff will consult with the Issuers’ bond counsel and financial consultant as necessary to verify the development’s qualifications for financing and determine project feasibility. Because of the complexity of qualifying project activities under the Internal Revenue Code, it is essential that bond counsel be consulted early in the application process. D. For proposals requiring a bond allocation from the Department prior to issuance (in general, projects described in (1) and some projects described in (2) above), the proposal will be presented to the Issuer for a preliminary resolution. The resolution will identify the preliminary intent of the Issuer to 182 issue bonds, a description of the proposed development, and the amount of bonds to be issued. Upon adoption of the preliminary resolution, the applicant, working with the Issuers’ bond counsel, shall prepare the application to be submitted by the Issuer for a bond allocation to the Department. E. After a state bond allocation has been issued or when a proposal does not require a bond allocation from the Department, the applicant, bond counsel, and underwriter will complete the necessary bond documents. All of the projects described in this policy require a public hearing held by the Issuer and approval by the Ccity at some time after the public hearing. Housing bonds under Chapter 462C require, prior to publication of notice of the public hearing, submission of a Housing Program to the Metropolitan Council. The Program must be approved by the Metropolitan Council. Following such public hearing, the Issuer will adopt a final bond resolution approving the documentation to be executed by the Issuer and authorizing the execution of said documents and the issuance of the bonds. F. Prior to the issuance of private activity bonds (other than housing bonds issued under Minnesota Statutes, Chapter 462C), and following the public hearing, the Issuer must file an application for approval of the bond issue with the Minnesota Department of Employment and Economic Development. The application is considered routine if the proper documentation is filed including the completed application form, the Issuer's bond resolution, a preliminary bond counsel opinion, evidence of the public hearing, and a letter of preliminary intent from the bond underwriter to underwrite the bond issue. G. Until the private activity bonds are issued, the Issuer reserves the right to: (1) Reject applicant’s choice of underwriter, trustee, paying agent, placement agent, or legal counsel. (2) Require corrections or amendments to any legal document. (3) Reject the proposal and the issuance of the private activity bonds if the Issuer determines, in its sole discretion, that the financing is not in furtherance of the Issuer’s goals or is otherwise unacceptable, even if preliminary approval for the proposal or any part of the proposal being separately considered has previously been given. H. Within 5 days of closing of the bond issue, or as otherwise determined by statute or appropriate regulations, the Issuer must file a report with the Department that the bonds have been issued. This filing will trigger the fee refund referenced above in Section VI, paragraph D. Resolution No. 2022-115, April 12, 2022 (Supersedes Resolution No. 2019-133, May 14, 2019) 183 TRANSIT SPECIAL REVENUE FUND 203 POLICY Purpose The city understands it has a responsibility to maintain prudent financial operations to ensure stable transit operations for the benefit of city residents and businesses. The city’s Ttransit Sspecial Rrevenue fund 203 shall maintain funds for the purpose of meeting emergency needs for operating and capital expenditures. The purpose of the unreserved fund balance is recompense fluctuations in revenue and to meet cash flow timing needs, contingencies and emergency needs for operating and capital expenditures. Policy The Ccity shall provide and maintain a minimum unreserved transit fund balance of 42% of budgeted operating expenditures as recommended by the Office of the Minnesota State Auditor. The Ccity Council shall review the amounts in the transit fund balance in conjunction with the annual budget approval and make adjustments as necessary to meet expected cash-flow needs. Procedures Ccity staff and the City Council should review this policye periodically, especially if the composition or timing of revenue receipts change. Transit revenue for the Ccity is received through the Metropolitan Council, except cash fares. Responsibility and Authority Administrative implementation of policies is the responsibility of Ccity staff and the City Council. 184 Resolution 2010-024, January 12, 2010 185 CITY OF PLYMOUTH RESOLUTION NO. 2024-086 RESOLUTION APPROVING NEW PURCHASING POLICY AND ACCEPTING POLICY AMENDMENTS WHEREAS, staff provided an overview of Council policies at the October 10, 2023 study session; and WHEREAS, minor amendments (e.g., formatting, capitalization, title edits, etc.) have been made to the Abatement Policy, Fund Balance Policy, Post Issuance Debt Compliance Policy, Private Activity Revenue Bond Financing Policy and Transit Policy; and WHEREAS, the Electronic Transaction Policy, Expense Reimbursement and Travel Policy, and Financial Management Policies have additional edits; and WHEREAS, the Purchasing Policy is added to City Council policies; and WHEREAS, the Electronic Timekeeping Policy is removed from City Council polices. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the proposed policy changes are hereby given approval. APPROVED by the City Council on this 20th day of February, 2024. 186 Regular City Council February 20, 2024 Agenda Number:7.1 To:Dave Callister, City Manager Prepared by:Natalie Dorcy, Office Support Representative Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator Item:Public hearing on wine and on-sale 3.2 percent malt liquor license applications of 4 Community Theatre, 2705 Annapolis Lane North 1.Action Requested: Adopt attached resolution approving wine and on-sale 3.2 percent malt liquor license applications of 4 Community Theatre, 2705 Annapolis Lane North. 2.Background: 4 Community Theatre is the organization that runs the theater Plymouth Playhouse. The theater is on the lower level of the Ramada by Wyndham Plymouth Hotel & Conference Center, located at 2705 Annapolis Lane North. They typically have shows running one to two weeks per month and would like to serve wine and beer 30 minutes before shows and during intermissions. This theater has an indoor seating capacity of 211, a stage, concession areas and a conference room where guests can consume wine and beer. The conference room is 2100 square feet, has a seating capacity of 168 and is located on an upper level of the hotel. The consumption of wine and beer will not be permitted outside. The Police Department has conducted their background investigation and has found no reason to deny the license. Notification was provided to property owners within 500 feet of the site. 3.Budget Impact: City has received required license fees. 4.Attachments: Location Map Property Owners within 500' Floor Plans City Council Resolution 2024-077 187 He nn epin Co u n ty L oc ate & N o tify Map 0 200 400100 Feet Da te : 2/1 /2 02 4 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 188 40 22-118-22 31 0023 HARRISON ST REAL ESTATE LLC C/O ALTUS GROUP PO BOX 92129 SOUTHLAKE TX 76092 40 22-118-22 31 0027 HARRISON ST REAL ESTATE LLC C/O ALTUS GROUP PO BOX 92129 SOUTHLAKE TX 76092 40 22-118-22 33 0007 AACRON INC 2705 CHESHIRE LA N MPLS MN 55447 40 22-118-22 33 0016 AACRON INC 2705 CHESHIRE LA N MPLS MN 55447 40 22-118-22 33 0020 CHESHIRE 2018 LLC 2655 CHESHIRE LA N PLYMOUTH MN 55447 40 22-118-22 34 0005 PLYMOUTH HOSPITALITY LLC ATTN MAHTAB KHAN 12805 HIGHWAY 55 #208 PLYMOUTH MN 55441 40 22-118-22 34 0006 KINGFISH PROPERTIES LLP 14152 TERRACE RD HAM LAKE MN 55304 40 22-118-22 34 0016 FIRST NATIONAL BK FULDA MINN 109 ST PAUL AVE FULDA MN 56131 40 22-118-22 34 0018 MCDONALDS CORPORATION ATTN:DEPT 027 REAL EST TAX 110 N CARPENTER STREET CHICAGO IL 60607 40 22-118-22 34 0020 MIDWEST HOSPITALITY LLC ATTN ZULFIQAR AHMAD 2600 ANNAPOLIS LA N PLYMOUTH MN 55441 40 22-118-22 34 0023 HARRISON ST REAL ESTATE LLC C/O ALTUS GROUP PO BOX 92129 SOUTHLAKE TX 76092 40 22-118-22 34 0024 WESTHEALTH LLC 7171 OHMS LANE EDINA MN 55439 40 27-118-22 21 0005 WESTPARK PROPERTIES 494 LLC C/O BRAD BIRNBERG 510 EVERGREEN LA N PLYMOUTH MN 55441 40 27-118-22 21 0010 COLLIERS INTERNATIONAL ATTN: WASHINGTON CAPITAL 1600 UTICA AVE S SUITE 300 ST LOUIS PARK MN 55416 40 27-118-22 21 0011 W W GRAINGER INC C/O PARADIGM TAX GROUP PO BOX 800729 DALLAS TX 75380-0729 40 27-118-22 22 0004 FERNBROOK PROPERTIES LLC 1805 W LAKE ST #102 MINNEAPOLIS MN 55408 40 27-118-22 22 0010 COLLIERS INTERNATIONAL ATTN: WASHINGTON CAPITAL 1600 UTICA AVE S SUITE 300 ST LOUIS PARK MN 55416 189 190 191 192 CITY OF PLYMOUTH RESOLUTION NO. 2024-077 RESOLUTION APPROVING WINE AND ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE APPLICATIONS OF 4 COMMUNITY THEATRE, 2705 ANNAPOLIS LANE NORTH WHEREAS, 4 Community Theatre, 2705 Annapolis Lane North, has submitted applications for Wine and On-Sale 3.2 Percent Malt Liquor for a restaurant located at 2705 Annapolis Lane North; and WHEREAS, the Police Department has conducted a background investigation and has found no reason to deny the application. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the Wine and On-Sale 3.2 Percent Malt Liquor License applications of 4 Community Theatre, 2705 Annapolis Lane North, are approved for a license period that will expire January 31, 2025. BE IT FURTHER RESOLVED that approval is contingent upon the city receiving all documentation as required in the liquor license application. APPROVED by the City Council on this 20th day of February, 2024. 193 Regular City Council February 20, 2024 Agenda Number:7.2 To:Dave Callister, City Manager Prepared by:Jacob Zea, Graduate Engineer Reviewed by:Michael Thompson, Public Works Director Item:Public hearing on vacation of easement at Lot 31 Block 1, Hollydale 2nd Addition 1.Action Requested: Hold public hearing for consideration of vacation for drainage and utility easement at Lot 31, Block 1, Hollydale 2nd Addition. Approval requires a 6/7 vote of council or 5/6 vote of council if vacancy is declared. 2.Background: Scott Hockert of Hanson Builders is requesting a partial vacation of the drainage and utility easement at 16542 48th Court, which is Lot 31, Block 1, Hollydale 2nd Addition. This will be replaced by similar and larger easement to allow for the vacated easement area to be built in. The new dedication of drainage and utility easement allows for drain tile to be re-routed, maintaining the city’s interest in proper drainage. The easement to be vacated is shown in the attached exhibit. Routine utility company notification revealed no conflict with the proposed easement vacation. A public notice of the public hearing was published as required in the local newspaper and letter sent to all adjacent property owners. 3.Budget Impact: The $450 fee was paid by the petitioner to cover the city’s cost of administration and publishing the public hearing notice. 4.Attachments: Location Map Easement Vacation Survey City Council Resolution 2024-078 194 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. .0 200 Feet 16542 48th Court NEasement VacationLocation Map January 2024 48th Place N 4 8 t h C o u r t N Schmidt Lake Road Comstock Lane N 195 196 CITY OF PLYMOUTH RESOLUTION NO. 2024-078 RESOLUTION APPROVING THE VACATION OF DRAINAGE AND UTILITY EASEMENT OF LOT 31, BLOCK 1 HOLLYDALE 2ND ADDITION. WHEREAS, a public hearing with respect to said vacation was scheduled for February 20, 2024, in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of February 20, 2024; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the council held a public hearing on February 20, 2024 to inform any and all interested parties relevant to the vacation of the drainage and utility easement of Lot 31, Block 1, Hollydale 2nd Addition; and WHEREAS, it was determined by the City Council that said drainage and utility easement can be vacated under the condition a satisfactory replacement drainage and utility easement in the same location and size, and shape slightly modified and approved by city staff. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the following drainage and utility easement be vacated: To vacate that part of Lot 31, Block 1, Hollydale 2nd Addition, according to the plat on file and of record in the office of the county recorder, Hennepin County, Minnesota described as follows: An easement over, under and across that part of Lots 31, Block 1, Hollydale 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: A 10.00 foot drainage and utility easement over under and across that part of Lot 31, Block 1, HOLLYDALE 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of said easement is described as commencing at the south corner of said Lot 31; thence on an assumed bearing of North 67 degrees 36 minutes 54 seconds East along the southeasterly line of said Lot 31, a distance of 87.99 feet to the actual point of beginning of said centerline; thence North 15 degrees 41 minutes 06 seconds West, a distance of 60.61 feet; thence North 30 degrees 28 minutes 57 seconds West, a distance of 50.31 feet; thence North 52 degrees 00 minutes 51 seconds West, a distance of 52.64 feet; thence North 70 degrees 07 minutes 08 seconds West, a distance of 15.76 feet to the westerly line of said Lot 1 and there terminating. The sidelines of said easement are to be shortened or prolonged to terminate at said westerly and southeasterly lines. 197 Resolution 2024-078 Page 2 Except the westerly 6.00 feet and the southeasterly 6.00 feet thereof. Vacated Easement Area: 1,672 square feet. BE IT FURTHER RESOLVED that recording of this vacation resolution shall be accomplished with the recording of a replacement drainage and utility easement granted by the petitioner. APPROVED by the City Council on this 20th day of February, 2024. 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 February 20, 2024, 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 ______________________, 2024. __________________________________ City Clerk 198 Regular City Council February 20, 2024 Agenda Number:7.3 To:Dave Callister, City Manager Prepared by:Michael Payne, City Engineer/Deputy Public Works Director Reviewed by:Michael Thompson, Public Works Director Item:Public improvement and assessment hearing for the 15th Avenue Improvement Project (ST220003) 1.Action Requested: Adopt attached resolutions ordering improvement and adopting the assessment roll for the 15th Avenue Improvement Project (ST220003). 2.Background: The 15th Avenue Improvement Project, City Project No. ST220003, includes 15th Avenue north of South Shore Drive. 15th Avenue is located on the municipal border and a portion of the roadway is shared with the City of Medicine Lake. On January 23, City Council approved plans and specifications and set February 20 as the date for the public improvement and assessment hearing for this project. In accordance with state statute, notice of the improvement hearing and assessment hearing has been sent to all affected property owners and has been posted in the city’s official newspaper. The project includes reconstruction of the roadway and installation of water main. The residents along 15th Avenue are not currently served by public water, and the city received a petition representing 100% of affected property owners to extend public water as part of this project. This is a joint project with the City of Medicine Lake; City Council approved the Joint Powers Agreement with the City of Medicine Lake on August 22, 2023. The current assessment policy assesses 40% of the project cost for reconstruction. The costs to install water main is 100% assessed to residents as they are not currently served by city water. A special benefit report has been prepared by an appraiser to determine the amount of benefit resulting from the project and to verify the amount of the proposed assessment. 3.Budget Impact: The Plymouth portion of the total estimated project cost of the 15th Avenue Improvement Project is $115,700 and includes construction ($91,492.30), engineering, inspection, and administration ($15,000), and contingency ($9,207.70). The project would be funded from the Street Reconstruction Fund ($46,983.30) and special assessments ($68,716.70). 4.Attachments: Location Map 199 Assessment Map Assessment Roll City Council Resolution 2024-079 City Council Resolution 2024-080 200 Medicine Lak e South Shore Dr 15th Ave N K a i s e r A v e P e ninsula Rd THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. 15th Ave Improvement ProjectProject No. ST220003Location MapÜ0180FeetCity Limits Medicine Lake Street Reconstruction 201 Medicine Lak e South Shore Dr 15th AveN K a i s e r A v e P e ninsula Rd THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. 15th Ave Improvement ProjectProject No. ST220003 - Assessment Map Ü0180Feet!(Single Family Unit Street Reconstruction Assessed Parcels City Limit/Boundary 202 Assessment Roll 15th Avenue Improvement Project Project No. ST220003 PID PROPERTY OWNER 1 PROPERTY OWNER 2 PROPERTY ADDRESS PROPERTY CITY, STATE, ZIP TAXPAYER ADDRESS TAXPAYER CITY, STATE, ZIP ASSESSMENT 25-118-22-33-0069 ADAM PEDERSON TANYA PEDERSON 10725 15TH AVE N PLYMOUTH MN 55441 10725 15TH AVE N PLYMOUTH MN 55441 13,743.34$ 25-118-22-34-0001 IAN HALL ANNA HALL 10710 15TH AVE N PLYMOUTH MN 55441 10710 15TH AVE N PLYMOUTH MN 55441 13,743.34$ 25-118-22-34-0002 CATHERINE A PIPENHAGEN BARRIE ANDERSON 10720 15TH AVE N PLYMOUTH MN 55441 10720 15TH AVE N PLYMOUTH MN 55441 13,743.34$ 25-118-22-34-0052 TERRALYN HUDLOW DANIEL SCHLETTY 10715 15TH AVE N PLYMOUTH MN 55441 10715 15TH AVE N PLYMOUTH MN 55441 13,743.34$ 25-118-22-34-0058 KERA MESSINGER 10730 15TH AVE N PLYMOUTH MN 55441 10730 15TH AVE N PLYMOUTH MN 55441 13,743.34$ Page 1 of 1 203 CITY OF PLYMOUTH RESOLUTION NO. 2024-079 RESOLUTION ADOPTING ASSESSMENTS FOR THE 15TH AVENUE IMPROVEMENT PROJECT (ST220003) Whereas, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of 15th Avenue north of South Shore Drive by reconstruction of streets, installation of concrete curb and gutter, installation of water main, and all necessary appurtenances. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments between $0 and $5,000 shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2025, and shall bear the interest rate of 3.97% per annum for a 5 year assessment period. Therefore, the first installment shall be added interest on the entire assessment from November 1, 2024 until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Such assessments between $5,001 and $10,000 shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2025, and shall bear the interest rate of 4.00% per annum for a 10 year assessment period. Therefore, the first installment shall be added interest on the entire assessment from November 1, 2024 until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. Such assessments over $10,000 shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2025, and shall bear the interest rate of 4.53% per annum for a 15 year assessment period. Therefore, the first installment shall be added interest on the entire assessment from November 1, 2024 until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to Hennepin County, pay the whole of the assessment on such property with interest accrued to the date of payment to the City of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid by October 31, 2024 and the property owner may at any time thereafter, pay the City of Plymouth Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such 204 Resolution 2024-079 Page 2 payment is made. Such payment must be made by November 15 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, until October 31, 2024, make a partial payment of a least $100 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to November 15 of the year in which such prepayment is made. 6. The City Clerk shall forthwith transmit a certified duplicate of this assessment to Hennepin County to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. The total cost of the improvement assessed by this resolution is $68,716.70. APPROVED by the City Council on this 20th day of February, 2024. 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 February 20, 2024 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 205 CITY OF PLYMOUTH RESOLUTION NO. 2024-080 RESOLUTION ORDERING IMPROVEMENT FOR THE 15TH AVENUE REHABILITATION PROJECT (ST220003) WHEREAS, the City Council adopted a resolution on January 23, 2024, which fixed a date for the council hearing on the proposed improvement of 15th Avenue north of South Shore Drive by reconstruction of streets, installation of concrete curb and gutter, installation of water main, and all necessary appurtenances; and WHEREAS, a minimum of ten days mailed notice and two weeks published notice of the hearing was given and the hearing was held thereon the 20th day of February, 2024, at which all persons desiring to be heard will be given an opportunity to be heard thereon. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTA: 1.This improvement is ordered. 2.The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond or other identified sources for this project. APPROVED by the City Council on this 20th day of February, 2024. 206 Regular City Council February 20, 2024 Agenda Number:8.1 To:Dave Callister, City Manager Prepared by:Maria Solano, Deputy City Manager Reviewed by:Dave Callister, City Manager Item:Declare vacancy in Ward 3 Council seat and establish process to fill vacancy 1.Action Requested: Adopt attached resolution declaring a vacancy in the Ward 3 Council seat and provide direction on the appointment process for filling the vacancy. 2.Background: On February 12, 2024, council member Jim Davis submitted his letter of resignation from the Plymouth City Council, effective immediately, due to recent health challenges. Davis' term was set to expire on December 31, 2024. The Plymouth City Charter Section 2.07 provides that when a vacancy occurs, the council shall, at its next regular meeting, by a resolution stating its findings, declare the vacancy to exist. Per the City Charter, when a vacancy exists, the council must appoint an eligible person to fill the vacancy until the next regular municipal election when the office is filled. Options for filling the vacancy: • Option A: Appoint an eligible person that the council agrees on without an application or interview process. • Option B: Conduct an application process which includes advertisement of the vacancy, reviewing the applications and interviewing candidates. With this option, it is anticipated council would make an appointment at the April 9 council meeting. During election years, council's past practice has been to appoint a resident who does not plan to run for election (2022). For vacancies in non-election years, past practice has been to appoint a resident to the remaining term without regard to intent to run in the next election (2011, 2013 & 2019). The council may seek candidates to fill the remainder of the vacant term who are not intending to run for office. However, there is no guarantee that an appointed candidate will not file and run for office. The council has 60 days to make an appointment (by April 20, 2024). If the council does not make an appointment, the Mayor must appoint an eligible person to fill the vacancy on or before the next council meeting (April 23, 2024). Past council appointments due to vacancies: 2011 - Jeff Wosje - Appointed Term 14 months 207 2013 - James Prom - Appointed Term 15 months 2019 - Alise McGregor - Appointed Term 20 months 2022 - Kelli Slavik - Appointed Term 3 months 3.Budget Impact: NA 4.Attachments: Resignation Letter City Council Resolution 2024-071 208 209 CITY OF PLYMOUTH RESOLUTION NO. 2024-071 RESOLUTION DECLARING VACANCY FOR WARD 3 COUNCIL SEAT WHEREAS, Jim Davis was elected to the Ward 3 Council position for a term to expire December 31, 2024; and WHEREAS, on February 12, 2024, Jim Davis submitted his resignation from his Ward 3 council seat effective immediately; and WHEREAS, the Plymouth City Charter provides that when a vacancy occurs, the City Council shall declare the vacancy to exist at its next regular meeting; and WHEREAS, the Plymouth City Charter provides that the City Council shall appoint an eligible person to fill the vacancy until the next regular municipal election when the office is filled for the unexpired term. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTA, that a vacancy exists in the Ward 3 City Council seat effective February 12, 2024. APPROVED by the City Council on this 20th day of February, 2024. 210 Regular City Council February 20, 2024 Agenda Number:8.2 To:Dave Callister, City Manager Prepared by:Michael Payne, City Engineer/Deputy Public Works Director Reviewed by:Michael Thompson, Public Works Director Item:Order and receive preliminary engineering report, order and approve plans and specifications, call for a public hearing, order advertisement for bids, declare costs to be assessed, order preparation of proposed assessments, and set public improvement and assessment hearings for the Plymouth Boulevard Improvements (ST240003) 1.Action Requested: Adopt attached resolutions ordering the preliminary engineering report, accepting the preliminary engineering report, ordering the plans and specifications, accepting the plans and specifications, calling for a public hearing, ordering the advertisement for bids, declaring the cost to be assessed, and setting the public improvement and assessment hearings for the Plymouth Boulevard Improvements (ST240003). 2.Background: This project includes rehabilitation of Plymouth Boulevard from Highway 55 to Rockford Road (County Road 9) and will consist of pavement rehabilitation, intersection safety improvements that include converting all stop intersections to roundabouts, replacement of the existing sidewalk on the east side of the roadway to a multi-use trail, crossing safety improvements, regional stormwater treatment, and curb and utility replacement as needed. The project is designed to promote the new City Center vision and implement elements such as improved traffic flow (roundabouts), pedestrian crossings, new street lighting, and enhancements at the Hilde Entrance and major intersections. The current project schedule timeline indicates major construction to be completed in 2024, with final construction items finalized in 2025. A separate scope for the Plymouth Boulevard Landscaping Project will be provided under a separate contract with anticipated construction in 2025. Bids for this project are scheduled to be received on March 21, 2024, and the public improvement and assessment hearings would be scheduled for April 23, 2024. In accordance with state statute, notice of the proposed improvement hearing and assessment hearing for this project would be sent to all affected property owners and would be posted in the city's legal newspaper as required. Included with the notice would be a recommended assessment, which would be calculated based on the lowest responsible bid received. The current assessment policy assesses 40% of the project cost for roadway improvements, which includes full depth reclamation. The costs for trail and sidewalk improvements, streetscaping, landscaping, regional stormwater improvements, and utility improvements are not proposed to be assessed. A special benefit report will be prepared by an appraiser to determine the amount of benefit resulting from the project improvements. The city 211 would only need to adjust the assessment in the case the assessment is found to exceed the special benefit received from the improvements. 3.Budget Impact: The project is included in the amended 2023 Capital Improvement Plan (2024-2032) at an estimated cost of $12,850,000. Regional stormwater improvements are proposed with this project which would promote redevelopment by reducing space needs for stormwater on potential redevelopment sites. The total estimated cost of the project is $13,100,000 and includes the improvements ($10,900,000), easement acquisition ($150,000), engineering, administration, and inspection ($1,570,000), and construction contingency ($480,000). The project is anticipated to be funded from the MSA Fund/Legislative Bonding ($2,000,000), the Street Reconstruction Fund/Legislative Bonding ($4,900,000), the Water Fund ($840,000), the Sewer Fund ($400,000), the Reforestation Fund ($50,000), and special assessments ($670,000). Funding for the remaining project costs are to be determined and the identified funding sources are subject to change as the city has submitted a request for legislative bonding to help make this project possible. 4.Attachments: Preliminary Engineering Report City Council Resolution 2024-081 City Council Resolution 2024-082 City Council Resolution 2024-083 City Council Resolution 2024-084 City Council Resolution 2024-085 212 Feasibility Report Plymouth Boulevard Rehabilitation Project City Project No. ST240003 February 20, 2024 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Registration No. 50484 Michael J. Payne, PE 213 Table of Contents Introduction ............................................................................................................................................ 1 Existing Conditions ................................................................................................................................. 1 Proposed Improvements ........................................................................................................................ 2 Surface Water Protection ....................................................................................................................... 3 Traffic and Access ................................................................................................................................... 3 Estimated Project Schedule .................................................................................................................... 4 Estimated Costs ...................................................................................................................................... 4 Project Financing .................................................................................................................................... 4 Conclusion .............................................................................................................................................. 5 Appendix Appendix A: Project Location Map Appendix B: Street Ratings Appendix C: Proposed Layout Appendix D: Typical Sections Appendix E: Preliminary Cost Estimate Appendix F: Preliminary Assessment Roll & Maps 214 Feasibility Report Plymouth Boulevard Rehabilitation Project Project No. ST240003 P a g e | 1 Introduction The City Council ordered the preparation of a preliminary engineering report for the Plymouth Boulevard Rehabilitation Project on February 20, 2024. This project is included in the city’s Capital Improvement Plan (CIP) based on the age and condition of the roadways in the proposed project area. The purpose of the report is to investigate the work necessary to be completed with the project and to determine, in a preliminary manner, the feasibility of rehabilitating the streets within the project area. This report discusses existing conditions, proposed improvements in the Plymouth Boulevard Rehabilitation project area, and summarizes estimated costs for the proposed improvements. Appendix A shows the location of the areas studied in this report. Existing Conditions The Plymouth Boulevard Rehabilitation Project includes Plymouth Boulevard from Trunk Highway 55 to Rockford Road. The roadway is an approximately 5,000-foot-long segment of urban roadway. The corridor is predominately a two-lane divided section with turn lanes with sections that are four-lane divided at both ends. Intersections at 34th Avenue, city hall entrance, 36th Avenue, and 37th Avenue operate under four-way stop control. Intersections at 32nd Avenue and 35th Avenue operate under side street stop control. Plymouth Boulevard’s pavement is in need of major rehabilitation because the surface of the pavement has deteriorated significantly and has required more than routine maintenance by Street Maintenance crews. The street has a 2022 PASER rating of 4 as shown in Appendix B. Based on a geotechnical investigation by Braun Intertec, Inc. the typical thickness of bituminous pavement along Plymouth Boulevard was between 8” and 11”. The aggregate base was typically between 7” and 13” inches. The roadway last received an overlay in 2012. There is a combination of existing bituminous trail and concrete sidewalk that run along both sides of the road. A concrete sidewalk runs the length of the corridor on the west side of the road and from Rockford Road to 34th Avenue on the east side of the road. A bituminous trail exists on the east side of the road from 34th Avenue to 32nd Avenue. There is a concrete box culvert pedestrian underpass that crosses the roadway between 32nd Avenue and 34th Avenue that is unused and fenced off. The box culvert also serves as an emergency overflow of the adjacent wetland on the west side of the roadway. 215 Feasibility Report Plymouth Boulevard Rehabilitation Project Project No. ST240003 P a g e | 2 Utilities in the project area are aging, but generally not showing signs of failure or deterioration to the point of requiring full replacement at this time. Storm sewer exists in the corridor that generally consists of reinforced concrete pipe (RCP) of varying sizes. The water main on Plymouth Boulevard consists of 18” diameter ductile iron pipe (DIP) installed in 1977 and 1979. Select valves are in need of repair or replacement. Sanitary sewer is only present in a portion of the corridor and consists of 8” diameter polyvinyl chloride pipe (PVC) installed in 1977. Proposed Improvements Plymouth Boulevard is proposed to receive full-depth reclamation. The existing bituminous surface will be ground up and mixed with the underlying aggregate base (reclaimed). Excess material will then be removed and a new bituminous surface will be paved. Concrete curb and gutter will be replaced in locations where roadway geometrics change and in areas where the condition is poor. Appendix D details the typical section of the proposed roadway. The proposed improvements are consistent with the City's Pavement Management Program, which includes full-depth reclamation to preserve the initial investments in the roadway. Plymouth Boulevard is proposed to remain a two-lane divided roadway with turn lanes. However, roadway geometric modifications are planned in some areas where the roadway is wider than necessary to meet vehicle needs or includes unnecessary turn lanes. The reduction of these paved areas reduces crossing distances for pedestrians, creates opportunities for landscaping and streetscaping installations, and reduces impervious surface areas thereby decreasing stormwater runoff. Roundabouts are proposed to be installed at the intersections of 34th Avenue, the entrance to city hall, 36th Avenue, and 37th Avenue. The intersection at 35th Avenue is proposed to be converted into a right-in, right-out intersection. These improvements are designed to calm traffic, improve traffic flow, and increase vehicle and pedestrian safety. Geometric modifications are detailed in the layout of the proposed roadway in Appendix C. Improvements to sidewalks and trails are proposed to be included with the project. A new 10-foot-wide bituminous trail will be added on the east side of the roadway from Trunk Highway 55 to 32nd Avenue and the existing trail from 32nd Avenue to 34th Avenue will be replaced. A new trail connection to 31st Avenue/Niagara Lane will provide additional connectivity to the adjacent neighborhood. The existing 5- foot-wide concrete sidewalk on the east side of the roadway is proposed to be replaced with a wider 12- foot-wide concrete trail from 34th Avenue to 37th Avenue. The existing pedestrian ramps within the project area will be replaced to comply with the American’s with Disabilities Act (ADA). 216 Feasibility Report Plymouth Boulevard Rehabilitation Project Project No. ST240003 P a g e | 3 Improvements to the drainage system include new storm sewer to accommodate roadway geometric changes and rerouting of runoff to regional storm water treatment facilities. Existing storm water treatment basins behind Lifetime Fitness and adjacent to the Post Office are proposed to be expanded with the project. Water main and sanitary sewer is proposed to be replaced or relocated at the roundabouts. Other utility improvements include replacement of water valves and installation of sealing of sanitary sewer manholes. Other improvements with the project include replacement of street lighting and installation of streetscaping in various areas of the corridor. Surface Water Protection The project area is located in the Bassett Creek Watershed. Permits will be required for this project and all permits will be obtained prior to construction. In addition, because the project is disturbing more than one acre of land, a Minnesota Pollution Control Agency (MPCA) storm water construction permit will be required and obtained prior to construction. Traffic and Access Plymouth Boulevard is proposed to be closed to through traffic during construction. Construction of the project will be phased to maintain access to all properties during construction. Temporary drive lanes and driveways will also be utilized to maintain access to properties. Detours will be required to reach some properties and proper traffic control and signage will be installed prior to any closures. Some improvements will be constructed under traffic with the contractor providing flagging. Deadlines will be established with the contractor along with liquidated damages for a contractor’s failure to complete the specified work in the time allotted. 217 Feasibility Report Plymouth Boulevard Rehabilitation Project Project No. ST240003 P a g e | 4 Estimated Project Schedule City Council orders and receives the preliminary engineering report, orders and accepts plans and specifications, calls for a Public Improvement Hearing, orders advertisement for bids, declares costs to be assessed and sets the Assessment Hearing February 20, 2024 Receive bids March 21, 2024 Public Improvement Hearing, Assessment Hearing, Award contract April 23, 2024 Begin construction May 2024 Substantial Completion October 2024 Final Completion Summer 2025 Estimated Costs The estimated project costs include construction costs plus engineering, administration, inspection, easement acquisition, and contingency. Itemized cost estimates are included in Appendix E of this report. The total estimated project cost for the Plymouth Boulevard Rehabilitation Project is $13,100,000 and is summarized below. Estimated Project Cost Construction Cost $10,900,000.00 Engineering, Administration, & Inspection $1,570,000.00 Easement Acquisition $150,000.00 Construction Contingency $480,000.00 Total Estimated Cost: $13,100,000.00 Project Financing The amended 2023 Capital Improvements Plan (2024-2032) (CIP) has designated $12,850,000 for the Plymouth Boulevard Rehabilitation Project. Regional stormwater improvements are not included in this total and are not currently programmed in the CIP. Funding of the projects is proposed to be from a mixture of sources including the street reconstruction fund, municipal state aid fund, utility funds, reforestation fund, special assessments to benefiting property owners, and other funds to be determined at time of project award. 218 Feasibility Report Plymouth Boulevard Rehabilitation Project Project No. ST240003 P a g e | 5 The adjacent benefitting property owners are proposed to be assessed for a portion of the project cost according to the City’s assessment policy. The current assessment policy states that benefiting properties shall be assessed 40% of the actual project costs for street improvements. Costs for utility improvements, regional stormwater improvements, trail improvements, streetscaping, and streetlighting are not proposed to be assessed to property owners. Appendix F identifies the parcels proposed to be assessed with the project. The overall funding for the Plymouth Boulevard Rehabilitation Project is detailed in the below table. Anticipated Funding Source Fund Amount Budgeted Municipal State Aid Fund $2,000,000.00 $2,400,00.00 Street Reconstruction Fund $4,900,000.00 $4,900,000.00 Water Fund $840,000.00 $200,000.00 Sewer Fund $400,000.00 $150,000.00 Reforestation Fund $50,000.00 $50,000.00 To Be Determined $4,240,000.00 $4,750,000.00 Special Assessments $670,000.00 $400,000.00 Total Funding: $13,100,000.00 $12,850,000.00 Conclusion The Plymouth Boulevard Rehabilitation Project includes roadway reconstruction, full depth reclamation, intersection improvements, utility improvements and repairs, trail improvements, sidewalk improvements, and streetscape improvements on Plymouth Boulevard between Trunk Highway 55 and Rockford Road. The total estimated cost for the Plymouth Boulevard Rehabilitation Project is $13,100,000.00. Proposed funding for the project is provided through a combination of Special Assessments to benefiting property owners and City Funds. This proposed project is feasible, necessary, and cost-effective from an engineering standpoint. Based on the information contained in this document, it is recommended to proceed with the improvements as outlined in this report. 219 Appendix A: Project Location Map 220 37th Ave N 36th Ave N M in ne so t a L n N 35th A v e N 34th Ave N Y u m a Ln N Niagara Ln N 40 th Ave N Weston Ln N 32nd Ave N Ranchview Ln N Orchid Ln N Medina Rd 36th Pl N Minnesota Ln N PlymouthBlvd 38 t h A ve N Vicksburg Ln N Ni aga ra Ln N Lanew ood Ln N 39th Ave N 32nd Ave N 31stAveN ¬«55 ")9 THIS REPRESENTS A COM PILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT B EEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS . 2024 P lymou th Blvd RehabilitationCity Project #ST240003Ü0960Feet Project Ar ea 2221 Appendix B: Street Ratings 222 37th Ave N 36th Ave N M i n ne so t a L n N 35th Av e N 34th Ave N Y u m a Ln N Niag a r a L n N 40th Ave N Weston Ln N 32nd Ave N Ranchview Ln N Orchid Ln N Medina Rd 36th P l N Minnesota Ln N Ply m outh Blvd 38th Ave N Vicksburg Ln N Nia gara Ln N Lanew ood Ln N 39th Ave N 32nd Ave N 31st Ave N ¬«55 ")9 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. 2024 Plymouth Blvd Rehabilitation City Project #ST240003Ü0 960 Feet 2022 PASER Street Ratings - 4 Pl y m o u t h B l v d 223 Appendix C: Proposed Layout 224 225 Appendix D: Typical Sections 226 PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 4420012/26/2023 Plan By: Design By: Checked By: Approved By: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER 258 SHEET OF SHEETS P L O T T E D / R E V IS E D : P r o j e c t s \ M i n n e s o t a \ 0 19 5 9 9 - 0 0 1\ C a d \ P la n \ 19 5 9 9 - 0 0 1_ t s 0 1.d g n W S B P A T H & F IL E N A M E : 12 / 2 6 / 2 0 2 3 2 :4 9 :18 P M AJP AJP AJF AJP ANDREW J. PLOWMAN, PE SAP 155-161-006 City of Plymouth, Minnesota Plymouth Boulevard Improvements HENNEPIN COUNTY, MINNESOTA 19 TYPICAL SECTIONS EX GROUND EX GROUND EX GROUND EX GROUND PLYMOUTH BLVD PROPOSED TYPICAL SECTION 1 - PLYMOUTH BLVD PROPOSED TYPICAL SECTION 2 - PLYMOUTH BLVD SEE DETAIL "B" SEE DETAIL "C" VARIES B618 PROFILE GRADE R/W GRADING GRADE PROFILE GRADE 0.03'/' { PLYMOUTH BLVD NBPLYMOUTH BLVD SB { SEE INSET "E" 6" TOPSOIL & SEED 2' 0.015'/' 1 : 4 SEE DETAIL "B" LTL 12.5' B618 R/W GRADING GRADE SEE DETAIL "B" SEE DETAIL "C" MEDIAN 12'-25' BLVD 8' VARIES PROFILE GRADE R/W GRADING GRADE PROFILE GRADE 0.03'/' 6" TOPSOIL & SEED 2' 0.015'/' 1 : 4 SEE DETAIL "B" GRADING GRADE R/W { PLYMOUTH BLVD NBPLYMOUTH BLVD SB { B618B618 B618 B618 VARIES B618 B618 MEDIAN 8'-12'1.5'1.5' 45'45' 45'45' RATE BETWEEN 0.05 TO 0.07 GAL/SQ YARD BETWEEN BITUMINOUS COURSES. - BITUMINOUS TACK COAT MNDOT SPEC. 2357 SHALL BE APPLIED AT A UNIFORM EXCAVATION REQUIRED. - SEE PROFILES AND CROSS SECTIONS FOR LOCATION AND DEPTH OF SUBGRADE EDGE OF THE BITUMINOUS PAVEMENT. - ALL EDGE DIMENSIONS ARE FACE TO FACE OF CURB OR TO THE SAME AS THE THRU LANE SLOPE. ALL CROSS SLOPES ARE SHOWN AS FT/FT. - UNLESS OTHERWISE SPECIFIED, THE SUBGRADE CROSS SLOPE WILL BE THE GENERAL NOTES: 0.02'/'0.02'/'0.02'/'0.02'/'0.02'/' 0.02'/'0.02'/'0.02'/'0.02'/' 0.03'/' 2' 0.015'/' 1:4 WALK CONC. 6' 0.03'/' 2' 0.015'/' 1:4 BLVD 6'-14' BLVD 0'- 8' BIT TRAIL 10' NB STA 100+24.37 TO NB STA 106+00 MEDIAN EXIST. 3'-20' RTL 19' THRU LANE 12.5'- 15' THRU/LTL 11' THRU LANE 11' - 24' B618 EX. B618 EX. THRU LANE 11'- 16.5' THRU LANE 0'- 15' THRU LANE 11'- 16.5' RTL 0'-12.5' WALK CONC. 6' BLVD 8'-40' BIT/CONC. TRAIL 10'- 12' NB STA 113+10 TO NB STA 117+70 NB STA 106+00 TO NB STA 111+54 EXISTING SIDEWALK. SEE CONSTRUCTION PLAN FOR TIE INTO NOTES: SEE INSET "A"SEE INSET "A"SEE INSET "A" SEE INSET "F" SEE INSET "A"SEE INSET "A" SEE INSET "E OR F" SEE INSET "F" 1 1 1 227 PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 4420012/26/2023 Plan By: Design By: Checked By: Approved By: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER 258 SHEET OF SHEETS P L O T T E D / R E V IS E D : P r o j e c t s \ M i n n e s o t a \ 0 19 5 9 9 - 0 0 1\ C a d \ P la n \ 19 5 9 9 - 0 0 1_ t s 0 1.d g n W S B P A T H & F IL E N A M E : 12 / 2 6 / 2 0 2 3 2 :4 9 :2 3 P M AJP AJP AJF AJP ANDREW J. PLOWMAN, PE SAP 155-161-006 City of Plymouth, Minnesota Plymouth Boulevard Improvements HENNEPIN COUNTY, MINNESOTA 20 TYPICAL SECTIONS 0.04'/' GRADING GRADE 1 : 6 SUITABLE GRADING MATERIAL BACKFILL WITH 1:6 0.04'/' FOR CENTRAL ISLAND DETAILS NOTE: SEE DETAIL ON SHEET DET1 GRADING GRADE PLYMOUTH BLVD EX GROUNDEX GROUND PROPOSED TYPICAL SECTION 3 - PLYMOUTH BLVD & 34TH AVE ROUNDABOUT PROPOSED TYPICAL SECTION 4 - PLYMOUTH BLVD 61' TRUCK APRON SEE INSET "B1" SEE INSET "A" 0.01'/' 6" TOPSOIL & SEED B624 ISLAND SPLITTER { RADIAL SEE DETAIL "C" { RADIAL THRU LANE VARIES TRUCK APRON SEE INSET "A" 0.01'/' B618 ISLAND SPLITTER THRU LANE VARIES SEE INSET "B1" B624 R418 B618 RATE BETWEEN 0.05 TO 0.07 GAL/SQ YARD BETWEEN BITUMINOUS COURSES. - BITUMINOUS TACK COAT MNDOT SPEC. 2357 SHALL BE APPLIED AT A UNIFORM EXCAVATION REQUIRED. - SEE PROFILES AND CROSS SECTIONS FOR LOCATION AND DEPTH OF SUBGRADE EDGE OF THE BITUMINOUS PAVEMENT. - ALL EDGE DIMENSIONS ARE FACE TO FACE OF CURB OR TO THE SAME AS THE THRU LANE SLOPE. ALL CROSS SLOPES ARE SHOWN AS FT/FT. - UNLESS OTHERWISE SPECIFIED, THE SUBGRADE CROSS SLOPE WILL BE THE GENERAL NOTES: SEE DETAIL "B" SEE DETAIL "C" MEDIAN 6'-30' VARIES B618 B618 PROFILE GRADE GRADING GRADE PROFILE GRADE 0.03'/' SEE INSET "F" 6" TOPSOIL & SEED 2' 0.015'/' 1: 4 SEE DETAIL "A" B618 GRADING GRADE PARKING 0'-12' { PLYMOUTH BLVD NBPLYMOUTH BLVD SB { B618 R/W R/W45'45' 0.02'/'0.02'/'0.02'/'0.02'/'0.03'/' 2' 0.015'/' 1:4 WALK EXIST. 6' BLVD EXIST. 8'-10' THRU LANE 15'-16.5' PARKING 0'-12' BLVD 0'-14.5' CONC. TRAIL 12' THRU LANE 15'-16.5' 15.5'19.5'19.5'15.5' RADIAL STA 10+00 TO RADIAL STA 12+89.03 EB STA 202+76 TO EB STA 204+30 NB STA 111+54 TO NB STA 113+10 NB STA 140+30 TO NB STA 145+00 NB STA 132+06 TO NB STA 138+80 NB STA 119+62 TO NB STA 130+46 NB STA 117+70 TO NB STA 118+35 SEE DETAIL "C" EXISTING SIDEWALK. SEE CONSTRUCTION PLAN FOR TIE INTO NOTES: 418R SEE INSET "A"SEE INSET "A" 1 1 228 PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 4420012/26/2023 Plan By: Design By: Checked By: Approved By: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER 258 SHEET OF SHEETS P L O T T E D / R E V IS E D : P r o j e c t s \ M i n n e s o t a \ 0 19 5 9 9 - 0 0 1\ C a d \ P la n \ 19 5 9 9 - 0 0 1_ t s 0 1.d g n W S B P A T H & F IL E N A M E : 12 / 2 6 / 2 0 2 3 2 :4 9 :2 8 P M AJP AJP AJF AJP ANDREW J. PLOWMAN, PE SAP 155-161-006 City of Plymouth, Minnesota Plymouth Boulevard Improvements HENNEPIN COUNTY, MINNESOTA 21 TYPICAL SECTIONS 0.04'/' GRADING GRADE 1 :6 SUITABLE GRADING MATERIAL BACKFILL WITH 1:6 0.04'/' FOR CENTRAL ISLAND DETAILS NOTE: SEE DETAIL ON SHEET DET2 GRADING GRADE 0.04'/' GRADING GRADE 1 :6 SUITABLE GRADING MATERIAL BACKFILL WITH 1:6 0.04'/' FOR CENTRAL ISLAND DETAILS NOTE: SEE DETAIL ON SHEET DET3 GRADING GRADE PLYMOUTH BLVD PROPOSED TYPICAL SECTION 5 - PLYMOUTH BLVD & CITY HALL ENTRANCE ROUNDABOUT PROPOSED TYPICAL SECTION 6 - PLYMOUTH BLVD & 36TH AVE ROUNDABOUT 50'14' TRUCK APRON SEE INSET "B1" SEE INSET "A" 0.01'/' 6" TOPSOIL & SEED { RADIAL SEE DETAIL "C" { RADIAL VARIES 15' TRUCK APRON SEE INSET "A" 0.01'/' SEE DETAIL "C" VARIES SEE INSET "B1" 69' TRUCK APRON SEE INSET "B1" SEE INSET "A" 0.01'/' 6" TOPSOIL & SEED B618 R418 B624 B624 { RADIAL SEE DETAIL "C" { RADIAL VARIES TRUCK APRON SEE INSET "A" 0.01'/' B618 R418 SEE DETAIL "C" VARIES SEE INSET "B1" B618R418 B618B618 R418B618 21' ISLAND SPLITTER THRU LANE 21' ISLAND SPLITTER THRU LANE ISLAND SPLITTER THRU LANEISLAND SPLITTER THRU LANE RATE BETWEEN 0.05 TO 0.07 GAL/SQ YARD BETWEEN BITUMINOUS COURSES. - BITUMINOUS TACK COAT MNDOT SPEC. 2357 SHALL BE APPLIED AT A UNIFORM EXCAVATION REQUIRED. - SEE PROFILES AND CROSS SECTIONS FOR LOCATION AND DEPTH OF SUBGRADE EDGE OF THE BITUMINOUS PAVEMENT. - ALL EDGE DIMENSIONS ARE FACE TO FACE OF CURB OR TO THE SAME AS THE THRU LANE SLOPE. ALL CROSS SLOPES ARE SHOWN AS FT/FT. - UNLESS OTHERWISE SPECIFIED, THE SUBGRADE CROSS SLOPE WILL BE THE GENERAL NOTES: RADIAL STA 10+00 TO RADIAL STA 12+51.35 EB STA 302+28 TO EB STA 303+77 NB STA 118+35 TO NB STA 119+62 RADIAL STA 10+00 TO RADIAL STA 13+14.16 EB STA 402+95 TO EB STA 404+65 NB STA 130+46 TO NB STA 132+06 15.5'15.5'19.5'19.5' 229 PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 4420012/26/2023 Plan By: Design By: Checked By: Approved By: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER 258 SHEET OF SHEETS P L O T T E D / R E V IS E D : P r o j e c t s \ M i n n e s o t a \ 0 19 5 9 9 - 0 0 1\ C a d \ P la n \ 19 5 9 9 - 0 0 1_ t s 0 1.d g n W S B P A T H & F IL E N A M E : 12 / 2 6 / 2 0 2 3 2 :4 9 :3 3 P M AJP AJP AJF AJP ANDREW J. PLOWMAN, PE SAP 155-161-006 City of Plymouth, Minnesota Plymouth Boulevard Improvements HENNEPIN COUNTY, MINNESOTA 22 TYPICAL SECTIONS 0.04'/' GRADING GRADE 1 : 6 SUITABLE GRADING MATERIAL BACKFILL WITH 1:6 0.04'/' FOR CENTRAL ISLAND DETAILS NOTE: SEE DETAIL ON SHEET DET4 GRADING GRADE EX GROUND EX GROUND PLYMOUTH BLVD PROPOSED TYPICAL SECTION 7 - PLYMOTUH BLVD & 37TH AVE ROUNDABOUT PROPOSED TYPICAL SECTION 8 - PLYMOUTH BLVD SEE DETAIL "C" MEDIAN 11'-24' VARIES B618 B618 PROFILE GRADE PROFILE GRADE SEE DETAIL "A" B618 GRADING GRADE LTL 0'-11' THRU LANE 11' RTL 0'-11' B618 SEE DETAIL "A" 61'14' TRUCK APRON SEE INSET "B1" SEE INSET "A" 0.01'/' 6" TOPSOIL & SEED B618 B618 B618 { RADIAL SEE DETAIL "C" { RADIAL VARIES 14' TRUCK APRON SEE INSET "A" 0.01'/' B618 R418VARIES SEE INSET "B1" { PLYMOUTH BLVD NBPLYMOUTH BLVD SB { 21' ISLAND SPLITTER THRU LANE 21' ISLAND SPLITTER THRU LANE R/W R/W45'45' RATE BETWEEN 0.05 TO 0.07 GAL/SQ YARD BETWEEN BITUMINOUS COURSES. - BITUMINOUS TACK COAT MNDOT SPEC. 2357 SHALL BE APPLIED AT A UNIFORM EXCAVATION REQUIRED. - SEE PROFILES AND CROSS SECTIONS FOR LOCATION AND DEPTH OF SUBGRADE EDGE OF THE BITUMINOUS PAVEMENT. - ALL EDGE DIMENSIONS ARE FACE TO FACE OF CURB OR TO THE SAME AS THE THRU LANE SLOPE. ALL CROSS SLOPES ARE SHOWN AS FT/FT. - UNLESS OTHERWISE SPECIFIED, THE SUBGRADE CROSS SLOPE WILL BE THE GENERAL NOTES: 0.02'/'0.02'/'0.02'/'0.02'/'0.02'/'0.03'/' 2' 0.015'/' 1:4 WALK EXIST. 6' BLVD EXIST. 8'-10' 0.03'/' 2' 0.015'/' 1 : 4 WALK EXIST. 6' BLVD EXIST. 8'-10' STA 145+00 NB TO STA 150+91.96 NB RTL/PARKING 10'-12.5' THRU LANE 11'- 15' LTL 0'- 12.5' RADIAL STA 10+00 TO RADIAL STA 12+85.88 EB STA 502+67 TO EB STA 504+09 NB STA 138+80 TO NB STA 140+30 SEE DETAIL "C" 418R SEE INSET "A"SEE INSET "A" GRADING GRADE 230 PRINT NAME: DATE LICENSE # REVISIONSNO.DATE BY CHK 4420012/26/2023 Plan By: Design By: Checked By: Approved By: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER 258 SHEET OF SHEETS P L O T T E D / R E V IS E D : P r o j e c t s \ M i n n e s o t a \ 0 19 5 9 9 - 0 0 1\ C a d \ P la n \ 19 5 9 9 - 0 0 1_ t s 0 1.d g n W S B P A T H & F IL E N A M E : 12 / 2 6 / 2 0 2 3 2 :4 9 :0 7 P M AJP AJP AJF AJP ANDREW J. PLOWMAN, PE SAP 155-161-006 City of Plymouth, Minnesota Plymouth Boulevard Improvements HENNEPIN COUNTY, MINNESOTA TYPICAL SECTIONS 17 INSETS INSET "A" MIXTURE SPWEA340C 2.0" TYPE SP 9.5 WEARING COURSE MIXTURE SPNWB330B 2.0" TYPE SP 12.5 NON-WEARING COURSE MIXTURE SPWEA340C 2.0" TYPE SP 9.5 WEARING COURSE 2 GENERAL NOTES: 1 1 3 2 (PED RAMPS & LANDINGS) 6" CONCRETE WALK SPECIAL 1 6" CONCRETE WALK 2 4" CONCRETE WALK SPECIAL 2 4" CONCRETE WALK SPECIAL 1 4" CONCRETE WALK 3 6" CONCRETE WALK SPECIAL 1 = "C1" OR 6" CONCRETE WALK = "C" 4" CONCRETE WALK SPECIAL 2 = "D2" OR 4" CONCRETE WALK SPECIAL 1 = "D1" OR 4" CONCRETE WALK = "D" BITUMINOUS TRAIL MIXTURE SPWEA230B 3.0" TYPE SP 9.5 WEARING COURSE CONCRETE DRIVEWAY PAVEMENT BITUMINOUS DRIVEWAYS 8" CONCRETE DRIVEWAY PAVEMENT MIXTURE SPWEA340C 3" TYPE SP 9.5 WEARING COURSE 2 CONCRETE PAVING CONCRETE PAVEMENT 7.0" SPECIAL 2 = "B2" OR CONCRETE PAVEMENT 7.0" SPECIAL 1 = "B1" OR CONCRETE PAVEMENT 7.0" = "B" 2 DETAILS FOR LOCATIONS) (SEE PAVING PLAN AND ROUNDABOUT INTERSECTION 4" CONCRETE WALK SPECIAL 1 = "F1" OR 4" CONCRETE WALK = "F" (MEDIANS/SPLITTER ISLANDS) 4" CONCRETE WALK INSET "F" OR "F1" INSET "C" OR "C1"INSET "B", "B1", OR "B2" INSET "E"INSET "D", "D1", OR "D2" INSET "H"INSET "G" 1 BITUMINOUS PAVING 3 HIGH EARLY CONCRETE (INCIDENTAL) GRAY (FS COLOR 36231) CONCRETE COLOR SHALL BE INTEGRAL DARK GULL GUNSHIP GRAY (FS COLOR 36118) CONCRETE COLOR SHALL BE INTEGRAL MEDIUM GRADING GRADE 10" RECLAIM MATERIAL 9" RECLAIM MATERIAL 4" RECLAIM MATERIAL 4" RECLAIM MATERIAL 4" RECLAIM MATERIAL 6" RECLAIM MATERIAL 6" RECLAIM MATERIAL SEE TYPICAL SECTIONS VARIABLE DEPTH RECLAIM MATERIAL 231 Appendix E: Preliminary Cost Estimate 232 Project:Plymouth Boulevard Improvements Location:Plymouth, Minnesota Project No.:SAP 155-161-006, City Project No. ST240003 City Project No. ST240003 WSB 019599-001 Date:2/11/2024 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost 2021.501 MOBILIZATION LUMP SUM $700,000.00 1 $700,000.00 0.64 $448,000.00 0.16 $112,000.00 0.07 $49,000.00 0.13 $91,000.00 2101.502 GRUBBING EACH $250.00 68 $17,000.00 68 $17,000.00 2101.505 GRUBBING ACRE $4,800.00 0.5 $2,400.00 0.5 $2,400.00 2104.502 REMOVE PLANTER EACH $500.00 1 $500.00 1 $500.00 2104.502 REMOVE MANHOLE (SANITARY)EACH $725.00 4 $2,900.00 4 $2,900.00 2104.502 REMOVE CASTING (SANITARY)EACH $200.00 14 $2,800.00 14 $2,800.00 2104.502 REMOVE GATE VALVE & BOX EACH $350.00 19 $6,650.00 19 $6,650.00 2104.502 REMOVE HYDRANT EACH $775.00 5 $3,875.00 5 $3,875.00 2104.502 REMOVE DELINEATOR / MARKER EACH $40.50 5 $202.50 5 $202.50 2104.502 REMOVE SIGN EACH $70.00 101 $7,070.00 101 $7,070.00 2104.502 REMOVE CHANGEABLE MESSAGE SIGN EACH $5,000.00 2 $10,000.00 2 $10,000.00 2104.502 REMOVE LIGHT FOUNDATION EACH $740.00 67 $49,580.00 67 $49,580.00 2104.502 REMOVE SIGN PANEL EACH $53.00 7 $371.00 7 $371.00 2104.502 REMOVE SIGN PANEL SPECIAL EACH $53.00 4 $212.00 4 $212.00 2104.502 SALVAGE BOULDER EACH $260.00 3 $780.00 3 $780.00 2104.502 SALVAGE LIGHTING UNIT EACH $500.00 67 $33,500.00 67 $33,500.00 2104.502 SALVAGE SIGN EACH $75.00 3 $225.00 3 $225.00 2104.502 SALVAGE SIGN PANEL EACH $55.00 10 $550.00 10 $550.00 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT $6.00 20 $120.00 20 $120.00 2104.503 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT $4.00 1388 $5,552.00 1388 $5,552.00 2104.503 REMOVE WATER MAIN LIN FT $18.00 1672 $30,096.00 1672 $30,096.00 2104.503 REMOVE SEWER PIPE (SANITARY)LIN FT $18.00 368 $6,624.00 368 $6,624.00 2104.503 REMOVE CURB & GUTTER LIN FT $5.20 18113 $94,187.60 18113 $94,187.60 2104.503 REMOVE RETAINING WALL LIN FT $33.00 696 $22,968.00 696 $22,968.00 2104.503 REMOVE STONE CURB LIN FT $5.00 247 $1,235.00 247 $1,235.00 2104.503 REMOVE BOX CULVERT LIN FT $131.00 115 $15,065.00 115 $15,065.00 2104.504 REMOVE CONCRETE PAVEMENT SQ YD $6.75 359 $2,423.25 359 $2,423.25 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SQ YD $7.10 1232 $8,747.20 1232 $8,747.20 2104.518 REMOVE BITUMINOUS WALK SQ FT $2.00 3172 $6,344.00 3172 $6,344.00 2104.518 REMOVE CONCRETE WALK SQ FT $2.00 35939 $71,878.00 35939 $71,878.00 2104.518 REMOVE CONCRETE MEDIAN SQ FT $4.30 5224 $22,463.20 5224 $22,463.20 2104.601 RELOCATE MONUMENT LUMP SUM $3,000.00 1 $3,000.00 1 $3,000.00 2104.602 SALVAGE SIGN PANEL SPECIAL EACH $60.00 3 $180.00 3 $180.00 2106.507 EXCAVATION - COMMON CU YD $15.00 15784 $236,760.00 15784 $236,760.00 2106.507 COMMON EMBANKMENT (CV)CU YD $12.00 5913 $70,956.00 5913 $70,956.00 2106.601 DEWATERING LUMP SUM $50,000.00 1 $50,000.00 1 $50,000.00 2118.507 AGGREGATE SURFACING (CV) CLASS 5 (4)CU YD $33.00 712 $23,496.00 712 $23,496.00 PLYMOUTH SAP 155-161-006 STORM SEWER SAP 155-161-006 PUBLIC UTILITIESUNITNOTESDESCRIPTIONITEM NUMBER LANDSCAPING NON-PARTICIPATING OPINION OF PROBABLE COST STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL PARTICIPATING - STATE AID UNIT PRICE Page 1 O:\Projects\Current Projects\2020-2029\24-ST240003 Plymouth Blvd Improvements\Design\Cost Estimate\SAP155-161-006_EngineerEstimate - 2024-2-9 233 Project:Plymouth Boulevard Improvements Location:Plymouth, Minnesota Project No.:SAP 155-161-006, City Project No. ST240003 City Project No. ST240003 WSB 019599-001 Date:2/11/2024 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost PLYMOUTH SAP 155-161-006 STORM SEWER SAP 155-161-006 PUBLIC UTILITIESUNITNOTESDESCRIPTIONITEM NUMBER LANDSCAPING NON-PARTICIPATING OPINION OF PROBABLE COST STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL PARTICIPATING - STATE AID UNIT PRICE 2123.610 STREET SWEEPER (WITH PICKUP BROOM)HOUR $324.00 160 $51,840.00 160 $51,840.00 2123.610 1.5 CU YD BACKHOE HOUR $200.00 80 $16,000.00 80 $16,000.00 2130.523 WATER M GALLON $70.00 100 $7,000.00 100 $7,000.00 2215.504 FULL DEPTH RECLAMATION SQ YD $3.00 44108 $132,324.00 44108 $132,324.00 2231.509 BITUMINOUS PATCHING MIXTURE (4)TON $200.00 908 $181,600.00 908 $181,600.00 2301.504 CONCRETE PAVEMENT 7.0"SQ YD $82.00 603 $49,446.00 603 $49,446.00 2301.504 CONCRETE PAVEMENT 7.0" SPECIAL 1 SQ YD $90.00 1270 $114,300.00 1270 $114,300.00 2301.602 DRILL & GROUT REINF BAR (EPOXY COATED)EACH $17.25 1267 $21,855.75 1267 $21,855.75 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2,B)TON $125.00 267 $33,375.00 267 $33,375.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C)TON $90.00 6972 $627,480.00 6972 $627,480.00 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C) (DRIVEWAY)TON $125.00 169 $21,125.00 169 $21,125.00 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (3,B)TON $80.00 5231 $418,480.00 5231 $418,480.00 2402.503 ORNAMENTAL METAL RAILING LIN FT $250.00 51 $12,750.00 51 $12,750.00 2411.502 CONCRETE RETAINING WALL (KEY WALL)EACH $2,000.00 78 $156,000.00 78 $156,000.00 2411.603 SEAT WALL LIN FT $750.00 318 $238,500.00 318 $238,500.00 2411.603 CONCRETE STEPS-DESIGN SPECIAL LIN FT $500.00 66 $33,000.00 66 $33,000.00 2411.618 ANTI-GRAFFITI COATING SQ FT $2.25 2226 $5,008.50 2226 $5,008.50 2433.503 REMOVE ORNAMENTAL METAL RAILING LIN FT $10.00 116 $1,160.00 116 $1,160.00 2503.503 6" PVC PIPE SEWER LIN FT $46.00 30 $1,380.00 30 $1,380.00 2503.503 8" PVC PIPE SEWER LIN FT $64.00 266 $17,024.00 266 $17,024.00 2503.503 10" PVC PIPE SEWER LIN FT $145.00 67 $9,715.00 67 $9,715.00 2503.503 36" SPAN RC PIPE-ARCH SEWER CL IIA LIN FT $308.00 497 $153,076.00 497 $153,076.00 2503.503 15" RC PIPE SEWER DES 3006 CL V LIN FT $112.00 2573 $288,176.00 2573 $288,176.00 2503.503 18" RC PIPE SEWER DES 3006 CL V LIN FT $95.00 22 $2,090.00 22 $2,090.00 2503.503 24" RC PIPE SEWER DES 3006 CL III LIN FT $127.00 184 $23,368.00 184 $23,368.00 2503.503 30" RC PIPE SEWER DES 3006 CL III LIN FT $175.00 1587 $277,725.00 1587 $277,725.00 2503.503 36" RC PIPE SEWER DES 3006 CL III LIN FT $205.00 84 $17,220.00 84 $17,220.00 2503.503 42" RC PIPE SEWER DES 3006 CL V LIN FT $500.00 43 $21,500.00 43 $21,500.00 2503.601 BYPASS PUMPING (SANITARY)LUMP SUM $100,000.00 1 $100,000.00 1 $100,000.00 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $2,615.00 8 $20,920.00 8 $20,920.00 2503.602 CONNECT TO EXISTING STORM SEWER EACH $1,550.00 15 $23,250.00 15 $23,250.00 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $2,500.00 1 $2,500.00 1 $2,500.00 2503.602 CONNECT TO EXISTING SANITARY SEWER SER EACH $800.00 1 $800.00 1 $800.00 2503.602 8"X6" PVC WYE EACH $430.00 1 $430.00 1 $430.00 Page 2 O:\Projects\Current Projects\2020-2029\24-ST240003 Plymouth Blvd Improvements\Design\Cost Estimate\SAP155-161-006_EngineerEstimate - 2024-2-9 234 Project:Plymouth Boulevard Improvements Location:Plymouth, Minnesota Project No.:SAP 155-161-006, City Project No. ST240003 City Project No. ST240003 WSB 019599-001 Date:2/11/2024 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost PLYMOUTH SAP 155-161-006 STORM SEWER SAP 155-161-006 PUBLIC UTILITIESUNITNOTESDESCRIPTIONITEM NUMBER LANDSCAPING NON-PARTICIPATING OPINION OF PROBABLE COST STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL PARTICIPATING - STATE AID UNIT PRICE 2503.608 DUCTILE IRON FITTINGS (1)POUND $20.00 7029 $140,580.00 7029 $140,580.00 2504.601 TEMPORARY WATER SERVICE LUMP SUM $35,000.00 1 $35,000.00 1 $35,000.00 2504.602 REPAIR GATE VALVE EACH $1,000.00 1 $1,000.00 1 $1,000.00 2504.602 REBUILD GATE VALVE EACH $1,500.00 7 $10,500.00 7 $10,500.00 2504.602 CONNECT TO EXISTING WATER MAIN EACH $2,925.00 19 $55,575.00 19 $55,575.00 2504.602 HYDRANT EACH $7,570.00 6 $45,420.00 6 $45,420.00 2504.602 ADJUST VALVE BOX EACH $750.00 17 $12,750.00 17 $12,750.00 2504.602 6" GATE VALVE & BOX EACH $2,730.00 5 $13,650.00 5 $13,650.00 2504.602 8" GATE VALVE & BOX EACH $3,500.00 5 $17,500.00 5 $17,500.00 2504.602 12" GATE VALVE & BOX EACH $4,500.00 1 $4,500.00 1 $4,500.00 2504.602 18" GATE VALVE & BOX EACH $12,000.00 10 $120,000.00 10 $120,000.00 2504.603 6" PVC WATERMAIN LIN FT $90.00 174 $15,660.00 174 $15,660.00 2504.603 8" PVC WATERMAIN LIN FT $100.00 654 $65,400.00 654 $65,400.00 2504.603 12" PVC WATERMAIN LIN FT $125.00 49 $6,125.00 49 $6,125.00 2504.603 18" PVC WATERMAIN LIN FT $200.00 822 $164,400.00 822 $164,400.00 2504.604 4" POLYSTYRENE INSULATION SQ YD $60.00 100 $6,000.00 100 $6,000.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN G LIN FT $620.00 44 $27,342.00 44 $27,342.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-48 LIN FT $780.00 424 $330,330.00 424 $330,330.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-60 LIN FT $1,275.00 99 $126,480.00 99 $126,480.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-72 LIN FT $1,310.00 22 $29,082.00 22 $29,082.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SD-96 LIN FT $4,000.00 6 $23,600.00 6 $23,600.00 2506.503 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (3)LIN FT $850.00 84 $71,655.00 84 $71,655.00 2506.503 CONST DRAINAGE STRUCTURE DES 60-4020 LIN FT $1,075.00 21 $22,360.00 21 $22,360.00 2506.503 CONST DRAINAGE STRUCTURE DES 72-4020 LIN FT $1,415.00 9 $13,018.00 9 $13,018.00 2506.503 CONST DRAINAGE STRUCTURE DES 84-4020 LIN FT $1,855.00 7 $12,428.50 7 $12,428.50 2506.602 SEAL MANHOLE EACH $1,700.00 11 $18,700.00 11 $18,700.00 2506.602 CASTING ASSEMBLY SPECIAL (2)EACH $1,000.00 19 $19,000.00 19 $19,000.00 2506.603 REPAIR MANHOLE DES SPEC LIN FT $2,750.00 3 $8,250.00 3 $8,250.00 2521.518 4" CONCRETE WALK SQ FT $8.00 55149 $441,192.00 55149 $441,192.00 2521.518 4" CONCRETE WALK SPECIAL 1 SQ FT $18.00 10192 $183,456.00 10192 $183,456.00 2521.518 6" CONCRETE WALK SQ FT $16.00 16931 $270,896.00 16931 $270,896.00 2531.503 CONCRETE CURB & GUTTER DESIGN B612 LIN FT $26.00 133 $3,458.00 133 $3,458.00 2531.503 CONCRETE CURB & GUTTER DESIGN B618 LIN FT $30.00 19074 $572,220.00 19074 $572,220.00 2531.503 CONCRETE CURB & GUTTER DESIGN D418 LIN FT $26.00 462 $12,012.00 462 $12,012.00 2531.503 CONCRETE CURB & GUTTER DESIGN R418 LIN FT $30.00 1104 $33,120.00 1104 $33,120.00 2531.504 8" CONCRETE DRIVEWAY PAVEMENT (HIGH-EARLY)SQ YD $110.00 466 $51,260.00 466 $51,260.00 Page 3 O:\Projects\Current Projects\2020-2029\24-ST240003 Plymouth Blvd Improvements\Design\Cost Estimate\SAP155-161-006_EngineerEstimate - 2024-2-9 235 Project:Plymouth Boulevard Improvements Location:Plymouth, Minnesota Project No.:SAP 155-161-006, City Project No. ST240003 City Project No. ST240003 WSB 019599-001 Date:2/11/2024 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost PLYMOUTH SAP 155-161-006 STORM SEWER SAP 155-161-006 PUBLIC UTILITIESUNITNOTESDESCRIPTIONITEM NUMBER LANDSCAPING NON-PARTICIPATING OPINION OF PROBABLE COST STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL PARTICIPATING - STATE AID UNIT PRICE 2531.603 CONCRETE SILL LIN FT $10.00 1015 $10,150.00 1015 $10,150.00 2531.618 TRUNCATED DOMES SQ FT $60.00 1611 $96,660.00 1611 $96,660.00 2540.602 PLANTER EACH $5,000.00 2 $10,000.00 2 $10,000.00 2540.602 BENCH EACH $4,000.00 11 $44,000.00 11 $44,000.00 2540.602 PRECAST CONCRETE BENCH EACH $2,000.00 64 $128,000.00 64 $128,000.00 2545.502 LIGHTING UNIT TYPE SPECIAL 1 (BOLLARD)EACH $1,000.00 7 $7,000.00 7 $7,000.00 2545.502 LIGHTING UNIT TYPE SPECIAL 2 (PILLAR)EACH $3,500.00 6 $21,000.00 6 $21,000.00 2545.502 LIGHTING UNIT TYPE SPECIAL 3 (STREET)EACH $3,500.00 67 $234,500.00 67 $234,500.00 2545.502 LIGHTING UNIT TYPE 9-30 EACH $3,800.00 32 $121,600.00 32 $121,600.00 2545.502 LIGHT FOUNDATION DESIGN E EACH $1,500.00 32 $48,000.00 32 $48,000.00 2545.502 LIGHT FOUNDATION DESIGN SPECIAL (STREET)EACH $1,500.00 67 $100,500.00 67 $100,500.00 2545.502 LIGHT FOUNDATION DESIGN SPECIAL (PILLAR)EACH $1,500.00 6 $9,000.00 6 $9,000.00 2545.502 SERVICE CABINET -TYPE L1 EACH $7,000.00 4 $28,000.00 4 $28,000.00 2545.502 SERVICE EQUIPMENT EACH $2,050.00 4 $8,200.00 4 $8,200.00 2545.502 EQUIPMENT PAD B EACH $1,250.00 4 $5,000.00 4 $5,000.00 2545.502 HANDHOLE EACH $2,075.00 16 $33,200.00 16 $33,200.00 2545.503 1.5" NON-METALLIC CONDUIT LIN FT $8.00 3300 $26,400.00 3300 $26,400.00 2545.503 UNDERGROUND WIRE 1/C 8 AWG LIN FT $2.00 13200 $26,400.00 13200 $26,400.00 2563.601 TRAFFIC CONTROL LUMP SUM $500,000.00 1 $500,000.00 0.64 $320,000.00 0.16 $80,000.00 0.07 $35,000.00 0.13 $65,000.00 2563.613 PORTABLE CHANGEABLE MESSAGE SIGN UNIT DAY $100.00 80 $8,000.00 80 $8,000.00 2564.502 INSTALL SIGN PANEL EACH $130.00 7 $910.00 7 $910.00 2564.602 INSTALL SIGN EACH $750.00 6 $4,500.00 6 $4,500.00 2564.602 INSTALL SIGN PANEL SPECIAL EACH $360.00 3 $1,080.00 3 $1,080.00 2564.602 DELINEATOR / MARKER EACH $150.00 6 $900.00 6 $900.00 2564.602 DELINEATOR / MARKER PANEL EACH $80.00 14 $1,120.00 14 $1,120.00 2564.618 SIGN SQ FT $60.00 1034 $62,040.00 1034 $62,040.00 2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM $10,000.00 1 $10,000.00 0.64 $6,400.00 0.16 $1,600.00 0.07 $700.00 0.13 $1,300.00 2573.501 EROSION CONTROL SUPERVISOR LUMP SUM $8,000.00 1 $8,000.00 0.64 $5,120.00 0.16 $1,280.00 0.07 $560.00 0.13 $1,040.00 2573.502 STORM DRAIN INLET PROTECTION EACH $200.00 145 $29,000.00 145 $29,000.00 2573.503 SILT FENCE; TYPE MS LIN FT $3.00 3663 $10,989.00 3663 $10,989.00 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT $2.55 17492 $44,604.60 17492 $44,604.60 2574.505 SOIL BED PREPARATION ACRE $200.00 7.2 $1,440.00 7.2 $1,440.00 2574.508 FERTILIZER TYPE 1 POUND $1.00 1167 $1,167.00 1167 $1,167.00 2574.508 FERTILIZER TYPE 3 POUND $1.00 1348 $1,348.00 1348 $1,348.00 Page 4 O:\Projects\Current Projects\2020-2029\24-ST240003 Plymouth Blvd Improvements\Design\Cost Estimate\SAP155-161-006_EngineerEstimate - 2024-2-9 236 Project:Plymouth Boulevard Improvements Location:Plymouth, Minnesota Project No.:SAP 155-161-006, City Project No. ST240003 City Project No. ST240003 WSB 019599-001 Date:2/11/2024 Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost PLYMOUTH SAP 155-161-006 STORM SEWER SAP 155-161-006 PUBLIC UTILITIESUNITNOTESDESCRIPTIONITEM NUMBER LANDSCAPING NON-PARTICIPATING OPINION OF PROBABLE COST STATEMENT OF ESTIMATED QUANTITIES PROJECT TOTAL PARTICIPATING - STATE AID UNIT PRICE 2574.508 FERTILIZER TYPE 4 POUND $1.00 36 $36.00 36 $36.00 2575.505 SEEDING ACRE $350.00 7.2 $2,520.00 7.2 $2,520.00 2575.508 SEED MIXTURE 21-112 POUND $2.00 590 $1,180.00 590 $1,180.00 2575.508 SEED MIXTURE 25-131 POUND $4.00 1271 $5,084.00 1271 $5,084.00 2575.508 SEED MIXTURE 35-241 POUND $12.25 21 $257.25 21 $257.25 2575.508 HYDRAULIC REINFORCED FIBER MATRIX POUND $6.00 37457 $224,742.00 37457 $224,742.00 2575.523 WATER M GALLON $70.00 200 $14,000.00 200 $14,000.00 2582.503 4" SOLID LINE MULTI COMP (11)LIN FT $1.50 5222 $7,833.00 5222 $7,833.00 2582.503 24" SOLID LINE MULTI COMP (11)LIN FT $16.00 89 $1,424.00 89 $1,424.00 2582.503 4" BROKEN LINE MULTI COMP (11)LIN FT $2.00 90 $180.00 90 $180.00 2582.503 8" DOTTED LINE MULTI COMP (11)LIN FT $2.00 60 $120.00 60 $120.00 2582.503 12" DOTTED LINE MULTI COMP (11)LIN FT $4.00 250 $1,000.00 250 $1,000.00 2582.503 4" DBLE SOLID LINE MULTI COMP (11)LIN FT $2.00 1532 $3,064.00 1532 $3,064.00 2582.518 PAVT MSSG MULTI COMP SQ FT $12.50 249 $3,112.50 249 $3,112.50 2582.518 CROSSWALK PREF THERMO GR IN ESR SQ FT $14.50 3540 $51,330.00 3540 $51,330.00 BMP #9 LUMP SUM $918,300.00 1 $918,300.00 BMP #14 LUMP SUM $444,400.00 1 $444,400.00 $10,896,339.85 6,032,455.35$ 1,564,825.50$ 682,290.00$ 1,254,069.00$ 476,681.99$ 301,622.77$ 78,241.28$ 34,114.50$ 62,703.45$ 11,373,021.84$ 6,334,078.12$ 1,643,066.78$ 716,404.50$ 1,316,772.45$ ROADWAY CONSTRUCTION TOTAL 5% CONTINGENCY TOTAL Page 5 O:\Projects\Current Projects\2020-2029\24-ST240003 Plymouth Blvd Improvements\Design\Cost Estimate\SAP155-161-006_EngineerEstimate - 2024-2-9 237 Appendix F: Preliminary Assessment Roll & Maps 238 Preliminary Assessment Roll Plymouth Boulevard Rehabilitation Project City Project No. ST240003 PARCEL NO.PID PROPERTY ADDRESS PROPERTY CITY, STATE, ZIP PROPERTY OWNER 1 PROPERTY OWNER 2 TAXPAYER ADDRESS TAXPAYER CITY, STATE, ZIP 1 16-118-22-31-0072 3850 PLYMOUTH BLVD 101 PLYMOUTH MN 55446 NORITA M KATH 1176 TRENTON CIR N PLYMOUTH MN 55441 2 16-118-22-31-0073 3850 PLYMOUTH BLVD 102 PLYMOUTH MN 55446 AMIT PARNERKAR 5355 GARLAND LA N PLYMOUTH MN 55446 3 16-118-22-31-0074 3850 PLYMOUTH BLVD 103 PLYMOUTH MN 55446 VICENTE MANUEL BARREIRO JEANNETTE BARREIRO 8588 PREVIEW LA MAPLE GROVE MN 55369 4 16-118-22-31-0075 3850 PLYMOUTH BLVD 104 PLYMOUTH MN 55446 LINDA S NIEDERT 3850 PLYMOUTH BLVD #104 PLYMOUTH MN 55446 5 16-118-22-31-0076 3850 PLYMOUTH BLVD 105 PLYMOUTH MN 55446 WILLIAM & JILL KIRSCHNER 3850 PLYMOUTH BLVD #105 PLYMOUTH MN 55446 6 16-118-22-31-0078 3850 PLYMOUTH BLVD 107 PLYMOUTH MN 55446 STEPHEN LAWSON 3850 PLYMOUTH BLVD #107 PLYMOUTH MN 55446 7 16-118-22-31-0079 3850 PLYMOUTH BLVD 108 PLYMOUTH MN 55446 BARRY I GOLDSTEIN 17100 25TH AVE N PLYMOUTH MN 55447 8 16-118-22-31-0080 3850 PLYMOUTH BLVD 109 PLYMOUTH MN 55446 GRACE NIEMAN 3850 PLYMOUTH BLVD #109 PLYMOUTH MN 55446 9 16-118-22-31-0081 3850 PLYMOUTH BLVD 110 PLYMOUTH MN 55446 JUNE DORIS JOHNSON 3850 PLYMOUTH BLVD #110 PLYMOUTH MN 55446 10 16-118-22-31-0082 3850 PLYMOUTH BLVD 111 PLYMOUTH MN 55446 JERI M HESSE 3850 PLYMOUTH BLVD #111 PLYMOUTH MN 55446 11 16-118-22-31-0083 3850 PLYMOUTH BLVD 112 PLYMOUTH MN 55446 DINESH V S REDDY 3850 PLYMOUTH BLVD #112 PLYMOUTH MN 55446 12 16-118-22-31-0084 3850 PLYMOUTH BLVD 113 PLYMOUTH MN 55446 CREEK PLACE CONDOMINIUMS C/O SHARPER MANAGEMENT 10340 VIKING DR #105 EDEN PRAIRIE MN 55344 13 16-118-22-31-0085 3850 PLYMOUTH BLVD 114 PLYMOUTH MN 55446 JEAN BRONAUGH 3850 PLYMOUTH BLVD #114 PLYMOUTH MN 55446 14 16-118-22-31-0086 3850 PLYMOUTH BLVD 115 PLYMOUTH MN 55446 MARY LOU MONIGHAN 3850 PLYMOUTH BLVD #115 PLYMOUTH MN 55446 15 16-118-22-31-0087 3850 PLYMOUTH BLVD 116 PLYMOUTH MN 55446 ANNA J HANSON 3850 PLYMOUTH BLVD #116 PLYMOUTH MN 55446 16 16-118-22-31-0088 3850 PLYMOUTH BLVD 117 PLYMOUTH MN 55446 WRIGHT FAMILY TRUST 1983 PO BOX 842 TESUQUE NM 87574-0842 17 16-118-22-31-0089 3850 PLYMOUTH BLVD 118 PLYMOUTH MN 55446 JOSEPH COMSTOCK 3850 PLYMOUTH BLVD #118 PLYMOUTH MN 55446 18 16-118-22-31-0090 3850 PLYMOUTH BLVD 119 PLYMOUTH MN 55446 PAUL K BERENS 3850 PLYMOUTH BLVD #119 PLYMOUTH MN 55446 19 16-118-22-31-0091 3850 PLYMOUTH BLVD 120 PLYMOUTH MN 55446 THOMAS WETTSTAEDT 3850 PLYMOUTH BLVD #120 PLYMOUTH MN 55446 20 16-118-22-31-0092 3850 PLYMOUTH BLVD 121 PLYMOUTH MN 55446 HOME LIQUIDATIONS LLC PO BOX 46092 PLYMOUTH MN 55446 21 16-118-22-31-0093 3850 PLYMOUTH BLVD 122 PLYMOUTH MN 55446 SMAJIL BOBARIC 3850 PLYMOUTH BLVD #122 PLYMOUTH MN 55446 22 16-118-22-31-0094 3850 PLYMOUTH BLVD 123 PLYMOUTH MN 55446 KEVIN W ROUSE 15416 SUSSEX DR MINNETONKA MN 55345 23 16-118-22-31-0095 3850 PLYMOUTH BLVD 124 PLYMOUTH MN 55446 BECKY ZEILINGER 3850 PLYMOUTH BLVD #124 PLYMOUTH MN 55446 24 16-118-22-31-0096 3850 PLYMOUTH BLVD 201 PLYMOUTH MN 55446 R A FINDORFF & B E FINDORFF 3850 PLYMOUNTH BLVD #201 PLAYMOUTH MN 55446 25 16-118-22-31-0097 3850 PLYMOUTH BLVD 202 PLYMOUTH MN 55446 MUZAFFER HUSSAIN MARIA BATOOL 3850 PLYMOUTH BLVD #202 PLYMOUTH MN 55446 26 16-118-22-31-0098 3850 PLYMOUTH BLVD 203 PLYMOUTH MN 55446 SCOTT ESTERBY 3850 PLYMOUTH BLVD #203 PLYMOUTH MN 55446 27 16-118-22-31-0099 3850 PLYMOUTH BLVD 204 PLYMOUTH MN 55446 SURBHI NAGPAL VINEET ARORA 10419 SPYGLASS DR EDEN PRAIRIE MN 55347 28 16-118-22-31-0100 3850 PLYMOUTH BLVD 205 PLYMOUTH MN 55446 KATHLENE M HERRMANN 3850 PLYMOUTH BLVD #205 PLYMOUTH MN 55446 29 16-118-22-31-0101 3850 PLYMOUTH BLVD 206 PLYMOUTH MN 55446 BROOKE WICKENHAUSER 3850 PLYMOUTH BLVD #206 PLYMOUTH MN 55446 30 16-118-22-31-0102 3850 PLYMOUTH BLVD 207 PLYMOUTH MN 55446 ANTHONY V PAVIK 3850 PLYMOUTH BLVD #207 PLYMOUTH MN 55446 31 16-118-22-31-0103 3850 PLYMOUTH BLVD 208 PLYMOUTH MN 55446 LYDIA A CONN 3850 PLYMOUTH BLVD #208 PLYMOUTH MN 55446 32 16-118-22-31-0104 3850 PLYMOUTH BLVD 209 PLYMOUTH MN 55446 BERNARD J ROEHL 3850 PLYMOUTH BLVD #209 PLYMOUTH MN 55446 33 16-118-22-31-0105 3850 PLYMOUTH BLVD 210 PLYMOUTH MN 55446 DONNA M WATZ 2910 GARLAND LA N PLYMOUTH MN 55447 34 16-118-22-31-0106 3850 PLYMOUTH BLVD 211 PLYMOUTH MN 55446 DAVID L BLACKER 3850 PLYMOUTH BLVD #211 PLYMOUTH MN 55446 35 16-118-22-31-0107 3850 PLYMOUTH BLVD 212 PLYMOUTH MN 55446 MITCHELL SHERMAN 3850 PLYMOUTH BLVD #212 PLYMOUTH MN 55446 36 16-118-22-31-0108 3850 PLYMOUTH BLVD 213 PLYMOUTH MN 55446 BRYAN JOHNSON 3850 PLYMOUTH BLVD #213 PLYMOUTH MN 55446 37 16-118-22-31-0109 3850 PLYMOUTH BLVD 214 PLYMOUTH MN 55446 ELIZABETH WEINBERGER 7579 TEAL RD WOODBURY MN 55125-1482 38 16-118-22-31-0110 3850 PLYMOUTH BLVD 215 PLYMOUTH MN 55446 TAO JIN & YAN LIU 17887 62ND AVE N MAPLE GROVE MN 55311 39 16-118-22-31-0111 3850 PLYMOUTH BLVD 216 PLYMOUTH MN 55446 MARYLLYN MCKEVITT 3850 PLYMOUTH BLVD #216 PLYMOUTH MN 55446 40 16-118-22-31-0112 3850 PLYMOUTH BLVD 217 PLYMOUTH MN 55446 CHRISTOPHER M HETHERINGTON 3850 PLYMOUTH BLVD #217 PLYMOUTH MN 55446 Page 1 of 3 239 Preliminary Assessment Roll Plymouth Boulevard Rehabilitation Project City Project No. ST240003 PARCEL NO.PID PROPERTY ADDRESS PROPERTY CITY, STATE, ZIP PROPERTY OWNER 1 PROPERTY OWNER 2 TAXPAYER ADDRESS TAXPAYER CITY, STATE, ZIP 41 16-118-22-31-0113 3850 PLYMOUTH BLVD 218 PLYMOUTH MN 55446 MICHELLE CHRISTOPHERSON 3850 PLYMOUTH BLVD #218 PLYMOUTH MN 55446 42 16-118-22-31-0114 3850 PLYMOUTH BLVD 219 PLYMOUTH MN 55446 SHARON J CONZET 3850 PLYMOUTH BLVD #219 PLYMOUTH MN 55446 43 16-118-22-31-0115 3850 PLYMOUTH BLVD 220 PLYMOUTH MN 55446 DAVID K THOELE 3850 PLYMOUTH BLVD #220 PLYMOUTH MN 55446 44 16-118-22-31-0116 3850 PLYMOUTH BLVD 221 PLYMOUTH MN 55446 DEBRA & MARK BASCO 17135 9TH AVE N PLYMOUTH MN 55447 45 16-118-22-31-0117 3850 PLYMOUTH BLVD 222 PLYMOUTH MN 55446 JACQUELINE K OTTO 3850 PLYMOUTH BLVD #222 PLYMOUTH MN 55446 46 16-118-22-31-0118 3850 PLYMOUTH BLVD 223 PLYMOUTH MN 55446 RYAN STELLMAKER 3850 PLYMOUTH BLVD #223 PLYMOUTH MN 55446 47 16-118-22-31-0119 3850 PLYMOUTH BLVD 224 PLYMOUTH MN 55446 RONALD R TESLOW 3850 PLYMOUTH BLVD #224 PLYMOUTH MN 55446 48 16-118-22-31-0120 3850 PLYMOUTH BLVD 301 PLYMOUTH MN 55446 ASHLEY SCHERBER 3850 PLYMOUTH BLVD #301 PLYMOUTH MN 55446 49 16-118-22-31-0121 3850 PLYMOUTH BLVD 302 PLYMOUTH MN 55446 KELLY J OXENFORD 3850 PLYMOUTH BLVD #302 PLYMOUTH MN 55446 50 16-118-22-31-0122 3850 PLYMOUTH BLVD 303 PLYMOUTH MN 55446 SOFIA STARINETS 2032 LOUISIANA AVE S ST LOUIS PARK MN 55426 51 16-118-22-31-0123 3850 PLYMOUTH BLVD 304 PLYMOUTH MN 55446 SIYI ZHANG 5585 SHENANDOAH LA N PLYMOUTH MN 55446 52 16-118-22-31-0124 3850 PLYMOUTH BLVD 305 PLYMOUTH MN 55446 MARY J BALZER 3850 PLYMOUTH BLVD #305 PLYMOUTH MN 55446 53 16-118-22-31-0125 3850 PLYMOUTH BLVD 306 PLYMOUTH MN 55446 CYNTHIA J ERICKSON 3850 PLYMOUTH BLVD #306 PLYMOUTH MN 55446 54 16-118-22-31-0126 3850 PLYMOUTH BLVD 307 PLYMOUTH MN 55446 MOLLY E KREIBICH 16694 MEADOWBROOK LA WAYZATA MN 55391 55 16-118-22-31-0127 3850 PLYMOUTH BLVD 308 PLYMOUTH MN 55446 TERESA J BISS 3850 PLYMOUTH BLVD #308 PLYMOUTH MN 55446 56 16-118-22-31-0128 3850 PLYMOUTH BLVD 309 PLYMOUTH MN 55446 VIRGIL JENSEN SHIRLEY JENSEN 3850 PLYMOUTH BLVD #309 PLYMOUTH MN 55446 57 16-118-22-31-0129 3850 PLYMOUTH BLVD 310 PLYMOUTH MN 55446 DEEPAK & KIRAN ASRANI KANCHAN ASRANI 5825 JUNEAU LA N PLYMOUTH MN 55446 58 16-118-22-31-0130 3850 PLYMOUTH BLVD 311 PLYMOUTH MN 55446 BARBARA C GRIMM 3850 PLYMOUTH BLVD #311 PLYMOUTH MN 55446 59 16-118-22-31-0131 3850 PLYMOUTH BLVD 312 PLYMOUTH MN 55446 JANNETTA A SPAHN 3850 PLYMOUTH BLVD #312 PLYMOUTH MN 55446 60 16-118-22-31-0132 3850 PLYMOUTH BLVD 313 PLYMOUTH MN 55446 BARBARA A KUMMET 3850 PLYMOUTH BLVD #313 PLYMOUTH MN 55446 61 16-118-22-31-0133 3850 PLYMOUTH BLVD 314 PLYMOUTH MN 55446 WANDA L JOHNSON 3850 PLYMOUTH BLVD APT 314 PLYMOUTH MN 55446 62 16-118-22-31-0134 3850 PLYMOUTH BLVD 315 PLYMOUTH MN 55446 DALE OLIPHANT 3850 PLYMOUTH BLVD #315 PLYMOUTH MN 55446 63 16-118-22-31-0135 3850 PLYMOUTH BLVD 316 PLYMOUTH MN 55446 KATHLEEN W QUINN 3850 PLYMOUTH BLVD #316 PLYMOUTH MN 55446 64 16-118-22-31-0136 3850 PLYMOUTH BLVD 317 PLYMOUTH MN 55446 JYOTI V KURUPPANPARAMPIL JOSEPH VARGHESE 19391 BRIDLE PATH CORCORAN MN 55340 65 16-118-22-31-0137 3850 PLYMOUTH BLVD 318 PLYMOUTH MN 55446 DONALD CAMPBELL ELLEN CAMPBELL 3850 PLYMOUTH BLVD #318 PLYMOUTH MN 55446 66 16-118-22-31-0138 3850 PLYMOUTH BLVD 319 PLYMOUTH MN 55446 THERESA M GFROERER 3850 PLYMOUTH BLVD #319 PLYMOUTH MN 55446 67 16-118-22-31-0139 3850 PLYMOUTH BLVD 320 PLYMOUTH MN 55446 JERY HAYWARD 3850 PLYMOUTH BLVD #320 PLYMOUTH MN 55446 68 16-118-22-31-0140 3850 PLYMOUTH BLVD 321 PLYMOUTH MN 55446 LEROY D GALL 3850 PLYMOUTH BLVD #321 PLYMOUTH MN 55446 69 16-118-22-31-0141 3850 PLYMOUTH BLVD 322 PLYMOUTH MN 55446 PRISCILLA MAYER 3850 PLYMOUTH BLVD #322 PLYMOUTH MN 55446 70 16-118-22-31-0142 3850 PLYMOUTH BLVD 323 PLYMOUTH MN 55446 SWATI KUMAR & NAVANEET KUMAR 3850 PLYMOUTH BLVD #323 PLYMOUTH MN 55446 71 16-118-22-31-0143 3850 PLYMOUTH BLVD 324 PLYMOUTH MN 55446 JOHN T KORDASH 3850 PLYMOUTH BLVD #324 PLYMOUTH MN 55446 72 16-118-22-31-0208 3850 PLYMOUTH BLVD 221 PLYMOUTH MN 55446 DEBRA & MARK BASCO 3014 CYPRESS CIR N MEDINA MN 55340 73 16-118-22-31-0314 3850 PLYMOUTH BLVD 106 PLYMOUTH MN 55446 JENNIFER STRUBLE 3850 PLYMOUTH BLVD #106 PLYMOUTH MN 55446 74 16-118-22-32-0006 3855 PLYMOUTH BLVD PLYMOUTH MN 55446 TAY-LAN PROPERTIES LLC 605 PINEVIEW LA N PLYMOUTH MN 55441-5735 75 16-118-22-32-0023 3900 PLYMOUTH BLVD PLYMOUTH MN 55446 SUMMER CREEK C/O AT HOME APTS 04-16-5610 1289 GRAND AVE ST PAUL MN 55105 76 16-118-22-32-0025 15755 ROCKFORD RD PLYMOUTH MN 55446 ASSET ACCUMULATION CORP 2909 BRYANT AVE S #300 MINNEAPOLIS MN 55408 77 16-118-22-34-0014 PLYMOUTH MN 00000 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 78 16-118-22-34-0015 3650 PLYMOUTH BLVD PLYMOUTH MN 55446 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 79 16-118-22-34-0017 3600 PLYMOUTH BLVD PLYMOUTH MN 55446 LIFETIME FITNESS INC ATTN STEVE KERZMAN 2902 COPORATE PL CHANHASSEN MN 55317 80 21-118-22-21-0003 3300 PLYMOUTH BLVD PLYMOUTH MN 55447 NORTHWEST ISLAMIC COMM CTR 3300 PLYMOUTH BLVD PLYMOUTH MN 55447 Page 2 of 3 240 Preliminary Assessment Roll Plymouth Boulevard Rehabilitation Project City Project No. ST240003 PARCEL NO.PID PROPERTY ADDRESS PROPERTY CITY, STATE, ZIP PROPERTY OWNER 1 PROPERTY OWNER 2 TAXPAYER ADDRESS TAXPAYER CITY, STATE, ZIP 81 21-118-22-21-0007 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 82 21-118-22-21-0011 3500 PLYMOUTH BLVD PLYMOUTH MN 55447 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 83 21-118-22-24-0005 3305 PLYMOUTH BLVD PLYMOUTH MN 55447 US BANK NATL ORGANIZATION C/O RYAN PTS DEPT 908 PO BOX 460169 HOUSTON TX 77056 84 21-118-22-24-0011 3355 PLYMOUTH BLVD PLYMOUTH MN 55447 PLYMOUTH HILLS SHOPPES LLC 6900 WINNETKA CIR N BROOKLYN PARK MN 55428 Page 3 of 3 241 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. Ü0 680 Feet Plymouth Boulevard Rehabilitation Project City Project No. ST240003 Assessment Map XX - Parcel Number - Assessed Parcel - Street Improvements 83 80 84 81 78 79 77 82 1 - 73 75 74 76 37TH AVE 36TH AVE 35TH AVE 34TH A V E 34TH AVE HIG H W A Y 5 5 VI C K S B U R G L N 32ND A V E ROCK F O R D R D PL Y M O U T H B L V D 242 CITY OF PLYMOUTH RESOLUTION NO. 2024-081 RESOLUTION ORDERING PRELIMINARY ENGINEERING REPORT FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240003) Whereas, the amended 2023 Capital Improvement Plan made recommendations for the Plymouth Boulevard Rehabilitation Project; and WHEREAS, it is necessary to undertake a Preliminary Engineering Report to determine the work required on each street recommended to be considered for the Plymouth Boulevard Rehabilitation Project (ST240003); and WHEREAS, Plymouth Boulevard from Trunk Highway 55 to Rockford Road is the recommended project area. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City Engineer is instructed to prepare a Preliminary Engineering Report with all convenient speed by advising the Council, in a preliminary way, as to whether the proposed improvements are feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvements as recommended. APPROVED by the City Council on this 20th day of February 2024. 243 CITY OF PLYMOUTH RESOLUTION NO. 2024-082 RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS,AND CALLING FOR A PUBLIC HEARING FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240003) WHEREAS, pursuant to a resolution of the City Council adopted February 20, 2024, a report has been prepared with reference to the recommended project area including Plymouth Boulevard from Trunk Highway 55 to Rockford Road; and WHEREAS, the proposed improvement include pavement reclamation, intersection improvements, trail and sidewalk improvements, utility repair and improvements, stormwater improvements, and all necessary appurtenances; and WHEREAS, said report is being received by the Council on February 20, 2024; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting and adjacent property within the designated Plymouth Boulevard Rehabilitation Project, City Project No. ST240003, for all or a portion of the cost of the improvement pursuant to Minnesota Statutes 429.011 to 429.111 (Laws 1953, Chapter 398, as amended) at an estimated total cost of the improvement of $13,100,000. 2. A public hearing shall be held on such proposed improvement on the 23rd day of April, 2024, in the Council Chambers of the Plymouth City Center at 3400 Plymouth Boulevard at 7:00 p.m., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. WSB & Associates has previously been designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. APPROVED by the City Council on this 20th day of February, 2024. 244 CITY OF PLYMOUTH RESOLUTION NO. 2024-083 RESOLUTION APPROVING PLANS AND SPECIFICATIONS,AND ORDERING ADVERTISEMENT FOR BIDS FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240003) WHEREAS, pursuant to a resolution of the City Council adopted February 20, 2024, the City Engineer has prepared plans and specifications for improvement No. ST240003, the improvement of the Plymouth Boulevard Rehabilitation Project including Plymouth Boulevard from Trunk Highway 55 to Rockford Road. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and on Quest CDN an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, shall specify the work to be done, shall state that bids will be received online by QuestCDN until 10:30 a.m. on March 21, 2024 at which time they will be publicly displayed in the City Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Engineer and City Clerk, will then be tabulated, and will be considered by the council at 7:00 p.m. on April 23, 2024, in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless submitted online via the QuestCDN bidding site and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. APPROVED by the City Council on this 20th day of February, 2024. 245 CITY OF PLYMOUTH RESOLUTION NO. 2024-084 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240003) WHEREAS, estimated costs have been calculated for the Plymouth Boulevard Rehabilitation Project, City Project No. ST240003 including Plymouth Boulevard from Trunk Highway 55 to Rockford Road, and the estimated cost for such improvement is $11,380,000, and the expenses incurred or to be incurred in the making of such improvement amount to $1,720,000 so that the total cost of the improvement will be $13,100,000. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City of Plymouth is declared to be $12,430,000 and the portion of the cost to be assessed against benefited property owners is declared to be $670,000. 2. Assessments shall be payable in equal annual installments extending over a period of either 5 years, 10 years, or 15 years with the first of the installments to be payable on or before the first Monday in January, 2025, and shall bear the interest rate of 3.97% percent for a 5 year term, 4.00% for a 10 year term, or 4.53% for a 15 year term per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by the law, and shall file a copy of such proposed assessment in the office for public inspection. 4. The City Clerk shall upon completion of such proposed assessment notify the City Council thereof. APPROVED by the City Council on this 20th day of February, 2024. 246 CITY OF PLYMOUTH RESOLUTION NO. 2024-085 RESOLUTION CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST249002) WHEREAS, by a resolution passed by the City Council on February 20, 2024, the City Clerk was directed to prepare a proposed assessment of the cost for the improvements to the recommended project area including Plymouth Boulevard from Trunk Highway 55 to Rockford Road by pavement reclamation, intersection improvements, trail and sidewalk improvements, utility repair and improvements, stormwater improvements, and all necessary appurtenances; and WHEREAS, the City Clerk has notified the City Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A hearing shall be held on the 23rd day of April, 2024, in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. APPROVED by the City Council on this 20th day of February, 2024. 247 Regular City Council February 20, 2024 Agenda Number:9.1 To:Dave Callister, City Manager Prepared by:Ali Timpone, Human Resources Director Reviewed by:Maria Solano, Deputy City Manager Item:Summary of City Manager Dave Callister's Performance Evaluation 1.Action Requested: Mayor Wosje will summarize City Manager Dave Callister's performance evaluation. 2.Background: The city council conducted the city manager's performance evaluation on February 6, 2024 in a closed meeting. In accordance with MN Statute 13D.05, Subdivision 3(a), the council must summarize the evaluation conclusions at their next open meeting. 3.Budget Impact: N/A 4.Attachments: 248