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City Council - 06/17/2014
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 17, 2014 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop - Heritage Room II I. COMMUNITY CENTER SOLAR PANEL PROJECT (5:30 – 5:40 P.M.) II. 2015-2024 CAPITAL IMPROVEMENTS PLAN (5:40 – 6:30 P.M.) Open Podium - Council Chamber III. OPEN PODIUM A. STEPHEN SVENDSEN – POLICE POLICIES IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 17, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Julie Klima, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. MARCHING ARTS DAY PROCLAMATION B. DONATIONS 1. GPS EQUIPMENT FOR THE OUTDOOR CENTER FROM THE LIONS CLUB (Resolution) 2. PERFORMERS AT JAZZ/RIBFEST FROM THE NOON ROTARY CLUB (Resolution) 3. ARTS IN THE PARK FROM A-Z RENTAL (Resolution) 4. 2014 SPECIAL EVENTS FROM KINDERBERRY HILL (Resolution) 5. 2014 SPECIAL EVENTS FROM LIONS TAP (Resolution) 6. 2014 SPECIAL EVENTS FROM NEW HORIZONS ACADEMY (Resolution) C. PRESENTATION ON SCHOOL DISTRICT REFERENDUM V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL GOAL SETTING WORKSHOP, APRIL 8, 2014 B. COUNCIL WORKSHOP HELD TUESDAY, MAY 20, 2014 C. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 2014 CITY COUNCIL AGENDA June 17, 2014 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. HIGH POINT AT RILEY CREEK by D.R. Horton. Second Reading of Ordinance for Zoning District Change from Rural to R1-13.5 on 5.0 acres and Preliminary Plat on 5.0 acres into 12 lots. Location: 9765 Sky Lane. (Ordinance for Zoning District Change) C. APPROVE CONTRACT WITH NATIONAL RESEARCH CENTER TO CONDUCT COMMUNITY SURVEY D. AWARD CONTRACT FOR RECONSTRUCTION OF MILLER PARK SOCCER FIELD #9 TO MINNESOTA DIRTWORKS, INC. E. REJECT BIDS FOR RECONSTRUCTION OF FRANLO PARK TENNIS/BASKETBALL COURT AREA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION MATERIALS TESTING AND INSPECTIONS FOR THE AQUATICS EXPANSION PROJECT G. AWARD BIDS AND ASSIGN CONTRACTS TO RJM CONSTRUCTION FOR THE AQUATICS EXPANSION PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RES SPECIALTY PYROTECHNICS FOR THE FOURTH OF JULY FIREWORKS DISPLAY I. APPROVE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR USE OF COMMUNITY GARDENS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER PARK SOCCER FIELD #9 K. APPROVE AGREEMENT WITH ARVIG ENTERPRISES FOR PHASE 4 CONSTRUCTION OF THE FIBER OPTIC NETWORK TO THE EDEN PRAIRIE CENTER POLICE SUBSTATION AND THE ART CENTER L. ADOPT RESOLUTION APPROVING PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN ONE AFFORDABLE EDEN PRAIRIE SINGLE-FAMILY PROPERTY M. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2014 PRIMARY ELECTION AND GENERAL ELECTION CITY COUNCIL AGENDA June 17, 2014 Page 3 N. ADOPT RESOLUTION DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS (EDEN PRAIRIE ROAD PROJECT) O. APPROVE VALLEY VIEW ROAD (COUNTY ROAD 39) & PIONEER TRAIL (COUNTY ROAD 1) FLASHING YELLOW ARROW CONVERSION PROJECT P. ADOPT RESOLUTION APPROVING CONTRACT WITH C.S. MCCROSSAN FOR SOUTHERN SEGMENT OF SHADY OAK ROAD Q. AWARD CONTRACT TO RACHEL CONTRACTING INC. FOR RIVERVIEW ROAD CULVERT REPLACEMENT AT PURGATORY CREEK R. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION AND MATERIAL TESTING FOR EDEN PRAIRIE ROAD IMPROVEMENTS S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR PHASE V POND INVENTORY AND INSPECTION PROGRAM T. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM U. APPROVE AMENDED FIRE RELIEF ASSOCIATION BYLAWS V. ADOPT RESOLUTION AUTHORIZING THE ACQUISITION OF 11201 BURR RIDGE LANE, EDEN PRAIRIE, MINNESOTA BY NEGOTIATION OR CONDEMNATION IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. EDEN GARDENS by Homestead Partners. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres; Planned Unit Development Concept Review on 8.39 acres; Planned Unit Development District Review with waivers on 8.39 acres; Zoning District Change from Rural to R1-9.5 on 8.39 acres and Preliminary Plat on 8.39 acres into 36 lots and 7 outlots. Location: Southwest corner of Scenic Heights Road and Eden Prairie Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) B. SOUTHWEST LIGHT RAIL TRANSIT MUNICIPAL CONSENT (Resolution) CITY COUNCIL AGENDA June 17, 2014 Page 4 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for Payment of $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A (Aquatic Expansion Project) C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Discussion of Ordinance Relating to Number of Vehicles Parked on Private Property G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: June 13, 2014 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 17, 2014 ___________________________________________________________________________________________ TUESDAY, JUNE 17, 2014 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. MARCHING ARTS DAY PROCLAMATION A representative of the Minnesota Brass Drum and Bugle Corps will be on hand to accept the proclamation, which has been requested in conjunction with the July 11 DCI-Eden Prairie event to be held at Eden Prairie High School. B. DONATIONS 1. GPS EQUIPMENT FOR THE OUTDOOR CENTER FROM THE LIONS CLUB (Resolution) Synopsis: Parks and Recreation Director, Jay Lotthammer, will share information and representatives from the Eden Prairie Lions Club will present the donation to present the donation. Environmental education is the mission of the Outdoor Center. We currently offer several Geocaching programs per year, allowing adult residents and families with children of all ages to explore nature while participating in a fun activity of searching for geo-treasures using hand held GPS units. With this donation, we will be able to expand our current offerings as well as include this activity for families during our Nature Rocks programs, held on the first Saturday of each month. ANNOTATED AGENDA June 17, 2014 Page 2 MOTION: Move to adopt the resolution accepting the donation of $1,200 from the Eden Prairie Lions Club for purchase of hand-held GPS equipment for Outdoor Center programs. 2. PERFORMERS AT JAZZ/RIBFEST FROM THE NOON ROTARY CLUB (Resolution) Synopsis: Eden Prairie Noon Rotary has donated $500 to the Staring Lake Concert Series. This is the 8th year the Rotary has partnered with the City of Eden Prairie on the Minnesota Festival of Jazz and Ribfest, which is the kick-off of the Staring Lake Concert Series. Ribfest is the Rotary’s largest fundraiser which goes to support “My Book Day” and other Rotary Projects. MOTION: Move to adopt the resolution accepting the donation in the amount of $500 from Eden Prairie Noon Rotary to be used towards the 2014 Concert Series. 3. ARTS IN THE PARK FROM A-Z RENTAL (Resolution) Synopsis: A-Z Rental Center of Eden Prairie gave $250 to enhance to Arts in the Park program. These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. MOTION: Move to adopt the resolution accepting the donation in the amount of $250 from A-Z Rental Center of Eden Prairie to be used towards Arts in the Park. 4. 2014 SPECIAL EVENTS FROM KINDERBERRY HILL (Resolution) Synopsis: Kinderberry Hill Child Development Centers has donated $1,250 to go towards the following programs: • $250 - Movies in the Park • $250 - Splash Time during Corn Feed • $250 - Arts in the Park • $500 - Concert Series MOTION: Move to adopt the resolution accepting the donations in the amount of $1,250 from Kinderberry Hill to be used toward 2014 special events. ANNOTATED AGENDA June 17, 2014 Page 3 5. 2014 SPECIAL EVENTS FROM LIONS TAP (Resolution) Synopsis: Lions Tap gave $1,300 to be used to enhance the following: • $100 - Halloween on the Mall • $100 - Afternoon with the Bunny • $100 - Arts in the Park • $100 - Collection of One Acts • $100 - Concert Series • $100 - Art Crawl • $100 - 4th of July • $100 - Fall Harvest Event • $100 - Kidstock • $100 - Rock On Ice • $100 - Rockin’ at Round • $100 - Spooky Saturday • $100 - Winter Theatre MOTION: Move to adopt the resolution accepting the donations in the amount of $1,300 from Lions Tap to be used towards 2014 Special Events. 6. 2014 SPECIAL EVENTS FROM NEW HORIZONS ACADEMY (Resolution) Synopsis: New Horizon Academy has donated $750 to go towards the following programs: • $250 - Movies in the Park • $500 - Doctor Doolittle, Summer Musical MOTION: Move to adopt the resolution accepting the donation in the amount of $750 from New Horizon Academy to be used towards 2014 special events. H. PRESENTATION ON SCHOOL DISTRICT REFERENDUM A school board member will present information on the upcoming referendum. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: ANNOTATED AGENDA June 17, 2014 Page 4 A. COUNCIL GOAL SETTING WORKSHOP, APRIL 8, 2014 B. COUNCIL WORKSHOP HELD TUESDAY, MAY 20, 2014 C. CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 2014 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-U on the Consent Calendar. A. CLERK’S LICENSE LIST B. HIGH POINT AT RILEY CREEK by D.R. Horton. Second Reading of Ordinance for Zoning District Change from Rural to R1-13.5 on 5.0 acres and Preliminary Plat on 5.0 acres into 12 lots. Location: 9765 Sky Lane. (Ordinance for Zoning District Change) C. APPROVE CONTRACT WITH NATIONAL RESEARCH CENTER TO CONDUCT COMMUNITY SURVEY D. AWARD CONTRACT FOR RECONSTRUCTION OF MILLER PARK SOCCER FIELD #9 TO MINNESOTA DIRTWORKS, INC. E. REJECT BIDS FOR RECONSTRUCTION OF FRANLO PARK TENNIS/BASKETBALL COURT AREA F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION MATERIALS TESTING AND INSPECTIONS FOR THE AQUATICS EXPANSION PROJECT G. AWARD BIDS AND ASSIGN CONTRACTS TO RJM CONSTRUCTION FOR THE AQUATICS EXPANSION PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH RES SPECIALTY PYROTECHNICS FOR THE FOURTH OF JULY FIREWORKS DISPLAY I. APPROVE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR USE OF COMMUNITY GARDENS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER PARK SOCCER FIELD #9 K. APPROVE AGREEMENT WITH ARVIG ENTERPRISES FOR PHASE 4 CONSTRUCTION OF THE FIBER OPTIC NETWORK TO THE EDEN PRAIRIE CENTER POLICE SUBSTATION AND THE ART CENTER ANNOTATED AGENDA June 17, 2014 Page 5 L. ADOPT RESOLUTION APPROVING PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN ONE AFFORDABLE EDEN PRAIRIE SINGLE-FAMILY PROPERTY M. ADOPT RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2014 PRIMARY ELECTION AND GENERAL ELECTION N. ADOPT RESOLUTION DECLARING THE CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF SUBSEQUENTLY ISSUED SERIES OF BONDS (EDEN PRAIRIE ROAD PROJECT) O. APPROVE VALLEY VIEW ROAD (COUNTY ROAD 39) & PIONEER TRAIL (COUNTY ROAD 1) FLASHING YELLOW ARROW CONVERSION PROJECT P. ADOPT RESOLUTION APPROVING CONTRACT WITH C.S. MCCROSSAN FOR SOUTHERN SEGMENT OF SHADY OAK ROAD Q. AWARD CONTRACT TO RACHEL CONTRACTING INC. FOR RIVERVIEW ROAD CULVERT REPLACEMENT AT PURGATORY CREEK R. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR CONSTRUCTION AND MATERIAL TESTING FOR EDEN PRAIRIE ROAD IMPROVEMENTS S. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR PHASE V POND INVENTORY AND INSPECTION PROGRAM T. APPROVE ANNUAL REPORT FOR THE PHASE II NPDES STORM WATER PERMIT PROGRAM U. APPROVE AMENDED FIRE RELIEF ASSOCIATION BYLAWS V. ADOPT RESOLUTION AUTHORIZING THE ACQUISITION OF 11201 BURR RIDGE LANE, EDEN PRAIRIE, MINNESOTA BY NEGOTIATION OR CONDEMNATION IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. EDEN GARDENS by Homestead Partners. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres; Planned Unit Development Concept Review on 8.39 acres; Planned Unit Development District Review with waivers on 8.39 acres; Zoning District Change ANNOTATED AGENDA June 17, 2014 Page 6 from Rural to R1-9.5 on 8.39 acres and Preliminary Plat on 8.39 acres into 36 lots and 7 outlots. Location: Southwest corner of Scenic Heights Road and Eden Prairie Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Synopsis: At the May 20 meeting, the City Council conducted and closed the public hearing on this item but continued Council discussion and action to the June 17, 2014 meeting. As a result of testimony shared at the public hearing, the City will install a 3 way stop sign at the intersection of Thatcher Road and Stanley Trail. Additionally, staff has made minor modifications to the staff/Conservation Commission recommendation regarding solar features and pervious surface to more clearly document the City’s current requirements of the developer. These clarifications are noted in bold in the recommendation provided at the end of this report. The project proposes the construction of 36 single family residential lots. The project is a result of the City’s RFP for a development meeting the objectives of sustainability, energy-efficiency, and housing for moderate income households. Several neighborhood meetings with the residents, developer and city staff have occurred over the past months. These meetings have resulted in design revisions to the plan to help address the concerns identified by the existing residents. The main objectives for the development included in the RFP were mid-market pricing and sustainability. As a result, the project includes a variety of green elements. At a minimum, the 16 units in closest proximity to the existing neighborhood are recommended to be market rate units to address neighborhood concerns and the Council’s interest in avoiding any cash subsidy. The remaining 20 units will be available in the mid-market price range. The City HRA is likely to consider a purchase agreement and housing agreement on July 15, 2014. Such action will be required prior to the City Council consideration of the final plat. The proponent has requested waivers from the City Code as identified in the Planning Commission staff report. Granting of the waivers allows the development to occur in a fashion that meets the objectives of a green, sustainable, mid-market neighborhood. The 120-Day Review Period Expires on August 31, 2014. The Planning Commission voted 4-1 to recommend approval of the project at the April 28, 2014 meeting. The conditions of approval are as follows: Recommend approval of the following request: • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential • Zoning District Change from Rural to R1-9.5 on 8.39 acres • Planned Unit Development Concept Review on 8.39 acres • Planned Unit Development District Review with waivers on 8.39 acres • Preliminary Plat of 8.39 acres into 36 lots, 7 outlots, and road right of way ANNOTATED AGENDA June 17, 2014 Page 7 This is based on plans stamp dated April 16, 2014, the Staff Report dated April 25, 2014 and the following conditions: 1. Prior to City Council, the proponent shall: A. Provide a copy of the noise analysis and incorporate any recommendations required to meet City and MPCA noise standards into the proposed plans. B. Provide revised plans and/or documents to include the following: 1. Solar Features a. Install solar panels on the model home to show potential homebuyers the value of using solar power; b. Install solar panels on the park shelter which can be used to power the bollards or other features in the common area. Excess electricity can be sold back to Xcel Energy and the proceeds from the sale can be used to offset Home Owners Association (HOA) costs. 2. Pervious Surface a. Increase the amount of pervious surfaces. Install pervious surface sidewalks from the driveway to the front door of the model home and provide this as an option on all other units. 3. Low-mow grasses a. Install low-mow grasses in all the individual lots to avoid unnecessary maintenance costs to the HOA. 4. Vegetation a. All vegetation planted to be in accordance with the City's native plant ordinance and no plantings that contain neonicotanoids. 2. Prior to release of the final plat, the proponent shall: A. Provide title to the property. In the event that title to the property is not provided, it shall be a basis for denial of the application. B. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. C. Sign special assessment agreement for City trunk sewer and water assessment fees. D. Enter into an agreement with the City regarding the ownership and maintenance of sidewalks located within the right-of-way. This document shall be recorded with the final plat. E. Enter into agreement(s) with the City regarding on-street parking maintenance and infiltration area maintenance. This document(s) shall be recorded with the final plat. F. Provide copies of the Homeowners Association Documents that shall include the following: a. In the event that the landscaping located within the easement along Eden Prairie Road is removed as part of a County or City improvement project, the landscaping will not be replaced nor will compensation to the HOA or residents occur for the removed landscaping. ANNOTATED AGENDA June 17, 2014 Page 8 b. Should any future noise mitigation be requested or required, beyond what is installed in response to the 2014 noise analysis, it shall be the responsibility of the HOA. c. The HOA documents shall be in a form approved by the City prior to recording. 3. Prior to land alteration permit issuance, the proponent shall: A. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Recorded copies of the HOA documents shall be provided to the City following recording of the final plat. 5. The following waivers are granted through the PUD for the project as indicated in the approved plans: 1. Minimum lot size of 9,500 sq. ft. for all lots. Requested lot sizes are provided on Exhibit A. 2. Maximum gross density of 3.5 units per acre to 4.3 units/acre. 3. Minimum lot width of 70 feet for all lots. Requested lot widths are provided on Exhibit A. 4. Minimum lot width at right-of-way of 70 feet for all lots. Requested minimum lot widths at right-of-way are provided on Exhibit A. 5. Lot frontage on public right of way for 18 lots. a. Lots 1 -5, Block 3 b. Lots 1- 10, Block 4 c. Lots 7 – 9, Block 5 6. Front setback of 30 feet for all lots. Requested front yard setbacks are provided on Exhibit A. 7. Side yard setbacks of 15 feet total; with minimum 5 feet on garage side for all lots. Requested side yard setbacks are provided on Exhibit A. 8. Maximum garage coverage of 7.5% on the lot for 23 lots. Requested garage coverages are provided on Exhibit A. a. Lots 1-5, Block 2; b. Lots 1-5, Block 3; c. Lots 1-10, Block 4; d. Lots 12-14, Block 5 ANNOTATED AGENDA June 17, 2014 Page 9 MOTION: Move to: • Adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres; and • Adopt the Resolution for Planned Unit Development Concept Review on 8.39 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 8.39 acres; and • Adopt the Resolution for Preliminary Plat on 8.39 acres into 36 lots, 7 outlots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. SOUTHWEST LIGHT RAIL TRANSIT MUNICIPAL CONSENT (Resolution) Synopsis: The Metropolitan Council has established an alignment in the form of municipal consent plans for the Southwest Light Rail Transit which will operate from downtown Minneapolis through the communities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie. The proposed alignment includes 16 new stations and approximately 16 miles of double track. It will be part of an integrated system of transitways, including connections to the Green Line in St. Paul, the METRO Blue Line, the Northstar Commuter Rail line, bus routes and proposed future transitways. The total project cost of $1.7 billion will be funded through a mix of federal, state and local sources, with federal funds making up approximately half the total. The City of Eden Prairie is required under Minn. Stat. 473.3994 to host a public hearing concerning the physical design components of the Southwest Light Rail Transit plans. That hearing was held at the May 20, 2014 City Council Meeting. If the city disapproves the plans it must describe specific amendments to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure to approve or disapprove the plans in writing prior to July 14, 2014 is deemed to be an approval unless an extension of time is agreed to by the city and the responsible authority. Electronic copies of the municipal consent plans can be found on the project’s website at SWLRT.ORG. MOTION: Move to adopt the Resolution approving the physical design component of the preliminary design plans for the Southwest Light Rail Project within the City of Eden Prairie. ANNOTATED AGENDA June 17, 2014 Page 10 XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS Synopsis: Applications for Students on Commissions positions were accepted from mid-April to the end of May. Seventeen applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. Seventeen students are being recommended for appointment. The fall term is from September through December, and the spring term is from January through April. An orientation session will be held during the late summer. MOTION: Move to: • Appoint to the Conservation Commission – Ashray Manepalli, Anthony Polyakov and Sophia Modeas for the Fall and Spring terms • Appoint to the Flying Cloud Airport Advisory Commission – Britta Carlsen and Brian Gilje for the Fall and Spring terms • Appoint to the Heritage Preservation Commission – Courtney Sweeney, Alexander Modeas and Zeinab Hussen for the Fall and Spring terms • Appoint to the Human Rights and Diversity Commission – Elizabeth Corpuz, Emily Higgins, Karena Lin and Tanvi Mehta for the Fall and Spring terms; and Shreya Venkatesh for the Fall term • Appoint to the Parks, Recreation, and Natural Resources Commission – Jacqueline Armstrong, Pratik Baandal, Jennifer Powell and Riley Tillitt for the Fall and Spring terms XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for Payment of $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A (Aquatic Expansion Project) Synopsis: The 2014A bonds will finance the Community Center Aquatics Center. ANNOTATED AGENDA June 17, 2014 Page 11 MOTION: Move to adopt resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Discussion of Ordinance Relating to Number of Vehicles Parked on Private Property G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. PROCLAMATION Proclaiming July 11, 2014, Marching Arts Day WHEREAS, educational studies indicate students who participate in music are likely to earn higher grades and score better on standardized tests; and WHEREAS, the College Board identifies the arts as one of the basic academic subject areas students should study in order to succeed in college; and WHEREAS, students with coursework and experience in music performance and music appreciation score higher on the ACT and SAT; and WHEREAS, increasing numbers of high schools and colleges give academic credit for participation in drum corps and marching band; and WHEREAS, the Eden Prairie Eagles Marching Band is made up of students from the Eden Prairie High School band program ranging from ninth to twelfth grade, who are all dedicated as a team to the high standards and goals of working toward unity, artistry and excellence; and WHEREAS, with the overwhelming support and commitment of parents, volunteers and Eden Prairie High School the 160 members of the Eden Prairie Eagles Marching Band form a team of nationally recognized musicians; and WHEREAS, participation in music is proven to improve personal growth and leadership skills; and WHEREAS, President Gerald Ford noted the future of our nation depends on providing our children with a complete education that includes music; and WHEREAS, Drum Corps International provides all of those opportunities and is dedicated to the growth of its participants’ artistic excellence and personal success. NOW, THEREFORE, the City Council of the City of Eden Prairie, Minnesota, hereby proclaims Friday, July 11, 2014, as Marching Arts Day ADOPTED BY the Eden Prairie City Council on this 17th day of June 2014. Nancy Tyra-Lukens, Mayor ITEM NO.: IV.A. CITY COUNCIL AGENDA SECTION: Presentations & Proclamations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Donation from the Eden Prairie Lions Club for the purchase of hand-held GPS equipment for the Outdoor Center programs ITEM NO.: IV.B.1 Requested Action Move to: Adopt the resolution accepting the donation of $1,200 from the Eden Prairie Lions Club for purchase of hand-held GPS equipment for Outdoor Center programs. Synopsis Parks and Recreation Director, Jay Lotthammer, will share information and representatives from the Eden Prairie Lions Club will present the donation to present the donation. Environmental education is the mission of the Outdoor Center. We currently offer several Geocaching programs per year, allowing adult residents and families with children of all ages to explore nature while participating in a fun activity of searching for geo-treasures using hand held GPS units. With this donation, we will be able to expand our current offerings as well as include this activity for families during our Nature Rocks programs, held on the first Saturday of each month. Background Information The City of Eden Prairie’s Outdoor Center offers a wide range of activities in the areas of environmental education and outdoor recreation for residents of all ages. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,200 to be used for the Program at the Outdoor Center from Eden Prairie Lions Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Eden Prairie Noon Rotary ITEM NO.: IV.B.2. Requested Action Move to: Adopt the resolution accepting the donation in the amount of $500 from Eden Prairie Noon Rotary to be used towards the 2014 Concert Series. Synopsis Eden Prairie Noon Rotary has donated $500 to the Staring Lake Concert Series. Background This is the 8th year the Rotary has partnered with the City of Eden Prairie on the Minnesota Festival of Jazz and Ribfest, which is the kick-off of the Staring Lake Concert Series. Ribfest is the Rotary’s largest fundraiser which goes to support “My Book Day” and other Rotary Projects. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used for Staring Lake Concert Series from Eden Prairie Noon Rotary is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from A-Z Rental Center of Eden Prairie ITEM NO.: IV.B.3 Requested Action Move to: Adopt the resolution accepting the donation in the amount of $250 from A-Z Rental Center of Eden Prairie to be used towards Arts in the Park. Synopsis A-Z Rental Center of Eden Prairie gave $250 to enhance to Arts in the Park program. Background These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 from A-Z Rental Center of Eden Prairie was used for the Arts in the Park program at Purgatory Creek Park on May 17, 2014, and is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Kinderberry Hill ITEM NO.: IV.B.4. Requested Action Move to: Adopt the resolution accepting the donations in the amount of $1,250 from Kinderberry Hill to be used toward 2014 special events. Synopsis Kinderberry Hill Child Development Centers has donated $1,250 to go towards the following programs: $250 Movies in the Park $250 Splash Time during Corn Feed $250 Arts in the Park $500 Concert Series Background These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,250 from Kinderberry Hill Child Development Centers to be used for various Parks and Recreation Special Events is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donations from Lions Tap ITEM NO.: IV.B.5. Requested Action Move to: Adopt the resolution accepting the donations in the amount of $1,300 from Lions Tap to be used towards 2014 Special Events. Synopsis Lions Tap gave $1,300 to be used to enhance the following programs: $100 Halloween on the Mall $100 Afternoon with the Bunny $100 Arts in the Park $100 Collection of One Acts $100 Concert Series $100 Art Crawl $100 4th of July $100 Fall Harvest Event $100 Kidstock $100 Rock On Ice $100 Rockin’ at Round $100 Spooky Saturday $100 Winter Theatre Background These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $1,300 to be used for various Parks and Recreation Special Events from Lions Tap is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION: Donations from New Horizon ITEM NO.: IV.B.6. Requested Action Move to: Adopt the resolution accepting the donation in the amount of $750 from New Horizon Academy to be used towards 2014 special events. Synopsis New Horizon Academy has donated $750 to go towards the following programs: $250 Movies in the Park $500 Doctor Doolittle, Summer Musical Background These contributions make enhancements to programs along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $750 from New Horizon Academy to be used for various Parks and Recreation Special Events is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL GOAL SETTING WORKSHOP TUESDAY, APRIL 8, 2014 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Recorder Lorene McWaters Council Member Butcher Wickstrom was absent. Goals and Strategies Presentation Getschow reviewed the “Eden Prairie Promise performance pyramid,” which includes individual responsibilities (shared expectations), leadership responsibilities, key results, and community expectations (mission and vision). Getschow said this model has been in use for a number of years, and while many employees can name at least some of the shared expectations far fewer are familiar with the content of the key results. Staff has been looking at moving away from the concept of key results to a set of goals that are more closely aligned with the vision and mission. The goals would be accompanied by strategies that are quantifiable, giving the City a better way of measuring our success. The City currently has six key results: • Healthy, strong and safe community • Satisfied customers • Preserved and beautiful environment • Mobile community • Responsive and accessible government • Effective and efficient service delivery The suggested goals, along with draft definitions, are: • Community well-being and safety – We are dedicated to providing unique and diverse opportunities for the community to live well. Additionally, we keep the community safe by providing exceptional public safety services • High quality services – We are dedicated to providing accessible, responsive and high quality services to the public. • Preserved and beautiful environment – We are dedicated to setting forth objectives which support the City’s vision to uphold the natural beauty and physical development of the community ITEM NO.: VI.A. Council Goal Setting Minutes April 8, 2014 Page 2 • Sense of community – We are dedicated to providing recreational amenities and programming, and events that promote a sense of community • Innovative and sustainable practices – We are dedicated to implementing forward thinking, progressive and environmentally conscious initiatives to the community Goals and Strategies Discussion Case said in general he likes the rewording, but does not like the phrase “preserved and beautiful environment.” He would like staff to rework that statement. Nelson asked where economic development fits into the new list of goals. Aho said he would like “effective and efficient” to be worked into the goal of “high quality services.” Nelson said she also likes “effective” a lot. She also said development standards should be part of the statement that refers to a “preserved and beautiful environment.” She said “sense of community” is a wide path which could encompass a variety of things the City does not necessary do or intend to do. Case said he would like the City Council to have more input into these updated goals. Aho said each Council Member could submit a list of suggestions. Dashboard Presentation Getschow said the City has been exploring the possibility of membership in the Alliance for Innovation, a collaborative effort between the ICMA and Arizona State University. He said Alliance for Innovation is a “knowledge network” that provides research findings, best practices, and other support for member communities across the country. They have worked with City staff to create a demonstration “dashboard” that would be part of the City’s website. The dashboard can accommodate more than 100 measures, which are presented in graphical format. The dashboard can incorporate existing data, and tracks measures over time. Tyra-Lukens asked if using a different methodology would result in different or non-comparable results. Getschow said the new vendor feels they can correlate the existing data. In addition, the new company has the ability to provide comparisons to not just Minnesota communities but to cities across the country. 2014 Initiatives Getschow compiled the following list of initiatives based on City Council and staff input: • Southwest LRT • Community EMT Program • Community Center Solar Project • Health and Wellness Activities • Smart Meter Reading • Bringing Eden Prairie’s past into the present and future (provided by Council Member Butcher Wickstrom) Nelson said she feels the bike and pedestrian master plan needs to have a strong walkability component and bench plan. Getschow said those will be large pieces of the proposed plan, which now has dedicated funding. Council Goal Setting Minutes April 8, 2014 Page 3 Case said he feels City events are not as robust as they have been in the past. He also wants entry/monument signs added to the list of initiatives. He would like more current information on demographics and consideration of a senior issues task force. Jeremiah said the Thrive MSP plan has just been released by the Met Council, and it will go before the council for comments after making its way through the commission process. Aho said he wants to expand the focus on water quality, since Council is hearing from citizens about that issue. He would like more interaction with the City’s watershed districts, including joint workshops. Tyra-Lukens said the City is already doing a lot around citizen engagement, and she would like to see that continue. She said the City has kept service levels high even during the recent economic downturn and that has served the City well. If LRT goes forward, public safety impacts will have to be addressed. She would also like a formal review of building standards. Various items (berms, signs, etc.) have been addressed piecemeal but an overall look, including sustainability elements, is in order. Jeremiah said the Community Development intern will be focusing on this issue this summer. Nelson said she would like an update on the City’s emergency management plan and well as the 20-40-15 program. Getschow said that although Council Member Butcher Wickstrom could not be at the meeting, she forwarded a list of goals to be shared. Her list includes: • Commitment to green building • New ways to partner with businesses • Bringing the past to the present for current residents Aho said he would like to further explore the business incubator concept. Community EMT Program Esbensen shared information about Community EMT Programs. He said they were created in response to the Affordable Care Act to address the high rate of readmittance of patients to the hospital shortly after discharge. The program is designed to bridge the gap that exists between hospital discharge and when home health care kicks in on about day four. Under the new program EMTs make visits to newly discharged patients to help make sure they understand their treatment plans and are taking medications as directed. Smart Meter Technology Ellis provided details of new water meters that are able to track and provide information on real time water usage, down to the minute. There is also an associated smart phone app, which can be set to send alerts. He said research indicates these meters are a proven water conservation tool. Discussion of Aquatics Center and LRT Municipal Consent Public Hearings Tyra-Lukens said she would like to set ground rules for both public hearings since there will likely be many individuals who wish to speak. She will be a time limit for each speaker, likely three minutes. She will also announce before the hearing begins that it is not intended to be a conversation or Q & A session, but rather the speaker’s opportunity to state their opinion of the Council Goal Setting Minutes April 8, 2014 Page 4 project. Lotthammer said the contracts for the aquatics project will be on the May 6 Council Agenda. A public hearing is not required for the Council to take action on them. If tax abatement bonds are used as the funding mechanism, that would require a public hearing. Lotthammer said Council might want to consider both the contracts and the funding mechanism at the same meeting. City staff is meeting with the City’s financial advisor tomorrow and will have more information on whether or not both items can be considered at the same meeting. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 20, 2014 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Council Member Case was absent. I. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT In accordance with state statutes, the comprehensive annual financial report (CAFR) is prepared by the Finance Division and is reviewed by the independent auditing firm of Kern, Dewenter, Viere, Ltd. (KDV). KDV issued an unmodified opinion of the 2013 CAFR. This is the highest level of opinion the City can receive and means the auditor believes the financial statements are fairly presented in all material respects. Steve Wischmann, partner in KDV, made a presentation on the financial report. There were approximately $41.8 million in general fund revenues in 2013, which was $3.9 million over budget. Taxes and assessments came in as budgeted; however, licenses and permits came in at $5.8 million actual vs. $2.8 million budgeted. General fund expenditures were at $39.4 million with police and administration coming in slightly under budget and parks and recreation coming in slightly over budget. Wischmann said expenditures were just $163,000 over budget, which is an excellent rate of variance. Wischmann said general fund operations have posted consistent results over the past five years. The unassigned fund balance is at the target amount of about 50 percent of next year’s expenditures. The tax capacity rate for Eden Prairie is just under 35%, which Wischmann noted is significantly lower than the state and the seven-county metro area. The liquor fund posted the highest operating income ($1,090,269) of the past five years, which represents 26.9 percent in gross profit. Wischmann also reviewed performance of the other enterprise funds (water, sewer and stormwater drainage). Council Members asked about the trend of increasing water fund operating losses. ITEM NO.: VI.B. City Council Workshop Minutes May 20, 2014 Page 2 II. COUNCIL GOALS Getschow provided an update on the draft goals from the April 8 Council Goal Setting Workshop. Based on Council input, one goal – economic vitality – has been added to the list, and the definitions have been reworked as follows: • Community Well-Being & Safety – We provide unique and diverse opportunities for the community to live well. We protect and serve our community by delivering exceptional and community engaging public safety services. • High Quality Services – We deliver cost-effective, efficient and responsive services to residents and the public. • Preserved and Beautiful Environment – We establish objectives and strategies that support upholding the natural beauty, physical development and history of the community. • Sense of Community – We promote a sense of community by providing recreational amenities, programming and events tailored to a diverse population. We focus on inclusive and collaborative engagement activities. • Innovative and Sustainable Practices – We implement forward-thinking, progressive and environmentally conscious initiatives that benefit the community. • Economic Vitality – We enhance the quality of life in Eden Prairie by sustaining a diverse and prosperous economic base while supporting business growth and development. III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 20, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. AARP DRIVERS EDUCATION AWARD Lotthammer said the Eden Prairie Senior Center has been awarded a national "Top 100 Host" designation for the AARP Driver Safety Programs. He noted the Senior Center ranked No. 17 within the top 100 host sites. Senior Center Supervisor Sue Bohnsack presented the award plaque to Mayor Tyra-Lukens. B. 2013 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Tyra-Lukens said Minnesota statutes require that by June 30 of each year, the City prepare a financial report for activities of the previous year. We will have a brief presentation on the report. She noted the Council received a full report at their workshop tonight. Steve Wischmann, a partner in Kern, Dewenter, Viere, Ltd, gave a PowerPoint presentation about the audit process. He said his firm issued the City of Eden Prairie an unmodified (clean) opinion on the financial statements. They had no items to report. He reviewed the 2013 General Fund revenue and expenditures and the tax levy, tax capacity and tax capacity rates for Eden Prairie. ITEM NO.: VI.C. CITY COUNCIL MINUTES May 20, 2014 Page 2 Tyra-Lukens said it is good to get a report like this that reports the City's tax rate is well below the metropolitan average. MOTION: Aho moved, seconded by Nelson, to accept the 2013 Comprehensive Annual Financial Report ( CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Butcher Wickstrom added Item XIV.A.1. Nelson added Item XIV.A.2. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 6, 2014 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council workshop held Tuesday, May 6, 2014, as published. Motion carried 3-0-1, with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 6, 2014 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, May 6, 2014, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow noted there is an updated contract for Item VIII.K. on goldenrod paper. A. CLERK’S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO.14-2014 AMENDING CITY CODE SECTION 11.51, STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION NO. 2014-50 APPROVING PUBLICATION OF SUMMARY ORDINANCE C. AWARD CONTRACT FOR INSTALLATION OF A FISH BARRIER ON PURGATORY CREEK TO BLACKSTONE CONTRACTORS D. AWARD CONTRACT FOR AQUATIC PLANT HARVESTING FOR RED ROCK AND MITCHELL LAKES TO J & N WEED HARVESTING E. APPROVE CONTRACT WITH ALLIED WASTE SERVICES FOR ANNUAL COMMUNITY DROP OFF DAY CITY COUNCIL MINUTES May 20, 2014 Page 3 F. AWARD CONTRACT TO PEARSON BROTHERS, INC. FOR 2014 SEALCOAT PROJECT G. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR 2014 OVERLAY PROJECT H. AWARD CONTRACT TO TMI COATINGS, INC. FOR RECONDITIONING OF BAKER ROAD WATER STORAGE RESERVOIR I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SEH INC. FOR CONSTRUCTION SERVICES FOR EDEN PRAIRIE ROAD IMPROVEMENTS J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR BURR RIDGE STORM SEWER IMPROVEMENTS DESIGN SERVICES K. ADOPT RESOLUTION NO.2014-51 AWARDING CONTRACT FOR BURR RIDGE STORM SEWER EMERGENCY REPAIR AND IMPROVEMENT PROJECT TO NORTHWEST ASPHALT, INC. L. APPROVE AMENDMENT 5 TO PROFESSIONAL SERVICES AGREEMENT WITH HGA INC. FOR ARCHITECTURAL SERVICES FOR CONSTRUCTION PHASE OF AQUATICS EXPANSION PROJECT M. APPROVE AGREEMENT FOR PURCHASE OF RECREATION REGISTRATION AND FACILITY SCHEDULING SOFTWARE FROM VERMONT SYSTEMS N. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS MOTION: Aho moved, seconded by Butcher Wickstrom, to approve Items A-N of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. SOUTHWEST LIGHT RAIL TRANSIT MUNICIPAL CONSENT HEARING Getschow said the Southwest Light Rail Transit (SWLRT) project has been a topic of discussion in the community for quite a while. The City of Eden Prairie is required under Minn. Stat. 473.3994 to host a public hearing concerning the physical design components of the transit plans. The city anticipates taking action to approve or disapprove the plans at the June 17, 2014 City Council meeting. Jim Alexander, Design Engineer for the Project Office, gave a PowerPoint presentation about the SWLRT. He noted the 15.8 mile route will go from CITY COUNCIL MINUTES May 20, 2014 Page 4 Mitchell Road in Eden Prairie through Minnetonka, Hopkins, St. Louis Park and Minneapolis. There will be 16 stations with an overall budget of $1.673-1.683 billion. He said they have been working with City staff since February of 2013 to address technical issues. State statute requires that the five cities along the SWLRT route give their consent approval for the design plans. He reviewed the physical design components of the route through Eden Prairie. Tyra-Lukens noted the public hearing tonight is one of many steps provided by the City, Hennepin County and the Met Council to provide input. The City will accept public comments until 4:30 PM on Friday, May 23 at swlrt@edenprairie.org or by written correspondence to the Eden Prairie Public Works Department. There will be a three-minute limit on speaking at the public hearing. The subject of tonight's public hearing is the design components of the SWLRT. Donna Azarian, 9068 Waverly Court, asked the Council to vote "no" because she believes the SWLRT will ruin Eden Prairie with the unsightly track and overhead wires. She was very concerned about safety issues. She did not think we have the minimum density needed to support the SWLRT. Barbara Fleet, 13570 Technology Drive, said she lives at the Southwest Station condos. She said the SWLRT will be an unsightly eyesore and will be extremely noisy as it runs every seven minutes, 21 hours a day. It will destroy the pristine and peaceful Purgatory Park. The continuous vibration will cause structural damage to the Southwest Station condos. She was also concerned about crime issues. Todd Phelps, representing AGNL Health, thanked City staff for meeting with them over the last couple of weeks. He was concerned with the threshold issue that is missing. The facts have to drive the design, and we don't have the facts in front of us. The draft EIS was based on a location along Hwy 5, so we now have to make a decision without having the facts. He did not know what the impact will be to their property and their over 1300 employees. He said the Council should require the Met Council to provide the necessary data to make an informed decision. Ahmed Jama, 7051 Woodland Drive, said two components would help his community: the SWLRT would bring thousands of jobs to the City and he hoped it would also bring affordable housing. He said the only affordable housing in Eden Prairie was built 30 years ago and consists of 519 units. The Met Council's goal for Eden Prairie is 1844 units. He supported the SWLRT and asked the Council to make sure there is affordable housing along with it. Asad Aliweyd, 7224 Stewart Drive, said the SWLRT is an investment for accessible transportation, for creating jobs and for promoting a good community. He would like to see affordable housing and jobs created along with the SWLRT. He said light rail is a safer and cheaper form of transportation and would be good for all of the community. CITY COUNCIL MINUTES May 20, 2014 Page 5 Jeffrey Simon, 8900 Bradford Place, said he thought the SWLRT will not be economical and will be inefficient. It will be a government enterprise, so it will promise things but will not have to make a profit. We are being asked to approve the SWLRT without first approving the concept, and he objected to that. Dan Engelsma, President of Kraus Anderson, was concerned with the route that goes from the Crosstown to Shady Oak Road. There are 10-12 buildings in the Prime Tech Office Park there. When the SWLRT was first announced, the original plans showed the rail going on the east side of Hwy 212, which is the industrial side of the road where there is a lot of open space. Several months ago they learned the route had been moved to the west side of the road. The bridge over the top of Hwy 212 and Shady Oak Road will obliterate the vision of the Prime Tech Office Park and will have a devastating effect on the value of the buildings in the office park. He said they support the rail line but don't support the way it is put in. Abdi Yusuf, 8260 Mitchell Road, said he wished more people could have attended the workshops given over the last year. He supported the SWLRT and thought there will be benefits to it, including the fact students will be able to take the train to downtown Minneapolis. He would like to see affordable housing and affordable businesses. Fred Koppelman, 18890 Deerfield Trail, said the purpose of the light rail system is to take people from where they are to where they want to be, and we already have such a system with Southwest Metro Transit. That bus system will suffer if the SWLRT is built. Light rail doesn't make sense after spending all the money on the buses, the bus stations and the parking lots. The rail will be a danger to pedestrians and cars. He thought we need to separate our wants from needs. He asked the Council to stand up to the Met Council and say "no" to the SWLRT. Sheila Kinne, 11683 Welters Way, said people need transportation, and she rides the Southwest Metro line which provides great service. She thought five stops for the SWLRT in a city of 60,000 people makes no sense. She did not think the rail line should come into the City any further than the Golden Triangle. The rail line might soon become obsolete because of more flexible technology for transportation. The Prairie Center loop will be a mess during and after the construction. She thought there is still time to do something about it and we don't have to rush into it. Barbara Brandall, 16837 Bainbridge Drive, was not sure what the SWLRT gives us that the bus system doesn't already provide. She didn't understand why we would need five stations for the 5.8 miles of train track in Eden Prairie. She said the trails and sidewalks in the City are a mess. She was concerned about what our tax responsibility will be because the government is not very good at projecting costs. She thought the light rail should stand on its own, and affordable housing is a separate issue. Tom Brandall, 16837 Bainbridge Drive, said we need to look at the entire design because this is a huge cost. The construction issues for the residents of Eden CITY COUNCIL MINUTES May 20, 2014 Page 6 Prairie will be huge, and it may only be used by a small percentage of people. He asked why we could not have a referendum for the voters of Eden Prairie to decide if it is wanted. Rolf Kemen, 14763 Boulder Pt Rd., said forty years ago there was a lot of talk about federal dollars for transit. We chose the highway system and built Hwy 494 and Hwy 62 while cities in other areas of the country went ahead and built subway systems. We are stuck today with some decisions that were made in the past. We want to have new businesses put up buildings in our community, and we have to have a way for people to get to the businesses. We need to get cars off highways. Hwy 494 cannot be expanded without acquiring all the property on both sides of the roadway for billions of dollars. Predictions are we will be adding 1,000,000 people to the metropolitan area in the next 10-15 years. The SWLRT will cost less than trying to expand highways for the capacity we need. Lindsay Johnson, 13560 Technology Drive, said she owns property in the Southwest Station condos. The SWLRT route will cause an unsafe passageway between the condo buildings and the lake. She is estimating a $20,000 decrease in her property value if the SWLRT is put in there. She asked the City Council members to listen to their constituents who elected them to office. She thought the transit line should run down the middle of Hwy 212. Gary Orcutt, Vice President of First Western Bank and Trust, said there will be a bridge over Hwy 212 very near his building. d First Western Bank bought the building in 2005 for $3,400,000 and invested more to improve the building. They bought the building for its visibility and access. Their location and access are vitally important to their operations, and the value would be significantly impacted by a bridge outside their second floor. Scott Gill, representing Milestone AV Technologies, said he runs a business near the proposed City West station. He endorsed the SWLRT in general terms, and he thought the ability to connect in both directions to Minneapolis is going to be important for job growth along the corridor over the next 25-30 years. He said they have lost employees because of the commute times, and it doesn't look like our primary roadways will be expanded dramatically over the next decades. That means we need alternatives. It takes political courage to make decisions moving ahead with a long term view of Eden Prairie. He noted access to the City West area will be vital to employers and to people living there. Saga Slevin, 6075 Baker Road, said it sounds like there has not been full research on this. We don't know the unintended impact on the environment, the residents and traffic. She did not see a reason to hurry to build this and thought we could wait for a full impact study. The SWLRT will not add to the quality of life in Eden Prairie. Tim Sinnett, 6035 Baker Road, said he did not see the population needed to support this project. He was concerned about the crime and what this will bring into the community. Southwest Metro is doing a great job, and we should be CITY COUNCIL MINUTES May 20, 2014 Page 7 looking at expanding that. He thought affordable housing is another topic. Thad Lightfoot, representing Dorsey & Whitney and Gander Mountain, said his firm submitted considerable comment on the draft EIS raising issues of alignment along Technology Drive. He thought the alignment should be moved off Technology Drive. Steve Smith, 6824 Jeremy Court, said his family loves the parks, the open spaces and the shopping in Eden Prairie, but this project will keep them from crossing the light rail line to go to the parks or the shopping centers. He thought the loss of property value is a real issue. He asked the Council to think about what this is going to do to the community when the vote is taken. Jeff Strate, 15021 Summerhill, said he believes in public transit. He said the Golden Triangle area is ripe for development. The SWLRT will help the City and businesses and will be part of a system that will include bus transit. A lot of things have been thought out and more tweaking will happen. Eden Prairie has more open space and beautiful parks than any other city in Minnesota. He didn't see the current alignment as affecting the park system. He was concerned that the Mitchell Station provide clear, safe and open access to the regional trail system. Dan Etling, 9504 Creek Knoll Road, said the current design plans of the SWLRT contains the solution to problems with the previous designs. He supported the SWLRT as a transportation option as it will complement the Southwest Transit system and will give more options. This will expand options for jobs and education and will reduce traffic congestion and emissions in our neighborhoods. It will connect riders to downtown Minneapolis and St. Paul. Federal funding will pay almost one half the cost of the SWLRT. Frank Lorenz, representing Haulke & Ghea, said he had issues with the Met Council about conflict of interest. There is no private sector investment going on along the Green Line. The metropolitan area is 90 miles in length with 3,100,000 people. He thought we should expand the Southwest Transit system. Dennis Larson, 8365 Heather, commented that light rail has become popular again, but Eden Prairie does not need light rail. John Tyler, 17574 Belfast Cove, said the SWLRT route goes through the beautiful Purgatory recreation area. We will be putting that on the line. He asked for an adequate EIS on the final route which he believed to be the most environmentally disastrous route. He was concerned how this will affect the quality of life and the aesthetic value of Eden Prairie. Dan Duffey, member of the SWLRT Business Advisory Committee, said his committee sent a letter to the Met Council last March outlining the group's support of the SWLRT project. The committee supported this project as vital to the economic development and to help connect employees and employers throughout the metropolitan region. He said there are a lot of ongoing issues still to be CITY COUNCIL MINUTES May 20, 2014 Page 8 resolved, but he was in support of the project. Craig Eiler, 12275 Oxbow Drive, said he did not understand the process used to solicit public opinion. It seems to him the City Council takes action in their own hands for large scale projects and does not solicit opinions from residents. He didn't understand why there has not been a referendum just as there was no referendum for the Community Center expansion. Paul Hatsung, Dahlia Circle, questioned what the attraction of light rail is because it has so many negative components. He said we should not be investing $1.7 billion in this project. He expected the cost would double or more by the time it is completed. He thought this is a really bad investment, and there are better means of transportation available. Dave Jellison, City Manager for Liberty Property Trust, said they have a number of buildings in the Golden Triangle area. Many of their tenants would use the light rail system. He thought the change in alignment and elevation was a great move. Jessica Wyberg, 11093 Anderson Lakes Parkway, said in her experience many times when you sign up for grants it comes with a higher cost than anticipated. She asked the Council to choose wisely and think about the residents, not what is in it for the Council. Jim Diehl, 10530 W. Riverview Drive, said there is an express bus to the University of Minnesota that takes less than a half hour. He said the SWLRT will raise the metropolitan area sales tax. We will be competing with Shakopee and Savage who won't have to pay for light rail. Approving this project will be voting for more density or voting for a train that won't be used, as well as a sales tax increase and increases in property taxes. A high school student who lives on Valley View Road said this is an horrendous idea for such a pristine City. We have a high standard of living that everyone is trying to preserve. Our current transportation resources are not being fully utilized. He thought we should use the money to invest in education of our youth. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. B. EDEN GARDENS by Homestead Partners. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres; Planned Unit Development Concept Review on 8.39 acres; Planned Unit Development District Review with waivers on 8.39 acres; Zoning District Change from Rural to R1-9.5 on 8.39 acres and Preliminary Plat on 8.39 acres into 36 lots and 7 outlots. Location: Southwest corner of Scenic Heights Road and Eden Prairie Road. (Resolution for Guide Plan Change; Resolution for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) CITY COUNCIL MINUTES May 20, 2014 Page 9 Getschow said this project is located on a parcel of land owned by MnDOT that was a remnant from the Hwy 212 expansion project. The proposal by Homestead Partners involves the development of 36 lots and seven outlots. Official notice of this public hearing was published in the May 8, 2014, Eden Prairie News and sent to 333 property owners. The project is a demonstration project that meets the objectives of sustainability, energy-efficiency, and housing for moderate income households. The Planning Commission recommended approval of the project with recommendations to include a noise analysis and to make plan revisions related to some of the green elements. Tom Strohm, representing Homestead Partners, gave a PowerPoint presentation reviewing the project, the site plan and the sustainability features. There is one public street through the project of 36 homes. The project has an .89 acre center park space and a heavily landscaped courtyard on the northeast side. There is an extensive amount of trails and sidewalks to connect the neighborhood to the adjacent trails. Infiltration of storm water runoff from the project will take place in the central open space. There will be a community garden for residents with a garden shed for shared storage. The park shelter and the garden shed will have green roofs. Permeable pavers will lead to the shelter. There will be a playground for children and solar pathway lighting throughout the open space. They plan a large amount of native landscaping that will be low maintenance and will require no irrigation. They partnered with the Builder's Association of the Twin Cities (BATC) to make all the homes Green Path Advanced Certified, a first time effort in the State. The model home will have a solar feature. Jeremiah said the noise study recommended by the Planning Commission has been completed. The study found that the project as proposed to be constructed will meet the State noise standards. There are no additional conditions necessary to be put on the development regarding noise. Regarding the noise that exists now, MnDOT completed a noise study for the existing neighborhood prior to the Hwy 212 construction, and are the ones responsible for mitigating the noise impact on the existing neighborhood. She said the structures and landscaping that will be added to this property will provide a substantial addition in height, so noise abatement should increase. Chris Atterberry, Thatcher Road, said a group of neighbors submitted a letter to the City in November of 2013 outlining three primary concerns: impact on property value; noise and visual impacts; and increased traffic as a result of the new development. He understood that any concerns regarding noise in the neighborhood would be the responsibility of MnDOT to address; however, he believed it is the responsibility of the City Council to address any concerns about this development. He asked what the neighbors could expect to see in terms of noise increase with the new development. He said the traffic study that was completed noted a significant increase in traffic down Thatcher Road. At the Planning Commission meeting someone commented about there being "winners and losers in these things." Some areas of the existing neighborhood will see a decrease in traffic but there will likely be an increase in traffic on Thatcher Road. He has yet to hear a response that meets his needs in terms of how that might be addressed. He asked the Council to give CITY COUNCIL MINUTES May 20, 2014 Page 10 careful thought to options for addressing traffic through the use of stop signs or something to keep speeds limited on that roadway. Don Bugbee, Thatcher Road, said he was not opposed to the development, but his frustration is with the traffic issue. We have an opportunity to have a winning program but he hasn't heard any sensitivity towards the neighbors' concerns. He would like a way for the neighbors to feel they have been heard. MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public hearing. Motion carried 4-0. Tyra-Lukens asked staff about the possibility of a stop sign for Thatcher Road drivers. Ellis responded we typically would not support a three-way stop at Thatcher and Stanley as we feel there will be an acceptable volume of traffic through that intersection. He said, as a whole, other areas will see a decrease in traffic volumes, but there will be an increase for those residents on Thatcher Road east of Stanley. They estimate there will be 419 trips per day, and the total volume changes are within the range we would expect on residential streets. He said a three-way stop is a possibility and he understood it is a concern of the neighborhood. However, we would want to wait to see what happens when the development opens to document it is the right step. Tyra-Lukens thought it is not just an issue of the numbers increasing; rather it is a matter of the sharp turn on Thatcher. It would be good if we could slow the traffic on that turn. Nelson agreed with the Mayor and noted we have done the same for some neighborhoods. She thought we should consider it right away and not wait. She was also concerned that the proponent has taken geothermal off the table. That was an option she brought up the last time we met, and she would like to see it offered as an add-on option for families to put in during construction. Matt Hanish, Vice President of JMS Custom Homes, said the option for geothermal was taken off the table to keep the homes affordable. Geothermal works well on larger sites. He said they could revisit the issue and try to figure out how to offer it as an option. Nelson said she could see it as an add-on option. She would also like to see that rebates for both solar and geothermal are made available. Nelson noted there are a lot of amenities, some of which will require upkeep. She asked if there will be a permanent association for this area. Mr. Hanish said there is an association established that will provide for maintenance as well as snow and lawn care. Nelson asked if there will be LED streetlights. Mr. Hanish said there will be. Nelson said she would like them to revisit the geothermal option and would also want to make sure the current rebates are available for homeowners to consider. Mr. Hanish said all the homes will be solar ready and those rebates would be available to the buyers. Tyra-Lukens asked for an explanation of issues surrounding installing geothermal. CITY COUNCIL MINUTES May 20, 2014 Page 11 Mr. Hanish said geothermal requires space, and we are dealing with lots in a very compact development so adequate space isn't available. It also work better in certain soils and there are concerns about the costs associated with geothermal. Butcher Wickstrom asked if geothermal might be available to multiple homes. Mr. Hanish replied that requires a large amount of space. Tyra-Lukens asked if a change to the Guide Plan requires a 4/5 vote of the Council. Rosow said it requires a 2/3 vote of all members, which would be four votes to pass the item tonight. MOTION: Butcher Wickstrom moved, seconded by Nelson, to continue the item to the June 17 Council meeting. Motion carried 4-0. C. EDENVALE HIGHLANDS HOUSING IMPROVEMENT AREA (ORDINANCE NO.15-2014 ESTABLISHING HIA; RESOLUTION NO. 2014- 52 SETTING FEES; RESOLUTION NO.2014-53 APPROVING PUBLICATION OF SUMMARY ORDINANCE) Getschow said any community in Minnesota is authorized to create a Housing Improvement Area (HIA). The Council has the ability to create an HIA by ordinance and allow the improvement area to conduct improvements to the buildings and common areas. The improvements are then 100% assessed to all the members of the association so that the City is simply providing a mechanism of assessment for those improvements. This HIA would be the second one in the City and would involve only eight housing units that have an issue with a failing retaining wall. The actual ordinance and resolution would not become effective for 45 days, so there is an opportunity for objections to be filed. He believed all eight owners have signed the petition to improve this area. There were no comments from the audience. Tyra-Lukens thought this is a great mechanism we have available to help neighborhoods. She thought it will be used many times in the future as multi- family areas need improvement. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve the first and second readings of Ordinance No.15-2014 establishing the Edenvale Highlands HIA; to adopt Resolution No. 2014-52 setting the fees for the Edenvale Highlands HIA; and to adopt Resolution No. 2014-53 approving the summary publication of the Ordinance. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Butcher Wickstrom, Nelson, and Tyra-Lukens voting “aye.” CITY COUNCIL MINUTES May 20, 2014 Page 12 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Letter Commending Eden Prairie Fire Department--Council Member Butcher Wickstrom Butcher Wickstrom said she recently received a letter from a resident commending the Eden Prairie Fire Department for being so prompt and professional. The resident said the entire group went above and beyond their expectations and wanted to express heartfelt gratitude to the Fire Department. 2. Ecopalooza Event Last Weekend--Council Member Nelson Nelson said we had our first Ecopalooza event with a green walk last weekend. She commended staff for a great first event that a lot of people attended. She hoped we consider making this a yearly event. B. REPORT OF CITY MANAGER 1. New Lease with Eden Prairie School District for City Center Space Getschow explained the City of Eden Prairie owns the City Center building free and clear of debt. We have been talking for a few years about a new lease for the School District, but knew we wanted C. H. Robinson to vacate their space before we moved ahead with the new lease. The School District came to the conclusion the Community Education Department has the right amount of space. With the departure of C.H. Robinson, there was the opportunity for them to expand into some of the downstairs space. They were looking for additional space for the Tassel program. The new lease covers all the current lease with a base rent at $7.00 per square foot with an inflationary factor for the current space plus the additional 2200 square feet. The School District pays for the operating costs beyond the base rent. The lease also involves bringing the building up to Building Owners and Managers Association (BOMA) standards. That means the School District now has 51,315 square feet in terms of how the current space is measured and will add the 2,200 square feet downstairs. In addition they will make tenant improvements for the Tassel program. He thought the City is getting a very fair deal for the space. CITY COUNCIL MINUTES May 20, 2014 Page 13 Tyra-Lukens asked about the Tassel program. Getschow replied it is for young adults from 18-21 years. The participants will come from other communities, but he understood they will be members of the Eden Prairie High School District. He said he would have to follow up with the School District about the make-up of the students. Rosow said they are currently taking students in the program to Richfield, but he did not know if all of them are Eden Prairie residents. Butcher Wickstrom said she appreciated the greater accuracy in using BOMA standards. She thought it was a very well-negotiated lease. Rosow noted the School District asked for one change last night that would give the School District the option to terminate at a point in time when they might not levy for the lease payment. Tyra-Lukens asked if they would still be obligated to pay for their improvements. Rosow said that was correct. MOTION: Butcher Wickstrom moved, seconded by Aho, to approve a new lease with the Eden Prairie School District and to authorize the Mayor and City Manager to execute the Lease with terms substantially the same as the attached lease, subject to such changes as are recommended by the City Attorney and approved by the Mayor and City Manager. Motion carried 4-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 9:48 PM. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Organization: Northern Star Council Place: Bearpath Golf & Country Club 18100 Bearpath Trail Date: July 28, 2014 Organization: Foundation for EP Schools Place: Bent Creek Golf Club 14490 Valley View Road Date: June 9, 2014 Temporary Liquor Organization: City of Eden Prairie Municipal Liquor Stores Event: Beer Tasting Date: July 18, 2014 Place: Staring Lake Amphitheater 14800 Pioneer Trail New Liquor License – New Ownership due to Bankruptcy Licensee name: Last Call Operating Co II., Inc (Formerly Champps Operating Corporation) DBA: Champps Americana 8010 Glen Lane Amendment to Liquor License 2AM Closing Permit - Renewal Santorini Y Not, Inc. DBA: Santorini 2014 Renewal Licenses Private Kennel Barb & Jim Gabbert - 1 - CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: High Point at Riley Creek ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for Zoning District change from Rural to R1-13.5 on 5 acres; and • Approve the Development Agreement for Highpoint at Riley Creek. Background Information This is the final approval of the development agreement and plans for a 12 lot single family subdivision. The 120-Day Review Period Expires on December 30, 2014. Attachments 1. Ordinance for Zoning District Change 2. Summary Ordinance 3. Development Agreement HIGH POINT AT RILEY CREEK CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 17, 2014, entered into between D.R. Horton Inc.- Minnesota and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of July, 2012, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of June 2014. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on__________________, 2014. Exhibit A Legal Description Before Final Plat Parcel 1 The East 330.00 feet of the West 661.00 feet of the Southwest Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. Torrens Certificate No. 1317956 Parcel 2 Outlot C, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-12, Block 1, High Point at Riley Creek, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 9765 Sky Lane, from Rural to R1-13.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: _____________________________ _____________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on__________________, 2014. (A full copy of the text of this Ordinance is available from City Clerk.) DEVELOPMENT AGREEMENT HIGHPOINT AT RILEY CREEK THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of June 17, 2014, by D.R. Horton, Inc.-Minnesota, a Delaware corporation, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”: WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 Zoning District on 5.0 acres, and Preliminary Plat of 5.0 acres, legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Ordinance No. _-2014- for Zoning District Change from Rural to R1-13.5 on 5.0 acres, and Resolution No. 2014-__ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated July 11, 2012, reviewed and approved by the City Council on July 17, 2012, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CONSTRUCTION ACCESS: The Developer shall enter into an Access Agreement with the Metropolitan Airports Commission (MAC) that allows the Developer to route construction traffic through MAC property during the Land Alteration and construction phases of the project. Routing home construction traffic during the build-out of the homes on the Property will also be beneficial to the local residents and to existing Beverly Drive and Sky Lane. Developer shall obtain and submit to City prior to release of the Land Alteration Permit a copy of the Access Agreement to Developer, consented to by MAC. Developer shall request from MAC an extension of the Access Agreement that allows the continued use of MAC property for temporary access until the earlier of such time as 75% of the homes within the Property are completed or until such time as the City Engineer determines is appropriate. 4. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner, nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit D hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first). 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ a design professional to prepare a Stormwater Pollution Prevention Plan (SWPPP). The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan. The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins, Stormwater Infiltration or Filtration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or Underground Systems (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer and or Owner during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities (where appropriate) must be submitted prior to release of the first building permit for the Development Developer shall employ a design professional to prepare a Stormwater Pollution Prevention Plan (SWPPP) to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm water Manual” dated November 2005, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. All Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be stored or allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Parking lots and drive lanes that drain to any Stormwater Facilities shall be swept at least weekly during construction and for frequently if necessary to minimize sediment accumulation within the facilities. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include regular sweeping of private streets , parking lots or drive aisles; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall be removed by hand. Areas above Underground Systems shall be kept free of structures that would limit access to the System for maintenance or replacement. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer shall submit to the City Building Official, and obtain the City Building Official’s written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in the Metropolitan Council’s 2030 Transportation Policy Plan, Appendix M: Land Use Compatibility Guidelines for Aircraft Noise, November 2010. 9. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Robin J. Smith, Trustee and any successor Trustee, of the Robin J. Smith Revocable Trust under agreement dated November 10, 2009, and any amendments thereto. 10. PUBLIC STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public streets, sanitary sewer, water and storm sewer. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 or 22 x 34 plan sheets designed to City specifications and standards. Prior to release of the final plat for the Property, Developer shall furnish to the City Engineer and receive the City Engineer’s written approval of a surety equal to 125% of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 11. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. All retaining walls shall be privately owned and maintained. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 12. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit on the Property, Developer shall submit to the Engineering Division detailed plans for sidewalks to be constructed on the Property. Prior to release of any portion of the final plat, Developer shall convey to the city easements for such sidewalks and trails in such locations as determined by the City. Sidewalks shall be constructed in locations indicated on the Plans. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit E, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 5.03 acres in the amount of $36,668.70. The assessment agreement shall also include assessments for Eden Prairie Road street, trail, storm sewer and water quality improvements in the amount of $134,088.00. 14. TREE LOSS - TREE REPLACEMENT: There are 615.8 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 344.3 diameter inches. Tree replacement required is 256 caliper inches. Prior to the issuance of any grading permit for the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 256 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property, Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150% of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Nancy Tyra-Lukens Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2014, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public Developer D.R. HORTON, INC.-MINNESOTA By ________________________________ Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2014, by _______________________________________, the , of ________________, a _______________________, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT – HIGHPOINT AT RILEY CREEK Legal Description Before Final Plat Parcel 1 The East 330.00 feet of the West 661.00 feet of the Southwest Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. Torrens Certificate No. 1317956 Parcel 2 Outlot C, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-12, Block 1, High Point at Riley Creek, Hennepin County, Minnesota EXHIBIT B DEVELOPMENT AGREEMENT – HIGHPOINT AT RILEY CREEK PLANS Site Plan/Aerial Map dated 07/10/12 by Sathre-Bergquist, Inc ALTA/ACSM Land Title Survey dated 04/12/12 by Sathre-Bergquist, Inc Preliminary Plat dated 07/10/12 by Sathre-Bergquist, Inc Title Sheet dated 07/10/12 by Sathre-Bergquist, Inc Final Street Plan dated 07/10/12 by Sathre-Bergquist, Inc Final Sanitary Sewer and Watermain Plan dated 07/10/12 by Sathre-Bergquist, Inc Final Storm Sewer Plan dated 07/10/12 by Sathre-Bergquist, Inc Preliminary Grading & Drainage Plan dated 07/10/12 by Sathre-Bergquist, Inc Final Erosion Control Plan dated 07/10/12 by Sathre-Bergquist, Inc Construction Details dated 07/10/12 by Sathre-Bergquist, Inc Tree Survey dated 07/10/12 by Sathre-Bergquist, Inc Tree Replacement plan dated 04/19/12 by Norby & Associates, Inc EXHIBIT C DEVELOPMENT AGREEMENT – HIGHPOINT AT RILEY CREEK I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT – HIGHPOINT AT RILEY CREEK HIGHPOINT AT RILEY CREEK DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given, either from Developer itself or Developer’s successors in interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first: The Property is located near Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hrs a day, year round. The Airport operates two parallel east/west runways, and a north/south crosswind runway, all of which are lighted. An FAA control tower manages air traffic near the airport from 7:00 am – 10:00 pm. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371. EXHIBIT E DEVELOPMENT AGREEMENT – HIGHPOINT AT RILEY CREEK AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2014, between the City f Eden Prairie, a municipal corporation, (the "City") and a Minnesota ______________ (the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of the following public improvements: (1) The City's trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Trunk Improvements"). (2) Street and utility improvements adjacent to the Property (which is hereafter referred to as “Eden Prairie Road Improvements”). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Trunk Improvements and the Eden Prairie Road Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: The Owner consents to the levying of assessments against the Property for the construction, and maintenance of the Trunk Improvements and Eden Prairie Road Improvements as follows: a). The Property will be assessed for Trunk Improvements on 5.03 acres in an amount not to exceed $36,668.70. b). The Property will be assessed for Eden Prairie Road Improvements in an amount not to exceed $134,088.00 in accordance with the Feasibility Study pursuant to Minnesota Statutes Chapter 429. 2. The City has prepared a Feasibility Report that shows proposed costs to be assessed against the Property and additional amounts to be assessed against other lands for the Eden Prairie Road Improvements. The actual cost to be assessed against the Property for the Eden Prairie Road Improvements may differ from the amount in the Feasibility Report. Actual cost to be assessed against the Property for the Eden Prairie Road Improvements shall be determined in the same manner as reported in the Feasibility Report prepared with respect to these improvements. 3. For purposes of determining the amount of the assessments, the costs of the Eden Prairie Road Improvements shall include, in addition to actual construction costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Eden Prairie Road Improvements and costs incurred for acquisition of easements and or right-of- way including attorney fees. 4. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 7. This agreement shall be effective immediately. 8. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 9. This Agreement constitutes a lien upon the Property in the amount of $170,756.70 until such time as the assessments referred to above are levied. If the assessments are not levied within 5 years from date of this agreement, Developer may request that the city council, in its sole and absolute discretion, release the lien of this paragraph, provided however the remainder of this Agreement shall remain in full force and effect. Upon the recording of the final plat for the Property as provided in the Development Agreement between the parties dated ___________, 2014, the lien shall be pro-rata against each residential lot in the amount of $14,229.72 ($170,756.70 divided by 12 lots equals $14,229.72 per lot) and when the assessment is levied it shall be levied in said pro-rata amount against each lot. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of __________, 2014, by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ___________, 2014, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT F DEVELOPMENT AGREEMENT – HIGH POINT AT RILEY CREEK OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN D.R. HORTON, INC.-MINNESOTA AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of _______________________, 2014, by and between Robin J. Smith, Trustee and any successor Trustee, of the Robin J. Smith Revocable Trust under agreement dated November 10, 2009, and any amendments thereto. ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Ordinance No. __________for Zoning District Change from __________ to __________, and Resolution No. __________ for Preliminary Plat, as more fully described in that certain Development Agreement entered into as of __________________, 2014, by a nd between ______________________________, a Minnesota _________________, and City ("Development Agreement") pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If D.R. Horton, Inc.-Minnesota, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Ordinance No. __________ Zoning District Change from Rural to R1-13.5 and Resolution No. __________ for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of "Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Nancy Tyra-Lukens Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of __________________, 2014, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _________________________ Notary Public OWNER Robin J. Smith, Trustee and any successor Trustee, of the Robin J. Smith Revocable Trust under agreement dated November 10, 2009, and any amendments thereto By ________________________________ Trustee STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2014, by _________________________, the Trustee, of the Robin J. Smith Revocable Trust under agreement dated November 10, 2009, and any amendments thereto on behalf of the Trust. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat Parcel 1 The East 330.00 feet of the West 661.00 feet of the Southwest Quarter of the Northeast Quarter of Section 29, Township 116, Range 22, Hennepin County, Minnesota. Torrens Certificate No. 1317956 Parcel 2 Outlot C, The Ridge at Riley Creek, according to the recorded plat thereof, Hennepin County, Minnesota Legal Description After Final Plat Lots 1-12, Block 1, High Point at Riley Creek, Hennepin County, Minnesota CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Rick Getschow, City Manager ITEM DESCRIPTION: Request Approval of Contract with National Research Center for the 2014 Community Survey ITEM NO.: VIII.C. Requested Action Move to: Approve contract with National Research Center (NRC) to conduct the 2014 Community Survey. Background As the Council is aware, the City conducts a community survey every other year in even- numbered years. For the past four surveys the City has hired Decision Resources, a local polling firm. This year, staff is recommending that we hire the National Resource Center out of Colorado as we believe they will deliver a more robust product that will include greater detail, more comparisons and additional follow-up services. The NRC has been conducting community feedback surveys for cities and counties across the country for twenty years. They have worked with more than 20 different Minnesota communities including the cities of Maple Grove and Bloomington. The NRC has the ability to compare the survey data we will collect in 2014 with the data we have collected in the previous four surveys. In addition, the NRC has survey response data from 500 jurisdictions in the United States that can be compared to Eden Prairie’s data. One difference between this year’s survey and those conducted in the past is that the NRC will be using a mail-in survey rather than a phone survey. There are several benefits to the mail-in format including the ability to ask more questions and to include complete geographic coverage of the city that does not rely upon phone numbers (this is particularly important due to the high number of homes without a land line). More information on the benefits of a mail-in survey is provided in the attachment “NRC Survey Administration Mode, Instrument Development and Over Time Comparisons.” This document also addresses how the NRC will compare our 2014 mail-in survey results with our previous years’ phone survey results. In addition to presenting the survey results to the Council in March, the NRC will also conduct a Next Steps Workshop for the Council and staff where the survey results will be used to create action steps. The timing of the survey will be the same as it has been in the past. The surveys will be mailed in early November after the election. The total cost of the survey, including the Next Steps Workshop, is $27,960. For comparison purposes, the cost of the 2012 Community Survey was $25,000. Attached is a copy of a contract drafted by the NRC for the survey work. Staff recommends approval of the contract. Attachments NRC Contract NRC Survey Administration Mode, Instrument Development & Over Time Comparisons Page 1 AGREEMENT BETWEEN NATIONAL RESEARCH CENTER, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into this 17th day of June, 2014 by and between the City of Eden Prairie hereinafter referred to as “The Client”, and National Research Center, Inc., hereinafter referred to as “Consultant,” WITNESSETH: WHEREAS, the Client plans to undertake a survey of residents in Eden Prairie, and; WHEREAS, the Client desires to retain the services of the Consultant to conduct the project relative thereto and the planning and designing thereof as set forth in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. The Client hereby retains the Consultant for the project, to perform the services on the terms and conditions specified herein and the Consultant agrees so to serve. The parties agree that the Consultant shall be an independent contractor and shall not be an employee of the Client. The Consultant, as an independent contractor, is not entitled to workers' compensation benefits and unemployment insurance benefits, and the Consultant is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. 2. The budget and work plan are attached hereto as Exhibit A and made a part of this agreement. Consultant agrees to perform the work described in Exhibit A in compliance with all provisions of this agreement. Consultant represents that it has the requisite authority and capacity to perform all terms and conditions on Consultant's part to be performed hereunder. Consultant adjusts its rates in response to the cost of doing business. On an annual basis, the rates for staff time are evaluated. Other rates, including postage, are increased by consultant as soon as they are increased by the vendor/supplier. Should a postage increase by the United States Postal Service occur during the project at such a point that project mailings are affected; the cost increase will be passed through directly to the client. The budget in Exhibit A presumes that the project activities will be completed according to the timeline in Exhibit A. The client will be notified immediately of any potential cost increase due to work that threatens to extend past that timeframe. 3. The work will begin and be completed in accordance with Exhibit A. 4. The Client agrees to pay Consultant for services rendered pursuant to this agreement the sums set forth in the manner set forth as follows, as adjusted to reflect the omission or addition of any of the tasks set forth therein. One initial payment of $6,000 shall be made upon signing of the contract. Further payments shall be made upon billing by the Consultant, which billing shall Page 2 occur not more frequently than twice per month, and which shall identify the tasks performed for each task. Payment will be made to the Consultant within 30 calendar days. 5. The Client reserves the right to monitor and evaluate the progress and performance of the Consultant to ensure that the terms of this agreement are being satisfactorily met in accordance with the Client monitoring and evaluating criteria and standards. Consultant shall cooperate with the Client relating to such monitoring and evaluation. 6. Insurance Requirements (a) Comprehensive General Liability, The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000 each occurrence and $2,000,000 aggregate (b) Comprehensive Automobile Liability, The Consultant shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance insuring the Consultant against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Consultant whether they are owned, non - owned, or hired with a combined single limit of at least $1,000,000. Policies described in (a) and (b) above shall be for the mutual and joint benefit and protection of the Consultant and The Client. (c) Other Insurance, The Consultant shall procure and keep in force during the term of the contract Workmen's Compensation and such other insurance as may be required by any law, ordinance or governmental regulation. (d) Prior to commencement of work, the Consultant shall furnish to The Client certificates of insurance policies evidencing the required coverages if the Client so desires. The Client reserves the right to approve variations in the above requirements upon request of Consultant if, in the Client’s opinion, such variations do not substantially affect the Client’s interests. 7a. lndemnification, The Consultant hereby covenants and agrees to indemnify, defend, save, and hold the Client harmless from any and all liability, loss, costs, charges, obligations, expenses, attorneys' fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of Consultant’s negligence or any material viol ation of the contract or of any law, ordinance or regulation by the Consultant, his agents, Page 3 employees, servants, subcontractors, business invitees; or by reason of any injury or damage caused by Consultant’s negligence occurring to any person or persons whomever (including the Consultant, his agents, employees, servants, subcontractors or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Consultant, his agents, employees, servants, subcontractor or business in vitees). 7b. lndemnification, the Client hereby covenants and agrees to indemnify, defend, save, and hold the Consultant harmless from any and all liability, loss, costs, charges, obligations, expenses, attorneys' fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of Client’s negligence or any material violation of the contract or of any law, ordinance or regulation by the Client, its agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage caused by the Client’s negligence occurring to any person or persons whomever (including the Client, its agents, employees, servants, subcontractors or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Client, its agents, employees, servants, subcontractor or business invitees). 8. This agreement may be terminated by either party upon five (5) days' written notice. In the event of termination by the Client, the Client s hall be liable to pay to Consultant fees for services and expenses incurred to date of termination. 9. This agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, their successors and assigns. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under th is Agreement which the Client requests to be kept confidential, shall not be made available to any individual or organization without the Client's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the Client and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the Client during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. Page 4 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applica nt for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Conflicts. No salaried officer or employee of the Client and no member of the Council, or Commission, or Board of the Clie nt shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 14. Employees. Consultant agrees not to hire any employee or former employee of Client and Client agrees not to hire any employee or former employee of Consultant prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 15. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 16. Damages. In the event of a breach of this Agreement neither party shall be entitled to recover punitive, special or consequential damages or damages for loss of business. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the Client of Eden Prairie unless another location is mutually agreed upon by the parties. The p arties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. Page 5 CITY OF EDEN PRAIRIE By _____________________________ Its Mayor By _____________________________ Its City Manager Date: NATIONAL RESEARCH CENTER, INC Signature: Print: Date: Title: (State of Colorado) (County of Boulder) Page 6 Exhibit A Scope of Work National Research Center, Inc. (NRC) proposes to administer a five-page mailed resident survey. Following data collection, the report of results will summarize the attitudes and opinions of residents city-wide, provide select crosstabulations by respondent demographics (e.g., respondent age, gender, length of residency) as well as the geographic location of respondents place of residency. Where possible, the report of results also will provide benchmark comparisons for service ratings to the nation and a custom set of peers, as well as comparisons to previous survey years where applicable. Following is an outline of NRC’s proposed activities for this survey project. Update and finalize the survey to measure resident opinion, using the 2012 Community Survey as the starting point and to include one open-ended question. Mail the survey to 1,200 randomly selected Eden Prairie households (expecting 300-500 completed surveys) utilizing NRC's multi-contact approach: prenotification postcard and two waves of the survey. Residents from the random sample will be able to respond online, if preferred. Manage all aspects of data collection. Weight the data to more closely match the Eden Prairie 2010 Census population profile. Produce a report of results including basic frequencies of results, comparisons to previous years, benchmark comparisons, crosstabulations by select respondent demographics and geographic location and key driver analyses (to reveal service importance). The report will include an executive summary and report of results, including data presented in tables and charts, along with detailed survey methodology notes. Prepare presentation materials and make a presentation of results to the City and prepare and conduct a Next Step Workshop either that same day or the following day to the City. Cost of Services For the preceding scope of work, the total cost will be $27,960, inclusive of printing and postage costs. Project Timeline This draft timeline can be modified as needed to accommodate any scheduling needs. Task Date Design survey instrument ........................................................................................... through October 20 Design mailing materials ............................................................................................ through October 13 Design survey sample ................................................................................................. through October 13 Mail pre-notification postcard............................................................................................... November 10 Mail first wave surveys ......................................................................................................... November 17 Mail second wave of surveys ................................................................................................ November 24 Data collection, cleaning and coding of surveys ......................................................... through January 12 Electronic data entry .................................................................................................... through January 16 Data analysis and report writing ................................................................................ through February 16 Draft report sent to Eden Prairie via email for review ............................................................ February 16 Feedback from Eden Prairie on draft report due to NRC ...................................................................TBD Report finalized by NRC ....................................................................................................................TBD Final report emailed to Eden Prairie ................................ TBD (approximately one week after feedback) Presentation of results and Next Steps Workshop ........................................................ TBD (March date) Prepared by National Research Center, Inc. 1 Eden Prairie 2014 Resident Survey Survey Administration Mode Based on NRC’s experience and that of other survey researchers, we have created a table that compares the strengths of various survey administration modes (Table 1 on the following page). Though you collected responses by telephone for the 2006, 2008, 2010 and 2012 surveys, a mailed survey is recommended for the 2014 survey to gather the perspectives of Eden Prairie’s residents. A mailed survey when compared to a phone survey will maximize the amount of data that can be collected because the cost per completed mailed survey is close to half the cost of a properly completed phone survey. That means that for the same cost, more Eden Prairie residents can participate in the survey and the margin of error will shrink. A mail survey can include more questions than are typically tolerated by respondents via phone. Another reason to conduct the survey via mail is the geographic precision and associated coverage (or inclusivity). Telephone number portability, unlisted numbers, the increase of cell-only households and the low rate of matched phone numbers and physical addresses means that telephone surveys never can offer the same complete, precise geographic coverage as a mail survey. When phone calls are made to houses with a known address from listed samples, only households with listed numbers (and those are almost entirely landline households) can be reached. Such a bias in contact can undermine how representative the sample of respondents is. Furthermore, NRC’s own research demonstrates that, on average, 40% of the respondents to our mailed surveys have no land line or use their cell phones as their primary telephonic connection. Plus, including cell phone users in a telephone survey – a requirement these days for competently conducted phone surveys – adds considerably to the cost of the phone survey; cell phone interviews cost two to five times that of landline interviews. Finally, response rates by phone are significantly lower than those by mail. PEW Research recently estimated: “The percentage of households in a sample that are successfully interviewed – the response rate – has fallen dramatically. At Pew Research, the response rate of a typical telephone survey was 36% in 1997 and is just 9% today.”1 For the mail survey we propose to conduct for you, we estimate a response rate between 25% and 40%. We can promise you that virtually 100% of housing units in Eden Prairie will be included in the sampling “frame,” meaning that they all will have a known probability to be chosen for the survey. The same promise cannot be made for a telephone-based survey; a phone number linked to addresses only can deliver about 65% coverage2, at most (this varies by individual community features that influence the percent of listed phone numbers). Mixing phone and mail methods does not solve the problem. Research clearly demonstrates that responses to mailed surveys reveal more honest appraisals of city government than do surveys by phone3. Thus, it is inappropriate to simply average together phone and mail responses because of the differences in respondent candor with the two methods. 1 See http://www.people-press.org/2012/05/15/assessing-the-representativeness-of-public-opinion-surveys/ 2 Link, M. W. (2010). Address based sampling: What do we know so far? Webinar presented for the American Statistical Society. 3 Dillman, DA; Smith, J; & Christian, LM (2008). Internet, mail and mixed-mode surveys: The tailored design method (3rd ed.) Hoboken, NJ: John Wiley Co. Prepared by National Research Center, Inc. 2 Table 1: Comparison of administration methods for general population surveys Issue Phone Mail Expense per completed survey Moderately expensive Moderately inexpensive Speed of administration Moderately fast Moderately slow Typical response rate Fair Excellent Ability to obtaining candid responses Fair Excellent Elimination of interviewer bias Fair Excellent Ability to get at in-depth topics Good Good Use of visual aids Poor Good Enforcement of question order Excellent Poor Inclusion of illiterate respondents Good Poor Inclusion of young adults Poor Poor Inclusion of respondents of lower socioeconomic status Fair Fair Specifying sub-geographic locations Poor Excellent Comfort for older adults Fair Excellent © National Research Center, Inc., 2014 Instrument Development and Over Time Comparisons Because Eden Prairie will be switching from phone data collection methodology to mail, we think it important to assure you that trends for most of your evaluative questions (asking about survey quality or resident satisfaction) will be made comparable by NRC’s statistical corrections. We argued, above, that it is inappropriate to simply average together phone and mail responses because of the differences in respondent candor with the two methods. NRC has developed statistical “corrections” when integrating phone and mailed responses. Our corrections are based on years of surveying and unique experiments to assure that the most important phone responses can be compared to mailed responses. We take seriously your investment in your multi-year trend line and will work with you to assure that core questions remain unchanged. We will use our years of survey research expertise to provide guidance, including pros, cons and recommendations to Eden Prairie staff to facilitate decision making about question inclusion and creation of new questions. A conversation to discuss the survey instrument will give an important opportunity to explore the survey’s uses and the City’s objectives for individual survey questions. We expect to start with the 2012 survey and explore with you the usefulness of individual questions and question sets to determine whether each item should remain or may be ripe for revision or removal. If questions are removed from the 2012 survey for the 2014 survey, those questions will not have a comparison. Similarly, new questions on the 2014 survey will not have comparisons. We may run into the scenario where a question on the 2012 survey will be very similar to a 2014 survey question but not identical; for example we ask about quality of services on a scale of quality in one survey year and on the next we ask the same question on a scale of satisfaction. We caution making direct comparisons in these instances, however will mention the past data, when pertinent, in the reporting. We do not lightly recommend significant changes or removal of questions already in use, yet even a substantial question trend line loses value if you are not able to put those data to work for you. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Stuart Fox, Parks and Natural Resources Manager ITEM DESCRIPTION: Award Bid for Reconstruction of Soccer Field 9 at Miller Park ITEM NO.: VIII.D. Requested Action Move to: Award the contract for Reconstruction of Soccer Field #9 at Miller Park to Minnesota Dirt Works, Inc. in the amount of $469,996.50. Synopsis The City advertised for the reconstruction of the Soccer Field #9 at Miller Park. Specifications for the construction work were prepared by our consultant HTPO and the City received bids from five contractors. The proposed reconstruction work is to remove 6 inches of the existing topsoil of the field and replace it with 6 inches of drainage rock, a drain tile network and add 18 inches of engineered topsoil. A storm sewer line will be extended along the south side of fields 9, 10 and 11 to handle field drain tile discharge for this project and future field upgrades. Background The five original soccer fields at Miller Park were built in 1994 using the native soils from the property. Unfortunately the native soils are a very fine silty/sand material and the playing surfaces have been subject to drainage and compaction issues from the beginning. The very poor turf conditions create unsafe or unplayable fields which end up being closed for portions of various sport seasons. In 2009 the decision was made to redo Miller Park soccer fields 12 and 13. They were in a similar condition as Miller field 9 is currently and those two fields were reconstructed using similar engineered soils and a subsurface drain tile system. The improvement to those two fields has resulted in excellent field playability conditions with no surface compaction or water drainage issues. For that reason staff has requested funding within the Capital Improvement Plan for the systematic renovation of the three remaining soccer fields over the next 6 years. This reconstruction project is the first phase of the plan to fully renovate soccer fields 9, 10 and 11. Bid Summary and Recommendation The summary of the bids submitted is as follows: • Minnesota Dirt Works $469,996.50 • Max Steininger, Inc. $504,373.00 • G.F. Jedlicki, Inc. $553,157.00 • Peterson Companies $569,151.00 • Rachel Contracting, Inc. $577,038.00 Award Bid for Reconstruction of Soccer Field 9 at Miller Park June 17, 2014 Page 2 The engineers estimate for the project was $410,353.50. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Minnesota Dirt Works, Inc. Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin July 7, 2014 with a final completion date of October 15, 2014. Attachments HTPO Bid Tabulation Sheet HTPO Recommendation Letter CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Stuart Fox, Parks and Natural Resources Manager ITEM DESCRIPTION: Reject Bid for Tennis and Basketball Court Reconstruction at Franlo Park ITEM NO.: VIII.E. Requested Action Move to: Reject the bids for tennis and basketball court reconstruction at Franlo Park. Synopsis The City advertised for the total reconstruction of the tennis/basketball court area at Franlo Park. Specifications for the work were prepared by city staff and five contractors received copies of the plans. Only one bid submittal for the project was received contractor. This bid was nearly $100,000 over the estimated cost for the project. Bid Summary and Recommendation The only bid that was submitted was: Northwest Asphalt, Inc. $249,485.00 Staff recommends the bid be rejected and the bid surety be returned to the bidder. Staff will be reviewing options for the rebidding of this project at a later date. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION: Contract for Professional Services for Construction Materials Testing and Inspections for the Aquatic Expansion ITEM NO.: VIII.F. Requested Action Move to: Approve the Professional Services Agreement with Braun Intertec Corporation in the amount of $43,438.50 for Construction Materials Testing and Inspections Related to the Aquatics Expansion Project. Synopsis The plans and specifications for the aquatics expansion project call for special inspections and materials testing. This service insures that quality methods and materials are used during the construction process. A detailed list of the items can be found in the attached proposal for special inspections and testing services. The city has worked with Braun Intertec Corporation on many projects in the past and has found them to be a outstanding resource and expert for quality control and assurance. This item will be funded within the total cost of the project. Attachment Professional Services Agreement with Braun Intertec Corporation CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION: Award Bids and Assign Contracts to RJM Construction for the Aquatics Expansion Project ITEM NO.: VIII.G. Requested Action Move to: Award Bids and Assign the Contracts to RJM Construction for the Aquatics Expansion Project Synopsis At the May 6, 2014 City Council meeting, the council authorized awarding bids for most of the categories related to the project. Several bid categories were impacted by selected alternates and have been clarified and submitted at this time. These clarifications are described in the attached Bid Summary and Assignment of Contracts. The amounts of all of the recommended categories at this time have been previously included in the Guaranteed Maximum Price and will not increase the previously approved contract amount. Attachments Assignment of Contracts and Exhibit A - Bid Summary ASSIGNMENT OF CONTRACT THIS AGREEMENT is made as of 17th day of June, 2014, by City of Eden Prairie a Minnesota municipal corporation (“City”), and RJM Construction, a Minnesota corporation (“Contractor”). RECITALS: WHEREAS City and Contractor have entered into that certain Standard Form of Agreement Between Owner and Construction Manager dated as of March 26, 2014 whereby Contractor undertakes the construction management of project known as the “Eden Prairie Expansion and Renovation, Eden Prairie Community Center.” WHEREAS the Contract requires that City assign to Contractor all of City’s rights in and to contracts for the construction of the Work (as defined in the Contract) which have been competitively bid and awarded by the City. A list of all such contracts is attached as Exhibit A hereto. NOW, THEREFORE, in consideration of the mutual promise and agreements made in the Contract and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged: 1. City hereby grants, transfers and assigns to Contractor all of its right, title and interest in and to the contracts identified on Exhibit A hereto. 2. The undersigned Contractor hereby consents to this Assignment and agrees to perform all of its obligations under the Contract for the benefit of City 3. This Assignment shall be binding upon and inure to the benefit of the City and Contractor and their respective heirs, successors and assigns, as the case may be. 4. This Assignment may be signed in more than one counterpart, together which shall constitute an original document. IN WITNESS WHEREOF, City and Contractor have executed this Assignment as of the above date. CITY OF EDEN PRAIRIE _________________________________________ By: Nancy Tyra-Lukens Its: Mayor _________________________________________ By: Rick Getschow Its: City Manager RJM CONSTRUCTION, a Minnesota corporation _________________________________________ By: Robert Jossart Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________, 2014, by Nancy Tyra-Lukens and Rick Getschow, the Mayor and City Manager respectively of the City of Eden Prairie, a Minnesota municipal corporation on behalf of the municipal corporation. ___________________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ day of _______, 2014, by Robert Jossart, President of RJM Construction, a Minnesota corporation, on behalf of the corporation. ___________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow, (93592) Gregerson, Rosow, Johnson & Nilan, Ltd 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402 Telephone: (612) 338-0755 Facsimile: (612) 349-6718 CITY COUNCIL AGENDA SECTION: Report of the Parks and Recreation Director DATE: June 17, 2014 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: 4th of July Fireworks Contract – RES Specialty Pyrotechnics ITEM NO.: VIII.H. Requested Action Move to: Approve a $25,000 Professional Services Agreement with RES Specialty Pyrotechnics to provide Fireworks at the 4th of July Hometown Celebration at Round Lake Park. Synopsis The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the past 30 years. RES Specialty Pyrotechnics has been a part of that celebration for 11 years. Last year the budget was expanded from $20,000 to $25,000 and greatly increased the intensity of the main show and enhanced the finale. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2014, with a budget of $25,000. Background In 2013, Parks and Recreation staff asked for proposals from two fireworks companies, RES Specialty Pyrotechnics and Pyrotechnic display for both 2013 and 2014. After reviewing the proposals closely and meeting with representatives from both companies, we have decided to work with RES Specialty Pyrotechnics again this year. RES has always provided an outstanding fireworks display in Eden Prairie. They also work well with the Parks and Recreation staff and the Fire Department. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. Attachment Professional services contract for RES Specialty Pyrotechnics CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Stuart Fox, Parks and Natural Resources Manager ITEM DESCRIPTION: Community Garden Plot Lease Agreement with Metropolitan Airport Commission ITEM NO.: VIII.I. Requested Action Move to: Authorize the City to sign a one year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). Synopsis This lease is for a 3.17 acre land parcel of MAC Property adjacent to the Super America gas station (on the corner of Pioneer Trail and Old Pioneer Trail). The garden plots are rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The original lease agreement between the City and MAC expired December 31, 2013. The MAC has prepared a one year lease agreement at the rental rate of $432.99 for the city to continue to use this property for the community garden program. Background The city has leased this parcel of land from the MAC for Community Garden use for many years. With the recent airport re-zoning approval this land parcel is now being marketed as a potential commercial development site. The staff requested a one year lease extension of the garden plot lease due to our inability to find a suitable location for the garden plots so close to the start of the 2014 gardening season. MAC indicated that the city’s lease of the property for garden plots could be extended for one year only. The city staff is exploring options for relocation of these community garden plots to other locations within the city for the 2015 season. Attachment Community Garden Plots Lease Agreement CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: June 17, 2014 DEPARTMENT/DIVISION: Stuart Fox, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Contract for Professional Services for the Miller Park Soccer Field #9 Reconstruction Project ITEM NO.: VIII.J. Requested Action Move to: Approve the Standard Agreement for Professional Services from HTPO for the Miller Park Soccer Field #9 Reconstruction Project for construction administration services at a cost not to exceed $30,000. Synopsis Laurie Johnson of Hansen, Thorp, Pellinen and Olson Inc. has provided a Scope of Services proposal that addresses the City’s request for construction administration, staking and surveying services related to the Miller Park Soccer Field #9 Reconstruction Project. Their proposal for the project estimate work with a not to exceed cost of $30,000. Background This project is the reconstruction of soccer field #9 at Miller Park including grading, storm sewer extension, drain tile installation on the field and placement of engineered soils over the drain tile to improve the safety and playability of the field. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services and Scope of Service Proposal CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Kristi Etter, IT Manager ITEM DESCRIPTION: Fiber Expansion Project ITEM NO.: VIII.K. Requested Action Move to: Approve the Construction Agreement with Arvig Enterprises for Phase 4 construction to expand the fiber optic network to the Police substation at Eden Prairie Center and the Art Center. Synopsis This segment of the project will finalize the project to expand the City’s fiber data network to the police substation at Eden Prairie Center, which also includes Housing & Community Development, as well as, build out fiber to the Art Center. Funding for this project will come from the CIP budget for Fiber to LOGIS and Remote Sites for 2013 and 2014. Estimated Fiber Construction for Phase 4 sites: $ 37,890 Background Information This is the final phase of the initial fiber expansion for the City of Eden Prairie. This project will improve connectivity and provide a stable infrastructure to the city’s remote locations by eliminating the need for the Alvarion Wireless connections currently in place, as well as, create redundancy in the network. The city has been working with Compass Consultants Inc. for construction of this fiber network for nearly two years. This is the final segment of Fiber Expansion project. Attachments Arvig Construction Quote Construction Agreement 888.992.7844 Ι arvig.com Budgetary Estimate - Price Quotation Arvig® Proprietary and Confidential Date: 04/18/2014 Prepared For: Business Name: City of Eden Prairie Contact Person: Kristi Etter Phone Number: Email Address: Prepared By: Account Executive: Lee Peterson Phone Number: 612-390-6846 Email Address: lee.peterson@arvig.com Service Description: Construction Services Service Address(s): See below TERM ADDRESS SERVICE BANDWIDTH MRC Monthly Recurring Charge NRC Non-Recurring Charge or One- Time Installation Construction to Eden Prairie Mall Construction to site N/A $20,190 Construction to Eden Prairie Art Center Construction to site N/A $17,700 Total Cost: $37,890 Terms & Conditions: 1. This Price Proposal is confidential information and is governed by the Non-Disclosure Agreement between the parties. 2. This Proposal contains a price quote and is not a binding order for services on its own. Customer must submit a signed Service Order, and Arvig, at its sole discretion, must accept the Service Order in writing to create a binding order for Services. 3. The demarcation point for the Service shall be as stated herein, provided that if a generic demarcation point (such as a street address) is provided, the demarcation point used for the quote above shall be Arvig’s minimum point of entry (MPOE) closest to stated generic demarcation point and within 50 feet of building entrance. Bids do not include any vendor cross-connect fees. 4. Third-party charges and taxes are not included in this Proposal unless specifically stated. 5. To the extent this proposal contains pricing for On-Net Services; such pricing is valid for 45 days from the date of this Proposal. 6. Delivery of service contingent on available capacity from Arvig Network Services. Pricing Considerations: 1. Pricing and availability contingent upon final site survey and Engineering design and approval. 2. All prices quoted exclude applicable taxes, regulatory taxes, regulatory fees, assessments and other governmental fees. 3. Arvig reserves the right to correct any computational errors in this quote. 1 | Page FIBER OPTIC CONSTRUCTION AGREEMENT BETWEEN ARVIG ENTERPRISES, INC. AND THE CITY OF EDEN PRAIRIE PHASE 4 THIS FIBER OPTIC CONSTRUCTION AGREEMENT PHASE 4(“Agreement”) is entered into between ARVIG ENTERPRISES, INC., a Minnesota corporation (hereinafter referred to as “Arvig”) and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as the “City”), Arvig and the City collectively hereinafter referred to as the "Parties". RECITALS A. Arvig has constructed and maintains fiber optic networks (“Existing Network”) in the City. Arvig provides fiber optic service over the Existing Network. B. The Parties are interested in constructing and installing additional fiber (“Additional Network”), connecting the Additional Network to the Existing Network, and establishing a lease agreement detailing ownership, maintenance and service related to the Additional Network. C. The Parties desire to enter into this Agreement to outline their respective duties and obligations as it relates to above-described construction, installation, maintenance, and service. NOW, THEREFORE, in consideration of their mutual covenants the Parties agree as follows: 1. DEFINITIONS. The following terms and phrases as used in this Agreement shall mean: A. “Agreement” means this fiber optic agreement between Arvig and the City for construction, installation, maintenance, and service related to the Additional Network. B. “Additional Network” means the fiber constructed and installed pursuant to this Agreement as set forth on Exhibit A and consisting of the installation of fiber to the City’s Art Center and substation at Eden Prairie Center. C. “Fiber” means a glass strand or strands which is/are protected by a color coded buffer tube and which is/are used to transmit a communication signal along the glass strand in the form of pulses of light. 2. ARVIG’ OBLIGATIONS. A. Fiber Installation. Arvig shall: 1 of 9 i. Construct and install all fiber for the Additional Network consistent with current industry standards. All Fiber shall meet the specifications contained in RUS PE-90 attached hereto as Exhibit B. ii. Connect the fiber constructed and installed as part of the Additional Network to Arvig’s Existing Network. iii. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. Arvig shall remove all water from exterior wall penetration and prevent other water related damage. iv. For any exterior below grade wall penetrations Arvig shall meet the following core drill requirements: - Seal to prevent water infiltration. - No visible light transmission or air movement through the opening area. - Patch openings to fill remaining wall opening, be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings. v. Provide reel end splicing for all Fiber. vi. Provide, as necessary, termination for all of the Fiber. vii. Conduct pre-installation check of Fiber optic cable - verify correct fiber optic cable distance, manufacturer’s specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of Fiber must be performed and results recorded for each Fiber prior to deployment. viii. Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm. ix. Perform OTDR tests on all strands of the Fiber and store test results on floppy disk (Bellcore FMTAP format) and provide a printed report. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm. Shield continuity must be tested and verified after cable installation and splicing is complete. Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.15 dB. 2 of 9 B. Laws, Regulations, Rules and Policies. Arvig shall perform all obligations pursuant to this Agreement in compliance with all applicable laws, regulations, rules and policies. Arvig shall obtain any required permits and permissions before commencing any activity under this Agreement. C. Notification of Construction and Installation. Prior to any construction or installation of the Additional Network, Arvig shall: i. Notify the City of the times and locations of the construction or installation; ii. Provide any affected property owners with reasonable notice of the construction or installation activities; and iii. Take all appropriate safety precautions including but not limited to installation of detour and caution signs for affected roadways. D. Restoration of Damaged Property. Arvig shall restore to its previous condition any property damaged by the performance of any obligation pursuant to this Agreement within 35 days of the occurrence of the damage. If Arvig fails to restore any property within 35 days, the City may restore the property and either invoice Arvig for the cost of the restoration or offset the cost of restoration against any amounts the City owes to Arvig. Arvig shall pay any such invoice within 35 days of receipt. E. Service. Arvig shall provide fiber service to all properties connected to the Additional Network. Arvig shall be responsible for all service, rate setting and invoicing. 3. CITY OBLIGATIONS. A. Fiber Connections to Laterals. The City will coordinate with Arvig in connecting the Additional Network to the buildings. B. Repair and Maintenance of Fiber. The City shall maintain the Additional Network to industry standards. The City shall be responsible for all costs of repair and maintenance. C. Locates. The City shall be responsible for all locates of infrastructure for the Additional Network including Gopher State One Call locates. The City shall bear the cost of all locates for the Additional Network. D. Payment. The City shall pay Arvig $37,890 for the construction and installation of the Additional Network. Upon the completion of the construction and installation of the Additional Network, Arvig shall provide the City with documentation detailing the completion. The City shall pay to Arvig within 35 days of receipt of the documentation and Invoice. 4. OWNERSHIP OF FIBER. The City shall own all fiber installed as part of the Additional Network. 3 of 9 5. RELOCATION OF FACILITIES. Any relocation of facilities shall be in conformance with City policies. 6. GENERAL CONDITIONS. The City’s General Conditions to the Standard Specifications For Construction are attached hereto as Exhibit C and incorporated herein as if fully set forth. 7. INTEGRATION. The entire and integrated agreement of the Parties as contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the Parties regarding the Additional Network; whether written or oral. 8. AMENDMENTS. Amendments to this Agreement shall be effective only if in writing and executed by all Parties to the Agreement. 9. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the Parties. 11. CONTROLLING LAW. The laws of the State of Minnesota shall govern all interpretation of this Agreement. Any legal actions shall be venued in Hennepin County, Minnesota. 12. CAPTIONS. The captions or section headings in this Agreement are for convenience only and in no way defend, limit, or describe the scope or intent of any provision, section or clause of this Agreement. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. [Signature Pages to Follow] 4 of 9 ARVIG ENTERPRISES, INC. By:__________________________ Andy Klinnert Its:___________________________ By:__________________________ Its: __________________________ 5 of 9 CITY OF EDEN PRAIRIE __________________________ Nancy Tyra-Lukens, Mayor _________________________ Rick Getschow, City Manager 6 of 9 EXHIBIT A Depiction of Additional Network – Phase 4 7 of 9 EXHIBIT B Specifications 8 of 9 EXHIBIT C General Conditions 9 of 9 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Molly Koivumaki Housing and Community Services ITEM DESCRIPTION: Resolution approving the participation of the Hennepin County Housing Authority in an Eden Prairie affordable housing project. ITEM NO.: VIII.L. Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in one affordable Eden Prairie single family property. Background The City has agreed to use Community Development Block Grant funds to assist with the purchase of the property by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive funding for these projects by the Hennepin County Housing and Redevelopment Authority (HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the project at 10295 Winter Place. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT WHEREAS, WHAHLT has also been approved for funding of this project by the Hennepin County Housing and Redevelopment Authority (HCHRA); and WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) in Resolution No. 13-HCHRA-0016 has approved the use of $22,500 Affordable Housing Incentive Fund loan for the WHAHLT project at 10295 Winter Place, contingent upon the Eden Prairie Housing and Redevelopment Authority’s consent to the HCHRA’s participation in the project; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED, that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk Requested Action Adopt the resolution approving the appointment of election judges for the primary election, August 12, 2014 and general election, November 4, 2014. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Office of City Manager Kathleen Porta, City Clerk ITEM DESCRIPTION: Resolution Approving Appointment of Election Judges for the 2014 Elections ITEM NO.: VIII.M. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-62 WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 12, 2014, and/or the General Election to be held November 4, 2014. Jane Aagenes Daniel Carlos Abraira Paul Adams III Donald Affolter Londa Amundson Janelle Anderson Kenneth Anderson Sonja Anderson Leemona Armel Linda Baillie Manjit Bajwa Martha Balfanz Jessica Ballantine Bernadine Beauvais Donna Bechthold Lisa Bengston Kenneth E. Berg Michael Biermaier Gerald Biese Judith Bissonett Nancy Bollweg Burt Boudreaux Stacy Bowen Shirley Boyington Stacey Bozanich Wilson Bryce Mary Anne Bryndal Norma Buchanan Barbara Buehl Joyce Byers Eileen Canakes Karen Carl John R. Carlson James G. Clark Fay E. Clark David Clausen Barbara Clinton Curtis Connaughty Pete Connors Ellen Crump Janice Curielli Allison Curtis Kenneth Dahlager Sonja Dahlager Gene Dahlke Jayne Dakay Katherine Davis Susan Dezenski Mike Diede Lorraine Dilling Gretchen Docter John Dollerschell Helen Doyle John Thomas Doyle Sarah DuBord Joseph Dupont Daniel Dylla Gary Eckhardt Rose Ann Egan Christina Eide Loretta M. Ellison Carol E. Ellison Patrice Erickson Diane Falkum Marlene Fischer Janice Forsberg Margaret Francazio Carol Fredrickson Donnamae Fritz Ram Gada Yuanita Gamauf Tatyana Garelik Raphaela Garton Norbert Gernes June Gilbert Gordon E. Gilbert Jane Goke Kristine Goldman Diane Gotham Karen Greeninger Bonnie Grussing Arlyn Grussing Lois Hall Caryl Hansen Matthew D. Hansen Katherine Hanson Glenda Hawkins Joanne Heck Susan Hedberg Laurie Hemstock Joanne Henderson Robert Hennessey Ann Higgins Rosemarie Hilk Julayne Hill Mary Hoch Karen Hollingsworth Megan Howe Denise Howe Phyllis Jackson Linda Jenkins Kyle Johnson Mark Johnson Tracy L. Johnson Cynthia Keives Robert Kennedy Kathy Kinghorn Jeffrey Kirst Barbara Kistle Doreen Kloth Molly Koivumaki Anne Kollmeyer Thomas Krueger Mark Krueger Margaret Krueger Kristin Kuderer Judi Laurence Ruth Lawless Marlene Lawson Frederick Lee Herbert J. Legler Nancy C. Little Marjorie Loomis Karen Luchau Latha Lyer Elaine MacDonald John Mallo Diane Martin Ruth Maydole Leslie McDonald Joan McGuire Mary McKelvey Gregory Mead Kathleen Millberg Chuck Millberg Jean Myers Joyce Myhre Pamela Nesbitt Mary Ness John Newton Paul A. Nierman Victoria E. Nipper Richard A. Nondorf Joan O'Leary Alan K. Olson Sally Olson Kristen Olson Jackie Ostenson Ruth Otis William Patrek Matthew Pellowski Judy Peroutka John Peters Megan Petkoff Brad Piras Donna Piras Donald Pitsch Cheryl Poling Markus Rauser Dawn Rischmiller John Roschen Rod Rue Rosa Rummel James Sander Kay Schaffler Karen Schechter Jacqueline Schwerm Katherine Seger Stephen Shea William Shogren Patrick Slator Lisa Smith Baker Brad R. Starr V. Bruce Stenswick Charles Stone Tong Stone Gail Stroinski Wesley Sund Gerald Sundquist Jeanne Sundquist Eleanor M. Taggatz Pamela Teply Julie Toskey Kristin Traughber Judith Truc Randi Usher Patricia Vagnoni Jo M. Van Remortel Karen K. Vickman Nancy Virnig Mary Vogel Mark Voorhees Carol Wach Linda Wallace Lauren Weaver Richard Weaver Connie Lee Webber Benedict Webber Robert Webster Maurice Weiler Mary Weston June Weston Genie Williams Margaret Williamson JoAnne M. Wilson Ryan Wilson Jack Winslow Basil Wissner Cynthia Wolfe Norman York Kathie Zimmerley BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 17th day of June, 2014. _______________________ Nancy Tyra-Lukens, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager ITEM DESCRIPTION: Resolution for reimbursement of prior expenditures ITEM NO.: VIII.N. Requested Action Move to: Adopt Resolution declaring the City’s official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds. Synopsis IRS regulations require that a City make a declaration of its official intent to reimburse itself for prior expenditures out of the proceeds of a subsequently issued series of bonds and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. With this resolution, the City is declaring its intent to issue bonds as part of the financing for the Eden Prairie Road Project (just south of Riley Creek to just south of the Eden Prairie Woods development). Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the “City”), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Section 1.150-2 of the Income Tax Regulations (the “Regulations”) dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the date of issuance. (b) The Regulations generally require that the City make a declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued series of bonds within 60 days after payment of the expenditures, that the bonds be issued and the reimbursement allocation be made from the proceeds of such bonds within the reimbursement period (as defined in the Regulations), and that the expenditures reimbursed be capital expenditures or costs of issuance of the bonds. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following project or projects and to make original expenditures with respect thereto prior to the issuance of reimbursement bonds, and reasonably expects to issue reimbursement bonds for such project or projects in the maximum principal amounts shown below: Project Maximum Amount of Bonds Expected to be Issued for Project Eden Prairie Road Project (just south of Riley Creek to just south of the Eden Prairie Woods development). $3,500,000 (b) Other than (i) de minimis amounts permitted to be reimbursed pursuant to Section 1.150-2(f)(1) of the Regulations or (ii) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, the City will not seek reimbursement for any original expenditures with respect to the -1- foregoing projects paid more than 60 days prior to the date of adoption of this resolution. All original expenditures for which reimbursement is sought will be capital expenditures or costs of issuance of the reimbursement bonds. 3. Budgetary Matters. As of the date hereof, there are no City funds reserved, pledged, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, pledged, allocated on a long term basis or otherwise set aside) to provide permanent financing for the original expenditures related to the projects, other than pursuant to the issuance of the reimbursement bonds. Consequently, it is not expected that the issuance of the reimbursement bonds will result in the creation of any replacement proceeds. 4. Reimbursement Allocations. The City’s financial officer shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make payment of the original expenditures relating to the projects. Each reimbursement allocation shall be made within 30 days of the date of issuance of the reimbursement bonds, shall be evidenced by an entry on the official books and records of the City maintained for the reimbursement bonds and shall specifically identify the original expenditures being reimbursed. ADOPTED by the City Council on June 17, 2014. ___________________________ Nancy Tyra-Lukens, Mayor (Seal) ATTEST: ________________________ Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Randy Newton Public Works / Engineering ITEM DESCRIPTION: #14-5865 Approve Pioneer Trail and Valley View Road Flashing Yellow Arrow Conversion Project ITEM NO.: VIII.O. Requested Action Move to: Approve Pioneer Trail and Valley View Road Flashing Yellow Arrow Conversion Project Synopsis Hennepin County has agreed to convert the left turn traffic signals on Pioneer Trail (County Road 1) from Franlo Road to Eden Prairie Road and at the Valley View Road (County Road 39) / Market Place Drive intersection to Flashing Yellow Arrow left turns. The conversion will allow permissive left turns to occur at most of the intersections. In order for the project to move forward the City is responsible for the material costs of the conversion which are estimated at approximately $105,000. Background Information City staff has historically received a number of complaints regarding the restrictiveness of the left turn movements at Hennepin County traffic signals. In 2011, in a partnership project with Hennepin County, the City implemented a similar Flashing Yellow Arrow Conversion project on Eden Prairie Road (County Road 4) and has since received a lot of positive feedback on Flashing Yellow Arrows. Early this year city staff approached Hennepin County about the possibility of modifying the following traffic signals to allow permissive left turn movements through the use of Flashing Yellow Arrow left turn signals: • CR 1 (Pioneer Trail) / Franlo Road • CR 1 (Pioneer Trail) / Bennett Place • CR 1 (Pioneer Trail) / Homeward Hills Road • CR 1 (Pioneer Trail) / Staring Lake Parkway • CR 1 (Pioneer Trail) / Mitchell Road • CR 1 (Pioneer Trail) / CR 4 (Eden Prairie Road) • CR 39 (Valley View Rd) / Market Place Drive Hennepin County agreed to the implement the seven Flashing Yellow Arrow conversions in a similar manner to how the Eden Prairie Road project was implemented. With this agreement Hennepin County will complete the work with their maintenance forces if the City pays for the materials needed to complete the conversion. The total estimated material cost for the seven traffic signals is approximately $105,000. With the conversion to Flashing Yellow Arrow, Hennepin County has agreed to initially operate left turns that have a clear sight line in protective / permissive mode. This operation provides left turners with an initial phase in which they are provided the right-of-way (green left turn arrow) followed by a phase in which they are permitted to turn left after yielding to oncoming traffic (flashing yellow left turn arrow). If any issues unexpectedly do arise with this operation the Flashing Yellow Arrow allows the operation of the left turns to be modified to specifically target the identified problem. In addition to the seven traffic signals identified above, staff has worked with MnDOT to implement Flashing Yellow Arrow at the Valley View Road / I-494 Northbound On-Ramp and the Valley View Road / Washington Avenue intersections through existing maintenance agreements. These Flashing Yellow Arrow conversions should be completed this summer. Hennepin County has also indicated that they have tentative plans to replace the Pioneer Trail / Dell Road traffic signal with a new permanent traffic signal installation in 2015. This new traffic signal is anticipated to include Flashing Yellow Arrow left turn indications. Flashing Yellow Arrow left turn indications provide more flexibility in how left turns are operated and have been shown to be better understood by the driving public than traditional yield on green indications. Both MnDOT and Hennepin County have adopted the Flashing Yellow Arrow as their standard for left turn signals. Finances The anticipated cost of the project to the City is approximately $105,000. The project costs will be paid from the Transportation Fund. Attachments • Flashing Yellow Arrow Brochure A safer, more efficient left-turn signalA safer, more efficient left-turn signal Safer A national study demonstrated that drivers found flashing yellow left-turn arrows more understand- able than traditional yield-on-green indications (individual traffic signal lights). Less delay There are more opportunities to make a left turn with the flashing yellow left-turn arrow than with the traditional three-arrow, red, yellow and green indications. More flexibility The new traffic signals provide traffic engineers with more options to handle variable traffic volumes.. Minnesota Department of Transportation Office of Traffic, Safety and Technology 1500 West County Road B2 Roseville, MN 55113 Jerry Kotzenmacher Phone: 651-234-7054 E-mail: jerry.kotzenmacher@state.mn.us Solid red arrow: Drivers intending to turn left must stop and wait. They should not enter an intersection to turn when a solid red arrow is being displayed. Solid yellow arrow: The left-turn signal is about to change to red and drivers should prepare to stop or prepare to complete a left turn if they are legally within the intersection and there is no conflicting traffic present. Flashing yellow arrow: Drivers are allowed to turn left after yielding to all oncoming traffic and to any pedestrians in the crosswalk. Oncoming traffic has a green light. Drivers must wait for a safe gap in oncoming traffic before turning. Solid green arrow: Left turns have the right of way. Oncoming traffic has a red light. What the arrows mean Flashing yellow arrow benefits A flashing yellow arrow signal has the same meaning it always has: left turns may proceed with caution after yielding to oncoming traffic. In the past, flashing yellow arrows in Minnesota were only used when the entire traffic signal was in flash-mode. Use of the flashing yellow arrow has been shown to have several benefits includ- ing minimizing delays and enhancing safety by reducing driver errors. Flashing yellow arrow signals have been approved for widespread use by the Federal Highway Administration.. Where will the flashing yellow arrow be used? The majority of newly installed MnDOT traffic signals will have the flashing yellow arrow option. The flashing yellow arrow may be used at any intersection at any time but the most typical use will be at intersections and times-of-day that have lower volumes, lower speeds and other favorable conditions. A better left- turn signal Flashing yellow arrow signals have been shown to help drivers make fewer mistakes. They keep motorists safer during heavy traffic and reduce delays when traffic is light. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: #11-5800 Adopt Resolution Awarding Construction Contract for the southern segment of the Shady Oak Road Improvements to C.S. McCrossan Construction, Inc. ITEM NO.: VIII.P. Requested Action Move to: Adopt resolution awarding construction contract for I.C. 11-5800, southern segment of the Shady Oak Road Improvements to C.S. McCrossan Construction, Inc. Synopsis Sealed bids were received Thursday May 29, 2014 for this project. Five (5) bids were received and are summarized in the attached Consultant Recommendation Letter. The low total bid in the amount of $15,638,757.67 was submitted by C.S.McCrossan Construction, Inc. and is 11% below the Engineer’s Estimate. Staff has reviewed the bids and recommends awarding the contract for the project to C.S.McCrossan Construction, Inc. in the amount of $15,638,757.67. Background Information The southern segment of the Shady Road Improvements will provide additional capacity along Shady Oak Road and includes the widening and reconstruction of Shady Oak Road from approximately 800 feet north of Rowland Road to 600 feet east of Flying Cloud Drive. The proposed project will add turn lanes, trails and a median along Shady Oak Road. In addition, new traffic signals will be provided at the City West Parkway (Bryant Lake Dr), Highway 212 north and south ramp and Flying Cloud Drive intersections. Financial Implications As defined in the UHG Developer’s Agreement, they are responsible for portions of the southern segment’s total project costs including 23% of improvements north of City West Parkway, 100% of the City West Parkway intersection and 14% of the Highway 212 interchange. Through a separate agreement Hennepin County will be providing a maximum contribution of $5,000,000 towards project costs and MnDOT is contributing $7,000,000 from their Transportation Economic Development grant. The City will incur public utility costs for upgrading the water main and sanitary sewer throughout the corridor. These costs total to approximately $1,000,000. Attachments • Resolution • Consultant Recommendation Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014- RESOLUTION ACCEPTING BID FOR FOR THE SOUTHERN SEGMENT OF THE SHADY OAK ROAD (CSAH 61) IMPROVEMENTS I.C. 11-5800 WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 11-5800: C.S.A.H. 61 (Shady Oak Road) bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS, the City Engineer recommends award of Contract to C.S. McCrossan Construction, Inc. as the lowest responsible bidder for the Total Bid. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter in a Contract with C.S. McCrossan Construction, Inc. in the name of the City of Eden Prairie, in the amount of $15,638,757.67, in accordance with the plans and specifications for work included in the Bid thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 17, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 2011.601 VIBRATION MONITORINGLUMP SUM1$15,000.00 $15,000.00$53,000.00$53,000.00$40,000.00$40,000.00$40,000.00$40,000.00$38,364.87$38,364.87$36,000.00$36,000.002021.501 MOBILIZATIONLUMP SUM1$900,000.00 $900,000.00$690,000.00$690,000.00$841,104.00$841,104.00$930,000.00$930,000.00$1,305,000.00$1,305,000.00$930,500.00$930,500.002031.501 FIELD OFFICE TYPE DEACH1$25,000.00 $25,000.00$65,000.00$65,000.00$44,684.00$44,684.00$30,000.00$30,000.00$26,205.87$26,205.87$11,000.00$11,000.002051.501 MAINT & RESTORATION OF HAUL ROADSLUMP SUM1$2,500.00$2,500.00$1.00$1.00$84,000.00$84,000.00$1.00$1.00$1.00$1.00$1.00$1.002101.501 CLEARINGACRE12.1 $3,500.00 $42,350.00$4,350.00$52,635.00$2,000.00$24,200.00$2,500.00$30,250.00$2,026.50$24,520.65$2,670.00$32,307.002101.506 GRUBBINGACRE12.1 $3,500.00 $42,350.00$2,830.00$34,243.00$2,000.00$24,200.00$2,500.00$30,250.00$1,813.19$21,939.60$2,670.00$32,307.002102.501 PAVEMENT MARKING REMOVALSQ FT1000$1.00$1,000.00$2.00$2,000.00$2.00$2,000.00$2.00$2,000.00$1.60$1,600.00$1.80$1,800.002102.502 PAVEMENT MARKING REMOVALLIN FT5000$0.60$3,000.00$0.75$3,750.00$0.60$3,000.00$0.60$3,000.00$0.64$3,200.00$0.60$3,000.002104.501 REMOVE WATER MAINLIN FT1246$10.00$12,460.00$10.00$12,460.00$8.45$10,528.70$13.00$16,198.00$12.80$15,948.80$13.90$17,319.402104.501 REMOVE SEWER PIPE (STORM)LIN FT2387$10.00$23,870.00$12.00$28,644.00$9.35$22,318.45$13.00$31,031.00$16.00$38,192.00$14.20$33,895.402104.501REMOVE CURB & GUTTERLIN FT13000$3.00$39,000.00$2.10$27,300.00$2.15$27,950.00$3.00$39,000.00$2.59$33,670.00$3.65$47,450.002104.501REMOVE RETAINING WALLLIN FT120$50.00$6,000.00$25.00$3,000.00$9.05$1,086.00$12.00$1,440.00$9.77$1,172.40$14.70$1,764.002104.501 REMOVE CHAIN LINK FENCELIN FT2960$4.50$13,320.00$3.20$9,472.00$3.00$8,880.00$3.00$8,880.00$3.20$9,472.00$5.15$15,244.002104.501 REMOVE GUARDRAIL-PLATE BEAMLIN FT200$2.50$500.00$5.90$1,180.00$5.50$1,100.00$5.00$1,000.00$5.87$1,174.00$5.50$1,100.002104.501 REMOVE GUARDRAIL-BOX BEAMLIN FT325$2.50$812.50$7.90$2,567.50$7.20$2,340.00$5.00$1,625.00$7.68$2,496.00$7.20$2,340.002104.503 REMOVE BITUMINOUS WALKSQ FT25640$0.50$12,820.00$0.55$14,102.00$0.30$7,692.00$0.50$12,820.00$0.55$14,102.00$0.31$7,948.402104.503 REMOVE CONCRETE WALKSQ FT9680$1.00$9,680.00$0.75$7,260.00$0.40$3,872.00$0.70$6,776.00$0.73$7,066.40$0.59$5,711.202104.505 REMOVE PAVEMENTSQ YD2030$12.00$24,360.00$8.00$16,240.00$7.10$14,413.00$10.00$20,300.00$11.25$22,837.50$3.80$7,714.002104.505 REMOVE CONCRETE DRIVEWAY PAVEMENTSQ YD410$12.00$4,920.00$7.00$2,870.00$4.40$1,804.00$9.00$3,690.00$9.10$3,731.00$6.50$2,665.002104.505REMOVE CONCRETE PAVEMENTSQ YD3320$10.00$33,200.00$6.25$20,750.00$5.15$17,098.00$8.50$28,220.00$7.84$26,028.80$5.60$18,592.002104.505REMOVE BITUMINOUS DRIVEWAY PAVEMENTSQ YD5160$8.00$41,280.00$5.00$25,800.00$3.60$18,576.00$4.00$20,640.00$2.64$13,622.40$2.55$13,158.002104.505 REMOVE BITUMINOUS PAVEMENTSQ YD35970$3.00$107,910.00$2.70$97,119.00$5.60$201,432.00$3.20$115,104.00$3.62$130,211.40$2.95$106,111.502104.509 REMOVE ANCHORAGE ASSEMBLY-PLATE BEAMEACH1$200.00$200.00$195.00$195.00$180.00$180.00$500.00$500.00$191.98$191.98$180.00$180.002104.509 REMOVE CANOPYEACH1$3,000.00$3,000.00$6,000.00$6,000.00$3,225.00$3,225.00$1,500.00$1,500.00$3,829.53$3,829.53$1,530.00$1,530.002104.509 REMOVE POSTEACH11$30.00$330.00$55.00$605.00$25.00$275.00$50.00$550.00$53.33$586.63$200.00$2,200.002104.509 REMOVE LIGHTING UNITEACH15$300.00$4,500.00$280.00$4,200.00$150.59$2,258.85$350.00$5,250.00$160.97$2,414.55$153.00$2,295.002104.509 REMOVE TWISTED END TREATMENTEACH1$350.00$350.00$595.00$595.00$550.00$550.00$500.00$500.00$586.62$586.62$550.00$550.002104.509 REMOVE UTILITY VAULTEACH1$310.00$310.00$330.00$330.00$2,000.00$2,000.00$700.00$700.00$2,448.05$2,448.05$611.00$611.002104.509REMOVE MANHOLE OR CATCH BASINEACH36$300.00$10,800.00$250.00$9,000.00$323.50$11,646.00$450.00$16,200.00$426.63$15,358.68$361.00$12,996.002104.509REMOVE MANHOLEEACH1$500.00$500.00$280.00$280.00$343.00$343.00$700.00$700.00$3,733.03$3,733.03$396.00$396.002104.509 REMOVE CASTINGEACH1$250.00$250.00$200.00$200.00$169.50$169.50$150.00$150.00$133.32$133.32$68.00$68.002104.509 REMOVE GATE VALVE & BOXEACH20$150.00$3,000.00$170.00$3,400.00$211.00$4,220.00$200.00$4,000.00$202.65$4,053.00$170.00$3,400.002104.509 REMOVE CCTV POLESEACH1$800.00$800.00$240.00$240.00$301.18$301.18$600.00$600.00$320.51$320.51$307.00$307.002104.509 REMOVE LIGHT FOUNDATIONEACH17$500.00$8,500.00$280.00$4,760.00$400.50$6,808.50$400.00$6,800.00$186.65$3,173.05$509.00$8,653.002104.509 REMOVE CABINET FOUNDATIONEACH1$900.00$900.00$1,400.00$1,400.00$1,053.50$1,053.50$400.00$400.00$266.64$266.64$2,040.00$2,040.002104.509 REMOVE RAMP CONTROL SIGNAL FOUNDATIONEACH4$250.00$1,000.00$300.00$1,200.00$392.00$1,568.00$400.00$1,600.00$106.66$426.64$509.00$2,036.002104.509 REMOVE CCTV FOUNDATIONEACH1$310.00$310.00$1,400.00$1,400.00$752.00$752.00$1,000.00$1,000.00$266.64$266.64$2,040.00$2,040.002104.509REMOVE SERVICE FOUNDATIONEACH1$325.00$325.00$300.00$300.00$392.00$392.00$400.00$400.00$266.64$266.64$356.00$356.002104.509REMOVE DELINEATOREACH13$25.00$325.00$24.00$312.00$25.00$325.00$30.00$390.00$32.00$416.00$22.00$286.002104.509 REMOVE SIGN TYPE CEACH46$25.00$1,150.00$24.00$1,104.00$25.00$1,150.00$30.00$1,380.00$37.33$1,717.18$22.00$1,012.002104.509 REMOVE SIGN TYPE DEACH4$75.00$300.00$83.00$332.00$75.00$300.00$30.00$120.00$175.98$703.92$75.00$300.002104.509 REMOVE SIGN TYPE OH (BRIDGE MOUNTED)EACH1$2,500.00$2,500.00$495.00$495.00$300.00$300.00$450.00$450.00$479.96$479.96$450.00$450.002104.509 REMOVE SIGN TYPE SPECIALEACH6$5,000.00 $30,000.00$24.00$144.00$75.00$450.00$800.00$4,800.00$533.29$3,199.74$22.00$132.002104.509 REMOVE SERVICE EQUIPMENTEACH1$225.00$225.00$330.00$330.00$404.96$404.96$650.00$650.00$372.76$372.76$356.00$356.002104.509 REMOVE HANDHOLEEACH22$230.00$5,060.00$160.00$3,520.00$115.00$2,530.00$225.00$4,950.00$58.66$1,290.52$117.00$2,574.00TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNT ROADWAYUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.PAGE 1 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2104.509 REMOVE SERVICE CABINETEACH1$2,000.00$2,000.00$240.00$240.00$300.00$300.00$500.00$500.00$319.26$319.26$305.00$305.002104.509 REMOVE SERVICE CABINET BASEEACH1$500.00$500.00$300.00$300.00$392.00$392.00$400.00$400.00$293.31$293.31$305.00$305.002104.509 REMOVE CABINETEACH1$220.00$220.00$240.00$240.00$300.00$300.00$500.00$500.00$319.26$319.26$305.00$305.002104.509 REMOVE ENERGY ABSORBING TERMINALEACH2$500.00$1,000.00$595.00$1,190.00$550.00$1,100.00$500.00$1,000.00$586.62$1,173.24$550.00$1,100.002104.509 REMOVE CAMERAEACH1$150.00$150.00$160.00$160.00$225.89$225.89$350.00$350.00$240.29$240.29$229.00$229.002104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT60$4.50$270.00$8.00$480.00$7.00$420.00$7.00$420.00$5.17$310.20$8.75$525.002104.513 SAWING BIT PAVEMENT (FULL DEPTH)LIN FT3860$3.00$11,580.00$2.25$8,685.00$2.00$7,720.00$2.00$7,720.00$1.90$7,334.00$2.45$9,457.002104.523 SALVAGE HYDRANTEACH7$1,000.00$7,000.00$1,000.00$7,000.00$399.00$2,793.00$600.00$4,200.00$426.63$2,986.41$242.00$1,694.002104.523 SALVAGE DELINEATOREACH1$50.00$50.00$24.00$24.00$25.00$25.00$30.00$30.00$32.00$32.00$22.00$22.002104.523 SALVAGE RAMP CONTROL SIGNALEACH2$165.00$330.00$160.00$320.00$290.09$580.18$725.00$1,450.00$308.35$616.70$295.00$590.002104.523SALVAGE LIGHTING UNITEACH2$200.00$400.00$160.00$320.00$150.59$301.18$400.00$800.00$160.48$320.96$153.00$306.002104.523SALVAGE SERVICE CABINETEACH1$200.00$200.00$240.00$240.00$217.57$217.57$500.00$500.00$231.88$231.88$222.00$222.002104.523 SALVAGE SIGN TYPE CEACH23$50.00$1,150.00$24.00$552.00$25.00$575.00$30.00$690.00$37.33$858.59$22.00$506.002104.525 ABANDON MANHOLEEACH3$1,000.00$3,000.00$1,100.00$3,300.00$715.00$2,145.00$500.00$1,500.00$426.63$1,279.89$655.00$1,965.002104.601 REMOVE CABLESLUMP SUM1$2,000.00$2,000.00$4,800.00$4,800.00$2,498.78$2,498.78$5,000.00$5,000.00$2,674.06$2,674.06$2,550.00$2,550.002104.601 HAUL SALVAGED MATERIALLUMP SUM1$5,000.00$5,000.00$2,500.00$2,500.00$2,000.00$2,000.00$4,000.00$4,000.00$642.07$642.07$1,520.00$1,520.002104.603 ABANDON STORM SEWERLIN FT512$60.00$30,720.00$85.00$43,520.00$85.90$43,980.80$70.00$35,840.00$63.99$32,762.88$62.20$31,846.402104.603 ABANDON PIPE SEWERLIN FT715$8.00$5,720.00$8.00$5,720.00$7.55$5,398.25$9.00$6,435.00$6.40$4,576.00$4.95$3,539.252104.603 ABANDON WATER MAINLIN FT3061$8.00$24,488.00$6.00$18,366.00$6.95$21,273.95$6.00$18,366.00$5.33$16,315.13$4.05$12,397.052106.607EXCAVATION - COMMONCU YD64513$12.00$774,156.00$6.00$387,078.00$10.10$651,581.30$9.00$580,617.00$10.06$649,000.78$11.60$748,350.802106.607EXCAVATION - SUBGRADECU YD21196$10.00$211,960.00$7.70$163,209.20$10.10$214,079.60$11.00$233,156.00$11.23$238,031.08$13.50$286,146.002106.607 EXCAVATION - MUCKCU YD8840$15.00$132,600.00$9.00$79,560.00$10.50$92,820.00$15.00$132,600.00$13.81$122,080.40$13.70$121,108.002106.607 COMMON EMBANKMENT (CV)CU YD46506$4.00$186,024.00$2.80$130,216.80$2.00$93,012.00$6.00$279,036.00$0.01$465.06$8.05$374,373.302106.607 GRANULAR EMBANKMENT-MUCK (CV)CU YD7204$15.00$108,060.00$6.50$46,826.00$18.40$132,553.60$7.00$50,428.00$12.72$91,634.88$20.20$145,520.802106.607 SELECT GRANULAR EMBANKMENT (CV)CU YD27396$18.00$493,128.00$21.00$575,316.00$19.30$528,742.80$13.00$356,148.00$13.45$368,476.20$18.00$493,128.002106.607 SELECT GRANULAR EMBANKMENT MOD 10% (CV)CU YD16077$30.00$482,310.00$22.00$353,694.00$21.10$339,224.70$17.00$273,309.00$20.56$330,543.12$21.70$348,870.902106.607 SELECT GRANULAR EMBANKMENT MOD (CV)CU YD600$50.00$30,000.00$31.00$18,600.00$21.00$12,600.00$25.00$15,000.00$22.15$13,290.00$24.80$14,880.002130.501 WATERM GALLON1$30.00$30.00$50.00$50.00$106.50$106.50$45.00$45.00$79.99$79.99$59.30$59.302211.503AGGREGATE BASE (CV) CLASS 5CU YD14930$25.00$373,250.00$18.30$273,219.00$34.10$509,113.00$31.00$462,830.00$26.23$391,613.90$23.60$352,348.002211.503AGGREGATE BASE (CV) CLASS 6CU YD3010$30.00$90,300.00$30.00$90,300.00$33.30$100,233.00$31.00$93,310.00$23.54$70,855.40$23.60$71,036.002232.501 MILL BITUMINOUS SURFACE (2.0")SQ YD1020$5.00$5,100.00$5.00$5,100.00$5.20$5,304.00$5.00$5,100.00$5.33$5,436.60$10.70$10,914.002360.501 TYPE SP 12.5 WEARING COURSE MIX (3,C)TON14900$80.00 $1,192,000.00$68.00$1,013,200.00$70.00$1,043,000.00$68.00$1,013,200.00$72.53$1,080,697.00$74.30$1,107,070.002360.502 TYPE SP 12.5 NON WEAR COURSE MIX (3,B)TON9580$75.00$718,500.00$56.30$539,354.00$57.00$546,060.00$56.75$543,665.00$60.53$579,877.40$71.10$681,138.002401.513 TYPE F (TL-4) RAILING CONCRETE (3Y46)LIN FT195$80.00$15,600.00$73.50$14,332.50$90.00$17,550.00$90.00$17,550.00$95.99$18,718.05$250.00$48,750.002402.583 ORNAMENTAL METAL RAILING TYPE SPECIAL 1LIN FT597$120.00$71,640.00$140.00$83,580.00$110.00$65,670.00$110.00$65,670.00$117.32$70,040.04$138.00$82,386.002402.583 ORNAMENTAL METAL RAILING TYPE SPECIAL 2LIN FT676$100.00$67,600.00$130.00$87,880.00$100.00$67,600.00$100.00$67,600.00$106.66$72,102.16$123.00$83,148.002406.553 BRIDGE APPROACH PANELSSQ YD1490$130.00$193,700.00$160.00$238,400.00$80.00$119,200.00$90.00$134,100.00$85.33$127,141.70$122.00$181,780.002411.501STRUCTURAL CONCRETE (1A43)CU YD225$700.00$157,500.00$475.00$106,875.00$400.00$90,000.00$400.00$90,000.00$426.63$95,991.75$609.00$137,025.002411.501STRUCTURAL CONCRETE (3Y43)CU YD759$800.00$607,200.00$850.00$645,150.00$500.00$379,500.00$500.00$379,500.00$533.29$404,767.11$685.00$519,915.002411.511 STRUCTURE EXCAVATION CLASS UCU YD2943$20.00$58,860.00$10.50$30,901.50$12.80$37,670.40$16.00$47,088.00$12.38$36,434.34$23.60$69,454.802411.541 REINFORCEMENT BARSPOUND 19851$1.10$21,836.10$1.10$21,836.10$1.00$19,851.00$1.00$19,851.00$1.07$21,240.57$1.16$23,027.162411.541 REINFORCEMENT BARS (EPOXY COATED)POUND 52232$1.25$65,290.00$1.20$62,678.40$1.10$57,455.20$1.10$57,455.20$1.17$61,111.44$1.21$63,200.722411.601 DRAINAGE SYSTEM WALL 1LUMP SUM1$3,000.00$3,000.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$5,070.00$5,070.002411.601 DRAINAGE SYSTEM WALL 2LUMP SUM1$2,000.00$2,000.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$2,940.00$2,940.002411.601 DRAINAGE SYSTEM WALL 3LUMP SUM1$2,000.00$2,000.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$1,570.00$1,570.00PAGE 2 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2411.601 DRAINAGE SYSTEM WALL 4LUMP SUM1$5,000.00$5,000.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$4,200.00$4,200.002411.601 DRAINAGE SYSTEM WALL 5LUMP SUM1$2,500.00$2,500.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$2,420.00$2,420.002411.601 DRAINAGE SYSTEM WALL 6LUMP SUM1$2,500.00$2,500.00$8,500.00$8,500.00$5,000.00$5,000.00$6,000.00$6,000.00$5,332.90$5,332.90$2,090.00$2,090.002411.604 ARCHITECTURAL COLOR SYSTEMSQ YD1463$40.00$58,520.00$21.00$30,723.00$20.00$29,260.00$20.00$29,260.00$21.33$31,205.79$25.30$37,013.902411.618 ANTI-GRAFFITI COATINGSQ FT19027$1.40$26,637.80$1.00$19,027.00$1.75$33,297.25$1.75$33,297.25$1.87$35,580.49$1.25$23,783.752411.618 SPECIAL SURFACE FINISHSQ FT5856$2.50$14,640.00$1.60$9,369.60$3.00$17,568.00$3.00$17,568.00$3.20$18,739.20$1.65$9,662.402411.618 ARCH CONC TEXTURE (ASHLAR STONE)SQ FT8501$13.00$110,513.00$10.50$89,260.50$20.00$170,020.00$20.00$170,020.00$21.33$181,326.33$16.80$142,816.802411.618 ARCH CONC TEXTURE (CUT STONE)SQ FT3713$13.00$48,269.00$11.50$42,699.50$20.00$74,260.00$20.00$74,260.00$21.33$79,198.29$18.60$69,061.802411.618 ARCH CONCRETE TEXTURE (SPLIT FACE BLOCK)SQ FT957$13.00$12,441.00$35.00$33,495.00$20.00$19,140.00$20.00$19,140.00$21.33$20,412.81$26.10$24,977.702451.509 AGGREGATE BEDDING (CV)CU YD55$35.00$1,925.00$35.00$1,925.00$37.50$2,062.50$55.00$3,025.00$56.53$3,109.15$53.10$2,920.502451.513MEDIUM FILTER AGGREGATE (CV)CU YD25$50.00$1,250.00$65.00$1,625.00$109.50$2,737.50$65.00$1,625.00$68.26$1,706.50$49.90$1,247.502452.601STEEL SHEET PILING (TEMPORARY)LUMP SUM1$90,000.00 $90,000.00$55,000.00$55,000.00$140,000.00$140,000.00$140,000.00$140,000.00$149,321.17$149,321.17$225,700.00$225,700.002452.618 STEEL SHEET PILING (PERMANENT)SQ FT22856$30.00$685,680.00$30.00$685,680.00$20.00$457,120.00$20.00$457,120.00$21.33$487,518.48$34.90$797,674.402501.515 12" RC PIPE APRONEACH6$500.00$3,000.00$730.00$4,380.00$645.50$3,873.00$600.00$3,600.00$826.60$4,959.60$596.00$3,576.002501.515 15" RC PIPE APRONEACH12$600.00$7,200.00$750.00$9,000.00$667.50$8,010.00$600.00$7,200.00$853.26$10,239.12$649.00$7,788.002501.515 18" RC PIPE APRONEACH3$850.00$2,550.00$770.00$2,310.00$630.00$1,890.00$650.00$1,950.00$906.59$2,719.77$711.00$2,133.002501.515 21" RC PIPE APRONEACH1$900.00$900.00$890.00$890.00$729.50$729.50$650.00$650.00$959.92$959.92$772.00$772.002501.515 24" RC PIPE APRONEACH1$1,000.00$1,000.00$910.00$910.00$759.00$759.00$650.00$650.00$1,013.25$1,013.25$831.00$831.002501.515 30" RC PIPE APRONEACH1$1,200.00$1,200.00$1,100.00$1,100.00$883.00$883.00$900.00$900.00$1,119.90$1,119.90$973.00$973.002501.51554" RC PIPE APRONEACH1$2,000.00$2,000.00$2,500.00$2,500.00$2,065.50$2,065.50$1,800.00$1,800.00$2,453.13$2,453.13$2,320.00$2,320.002501.602TRASH GUARD FOR 15" PIPE APRONEACH2$300.00$600.00$200.00$400.00$443.00$886.00$275.00$550.00$346.64$693.28$263.00$526.002501.602 TRASH GUARD FOR 24" PIPE APRONEACH1$400.00$400.00$320.00$320.00$631.00$631.00$625.00$625.00$501.29$501.29$426.00$426.002501.602 TRASH GUARD FOR 30" PIPE APRONEACH1$475.00$475.00$410.00$410.00$919.00$919.00$775.00$775.00$586.62$586.62$691.00$691.002502.541 4" PERF TP PIPE DRAINLIN FT9040$12.00$108,480.00$5.00$45,200.00$3.80$34,352.00$6.25$56,500.00$11.20$101,248.00$9.10$82,264.002502.541 6" PERF PE PIPE DRAINLIN FT500$18.00$9,000.00$20.00$10,000.00$10.60$5,300.00$12.00$6,000.00$16.00$8,000.00$10.10$5,050.002503.511 6" PVC PIPE SEWERLIN FT30$35.00$1,050.00$35.90$1,077.00$20.00$600.00$14.00$420.00$21.33$639.90$26.60$798.002503.541 12" RC PIPE SEWER DES 3006 CL VLIN FT169$30.00$5,070.00$37.00$6,253.00$32.70$5,526.30$28.00$4,732.00$76.79$12,977.51$39.50$6,675.502503.541 15" RC PIPE SEWER DES 3006 CL VLIN FT5338$32.00$170,816.00$29.00$154,802.00$36.10$192,701.80$32.00$170,816.00$78.93$421,328.34$42.00$224,196.002503.54118" RC PIPE SEWER DES 3006LIN FT599$35.00$20,965.00$33.00$19,767.00$35.00$20,965.00$28.00$16,772.00$81.06$48,554.94$48.00$28,752.002503.54118" RC PIPE SEWER DES 3006 CL IIILIN FT250$40.00$10,000.00$41.00$10,250.00$43.00$10,750.00$57.00$14,250.00$82.13$20,532.50$48.30$12,075.002503.541 18" RC PIPE SEWER DES 3006 CL IVLIN FT132$40.00$5,280.00$41.00$5,412.00$36.80$4,857.60$58.00$7,656.00$95.99$12,670.68$48.60$6,415.202503.541 18" RC PIPE SEWER DES 3006 CL VLIN FT243$40.00$9,720.00$49.00$11,907.00$44.10$10,716.30$58.00$14,094.00$106.66$25,918.38$49.80$12,101.402503.541 21" RC PIPE SEWER DES 3006LIN FT11$38.00$418.00$49.00$539.00$37.90$416.90$36.00$396.00$109.86$1,208.46$79.80$877.802503.541 21" RC PIPE SEWER DES 3006 CL IVLIN FT53$40.00$2,120.00$43.00$2,279.00$72.40$3,837.20$45.00$2,385.00$115.19$6,105.07$74.60$3,953.802503.541 24" RC PIPE SEWER DES 3006LIN FT254$42.00$10,668.00$45.00$11,430.00$44.30$11,252.20$38.00$9,652.00$90.66$23,027.64$53.80$13,665.202503.541 24" RC PIPE SEWER DES 3006 CL IIILIN FT81$42.00$3,402.00$45.00$3,645.00$51.60$4,179.60$38.00$3,078.00$98.12$7,947.72$55.30$4,479.302503.541 24" RC PIPE SEWER DES 3006 CL IVLIN FT267$42.00$11,214.00$61.00$16,287.00$57.10$15,245.70$80.00$21,360.00$113.06$30,187.02$56.70$15,138.902503.54127" RC PIPE SEWER DES 3006 CL IIILIN FT157$45.00$7,065.00$53.00$8,321.00$64.60$10,142.20$45.00$7,065.00$117.32$18,419.24$61.50$9,655.502503.54127" RC PIPE SEWER DES 3006 CL IVLIN FT59$45.00$2,655.00$67.00$3,953.00$85.90$5,068.10$82.00$4,838.00$165.32$9,753.88$69.70$4,112.302503.541 30" RC PIPE SEWER DES 3006 CL IVLIN FT65$50.00$3,250.00$72.00$4,680.00$82.90$5,388.50$82.00$5,330.00$170.65$11,092.25$84.00$5,460.002503.541 54" RC PIPE SEWER DES 3006LIN FT16$150.00$2,400.00$420.00$6,720.00$158.50$2,536.00$400.00$6,400.00$277.31$4,436.96$412.00$6,592.002503.541 54" RC PIPE SEWER DES 3006 CL VLIN FT563$225.00$126,675.00$230.00$129,490.00$318.50$179,315.50$300.00$168,900.00$330.64$186,150.32$408.00$229,704.002503.602 CONNECT TO EXISTING MANHOLES (SAN)EACH1$2,000.00$2,000.00$4,000.00$4,000.00$781.00$781.00$2,000.00$2,000.00$2,666.45$2,666.45$3,300.00$3,300.002503.602 CONNECT TO EXISTING STORM SEWEREACH9$725.00$6,525.00$980.00$8,820.00$763.00$6,867.00$500.00$4,500.00$1,279.90$11,519.10$1,360.00$12,240.002503.603 CONSTRUCT 12" INSIDE DROPLIN FT11.8$250.00$2,950.00$350.00$4,130.00$216.50$2,554.70$200.00$2,360.00$234.65$2,768.87$377.00$4,448.60PAGE 3 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2503.603 10" PVC PIPE SEWERLIN FT156$50.00$7,800.00$87.00$13,572.00$102.50$15,990.00$620.00$96,720.00$186.65$29,117.40$188.00$29,328.002503.603 12" PVC PIPE SEWERLIN FT132$50.00$6,600.00$104.00$13,728.00$112.00$14,784.00$725.00$95,700.00$186.65$24,637.80$212.00$27,984.002503.603 14" HDPE PIPE SEWER (DIRECTIONALLY DRILLED)LIN FT400$125.00$50,000.00$160.00$64,000.00$537.00$214,800.00$550.00$220,000.00$533.29$213,316.00$541.00$216,400.002504.601 TEMPORARY WATER SERVICELUMP SUM1$12,000.00 $12,000.00$16,000.00$16,000.00$9,528.50$9,528.50$9,000.00$9,000.00$50,662.54$50,662.54$6,440.00$6,440.002504.602 WATERMAIN OFFSETEACH2$2,500.00$5,000.00$5,400.00$10,800.00$1,525.50$3,051.00$6,500.00$13,000.00$4,799.61$9,599.22$12,600.00$25,200.002504.602 CONNECT TO EXISTING WATER MAINEACH20$2,000.00 $40,000.00$1,240.00$24,800.00$1,473.50$29,470.00$1,200.00$24,000.00$1,706.53$34,130.60$1,650.00$33,000.002504.602 HYDRANTEACH8$3,500.00 $28,000.00$4,300.00$34,400.00$4,277.50$34,220.00$4,200.00$33,600.00$4,212.99$33,703.92$3,550.00$28,400.002504.602 ADJUST HYDRANTEACH1$500.00$500.00$800.00$800.00$727.00$727.00$800.00$800.00$799.93$799.93$1,140.00$1,140.002504.602 ADJUST VALVE BOXEACH6$350.00$2,100.00$350.00$2,100.00$241.50$1,449.00$300.00$1,800.00$1,599.87$9,599.22$391.00$2,346.002504.602 1" CORPORATION STOPEACH1$200.00$200.00$220.00$220.00$438.00$438.00$300.00$300.00$239.98$239.98$467.00$467.002504.60216" BUTTERFLY VALVE & BOXEACH5$4,000.00$20,000.00$8,200.00$41,000.00$5,264.00$26,320.00$8,600.00$43,000.00$12,265.67$61,328.35$7,600.00$38,000.002504.602 6" GATE VALVE & BOXEACH10$1,200.00 $12,000.00$1,500.00$15,000.00$1,790.50$17,905.00$1,600.00$16,000.00$1,546.54$15,465.40$1,410.00$14,100.002504.602 8" GATE VALVE & BOXEACH8$1,500.00 $12,000.00$2,000.00$16,000.00$2,316.50$18,532.00$2,000.00$16,000.00$2,026.50$16,212.00$1,870.00$14,960.002504.602 10" GATE VALVE & BOXEACH2$2,500.00$5,000.00$2,600.00$5,200.00$3,117.50$6,235.00$2,900.00$5,800.00$2,666.45$5,332.90$2,730.00$5,460.002504.602 12" GATE VALVE & BOXEACH13$3,000.00 $39,000.00$3,100.00$40,300.00$4,122.00$53,586.00$3,500.00$45,500.00$3,519.71$45,756.23$3,190.00$41,470.002504.602 8"X8" WET TAPEACH1$3,000.00$3,000.00$4,000.00$4,000.00$2,711.50$2,711.50$4,000.00$4,000.00$6,186.17$6,186.17$4,800.00$4,800.002504.602 1" CURB STOP & BOXEACH1$250.00$250.00$310.00$310.00$480.50$480.50$340.00$340.00$266.64$266.64$467.00$467.002504.602 AIR RELIEF MANHOLEEACH2$20,000.00 $40,000.00$4,400.00$8,800.00$4,069.50$8,139.00$5,000.00$10,000.00$7,359.40$14,718.80$6,060.00$12,120.002504.603 1" TYPE K COPPER PIPELIN FT140$30.00$4,200.00$38.00$5,320.00$20.50$2,870.00$21.00$2,940.00$48.00$6,720.00$40.30$5,642.002504.6036" WATERMAIN DUCTILE IRON CL 52LIN FT390$40.00$15,600.00$43.00$16,770.00$46.30$18,057.00$60.00$23,400.00$79.99$31,196.10$53.10$20,709.002504.6038" WATERMAIN DUCTILE IRON CL 52LIN FT1645$50.00$82,250.00$46.00$75,670.00$54.40$89,488.00$55.00$90,475.00$85.33$140,367.85$59.50$97,877.502504.603 10" WATERMAIN DUCTILE IRON CL 52LIN FT370$70.00$25,900.00$59.00$21,830.00$65.30$24,161.00$75.00$27,750.00$95.99$35,516.30$68.00$25,160.002504.603 12" WATERMAIN DUCTILE IRON CL 52LIN FT1960$70.00$137,200.00$60.00$117,600.00$72.00$141,120.00$85.00$166,600.00$101.32$198,587.20$74.90$146,804.002504.603 16" WATERMAIN DUCTILE IRON CL 52LIN FT1460$80.00$116,800.00$79.00$115,340.00$99.50$145,270.00$105.00$153,300.00$138.65$202,429.00$92.50$135,050.002504.603 30" STEEL CASING PIPE (JACKED)LIN FT160$700.00$112,000.00$640.00$102,400.00$655.50$104,880.00$675.00$108,000.00$1,034.58$165,532.80$544.00$87,040.002504.603 WATERMAIN SPOT REPAIRLIN FT20$1,000.00 $20,000.00$410.00$8,200.00$286.00$5,720.00$675.00$13,500.00$719.94$14,398.80$210.00$4,200.002504.604 4" POLYSTYRENE INSULATIONSQ YD71$34.00$2,414.00$62.00$4,402.00$42.80$3,038.80$45.00$3,195.00$37.33$2,650.43$32.80$2,328.802504.608 WATERMAIN FITTINGSPOUND 13550$6.00$81,300.00$5.60$75,880.00$8.70$117,885.00$4.50$60,975.00$4.27$57,858.50$3.60$48,780.002506.501CONST DRAINAGE STRUCTURE DESIGN FLIN FT305.2$550.00$167,860.00$160.00$48,832.00$204.50$62,413.40$240.00$73,248.00$271.98$83,008.30$224.00$68,364.802506.501CONST DRAINAGE STRUCTURE DESIGN GLIN FT107.7$600.00$64,620.00$250.00$26,925.00$217.50$23,424.75$360.00$38,772.00$394.63$42,501.65$338.00$36,402.602506.501 CONST DRAINAGE STRUCTURE DESIGN HLIN FT131.5$225.00$29,587.50$190.00$24,985.00$150.00$19,725.00$360.00$47,340.00$319.97$42,076.06$265.00$34,847.502506.501 CONST DRAINAGE STRUCTURE DESIGN SD-48LIN FT18$550.00$9,900.00$280.00$5,040.00$259.00$4,662.00$475.00$8,550.00$469.29$8,447.22$447.00$8,046.002506.501 CONST DRAINAGE STRUCTURE DESIGN SD-60LIN FT4.1$600.00$2,460.00$570.00$2,337.00$424.50$1,740.45$560.00$2,296.00$693.27$2,842.41$581.00$2,382.102506.501 CONST DRAINAGE STRUCTURE DESIGN SPEC 1LIN FT68.7$225.00$15,457.50$300.00$20,610.00$366.50$25,178.55$375.00$25,762.50$490.62$33,705.59$357.00$24,525.902506.501 CONST DRAINAGE STRUCTURE DES 54-4020LIN FT23.4$350.00$8,190.00$290.00$6,786.00$260.00$6,084.00$450.00$10,530.00$410.63$9,608.74$325.00$7,605.002506.501 CONST DRAINAGE STRUCTURE DES 60-4020LIN FT11.3$425.00$4,802.50$260.00$2,938.00$281.00$3,175.30$300.00$3,390.00$367.97$4,158.06$296.00$3,344.802506.501 CONST DRAINAGE STRUCTURE DES 84-4020LIN FT33.5$425.00$14,237.50$570.00$19,095.00$500.50$16,766.75$560.00$18,760.00$693.27$23,224.55$662.00$22,177.002506.502CONST DRAINAGE STRUCTURE DESIGN SPEC 2EACH1$6,800.00$6,800.00$9,300.00$9,300.00$5,666.00$5,666.00$8,300.00$8,300.00$11,732.38$11,732.38$7,850.00$7,850.002506.502CONST DRAINAGE STRUCTURE DESIGN SPEC 3EACH1$6,800.00$6,800.00$9,300.00$9,300.00$6,501.00$6,501.00$8,500.00$8,500.00$12,265.67$12,265.67$11,400.00$11,400.002506.503 RECONSTRUCT DRAINAGE STRUCTURELIN FT32.4$250.00$8,100.00$220.00$7,128.00$135.00$4,374.00$300.00$9,720.00$319.97$10,367.03$242.00$7,840.802506.516 CASTING ASSEMBLYEACH122$650.00$79,300.00$650.00$79,300.00$611.00$74,542.00$550.00$67,100.00$799.93$97,591.46$652.00$79,544.002506.522 ADJUST FRAME & RING CASTINGEACH8$600.00$4,800.00$310.00$2,480.00$235.50$1,884.00$400.00$3,200.00$399.97$3,199.76$239.00$1,912.002506.602 CONNECT INTO EXISTING DRAINAGE STRUCTUREEACH2$500.00$1,000.00$450.00$900.00$700.00$1,400.00$600.00$1,200.00$1,279.90$2,559.80$1,360.00$2,720.002506.602 SANITARY SEWER MANHOLEEACH2$3,500.00$7,000.00$8,900.00$17,800.00$3,000.00$6,000.00$2,600.00$5,200.00$3,733.03$7,466.06$6,370.00$12,740.002506.603 SANITARY SEWER MANHOLE OVERDEPTHLIN FT36.8$200.00$7,360.00$140.00$5,152.00$273.50$10,064.80$100.00$3,680.00$117.32$4,317.38$152.00$5,593.60PAGE 4 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2511.501 RANDOM RIPRAP CLASS IICU YD41.1$85.00$3,493.50$145.00$5,959.50$116.00$4,767.60$90.00$3,699.00$122.66$5,041.33$70.90$2,913.992511.501 RANDOM RIPRAP CLASS IIICU YD80$100.00$8,000.00$145.00$11,600.00$148.50$11,880.00$90.00$7,200.00$127.99$10,239.20$82.80$6,624.002511.501 RANDOM RIPRAP CLASS IVCU YD25.5$85.00$2,167.50$130.00$3,315.00$120.50$3,072.75$125.00$3,187.50$133.32$3,399.66$104.00$2,652.002521.501 5" CONCRETE WALKSQ FT2950$5.00$14,750.00$4.00$11,800.00$3.75$11,062.50$4.00$11,800.00$4.00$11,800.00$4.25$12,537.502521.501 5" CONCRETE WALK-SPECIALSQ FT5350$10.00$53,500.00$10.50$56,175.00$9.75$52,162.50$10.00$53,500.00$10.40$55,640.00$10.80$57,780.002521.501 6" CONCRETE WALKSQ FT7080$6.00$42,480.00$6.00$42,480.00$5.50$38,940.00$6.00$42,480.00$5.92$41,913.60$9.10$64,428.002521.501 6" CONCRETE WALK-REINFORCEDSQ FT360$8.00$2,880.00$8.00$2,880.00$7.50$2,700.00$8.00$2,880.00$8.00$2,880.00$26.70$9,612.002521.511 3" BITUMINOUS WALKSQ FT51350$1.50$77,025.00$1.60$82,160.00$1.73$88,835.50$2.00$102,700.00$1.71$87,808.50$2.25$115,537.502531.501 CONCRETE CURB & GUTTER DESIGN B424LIN FT10840$12.00$130,080.00$13.00$140,920.00$12.30$133,332.00$12.30$133,332.00$13.12$142,220.80$16.10$174,524.002531.501 CONCRETE CURB & GUTTER DESIGN B612LIN FT1630$15.00$24,450.00$15.00$24,450.00$13.75$22,412.50$14.00$22,820.00$14.67$23,912.10$15.80$25,754.002531.501CONCRETE CURB & GUTTER DESIGN B618LIN FT5470$12.00$65,640.00$12.00$65,640.00$10.95$59,896.50$11.00$60,170.00$11.68$63,889.60$14.60$79,862.002531.501CONCRETE CURB & GUTTER DESIGN B618 (MOD)LIN FT80$20.00$1,600.00$12.00$960.00$10.95$876.00$11.00$880.00$11.68$934.40$24.40$1,952.002531.501 CONCRETE CURB & GUTTER DESIGN B624LIN FT1570$15.00$23,550.00$15.50$24,335.00$14.40$22,608.00$15.00$23,550.00$15.36$24,115.20$17.70$27,789.002531.501 CONCRETE CURB & GUTTER DESIGN D424LIN FT5890$12.00$70,680.00$14.50$85,405.00$13.50$79,515.00$14.00$82,460.00$14.40$84,816.00$16.30$96,007.002531.507 8" CONCRETE DRIVEWAY PAVEMENTSQ YD340$60.00$20,400.00$58.00$19,720.00$54.25$18,445.00$65.00$22,100.00$57.86$19,672.40$59.40$20,196.002531.618 TRUNCATED DOMESSQ FT564$40.00$22,560.00$37.00$20,868.00$34.00$19,176.00$34.00$19,176.00$36.26$20,450.64$33.50$18,894.002533.507 PORTABLE PRECAST CONC BARRIER DES 8337LIN FT5920$18.00$106,560.00$17.00$100,640.00$14.25$84,360.00$14.00$82,880.00$16.27$96,318.40$14.50$85,840.002533.507 PORTABLE PREC CONC BAR DES 8337-ANCHOREDLIN FT570$40.00$22,800.00$41.00$23,370.00$36.00$20,520.00$35.00$19,950.00$39.46$22,492.20$32.00$18,240.002533.508 RELOCATE PORT PRECAST CONC BAR DES 8337LIN FT7010$5.00$35,050.00$3.80$26,638.00$3.25$22,782.50$3.00$21,030.00$3.47$24,324.70$3.50$24,535.002533.508RELOCATE PORT PRE CONC BAR DES 8337-ANCHLIN FT280$35.00$9,800.00$33.00$9,240.00$28.00$7,840.00$27.50$7,700.00$31.46$8,808.80$22.00$6,160.002540.602METAL BENCHEACH4$2,500.00 $10,000.00$1,350.00$5,400.00$700.00$2,800.00$1,600.00$6,400.00$1,919.85$7,679.40$1,500.00$6,000.002540.602 RELOCATE MAIL BOX SUPPORTEACH1$500.00$500.00$225.00$225.00$250.00$250.00$200.00$200.00$159.99$159.99$250.00$250.002540.603 LANDSCAPE EDGERLIN FT420$8.00$3,360.00$8.50$3,570.00$8.00$3,360.00$8.00$3,360.00$8.53$3,582.60$8.00$3,360.002540.618 CONCRETE PAVERSSQ FT11941$8.00$95,528.00$6.72$80,243.52$6.24$74,511.84$6.50$77,616.50$5.62$67,108.42$7.15$85,378.152545.511 LIGHTING UNIT TYPE SPECIAL 1EACH8$3,500.00 $28,000.00$6,400.00$51,200.00$6,367.70$50,941.60$6,500.00$52,000.00$6,148.84$49,190.72$6,480.00$51,840.002545.515 LIGHT BASE DESIGN EEACH2$700.00$1,400.00$730.00$1,460.00$1,400.00$2,800.00$700.00$1,400.00$703.94$1,407.88$1,430.00$2,860.002545.515 LIGHT BASE DESIGN E MODIFIEDEACH1$700.00$700.00$1,500.00$1,500.00$1,435.25$1,435.25$700.00$700.00$1,461.22$1,461.22$1,460.00$1,460.002545.521 2" RIGID STEEL CONDUITLIN FT25$15.00$375.00$15.00$375.00$18.68$467.00$17.00$425.00$14.51$362.75$19.00$475.002545.5232" NON-METALLIC CONDUITLIN FT225$6.00$1,350.00$6.00$1,350.00$7.71$1,734.75$7.00$1,575.00$5.81$1,307.25$7.85$1,766.252545.5233" NON-METALLIC CONDUITLIN FT240$10.00$2,400.00$7.70$1,848.00$8.43$2,023.20$10.00$2,400.00$7.41$1,778.40$8.60$2,064.002545.531 UNDERGROUND WIRE 1 COND NO 2LIN FT120$3.00$360.00$3.30$396.00$5.06$607.20$5.00$600.00$3.15$378.00$5.15$618.002545.531 UNDERGROUND WIRE 1 COND NO 4LIN FT3589$2.00$7,178.00$1.30$4,665.70$1.89$6,783.21$1.25$4,486.25$1.23$4,414.47$1.90$6,819.102545.533 DIRECT BURIED LIGHTING CABLE, 4COND NO 4LIN FT980$10.00$9,800.00$7.60$7,448.00$11.07$10,848.60$9.00$8,820.00$7.31$7,163.80$11.30$11,074.002545.541 SERVICE CABINET SECONDARY TYPE L1EACH1$5,000.00$5,000.00$4,000.00$4,000.00$3,824.70$3,824.70$4,500.00$4,500.00$3,866.36$3,866.36$3,890.00$3,890.002545.544 SERVICE EQUIPMENTEACH2$600.00$1,200.00$1.10$2.20$403.26$806.52$600.00$1,200.00$1.07$2.14$410.00$820.002545.545 EQUIPMENT PAD BEACH2$1,000.00$2,000.00$1,100.00$2,200.00$1,113.33$2,226.66$600.00$1,200.00$1,018.58$2,037.16$1,130.00$2,260.002545.602 INSTALL LIGHTING UNITEACH2$600.00$1,200.00$250.00$500.00$665.23$1,330.46$500.00$1,000.00$239.98$479.96$677.00$1,354.002545.602INSTALL SERVICE CABINETEACH1$350.00$350.00$510.00$510.00$299.04$299.04$1,000.00$1,000.00$490.62$490.62$305.00$305.002550.511CABINET FOUNDATIONEACH1$1,700.00$1,700.00$930.00$930.00$1,387.81$1,387.81$1,200.00$1,200.00$901.26$901.26$1,410.00$1,410.002550.511 CCTV FOUNDATIONEACH1$2,300.00$2,300.00$3,900.00$3,900.00$1,881.00$1,881.00$2,200.00$2,200.00$3,807.69$3,807.69$1,920.00$1,920.002550.511 RAMP CONTROL SIGNAL FOUNDATIONEACH4$515.00$2,060.00$320.00$1,280.00$724.50$2,898.00$700.00$2,800.00$303.97$1,215.88$738.00$2,952.002550.512 HANDHOLE TYPE-PVC METAL COVEREACH15$770.00$11,550.00$870.00$13,050.00$914.48$13,717.20$900.00$13,500.00$842.59$12,638.85$932.00$13,980.002550.514 FIBEROPTIC SPLICE VAULTEACH2$4,700.00$9,400.00$2,900.00$5,800.00$4,011.54$8,023.08$5,500.00$11,000.00$2,773.11$5,546.22$4,080.00$8,160.002550.515 OUTDOOR FIBER SPLICE ENCLOSUREEACH2$1,200.00$2,400.00$1,100.00$2,200.00$1,079.51$2,159.02$700.00$1,400.00$1,093.24$2,186.48$1,100.00$2,200.002550.516 BURIED CABLE SIGNEACH20$100.00$2,000.00$110.00$2,200.00$62.50$1,250.00$150.00$3,000.00$101.32$2,026.40$63.60$1,272.00PAGE 5 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2550.523 1.5" NON-METALLIC CONDUITLIN FT3400$3.00$10,200.00$4.30$14,620.00$2.80$9,520.00$3.50$11,900.00$4.16$14,144.00$2.85$9,690.002550.523 2" NON-METALLIC CONDUITLIN FT650$4.50$2,925.00$4.70$3,055.00$3.54$2,301.00$3.90$2,535.00$4.53$2,944.50$3.60$2,340.002550.523 3" NON-METALLIC CONDUITLIN FT2000$8.00$16,000.00$7.10$14,200.00$4.62$9,240.00$4.50$9,000.00$6.83$13,660.00$4.70$9,400.002550.532 POWER CABLE 1 CONDUCTOR NO 6LIN FT300$1.55$465.00$1.30$390.00$1.39$417.00$1.00$300.00$1.28$384.00$1.40$420.002550.532 POWER CABLE 3 CONDUCTOR NO 8LIN FT700$4.20$2,940.00$2.90$2,030.00$2.40$1,680.00$3.20$2,240.00$2.77$1,939.00$2.45$1,715.002550.532 SIGNAL CONTROL CABLE 6 COND NO 14LIN FT4700$1.55$7,285.00$2.80$13,160.00$2.01$9,447.00$2.00$9,400.00$2.67$12,549.00$2.05$9,635.002550.532 LEAD-IN CABLE 2 CONDUCTOR NO 14LIN FT5200$1.10$5,720.00$1.30$6,760.00$1.03$5,356.00$0.85$4,420.00$1.28$6,656.00$1.05$5,460.002550.542 LOOP DETECTOR SPLICEEACH1$150.00$150.00$105.00$105.00$107.98$107.98$200.00$200.00$101.32$101.32$110.00$110.002550.551 RAMP CONTROL SIGNAL DESIGN ONE-WAYEACH4$2,800.00 $11,200.00$2,700.00$10,800.00$355.56$1,422.24$3,000.00$12,000.00$2,586.46$10,345.84$362.00$1,448.002550.571 CCTV CABINETEACH2$2,600.00$5,200.00$3,200.00$6,400.00$3,339.49$6,678.98$4,000.00$8,000.00$3,093.08$6,186.16$3,400.00$6,800.002550.571INSTALL CABINETEACH1$500.00$500.00$480.00$480.00$300.00$300.00$850.00$850.00$463.96$463.96$2,050.00$2,050.002550.572SERVICE CABINETEACH1$2,250.00$2,250.00$2,000.00$2,000.00$2,014.45$2,014.45$2,500.00$2,500.00$1,925.18$1,925.18$2,050.00$2,050.002550.601 TEMPORARY COMMUNICATION SYSTEMLUMP SUM1$10,000.00 $10,000.00$15,000.00$15,000.00$9,167.32$9,167.32$20,000.00$20,000.00$14,569.48$14,569.48$9,330.00$9,330.002550.601 FIBER OPTIC CABLE TESTINGLUMP SUM1$13,500.00 $13,500.00$2,700.00$2,700.00$2,792.07$2,792.07$9,000.00$9,000.00$2,597.12$2,597.12$2,840.00$2,840.002550.602 CCTV HARDWAREEACH1$17,500.00 $17,500.00$13,000.00$13,000.00$14,274.72$14,274.72$13,500.00$13,500.00$12,228.34$12,228.34$14,500.00$14,500.002550.602 FIBER OPTIC PIGTAIL TERMINATIONEACH6$1,350.00$8,100.00$590.00$3,540.00$599.29$3,595.74$150.00$900.00$565.28$3,391.68$611.00$3,666.002550.602 FIBER OPTIC CABLE SPLICINGEACH2$2,500.00$5,000.00$840.00$1,680.00$982.46$1,964.92$850.00$1,700.00$810.60$1,621.20$1,000.00$2,000.002550.602 PULL VAULTEACH1$1,100.00$1,100.00$900.00$900.00$4,305.40$4,305.40$1,800.00$1,800.00$863.93$863.93$4,380.00$4,380.002550.602 NON-INTRUSIVE DETECTION HARDWAREEACH1$3,300.00$3,300.00$3,900.00$3,900.00$4,632.71$4,632.71$4,500.00$4,500.00$3,770.36$3,770.36$4,720.00$4,720.002550.602LOOP DETECTOR DESIGN PREFORMEDEACH5$700.00$3,500.00$930.00$4,650.00$638.90$3,194.50$1,200.00$6,000.00$901.26$4,506.30$650.00$3,250.002550.603ARMORED FIBER OPTIC PIGTAIL CABLE 6SMLIN FT900$1.25$1,125.00$2.10$1,890.00$1.74$1,566.00$2.00$1,800.00$1.97$1,773.00$1.75$1,575.002550.603 ARMORED FIBER OPTIC PIGTAIL CABLE 12SMLIN FT1200$2.00$2,400.00$2.10$2,520.00$2.11$2,532.00$2.00$2,400.00$2.03$2,436.00$2.15$2,580.002550.603 PRE-TERM/ARMOR FIBER OPTIC PIGTAIL 6SMLIN FT100$4.50$450.00$9.10$910.00$6.74$674.00$6.00$600.00$8.80$880.00$6.85$685.002550.603 REROUTE CABLELIN FT200$3.20$640.00$3.20$640.00$12.55$2,510.00$6.00$1,200.00$3.04$608.00$12.80$2,560.002550.603 FIBER OPTIC TRUNK CABLE 72SMLIN FT2500$2.00$5,000.00$2.40$6,000.00$2.32$5,800.00$2.30$5,750.00$2.29$5,725.00$2.35$5,875.002550.603 1.5" BORED CONDUITLIN FT300$11.00$3,300.00$11.00$3,300.00$26.13$7,839.00$14.00$4,200.00$10.61$3,183.00$26.60$7,980.002550.603 2" BORED CONDUITLIN FT300$12.00$3,600.00$12.50$3,750.00$26.47$7,941.00$14.00$4,200.00$12.05$3,615.00$27.00$8,100.002550.603 3" BORED CONDUITLIN FT400$35.00$14,000.00$19.00$7,600.00$27.97$11,188.00$17.00$6,800.00$17.87$7,148.00$28.50$11,400.002554.501TRAFFIC BARRIER DESIGN SPECIALLIN FT25$65.00$1,625.00$76.00$1,900.00$69.80$1,745.00$70.00$1,750.00$74.40$1,860.00$69.80$1,745.002554.501TRAFFIC BARRIER DESIGN B8338LIN FT50$20.00$1,000.00$25.00$1,250.00$22.90$1,145.00$23.00$1,150.00$24.41$1,220.50$22.90$1,145.002554.509 GUIDE POST TYPE BEACH24$50.00$1,200.00$55.00$1,320.00$50.00$1,200.00$60.00$1,440.00$42.85$1,028.40$40.20$964.802554.523 END TREATMENT-TANGENT TERMINALEACH1$2,800.00$2,800.00$3,150.00$3,150.00$2,900.00$2,900.00$2,900.00$2,900.00$3,093.08$3,093.08$2,900.00$2,900.002554.602 IMPACT ATTENUATOR BARRELSEACH305$200.00$61,000.00$140.00$42,700.00$150.00$45,750.00$150.00$45,750.00$143.99$43,916.95$125.00$38,125.002554.602 RELOCATE IMPACT ATTENUATOR BARRELSEACH359$50.00$17,950.00$38.50$13,821.50$30.00$10,770.00$36.00$12,924.00$42.66$15,314.94$35.00$12,565.002554.603 RECONSTRUCT TENSION CABLE GUARDRAILLIN FT90$250.00$22,500.00$32.50$2,925.00$245.00$22,050.00$270.00$24,300.00$212.00$19,080.00$130.00$11,700.002554.615 IMPACT ATTENUATOR NO 1ASSEMBLY2$10,000.00 $20,000.00$17,500.00$35,000.00$16,033.00$32,066.00$16,100.00$32,200.00$17,100.47$34,200.94$20,000.00$40,000.002554.615 IMPACT ATTENUATOR NO 2ASSEMBLY2$15,000.00 $30,000.00$29,500.00$59,000.00$27,255.00$54,510.00$27,300.00$54,600.00$29,069.63$58,139.26$30,000.00$60,000.002557.501WIRE FENCE DESIGN 60-9322LIN FT480$30.00$14,400.00$16.00$7,680.00$15.00$7,200.00$15.00$7,200.00$16.00$7,680.00$12.40$5,952.002557.501WIRE FENCE DESIGN 60V-9322LIN FT190$30.00$5,700.00$23.00$4,370.00$21.00$3,990.00$21.00$3,990.00$22.40$4,256.00$25.80$4,902.002557.523 METAL BRACE ASSEMBLY(CHAIN LINK FENCE)EACH10$500.00$5,000.00$250.00$2,500.00$235.00$2,350.00$235.00$2,350.00$250.65$2,506.50$258.00$2,580.002557.527 ELECTRICAL GROUNDEACH4$150.00$600.00$110.00$440.00$100.00$400.00$100.00$400.00$106.66$426.64$258.00$1,032.002557.603 WOVEN WIRE FENCELIN FT200$6.00$1,200.00$11.00$2,200.00$10.00$2,000.00$10.00$2,000.00$10.67$2,134.00$12.40$2,480.002557.603 CHAIN LINK SAFETY FENCELIN FT150$10.00$1,500.00$13.00$1,950.00$12.00$1,800.00$12.00$1,800.00$12.80$1,920.00$12.40$1,860.002563.601 TRAFFIC CONTROLLUMP SUM1$120,000.00 $120,000.00$88,000.00$88,000.00$88,976.00$88,976.00$130,000.00$130,000.00$84,259.80$84,259.80$119,500.00$119,500.002563.618 CONSTRUCTION SIGN-SPECIALSQ FT200$20.00$4,000.00$16.50$3,300.00$15.00$3,000.00$19.00$3,800.00$19.73$3,946.00$15.00$3,000.00PAGE 6 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2564.531 SIGN PANELS TYPE CSQ FT861.2$45.00$38,754.00$33.50$28,850.20$30.50$26,266.60$35.25$30,357.30$37.60$32,381.12$31.00$26,697.202564.531 SIGN PANELS TYPE DSQ FT197.6$50.00$9,880.00$36.00$7,113.60$34.50$6,817.20$44.50$8,793.20$47.20$9,326.72$33.00$6,520.802564.537 INSTALL SIGN TYPE CEACH2$200.00$400.00$135.00$270.00$125.00$250.00$250.00$500.00$266.64$533.28$125.00$250.002564.550 DELINEATOR TYPE X4-6EACH8$100.00$800.00$135.00$1,080.00$75.00$600.00$95.00$760.00$101.32$810.56$125.00$1,000.002565.511 TRAFFIC CONTROL SIGNAL SYSTEM ASIG SYS1$227,000.00 $227,000.00$220,000.00$220,000.00$215,118.76$215,118.76$220,000.00$220,000.00$214,654.52$214,654.52$219,000.00$219,000.002565.511 TRAFFIC CONTROL SIGNAL SYSTEM BSIG SYS1$166,000.00 $166,000.00$150,000.00$150,000.00$146,589.97$146,589.97$150,000.00$150,000.00$140,836.53$140,836.53$149,300.00$149,300.002565.511 TRAFFIC CONTROL SIGNAL SYSTEM CSIG SYS1$173,000.00 $173,000.00$150,000.00$150,000.00$155,565.14$155,565.14$160,000.00$160,000.00$148,398.58$148,398.58$158,400.00$158,400.002565.511 TRAFFIC CONTROL SIGNAL SYSTEM DSIG SYS1$234,000.00 $234,000.00$230,000.00$230,000.00$217,655.22$217,655.22$220,000.00$220,000.00$221,875.26$221,875.26$221,600.00$221,600.002565.601 EMERGENCY VEHICLE PREEMPTION SYS ALUMP SUM1$10,000.00 $10,000.00$6,600.00$6,600.00$12,502.13$12,502.13$7,000.00$7,000.00$6,335.49$6,335.49$12,700.00$12,700.002565.601 EMERGENCY VEHICLE PREEMPTION SYS BLUMP SUM1$7,000.00$7,000.00$6,000.00$6,000.00$5,337.74$5,337.74$5,000.00$5,000.00$5,759.53$5,759.53$5,440.00$5,440.002565.601EMERGENCY VEHICLE PREEMPTION SYS CLUMP SUM1$7,000.00$7,000.00$6,000.00$6,000.00$4,528.24$4,528.24$5,000.00$5,000.00$5,759.53$5,759.53$4,610.00$4,610.002565.601EMERGENCY VEHICLE PREEMPTION SYS DLUMP SUM1$13,000.00 $13,000.00$6,600.00$6,600.00$20,697.50$20,697.50$17,000.00$17,000.00$6,335.49$6,335.49$21,100.00$21,100.002565.601 TRAFFIC CONTROL INTERCONNECTIONLUMP SUM1$87,000.00 $87,000.00$41,000.00$41,000.00$24,272.65$24,272.65$46,000.00$46,000.00$39,090.15$39,090.15$24,700.00$24,700.002565.616 TEMPORARY SIGNAL SYSTEM ASYSTEM1$115,000.00 $115,000.00$87,000.00$87,000.00$71,887.52$71,887.52$100,000.00$100,000.00$84,062.48$84,062.48$73,200.00$73,200.002565.616 TEMPORARY SIGNAL SYSTEM BSYSTEM1$88,000.00 $88,000.00$71,000.00$71,000.00$55,364.27$55,364.27$65,000.00$65,000.00$68,223.78$68,223.78$56,400.00$56,400.002565.616 TEMPORARY SIGNAL SYSTEM CSYSTEM1$88,000.00 $88,000.00$72,000.00$72,000.00$54,655.67$54,655.67$70,000.00$70,000.00$67,306.52$67,306.52$55,700.00$55,700.002565.616 TEMPORARY SIGNAL SYSTEM DSYSTEM1$134,000.00 $134,000.00$110,000.00$110,000.00$72,822.58$72,822.58$125,000.00$125,000.00$108,433.84$108,433.84$74,100.00$74,100.002571.501 CONIFEROUS TREE 10' HT B BTREE4$500.00$2,000.00$730.00$2,920.00$685.00$2,740.00$700.00$2,800.00$730.60$2,922.40$685.00$2,740.002571.502 DECIDUOUS TREE 1.5" CAL CONTTREE13$250.00$3,250.00$490.00$6,370.00$465.00$6,045.00$470.00$6,110.00$495.96$6,447.48$465.00$6,045.002571.502DECIDUOUS TREE 3" CAL B BTREE108$500.00$54,000.00$590.00$63,720.00$550.00$59,400.00$550.00$59,400.00$586.62$63,354.96$550.00$59,400.002571.503ORNAMENTAL TREE 8' HT B BTREE53$250.00$13,250.00$530.00$28,090.00$495.00$26,235.00$500.00$26,500.00$527.95$27,981.35$495.00$26,235.002571.503 ORNAMENTAL TREE 2" CAL B BTREE8$250.00$2,000.00$530.00$4,240.00$495.00$3,960.00$500.00$4,000.00$527.95$4,223.60$495.00$3,960.002571.505 DECIDUOUS SHRUB NO 5 CONTSHRUB611$50.00$30,550.00$90.00$54,990.00$85.00$51,935.00$85.00$51,935.00$90.66$55,393.26$85.00$51,935.002571.506 VINES NO 1 CONTVINE15$20.00$300.00$50.00$750.00$45.00$675.00$45.00$675.00$48.00$720.00$45.00$675.002571.507 PERENNIAL NO 1 CONTPLANT1474$20.00$29,480.00$22.00$32,428.00$21.00$30,954.00$21.00$30,954.00$22.40$33,017.60$21.00$30,954.002572.501 TEMPORARY FENCELIN FT1198$5.00$5,990.00$1.50$1,797.00$1.35$1,617.30$2.00$2,396.00$1.44$1,725.12$1.35$1,617.302573.502 SILT FENCE, TYPE MSLIN FT7840$1.50$11,760.00$1.70$13,328.00$1.55$12,152.00$1.60$12,544.00$1.65$12,936.00$1.55$12,152.002573.530 STORM DRAIN INLET PROTECTIONEACH142$200.00$28,400.00$200.00$28,400.00$173.00$24,566.00$125.00$17,750.00$161.97$22,999.74$150.00$21,300.002573.533SEDIMENT CONTROL LOG TYPE WOOD FIBERLIN FT1380$3.00$4,140.00$2.50$3,450.00$2.30$3,174.00$2.30$3,174.00$2.45$3,381.00$2.30$3,174.002573.560CULVERT END CONTROLSEACH12$250.00$3,000.00$300.00$3,600.00$106.00$1,272.00$350.00$4,200.00$159.99$1,919.88$300.00$3,600.002574.508 FERTILIZER, TYPE 3POUND4520$0.65$2,938.00$0.54$2,440.80$0.51$2,305.20$0.51$2,305.20$0.54$2,440.80$0.51$2,305.202574.508 FERTILIZER, TYPE 4POUND390$0.65$253.50$1.00$390.00$0.92$358.80$1.00$390.00$0.98$382.20$0.92$358.802574.525 FILTER TOPSOIL BORROWCU YD1210$45.00$54,450.00$38.00$45,980.00$56.60$68,486.00$40.00$48,400.00$46.20$55,902.00$52.50$63,525.002574.525 LOAM TOPSOIL BORROWCU YD1286$50.00$64,300.00$33.00$42,438.00$66.30$85,261.80$42.00$54,012.00$31.29$40,238.94$49.00$63,014.002574.575 SUBSOILINGACRE15.9 $1,500.00 $23,850.00$575.00$9,142.50$500.00$7,950.00$850.00$13,515.00$799.93$12,718.89$673.00$10,700.702575.501 SEEDINGACRE11.6$250.00$2,900.00$320.00$3,712.00$295.00$3,422.00$300.00$3,480.00$314.64$3,649.82$295.00$3,422.002575.502 SEED MIXTURE 25-141POUND560$20.00$11,200.00$3.70$2,072.00$3.45$1,932.00$3.50$1,960.00$3.68$2,060.80$3.45$1,932.002575.502SEED MIXTURE 33-261POUND90$20.00$1,800.00$29.00$2,610.00$27.35$2,461.50$28.00$2,520.00$29.17$2,625.30$27.40$2,466.002575.502SEED MIXTURE 35-241POUND50$20.00$1,000.00$17.00$850.00$15.85$792.50$16.00$800.00$16.91$845.50$15.90$795.002575.505 SODDING TYPE LAWNSQ YD16$8.00$128.00$4.20$67.20$3.95$63.20$4.00$64.00$4.21$67.36$3.95$63.202575.505 SODDING TYPE SALT TOLERANTSQ YD20210$3.00$60,630.00$5.20$105,092.00$4.90$99,029.00$5.00$101,050.00$5.23$105,698.30$4.90$99,029.002575.511 MULCH MATERIAL TYPE 1TON17.9$200.00$3,580.00$220.00$3,938.00$210.00$3,759.00$210.00$3,759.00$223.98$4,009.24$210.00$3,759.002575.511 MULCH MATERIAL TYPE 3TON0.2$500.00$100.00$1,100.00$220.00$995.00$199.00$1,000.00$200.00$1,061.24$212.25$995.00$199.002575.513 MULCH MATERIAL TYPE 9CU YD5$100.00$500.00$210.00$1,050.00$115.00$575.00$115.00$575.00$122.66$613.30$115.00$575.002575.519 DISK ANCHORINGACRE9.3$200.00$1,860.00$100.00$930.00$95.00$883.50$95.00$883.50$101.32$942.28$95.00$883.50PAGE 7 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2575.523 EROSION CONTROL BLANKETS CATEGORY 3SQ YD13990$1.00$13,990.00$1.40$19,586.00$1.30$18,187.00$1.30$18,187.00$1.39$19,446.10$1.30$18,187.002575.562 HYDRAULIC MATRIX, TYPE MULCHPOUND5480$15.00$82,200.00$0.68$3,726.40$0.63$3,452.40$0.63$3,452.40$0.67$3,671.60$0.63$3,452.402575.571 RAPID STABILIZATION METHOD 3M GALLON 114.1$300.00$34,230.00$290.00$33,089.00$275.00$31,377.50$275.00$31,377.50$293.31$33,466.67$275.00$31,377.502581.501 REMOVABLE PREFORM PAVEMENT MARKING TAPE LIN FT18370$1.50$27,555.00$1.40$25,718.00$1.20$22,044.00$1.20$22,044.00$1.17$21,492.90$1.25$22,962.502582.501 PAVT MSSG (LT ARROW) EPOXYEACH12$180.00$2,160.00$130.00$1,560.00$150.00$1,800.00$150.00$1,800.00$159.99$1,919.88$155.00$1,860.002582.501 PAVT MSSG (RT ARROW) EPOXYEACH12$180.00$2,160.00$130.00$1,560.00$150.00$1,800.00$150.00$1,800.00$159.99$1,919.88$155.00$1,860.002582.501 PAVT MSSG (LT-THRU ARROW) EPOXYEACH1$250.00$250.00$250.00$250.00$225.00$225.00$225.00$225.00$239.98$239.98$232.00$232.002582.501 PAVT MSSG (RT-THRU ARROW) EPOXYEACH3$250.00$750.00$250.00$750.00$225.00$675.00$225.00$675.00$239.98$719.94$232.00$696.002582.501 PAVT MSSG (THRU ARROW) EPOXYEACH4$180.00$720.00$130.00$520.00$135.00$540.00$135.00$540.00$143.99$575.96$139.00$556.002582.502 4" SOLID LINE WHITE-PAINTLIN FT38220$0.30$11,466.00$0.16$6,115.20$0.15$5,733.00$0.17$6,497.40$0.18$6,879.60$0.18$6,879.602582.50212" SOLID LINE WHITE-PAINTLIN FT830$4.00$3,320.00$0.54$448.20$0.50$415.00$2.50$2,075.00$2.67$2,216.10$0.59$489.702582.5024" BROKEN LINE WHITE-PAINTLIN FT370$0.25$92.50$0.16$59.20$0.15$55.50$0.17$62.90$0.18$66.60$0.18$66.602582.502 8" DOTTED LINE WHITE-PAINTLIN FT170$2.00$340.00$0.54$91.80$0.50$85.00$3.00$510.00$3.20$544.00$0.59$100.302582.502 4" SOLID LINE YELLOW-PAINTLIN FT18030$0.30$5,409.00$0.16$2,884.80$0.15$2,704.50$0.18$3,245.40$0.19$3,425.70$0.18$3,245.402582.502 24" SOLID LINE YELLOW-PAINTLIN FT270$5.00$1,350.00$2.20$594.00$2.00$540.00$2.40$648.00$2.56$691.20$2.35$634.502582.502 4" DOUBLE SOLID LINE YELLOW-PAINTLIN FT8410$0.50$4,205.00$0.27$2,270.70$0.25$2,102.50$0.36$3,027.60$0.38$3,195.80$0.30$2,523.002582.502 4" SOLID LINE WHITE-POLY PREF (GR IN)LIN FT2230$4.50$10,035.00$5.60$12,488.00$4.40$9,812.00$4.40$9,812.00$4.69$10,458.70$4.55$10,146.502582.502 4" BROKEN LINE WHITE-POLY PREF (GR IN)LIN FT110$4.50$495.00$5.60$616.00$4.40$484.00$4.40$484.00$4.69$515.90$4.55$500.502582.502 4" SOLID LINE WHITE-EPOXYLIN FT5180$0.40$2,072.00$0.32$1,657.60$1.47$7,614.60$1.47$7,614.60$1.57$8,132.60$1.50$7,770.002582.5024" BROKEN LINE WHITE-EPOXYLIN FT210$0.40$84.00$0.32$67.20$1.47$308.70$1.47$308.70$1.57$329.70$1.50$315.002582.5024" SOLID LINE YELLOW-EPOXYLIN FT3020$0.40$1,208.00$0.32$966.40$1.47$4,439.40$1.47$4,439.40$1.57$4,741.40$1.50$4,530.002582.502 24" SOLID LINE YELLOW-EPOXYLIN FT180$7.00$1,260.00$12.00$2,160.00$8.00$1,440.00$8.00$1,440.00$8.53$1,535.40$8.25$1,485.002582.502 4" DOUBLE SOLID LINE YELLOW-EPOXYLIN FT1490$0.60$894.00$0.65$968.50$2.94$4,380.60$2.94$4,380.60$3.14$4,678.60$3.05$4,544.502582.502 4" SOLID LINE WHITE-EPOXY (GROUND IN)LIN FT5920$0.50$2,960.00$0.74$4,380.80$3.20$18,944.00$3.20$18,944.00$3.41$20,187.20$3.30$19,536.002582.502 24" SOLID LINE WHITE-EPOXY (GROUND IN)LIN FT380$20.00$7,600.00$20.00$7,600.00$13.60$5,168.00$13.60$5,168.00$14.51$5,513.80$14.00$5,320.002582.502 4" BROKEN LINE WHITE-EPOXY (GROUND IN)LIN FT1500$0.60$900.00$0.74$1,110.00$3.20$4,800.00$3.20$4,800.00$3.41$5,115.00$3.30$4,950.002582.502 4" SOLID LINE YELLOW-EPOXY ( GROUND IN)LIN FT80$0.60$48.00$0.86$68.80$3.20$256.00$3.20$256.00$3.41$272.80$3.30$264.002582.502 24" SOLID LINE YELLOW-EPOXY (GROUND IN)LIN FT70$25.00$1,750.00$20.00$1,400.00$13.60$952.00$13.60$952.00$14.51$1,015.70$14.00$980.002582.5024" DBLE SOLID LINE YELLOW-EPOXY (GR IN)LIN FT240$1.50$360.00$1.70$408.00$6.40$1,536.00$6.40$1,536.00$6.83$1,639.20$6.60$1,584.002582.603PAVEMENT MARKING SPECIALLIN FT300$12.00$3,600.00$9.70$2,910.00$17.50$5,250.00$17.50$5,250.00$18.67$5,601.00$18.00$5,400.002582.618 PAVEMENT MARKING SPECIALSQ FT5336$25.00$133,400.00$29.00$154,744.00$14.80$78,972.80$14.80$78,972.80$15.79$84,255.44$15.30$81,640.80 ROADWAY SUBTOTAL:$14,096,411.40$14,228,774.82$12,250,978.92 $12,719,671.50 $12,914,550.70 $13,808,711.21PAGE 8 TOTAL AMOUNTENGINEER'S ESTIMATEUNIT PRICE TOTAL AMOUNTUNIT PRICEITEM NO. ITEM DESCRIPTION UNIT QUANTITIESC.S. McCrossan, Inc.UNIT PRICE TOTAL AMOUNTBID SHEETT.H. 212 & C.S.A.H. 61 (SHADY OAK ROAD) INTERCHANGEIMPROVEMENT CONTRACT NO. 11-5800, S.P. 2763-49, S.A.P. 027-661-049, S.A.P. 181-020-030,S.A.P. 181-106-004, COUNTY PROJECT NO. 1125Eureka Construction, Inc.UNIT PRICE TOTAL AMOUNTForest Lake Contracting, Inc.UNIT PRICE TOTAL AMOUNTMax Steininger, Inc.UNIT PRICE TOTAL AMOUNTPark Construction Co.2104.601 REMOVE REGULATED WASTE MATERIAL (BRIDGE) LUMP SUM1$25,000.00 $25,000.00$4,270.00$4,270.00$5,000.00$5,000.00$5,000.00$5,000.00$5,332.90$5,332.90$30,000.00$30,000.002105.522 SELECT GRANULAR BORROW (CV)CU. YD.287$12.00$3,444.00$28.00$8,036.00$41.50$11,910.50$24.00$6,888.00$19.84$5,694.08$45.80$13,144.602401.501 STRUCTURAL CONCRETE (1A43)CU. YD.959$500.00$479,500.00$390.00$374,010.00$400.00$383,600.00$400.00$383,600.00$426.63$409,138.17$406.00$389,354.002401.501 STRUCTURAL CONCRETE (3Y43)CU. YD.1400$600.00$840,000.00$475.00$665,000.00$500.00$700,000.00$500.00$700,000.00$533.29$746,606.00$673.00$942,200.002401.501 STRUCTURAL CONCRETE (3Y46)CU. YD.6$600.00$3,600.00$3,600.00$21,600.00$1,200.00$7,200.00$1,200.00$7,200.00$1,279.90$7,679.40$2,870.00$17,220.002401.512 BRIDGE SLAB CONCRETE (3Y33HP)SQ. FT.24716$25.00$617,900.00$21.00$519,036.00$12.00$296,592.00$12.00$296,592.00$12.80$316,364.80$27.60$682,161.602401.513 TYPE MOD P-1 (TL-2) RAILING CONCRETE (3Y46)LIN. FT.515$70.00$36,050.00$78.50$40,427.50$100.00$51,500.00$100.00$51,500.00$106.66$54,929.90$176.00$90,640.002401.515 SIDEWALK CONCRETE (3Y46)SQ. FT.6920$8.00$55,360.00$9.30$64,356.00$6.00$41,520.00$6.00$41,520.00$6.40$44,288.00$13.20$91,344.002401.516 RAISED MEDIAN CONCRETE (3Y46)SQ. FT.1702$8.00$13,616.00$7.70$13,105.40$8.00$13,616.00$8.00$13,616.00$8.53$14,518.06$9.15$15,573.302401.541 REINFORCEMENT BARSPOUND 82330$1.05$86,446.50$1.00$82,330.00$1.00$82,330.00$1.00$82,330.00$1.07$88,093.10$1.02$83,976.602401.541REINFORCEMENT BARS (EPOXY COATED)POUND369730$1.10$406,703.00$1.20$443,676.00$1.10$406,703.00$1.10$406,703.00$1.17$432,584.10$1.06$391,913.802401.601 STRUCTURE EXCAVATIONLUMP SUM1$60,000.00 $60,000.00$240,000.00$240,000.00$335,258.00$335,258.00$440,000.00$440,000.00$285,912.46$285,912.46$465,200.00$465,200.002401.602 POLYCARBONATE LOGO INSERTEACH2$5,000.00 $10,000.00$8,000.00$16,000.00$5,000.00$10,000.00$5,000.00$10,000.00$5,332.90$10,665.80$5,730.00$11,460.002401.618 BRIDGE DECK PLANINGSQ. FT.26469$0.70$18,528.30$0.85$22,498.65$1.00$26,469.00$1.00$26,469.00$1.07$28,321.83$0.79$20,910.512402.583 ORNAMENTAL METAL RAILING TYPE SPECIAL 3LIN. FT.472$160.00$75,520.00$195.00$92,040.00$150.00$70,800.00$150.00$70,800.00$159.99$75,515.28$200.00$94,400.002402.595 BEARING ASSEMBLYEACH48$900.00$43,200.00$860.00$41,280.00$820.00$39,360.00$820.00$39,360.00$874.59$41,980.32$807.00$38,736.002405.502 PRESTRESSED CONCRETE BEAMS MN45LIN. FT.2197$195.00$428,415.00$180.00$395,460.00$175.00$384,475.00$175.00$384,475.00$186.65$410,070.05$179.00$393,263.002405.511 DIAPHRAGMS FOR TYPE MN45 PREST BEAMSLIN. FT.797$55.00$43,835.00$43.00$34,271.00$75.00$59,775.00$75.00$59,775.00$79.99$63,752.03$34.80$27,735.602411.604 ARCHITECTURAL COLOR SYSTEMSQ. YD.117$36.00$4,212.00$19.00$2,223.00$20.00$2,340.00$20.00$2,340.00$21.33$2,495.61$25.30$2,960.102411.618ANTI-GRAFFITI COATINGSQ. FT.14035$1.35$18,947.25$1.00$14,035.00$1.75$24,561.25$1.75$24,561.25$1.87$26,245.45$1.25$17,543.752411.618ARCHITECTURAL CONCRETE TEXTURE (CUT STONE) SQ. FT.1052$13.00$13,676.00$7.50$7,890.00$20.00$21,040.00$20.00$21,040.00$21.33$22,439.16$19.20$20,198.402411.618 ARCHITECTURAL CONCRETE TEXTURE TYPE 1SQ. FT.1101$8.00$8,808.00$8.60$9,468.60$20.00$22,020.00$20.00$22,020.00$21.33$23,484.33$19.40$21,359.402411.618 ARCHITECTURAL CONCRETE TEXTURE TYPE 2SQ. FT.349$8.00$2,792.00$8.60$3,001.40$20.00$6,980.00$20.00$6,980.00$21.33$7,444.17$31.20$10,888.802411.618 ARCHITECTURAL CONCRETE TEXTURE TYPE 3SQ. FT.561$8.00$4,488.00$8.60$4,824.60$20.00$11,220.00$20.00$11,220.00$21.33$11,966.13$26.10$14,642.102411.618 ARCHITECTURAL CONCRETE TEXTURE TYPE 4SQ. FT.4410$8.00$35,280.00$8.60$37,926.00$20.00$88,200.00$20.00$88,200.00$21.33$94,065.30$17.50$77,175.002433.618 BRIDGE PENETRATING SEALERSQ. FT.18576$1.25$23,220.00$1.60$29,721.60$1.65$30,650.40$1.65$30,650.40$1.76$32,693.76$1.25$23,220.002442.501 REMOVE EXISTING BRIDGELUMP SUM1$40,000.00 $40,000.00$70,000.00$70,000.00$152,000.00$152,000.00$152,000.00$152,000.00$162,120.13$162,120.13$458,600.00$458,600.002451.505 AGGREGATE BACKFILL (CV)CU. YD.788$15.00$11,820.00$34.00$26,792.00$53.90$42,473.20$25.00$19,700.00$19.84$15,633.92$66.70$52,559.602502.502DRAINAGE SYSTEM (B910)LUMP SUM1$4,000.00$4,000.00$5,000.00$5,000.00$3,000.00$3,000.00$3,000.00$3,000.00$3,199.74$3,199.74$6,440.00$6,440.002514.501CONCRETE SLOPE PAVINGSQ. YD.476$125.00$59,500.00$125.00$59,500.00$75.00$35,700.00$75.00$35,700.00$79.99$38,075.24$69.40$33,034.402545.509 CONDUIT SYSTEM (LIGHTING)LUMP SUM1$3,500.00$3,500.00$19,000.00$19,000.00$0.01$0.01$20,000.00$20,000.00$18,307.85$18,307.85$5,090.00$5,090.002545.509 CONDUIT SYSTEM (SIGNALS)LUMP SUM1$10,000.00 $10,000.00$21,000.00$21,000.00$0.01$0.01$26,000.00$26,000.00$20,568.99$20,568.99$5,090.00$5,090.00 BRIDGE SUBTOTAL:$3,487,361.05TOTAL OF BID: $17,583,772.45 BRIDGEBRIDGE SUBTOTALROADWAY SUBTOTAL $14,096,411.40$3,487,361.05$3,387,778.75 $3,366,293.37 $3,489,239.65 $3,520,186.06 $4,548,034.56$12,250,978.92 $12,719,671.50 $12,914,550.70 $13,808,711.21 $14,228,774.82$3,387,778.75 $3,366,293.37 $3,489,239.65 $3,520,186.06 $4,548,034.56$15,638,757.67 $16,085,964.87 $16,403,790.35 $17,328,897.27 $18,776,809.38PAGE 9 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: I.C. 13-5847 Award Contract to Rachel Contracting, Inc. for the Riverview Road Culvert Replacement at Purgatory Creek Project ITEM NO.: VIII.Q. Requested Action Move to: Award Contract to Rachel Contracting Inc. for the Riverview Road Culvert Replacement at Purgatory Creek Project in the amount of $514,124. Synopsis Bids were received on Thursday, June 5, 2014 for the Riverview Road Culvert Replacement at Purgatory Creek Project. Two bids were received and are tabulated as indicated on the attached Bid Tabulation. Background Information The City of Eden Prairie is proposing to replace an existing deteriorated culvert at Purgatory Creek that crosses under Riverview Road. This project is necessitated due to the partial failure of the existing corrugated metal pipe carrying Purgatory Creek. The section of Riverview Road at the creek was closed for approximately three weeks in July, 2013 due to the pipe failure. Temporary repairs were done to the culvert and road bed in order to reopen the roadway. The temporary repairs continue to be monitored until the permanent crossing can be constructed. Permanent drainage and utility easements will need to be acquired over a portion of the creek north of Riverview Road for the construction as well as long term maintenance of the new box culvert. The project is expected to begin in September and to be completed by November. Project Cost Summary The project will be funded through storm water utility funds. The low bid of $514,124.00 is approximately 8% higher than the Engineer’s Estimate of $475,000.00 Attachments • Recommendation of Award • Bid Tabulation June 9, 2014 Mary Krause City of Eden Prairie City Center Offices 8080 Mitchell Road Eden Prairie, MN 55344 Re: Recommendation for Award of Riverview Road Purgatory Creek Culvert Replacement (IC 13-5847) Dear Ms. Krause: Two contractor bids were submitted and opened at 10:00 a.m. on Thursday June 5, 2014 for the Riverview Road Purgatory Creek Culvert Replacement Project. Barr has reviewed both bids and has found them to be responsive to the invitation, the bid form, and contract documents. Both bids were submitted with the required bid bond. Barr tabulated and totaled the line items of each bid to check for accuracy. The engineer’s estimate for the project was $475,000. Rachel Contracting, Inc. (Rachel) submitted the low bid of $514,124 which is approximately 8% greater than the engineer’s estimate. Carl Bolander & Sons Co. submitted a bid for $664,499.69. Barr recommends Rachel for the award of this contract based upon their submitted bid. Please do not hesitate to contact me if you have additional questions. Sincerely, Cordelle Thomasma, P.E. Project Manager 952-832-2976 Attached: Bid tabulation Riverview Road/Purgatory Creek Culvert Replacement City of Eden Prairie, Minnesota Estimated Quantity 1.04A Project Mobilization/Demobilization L.S. 1 95,191.60$ $ 95,191.60 25,176.19$ $ 25,176.19 1.04B Clearing and Grubbing Trees L.S. 1 7,500.00$ $ 7,500.00 6,500.00$ $ 6,500.00 Subtotal= $ 102,691.60 $ 31,676.19 Erosion Control 1.04C Rock Construction Entrance (If Necessary)Each 1 1,050.00$ $ 1,050.00 1,250.00$ $ 1,250.00 1.04D Silt Fence L.F. 126 3.90$ $ 491.40 3.00$ $ 378.00 1.04E Sediment Control Log L.F. 50 5.60$ $ 280.00 10.00$ $ 500.00 1.04F Inlet Protection Each 2 150.00$ $ 300.00 250.00$ $ 500.00 1.04G Flotation Silt Curtain L.F. 55 20.00$ $ 1,100.00 25.00$ $ 1,375.00 1.04H Creek Sediment Control Fence Each 1 1,340.00$ $ 1,340.00 2,500.00$ $ 2,500.00 1.04I Temporary Erosion Control Blanket, Mn/DOT Cat. 1 S.Y. 410 2.80$ $ 1,148.00 2.25$ $ 922.50 Subtotal= $ 5,709.40 $ 7,425.50 Removals 1.04J Saw Cut Bituminous Pavement L.F. 72 6.00$ $ 432.00 5.00$ $ 360.00 1.04K Remove Bituminous Pavement S.Y. 391 4.00$ $ 1,564.00 4.00$ $ 1,564.00 1.04L Remove Concrete Curb & Gutter L.F. 122 3.00$ $ 366.00 3.50$ $ 427.00 1.04M Remove Storm Sewer Pipe, 30” R.C.P. L.F. 26 8.00$ $ 208.00 12.00$ $ 312.00 1.04M Remove Storm Sewer Pipe, 36” C.M.P. L.F. 14 5.00$ $ 70.00 10.00$ $ 140.00 1.04M Remove Storm Sewer Pipe, 42” C.M.P.A. L.F. 75 5.00$ $ 375.00 12.00$ $ 900.00 1.04M Remove Storm Sewer Pipe, 48” C.M.P. L.F. 21 5.00$ $ 105.00 15.00$ $ 315.00 1.04M Remove Storm Sewer Pipe, 48” R.C.P. L.F. 5 8.00$ $ 40.00 13.00$ $ 65.00 1.04M Remove Storm Sewer Pipe, 72” C.M.P. L.F. 81 9.00$ $ 729.00 100.00$ $ 8,100.00 1.04N Remove Storm Sewer M.H., 60” R.C. Dia.Each 1 1,500.00$ $ 1,500.00 1,200.00$ $ 1,200.00 1.04N Remove Storm Sewer M.H., 96” R.C. Dia.Each 1 1,700.00$ $ 1,700.00 1,200.00$ $ 1,200.00 1.04AU Remove and Salvage Existing Rip Rap L.S. 1 1,500.00$ $ 1,500.00 3,500.00$ $ 3,500.00 Subtotal= $ 8,589.00 $ 18,083.00 Culvert and Storm Sewer 1.04O Control of Water L.S. 1 13,500.00$ $ 13,500.00 45,000.00$ $ 45,000.00 1.04P Trench Excavation C.Y. 1220 9.00$ $ 10,980.00 10.00$ $ 12,200.00 1.04Q Backfill of Excavation (Common Fill with Existing Soils) (Compacted Volume) C.Y. 510 9.00$ $ 4,590.00 8.50$ $ 4,335.00 1.04R Aggregate Fill (Mn/DOT 3149.2B2) (Compacted Volume)Ton 480 22.00$ $ 10,560.00 13.50$ $ 6,480.00 1.04S Dewater for Culvert Foundation L.S. 1 18,500.00$ $ 18,500.00 52,000.00$ $ 52,000.00 1.04AH Coarse Filter Aggregate, Foundation Base (Mn/DOT 3149.2H)Ton 85 37.00$ $ 3,145.00 35.00$ $ 2,975.00 1.04T Disposal of Excavated Material C.Y. 892 5.00$ $ 4,460.00 6.50$ $ 5,798.00 1.04U 30” R.C.P. CL-IV L.F. 26 82.00$ $ 2,132.00 115.00$ $ 2,990.00 1.04U 48” R.C.P. CL-IV L.F. 23 160.00$ $ 3,680.00 185.00$ $ 4,255.00 1.04V Dow/Type HL-40 Polystyrene Closed Cell Insulation 2” Thick, (If Necessary)S.F. 96 1.75$ $ 168.00 2.00$ $ 192.00 1.04W 12’ X 7’ Precast Concrete Culvert Including 2 Headwalls & 4 Wing-walls (Includes Design) L.F. 96 1,045.00$ $ 100,320.00 1,900.00$ $ 182,400.00 1.04X Helical Pile (Includes Design) Each 30 1,430.00$ $ 42,900.00 4,350.00$ $ 130,500.00 Bid Tabulation Unit Cost Extension Unit Cost Extension Rachel Contracting, Inc. Carl Bolander & Sons Co. Bid Item Description Unit \\barr.com\projects\Mpls\23 MN\27\23271334 Riverview Road Crossing\WorkFiles\Estimates\Eng Opinion Cost 6‐5‐14.xlsx Page 1 of 2 6/5/2014 Riverview Road/Purgatory Creek Culvert Replacement City of Eden Prairie, Minnesota Estimated Quantity Bid Tabulation Unit Cost Extension Unit Cost Extension Rachel Contracting, Inc. Carl Bolander & Sons Co. Bid Item Description Unit 1.04Y Concrete Culvert Foundation (Includes Design)L.F. 240 77.00$ $ 18,480.00 75.00$ $ 18,000.00 1.04Z Install Precast Concrete Culvert, Head- Walls, & Wing-walls L.S. 1 44,000.00$ $ 44,000.00 3,800.00$ $ 3,800.00 1.04AG CL III Crushed Granite Angular Rip Rap Ton 165 57.00$ $ 9,405.00 100.00$ $ 16,500.00 1.04AH Granular Filter Aggregate (Mn/DOT 3601.2B1b)Ton 74 24.00$ $ 1,776.00 85.00$ $ 6,290.00 1.04AA Steel Pipe Railing L.F. 76 116.00$ $ 8,816.00 135.00$ $ 10,260.00 1.04AB Precast Concrete M.H., 60” Dia. Each 1 4,812.00$ $ 4,812.00 3,650.00$ $ 3,650.00 1.04AB Precast Concrete M.H., 96” Dia. Each 1 13,180.00$ $ 13,180.00 9,500.00$ $ 9,500.00 1.04AC M.H. Casting Assembly, Storm Sewer (Neenah 1733)Each 3 505.00$ $ 1,515.00 375.00$ $ 1,125.00 1.04AD Connect to Existing Storm Sewer M.H. Each 2 1,514.00$ $ 3,028.00 1,200.00$ $ 2,400.00 1.04AE Safl Baffle, (60” Dia. M.H. X 30” Pipe) Each 1 5,345.00$ $ 5,345.00 6,000.00$ $ 6,000.00 1.04AE Safl Baffle, (96” Dia. M.H. X 48” Pipe) Each 1 7,000.00$ $ 7,000.00 7,250.00$ $ 7,250.00 Subtotal= $ 332,292.00 $ 533,900.00 Creek Improvements 1.04AF Excavation for Rip Rap, Boulder Riffles, and Creek Channel C.Y. 221 19.00$ $ 4,199.00 15.00$ $ 3,315.00 1.04AH Coarse Filter Aggregate (for Riffles) (Mn/DOT 3601-2B1b)Ton 58 47.00$ $ 2,726.00 85.00$ $ 4,930.00 1.04AI Import and Place Boulder Stone (30” to 36” Average Dia.)Each 132 60.00$ $ 7,920.00 155.00$ $ 20,460.00 1.04AJ Construct Boulder Riffle L.F. 164 69.00$ $ 11,316.00 65.00$ $ 10,660.00 Subtotal= $ 26,161.00 $ 39,365.00 Paving/Restoration 1.04R Sub Base Aggregate (Mn/DOT 3149.2C)C.Y. 62 40.00$ $ 2,480.00 50.00$ $ 3,100.00 1.04AK Class 5 Aggregate (Mn/DOT 3138.2A3)C.Y. 126 31.00$ $ 3,906.00 20.00$ $ 2,520.00 1.04AL Concrete Curb & Gutter, B618 City of Eden Prairie Standard L.F. 160 27.00$ $ 4,320.00 15.00$ $ 2,400.00 1.04AM 2” Bituminous Base Course (SPNWB230B)Ton 38 173.00$ $ 6,574.00 160.00$ $ 6,080.00 1.04AN 1 ½” Bituminous Wear Course Including Tack Coat (SPWEA230B)Ton 29 173.00$ $ 5,017.00 160.00$ $ 4,640.00 1.04AO 2 ½” Bituminous Trail (SPWEB240B) Ton 10 173.00$ $ 1,730.00 160.00$ $ 1,600.00 1.04AP Site Grading S.Y. 820 5.00$ $ 4,100.00 2.50$ $ 2,050.00 1.04AQ Top Soil Borrow C.Y. 64 29.00$ $ 1,856.00 35.00$ $ 2,240.00 1.04AR Sod S.Y. 45 5.60$ $ 252.00 12.00$ $ 540.00 1.04AS Seeding, Hydro-seed W/Stabilizer, etc. AC. 0.2 5,600.00$ $ 1,120.00 5,500.00$ $ 1,100.00 1.04I Erosion Control Blanket, Mn/DOT Cat. 4 S.Y. 820 2.80$ $ 2,296.00 4.00$ $ 3,280.00 1.04AT Traffic Control L.S. 1 5,030.00$ $ 5,030.00 4,500.00$ $ 4,500.00 Subtotal= $ 38,681.00 $ 34,050.00 Total of All Bid Prices = $ 514,124.00 $ 664,499.69 \\barr.com\projects\Mpls\23 MN\27\23271334 Riverview Road Crossing\WorkFiles\Estimates\Eng Opinion Cost 6‐5‐14.xlsx Page 2 of 2 6/5/2014 Riverview Road/Purgatory Creek Culvert Replacement City of Eden Prairie, Minnesota Estimated Quantity 1.04A Project Mobilization/Demobilization L.S. 1 95,191.60$ $ 95,191.60 25,176.19$ $ 25,176.19 1.04B Clearing and Grubbing Trees L.S. 1 7,500.00$ $ 7,500.00 6,500.00$ $ 6,500.00 Subtotal= $ 102,691.60 $ 31,676.19 Erosion Control 1.04C Rock Construction Entrance (If Necessary)Each 1 1,050.00$ $ 1,050.00 1,250.00$ $ 1,250.00 1.04D Silt Fence L.F. 126 3.90$ $ 491.40 3.00$ $ 378.00 1.04E Sediment Control Log L.F. 50 5.60$ $ 280.00 10.00$ $ 500.00 1.04F Inlet Protection Each 2 150.00$ $ 300.00 250.00$ $ 500.00 1.04G Flotation Silt Curtain L.F. 55 20.00$ $ 1,100.00 25.00$ $ 1,375.00 1.04H Creek Sediment Control Fence Each 1 1,340.00$ $ 1,340.00 2,500.00$ $ 2,500.00 1.04I Temporary Erosion Control Blanket, Mn/DOT Cat. 1 S.Y. 410 2.80$ $ 1,148.00 2.25$ $ 922.50 Subtotal= $ 5,709.40 $ 7,425.50 Removals 1.04J Saw Cut Bituminous Pavement L.F. 72 6.00$ $ 432.00 5.00$ $ 360.00 1.04K Remove Bituminous Pavement S.Y. 391 4.00$ $ 1,564.00 4.00$ $ 1,564.00 1.04L Remove Concrete Curb & Gutter L.F. 122 3.00$ $ 366.00 3.50$ $ 427.00 1.04M Remove Storm Sewer Pipe, 30” R.C.P. L.F. 26 8.00$ $ 208.00 12.00$ $ 312.00 1.04M Remove Storm Sewer Pipe, 36” C.M.P. L.F. 14 5.00$ $ 70.00 10.00$ $ 140.00 1.04M Remove Storm Sewer Pipe, 42” C.M.P.A. L.F. 75 5.00$ $ 375.00 12.00$ $ 900.00 1.04M Remove Storm Sewer Pipe, 48” C.M.P. L.F. 21 5.00$ $ 105.00 15.00$ $ 315.00 1.04M Remove Storm Sewer Pipe, 48” R.C.P. L.F. 5 8.00$ $ 40.00 13.00$ $ 65.00 1.04M Remove Storm Sewer Pipe, 72” C.M.P. L.F. 81 9.00$ $ 729.00 100.00$ $ 8,100.00 1.04N Remove Storm Sewer M.H., 60” R.C. Dia.Each 1 1,500.00$ $ 1,500.00 1,200.00$ $ 1,200.00 1.04N Remove Storm Sewer M.H., 96” R.C. Dia.Each 1 1,700.00$ $ 1,700.00 1,200.00$ $ 1,200.00 1.04AU Remove and Salvage Existing Rip Rap L.S. 1 1,500.00$ $ 1,500.00 3,500.00$ $ 3,500.00 Subtotal= $ 8,589.00 $ 18,083.00 Culvert and Storm Sewer 1.04O Control of Water L.S. 1 13,500.00$ $ 13,500.00 45,000.00$ $ 45,000.00 1.04P Trench Excavation C.Y. 1220 9.00$ $ 10,980.00 10.00$ $ 12,200.00 1.04Q Backfill of Excavation (Common Fill with Existing Soils) (Compacted Volume) C.Y. 510 9.00$ $ 4,590.00 8.50$ $ 4,335.00 1.04R Aggregate Fill (Mn/DOT 3149.2B2) (Compacted Volume)Ton 480 22.00$ $ 10,560.00 13.50$ $ 6,480.00 1.04S Dewater for Culvert Foundation L.S. 1 18,500.00$ $ 18,500.00 52,000.00$ $ 52,000.00 1.04AH Coarse Filter Aggregate, Foundation Base (Mn/DOT 3149.2H)Ton 85 37.00$ $ 3,145.00 35.00$ $ 2,975.00 1.04T Disposal of Excavated Material C.Y. 892 5.00$ $ 4,460.00 6.50$ $ 5,798.00 1.04U 30” R.C.P. CL-IV L.F. 26 82.00$ $ 2,132.00 115.00$ $ 2,990.00 1.04U 48” R.C.P. CL-IV L.F. 23 160.00$ $ 3,680.00 185.00$ $ 4,255.00 1.04V Dow/Type HL-40 Polystyrene Closed Cell Insulation 2” Thick, (If Necessary)S.F. 96 1.75$ $ 168.00 2.00$ $ 192.00 1.04W 12’ X 7’ Precast Concrete Culvert Including 2 Headwalls & 4 Wing-walls (Includes Design) L.F. 96 1,045.00$ $ 100,320.00 1,900.00$ $ 182,400.00 1.04X Helical Pile (Includes Design) Each 30 1,430.00$ $ 42,900.00 4,350.00$ $ 130,500.00 Bid Tabulation Unit Cost Extension Unit Cost Extension Rachel Contracting, Inc. Carl Bolander & Sons Co. Bid Item Description Unit \\barr.com\projects\Mpls\23 MN\27\23271334 Riverview Road Crossing\WorkFiles\Estimates\Eng Opinion Cost 6‐5‐14.xlsx Page 1 of 2 6/5/2014 Riverview Road/Purgatory Creek Culvert Replacement City of Eden Prairie, Minnesota Estimated Quantity Bid Tabulation Unit Cost Extension Unit Cost Extension Rachel Contracting, Inc. Carl Bolander & Sons Co. Bid Item Description Unit 1.04Y Concrete Culvert Foundation (Includes Design)L.F. 240 77.00$ $ 18,480.00 75.00$ $ 18,000.00 1.04Z Install Precast Concrete Culvert, Head- Walls, & Wing-walls L.S. 1 44,000.00$ $ 44,000.00 3,800.00$ $ 3,800.00 1.04AG CL III Crushed Granite Angular Rip Rap Ton 165 57.00$ $ 9,405.00 100.00$ $ 16,500.00 1.04AH Granular Filter Aggregate (Mn/DOT 3601.2B1b)Ton 74 24.00$ $ 1,776.00 85.00$ $ 6,290.00 1.04AA Steel Pipe Railing L.F. 76 116.00$ $ 8,816.00 135.00$ $ 10,260.00 1.04AB Precast Concrete M.H., 60” Dia. Each 1 4,812.00$ $ 4,812.00 3,650.00$ $ 3,650.00 1.04AB Precast Concrete M.H., 96” Dia. Each 1 13,180.00$ $ 13,180.00 9,500.00$ $ 9,500.00 1.04AC M.H. Casting Assembly, Storm Sewer (Neenah 1733)Each 3 505.00$ $ 1,515.00 375.00$ $ 1,125.00 1.04AD Connect to Existing Storm Sewer M.H. Each 2 1,514.00$ $ 3,028.00 1,200.00$ $ 2,400.00 1.04AE Safl Baffle, (60” Dia. M.H. X 30” Pipe) Each 1 5,345.00$ $ 5,345.00 6,000.00$ $ 6,000.00 1.04AE Safl Baffle, (96” Dia. M.H. X 48” Pipe) Each 1 7,000.00$ $ 7,000.00 7,250.00$ $ 7,250.00 Subtotal= $ 332,292.00 $ 533,900.00 Creek Improvements 1.04AF Excavation for Rip Rap, Boulder Riffles, and Creek Channel C.Y. 221 19.00$ $ 4,199.00 15.00$ $ 3,315.00 1.04AH Coarse Filter Aggregate (for Riffles) (Mn/DOT 3601-2B1b)Ton 58 47.00$ $ 2,726.00 85.00$ $ 4,930.00 1.04AI Import and Place Boulder Stone (30” to 36” Average Dia.)Each 132 60.00$ $ 7,920.00 155.00$ $ 20,460.00 1.04AJ Construct Boulder Riffle L.F. 164 69.00$ $ 11,316.00 65.00$ $ 10,660.00 Subtotal= $ 26,161.00 $ 39,365.00 Paving/Restoration 1.04R Sub Base Aggregate (Mn/DOT 3149.2C)C.Y. 62 40.00$ $ 2,480.00 50.00$ $ 3,100.00 1.04AK Class 5 Aggregate (Mn/DOT 3138.2A3)C.Y. 126 31.00$ $ 3,906.00 20.00$ $ 2,520.00 1.04AL Concrete Curb & Gutter, B618 City of Eden Prairie Standard L.F. 160 27.00$ $ 4,320.00 15.00$ $ 2,400.00 1.04AM 2” Bituminous Base Course (SPNWB230B)Ton 38 173.00$ $ 6,574.00 160.00$ $ 6,080.00 1.04AN 1 ½” Bituminous Wear Course Including Tack Coat (SPWEA230B)Ton 29 173.00$ $ 5,017.00 160.00$ $ 4,640.00 1.04AO 2 ½” Bituminous Trail (SPWEB240B) Ton 10 173.00$ $ 1,730.00 160.00$ $ 1,600.00 1.04AP Site Grading S.Y. 820 5.00$ $ 4,100.00 2.50$ $ 2,050.00 1.04AQ Top Soil Borrow C.Y. 64 29.00$ $ 1,856.00 35.00$ $ 2,240.00 1.04AR Sod S.Y. 45 5.60$ $ 252.00 12.00$ $ 540.00 1.04AS Seeding, Hydro-seed W/Stabilizer, etc. AC. 0.2 5,600.00$ $ 1,120.00 5,500.00$ $ 1,100.00 1.04I Erosion Control Blanket, Mn/DOT Cat. 4 S.Y. 820 2.80$ $ 2,296.00 4.00$ $ 3,280.00 1.04AT Traffic Control L.S. 1 5,030.00$ $ 5,030.00 4,500.00$ $ 4,500.00 Subtotal= $ 38,681.00 $ 34,050.00 Total of All Bid Prices = $ 514,124.00 $ 664,499.69 \\barr.com\projects\Mpls\23 MN\27\23271334 Riverview Road Crossing\WorkFiles\Estimates\Eng Opinion Cost 6‐5‐14.xlsx Page 2 of 2 6/5/2014 CITY COUNCIL AGENDA SECTION Consent Calendar DATE: June 17, 2014 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: I.C. 01-5537 Approve Professional Services Agreement with Braun Intertec Corporation for Eden Prairie Road Improvements Construction Materials Testing Services ITEM NO.: VIII.R. Requested Action Move to: Approve the Professional Services Agreement with Braun Intertec Corporation for Eden Prairie Road Improvements Construction Materials Testing Services in an amount not to exceed $26,458. Synopsis This Professional Services Agreement provides the construction materials testing services for the Eden Prairie Road Improvement Project. Background Information Improvements to Eden Prairie Road will include street, curb and gutter, storm sewer and water quality features, trails, sidewalk, sanitary sewer and water lines as well as a new creek crossing at Riley Creek. Tree removal has begun in the project area with major construction activities beginning later in June. Substantial completion of the project will be November 2014 and final completion by July of 2015. Financial Implications The project is funded through special assessments. Attachment • Professional Services Agreement CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Leslie Stovring Public Works /Environmental ITEM DESCRIPTION: IC 12-5812 Approve Agreement for Phase V Pond Inventory and Inspection Program with Wenck Associates ITEM NO.: VIII.S. Requested Action Move to: Approve the Professional Services Agreement for the Phase V Pond Inventory and Inspection Program with Wenck Associates in the amount of $71,760. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within watersheds for Lower Riley Creek watershed. The inventory will be used to select projects for completion after 2015. This project is the next step towards completing the city-wide stormwater treatment inventory required in the Schedule of Compliance (SOC) set by the Minnesota Pollution Control Agency. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. However, the SOC requires additional inspections to determine stormwater treatment volume and effectiveness for each stormwater treatment area. The scope of work that will be used to complete the inventory was approved by the MPCA on April 18, 2011. The City has identified approximately 50 stormwater treatment areas within this study area. The services Wenck will provide include items such as the following: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency (%) for phosphorus and sediment for each pond. • Determine which ponds need sediment removal. • Develop models (P8 and BATHTUB) to evaluate the watershed and the stormwater runoff entering the study area. • Determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the creek. The estimated cost is $71,760 based on analysis of 50 stormwater treatment areas within the study area. Stormwater treatment areas that receive no public drainage do not need to be included in the inventory. Costs will be paid from the storm water utility fund. Attachments Contract and Proposal CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: Leslie Stovring Engineering / Environmental ITEM DESCRIPTION: I.C. 02-5585 Approve the Annual Report for the Phase II NPDES Storm Water Permit Program ITEM NO.: VIII.T. Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan (SWPPP). Background Information The City’s SWPPP was developed in April 2003 and revised in June 2006. The SWPPP provides a series of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the year to meet the goals outlined in our BMPs. The Annual Report will be posted on the Living Green section on the City’s web site along with the SWPPP and BMP Summary Sheets. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2013 to meet these objectives included items such as: • Annual Public Meeting – The meeting was held on March 15th during the Chamber of Commerce Yard, Garden & Everything Expo. It is estimated that over 2,000 residents attended the event. • Chamber of Commerce Yard & Garden Expo – Worked with the Chamber to add environmental messages to the Expo. The City sponsored a children’s activity area as a way to add these messages to the event. Over 250 kids stopped at the children’s activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program – Volunteers monitored Mitchell and Riley Lakes. • City Clean Up Day – Approximately 1,330 residents attended and dropped off 162 tons of trash. • Compost Bin & Rain Barrel Sales Event – Worked with Hennepin County and the Recycling Association of Minnesota to promote a distribution event held in April. • Conservation Commission – The Commission held a number of programs, including discussion on the Local Water Management Plan Update, the Purgatory Creek Conservation Area Management Plan, the Green Step Cities Program, the Green Crawl (Ecopalooza), incorporation of the green neighborhood concept and providing programming at the Chamber of Commerce Yard, Garden & Everything Expo. • Environmental Learning Center – Thirty-seven classes or groups (approximately 400 students) toured the Center and a home school group continued to use the Center for providing environmental chemistry classes. • “Living Green Newsletter” – The newsletter was published twice in 2013 (June and December) and included articles on a range of topics, including recycling, protecting our lakes, the Clean Water Fund grant, watershed monitoring efforts, aquatic invasive species and snow and ice care. • Lake Projects –Worked with the Riley-Purgatory-Bluff Creek Watershed District to harvest carp from Staring Lake and received a grant from the Board of Water and Soil Resources to improve a ponding area as part of the overall plan to improve the water quality of the lake. We also received a grant to conduct harvesting of invasive curly leaf pondweed in Red Rock and Mitchell Lakes. • “Life in the Prairie” – Included articles on topics such as the Clean Up day, living green, greening up spring cleaning, water conservation, America Recycles Day and others. • Metro Children’s Water Festival – Participated in this annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition – Participated in the coalition of cities that are required to have a Stormwater Permit by the Pollution Control Agency. This group provides information to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Stormwater Inspections – Inspected 128 ponds and wetlands; 262 inlets; and 690 sumps. • Street Sweeping – All City streets are swept at a minimum of once annually. • Water Quality Rebates – Provided 5 rebates for raingarden and shoreland restoration projects. • Wetland Health Evaluation Program – Twelve volunteers monitored 5 wetlands. • Workshops – Provided workshops on water-smart landscaping through Community Education and “Be a Blue Thumb Gardener” on environmentally-friendly landscaping techniques at the Chamber Expo. Attachments Annual Report for 2013 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 17, 2014 DEPARTMENT/DIVISION: George Esbensen Fire Department ITEM DESCRIPTION: Eden Prairie Firefighter Relief Association Bylaw Changes ITEM NO.: VIII.U. Requested Action: Move to: Approve the Eden Prairie Fire Relief Association bylaw changes. Synopsis: The proposed bylaw changes are unanimously recommended by the EPFRA Board of Trustees and were unanimously approved by the general membership of the EPFRA at their annual meeting held in March 2014. The proposed changes are: 1. The first proposed By-law change in Article VII, Section One is to change the date of the Annual Meeting of the EPFRA to June to coincide with the EPFD’s semi-annual business meeting effective June 2015. Please reference page 10 in the attached EPFRA By-law document. This requested change is in response to the Fire Department transitioning to two business meetings per year vs. the previous four business meetings per year. By making this change, it will help facilitate attendance for all members of the EPFRA and increase the likelihood of achieving a quorum in order to conduct Relief Association business. 2. The second proposed By-law change in Article XI, Section One is to provide for a minimum death benefit in the amount of $10,000 for firefighters who pass away with less than one year of service on the fire department. Please reference page 18 in the attached By-law document. This requested change is the result of probationary firefighter Mathew Erickson’s untimely death New Year’s Eve 2013. Under the existing Relief Association By-laws, the Board of Trustees was unable to provide for a death benefit payment from the Special Fund. Hildi, Inc., the EPFRA’s actuarial firm reviewed the impact of providing the $10,000 lump sum death benefit during the first year of service to the pension plan. As expected, the cost in providing this benefit so was small; however it does represent a slight increase to the total expense to the plan. The attached exhibit shows the annual cost of providing the $10,000 death benefit based on a participant's age at hire and gender. For example, it would cost $4.16 to provide this benefit to a new male firefighter hired at age 30. As a baseline, over the last few years, the plan has averaged 8 new hires with an average age of 28. So in this example the annual cost to the plan would be 8 x $3.68 for a total increased annual expense to the plan of $29.44. These results are based on the mortality assumption used in the most recent EPFRA valuation report as of December 31, 2012. Attachments • Eden Prairie Firefighter Relief Association By-Laws • EPFFRA By-Law Meeting Notice • December 31, 2012 EPFFRA Actuarial Valuation • $10,000 1st Year Lump Sum Death Benefit Actuarial Assumption Analysis • Approved March 2014 Annual Meeting Minutes Eden Prairie Firefighter Relief Association Bylaws i TABLE OF CONTENTS PAGE ARTICLE I - NAME ................................................................................................................................................... 1 ARTICLE II - PURPOSE ........................................................................................................................................... 1 ARTICLE III - GENERAL DEFINITIONS ............................................................................................................. 2 1. SURVIVING SPOUSE ..................................................................................................................................... 2 2. FIDUCIARY RESPONSIBILITY ........................................................................................................................ 2 3. BENEFICIARY .............................................................................................................................................. 2 4. BOARD OF TRUSTEES .................................................................................................................................. 2 5. CALCULATION OF QUALIFYING YEARS ....................................................................................................... 2 6. BREAK IN SERVICE ...................................................................................................................................... 2 7. YEARS OF ACTIVE SERVICE ......................................................................................................................... 3 8. ACTIVE SERVICE ......................................................................................................................................... 3 9. TRUSTEES .................................................................................................................................................... 3 10. DOMESTIC RELATIONS ORDER .................................................................................................................... 3 11. PERSONAL LEAVE ....................................................................................................................................... 3 12. MILITARY LEAVE ........................................................................................................................................ 3 13. MEDICAL LEAVE ......................................................................................................................................... 3 ARTICLE IV - MEMBERSHIP ................................................................................................................................. 4 1. QUALIFICATION FOR MEMBERSHIP.............................................................................................................. 4 2. APPLICATION FOR MEMBERSHIP ................................................................................................................. 4 3. TERMINATION OF MEMBERSHIP .................................................................................................................. 4 4. CATEGORIES OF MEMBERSHIP ..................................................................................................................... 4 5. VOTING PRIVILEGES .................................................................................................................................... 5 ARTICLE V - BOARD OF TRUSTEES ................................................................................................................... 6 1. COMPOSITION OF BOARD ............................................................................................................................ 6 2. TERMS OF TRUSTEES ................................................................................................................................... 6 3. OFFICERS OF BOARD ................................................................................................................................... 6 4. REMOVAL OF TRUSTEE OR OFFICER ............................................................................................................ 6 ARTICLE VI - DUTIES OF OFFICERS .................................................................................................................. 8 1. PRESIDENT .................................................................................................................................................. 8 2. VICE-PRESIDENT ......................................................................................................................................... 8 3. SECRETARY ................................................................................................................................................. 8 4. TREASURER ................................................................................................................................................. 8 ARTICLE VII - MEETINGS ................................................................................................................................... 10 1. ANNUAL MEETING .................................................................................................................................... 10 2. REGULAR MEETINGS OF THE BOARD OF TRUSTEES ................................................................................... 10 3. SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD ............................................................................... 10 4. QUORUM ................................................................................................................................................... 10 5. REPORTS AND RESOLUTIONS ..................................................................................................................... 10 6. ADOPTION OF ROBERT'S RULES ................................................................................................................. 10 7. ORDER OF BUSINESS ................................................................................................................................. 10 8. LOCATION ................................................................................................................................................. 11 ARTICLE VIII - INVESTMENTS .......................................................................................................................... 12 1. TRUSTEES’ DUTIES .................................................................................................................................... 12 2. RESPONSIBILITIES OF TRUSTEES ................................................................................................................ 12 3. INVESTMENT COMMITTEE ......................................................................................................................... 12 4. RESTRICTIONS TO BROKERS ...................................................................................................................... 12 ii 5. EDUCATION PLAN ..................................................................................................................................... 12 ARTICLE IX - PENSION BENEFITS .................................................................................................................... 13 1. ACTIVE DUTY AND AGE REQUIREMENTS .................................................................................................. 13 2. DEFERRED MEMBER .................................................................................................................................. 13 3. PENSION BENEFIT ...................................................................................................................................... 13 4. DEFINITION OF ACTIVE FIREFIGHTER ........................................................................................................ 14 5. VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE .......................................... 14 6. FUTURE INCREASES IN BENEFITS .............................................................................................................. 14 7. APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT .............................................................................. 14 8. APPROVAL ................................................................................................................................................. 15 9. NOTICE OF INTENT TO RETIRE ................................................................................................................... 15 ARTICLE X - ANCILLARY BENEFITS ............................................................................................................... 16 1. ELIGIBILITY ............................................................................................................................................... 16 2. DISABILITY DEFINED ................................................................................................................................. 16 3. REPORTS REQUIRED .................................................................................................................................. 16 4. DISABILITY OR PENSION BENEFITS............................................................................................................ 16 5. PROOF OF DISABILITY ............................................................................................................................... 16 6. GRIEVANCE PROCEDURE ........................................................................................................................... 16 7. CALCULATION OF BENEFIT ........................................................................................................................ 16 8. ENTITLEMENT TO FUTURE INCREASES ...................................................................................................... 17 ARTICLE XI - DEATH BENEFIT .......................................................................................................................... 18 1. ENTITLEMENT TO BENEFIT ........................................................................................................................ 18 2. TERMINATION OF CHILDREN'S BENEFIT .................................................................................................... 18 3. ENTITLEMENT TO FUTURE INCREASES ...................................................................................................... 18 ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS .............................................. 19 1. DISABILITY BENEFIT APPLICATION ........................................................................................................... 19 2. DEATH BENEFIT APPLICATION .................................................................................................................. 19 3. ACTION ON APPLICATIONS ........................................................................................................................ 19 ARTICLE XIII – SUPPLEMENTAL BENEFIT ................................................................................................... 19 1. PAYMENT OF SUPPLEMENTAL BENEFIT ..................................................................................................... 19 ARTICLE XIV - FUNDS .......................................................................................................................................... 19 1. ALLOCATION ............................................................................................................................................. 19 2. GENERAL FUND ......................................................................................................................................... 20 3. SPECIAL FUND ........................................................................................................................................... 20 4. METHOD OF DISBURSEMENT ..................................................................................................................... 20 5. DEPOSIT OF FUNDS .................................................................................................................................... 20 ARTICLE XV - TIMING AND MODES OF DISTRIBUTION ........................................................................... 21 1. DISTRIBUTION CHOICES ............................................................................................................................ 21 2. IRA ROLLOVER ......................................................................................................................................... 21 ARTICLE XVI - PROCEDURE FOR REVIEW ................................................................................................... 21 1. ENTITLEMENT TO APPEAL ......................................................................................................................... 21 2. UN-APPROVED APPLICATION .................................................................................................................... 21 3. SPECIAL MEETING FOR APPEAL ................................................................................................................ 21 ARTICLE XVII - LIMITS ON BENEFITS ............................................................................................................ 22 1. DOMESTIC RELATIONS ORDER .................................................................................................................. 22 2. GARNISHMENT, JUDGMENT OR LEGAL PROCESS ........................................................................................ 22 iii 3. ASSIGNMENT OF BENEFITS ........................................................................................................................ 22 4. LIMITATIONS ON ANCILLARY BENEFITS .................................................................................................... 22 5. BENEFIT LIMITATIONS ............................................................................................................................... 22 ARTICLE XVIII - AMENDMENTS ....................................................................................................................... 23 1. AMENDING THE BYLAWS .......................................................................................................................... 23 ARTICLE XIX - NOTICE ........................................................................................................................................ 23 1. AMENDMENT NOTICES .............................................................................................................................. 23 ARTICLE XX - EFFECTIVE DATE ...................................................................................................................... 23 EPFRA 1 Article I - Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association. Article II - Purpose This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter referred to as “Association,” adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the Association. The Association is a governmental entity that receives and manages public money to provide retirement benefits for individuals providing the governmental services of fire fighting. The Association is a defined benefit relief association subject to Minnesota statutes 69.771 to 69.774, 424A.015 and 424A.02. The objectives of the plan shall be to provide service pensions and ancillary benefits to members and dependents of the Eden Prairie Municipal Fire Department, hereinafter “Fire Department”. These bylaws and federal and state laws shall govern all benefits issued by this Association. EPFRA 2 Article III - General Definitions 1. Surviving Spouse The term “surviving spouse” means any person who was the dependent spouse of a deceased active member, deferred member, or retired former member living with the member at the time of the death of the active member, deferred member, or retired former member for at least one year prior to the date on which the member terminated active service and membership. 2. Fiduciary responsibility In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn. Stat. 356A. No trustee of the Association shall cause the Association to engage in a transaction, if the trustee knows or should know that a transaction constitutes one of the following direct or indirect transactions: a) sale or exchange or leasing of any real property between the Association and a board member; b) lending of money or other extension of credit between the Association and a board member or member of the Association; c) furnishing of goods, services, or facilities between the Association and a board member; or d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. 3. Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant. 4. Board of Trustees The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be six member elected trustees and three municipal trustees. 5. Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 complete months. If a members’ period of service as an active firefighter has not been continuous, parts of years may be added together to calculate full years. In addition, parts of months may be added together to calculate full months, provided, however, that in such a calculation it shall be assumed that 30 days equals a full month. 6. Break in Service Any member returning from a break in service must remain in active service for at least five years in order to qualify for any pension increases having occurred during the time of the break in service. If this requirement is not met prior to the individual’s resignation, the retirement benefits will revert to those in effect at such time the break in service began. A break in service does not include an approved leave of absence, pursuant to these bylaws or state law. EPFRA 3 7. Years of Active Service For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the fire department. 8. Active Service The active performance of fire suppression or prevention duties or the supervision of fire suppression or prevention duties. Performance of such suppression, prevention or supervision shall not qualify as “active service” unless the firefighter meets all the rules and regulations of the fire department during such service. 9. Trustees The individuals designated as such by Minn. Stat. 424A.04. 10. Domestic Relations Order Any judgment, decree or order (including approval of a property settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53. 11. Personal Leave An Active Member may be granted a personal leave of absence in accordance with the rules and regulations of the Fire Department. No credit shall be given for the period of the leave of absence. 12. Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law. To be eligible for credit from the Relief Association for his military service, the Member must return to active service with the Fire Department, and must not receive a dishonorable or bad conduct discharge from military service. 13. Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act, or other applicable federal or state law. EPFRA 4 Article IV - Membership 1. Qualification for Membership Any active member in good standing in the Fire Department shall be eligible to apply for membership in the Association. 2. Application for Membership All active members of the Fire Department are eligible for membership in the Association. Application for membership shall be made in writing on a form supplied by the Secretary of the Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan requirements within three (3) months of becoming an active member of the fire department. No applicant may be excluded except if the member is under 18 years of age or has a medically determinable physical or mental impairment or condition that would constitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. 3. Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership, upon the occurrence of any of the following events: a) Termination or resignation from membership in the Fire Department prior to completion of the number of years as an active firefighter required for a service pension under these bylaws. b) Failure to comply with any provisions of these bylaws or any duly adopted rules and regulations of the association. c) Any other good cause for termination of membership as determined by the Board of Trustees. 4. Categories of Membership Members of this Association shall be classified in one of four categories: regular, deferred, retired or disabled. These categories are defined as follows: a) Active Member: A member of the Association who is also an active firefighter of the Fire Department. b) Deferred Member: A member of the Association who has (i) completed the number of years as an active firefighter required for a service pension as provided in these bylaws, (ii) has completed a minimum of ten years as a member in good standing in the Association, and (iii) has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws. c) Retired Member: A member of the Association who is drawing a monthly service pension under applicable statutes and the bylaws of this Association. d) Disabled Member: A member of this Association who is receiving a disability benefit under applicable statutes and the bylaws of this Association. EPFRA 5 5. Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands. EPFRA 6 Article V - Board of Trustees 1. Composition of Board The Board of Trustees shall consist of nine trustees. a) Member Elected Trustees: Six of the trustees shall be elected at the annual meeting of the Association from the Association's active members and shall serve for terms as specified in this Article, or until their respective successors have been elected. One of the six elected members of the Board of Trustees may be a retired member, receiving a monthly service pension, who is elected by the membership of the Association. If there is not a retired member to fill the position of trustee, then that position may be filled by an active member. b) Municipal Trustees: The three municipal trustees shall be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the City of Eden Prairie annually and the chief of the Fire Department. Municipal trustees shall have all rights, duties and responsibilities of regular trustees, including voting rights. 2. Terms of Trustees Two member elected trustees shall be elected for three-year terms at each annual meeting of the Association. If a vacancy of a trustee position occurs, that position shall be filled by election at a special meeting of the Association within thirty-one days of becoming vacant. Any member elected trustee elected to fill an un-expired term shall serve the length of that un-expired term. Any member elected trustee, upon retirement from the Fire Department, must relinquish the trustee's office until an election is held to determine who shall hold that office. The elected or appointed municipal trustees shall be designated annually by the City, except for the chief of the Fire Department, who is appointed by statute. 3. Officers of Board At the first meeting of the Board of Trustees held after the annual meeting of the members of the Association, the Board shall elect, from the six member elected trustees a President, Vice-President, Secretary and Treasurer. Each of the officers shall serve for a term of one year or until the officer's successor has been elected. 4. Removal of Trustee or Officer A trustee (other than a municipal trustee) may be removed from the office of trustee for the following reasons: a) Breach of the duties of a trustee as specified in these bylaws. b) Failure to maintain membership in good standing in the Association or the Fire Department, including a suspension from the Association or Fire Department. c) Other good cause. EPFRA 7 Removal of a trustee may occur by a vote of two-thirds of those present at a meeting of the membership. Notice of the meeting at which removal is to be considered shall be given to each member and shall include the purpose of considering removal. The trustee shall be given an opportunity to be heard as to each charge. If the trustee is removed, a replacement shall be elected and shall serve for the un-expired portion of the term of the removed trustee. EPFRA 8 Article VI - Duties of Officers 1. President The duties of the office of President of the Association are as follows: a) Attend and preside at all meetings of the Association and of the Board of Trustees. b) Supervise the affairs of the Association. c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association, the Articles of Incorporation and the bylaws. d) Sign all checks issued by the Treasurer and all other papers, which require the President's signature. The President may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 2. Vice-President The Vice-President's duties shall be as follows: a) Perform the duties of the President in the President's absence. b) All other duties assigned to the Vice-President by the President. 3. Secretary The Secretary of the Association shall have the following duties: a) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws. c) Provide all due notice of special meetings of the Association and the Board of Trustees. d) Keep a roll of membership, including all information necessary to determine the pension and benefit status of each member of the Association. e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer, prepare and file all reports and statements required by law. The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 4. Treasurer The duties of the Treasurer of the Association are as follows: a) Keep separate, distinct and complete accounts of the Special and General Funds, including a detailed statement of the assets and liabilities of each fund. Such accounts and statements shall be presented at each meeting of the Board of Trustees, and shall be made available to members prior to the annual meeting of the Association. b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. EPFRA 9 c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the position of Treasurer in accordance with these bylaws, whichever occurs first, the Treasurer shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all monies, books, papers, and other items pertaining to the Treasurer's office. d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and with such sureties as are required by law and approved by the Board of Trustees, conditioned upon the faithful discharge of the Treasurer's trust and the faithful performance of the duties of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of the Association. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.00. The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. EPFRA 10 Article VII - Meetings 1. Annual Meeting The annual meeting of the Association, for the election of Trustees and other business, shall be held in June, immediately prior to the Fire Department's semi-annual business meeting. Subject to waiver, a notice of every annual meeting or special meeting shall be sent by the Secretary by U.S. mail, e-mail, personal delivery or by any other delivery that conforms to law to each member at least 10, but not more than 30 days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, th e purpose. 2. Regular Meetings of the Board of Trustees The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice of every Board of Trustees’ meeting shall be sent by the Secretary by U.S. mail, email, personal delivery or by any other delivery that conforms to law to each Trustee at least 5 , but not more than 30 days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 3. Special Meetings of the Association or Board Special meetings of the Association or of the Board of Trustees may be called by the President or two members of the Board of Trustees and shall also be called upon written request of six or more members of the Association. The Secretary shall notify members and trustees of such special meetings, and the purpose of the meeting shall be contained in such notice. 4. Quorum A majority of the Board of Trustees then in office, and 30 percent of all members of the Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make known to the affected members. 5. Reports and Resolutions All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. 6. Adoption of Robert's Rules All meetings of the Association and Board of Trustees shall be conducted according to Robert's Rules of Order, as revised. 7. Order of Business The order of business at meetings of the general membership shall be: a) Call to order. EPFRA 11 b) Roll call. c) Reading of minutes of previous meetings. d) Reading of reports and minutes of Board of Trustees' meetings. e) Reports of Officers. f) Membership applications. g) Reports of special committees. h) Unfinished business. i) Election of Officers or Trustees (annual meeting). j) New business. k) Adjournment. 8. Location A meeting of the Board of Trustees shall be held at the registered office of the Association in the City unless notice is made public for another place within the state as designated by the board. EPFRA 12 Article VIII - Investments 1. Trustees’ Duties Trustees shall discharge their duties in good faith and with that diligence and care which an ordinarily prudent person would exercise under similar circumstances. Each trustee shall become familiar with the standards of care and the standards of a fiduciary as specified by law. 2. Responsibilities of Trustees It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable investment of the unappropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment Committee. The members of the Board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the Association. 3. Investment Committee The investment committee shall consist of the Treasurer, the President and an Ex-officio member, as well as two or more Association members as designated by the trustees. The investment committee shall investigate and make recommendations to the Board of suitable investments for Association funds among those permitted by State Statutes, the bylaws and the investment policy attached hereto. 4. Restrictions to Brokers The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the Relief Association to provide annually to any brokers, a written statement of investment restrictions pursuant to State Statute or the Investment Policy that apply to the special fund. Upon receipt of the written statement of investment restrictions, each broker handling investments of the Association shall acknowledge, in writing annually, the receipt of the investment restrictions. The acknowledgment shall contain a statement of the brokers’ agreement to handle the Association’s investments pursuant to the written restrictions. 5. Education Plan The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. EPFRA 13 Article IX - Pension Benefits 1. Active Duty and Age Requirements To be eligible to receive a service pension, a member must meet all of the following requirements: a) Be at least 50 years of age. b) Has separated from active service with the Fire Department. c) Has completed at least 10 years of active service with such Fire Department before retirement. d) Has been a member of the Association in good standing at least 10 years prior to such retirement. 2. Deferred Member A member of the Association, who has performed active service of ten years or more, but has not reached the age of 50 years, shall be placed on the deferred pension roll of the Association. After they have reached the age of 50 years, the Association shall, upon their application therefore, pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX, Section 3. 3. Pension Benefit Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows: 1) Monthly Service Pension: Effective 01/01/2005 – A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1536.00. Effective 01/01/2006 – A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1600.00. Effective 01/01/2007 – A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1664.00. Effective 01/01/2008 – A monthly service pension shall be calculated by multiplying $54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1728.00. EPFRA 14 Effective 01/01/2009 – A monthly service pension shall be calculated by multiplying $56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1792.00. 2) Lump Sum Service Pension: A lump sum service pension shall be calculated by multiplying $10,000 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association. 4. Definition of Active Firefighter A period of time cannot be used to calculate a monthly or lump sum service pension unless during the entire period of time the member satisfies the qualification of “active service”, as found in Article III, paragraph 8 of these bylaws. 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service pension or disability benefit to a member who has not separated from “active service” as defined herein with the Fire Department if: (a) The Member is employed by the City to perform duties within the Fire Department on a full-time basis subsequent to retirement as a volunteer firefighter; and (b) The City Manager or the Fire Chief has filed a determination with the Association’s Board of Trustees that the Member’s experience with and service to the Fire Department in that Member’s full-time capacity would be difficult to replace; and (c) The Member otherwise meets the requirements of Minnesota Statutes, Chapter 424A, including Minnesota Statute 424A.02, subd. 1, and is authorized to receive a service pension or disability benefit. 6. Future Increases in Benefits Retired members and deferred members who have credit for at least fifteen years of service as an active firefighter with the Fire Department shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. 7. Application for Monthly or Lump Sum Benefit After retirement as an active firefighter with the Fire Department, a member shall make application for a service pension to the Board of Trustees. The application shall also include an irrevocable election by the member of either a monthly service pension or lump sum service pension, but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board, and shall contain the following information: a) The age of the applicant. EPFRA 15 b) The period of time the member performed duties as an active firefighter for the Fire Department. c) The member's number of years of membership in good standing of the Association. d) The date the member retired as an active firefighter from the Fire Department. e) Such other and further information as the Board of Trustees may require. 8. Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next 30 days, on the question of whether the applicant meets all the requirements. If the application is approved, the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. 9. Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the Secretary not less than 3 months prior to the d ate of retirement and submission of application for service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any notices to the applicant as required by state or federal law with respect to pension or benefit payments. EPFRA 16 Article X - Ancillary Benefits 1. Eligibility A member, who is disabled with a fire service related disability, shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. 2. Disability Defined Disability is defined as the inability to engage in performance of all essential duties as a firefighter by reason of a medically determinable physical or psychological impairment that arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to last for a continuous period of not less than twelve months or can be expected to result in death. 3. Reports Required No member shall be paid disability benefits except upon the written report of a physician, surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. 4. Disability or Pension Benefits Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor’s benefits during the period that it is being paid. A disability benefit shall be considered a normal service pension after age 50 for any member with at least 10 years of active service. 5. Proof of Disability An applicant shall not be considered under a disability unless the member furnishes adequate proof of the existence thereof. An applicants’ statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. 6. Grievance Procedure If the applicant for disability benefits feels that he/she has been aggrieved by any action of the Board, the member shall, within sixty (60) days from notice of such action of the Board, file written objections and the reasons thereof with the Board and shall be allowed to appeal the determination pursuant to the review procedure in these bylaws. 7. Calculation of Benefit In the event a member incurs a disability as defined in this article, the Association shall pay to such member a monthly disability payment, for the time of such disability. The monthly disa bility benefit shall be equal to the monthly service pension to which the member would have been entitled at age 50 without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws. 8. Entitlement to Future Increases A member currently receiving a disability benefit shall receive all approved increases in the monthly service pension applicable to that member's number of years of active firefighting service. EPFRA 17 Article XI - Death Benefit 1. Entitlement to Benefit In the event of the death of an active or deferred member of the association, the surviving spouse, if any, shall be paid 100% of the lump sum benefit for each year of service. If such member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse, no surviving children, and no designated beneficiary, the member’s estate shall be paid 100% of the lump sum benefit for each year of active service. Such death benefits are payable without regard to minimum or partial vesting requirements. If an active member dies before completing one year of active service, the Association shall pay a death benefit to his or her surviving spouse, surviving children or designated beneficiary on file in the same order and procedure as described above of $10,000. In the event of the death of a retired member of the association, the surviving spouse, if any, shall be paid until death or remarriage of the surviving spouse, monthly, 2/3 of the monthly service pension for each year of active service. If such member leaves a surviving child or children in addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third of the monthly service pension for each year of active service. If such member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of 100% of the monthly service pension for each year of active service. 2. Termination of Children's Benefit Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of eighteen or, in the case of any child who furthers his or her education, by attending college or technical school, when that child graduates with his/her undergraduate degree or technical degree, quits school, reaches the age of twenty-two, or fails to provide proof of current educational enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify for benefits must produce annually, in a form satisfactory to the Board of Trustees, proof that the child is a full-time student in a college or trade school. 3. Entitlement to Future Increases Death benefits payable to a surviving spouse or children shall be increased to the extent that the monthly service pension is increased for current members who have the same num ber of active years of service as the deceased member. EPFRA 18 Article XII - Application for Disability and Death Benefits 1. Disability Benefit Application All applications for disability benefits shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor’s opinion shall also include findings regarding the nature and probable duration of the illness or injury, the cause thereof, the length of time the applicant has been and will be unable to perform any of the essential duties as an active firefighter, and an estimate of the time at which the applicant will be able to return to the duties as an active firefighter. The Board of Trustees, in its discretion, may require an independent medical examination, at the Association's expense, to review the qualifications of the member for a disability benefit. 2. Death Benefit Application Applications for benefits by surviving spouses and children shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death, a certified marriage certificate for a surviving spouse and certified birth certificate for a surviving child, plus such other and further information as the Board of Trustees deems appropriate. 3. Action on Applications No disability benefits or death benefits shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. ARTICLE XIII – SUPPLEMENTAL BENEFIT 1. Payment of Supplemental Benefit Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the supplemental benefit out of its Special Fund. The amount of this benefit equals ten percent (10%) of the regular lump-sum distribution that is paid on the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed $1,000.00. Article XIV - Funds 1. Allocation All money received from the Association shall be kept in two separate funds. Disbursements from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the Association. EPFRA 19 2. General Fund The funds received by the Association from dues, fines, application fees, entertainment and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and may be disbursed for any purpose reasonably related to the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the members. 3. Special Fund All funds received by the Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city present to law providing for municipal support for the Association, any moneys or property donated, given, granted or devised, excluding fund-raiser proceeds, by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of the Treasurer known as the Special Fund and shall be dispersed only for the following purposes: a) Payment of members’ service pension benefits in accordance with state law and with these bylaws. b) Payment of ancillary benefits in accordance with state laws and these bylaws. c) Payment of supplemental benefits in accordance with state law and these bylaws. d) Administrative expenses as limited by Minn. Stat. 69.80. All other expenses of the Association shall be paid out of the General Fund. 4. Method of Disbursement No disbursement of funds of this Association shall be made except by checks drawn by the Treasurer and countersigned by the President except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board of Trustees (or members, in case of disbursement from the General Fund). In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of Trustees. Disbursement also may be made by electronic fund transfers so long as the Treasurer and President have previously authorized such transfers. 5. Deposit of Funds All money belonging to the Association shall be deposited to the credit of the Association in such banks, trust companies, saving and loan associations or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the bylaws and the investment policy. EPFRA 20 Article XV - Timing and Modes of Distribution 1. Distribution Choices Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A member who chooses a lump sum pension option shall be offered the following benefit payment methods. a) A single lump sum check payment payable to the eligible retiree. b) Rollover to an IRA account pursuant to Article XV, Section 2. 2. IRA Rollover Upon written request from the retiring member who has given proper notice of retirement, the Secretary or Treasurer shall directly transfer the service pension amount into an Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. Article XVI - Procedure for Review 1. Entitlement to Appeal In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. 2. Un-approved Application If an application is not approved, the Board shall return the application to the applicant within 30 days, noting thereon, with particularity, which requirements the applicant does not meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within 30 days of receiving an adverse determination. The intent to appeal shall be certified by the member. 3. Special Meeting for Appeal The Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half between both parties. EPFRA 21 Article XVII - Limits on Benefits 1. Domestic Relations Order A qualified domestic relations or domestic relations order shall be accepted by the plan administrator if in compliance with state and federal law and these Bylaws. A distribution made pursuant to a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. Attached to these Bylaws as Exhibit A are Guidelines for terms which must be included in any domestic relations order to be considered consistent with the Bylaws and eligible for approval by the Board. 2. Garnishment, judgment or legal process No service pension or ancillary benefits paid or payable from the special fund of the Association to any person receiving or entitled to receive a service pension or ancillary benefits shall be subject to garnishment, judgment, execution or other legal process, except as provided in Minnesota Statutes, Sections 518.58, 518.581, or 518A.53. 3. Assignment of Benefits No person entitled to a service pension or ancillary benefits from the special fund of the Association may assign any service pension or ancillary benefit payments, nor shall the Association have the authority to recognize any assignment or pay over any sum, which has been assigned. 4. Limitations on Ancillary Benefits Following the receipt of a lump sum death benefit neither a member’s surviving spouse or estate is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII entitled “Supplemental Benefits.” 5. Benefit Limitations No provision, which places limits on benefits as contained within Section 415 of the Internal Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater than the amount specified in Section 415 of the code as may subsequently be amended. EPFRA 22 Article XVIII - Amendments 1. Amending the Bylaws The bylaws of the Association may be amended by completing the following procedure: a) Notice of the proposed amendment is given to each member not less than ten days prior to the regular or special Association meeting at which the amendment will be considered. b) At an Association meeting, the amendment is adopted by a favorable vote of two-thirds of the membership present and voting, provided that a quorum is present. c) The amendment is approved by the City Council of the City of Eden Prairie. Article XIX - Notice 1. Amendment Notices Notices to the membership of a change to these bylaws shall be delivered in the following manner: a) Shall be posted at each Fire Station. b) Shall be sent by U.S. Mail or email to each deferred member of the Association. c) Shall be sent by U.S. Mail or email to each retired member of the Association. Article XX - Effective Date These Bylaws were adopted by the membership on the _____ day of __________, 2014 and supersede all prior Bylaws of this Association. ____________________________________ ___________________________________ President Secretary These Bylaws were approved by the City Council of the City of Eden Prairie on the 17th day of June , 2014. ___________________________________ Kathleen Porta, City Clerk City of Eden Prairie, MN. EPFRA 23 EXHIBIT A GUIDELINES FOR QDRO TERMS Triggering Event Payment to Alternate Payee 1. Retirement of participant Court-assigned fraction in the same form as elected by participant 2. Death of participant before benefits commence Lump sum payment of court-assigned fraction 3. Death of participant after monthly benefits commence Payments stop 4. Death of alternative payee before benefits commence No payment to alternative payee or his or her estate 5. Death of alternative payee after benefits commence Payments stop 019859/310001/1670418_23 Document comparison by Workshare Compare on Thursday, March 27, 2014 2:59:42 PM Input: Document 1 ID PowerDocs://DOCS/1670418/2 Description DOCS-#1670418-v2-EPFRA_Bylaws Document 2 ID file://C:/Users/cas/AppData/Roaming/OpenText/DM/Temp/ DOCS-#1670418-v3-EPFRA_Bylaws.docx Description DOCS-#1670418-v3-EPFRA_Bylaws Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 6 Deletions 2 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 8 Eden Prairie Firefighter Relief Association Notice of Annual Meeting TO Members of the Eden Prairie Relief Association RE Annual Meeting of the Membership WHEN March 13, 2014 TIME 5:45 PM WHERE Eden Prairie City Hall The Trustees of the Eden Prairie Relief Association (EPFRA) ask for your presence at the Annual Meeting of the EPFRA. The meeting will be held on Thursday March 13, 2014 at 5:45 PM. The location of the meeting will be at the Eden Prairie City Hall. The agenda will include the following items: There will be a review of the 2013 Annual Report and President’s Message and a financial update from CBS Partners, our investment advisor; The election of two Trustees to three year terms, currently Phil Jones and Aaron Casper, will be held; The EPFRA Board of Trustees has approved two motions to amend the bylaws to be presented to the membership for approval. The first motion is to change the date of the Annual Meeting from March to the second Thursday in June as of 2015 to coincide with the date of the EPFD Business meeting. The EPFD no longer conducts a March Business Meeting. The change in Article VII, Section One would read “The annual meeting of the Association, for the election of Trustees and other business, shall be held in June, immediately prior to the Fire Department’s semi-annual business meeting…” The second motion is to amend the active member death benefit to allow a death benefit to be paid for less than one year of service. The second sentence of Article XI Section One would read “If an active member dies before completing one year of service, the Association shall pay a death benefit to his or her survivors equal to $10,000.” and The Board has approved a motion to provide $10,000 from the General Fund as a death benefit for Matthew Erickson. At the time of his death he did not qualify for a death benefit. There are no other means to provide this benefit, and because it is more than $500, the Board is asking the membership to approve payment. Respectfully Submitted, The EPFRA Board of Trustees Eden Prairie Firefighter Relief Association Actuarial Valuation as of December 31, 2012 Hildi Incorporated 2 Eden Prairie FFRelief Assoc 2013 Report April 2013 Eden Prairie Firefighter Relief Association Hildi Incorporated 3 Contents Section 1: Management Summary ......................................................... 4 Section 2: Funding and Accounting Exhibits ........................................... 8 Section 3: Plan Assets ......................................................................... 15 Section 4: Other Information ................................................................. 17 Eden Prairie Firefighter Relief Association Hildi Incorporated 4 Section 1: Management Summary Overview....................................................................................... 5 Summary of Results ..................................................................... 6 Actuarial Certification .................................................................... 7 Eden Prairie Firefighter Relief Association Hildi Incorporated 5 Overview Hildi Incorporated has prepared this report for the Eden Prairie Firefighter Relief Association to: Present the results of a valuation of the Eden Prairie Firefighter Relief Association as of December 31, 2012; Provide the plan sponsor with the acceptable range of contributions for 2014. Contributions Important contribution amounts for this year and last year are shown below: 2014 2012 Required Contribution (city and state) $ 829,013 $ 917,378 Estimated Minimum City Contribution $ 527,344 $ 614,761 Changes since the Prior Valuation Plan Changes: The lump sum factor was updated from 100 to 150. Assumption Changes: Mortality projection was changed from 2012 to 2013. The lump sum election assumption was increased to 10%. The plan’s assumptions are summarized later in this report. Eden Prairie Firefighter Relief Association Hildi Incorporated 6 Summary of Results Plan Participant Data December 31, 2012 December 31, 2010 1. Number of Participants a. Active participants 87 96 b. Terminated vested participants 11 11 c. Retirees and beneficiaries 88 73 d. Disabled retirees 3 3 e. Total 189 183 Cash Contributions For 2014 For 2012 2. Required contribution (city and state) $829,013 $917,378 3. Estimated minimum city contribution $527,344 $614,761 Value of Plan Assets December 31, 2012 December 31, 2010 4. Market Value $18,311,510 $16,950,749 5. Actuarial value (for calculating contributions) $18,311,510 $16,950,749 Benefit Liabilities 6. Present value of projected benefits (5.00% interest) $23,335,993 $22,859,681 7. Actuarial accrued liability (5.00% interest for calculating contributions) $20,089,266 $19,282,133 8. Actuarial accrued liability (5.00% interest for GASB 25) $20,089,266 $19,282,133 Funded status – Market value of assets as a % of liabilities 9. Present value of projected benefits (5.00% interest) 78.5% 74.2% 10. Actuarial accrued liability (5.00% interest for calculating contributions) 91.2% 87.9% 11. Actuarial accrued liability (5.00% interest for GASB 25) 91.2% 87.9% . Eden Prairie Firefighter Relief Association Hildi Incorporated 7 Actuarial Certification We have prepared an actuarial valuation of the Eden Prairie Firefighter Relief Association as of December 31, 2012. The primary purpose of this valuation is to determine 2014 contribution requirements for the plan. The results of this valuation reflect the provisions of the plan as proposed to be amended and effective April 19, 2011. This report should not be used for other purposes or relied upon by any other person without prior written consent from Hildi Incorporated. In preparing this valuation, we have relied upon information and data provided to us by the Eden Prairie Firefighter Relief Association and other persons or organizations designated by the Eden Prairie Firefighter Relief Association. An audit of the financial and participant data provided was not performed, but we have checked the data for reasonableness as appropriate based on the purpose of the valuation. We have relied on all the information provided, including plan provisions and asset information, as complete and accurate. All costs, liabilities and other factors under the plan were determined in accordance with generally accepted actuarial principles and procedures. In our opinion, the actuarial assumptions, for funding purposes, are reasonable and represent our best estimate of the anticipated experience under the plan. This report fully and fairly discloses the actuarial position of the plan on an ongoing basis. We certify that this actuarial valuation has been prepared in accordance with Minnesota Statutes 356.20 - .23, 69.773 and the most recent standards adopted by the Legislative Commission on Pensions and Retirement. The results prepared for financial disclosures have been prepared in accordance with the requirements of Governmental Accounting Standards Board Statement No. 25. We are available to answer any questions on the material contained in the report, or to provide explanations or further details as may be appropriate. The undersigned credentialed actuaries meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained in this report. _____________________________________ Anthony L. Urdahl, FSA, EA _____________________________________ Catherine A. Erpelding, ASA, EA Hildi Incorporated 11800 Singletree Lane, Suite 305 Minneapolis, MN 55344 P 952.934.5554 Eden Prairie Firefighter Relief Association Hildi Incorporated 8 Section 2: Funding and Accounting Exhibits Development of City Contribution ................................................ 9 Changes in Unfunded Actuarial Accrued Liability ........................ 10 Amortization Bases ..................................................................... 11 Average Available Financing ...................................................... 12 GASB 25 Accounting Information ............................................... 13 Projected Benefit Payments and Participant Counts ................... 14 Eden Prairie Firefighter Relief Association Hildi Incorporated 9 Development of City Contribution Plan liabilities and normal cost shown below are based on the plan’s funding method. December 31, 2012 December 31, 2010 1. Funding Interest Rate 5.00% 5.00% Present Value of Benefits 2. Total $ 23,335,993 $ 22,859,681 Actuarial Accrued Liability and Normal Cost 3. Active members $ 4,862,404 $6,019,157 4. Vested terminated members 1,259,913 1,297,720 5. Retired members 13,054,515 11,311,295 6. Disabled members 299,126 306,120 7. Spouses receiving benefits 613,308 347,841 8. Total actuarial accrued liability (3. + 4. + 5. + 6. + 7.) 20,089,266 19,282,133 9. Normal Cost 471,918 534,071 Actuarially Determined Contribution For 2014 For 2012 10. Actuarial accrued liability $20,089,266 $19,282,133 11. Market value of assets 18,311,510 16,950,749 12. Unfunded actuarial accrued liability (10. – 11.) 1,777,756 2,331,384 13. Credit for surplus (10% of 12.) Not applicable Not applicable 14. Normal cost 471,918 534,071 15. Administrative expenses (prior year x 1.035) 25,017 27,239 16. Amortization of UAAL 292,601 312,383 17. Interest at 5% to year end 39,477 43,685 18. Required contribution (13. + 14. + 15. + 16. + 17.) 829,013 917,378 19. Estimated State aid 301,669 302,617 Estimated City Contribution (18. - 19., not less than 0) $527,344 $614,761 Eden Prairie Firefighter Relief Association Hildi Incorporated 10 Changes in Unfunded Actuarial Accrued Liability a. Actuarial accrued liability as of December 31, 2010 $ 19,282,133 b. Normal cost for 2011 534,071 c. Benefit payments during 2011 (890,856) d. Interest on a. – c. to January 01, 2012 968,810 e. Expected actuarial accrued liability as of January 01, 2012 before changes 19,894,158 f. Normal cost for 2012 534,071 g. Benefit payments during 2012 (967,269) h. Interest on e. – g. to December 31, 2012 997,525 i. Expected actuarial accrued liability as of December 31, 2012 before changes 20,458,485 j. Assumption changes 55,869 k. Method changes 0 l. Plan changes (101,700) m. Expected actuarial accrued liability as of December 31, 2012 after changes 20,412,654 20,089,266 $ (323,388) a. Asset value as of December 31, 2010 $ 16,950,749 b. Contributions during 2011 1,116,805 c. Benefit payments during 2011 (890,856) d. Administrative expenses during 2011 (29,532) e. Interest on a. – c. to January 01, 2012 848,817 f. Expected asset value as of January 01, 2012 17,995,983 g. Contributions during 2012 917,378 h. Benefit payments during 2012 (967,269) i. Administrative expenses during 2012 (24,171) j. Interest on f. – h. to December 31, 2012 894,084 k. Expected asset value as of December 31, 2012 18,816,005 18,311,510 $ 504,495 $ 2,331,384 1,642,480 a. Due to changes in assumptions & methods 55,869 b. Due to changes in plan provisions (101,700) c. Due to investment (gains)/losses 504,495 d. Due to liability (gains)/losses (323,388) $ 1,777,756 4. Expected asset value Actuarial Accrued Liability (AAL) Gain or Loss 1. Expected actuarial accrued liability 2. Actual actuarial accrued liability as of December 31, 2012 3. (Gain) or loss due to plan experience (2. – 1.m.) Asset Gain or Loss 10. Actual unfunded actuarial accrued liability as of December 31, 2012 5. Actual asset value as of December 31, 2012 6. (Gain) or loss due to asset experience ( 4.k. – 5.) Unfunded Actuarial Accrued Liability 7. Unfunded actuarial accrued liability as of December 31, 2010 8. Expected unfunded actuarial accrued liability as of December 31, 2012 9. Changes Eden Prairie Firefighter Relief Association Hildi Incorporated 11 Amortization Bases Initial Amount Date Established Outstanding Amount Amortization Years Remaining Amortization Amount 1. UAL at 12/31/10 $2,331,384 12/31/2010 $1,897,943 7 $312,383 2. Plan Change ($101,700) 12/31/2012 ($101,700) 20 ($7,772) 3. Assumption Change $55,869 12/31/2012 $55,869 20 $4,270 4. Actuarial Gain1 ($74,356) 12/31/2012 ($74,356) 10 ($9,171) 5. Total (before adjustment) $1,777,756 6.8 $299,710 6. Adjusted Single Base 12/31/2012 $1,777,756 7 $292,601 1Limited to the unfunded accrued liability prior to assumption and plan changes. Eden Prairie Firefighter Relief Association Hildi Incorporated 12 Average Available Financing Year State Aid City Contribution Credit for Surplus Total Active Members Average Financing 2010 292,384 1,143,942 0 1,436,326 96 14,962 2011 286,728 830,077 0 1,116,805 96 (est.) 11,633 2012 291,468 625,910 0 917,378 87 10,545 Average available financing for 2013 12,380 Minimum required for $56.00 monthly benefit rate per Minnesota statute 424A.02 Subd. 3 $4,536 Eden Prairie Firefighter Relief Association Hildi Incorporated 13 Accounting Information – GASB 25 Funded Status and Funding Progress Under the Entry Age Normal (Level Dollar) Funding Method December 31, 2012 December 31, 2010 1. Actuarial accrued liability a. Active employees (87) $ 4,862,404 $ 6,019,157 b. Vested terminated employees (11) 1,259,913 1,297,720 c. Retirees and beneficiaries (91) 13,966,949 11,965,256 d. Total (189) 20,089,266 19,282,133 2. Net assets available for benefits (market value) 18,311,510 16,950,749 3. Unfunded actuarial accrued liability (1. – 2.) 1,777,756 2,331,384 4. Funded ratio (2. / 1.) 91.2% 87.9% 5. Assumed rate of interest 5.00% 5.00% 6. Average assumed retirement age Age 50 Age 50 7. Mortality table RP-2000 Blue Collar Projected to 2013 RP-2000 Blue Collar Projected to 2011 Eden Prairie Firefighter Relief Association Hildi Incorporated 14 Projected Benefit Payments and Participant Counts Current Emerging Current Emerging Year Actives Retirees Inactives Total Retirees Inactives Total 2013 87.0 102.0 - 189.0 1,025,638 26,372 1,052,010 2014 82.4 101.5 5.0 188.8 1,017,132 17,283 1,034,416 2015 79.3 100.8 8.6 188.6 1,025,511 109,380 1,134,891 2016 73.5 100.2 14.5 188.2 1,015,977 103,007 1,118,984 2017 68.3 99.5 19.9 187.6 1,006,020 172,465 1,178,485 2018 61.5 98.7 26.7 186.9 1,007,660 248,623 1,256,283 2019 54.1 97.9 34.3 186.3 1,022,088 261,913 1,284,001 2020 48.8 97.1 40.1 186.1 1,016,226 262,057 1,278,283 2021 45.8 96.3 43.6 185.7 1,003,827 354,955 1,358,782 2022 39.2 95.4 50.4 185.0 997,285 373,895 1,371,180 2023 34.7 94.4 55.1 184.3 989,783 370,610 1,360,394 2024 32.3 93.3 58.3 183.9 974,550 415,767 1,390,317 2025 29.1 92.2 61.5 182.8 958,214 467,216 1,425,430 2026 25.3 90.9 64.6 180.8 940,703 513,659 1,454,362 2027 21.7 89.6 67.6 178.9 921,967 535,315 1,457,282 2028 18.3 88.1 70.3 176.6 901,986 531,603 1,433,589 2029 16.5 86.5 71.8 174.8 880,749 545,701 1,426,449 2030 15.0 84.8 72.2 171.9 858,282 616,091 1,474,372 2031 12.2 82.9 73.9 169.0 834,621 611,997 1,446,617 2032 10.9 80.9 73.6 165.4 809,803 625,615 1,435,418 2033 9.7 78.8 72.6 161.1 783,890 709,920 1,493,810 2034 6.9 76.6 73.0 156.4 756,912 677,223 1,434,135 2035 5.8 74.2 73.2 153.3 728,909 665,402 1,394,311 2036 5.8 71.8 71.0 148.5 699,946 714,658 1,414,604 2037 4.5 69.2 70.0 143.6 670,059 761,075 1,431,133 2038 2.5 66.5 68.5 137.5 639,281 753,462 1,392,743 2039 1.4 63.7 68.4 133.6 607,665 749,143 1,356,808 2040 0.9 60.9 67.0 128.8 575,299 742,107 1,317,405 2041 0.6 57.9 66.0 124.5 542,288 727,230 1,269,518 2042 0.6 54.9 65.6 121.1 508,760 731,973 1,240,733 2043 0.4 51.8 64.5 116.6 474,877 729,416 1,204,293 2044 0.2 48.6 63.1 111.9 440,806 713,888 1,154,695 2045 0.2 45.4 62.5 108.1 406,734 717,335 1,124,068 2046 - 42.2 61.0 103.2 372,911 699,380 1,072,291 2047 - 38.9 60.2 99.1 339,588 687,944 1,027,532 Based only on 12/31/2012 Population Liability = $20,089,266 Expected Benefits PaymentsProjected Participant Counts Eden Prairie Firefighter Relief Association Hildi Incorporated 15 Section 3: Plan Assets Summary of Assets .................................................................... 16 Eden Prairie Firefighter Relief Association Hildi Incorporated 16 Summary of Assets Asset Reconciliation December 31, 2012 December 31, 2010 1. Market Value on prior December 31 $ 16,722,590 $ 14,438,452 2. Contributions for the prior plan year a. State contributions 291,468 292,384 b. Municipal contributions 625,910 1,143,942 c. Fire Dept/Volunteer contributions 0 0 d. Total contributions 917,378 1,436,326 3. Benefits paid during the prior plan year (967,269) (836,752) 4. Expenses (non-investment) paid from plan assets (24,171) (26,318) 5. Return on Plan assets for prior plan year 1,662,982 1,939,041 6. Market Value on current December 31 (1. + 2.d. + 3. + 4. + 5.) $ 18,311,510 $ 16,950,749 7. Estimated return during prior year 10.0% 12.8% Inventory of Trust Assets-Market Value Cash and cash equivalents 1. Cash and sweep balances $ 794,585 2. Total 794,585 Investment Assets 3. Stocks, options and ETFs 4,917,842 4. Fixed Income Securities 6,597,290 5. Mutual Funds 5,051,814 6. Other Assets 949,979 10. Total $ 17,516,925 Other 11. Accrued interest receivable 0 12. Prepaid expense 0 13. Accounts payable 0 14. Total 0 Net Assets held in trust for pension benefits $ 18,311,510 Eden Prairie Firefighter Relief Association Hildi Incorporated 17 Section 4: Other Information Plan Participants ......................................................................... 18 Actuarial Methods and Procedures ............................................ 23 Assumptions ............................................................................... 24 Summary of Plan Provisions ....................................................... 25 Eden Prairie Firefighter Relief Association Hildi Incorporated 18 Plan Participants Statistics for Active and Inactive Participants Plan Year Beginning December 31, 2012 December 31, 2010 1. Number of participants in valuation a. Active Participants i. Vested participants 17 20 ii. Non-vested participants 70 76 iii. Total active participants 87 96 b. Terminated participants with a vested benefit 11 11 c. Participants & beneficiaries receiving benefits 88 73 d. Disabled participants receiving benefits 3 3 e. Total participants in the valuation 189 183 2. Active Participant Statistics a. Average age 37.4 38.6 b. Average years of vesting service 6.7 7.1 3. Inactive Participant Statistics Terminated participants with a vested benefit a. Average Age 45.1 45.3 b. Total annual deferred benefits $ 94,560 $ 96,288 c. Average annual benefits $ 8,596 $ 8,753 Participants receiving benefits d. Average Age 61.4 61.3 e. Total annual benefits being paid $ 1,009,296 $ 862,272 f. Average annual benefits being paid $ 11,091 $ 11,346 Eden Prairie Firefighter Relief Association Hildi Incorporated 19 Plan Participants continued Active Participants Age/Service Grid Years of Service Attained Age Under 1 1 to 4 5 to 9 10 to 14 15 to 19 20 to 24 25 to 29 30 to 34 35 to 39 40 & up Total Under 25 3 3 0 0 0 0 0 0 0 0 6 25 to 29 1 9 3 0 0 0 0 0 0 0 13 30 to 34 1 6 6 2 0 0 0 0 0 0 15 35 to 39 1 4 10 2 0 0 0 0 0 0 17 40 to 44 0 3 10 3 2 0 0 0 0 0 18 45 to 49 0 0 5 3 1 3 0 0 0 0 12 50 to 54 0 0 5 1 0 0 0 0 0 0 6 55 to 59 0 0 0 0 0 0 0 0 0 0 0 60 to 64 0 0 0 0 0 0 0 0 0 0 0 65 to 69 0 0 0 0 0 0 0 0 0 0 0 70 & up 0 0 0 0 0 0 0 0 0 0 0 Total 6 25 39 11 3 3 0 0 0 0 87 Eden Prairie Firefighter Relief Association Hildi Incorporated 20 Plan Participants continued Summary of Changes in the Participant Group Inactive Participants Active Participants With Deferred Benefits Retirees Receiving Benefits* Beneficiaries Receiving Benefits Total Participants at Prior Valuation Date (12/31/2010) 96 11 70 6 183 Retirements (11) (4) 15 0 0 Deaths 0 0 (3) 0 (3) Non-Vested Terminations (8) 0 0 0 (8) Vested Terminations (4) 4 0 0 0 Resume Work 0 0 0 0 0 Payment to Beneficiary Begins 0 0 0 3 3 New Participants During the Year 14 0 0 0 14 Data Corrections 0 0 0 0 0 Participants at Current Valuation Date (12/31/2012) 87 11 82 9 189 *Includes 3 disabled participants. Eden Prairie Firefighter Relief Association Hildi Incorporated 21 Plan Participants continued Projected Benefits for Active Participants Name Entry Date Years of Service Estimated Projected Benefit (at Later of Age 50 or 10 Years of Service) Adie, John 9/8/2010 2.32 1,443$ Albers, Jason 9/5/2007 5.33 934$ Anderson, Erik 9/5/2007 5.33 1,533$ Anderson, Justin 9/10/2008 4.31 1,321$ Berkbigier, Rik 1/5/2006 6.99 560$ Beumer, William 8/24/2004 8.36 1,113$ Branham, Stephen 9/8/2010 2.32 1,509$ Buchanan, Kurt 5/19/2005 7.62 560$ Carrane, Jeff 8/22/2002 10.37 1,694$ Casper, Aaron 10/18/2006 6.21 788$ Christianson, Blake 9/5/2012 0.32 1,622$ Chwiaklowski, Shea 9/5/2012 0.32 822$ Cutting, Andrew 9/8/2010 2.32 879$ Dahlke, Travis 9/5/2007 5.33 1,542$ Dezenski, Jeffery 5/19/2005 7.62 560$ Dixon, Kathleen 9/5/2007 5.33 1,363$ Dostal, Daniel 5/19/2005 7.62 560$ Eggert, Jeffery 5/19/2005 7.62 755$ Fischer, Thomas 9/5/2007 5.33 560$ Fullerton, Allison 9/5/2012 0.32 1,469$ Galuska, Todd 9/8/2010 2.32 1,148$ Gandrud, David 9/10/2008 4.31 560$ Gschwendtner, John 9/8/2010 2.32 560$ Hamilton, Andrew 5/19/2005 7.62 1,378$ Hanink, Kelly 9/5/2007 5.33 725$ Hansen, Ronald 9/11/1997 15.32 1,038$ Harer, Colin 9/7/2011 1.32 1,162$ Harrison, Duane 9/12/1991 21.32 1,292$ Hayden, Douglas 9/10/2008 4.31 1,608$ Hayes, Eric 9/7/2011 1.32 916$ Herrig, Jeff 1/5/2006 6.99 1,131$ Hill, Mari 9/10/2008 4.31 1,612$ Hobbs, William 9/5/2012 0.32 1,785$ Hoehn, Jeremy 8/21/2003 9.37 1,017$ Hoeschen, Cassey 8/22/2002 10.37 1,371$ Howell, Dan 9/7/2011 1.32 1,409$ Irmiter, Jess 8/21/2003 9.37 1,201$ Jacobs, Travis 9/10/2008 4.31 1,493$ Jensen, Don 1/5/2006 6.99 560$ Johnson, Justin 9/8/2010 2.32 1,618$ Johnson, Scott 1/14/1988 24.98 1,660$ Jones, Philip 8/22/2002 10.37 870$ Eden Prairie Firefighter Relief Association Hildi Incorporated 22 Plan Participants continued Projected Benefits for Active Participants continued Name Entry Date Years of Service Estimated Projected Benefit (at Later of Age 50 or 10 Years of Service) Kalkbrenner, Peter 8/23/1999 13.37 749$ Kinzel, Gregory 1/5/2006 6.99 560$ Laursen, Anthony 1/5/2006 6.99 1,386$ Lowe, William 9/5/2007 5.33 915$ Luger, Michael 8/21/2003 9.37 797$ Lynch, Michael 8/24/2004 8.36 1,459$ Maier, Nathan 9/10/2008 4.31 1,167$ Marchand-Tauer, Anne 9/5/2007 5.33 560$ Maynard, Patrick 8/21/2003 9.37 1,034$ Mead, Nathan 9/8/2010 2.32 864$ Meiners, Eric 8/27/2001 11.35 841$ Meuwissen, Jessica 9/10/2008 4.31 1,355$ Narris, Natalie 9/5/2012 0.32 1,187$ O'Connell, Jay 9/14/1995 17.31 1,305$ Parker, Ward 8/23/1999 13.37 993$ Puchalski, Keith 1/5/2006 6.99 921$ Quinn, Ryan 8/21/2003 9.37 1,115$ Richardson, Christopher 9/8/2010 2.32 1,430$ Russell, Kathrine 9/5/2007 5.33 961$ Salo, Mark 9/5/2007 5.33 697$ Savat, Jake 9/7/2011 1.32 1,384$ Schram, Justin 9/7/2011 1.32 1,519$ Schulze, Carter 9/5/2012 0.32 897$ Shetrit, Kfir 9/7/2011 1.32 844$ Skeie, Phillip 1/5/2006 6.99 796$ Stein, Mike 8/24/1998 14.36 1,177$ Svoboda, Anthony 9/7/2011 1.32 1,733$ Tessmann, Steven 8/24/2004 8.36 834$ Thompson, Rick 8/30/2001 11.35 1,120$ Toewe, Glenn 9/11/1997 15.32 1,279$ Torrey, Derek 9/5/2007 5.33 900$ Tostenson, Michelle 9/7/2011 1.32 572$ Trutwin, Joshua 9/10/2008 4.31 954$ Tuntland, Brock 9/5/2007 5.33 1,208$ VandenBerghe, Mark 1/14/1988 24.98 1,475$ Vernoia, Frank 9/5/2007 5.33 560$ Welter, Paul 9/5/2007 5.33 971$ Welter, Ray 8/24/1998 14.36 1,497$ Wheeler, Jacob 9/8/2010 2.32 1,454$ White, Rebecca 8/21/2003 9.37 1,110$ White, Shaun 8/29/2002 10.35 1,497$ Wienholz, Brian 8/24/2004 8.36 943$ Wolfgram, John 8/27/2001 11.35 735$ Wuttke, Travis 9/5/2007 5.33 1,351$ Zafft, Will 10/18/2006 6.21 1,474$ Eden Prairie Firefighter Relief Association Hildi Incorporated 23 Actuarial Methods and Procedures Actuarial Methods Actuarial Assets: The actuarial asset value is determined as the market value of assets not including accrued contributions. Actuarial Cost Method: Entry Age Normal. Valuation Date: December 31. Changes Since Prior Valuation: None. Actuarial Valuation Procedures Financial and census data: We used financial data submitted by the Eden Prairie Firefighter Relief Association without further audit and participant data as supplied by the plan sponsor. This information would customarily not be verified by a plan’s actuary. We have reviewed the information for internal consistency and we have no reason to doubt its substantial accuracy. Benefits not included in liabilities: No actuarial accrued liability is held for non-vested, inactive participants who have a break in service, or for non-vested participants who have quit or been terminated, even if a break in service had not occurred as of the valuation date. Eden Prairie Firefighter Relief Association Hildi Incorporated 24 Assumptions The following assumptions were used in valuing the liabilities and benefits under the plan. Investment Return 5.00% for funding purposes 5.00% for accounting disclosures Salary Increases N/A Other Assumptions Mortality RP-2000 Combined Blue Collar table projected to 2013 with Scale AA for participants and RP-2000 Combined Healthy table projected to 2013 with Scale AA for spouses. Disability Sample rates below: Age Rate as % 20 0.08% 30 0.08% 40 0.20% 50 0.49% 55 0.89% Withdrawal 12% withdrawal assumed at age 20, decreasing 0.48% each year until 0% at age 45, with no withdrawal after age 45. Retirement Age Later of age 50 and 10 years of service Form of Payment 90% elect single life annuity for single actives and 66 2/3% joint and survivor annuity for married actives based on percent married assumption. 10% are assumed to elect a lump sum payment in lieu of a monthly annuity. 25% of active disabilities are assumed to be in the line of duty or fire-service related. Percent Married 85% Age Difference Husbands are 3 years older than their wives Changes from prior year The projection on the mortality was changed from 2011 to 2013. The lump sum rate increased from 0% to 10% with the increase in the lump sum benefit. Eden Prairie Firefighter Relief Association Hildi Incorporated 25 Summary of Plan Provisions Following is a summary of the major plan provisions used to determine the plan’s financial position. It should not be used in determining plan benefits. Plan Name Eden Prairie Firefighter Relief Association Plan Year Calendar year Eligible Employees All volunteer firefighters upon activation in the Eden Prairie Fire Department and approved by the Board of Trustees. Members must be at least 18 years of age. Participation Immediate entry in the plan if an Eligible Employee Service Active performance or supervision of fire suppression or prevention duties by meeting all of the rules and regulations of the fire department during such service. Vesting Schedule Employees who have completed 10 years of service are 100% vested in their benefit. Normal Form of Payment Single life annuity for single participants and 66 2/3% joint and survivor annuity for married participants Optional Form of Payment Lump Sum Benefit Monthly Accrued Benefit $56 x years of Service (up to a maximum of 32 years) Lump Sum Benefit $56 x years of Service (up to a maximum of 32 years) x 150 Entitlement to future benefit increases Retired and deferred vested members who have at least 15 years of Service receive approved increases in the Monthly Accrued Benefit as they become effective. Retired members who elected to receive a lump sum payment will not receive any increases. Normal Retirement Benefit Eligibility: Age 50 with 10 years of Service Benefit: Monthly Accrued Benefit Early Retirement None Deferred Vested Termination Eligibility: 10 years of Vesting Service Benefit: Normal Retirement Benefit payable upon attainment of age 50 Disability Benefit Eligibility: Injury or sickness incurred in the line of duty Benefit: Monthly Accrued Benefit payable during disability Eden Prairie Firefighter Relief Association Hildi Incorporated 26 Summary of Plan Provisions continued Pre-retirement Death Benefit – Annuity Upon death of active or deferred participant: Lump Sum Benefit for each year of active service payable immediately to surviving spouse, children or estate Post-retirement Death Benefit Eligibility: Any current retiree or disabled retiree pension participant who has commenced a monthly retirement benefit and then died Benefit: 66 2/3% of member’s benefit payable until the earlier of death or remarriage of the surviving spouse Forms of Retirement Benefits Life only, 66 2/3% Joint & Survivor or Lump Sum. Changes since Prior Valuation: The lump sum benefit factor changed 100 to 150. . Eden Prairie Firefighter Relief Association Cost of Offering $10,000 Lump Sum Death Benefit During First Year of Service LS Death Benefit 10,000$ Age Male Female 15 2.10$ 1.38$ 16 2.21$ 1.45$ 17 2.35$ 1.53$ 18 2.46$ 1.57$ 19 2.58$ 1.56$ 20 2.69$ 1.55$ 21 2.82$ 1.54$ 22 2.93$ 1.55$ 23 3.06$ 1.60$ 24 3.17$ 1.65$ 25 3.30$ 1.72$ 26 3.50$ 1.83$ 27 3.58$ 1.91$ 28 3.68$ 2.01$ 29 3.86$ 2.12$ 30 4.16$ 2.32$ 31 4.68$ 2.77$ 32 5.27$ 3.15$ 33 5.91$ 3.50$ 34 6.58$ 3.82$ 35 7.24$ 4.11$ 36 7.88$ 4.39$ 37 8.47$ 4.67$ 38 8.91$ 4.98$ 39 9.32$ 5.32$ 40 9.72$ 5.80$ 41 10.15$ 6.36$ 42 10.66$ 7.00$ 43 11.25$ 7.70$ 44 11.94$ 8.45$ 45 12.72$ 9.11$ 46 13.45$ 9.79$ 47 14.25$ 10.47$ 48 15.08$ 11.32$ 49 15.96$ 12.24$ 50 16.88$ 13.41$ 51 19.08$ 15.02$ 52 20.51$ 16.80$ 53 22.42$ 18.86$ 54 24.58$ 21.27$ 55 28.24$ 24.48$ 56 33.17$ 28.57$ 57 37.55$ 32.59$ 58 42.76$ 36.76$ 59 48.20$ 41.61$ 60 54.71$ 47.36$ 61 63.07$ 54.47$ 62 71.95$ 62.37$ 63 83.35$ 71.66$ 64 93.91$ 80.75$ 65 106.04$ 90.94$ *Based on RP-2000 mortality with blue collar adjustment projected to 2013 with Scale AA Cost by Age at Hire and Gender* Hildi Incorporated 3/3/2014 Eden Prairie Firefighter Relief Association Annual Meeting March 13, 2014 President Casper called the 2014 Annual Meeting of the Eden Prairie Firefighter Relief Association (EPFRA) to order at 6:30 PM. Roll call was completed. There were 60 members present, more than the 57 required to establish a quorum. First order of business was the presentation of the 2013 Annual Report by President Casper. All asset classes were up in 2013. The portfolio is well diversified and is designed to protect assets for present and future benefits. There was an 8.8 percent rate of return in 2013. Increased cash needs for payment of benefits, now over $1,000,000 per year, and the need to protect assets in a down market has tempered the rate of return on our investments. There was discussion about items the Board of Trustees are working on regarding the pension plan. Possible future changes include a monthly benefit increase at some point in the future and the possibility of providing only a lump sum option to new members of the EPFRA. There was also discussion about a plan to hire a consultant to look at the interplay between the Eden Prairie Fire Department (EPFD), the EPFRA and the City of Eden Prairie in regards to compensation and retirement benefits to determine the value provided to the City by the EPFD to support a request for a benefit increase. The next order of business was the proposed bylaw changes. The first proposed change was in Article VII, Section One to change the date of the Annual Meeting to June to coincide with the EPFD’s semiannual business meeting effective June 2015. A motion to change the date of the Annual Meeting to June as of 2015 was made by Casey Hoeschen. Kurt Buchanan seconded the motion. The motion was accepted by the membership on a unanimous voice vote. The second proposed change was in Article XI, Section One to change minimum death benefit to $10,000 for less than one year of service. A motion to change the minimum death benefit to $10,000 for members of the EPFRA with less than one year of service was made by Al Hanson. Jeff Dezinski seconded the motion. The motion was accepted by the membership on a unanimous voice vote. The third order of business was to ask the membership to approve a payment of $10,000 from the EPFRA General Fund to the estate of deceased firefighter Matthew Erickson who passed away having less than one year of service on the EPFD. Because of the amount of payment requested approval of the membership was required. Kip Springer made a motion to allow the EPFRA to make payment of $10,000 to the estate of Matthew Erickson. Doug Hayden seconded the motion. The motion was approved on a unanimous voice vote. The last order of business was the election of Trustees to the Board of Trustees of the EPFRA. Phil Jones and Aaron Casper were reelected on a unanimous voice vote to three year terms on the Board. Mr. Casper was nominated by Jason Albers and the nomination was seconded by Patrick Maynard. Mr. Jones was nominated by Kip Springer and the nomination was seconded by Frank Vernoia. There were no other nominations. There was no other new business. President Casper reminded the membership that the board meetings of the EPFRA are open to any member of the EPFRA, and are held on the fourth Thursday of the month (the third Thursday in November and December) at 5:30 PM, except January, April, July, and October when the board meets with our investment advisors. Those meetings start at 5:00 PM. All meeting are held in the conference room at Station One. A motion to adjourn the Annual Meeting of the EPFRA was made by Brian Wienholz. Rik Berkbigler seconded the motion. The motion passed on a unanimous voice vote and the meeting was adjourned at 7:01 PM. Respectfully Submitted, Tom Wilson, Secretary EPFRA CITY COUNCIL AGENDA SECTION: Consent DATE: June 11, 2014 DEPARTMENT/DIVISION: Robert Ellis, Public Works Director ITEM DESCRIPTION: Acquisition of 11201 Burr Ridge Lane, Eden Prairie, MN by negotiation or condemnation. ITEM NO.: VIII.V. Requested Action Move to: Adopt Resolution authorizing the City Engineer and the City Attorney to acquire 11201 Burr Ridge Lane, Eden Prairie, Minnesota by negotiation or condemnation. Synopsis The residence at 11201 Burr Ridge Lane, Eden Prairie, MN (the “Property”) was declared a hazardous building, demolished, and removed by the City. The City now seeks to acquire the Property to construct a storm sewer system and to stabilize and repair soils. The City Attorney’s Office has started discussions with the owners’ attorney regarding the acquisition of the Property by negotiation or condemnation. Background Information Erosion exposed the foundation of the residence located on the Property. On May 20, 2014, the City entered into a construction contract with Northwest Asphalt, Inc. to stabilize and repair the soils at the Property. During construction the Property was subject to extensive amounts of rain. Erosion continued at a rapid rate, and the residence was at imminent risk of failure and collapse. On June 1, 2014, the Chief Building Official posted a notice that the residence was uninhabitable due to the imminent risk of failure and collapse. An Order Declaring Emergency was issued by the Chief Building Official on the same day which notified the owners of the residence that the City Council would hold an emergency meeting on June 2, 2014, regarding the immediate demolition and removal of the residence. On June 2, 2014, the City Council adopted Resolution No. 2014-54, which affirmed the Chief Building Official’s Order referenced above and ordered the immediate demolition and removal of the residence to protect public health, safety, and welfare. Since June 2nd, the owners have vacated the residence, and the City has demolished and removed the same. Authorization is sought to acquire the Property through negotiation or condemnation to construct a storm sewer system and to stabilize and repair soils. The City Attorney’s Office has started discussions with the owners’ attorney regarding acquisition of the Property by negotiation or condemnation. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014 - RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY TO CONSTRUCT A STORM SEWER SYSTEM AND TO STABILIZE AND REPAIR SOILS WHEREAS, the City Council previously ordered the demolition and removal of the premises located at 11201 Burr Ridge Lane, Eden Prairie, Minnesota legally described as Lot 8, Block 15, Bluffs West, according to the recorded plat thereof, Hennepin County, Minnesota. Being Registered land as is evidenced by Certificate of Title No. 1102448 (hereinafter referred to as the “Property”); and WHEREAS, the Director of Public Works has advised the Council that acquisition of the Property in fee is necessary to construct a storm sewer system and to stabilize and repair soils in and around the Property (hereinafter referred to as the “Project”). NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City Engineer and City Attorney are hereby authorized to acquire the Property in fee for the Project through negotiation or condemnation. ADOPTED by the Eden Prairie City Council on June 17, 2014. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: June 17, 2014 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 232274 – 232762 Wire Transfers 1007463– 1007727 Wire Transfers 5048 – 5073 Attachment April Purchasing Card Report City of Eden Prairie Council Check Summary 6/17/2014 Division Amount General 179,254 315 Economic Development 13,324 100 City Manager 1,346 502 Park Development 11,338 101 Legislative 3,982 509 CIP Fund 2,192 102 Legal Counsel 34,607 513 CIP Pavement Management 750 110 City Clerk 492 525 Flying Cloud Dr Improvements -654 111 Customer Service 4,500 526 Transportation Fund 15,039 112 Human Resources 1,595 527 CIP - Leasing Costs 5,211 113 Communications 14,156 528 Shady Oak Rd-CR 61 North 245,055 114 Benefits & Training 12,034 529 Shady Oak Rd-CR 61 South 36,470 130 Assessing 988 530 Pool Upgrade/Expansion 51,420 131 Finance 283 531 Eden Prairie Road 3,076 132 Housing and Community Services 4,728 533 Homeowner Improvement Area 61,800 133 Planning 3,717 Total Capital Projects Funds 445,019 136 Public Safety Communications 6,672 137 Economic Development 135 601 Prairie Village Liquor 199,459 138 Community Development Admin.69 602 Den Road Liquor 308,690 150 Park Administration 2,158 603 Prairie View Liquor 212,879 151 Park Maintenance 38,249 605 Den Road Building 7,348 152 Parks Capital Outlay 215 701 Water Fund 262,102 153 Organized Athletics 4,580 702 Sewer Fund 325,270 154 Community Center 13,900 703 Storm Drainage Fund 33,212 155 Beaches 740 Total Enterprise Funds 1,348,960 156 Youth Programs 5,068 157 Special Events 1,763 316 WAFTA 47 158 Senior Center 1,755 803 Escrow Fund 29,957 159 Recreation Administration 15,980 806 SAC Agency Fund 24,850 160 Therapeutic Recreation 164 Total Agency Funds 54,855 162 Arts 4,882 163 Outdoor Center 164 807 Benefits Fund 1,404,013 168 Arts Center 657 811 Property Insurance 305 180 Police 39,128 812 Fleet Internal Service 132,246 183 Emergency Preparedness 220 813 IT Internal Service 166,064 184 Fire 41,804 814 Facilities Capital ISF 3,031 186 Inspections 792 815 Facilites Operating ISF 122,314 200 Engineering 1,361 816 Facilites City Center ISF 100,725 201 Street Maintenance 12,672 817 Facilites Comm. Center ISF 86,542 202 Street Lighting 71,473 Total Internal Service Funds 2,015,240 Total General Funds 526,286 Report Total 4,894,748 301 CDBG 43,014 303 Cemetary Operation 17 304 Senior Board 298 308 E-911 16,305 309 DWI Forfeiture 9,350 312 Recycle Rebate 25 Total Special Revenue Funds 69,009 427 2005 G.O. IMPR BONDS 9,695 428 G.O. Improv. Revolving 2005B 2,250 434 2008A Capital Equipment Notes 336,634 435 2008B G.O. Improvement Bonds 41,868 436 2009C G.O. CIP Refunding Bonds 3,688 437 G.O. Perm. Improv. 2010A 16,730 438 G.O. Bonds (SCBA) 2011B 3,719 440 GO Perm Impr Ref Bonds 2011D 19,919 445 Cable PEG 879 Total Debt Service Funds 435,380 City of Eden Prairie Council Check Register 6/17/2014 Check #Amount Supplier / Explanation Account Description Business Unit Explanation 5067 482,134 WELLS FARGO BANK MINNESOTA NA Interest Sewer Capital Bond Payment 232583 288,827 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Sewer Utility - General Monthly MCES Fee 232450 240,204 HEALTHPARTNERS Accounts Receivable Health and Benefits Health & Dental Premium 5069 239,723 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 5056 226,640 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 5049 219,470 CERIDIAN Federal Taxes Withheld Health and Benefits Taxes Withheld 232762 201,928 P&T VENTURES,LLC& MARK MCCULLOUGH, ITS A Right of Way & Easement Shady Oak Rd-CR 61 North Easement 5072 146,234 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5059 141,650 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5052 138,889 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 1007525 92,186 XCEL ENERGY Electric City Hall - CAM 1007597 78,721 XCEL ENERGY Electric Traffic Signals 232637 57,600 BARNHOUSE EXTERIORS Other Contracted Services Homeowner Improvement Area 232679 51,420 HAMMEL, GREEN AND ABRAHAMSON Design & Engineering CmtyCtr Pool Upgrade/Expansion 5063 49,294 US BANK Operating Supplies Sewer System Maintenance 232334 49,097 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1007568 46,926 LOGIS LOGIS IT Operating 1007563 46,670 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Rehab 1007586 46,199 SRF CONSULTING GROUP INC Design & Engineering Shady Oak Rd-CR 61 North 232617 41,798 TURFWERKS Autos Public Works 232695 41,449 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 232463 41,195 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 5073 41,155 GENESIS EMPLOYEE BENEFITS, INC Other Deductions Health and Benefits 232704 39,898 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 232573 39,468 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 232341 37,932 LIFE FITNESS Capital Under $25,000 General Fund 1007684 31,667 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 232587 29,256 MINNESOTA DEPT OF HEALTH Licenses, Permits, Taxes Water Testing 232521 27,966 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie Village Liquor Store 1007585 25,997 SHI CORP Other Hardware IT Operating 232390 24,929 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 232708 24,602 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 1007498 23,614 MENARDS Equipment Parts FF&E - Furn, Fixtures & Equip. 232438 22,814 EXECUTIVE TITLE SERVICES INC Refunds CDBG - Public Service 5058 22,755 ING Deferred Compensation General Fund 5051 22,607 ING Deferred Compensation General Fund 5071 22,602 ING Deferred Compensation General Fund 232736 21,822 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1007579 21,087 PARROTT CONTRACTING INC Equipment Repair & Maint Water System Maintenance 232374 20,762 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 5061 19,400 ALLIANCE TITLE Refunds CDBG - Public Service 232522 19,250 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 1007513 19,110 SHI CORP Other Hardware IT Capital 1007558 18,489 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232609 18,328 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1007489 18,311 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 232624 17,874 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Den Road Liquor Store 1007717 17,623 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 232629 17,574 ABM JANITORIALSERVICES-NORTH CENTRAL INC Cleaning Supplies City Hall - CAM 232275 17,078 ABM JANITORIALSERVICES-NORTH CENTRAL INC Cleaning Supplies City Hall - CAM 232495 17,023 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 232571 16,058 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 232668 16,000 EMERGENCY COMMUNICATIONS NETWORK INC Other Contracted Services E-911 Program 1007516 15,956 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1007589 15,743 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 232756 15,733 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 232726 15,726 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 5057 15,658 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 1007496 15,625 HEWLETT-PACKARD COMPANY Computers IT Operating 1007697 15,625 HEWLETT-PACKARD COMPANY Computers IT Operating 5070 15,519 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 5050 15,305 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 232518 15,000 WAGNER, STEPHEN B Deposits Escrow 232274 13,876 COMMISSIONER OF TRANSPORTATION Signs Transportation Fund 1007648 13,670 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 232504 13,507 SOUTHERN WINE & SPIRITS OF MN Liquor Product Received Den Road Liquor Store 232496 13,280 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 232581 13,245 MAGNEY CONSTRUCTION INC Equipment Repair & Maint Water Treatment Plant 232536 13,166 BADGER STATE INSPECTION LLC Improvement Contracts Water Storage 232598 12,629 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 232757 12,594 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 232578 11,222 LAMETTRYS COLLISION Equipment Repair & Maint Fleet Operating 232331 11,171 INTERTECH INC Other Contracted Services IT Operating 1007488 10,186 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 232301 10,129 CRETEX SPECIALTY PRODUCTS Repair & Maint. Supplies Sewer System Maintenance 1007598 9,646 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 1007616 9,579 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Water Treatment Plant 232705 9,484 MATTS AUTO SERVICE INC Equipment Repair & Maint DWI Forfeiture 1007664 9,269 INTEGRITY REMODELING & DESIGN GROUP LLC Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 5062 9,258 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund 232625 9,244 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1007679 9,240 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage 1007695 9,165 HANSEN THORP PELLINEN OLSON Design & Engineering Park Acquisition & Development 1007618 9,034 BARR ENGINEERING COMPANY Design & Engineering Storm Drainage Projects 1007604 8,407 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 232333 8,400 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 232391 8,124 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie View Liquor Store 1007661 8,084 DAY DISTRIBUTING Liquor Product Received Prairie View Liquor Store 232363 7,970 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 232401 7,914 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 232561 7,855 GRAYMONT Treatment Chemicals Water Treatment Plant 1007531 7,847 DAY DISTRIBUTING Liquor Product Received Den Road Liquor Store 232322 7,726 GRAYMONT Treatment Chemicals Water Treatment Plant Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232694 7,607 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 232447 7,562 GRAYMONT Treatment Chemicals Water Treatment Plant 1007480 7,252 C H ROBINSON CAM & Taxes- CHR City Hall - CAM 1007574 6,965 MPX GROUP, THE Printing Community Brochure 1007482 6,637 CENTERPOINT ENERGY Gas Water Treatment Plant 232462 6,593 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 5065 6,560 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits 232755 6,459 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 232520 6,406 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 232340 6,361 LEIRNESS, ALAN P Right of Way & Easement Shady Oak Rd-CR 61 North 232498 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 232493 6,233 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1007474 6,227 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #5 1007663 6,200 GUNNAR ELECTRIC CO INC Contract Svcs - Elect Fire Station #4 1007600 6,184 BERNE SCALE Equipment Parts Water Treatment Plant 232320 6,076 FOSTER, JOHN D Right of Way & Easement Shady Oak Rd-CR 61 North 1007548 5,995 WENCK ASSOCIATES INC Design & Engineering Storm Drainage 1007522 5,950 WALL TRENDS INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 1007647 5,873 STREICHERS Clothing & Uniforms Police 232702 5,850 LAVAN FLOOR COVERING Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 232389 5,848 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 232468 5,727 LAVAN FLOOR COVERING Contract Svcs - General Bldg Arts Center 232595 5,688 PATCHIN MESSNER DODD & BRUMM Right of Way & Easement Shady Oak Rd-CR 61 North 1007658 5,615 BRAUN INTERTEC CORPORATION Other Contracted Services Capital Maint. & Reinvestment 232740 5,424 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concrt Fitness/Conference - Cmty Ctr 232563 5,410 HENNEPIN TECHNICAL COLLEGE Training Supplies Fire 232461 5,400 INTERTECH INC Other Contracted Services IT Operating 232492 5,245 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1007655 5,237 XCEL ENERGY Electric Round Lake 232284 5,219 BAKER Other Contracted Services Economic Development Fund 232645 5,160 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Water System Maintenance 1007485 5,140 CLAUDE'S CERAMIC TILE INC Other Contracted Services FF&E - Furn, Fixtures & Equip. 1007595 5,019 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 232596 4,930 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 232472 4,900 METERING & TECHNOLOGY SOLUTIONS Merchandise for Resale Water Metering 1007677 4,778 A-SCAPE INC Contract Svcs - Lawn Maint.Den Bldg. - CAM 232347 4,768 MICHALES, MARILYN J Right of Way & Easement Shady Oak Rd-CR 61 North 232568 4,680 INFRATECH Repair & Maint. Supplies Sewer System Maintenance 232385 4,669 VERIZON WIRELESS Wireless Subscription IT Operating 1007478 4,664 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1007475 4,661 ASPEN WASTE SYSTEMS INC.Waste Disposal City Hall - CAM 232307 4,617 DSO ARCHITECTURE INC Other Contracted Services Public Works/Parks 232505 4,439 SOUTHWEST SUBURBAN PUBLISHING-CLASSIFIED Printing Wine Club 232361 4,405 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1007564 4,382 HAWKINS INC Treatment Chemicals Water Treatment Plant 232696 4,259 KEEPERS Clothing & Uniforms Fire 232656 4,200 CUSTOM DOOR SALES INC Other Contracted Services Homeowner Improvement Area 232749 4,169 US POSTMASTER Postage Communications 1007520 4,153 VAN PAPER COMPANY Cleaning Supplies Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232356 4,017 NORTHERN AIR CORPORATION Contract Svcs - General Bldg Pool Maintenance 232409 4,000 BAKER Other Contracted Services Economic Development Fund 1007483 3,988 CERIDIAN Ceridian IT Operating 232562 3,970 HEALTHPARTNERS Health & Fitness Fire 232336 3,965 KEEPERS Clothing & Uniforms Animal Control 232316 3,950 FIRST CHOICE EXTERIORS Other Contracted Services Project Fund 232675 3,937 GRAYMONT Treatment Chemicals Water Treatment Plant 232309 3,825 EDEN PRAIRIE HOCKEY ASSOCIATION Other Contracted Services Ice Rink #1 232459 3,750 IND SCHOOL DISTRICT 272 Other Contracted Services Housing and Community Service 1007725 3,675 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 232415 3,673 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 232400 3,667 ABM JANITORIALSERVICES-NORTH CENTRAL INC Janitor Service Utility Operations - General 232440 3,621 FIRE SAFETY USA INC Protective Clothing Fire 232337 3,578 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3 1007632 3,549 METRO SALES INCORPORATED*Other Rentals IT Operating 1007721 3,545 VAN PAPER COMPANY Cleaning Supplies Senior Center 232653 3,528 COMMERCIAL ASPHALT CO Repair & Maint. Supplies Street Maintenance 1007622 3,500 CDW GOVERNMENT INC.Software Maintenance IT Operating 232488 3,487 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves 232703 3,418 MAGNEY CONSTRUCTION INC Equipment Repair & Maint Water Treatment Plant 232516 3,345 UNITED HEALTH GROUP Reimbursement-legal notices Escrow 1007476 3,327 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1007523 3,281 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 232724 3,279 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1007555 3,246 CERIDIAN Ceridian IT Operating 1007654 3,238 WM MUELLER AND SONS INC Patching Asphalt Water System Maintenance 232417 3,220 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Franlo Park 232667 3,214 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 232449 3,114 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 232685 3,113 HOISINGTON KOEGLER GROUP INC Other Contracted Services Planning 232435 3,090 EATS Miscellaneous City Council 232279 3,031 ARENA SOLUTIONS INC Other Contracted Services Facilities Capital 232572 3,016 JMS CUSTOM HOMES Reimbursement-legal notices Escrow 232600 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 232650 3,000 CLARK ENGINEERING CORP Other Contracted Services CIP - Leasing Costs 232648 2,982 CENTURYLINK Telephone IT Telephone 232564 2,963 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1007653 2,921 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 232326 2,916 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 232455 2,840 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1007699 2,832 ITRON INC.Maintenance Contracts Water Metering 1007536 2,830 GREENSIDE INC Contract Svcs - Lawn Maint.Fire Station #1 1007696 2,794 HAWKINS INC Treatment Chemicals Water Treatment Plant 232634 2,767 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1007546 2,641 STRONER, ELIZABETH Operating Supplies Organizational Services 232300 2,623 COSTCO Operating Supplies Reserves 1007552 2,562 BIFFS INC Waste Disposal Park Maintenance 232321 2,553 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 1007680 2,550 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1007640 2,522 POMP'S TIRE SERVICE INC Tires Fleet Operating 1007710 2,516 PAUL'S TWO-WAY RADIO Equipment Repair & Maint Public Safety Communications 1007466 2,500 FIETEK, CHRIS Tuition Reimbursement/School Organizational Services 232647 2,499 CALLYO 2009 CORP Other Contracted Services Police 232351 2,499 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 232684 2,487 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1007551 2,474 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1007620 2,444 BOUND TREE MEDICAL LLC EMS Supplies Fire 232715 2,328 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 1007700 2,313 JEFFERSON FIRE & SAFETY INC Training Supplies Fire 232453 2,298 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1007711 2,292 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #4 1007515 2,285 STREICHERS Clothing & Uniforms Police 1007481 2,270 CDW GOVERNMENT INC.Miscellaneous Housing and Community Service 232395 2,250 MINNESOTA DNR Licenses & Taxes Eden Prairie Road 232623 2,244 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 232753 2,211 WELSH COMPANIES Other Contracted Services CIP - Leasing Costs 232674 2,119 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 232588 2,085 MINNESOTA RECREATION & PARK FOUNDATION Dues & Subscriptions Parks Administration 1007467 2,054 GOLDENSTEIN, JAMES Tuition Reimbursement/School Organizational Services 232490 2,038 ORION SAFETY PRODUCTS Operating Supplies Police 232365 2,000 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 232665 2,000 EDEN PRAIRIE, CITY OF Dues & Subscriptions Fire 1007691 1,999 GENUINE PARTS COMPANY Operating Supplies Ice Arena Maintenance 232577 1,997 LAKEWEST DEVELOPMENT LLC Reimbursement-legal notices Escrow 232497 1,984 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Day Care 232584 1,980 MHSRC/RANGE Training Supplies Police 232500 1,955 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 232745 1,912 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store 232508 1,847 STAPLES ADVANTAGE Office Supplies City Center Operations 232474 1,805 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 232589 1,760 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 232709 1,747 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1007615 1,745 VINOCOPIA Liquor Product Received Prairie View Liquor Store 232380 1,693 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police 232327 1,680 HOIGAARD'S CUSTOM CANVAS Equipment Parts Water Treatment Plant 232676 1,679 HAGGENMILLER LUMBER INC Building Materials Riley Lake 1007660 1,676 CLAREY'S SAFETY EQUIPMENT Repair & Maint. Supplies Fire 1007723 1,672 WATSON CO INC, THE Merchandise for Resale Concessions 232290 1,629 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security City Hall - CAM 232641 1,605 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 232655 1,600 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Sewer System Maintenance 5054 1,586 GENESIS EMPLOYEE BENEFITS, INC Other Contracted Services Health and Benefits 232314 1,564 FINLEY BROS INC Other Contracted Services Park Maintenance 232576 1,560 KOLLMER CONSULTANTS INC Design & Engineering Water Capital 232405 1,550 ARENA SERVICES AND PRODUCTS Contract Svcs - Ice Rink Ice Arena Maintenance 1007646 1,532 STONEBROOKE Equipment Parts Police 232293 1,523 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Hall - CAM 232406 1,518 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Explanation 5064 1,518 GENESIS EMPLOYEE BENEFITS, INC HSA Health and Benefits 232421 1,514 CHANHASSEN, CITY OF Equipment Repair & Maint Water System Maintenance 232554 1,500 EDENDALE RESIDENCE INC Refunds Storm Drainage 1007542 1,500 PARK SUPPLY OF AMERICA INC Supplies - HVAC Facilities Operating ISF 1007495 1,491 GREENSIDE INC Contract Svcs - Snow Removal City Hall - CAM 1007580 1,470 POMP'S TIRE SERVICE INC Tires Fleet Operating 232721 1,448 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating 232416 1,445 BROTHERS FIRE PROTECTION Contract Svcs - HVAC Garden Room Repairs 232448 1,441 HAGGENMILLER LUMBER INC Building Materials Outdoor Center 232375 1,428 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 232299 1,427 COMPLETE NUTRITION Den Road Bldg - Tenant #1 C.N.Den Bldg. - CAM 232610 1,423 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 232470 1,400 MARTIN-MCALLISTER Employment Support Test Organizational Services 232506 1,388 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 232565 1,375 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Police City Center 232737 1,374 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1007521 1,373 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1007494 1,357 GRAINGER Equipment Parts City Hall - CAM 232616 1,340 TRUE FABRICATIONS Liquor Product Received Prairie View Liquor Store 1007540 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall - CAM 232407 1,306 ARVIG CONSTRUCTION Wireless Subscription IT Operating 232445 1,296 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General 232306 1,290 DOMACE VINO Liquor Product Received Prairie View Liquor Store 232287 1,260 BEACON ATHLETICS Operating Supplies Park Maintenance 232503 1,250 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 1007619 1,244 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1007581 1,235 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - CAM 232280 1,229 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1007470 1,228 USA MOBILITY WIRELESS INC Pager & Cell Phone IT Operating 232630 1,200 AIRWATCH LLC Software Maintenance IT Operating 232631 1,196 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Building City Center Operations 1007576 1,187 OENO'S DISTRIBUTION Liquor Product Received Den Road Liquor Store 1007557 1,183 DAIKIN APPLIED Supplies - HVAC City Hall - CAM 1007652 1,183 WATSON CO INC, THE Merchandise for Resale Concessions 232430 1,180 COMMERCIAL ASPHALT CO Repair & Maint. Supplies Water System Maintenance 232342 1,174 LUBE-TECH ESI Equipment Repair & Maint Fleet Operating 1007538 1,166 INTEREUM INC Capital Under $25,000 City Center Operations 232706 1,125 MCCANN, SHAWN DANIEL Other Contracted Services July 4th Celebration 1007651 1,123 WALL TRENDS INC Supplies - General Bldg Arts Center 1007524 1,088 WM MUELLER AND SONS INC Gravel Water System Maintenance 1007499 1,088 METRO SALES INCORPORATED*Other Hardware IT Operating 1007722 1,075 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1 232412 1,048 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1007689 1,041 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 232683 1,040 HIGHWAY 5 BP Equipment Repair & Maint Fire 1007666 1,039 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 232691 1,024 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 232585 999 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 232350 998 MIDWEST LOCK & SAFE Contract Svcs - General Bldg Pool Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232534 994 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 232451 994 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 232296 988 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 232349 974 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1007683 955 CENTERPOINT ENERGY Gas Crestwood Park 232292 952 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 232485 941 NORTHERN AIR CORPORATION Building Repair & Maint.Utility Operations - General 1007562 919 GRAINGER Small Tools Facilities Operating ISF 1007526 911 ZIEGLER INC Equipment Parts Fleet Operating 1007716 910 STREICHERS Clothing & Uniforms Police 1007507 907 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC City Hall - CAM 1007569 905 LUBRICATION TECHNOLOGIES INC Lubricants & Additives Fleet Operating 232638 900 BARTON SAND & GRAVEL CO Repair & Maint. Supplies Water System Maintenance 232626 899 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 232730 896 RETROFIT COMPANIES, INC, THE Supplies - Electrical Fitness/Conference - Cmty Ctr 232569 885 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 232570 885 INTERNATIONAL UNION OF OPERATING Union Dues Withheld General Fund 1007694 879 GRANICUS INC Equipment Repair & Maint Cable PEG 1007505 872 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Den Bldg. - CAM 232454 850 HOUTZ, STEPHEN J Other Contracted Services Summer Theatre 232403 829 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire 232633 828 AQUA ENGINEERING INC Building Repair & Maint.Utility Operations - General 1007726 825 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 232639 810 BCA/CRIMINAL JUSTICE TRAINING & EDUCATIO Tuition Reimbursement/School Police 232649 809 CENTURYLINK Telephone Water Treatment Plant 232697 800 KRAFT TREE SERVICE INC Other Contracted Services Tree Removal 232346 792 MHSRC/RANGE Tuition Reimbursement/School Police 232473 792 MHSRC/RANGE Tuition Reimbursement/School Police 232612 791 STAPLES ADVANTAGE Office Supplies Police 1007649 779 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 232308 776 EATS Operating Supplies Reserves 232602 773 PRAIRIE EQUIPMENT COMPANY Small Tools Water System Maintenance 232344 768 MARCO INC Telephone IT Telephone 232318 767 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1007534 767 FLEETPRIDE INC Equipment Parts Fleet Operating 1007594 765 VTI Equipment Repair & Maint Public Safety Communications 1007656 760 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 1007506 755 POMP'S TIRE SERVICE INC Tires Fleet Operating 232528 750 ADVANCED PUBLIC SAFETY INC Software IT Operating 232559 750 GOODPOINTE TECHNOLOGY (C/O ZOOM)Design & Engineering CIP Pavement Management 232698 748 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Fitness/Conference - Cmty Ctr 232446 747 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 232751 743 WALDORF COLLEGE Tuition Reimbursement/School Fire 232689 724 IND SCHOOL DIST 272 Gym Rental Basketball 1007502 721 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1007479 720 BOYER TRUCKS Equipment Parts Fleet Operating 1007628 717 LAW ENFORCMENT TARGETS INC Training Supplies Police 232549 716 CONSTRUCTION MATERIALS INC Small Tools Storm Drainage 1007560 706 FASTSIGNS Printing Recreation Admin Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1007674 698 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 232537 685 BERRY COFFEE COMPANY Merchandise for Resale Concessions 232277 684 AEROFLEX WICHITA INC Equipment Repair & Maint Public Safety Communications 1007539 679 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 1007537 665 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 232642 663 BOOM ISLAND BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1007701 660 LAW ENFORCMENT TARGETS INC Training Supplies Police 232531 660 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1007587 655 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Utility Operations - General 232376 652 STAPLES ADVANTAGE Office Supplies Customer Service 232661 652 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating 232635 638 ASPEN MILLS Clothing & Uniforms Fire 232466 635 KEEPERS Clothing & Uniforms Fire 232627 635 PETTY CASH Operating Supplies Den Road Liquor Store 1007641 622 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Utility Operations - General 232741 621 THERMASTOR PRODUCTS GROUP Building Repair & Maint.Utility Operations - General 232404 620 ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police 232432 614 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 232622 608 VINOANDES Liquor Product Received Prairie View Liquor Store 1007591 605 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 232608 603 SIR KNIGHT CLEANERS Clothing & Uniforms Fire 232311 599 ENVIRONMENTAL EQUIPMENT & SERVICES Equipment Parts Fleet Operating 232353 599 MONROE, MICHAEL Other Contracted Services Arts in the Park 1007463 597 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Facilities Operating ISF 232722 594 OXYGEN SERVICE COMPANY EMS Supplies Fire 232362 577 PENHALL SAFETY Outside Water Sales Escrow 1007693 574 GRAINGER Safety Supplies City Hall - CAM 1007519 567 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 1007692 567 GOVDELIVERY Software Maintenance IT Operating 232662 560 DOMACE VINO Liquor Product Received Den Road Liquor Store 232345 550 MEDICINE LAKE TOURS Special Event Fees Trips 232690 548 IND SCHOOL DIST 272 Gym Rental Volleyball 1007690 544 GARTNER REFRIGERATION & MFG INC Contract Svcs - Electrical Ice Arena Maintenance 1007567 541 LOCATORS & SUPPLIES INC Asphalt Overlay Street Maintenance 232748 540 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 232511 537 TALLEN & BAERTSCHI Legal Legal Criminal Prosecution 232523 533 XTREME INTEGRATION Inside Equipment Repair & Main IT Operating 232606 531 SEASONAL SERVICES ON LAKE MINNETONKA Other Contracted Services Park Maintenance 232716 530 MN STATE BOARD OF ASSESSORS Licenses & Taxes Assessing 232530 529 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 232286 523 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 1007547 520 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1007565 518 HD SUPPLY FACILITIES MAINTENANCE Supplies - General Building Police City Center 1007626 515 GRAINGER Cleaning Supplies Garden Room Repairs 232575 512 KEEPERS Training Supplies Animal Control 232382 510 TOUCHPOINT LOGIC LLC Other Contracted Services Communications 232324 510 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1007644 508 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund 232360 500 PAUL SPRING MUSIC Other Contracted Services Arts in the Park Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232754 500 WILDLIFE REMOVAL SERVICES Other Contracted Services Storm Drainage 1007702 499 MENARDS Equipment Parts Fitness/Conference - Cmty Ctr 232398 495 PETTY CASH-POLICE DEPT Operating Supplies Police 232515 486 UNIFORMS UNLIMITED Clothing & Uniforms Police 232441 486 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 232701 476 LANO EQUIPMENT INC Equipment Repair & Maint Traffic Signals 232330 469 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 232688 468 IND SCHOOL DIST 272 Gym Rental Volleyball 1007687 467 DAIKIN APPLIED Contract Svcs - HVAC City Hall - CAM 232599 465 PINNACLE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 1007706 454 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 232471 453 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 232294 439 CENTURYLINK Wireless Subscription Water Distribution 1007508 438 PROSOURCE SUPPLY Janitor Service Fitness/Conference - Cmty Ctr 232527 433 ADESA MPLS Miscellaneous DWI Forfeiture 1007645 432 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Communications 1007621 432 CANNON RIVER WINERY Liquor Product Received Den Road Liquor Store 232560 431 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 232614 431 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 232469 429 LOTHENBACH, NANCY Deposits-P&R Refunds Community Center Admin 232707 425 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 1007550 423 AMERITRAK Other Contracted Services Traffic Signals 5068 415 CERIDIAN Garnishment Withheld General Fund 1007611 411 ROJAS, REGINA Tuition Reimbursement/School Organizational Services 1007638 411 MULCAHY COMPANY INC Supplies - HVAC City Hall - CAM 1007566 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1007471 405 WITT, BETH Mileage & Parking Aquatics & Fitness Admin 1007593 403 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 232392 400 WRIGHT, JOHN Other Contracted Services Arts in the Park 232411 400 BELLAND, BRIANNA M Other Contracted Services Summer Theatre 232643 390 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 232388 389 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water System Maintenance 232419 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 232413 386 BERRY COFFEE COMPANY Merchandise for Resale Concessions 232387 383 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1007570 383 MENARDS Landscape Materials/Supp Park Maintenance 232332 377 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 232620 376 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball 232381 373 TITAN ENERGY SYSTEMS Contract Svcs - Fire/Life/Sfty City Hall - CAM 232420 368 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 1007533 365 FASTENAL COMPANY Operating Supplies Fleet Operating 232291 360 BLOOMINGTON, CITY OF Kennel Services Animal Control 1007500 360 MINNESOTA RECREATION & PARK ASSOCIATION Conference/Training Recreation Admin 232538 360 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 232541 356 CENTURYLINK Telephone IT Telephone 232744 355 TRAFFIC CONTROL CORPORATION Small Tools Traffic Signals 1007671 353 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 232310 353 ENCORE/JENEKA Den Road Bldg - Tenant #2 Encr Den Bldg. - CAM 1007561 352 GRAFIX SHOPPE Autos Police Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232358 352 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Utility Operations - General 232512 351 TITAN ENERGY SYSTEMS Contract Svcs - HVAC Police City Center 232502 350 SOUNDS GREAT Other Contracted Services Special Initiatives 232735 350 SOUNDS GREAT Other Contracted Services Round Lake Beach 1007510 350 REINDERS INC Landscape Materials/Supp Park Maintenance 1007718 347 TOWMASTER INC Equipment Parts Fleet Operating 232646 346 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Water System Maintenance 1007535 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 232434 345 DELEGARD TOOL CO Small Tools Fleet Operating 1007650 333 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 1007698 330 IDEAL SERVICE INC Maintenance Contracts Water Wells 5048 321 CERIDIAN Garnishment Withheld General Fund 5055 321 CERIDIAN Garnishment Withheld General Fund 232370 320 ROOT O MATIC Equipment Repair & Maint Sewer System Maintenance 232567 320 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 232487 319 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Utility Operations - General 1007629 319 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating 1007504 318 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1007670 316 PROSOURCE SUPPLY Cleaning Supplies City Center Operations 232329 316 IND SCHOOL DISTRICT # 272 Refunds CDBG - Public Service 1007544 314 ROTO-ROOTER Maintenance Contracts Water Treatment Plant 232494 311 PRAIRIE LAWN AND GARDEN Equipment Parts Park Maintenance 232396 310 MINNESOTA POLLUTION CONTROL AGENCY Licenses & Taxes Eden Prairie Road 1007608 308 LIND, LAWRENCE Mileage & Parking Water Treatment Plant 232681 308 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 1007705 307 MPX GROUP, THE Printing Police 232460 307 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 232399 305 ONLY 1 AUTO GLASS Insurance Property Insurance 1007631 303 MENARDS Equipment Parts Traffic Signals 1007530 302 CARLSON, PAUL Mileage & Parking Water Treatment Plant 1007603 302 CARLSON, KEVIN Mileage & Parking Water Treatment Plant 232750 301 VERIZON WIRELESS Telephone Park Maintenance 232660 300 DISPLAY SALES Supplies - General Bldg Senior Center 1007627 300 KIDCREATE STUDIO Other Contracted Services Storm Drainage 232319 299 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 1007688 297 DAKOTA SUPPLY GROUP INC Supplies - General Bldg Facilities Operating ISF 1007685 295 CERIDIAN Ceridian IT Operating 232692 295 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1007509 292 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 232717 290 MY CABLE MART Other Hardware IT Operating 1007532 289 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 232458 288 IND SCHOOL DIST 272 Printing Special Initiatives 1007606 288 GUNNAR ELECTRIC CO INC Equipment Repair & Maint Traffic Signals 1007610 287 PAPER DIRECT INC Operating Supplies Den Road Liquor Store 232663 287 E WEINBERG SUPPLY & EQUIPMENT Operating Supplies Fire 232456 285 IND SCHOOL DIST 272 Operating Supplies Ice Show 232457 285 IND SCHOOL DIST 272 Printing Youth Programs Admin 232553 284 EATS Conference/Training Engineering 232439 283 FINANCE & COMMERCE INC Right of Way & Easement Shady Oak Rd-CR 61 South Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1007512 282 SCHARBER & SONS Equipment Repair & Maint Fleet Operating 232397 281 PETTY CASH Mileage & Parking Administration 232383 280 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1007484 280 CLAREY'S SAFETY EQUIPMENT Office Supplies Fleet Operating 1007582 276 PREMIUM WATERS INC Operating Supplies Fire 1007714 275 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 232713 273 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 232628 273 STATE OF MN DRIVER & VEHICLE SERVICES Licenses, Permits, Taxes, Fees Round Lake Beach 232579 271 LUBE-TECH ESI Equipment Repair & Maint Fleet Operating 1007623 266 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld General Fund 1007617 262 AMERITRAK Equipment Parts Fleet Operating 232436 260 EDEN PRAIRIE WINLECTRIC Operating Supplies Park Maintenance 232467 260 LAKE MONSTER BREWING Liquor Product Received Prairie View Liquor Store 1007571 257 METRO ELEVATOR INC Contract Svcs - Elevator City Hall - CAM 232423 255 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1007588 255 STREICHERS Clothing & Uniforms Police 1007727 254 XCEL ENERGY Electric Forest Hills Park 1007541 253 MINNESOTA CLAY CO. USA Operating Supplies General Fund 232297 245 COGNITIVE VENTURES CHANHASSEN LLC Other Contracted Services Senior Center Programs 232282 241 ASPEN MILLS Clothing & Uniforms Fire 232507 240 STAHL, RANDAL Deposits-P&R Refunds Community Center Admin 232669 240 FIRE DEPARTMENT TRAINING NETWORK Training Supplies Fire 232687 240 IND SCHOOL DIST 272 Gym Rental Volleyball 1007490 239 FERRELLGAS Repair & Maint. Supplies Fleet Operating 1007473 239 AMERICAN TIME & SIGNAL CO Contract Svcs - Gen. Bldg City Center Operations 232323 238 GS DIRECT Operating Supplies Engineering 232517 238 WACONIA MANUFACTURING INC Patching Asphalt Street Maintenance 232728 238 PRINT SOURCE MINNESOTA Printing City Council 1007529 236 BOUNDLESS NETWORK Operating Supplies Day Care 232510 235 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 232478 233 MINNESOTA TROPHIES & GIFTS Operating Supplies Police 232431 233 CONSTRUCTION MATERIALS INC Repair & Maint. Supplies Storm Drainage 1007596 232 WM MUELLER AND SONS INC Repair & Maint. Supplies Water System Maintenance 1007642 232 RIGID HITCH INCORPORATED Autos Fire 232499 230 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1007662 227 FASTENAL COMPANY Equipment Parts Park Maintenance 1007486 226 DAIKIN APPLIED Contract Svcs - HVAC City Hall - CAM 232379 225 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Storm Drainage 232285 225 BATTLE LAKE SENIOR CARD PROJECT Supply-Greeting Cards Senior Board 1007583 223 RIVERS EDGE CONCRETE Equipment Parts Fleet Operating 232427 222 COMCAST Cable TV Fire 232654 221 CONTECH ENGINEERED SOLUTIONS LLC Repair & Maint. Supplies Storm Drainage 1007607 220 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance 232298 220 COMCAST Wireless Subscription IT Operating 232719 218 NOVAK STUMP REMOVAL Other Contracted Services Tree Removal 232443 217 GE CAPITAL Other Rentals IT Operating 1007609 216 METROPOLITAN FORD Equipment Parts Fleet Operating 232452 216 HENNEPIN COUNTY TAXPAYER SERVICES DEPT Other Contracted Services Engineering 1007665 215 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Capital Outlay Parks Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232682 215 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1007703 210 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 1007681 207 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 232526 205 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 232671 204 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating 232276 203 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Fire Station #3 232632 202 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 232693 201 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance 232686 200 IND SCHOOL DIST 272 Gym Rental Volleyball 232712 200 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Supplies Fire 232677 199 HALDEMANN HOMME INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 1007635 197 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 1007720 195 US HEALTH WORKS MEDICAL GRP MN, PC Employment Support Test Organizational Services 1007672 194 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 232437 193 EMERGENCY RESPONSE SOLUTIONS Equipment Repair & Maint Fire 1007517 188 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 232603 187 PROP United Way Withheld General Fund 232604 187 PROP United Way Withheld General Fund 232605 177 ROBERT C VOGEL Other Contracted Services Heritage Preservation 1007708 177 NUCO2 INC Supplies - Pool Pool Maintenance 232465 175 KAISER, DAVID S Equipment Repair & Maint Fitness Center 232532 175 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store 232328 173 IND SCHOOL DIST 272 Miscellaneous General Fund 232475 173 MINNESOTA CONWAY Equipment Repair & Maint Fire 232732 172 SCHASER, LAUREEN Deposits-P&R Refunds Community Center Admin 1007676 170 A TO Z RENTAL CENTER Other Rentals Street Maintenance 232295 168 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 232658 165 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 232402 162 AMERICAN WORKSHOP Instructor Service Senior Center Programs 1007543 161 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1007465 160 BOUNDLESS NETWORK Operating Supplies Ice Rink #1 1007657 159 BATTERIES PLUS Fire Prevention Supplies City Center Operations 232747 158 UNIFORMS UNLIMITED Clothing & Uniforms Animal Control 1007613 156 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 232673 155 GERTENS Landscape Materials/Supp Park Maintenance 232425 154 COMCAST Cable TV Fire 232289 153 BEVWIZARD CO, THE Liquor Product Received Prairie View Liquor Store 232394 150 MINNESOTA DEPARTMENT OF HEALTH Licenses & Taxes Eden Prairie Road 232593 150 MSANI Tuition Reimbursement/School Police 232601 150 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 232700 150 LANDSCAPE RESTORATION INC Other Contracted Services Storm Drainage 1007592 150 USA SECURITY Maintenance Contracts Water Treatment Plant 232426 149 COMCAST Cable TV Fire 232428 149 COMCAST Cable TV Fire 232738 148 STAPLES ADVANTAGE Office Supplies Customer Service 1007493 146 GRAFIX SHOPPE Equipment Parts Fleet Operating 1007707 146 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1007497 144 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 1007713 144 PRINTERS SERVICE INC Repair & Maint - Ice Rink Ice Arena Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232615 143 TRANSPORT GRAPHICS Protective Clothing Fire 232666 143 ELECTRICAL INSTALLATION & MAINTENANCE Maintenance Contracts Water Treatment Plant 1007599 140 ANDERSON, ERIK Protective Clothing Fire 1007630 140 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 232348 140 MICRO CENTER A/R Miscellaneous IT Operating 232368 139 PRINT SOURCE MINNESOTA Refunds CDBG - Public Service 1007577 138 OSI BATTERIES INC Operating Supplies Police 232422 138 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations - General 1007575 138 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 232484 137 NORTH CENTRAL REFORESTATION INC Landscape Materials/Supp Reforestation 1007682 136 CDW GOVERNMENT INC.Other Hardware IT Operating 232410 135 BARTON SAND & GRAVEL CO Repair & Maint. Supplies Water System Maintenance 1007554 133 CENTERPOINT ENERGY Gas Prairie Village Liquor Store 232278 133 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie Village Liquor Store 232384 132 US POSTMASTER Postage Senior Center Admin 1007491 131 FORKLIFTS OF MINNESOTA INC Maintenance Contracts Utility Operations - General 232519 131 WHAT WORKS INC Other Contracted Services Prairie Village Liquor Store 232699 130 LAKE MONSTER BREWING Liquor Product Received Den Road Liquor Store 232547 129 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 232548 129 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld General Fund 1007715 127 ST CROIX RECREATION CO INC Repair & Maint. Supplies Park Maintenance 1007492 127 GARTNER REFRIGERATION & MFG INC Repair & Maint - Ice Rink Ice Arena Maintenance 232543 125 CHRISTENSEN, MARGE Deposits-P&R Refunds Community Center Admin 232590 125 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating 232371 123 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1007468 123 KAPAUN, RYAN Mileage & Parking Police 1007639 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 232611 120 SQUARE CUT Instructor Service Senior Center Programs 1007578 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 232501 120 SOLAR SHIELD INC Equipment Parts Fleet Operating 1007612 119 SCHULZE, CARTER Mileage & Parking Engineering 232338 117 LANO EQUIPMENT INC Equipment Parts Fleet Operating 5060 116 OPTUM HEALTH Other Contracted Services Health and Benefits 232442 113 G & K SERVICES-MPLS INDUSTRIAL Other Contracted Services Park Maintenance 232352 110 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance 232513 110 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police 232464 110 JONGQUIST, WILLIAM AR Utility Water Enterprise Fund 232659 110 DIRECTV Cable TV Community Center Admin 232752 109 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 1007514 108 SPS COMPANIES Repair & Maint. Supplies Park Maintenance 232359 107 OXYGEN SERVICE COMPANY EMS Supplies Fire 232743 107 TMS JOHNSON Supplies - HVAC Pool Maintenance 232304 105 DIRECTV Cable TV Community Center Admin 1007675 104 WILSON, TAMMY Mileage & Parking Finance 232636 104 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1007553 104 BOYER TRUCKS Equipment Parts Fleet Operating 232281 100 ASHE, MADELINE Refunds Environmental Education 232312 100 EUSTICE, BRITTANY Refunds Environmental Education 232313 100 FAINT, ROBERT Refunds Storm Drainage Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232325 100 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 232343 100 LYNG, JERALD Refunds Environmental Education 232354 100 MOQUIST, LYNDON Other Contracted Services Assessing 232357 100 O'CONNOR, ANNETTE Other Contracted Services Assessing 232364 100 PIDCOCK, PATRICIA Other Contracted Services Assessing 232386 100 WALKER, TODD Other Contracted Services Assessing 232477 100 MINNESOTA FIRE SERVICE CERTIFICATION BOA Employment Support Test Fire 232539 100 BRANDSER, KIM Refunds Environmental Education 232542 100 CHAHARSOOGHI, MINA Refunds Environmental Education 232544 100 CICCOLELLA, MIKE Refunds Environmental Education 232545 100 CLARK, JOAN Refunds Environmental Education 232591 100 MONGER, KIRK Refunds Environmental Education 232607 100 SEWALL, ELLIE Refunds Environmental Education 232640 100 BEND IN THE RIVER BIG BAND Other Contracted Services Staring Lake Concert 232672 100 FLESCH, JOHN Refunds Environmental Education 232678 100 HALGREN, ROBERT Refunds Environmental Education 232718 100 NICHOLS, LINDA Refunds Environmental Education 232723 100 PAGEL, PAUL Other Contracted Services Staring Lake Concert 232729 100 RASMUSSEN, DOUGLAS E Other Contracted Services Staring Lake Concert 232731 100 RICHTER, BRIAN E.Other Contracted Services Staring Lake Concert 232742 100 THOMPSON, KATIE Refunds Environmental Education 232758 100 YU, POMSOK Refunds Environmental Education 1007634 100 MINNESOTA RECREATION & PARK ASSOCIATION Employment Advertising Organizational Services 1007668 98 MPX GROUP, THE Fire Prevention Supplies Fire 1007633 97 METROPOLITAN FORD Equipment Parts Fleet Operating 1007643 95 SPRINT Computers IT Operating 232710 95 MINNESOTA CONWAY Repair & Maint. Supplies Fire 1007614 94 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 232727 91 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Utility Operations - General 5066 90 VANCO SERVICES Miscellaneous Community Center Admin 232558 90 FREELAND, ANDY Refunds Environmental Education 1007602 88 CALIRI, KATHARINE Mileage & Parking Finance 232414 85 BLOOMINGTON, CITY OF Kennel Services Animal Control 232714 85 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance 1007605 84 FIETEK, CHRIS Mileage & Parking Police 1007477 83 BATTERIES PLUS Operating Supplies Prairie View Liquor Store 1007667 83 METROPOLITAN FORD Equipment Parts Fleet Operating 232586 82 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 232491 81 OXYGEN SERVICE COMPANY EMS Supplies Fire 232373 81 SIGNSOURCE Supplies - General Building City Center Operations 1007549 81 WILSON, JOHN D.Operating Supplies Police 232283 81 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 232424 80 COBORNS Merchandise for Resale Concessions 1007724 79 WHEELER HARDWARE COMPANY Operating Supplies Traffic Signs 1007464 78 BOGREN, ANN Clothing & Uniforms Police 1007573 78 MOTOROLA Equipment Repair & Maint Public Safety Communications 1007636 78 MOTOROLA Equipment Repair & Maint Public Safety Communications 1007704 78 MOTOROLA Equipment Repair & Maint Public Safety Communications 232369 78 REMAKEL, JOHN Ball Field Fees Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Explanation 1007673 77 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 232618 76 UNITED WAY United Way Withheld General Fund 232619 76 UNITED WAY United Way Withheld General Fund 232582 75 MEADOWS LAND LLC Deposits Escrow 232514 75 TRI-COUNTY LAW ENFORCEMENT ASSOCIATION Dues & Subscriptions Police 1007709 73 OSI BATTERIES INC Operating Supplies Traffic Signs 1007511 72 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1007601 70 BUCHANAN, KURT Travel Expense Fire 232315 70 FIRE SAFETY USA INC Repair & Maint. Supplies Fire 1007501 70 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1007637 69 MPX GROUP, THE Printing Police 232288 67 BERTHOLD, MAUREEN Refunds Environmental Education 1007469 66 SHRED-IT USA MINNEAPOLIS Other Contracted Services Community Center Admin 232540 66 BUSINESS IMPACT GROUP Clothing & Uniforms Fire 1007572 64 MN SUPPLY Equipment Parts Fleet Operating 232482 64 MSC INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 1007528 63 BOHNSACK, SUE Mileage & Parking Senior Center Admin 232761 63 DEPARTMENT OF NATURAL RESOURCES Licenses, Permits, Taxes Storm Drainage 232550 63 DIRECTV Other Contracted Services Police 1007545 63 SALUNKE, ADITI Mileage & Parking IT Operating 232378 61 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 232302 61 CUB FOODS EDEN PRAIRIE Operating Supplies Police 232366 60 PRAHA DISTRIBUTING Liquor Product Received Den Road Liquor Store 232486 60 NORTHERN TOOL Equipment Repair & Maint Park Maintenance 1007625 59 GINA MARIAS INC Operating Supplies Reserves 232476 58 MINNESOTA COUNTY ATTORNEYS ASSN Printing Police 232556 58 FELKER, BARBARA Deposits-P&R Refunds Community Center Admin 232557 58 FISCHER, MARLENE Deposits-P&R Refunds Community Center Admin 1007659 58 CARLSTON, BRANDON Equipment Repair & Maint Police 232444 57 GEAR WASH LLC Protective Clothing Fire 232574 56 KAUFMAN, JAMES Deposits-P&R Refunds Community Center Admin 1007559 55 DMX MUSIC Other Rentals Prairie Village Liquor Store 232597 54 PETSMART Canine Supplies Police 1007669 53 PARK SUPPLY OF AMERICA INC Supplies - Plumbing Fire Station #4 1007686 52 CONCRETE CUTTING & CORING INC Operating Supplies Street Maintenance 1007527 50 AMERICAN SOLUTIONS FOR BUSINESS Clothing & Uniforms Arts Center 232372 50 SIGNSOURCE Office Supplies Administration 232733 50 SIGNSOURCE Office Supplies Administration 232335 50 JOHNSON, JIM Other Contracted Services Assessing 232355 50 MPPOA Printing Police 232533 50 ARMSTRONG, MARY Refunds Environmental Education 232552 50 DOWELL, JIMMY Refunds Environmental Education 232592 50 MPPOA Printing Police 232594 50 OLMSTED COUNTY SHERIFF'S DEPARTMENT Deposits Escrow 232734 50 SMILE TRAIN, THE Deposits Escrow 232580 49 MAGISTOCCHI, LUIS Refunds Environmental Education 232621 49 VALLEY VIEW COOPERATIVE Refunds Environmental Education 232746 49 TUFF, PETER Refunds Environmental Education 232524 48 440400 - NCPERS MINNESOTA PERA Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Explanation 232525 48 440400 - NCPERS MINNESOTA PERA Health and Benefits 232418 47 CAMPBELL KNUTSON, P.A.Insurance WAFTA 232725 47 PETSMART Canine Supplies Police 232529 46 ALLIANCE TITLE Refunds CDBG - Public Service 232303 45 DELUXE BUSINESS CHECKS & SOLUTIONS Operating Supplies-General Prairie Village Liquor Store 1007678 45 ATLANTIC TACTICAL Clothing & Uniforms Police 1007487 44 DAKOTA SUPPLY GROUP INC Supplies - General Bldg Facilities Operating ISF 232339 43 LARSON, DAN Refunds Environmental Education 1007556 41 CONCRETE CUTTING & CORING INC Equipment Repair & Maint Park Maintenance 232305 40 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating 232555 38 E-Z SHARP INC Operating Supplies Ice Rink #1 232680 38 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Park Maintenance 232480 36 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 232651 36 COMCAST Cable TV Fire 232711 35 MINNESOTA DEPARTMENT OF HEALTH Licenses, Permits, Taxes, Fees Concessions 232566 33 HUSSEIN, HALIMA Deposits-P&R Refunds Community Center Admin 1007472 32 A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 232644 32 BROWN, SHANNON Deposits-P&R Refunds Community Center Admin 232613 29 STEELE, YVONNE Deposits-P&R Refunds Community Center Admin 1007503 29 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 232657 29 DELEGARD TOOL CO Small Tools Fleet Operating 232367 26 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance 1007719 25 UPS Equipment Repair & Maint Public Safety Communications 232408 25 ASSOCIATION OF RECYCLING MANAGERS Conference/Training Recycle Rebate 1007518 25 UPS Equipment Repair & Maint Public Safety Communications 1007712 25 PREMIUM WATERS INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 232720 24 OLSEN COMPANIES Operating Supplies Park Maintenance 232535 21 AT&T MOBILITY Pager & Cell Phone Park Maintenance 232377 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 232509 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1007590 21 UPS Postage Fire 232546 19 COMCAST Wireless Subscription IT Operating 232489 19 OMEGA INDUSTRIES Equipment Repair & Maint Park Maintenance 1007624 18 FRONTIER PRECISION INC Miscellaneous IT Operating 232670 17 FIRE SAFETY USA INC Protective Clothing Fire 232481 14 MONAHAN, CARIE Deposits-P&R Refunds Community Center Admin 232483 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 232433 12 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 5053 10 GENESIS EMPLOYEE BENEFITS, INC HSA General Fund 232479 9 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1007584 7 SCHARBER & SONS Equipment Repair & Maint Park Maintenance 232317 7 FISERV INC Bank and Service Charges Water Accounting 232652 4 COMCAST Cable TV Fire 232664 3 EDEN PRAIRIE WINLECTRIC Repair & Maint. Supplies Park Maintenance 232429 2 COMCAST Other Contracted Services Police 4,894,748 Grand Total City of Eden Prairie Purchasing Card Payment Report April Purchases Amount Explanation Vendor Account Description Business Unit 150 US-construction bang boards HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 18 US-safety equip CONCRETE CUTTING & CORING INC Operating Supplies Park Maintenance 26 US-tools NAPA AUTO PARTS Operating Supplies Park Maintenance 62 US-hort use MENARDS Landscape Materials/Supp Park Maintenance 19 US-hort use MENARDS Operating Supplies Park Maintenance 122 US-hort use MENARDS Operating Supplies Park Maintenance 71 US-hort use HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Park Maintenance 67 US-parts NAPA AUTO PARTS Equipment Parts Utility Operations - General 90 US-parts NORTHERN TOOL & EQUIPMENT Equipment Parts Utility Operations - General 6 US-spark plug HOME DEPOT CREDIT SERVICES Equipment Parts Utility Operations - General 6 US-shop supplies NAPA AUTO PARTS Equipment Parts Utility Operations - General 50 US-training lunch CRUMB GOURMET DELI Miscellaneous Communications 8 US-training lunch CRUMB GOURMET DELI Miscellaneous Communications 187 US-parts LEDWELL & SON ENTERPRISES Equipment Parts Fleet Operating 187 US-parts LEDWELL & SON ENTERPRISES Equipment Parts Fleet Operating 206 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 73 US-building decorations MICHAELS - THE ARTS & CRAFTS S Operating Supplies Senior Board 6 US-riley lighting event DOLLAR TREE STORES, INC.Miscellaneous Parks Administration 40 US-tennis bang boards MENARDS Operating Supplies Park Maintenance 12 US-cleanout cap MENARDS Repair & Maint. Supplies Sewer System Maintenance 32 US-weather stat-lunchroom MENARDS Equipment Parts Utility Operations - General 91 US-bags for recycle cans MENARDS Operating Supplies Park Maintenance 7 US-supplies to wax signs MENARDS Operating Supplies Park Maintenance 24 US-carb cleaner NAPA AUTO PARTS Repair & Maint. Supplies Utility Operations - General 80 US-slide for filters MENARDS Equipment Parts Water Treatment Plant 80 US-slide for filters MENARDS Equipment Parts Water Treatment Plant 10 US-supplies/trash MENARDS Operating Supplies Park Maintenance 27 US-flying cloud drinking fount MENARDS Repair & Maint. Supplies Park Maintenance 232 US-press rings MOTION INDUSTRIES INC.Equipment Parts Water Treatment Plant 26 US-pond maint GANDER MOUNTAIN Landscape Materials/Supp Utility Operations - General 25 US-bag fee DELTA AIR Conference/Training Fire 122 US-flowers-fire BACHMANS CREDIT DEPT Deposits Escrow 536 US-travel EXPEDIA Conference/Training Fire 125 US-training PAYPAL INC Conference/Training Fire 125 US-training PAYPAL INC Conference/Training Fire 46 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 58 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 5 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 28 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 28 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 231 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 26 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 41 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 200 US-café food WALMART COMMUNITY Merchandise for Resale Concessions Amount Explanation Vendor Account Description Business Unit 40 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 38 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 22 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 138 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 62 US-mom/son event WALMART COMMUNITY Operating Supplies Youth Programs Admin 14 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 18 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 100 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 22 US-café food BRUEGGERS BAGEL Merchandise for Resale Concessions 24 US-café food RAINBOW FOODS INC.Merchandise for Resale Concessions 45 US-café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 270 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 18 US-seminar lunch TGI FRIDAYS Travel Expense Water Treatment Plant 58 US-Joe, John, andrew trng lunc ROJO MEXICAN GRILL Travel Expense Water Treatment Plant 349 US-back training BACK TRAINER Training Supplies Utility Operations - General 16 US-supplies TARGET Operating Supplies Special Events (CC) 8 US-special events APPLE.COM Operating Supplies Special Events (CC) 26 US-snacks for open house WALMART COMMUNITY Operating Supplies Engineering 80 US-ink for printer OFFICE DEPOT CREDIT PLAN Operating Supplies Park Maintenance 16 US-flag repair STITCH IT Building Repair & Maint.Purgatory Creek Park 4 US-parking STANDARD PARKING Operating Supplies Fire 385 US-blue card training-Esbensen BSHIFTER Tuition Reimbursement/School Fire 6 US-parking STANDARD PARKING Conference/Training Fire 25 US-travel fee DELTA AIR Conference/Training Fire 25 US-travel fee DELTA AIR Conference/Training Fire 18 US-Memory cards for camera AMAZON.COM Miscellaneous IT Operating 26 US-brother label tape AMAZON.COM Miscellaneous IT Operating 79 US-software subscription MICROSOFT CORPORATE Software IT Operating 27 US-roxio software SONIC SOLUTIONS Software IT Operating 73 US-external harddrive for IT AMAZON.COM Computers IT Operating 400 US-viewsonic monitors AMAZON.COM Computers IT Operating 24 US-memory card readers AMAZON.COM Miscellaneous IT Operating 145 US-viewsonic monitors AMAZON.COM Computers IT Operating 145 US-viewsonic monitors AMAZON.COM Computers IT Operating 435 US-viewsonic monitors AMAZON.COM Computers IT Operating 435 US-viewsonic monitors AMAZON.COM Computers IT Operating 25 US-corded phones AMAZON.COM Equipment Repair & Maint IT Telephone 30 US-memory card readers AMAZON.COM Miscellaneous IT Operating 335 US-dues AMERICAN PLANNING ASSOCIATION Dues & Subscriptions Planning 310 US-dues AMERICAN PLANNING ASSOCIATION Dues & Subscriptions Planning 335 US-dues AMERICAN PLANNING ASSOCIATION Dues & Subscriptions Planning -50 US-rebate APBOOKSTORE.COM Dues & Subscriptions Communications 247 US-city council mgr meeting GRAND VIEW LODGE Travel Expense Administration 95 US-sunshine fund-Richardson FLOWERSHOPNETWORK.COM Deposits Escrow 225 US-conf registration GTS Conference/Training Administration -13 US-lts return OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Rink #1 92 US-conf car rental THRIFTY CAR RENTAL Travel Expense IT Operating 56 US-airport parking-conf MSP AIRPORT Travel Expense IT Operating 25 US-membership dues HIGH TECH CRIME CONSORTIUM Dues & Subscriptions Police Amount Explanation Vendor Account Description Business Unit -19 US-return MENARDS Repair & Maint. Supplies Park Maintenance 41 US-irrigation-purgatory-baseli MENARDS Repair & Maint. Supplies Park Maintenance 151 US-baseline-edenvale, forest h MENARDS Repair & Maint. Supplies Park Maintenance 4 US-irrigation purgatory MENARDS Repair & Maint. Supplies Park Maintenance 12 US-irrigation purgatory MENARDS Repair & Maint. Supplies Park Maintenance 25 US-Baggage Fee-IAAI conf DELTA AIR Mileage & Parking Fire 274 US-hotel IAAI RIO ALL SUITES HOTEL Conference/Training Fire 25 US-Baggage Fee-IAAI conf DELTA AIR Mileage & Parking Fire 64 US-bang board paint HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 703 US-life guard shed MENARDS Building Materials Riley Lake 16 US-meeting with emerald organi JJ'S COFFEE COMPANY & WINE BAR Miscellaneous Parks Administration 31 US-treats for meeting KOWALSKI'S MARKET Miscellaneous Community Development Admin. 38 US-conf SENSIBLE LAND USE COALITION Miscellaneous Community Development Admin. 37 US-earplugs for members AMAZON.COM Operating Supplies Fitness Center 39 US-ratchet straps MENARDS Operating Supplies Park Maintenance 100 US-soccer goals MENARDS Operating Supplies Park Maintenance 249 US-chainsaw parts OMEGA INDUSTRIES Equipment Repair & Maint Park Maintenance 19 US-bunny spec events AMAZON.COM Operating Supplies Special Events (CC) 10 US-bunny spec events TARGET Operating Supplies Special Events (CC) 54 US-bunny spec events DOLLAR TREE STORES, INC.Operating Supplies Special Events (CC) 115 US-bunny spec events PARTY CITY Operating Supplies Special Events (CC) 170 US-C Ruzek conf TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 170 US-L Kerns conf TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 95 US-Kerns-membership TWIN CITIES HUMAN RESOURCES AS Dues & Subscriptions Human Resources 245 US-J Schwern conf TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 356 US-wellness program TARGET Employee Award Organizational Services 220 US-A Rose conf TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 695 US-L Kerns conf NATIONAL WELLNESS INSTITUTE Conference/Training Human Resources 6 US-HRDC event WALMART COMMUNITY Operating Supplies Housing and Community Service 30 US-meeting GOVERNMENT FINANCE OFFICERS AS Conference/Training Finance 200 US-subscription SURVEYMONKEY.COM Dues & Subscriptions Organizational Services 3,493 US-Mar14 Bldg Surchgs DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 632 US-Mar14 Bldg Surchgs DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 693 US-Mar14 Bldg Surchgs DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -96 US-Mar14 Bldg Surchgs DEPT OF LABOR & INDUSTRY Other Revenue General Fund 166 US-Counterpoint gateway NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 313 US-Counterpoint gateway NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 205 US-Counterpoint gateway NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 60 US-Dues-T Robinson GOVERNMENT FINANCE OFFICERS AS Dues & Subscriptions Finance 40 US-UB recurring PAYPAL INC Bank and Service Charges Utility Operations - General 20 US-ePermit web security PAYPAL INC Equipment Repair & Maint IT Operating 47 US-UB online PAYPAL INC Bank and Service Charges Utility Operations - General 30 US-MIAMA training PAYPAL INC Dues & Subscriptions Ice Rink #1 26 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 11 US-parking LRT ALLIED PARKING Mileage & Parking Economic Development 9 US-parking LRT MPLSPARKING.COM Mileage & Parking Economic Development 115 US-continuing ed-Lindahl CONTINUINGEDEXPRESS.COM Conference/Training Economic Development 425 US-award entry IABC Awards Communications 4 US-mower parts STORMS WELDING & MFG INC.Landscape Materials/Supp Street Maintenance Amount Explanation Vendor Account Description Business Unit 557 US-flow meter switches CENTRAL STATES GROUP Equipment Parts Water Treatment Plant 584 US-supplies AMAZON.COM Operating Supplies Fire 27 US-flower pot AMAZON.COM Office Supplies Utility Operations - General 125 US-potting supplies BACHMANS CREDIT DEPT Office Supplies Utility Operations - General 44 US-pots AMAZON.COM Equipment Parts Utility Operations - General 44 US-pots AMAZON.COM Equipment Parts Utility Operations - General 59 US-pots AMAZON.COM Equipment Parts Utility Operations - General 118 US-pots AMAZON.COM Equipment Parts Utility Operations - General 36 US-pots AMAZON.COM Equipment Parts Utility Operations - General 38 US-pots AMAZON.COM Equipment Parts Utility Operations - General 24 US-pots AMAZON.COM Equipment Parts Utility Operations - General 35 US-pots AMAZON.COM Equipment Parts Utility Operations - General 24 US-pots AMAZON.COM Equipment Parts Utility Operations - General -39 US-fraud refund-L McWaters DOOLITTLES WOODFIRE GRILL Deposits Escrow 470 US-MMCI 2014 ST CLOUD STATE UNIVERSITY Conference/Training Administration 100 US-New employee luncheon DAVANNI'S PIZZA Miscellaneous Administration 60 US-sunshine fund-kuffel BACHMANS CREDIT DEPT Deposits Escrow 281 US-council workshop food LEEANN CHIN Miscellaneous City Council 27 US-office supplies WALGREEN'S #5080 Operating Supplies Aquatics & Fitness Admin 35 US-red cross fees AMERICAN RED CROSS Conference/Training Concessions 19 US-RL supplies AMAZON.COM Operating Supplies Round Lake Beach 31 US-RL supplies AMAZON.COM Operating Supplies Round Lake Beach 68 US-RL supplies AMAZON.COM Operating Supplies Round Lake Beach 86 US-red cross materials STAYWELL Operating Supplies Pool Lessons 18 US-senior coffee BRUEGGERS BAGEL Operating Supplies Fitness Classes 17 US-red cross whales tales STAYWELL Operating Supplies Pool Lessons 20 US-supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Day Care 32 US-supplies TARGET Operating Supplies Day Care 95 US-supplies TARGET Operating Supplies Day Care 97 US-supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 878 US-c-5 conf-w parker THE ALEXANDER HOTEL Conference/Training Fire 878 US-conf-K buchanan THE ALEXANDER HOTEL Conference/Training Fire 359 US-membership-iafc IAFCI Dues & Subscriptions Fire 429 US-kitchen appliances TARGET Small Tools Fire 27 US-state capitol COSSETTA Conference/Training Fire 234 US-tools AREO-FIRE Small Tools Fire 159 US-vending SPORTS WORLD USA INC Merchandise for Resale Ice Rink #1 126 US-vending SPORTS WORLD USA INC Merchandise for Resale Ice Rink #1 12 US-fleet conf parking MPLSPARKING.COM Mileage & Parking Fleet Operating 8 US-fleet conf parking MPLSPARKING.COM Mileage & Parking Fleet Operating 44 US-Mailboxes PAYPAL INC Equipment Parts Snow & Ice Control 175 US-Mailboxes MAIL BOXES BY DESIGN Equipment Parts Snow & Ice Control 20 US-concrete crew THOMAS TOOL & SUPPLY Small Tools Street Maintenance 28 US-city center supplies RADIO SHACK Equipment Parts City Hall - CAM 302 US-EPCC Hvac supplies RG DAVIS AND CO Repair & Maint. Supplies Pool Maintenance 14 US-CB trailer FASTENAL COMPANY Repair & Maint. Supplies Storm Drainage 1,154 US-mic and antenna B & H PHOTO Operating Supplies Staring Lake Concert 19 US-boxes for glazes in clay st TARGET Operating Supplies Arts Center 35 US-candy for open house WALGREEN'S #5080 Operating Supplies Arts Center Amount Explanation Vendor Account Description Business Unit 40 US-ad for summer musical PAYPAL INC Advertising Staring Lake Concert 40 US-ad for summer musical PAYPAL INC Advertising Staring Lake Concert 16 US-watercolor paper-teacher de MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 472 US-scripts PIONEER DRAMA SERVICE Operating Supplies Theatre Initiative 28 US-envelopes OFFICEMAX CREDIT PLAN Operating Supplies Arts in the Park 113 US-water color paper MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 9 US-plates for Brink's 1st day TARGET Miscellaneous Parks Administration 41 US-lori brinks lunch WILDFIRE Miscellaneous Parks Administration 64 US-canvas for kids class MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 22 US-WILS workshop PAYPAL INC Conference/Training Arts Center 90 US-supplies CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 16 US-supplies for b day parties MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 9 US-meeting cookies RAINBOW FOODS INC.Training Supplies Community Center Admin 375 US-scheduling software NIMBLE SCHEDULE Operating Supplies Community Center Admin 1,417 US-dept watches SMI AWARDS Operating Supplies Police 65 US-office supplies AMAZON.COM Office Supplies Police 62 US-cleaning supplies AMAZON.COM Office Supplies Police 39 US-mailing supplies OFFICEMAX CREDIT PLAN Office Supplies Police 64 US-mailing supplies UNITED STATES POSTAL SERVICE Office Supplies Police 114 US-bike fleet repair ERIK'S BIKE SHOP Equipment Repair & Maint Police 15 US-bike fleet repair ERIK'S BIKE SHOP Equipment Repair & Maint Police 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 129 US-bike helmets ERIK'S BIKE SHOP Clothing & Uniforms Police 24 US-bike helmets GALLS INC Clothing & Uniforms Police 31 US-clips for cage #2 MENARDS Operating Supplies Park Maintenance 20 US-paint for bases MENARDS Operating Supplies Park Maintenance 29 US-clips for expansion fields FRATTALLONE'S/MINNETONKA ACE Operating Supplies Park Maintenance 24 US-propane-outdoor center SUPERAMERICA Operating Supplies Outdoor Center 45 US-critter food PETCO Operating Supplies Outdoor Center 32 US-critter food PETCO Operating Supplies Outdoor Center 33 US-critter food PETCO Operating Supplies Outdoor Center 11 US-tennis nets MENARDS Operating Supplies Park Maintenance 135 US-tennis net cable HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 374 US-conf of mayors DELTA AIR Travel Expense City Council 1,177 US-dispatch headsets TIGERDIRECT.COM Equipment Repair & Maint Public Safety Communications 1,000 US-league champion prizes GREEN MILL Awards Athletic Programs Admin 41 US-dept training CUB FOODS EDEN PRAIRIE Training Supplies Police 11 US-training supplies MENARDS Training Supplies Police 30 US-dept training PANERA BREAD Training Supplies Police 30 US-dept training PANERA BREAD Training Supplies Police 18 US-dept training CUB FOODS EDEN PRAIRIE Training Supplies Police 382 US-computer forensics training RADISSON HOTEL Tuition Reimbursement/School Police 25 US-dept training CUB FOODS EDEN PRAIRIE Training Supplies Police 557 US-range supplies RESCUE ESSENTIALS Training Supplies Police 30 US-dept training PANERA BREAD Training Supplies Police 323 US-drug task force training GRAND VIEW LODGE Tuition Reimbursement/School Police 11 US-range/training supplies MENARDS Training Supplies Police 269 US-printer replacements BEST BUY Computers Utility Operations - General 126 US-register pads/chalk OFFICE DEPOT CREDIT PLAN Operating Supplies Den Road Liquor Store Amount Explanation Vendor Account Description Business Unit 45 US-store meeting CUB FOODS EDEN PRAIRIE Operating Supplies Den Road Liquor Store 68 US-training supplies WALMART COMMUNITY Operating Supplies Youth Programs Admin 170 US-tennis equip AMAZON.COM Operating Supplies Tennis 446 US-tennis equip WILSON SPORTING GOODS Operating Supplies Tennis 521 US-tennis equip WILSON SPORTING GOODS Operating Supplies Tennis 463 US-tennis equip WILSON SPORTING GOODS Operating Supplies Tennis 71 US-mom/son event PARTY CITY Operating Supplies Youth Programs Admin 13 US-craft supplies TARGET Operating Supplies Youth Programs Admin 55 US-around town program DAVANNI'S PIZZA Operating Supplies Around Town 8,343 US-road sign banners FASTSIGNS Printing Recreation Admin 24 US-dinner WEBER GRILL Operating Supplies Fire 16 US-training MINNEAPOLIS ST PAUL AIR Conference/Training Fire 8 US-dinner NOODLES & CO Operating Supplies Fire 97 US-training INTERNATIONAL SOCIETY OF ARBOR Dues & Subscriptions Fire 250 US-body pump license fee SCW FITNESS Licenses, Permits, Taxes, Fees Fitness Classes 3,087 US-lane lines ADOLPH KIEFER & ASSOCIATES Operating Supplies Pool Operations 25 US-itinerant HENNEPIN COUNTY TREASURER Licenses, Permits, Taxes, Fees Wine Club 7 US-esw bags for gloves RAINBOW FOODS INC.Operating Supplies Fire 128 US-ERU equip NORTHLAND SCUBA Operating Supplies Police 21 US-striping MENARDS Repair & Maint. Supplies Sewer System Maintenance 15 US-watermain break LITTLE CAESARS Repair & Maint. Supplies Water System Maintenance 16 US-Masonry set HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Sewer System Maintenance 49,294 Report Total CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: June 17, 2014 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Eden Gardens ITEM NO.: IX.A. Requested Action Move to: • Adopt the Resolution for Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres • Adopt the Resolution for Planned Unit Development Concept Review on 8.39 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Change from Rural to R1-9.5 on 8.39 acres; • Adopt the Resolution for Preliminary Plat on 8.39 acres into 36 lots, 7 outlots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis At the May 20 meeting, the City Council conducted and closed the public hearing on this item but continued Council discussion and action to the June 17, 2014 meeting. As a result of testimony shared at the public hearing, the City will install a 3 way stop sign at the intersection of Thatcher Road and Stanley Trail. Additionally, staff has made minor modifications to the staff/Conservation Commission recommendation regarding solar features and pervious surface to more clearly document the City’s current requirements of the developer. These clarifications are noted in bold in the recommendation provided at the end of this report. The project proposes the construction of 36 single family residential lots. The project is a result of the City’s RFP for a development meeting the objectives of sustainability, energy-efficiency, and housing for moderate income households. Several neighborhood meetings with the residents, developer and city staff have occurred over the past months. These meetings have resulted in design revisions to the plan to help address the concerns identified by the existing residents. The main objectives for the development included in the RFP were mid-market pricing and sustainability. As a result, the project includes a variety of green elements. At a minimum, the 16 units in closest proximity to the existing neighborhood are recommended to be market rate units to address neighborhood concerns and the Council’s interest in avoiding any cash subsidy. The remaining 20 units will be available in the mid-market price range. The City HRA is likely to consider a purchase agreement and housing agreement on July 15, 2014. Such action will be required prior to the City Council consideration of the final plat. The proponent has requested waivers from the City Code as identified in the Planning Commission staff report. Granting of the waivers allows the development to occur in a fashion that meets the objectives of a green, sustainable, mid-market neighborhood. The 120-Day Review Period Expires on August 31, 2014. Planning Commission Recommendation The Planning Commission voted 4-1 to recommend approval of the project at the April 28, 2014 meeting. The conditions of approval are as follows: Recommend approval of the following request: • Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential • Zoning District Change from Rural to R1-9.5 on 8.39 acres • Planned Unit Development Concept Review on 8.39 acres • Planned Unit Development District Review with waivers on 8.39 acres • Preliminary Plat of 8.39 acres into 36 lots, 7 outlots, and road right of way This is based on plans stamp dated April 16, 2014, the Staff Report dated April 25, 2014 and the following conditions: 1. Prior to City Council, the proponent shall: A. Provide a copy of the noise analysis and incorporate any recommendations required to meet City and MPCA noise standards into the proposed plans. B. Provide revised plans and/or documents to include the following: 1. Solar Features a. Install solar panels on the model home to show potential homebuyers the value of using solar power; b. Install solar panels on the park shelter which can be used to power the bollards or other features in the common area. Excess electricity can be sold back to Xcel Energy and the proceeds from the sale can be used to offset Home Owners Association (HOA) costs. 2. Pervious Surface a. Increase the amount of pervious surfaces. Install pervious surface sidewalks from the driveway to the front door of the model home and provide this as an option on all other units. 3. Low-mow grasses a. Install low-mow grasses in all the individual lots to avoid unnecessary maintenance costs to the HOA. 4. Vegetation a. All vegetation planted to be in accordance with the City's native plant ordinance and no plantings that contain neonicotanoids. 2. Prior to release of the final plat, the proponent shall: A. Provide title to the property. In the event that title to the property is not provided, it shall be a basis for denial of the application. B. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. C. Sign special assessment agreement for City trunk sewer and water assessment fees. D. Enter into an agreement with the City regarding the ownership and maintenance of sidewalks located within the right-of-way. This document shall be recorded with the final plat. E. Enter into agreement(s) with the City regarding on-street parking maintenance and infiltration area maintenance. This document(s) shall be recorded with the final plat. F. Provide copies of the Homeowners Association Documents that shall include the following: a. In the event that the landscaping located within the easement along Eden Prairie Road is removed as part of a County or City improvement project, the landscaping will not be replaced nor will compensation to the HOA or residents occur for the removed landscaping. b. Should any future noise mitigation be requested or required, beyond what is installed in response to the 2014 noise analysis, it shall be the responsibility of the HOA. c. The HOA documents shall be in a form approved by the City prior to recording. 3. Prior to land alteration permit issuance, the proponent shall: A. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. B. Obtain and provide documentation of Watershed District approval. C. Notify the City and Watershed District 48 hours in advance of grading. D. Install erosion control at the grading limits of the property for review and approval by the City. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Recorded copies of the HOA documents shall be provided to the City following recording of the final plat. 5. The following waivers are granted through the PUD for the project as indicated in the approved plans: 1. Minimum lot size of 9,500 sq. ft. for all lots. Requested lot sizes are provided on Exhibit A. 2. Maximum gross density of 3.5 units per acre to 4.3 units/acre. 3. Minimum lot width of 70 feet for all lots. Requested lot widths are provided on Exhibit A. 4. Minimum lot width at right-of-way of 70 feet for all lots. Requested minimum lot widths at right-of-way are provided on Exhibit A. 5. Lot frontage on public right of way for 18 lots. a. Lots 1 -5, Block 3 b. Lots 1- 10, Block 4 c. Lots 7 – 9, Block 5 6. Front setback of 30 feet for all lots. Requested front yard setbacks are provided on Exhibit A. 7. Side yard setbacks of 15 feet total; with minimum 5 feet on garage side for all lots. Requested side yard setbacks are provided on Exhibit A. 8. Maximum garage coverage of 7.5% on the lot for 23 lots. Requested garage coverages are provided on Exhibit A. a. Lots 1-5, Block 2; b. Lots 1-5, Block 3; c. Lots 1-10, Block 4; d. Lots 12-14, Block 5 Attachments 1. Ordinance PUD & Zoning Change 2. Resolution Comprehensive Guide Plan Change 3. Resolution PUD Concept 4. Resolution Preliminary Plat 5. Plans Stamp Dated April 16, 2014 6. Building Elevations 7. May 20, 2014 Power Point Presentation by Homestead Partners EDEN GARDENS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2014-PUD-__-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District __-2014-PUD-__-2014 (hereinafter "PUD-__-2014-R1-9.5”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of ____________, 2014 entered into between Homestead Partners, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-___-2014-______, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-___-2014-______ is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-___-2014-_______ is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-___-2014-________ are justified by the design of the development described therein. D. PUD-___-2014-_______ is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-__-2014-_______ and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage, publication and upon compliance with the following conditions: A. The conveyance of the land from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie (“HRA”); B. The conveyance of the land from the City of Eden Prairie or the HRA to Homestead Partners; and C. The adoption by the HRA of the following resolutions relating to the land: i. A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and ii. A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If an y of these conditions is not satisfied by August 31, 2014, the approvals granted herein are null and void. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 2014, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the _____ day of ____________, 2014. ATTEST: __________________________________ ___________________________________ Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on__________________, 2014. EXHIBIT A Legal Description: Parcel 1: That part of Tract A described below: Tract A. That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence north along the east line thereof 914 feet; thence deflecting right 81 degrees 37 minutes 00 seconds a distance of 244 feet, more or less, to the centerline of County Road No. 4; thence northerly along said centerline 116.3 feet; thence westerly 482.6 feet, more or less to a point 1,018.6 feet north of the south line of said Southeast Quarter in a line described as beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter of said Section 17; thence west along the south line thereof 274 feet; thence deflecting right 91 degrees 58 minutes 30 seconds a distance of 1,018.6 feet; thence south along said line 1,018.6 feet to south line thereof; thence east along said south line 274 feet to point of beginning; excepting therefrom said County Road No. 4; which lies southerly of Line 1 described below: Line 1. Beginning at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1 for 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence South 76 degrees 10 minutes 15 seconds East 36.57 feet; thence South 64 degrees 51 minutes 39 seconds East 50.99 feet; thence South 76 degrees 10 minutes 15 seconds East 32.54 feet and there terminating; Parcel 2: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies northerly of a line run parallel with and distant 50 feet southerly of Line 1 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of the following described line: Beginning at a point on the east line of said Tract A, distant 23.06 feet southerly of its intersection with said 50 foot parallel line; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; together with that part of Tract A hereinbefore described, which lies easterly of Line 2 described below: Line 2. From the most easterly corner of said Tract A run westerly along the south line of Said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner and there terminating; Parcel 3: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies southerly of a line run parallel with and distant 50 feet southerly of Line 1 described below and westerly of Line 2 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; Line 2. From the most easterly corner of said Tract A run westerly along the south line of said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner, thence run northerly along said east line to a point distant 23.06 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of Line 1 described above; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-____ A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN EDEN GARDENS BY HOMESTEAD PARTNERS WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of Eden Gardens, by Homestead Partners is for a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 8.39 acres, as legally described on Exhibit A (“Property”); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated April 16, 2014 and the staff report dated April 25, 2014; and subject to Metropolitan Council approval. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication and compliance with the following conditions: • The conveyance of the Property from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie (“HRA”); • The conveyance of the Property from the City of Eden Prairie or the HRA to Homestead Partners; and • The adoption by the HRA of the following resolutions relating to the Property: o A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and o A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If any one of the above conditions have not been satisfied by August 31, 2014, the amendment granted herein is null and void. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT- EDEN GARDENS Legal Description: Parcel 1: That part of Tract A described below: Tract A. That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence north along the east line thereof 914 feet; thence deflecting right 81 degrees 37 minutes 00 seconds a distance of 244 feet, more or less, to the centerline of County Road No. 4; thence northerly along said centerline 116.3 feet; thence westerly 482.6 feet, more or less to a point 1,018.6 feet north of the south line of said Southeast Quarter in a line described as beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter of said Section 17; thence west along the south line thereof 274 feet; thence deflecting right 91 degrees 58 minutes 30 seconds a distance of 1,018.6 feet; thence south along said line 1,018.6 feet to south line thereof; thence east along said south line 274 feet to point of beginning; excepting therefrom said County Road No. 4; which lies southerly of Line 1 described below: Line 1. Beginning at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1 for 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence South 76 degrees 10 minutes 15 seconds East 36.57 feet; thence South 64 degrees 51 minutes 39 seconds East 50.99 feet; thence South 76 degrees 10 minutes 15 seconds East 32.54 feet and there terminating; Parcel 2: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies northerly of a line run parallel with and distant 50 feet southerly of Line 1 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of the following described line: Beginning at a point on the east line of said Tract A, distant 23.06 feet southerly of its intersection with said 50 foot parallel line; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; together with that part of Tract A hereinbefore described, which lies easterly of Line 2 described below: Line 2. From the most easterly corner of said Tract A run westerly along the south line of Said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner and there terminating; Parcel 3: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies southerly of a line run parallel with and distant 50 feet southerly of Line 1 described below and westerly of Line 2 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; Line 2. From the most easterly corner of said Tract A run westerly along the south line of said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner, thence run northerly along said east line to a point distant 23.06 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of Line 1 described above; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN GARDENS FOR HOMESTEAD PARTNERS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 28, 2014, on Eden Gardens by Homestead Partners and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on May 20 and June 17, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Gardens, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated April 16, 2014. 3. That the PUD Concept meets the recommendations of the Planning Commission dated April 28, 2014. 4. That this Resolution shall become effective from and after its passage, publication and compliance with the following conditions: • The conveyance of the Property from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie (“HRA”); • The conveyance of the Property from the City of Eden Prairie or the HRA to Homestead Partners; and • The adoption by the HRA of the following resolutions relating to the Property: o A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and o A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If any one of the above conditions have not been satisfied by August 31, 2014, the approvals granted herein are null and void. ADOPTED by the City Council of the City of Eden Prairie this 17th day of June, 2014 _______________________ Nancy Tyra-Lukens, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept- EDEN GARDENS Legal Description: Parcel 1: That part of Tract A described below: Tract A. That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence north along the east line thereof 914 feet; thence deflecting right 81 degrees 37 minutes 00 seconds a distance of 244 feet, more or less, to the centerline of County Road No. 4; thence northerly along said centerline 116.3 feet; thence westerly 482.6 feet, more or less to a point 1,018.6 feet north of the south line of said Southeast Quarter in a line described as beginning at the southeast corner of said Southwest Quarter of the Southeast Quarter of said Section 17; thence west along the south line thereof 274 feet; thence deflecting right 91 degrees 58 minutes 30 seconds a distance of 1,018.6 feet; thence south along said line 1,018.6 feet to south line thereof; thence east along said south line 274 feet to point of beginning; excepting therefrom said County Road No. 4; which lies southerly of Line 1 described below: Line 1. Beginning at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1 for 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence South 76 degrees 10 minutes 15 seconds East 36.57 feet; thence South 64 degrees 51 minutes 39 seconds East 50.99 feet; thence South 76 degrees 10 minutes 15 seconds East 32.54 feet and there terminating; Parcel 2: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies northerly of a line run parallel with and distant 50 feet southerly of Line 1 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having a radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; together with that part of Tract A hereinbefore described, adjoining and southerly of the above described strip, which lies northerly of the following described line: Beginning at a point on the east line of said Tract A, distant 23.06 feet southerly of its intersection with said 50 foot parallel line; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; together with that part of Tract A hereinbefore described, which lies easterly of Line 2 described below: Line 2. From the most easterly corner of said Tract A run westerly along the south line of Said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner and there terminating; Parcel 3: That part of Tract A described below: Tract A. Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of Section 17, Township 116 North, Range 22 West, Hennepin County, Minnesota; thence run northerly along the west line thereof 914.00 feet; thence deflecting right 81 degrees 37 minutes 00 seconds, 244.00 feet, more or less, to the centerline of County Road No. 4; thence southeasterly along said centerline to a point 146.50 feet northerly of at right angles from the south line of said Southeast Quarter of the Southeast Quarter; thence westerly to a point 189.24 feet east from the west line thereof; thence southerly 146.50 feet; thence westerly 189.24 feet to the beginning, lying westerly of the westerly right of way line of County Road No. 4; which lies southerly of a line run parallel with and distant 50 feet southerly of Line 1 described below and westerly of Line 2 described below: Line 1. Commencing at the northwest corner of Lot 1, Block 2, FAIRFIELD OF EDEN PRAIRIE 5TH ADDITION, Hennepin County, Minnesota; thence North 84 degrees 38 minutes 27 seconds East, assumed bearing, along the north line of said Lot 1, 107.05 feet to the northeast corner of said Lot 1; thence deflect to the right on a tangential curve having radius of 480.87 feet and a central angle of 19 degrees 11 minutes 19 seconds for 161.05 feet; thence North 13 degrees 49 minutes 45 seconds East, 40.00 feet; thence South 76 degrees 10 minutes 15 seconds East, 100.20 feet to the west line of Tract A hereinbefore described which is the point of beginning of Line 1 to be described; thence South 76 degrees 10 minutes 15 seconds East 18.91 feet; thence deflect to the left on a tangential curve having a radius of 520.87 feet and a central angle of 24 degrees 11 minutes 09 seconds for 219.87 feet; thence North 79 degrees 38 minutes 36 seconds East 100 feet and there terminating; Line 2. From the most easterly corner of said Tract A run westerly along the south line of said Tract A for 20 feet to the point of beginning of Line 2 to be described; thence run northwesterly to a point distant 8 feet southwesterly (measured at right angles) of a point on the east line of said Tract A, distant 330 feet northwesterly of said most easterly corner; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 2 feet; thence run northerly to a point on the east line of said Tract A, distant 455 feet northwesterly of said most easterly corner, thence run northerly along said east line to a point distant 23.06 feet southerly of its intersection with a line run parallel with and distant 50 feet southerly of Line 1 described above; thence run northwesterly to a point on said parallel line, distant 20.06 feet westerly of said intersection and there terminating; CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN GARDENS FOR HOMESTEAD PARTNERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Gardens for Homestead Partners stamp dated April 16, 2014, and consisting of 8.39 acres into 36 lots and 7 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. BE IT FURTHER RESOLVED THAT this Resolution shall become effective from and after its passage, publication and compliance with the following conditions: • The conveyance of the property subject to the preliminary plat of Eden Gardens (“Property”) from MnDOT to the City of Eden Prairie or the Housing and Redevelopment Authority in and for the City of Eden Prairie (“HRA”); • The conveyance of the Property from the City of Eden Prairie or the HRA to Homestead Partners; and • The adoption by the HRA of the following resolutions relating to the Property: o A Resolution Determining to Carry Out a Housing Development Project, Identifying the Area, and Adopting Findings; and o A Resolution Selecting a Developer, Approving Purchase and Sale of the Project Area and Establishing Terms and Conditions for the Housing Development Project. If any one of the above conditions have not been satisfied by August 31, 2014, the approvals granted herein are null and void. ADOPTED by the Eden Prairie City Council on the 17th day June, 2014. _______________________________ Nancy Tyra-Lukens, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Ordinances and Resolutions DATE: June 17, 2014 DEPARTMENT/DIVISION: Robert Ellis, Public Works Director ITEM DESCRIPTION: Southwest Light Rail Transit Municipal Consent Resolution ITEM NO.: XI.B. Requested Action Move to: Adopt the Resolution approving the physical design component of the preliminary design plans for the Southwest Light Rail Project within the City of Eden Prairie. Synopsis The Metropolitan Council has established an alignment in the form of municipal consent plans for the Southwest Light Rail Transit which will operate from downtown Minneapolis through the communities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie. The proposed alignment includes 16 new stations and approximately 16 miles of double track. It will be part of an integrated system of transitways, including connections to the Green Line in St. Paul, the METRO Blue Line, the Northstar Commuter Rail line, bus routes and proposed future transitways. The total project cost of $1.7 billion will be funded through a mix of federal, state and local sources, with federal funds making up approximately half the total. Background Information The City of Eden Prairie is required under Minn. Stat. 473.3994 to host a public hearing concerning the physical design components of the Southwest Light Rail Transit plans. That hearing was held at the May 20, 2014 City Council Meeting. If the city disapproves the plans it must describe specific amendments to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure to approve or disapprove the plans in writing prior to July 14, 2014 is deemed to be an approval unless an extension of time is agreed to by the city and the responsible authority. Electronic copies of the municipal consent plans can be found on the project’s website at SWLRT.ORG. Attachment Resolution Public Comments Submitted via E-mail or Letter CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-__ A RESOLUTION APPROVING THE PHYSICAL DESIGN COMPONMENT OF THE PRELIMINARY DESIGN PLANS FOR THE SOUTHWEST LIGHT RAIL PROJECT WITHIN THE CITY OF EDEN PRAIRIE. WHEREAS, The Governor designated the Metropolitan Council (“Council”) as the responsible authority for the Southwest Light Rail Transit Project (“Project”), which makes it responsible for the planning, designing, acquiring, constructing and equipping the Project; and WHEREAS, the Project is now in the preliminary design phase; and WHEREAS, the design at this phase is approximately 15 percent complete; and WHEREAS, Minnesota Statutes Section 473.3994 allows cities and counties along a proposed light rail route to provide input to the Council on the physical design component of the preliminary design plans; and WHEREAS, on April 22, 2014, the Council submitted the physical design component of the preliminary design plan (“Plans”) to the governing body of each statutory and home rule charter city, county and town in which the route is proposed to be located; and WHEREAS, public hearings are then required, which the City of Eden Prairie held on June 17, 2014; and WHEREAS, within 45 days of a joint hearing held by the Council and the Hennepin County Regional Rail Authority (“HCRRA”), which was held on May 29, 2014, the City of Eden Prairie must review and approve or disapprove the Plans for the route to be located in the City of Eden Prairie; and WHEREAS, Minnesota Statutes Section 473.3994 provides that “a local unit of government that disapproves the plans shall describe specific amendments to the plans that, if adopted, would cause the local unit to withdraw its disapproval;” and WHEREAS, approval or disapproval by the City of Eden Prairie is part of the statutory preliminary design process; and WHEREAS, City staff has reviewed the Plans and developed a report pertaining to these Plans and has made its recommendations; and WHEREAS, the City of Eden Prairie will work with the Council throughout the design and construction process; and WHEREAS, the City of Eden Prairie desires that the Council and its staff continue to work with the City of Eden Prairie staff to evaluate items identified below as a Locally Requested Capital Investment (“LRCIs”) recognizing that the implementation of this investment will require the identification of funding during the advanced design of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: 1. The City of Eden Prairie provides its municipal approval of the Plans pursuant to Minnesota Statutes Section 473.3994 consistent with the above. 2. The City of Eden Prairie staff are directed to submit to the City of Eden Prairie’s approval to the Metropolitan Council. BE IT FURTHER RESOLVED that the City identifies the following issues as outstanding and declares that this consent is granted based on the City’s full faith and trust in the Metropolitan Council’s commitment to arrive at resolution satisfactory to the City on the following issues which are not included or have not been satisfactorily addressed in the preliminary design plan submission: 1. Locate the 160 space parking facility in close proximity to Town Center Station which will be provided by beginning of revenue service. 2. Minimize disruption to businesses, residents, SouthWest Transit services, vehicular traffic and pedestrian traffic during construction through innovative practices. 3. Provide strong communication with the public during design and construction that is visual, timely, reliable, and easily understood. 4. Seek guidance and input from the City of Eden Prairie Parks, Recreation, Arts and Natural Resources Commission on the incorporation of public art into the project. BE IF FURTHER RESOLVED that Council and its staff continue to work with the City of Eden Prairie staff to evaluate as the following “LRCIs” recognizing that the implementation of this investment will require the identification of project funding during the advanced design of the project: 1. The Town Center Station being constructed as a side running platform. 2. The design and construction of a north-south road from Town Center Station to Singletree Lane. 3. The construction of a grade separated crossing of Valley View Road such that it minimizes LRT travel time through the elimination of sharp curves. 4. The grading and installation of a trail adjacent to the tracks from City West Station south towards Shady Oak Road. 5. Rounded, fluted and tubular catenary poles throughout Eden Prairie. 6. Direct fixation or embedded track at appropriate locations in Eden Prairie. 7. Alternative materials for fencing, bridge railings and similar appurtenances at appropriate locations in Eden Prairie. ADOPTED by the City Council on June 17, 2014. ___________________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: June 17, 2014 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A ITEM NO.: XIV.B.1. Requested Action Move to: Adopt resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A. Synopsis The 2014A bonds will finance the Community Center Aquatics Center. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-__ RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $17,155,000 GENERAL OBLIGATION TAX ABATEMENT BONDS, SERIES 2014A BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie, Minnesota (the “City”), as follows: SECTION 1. AUTHORIZATION, SALE AND AWARD 1.01. Authorization To pay all or a portion of the costs of the construction and equipping of an expansion of the City Aquatics Center (the “Project”) or to pay principal of and interest on general obligation bonds to be issued by the City to pay for such Project, this Council, by resolution adopted May 6, 2014, has granted an abatement of property taxes to be imposed by the City on certain parcels located within the City (the “Abatement Parcels”) pursuant to Minnesota Statutes, Sections 469.1812 to 469.1815, for a period of twenty (20) years commencing with property taxes payable in 2015 and concluding with property taxes payable in 2034 (the “Tax Abatement,” and the revenues received by the City from such Tax Abatement, the “Abatement Revenue”). The City has inquired of Independent School District No. 272 (Eden Prairie), Minnesota (the “District”) and Hennepin County, Minnesota (the “County”) regarding the granting of an abatement on the Abatement Parcels. By motion approved May 7, 2014, the District declined to grant an abatement. This Council hereby determines that it is in the best interests of the City to issue its General Obligation Tax Abatement Bonds, Series 2014A (the “Bonds”) in the principal amount of $17,155,000, pursuant to Minnesota Statutes, Chapter 475 and Section 469.1814, to finance the Project and to fund costs of issuance of the Bonds. 1.02. Sale Pursuant to the Preliminary Official Statement prepared on behalf of the City by Northland Securities, Inc., financial consultants to the City, sealed or electronic proposals for the purchase of the Bonds were received at or before the time specified for receipt of proposals. The proposals have been opened and publicly read and considered and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of Piper Jaffray & Co., in Minneapolis, Minnesota (the “Purchaser”), to purchase the Bonds at a price of $17,556,150.74 plus accrued interest, if any, on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 2 1.03. Award The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY 2.01. Issuance of Bonds All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 2.02. Form of Bonds The Bonds shall be prepared in substantially the following form: 3 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION TAX ABATEMENT BOND, SERIES 2014A No. R- $ Rate Maturity Date Date of Original Issue CUSIP No. January 15, July 15, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF EDEN PRAIRIE, MINNESOTA (the “City”), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner named above, or registered assigns, the principal amount specified above on the maturity date specified above and promises to pay interest thereon from the date of original issue specified above or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid or duly provided for, at the annual rate specified above, payable on January 15 and July 15 of each year, commencing July 15, 2015 (each such date, an “Interest Payment Date”), all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the person in whose name this Bond is registered at the close of business on the first day (whether or not a business day) of the month in which such interest is payable. Interest hereon shall be computed on the basis of a 360-day year composed of twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the principal office of the Registrar described below, the principal hereof are payable in lawful money of the United States of America drawn on Wells Fargo Bank, National Association, in Minneapolis, Minnesota, as bond registrar, transfer agent and paying agent (the “Registrar”), or its successor designated under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. This Bond is one of an issue in the aggregate principal amount of $17,155,000 issued pursuant to a resolution adopted by the City Council on June 17, 2014 (the “Resolution”), to finance an expansion of the City Aquatics Center (the “Project”). This Bond is issued by authority of and in strict accordance with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475 and Section 469.1814. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in denominations of $5,000 or any integral multiple thereof, of single maturities. 4 Bonds maturing in 2023 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on January 15, 2022, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the bond register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. Notwithstanding any other provisions of this Bond, so long as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any other nominee of The Depository Trust Company or other securities depository, the Registrar shall pay all principal of and interest on this Bond, and shall give all notices with respect to this Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of The Depository Trust Company or other securities depository as agreed to by the City. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order 5 to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required; that, prior to the issuance hereof, the City has pledged and appropriated to the sinking fund established for the payment of the Bonds, tax abatements to be derived by the City from certain specified properties within the City; that, if necessary to pay the principal and interest on this Bond, ad valorem taxes are required to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Eden Prairie, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Manager. CITY OF EDEN PRAIRIE, MINNESOTA (Facsimile Signature City Manager) (Facsimile Signature Mayor) _________ CERTIFICATE OF AUTHENTICATION Dated _________________ This is one of the Bonds delivered pursuant to the Resolution mentioned within. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Registrar By ________________________________ Authorized Representative _________ The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM — as tenants in common UTMA ........................... as Custodian for ............. (Cust) (Minor) TEN ENT — as tenants by the entireties under Uniform Transfers to Minors Act .................. (State) JT TEN — as joint tenants with right of survivorship and not as tenants in common 6 Additional abbreviations may also be used. ________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _______________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ___________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: ___________________ _________________________________________ NOTICE: The assignor’s signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: ____________________________________________ Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: ___________________________________________ [END OF BOND FORM] 7 2.03. Maturities; Interest Rates; Denominations and Payment The Bonds shall be originally dated as of July 15, 2014, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on January 15 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount ($) Rate (%) Year Amount ($) Rate (%) 2017 350,000 2.000 2027 865,000 3.000 2018 460,000 2.000 2028 885,000 3.000 2019 445,000 3.000 2029 1,210,000 3.000 2020 900,000 3.000 2030 1,025,000 3.500 2021 910,000 3.000 2031 1,060,000 3.500 2022 925,000 3.000 2032 1,100,000 3.500 2023 920,000 3.000 2033 1,130,000 3.750 2024 930,000 3.000 2034 1,165,000 3.750 2025 815,000 3.000 2035 1,210,000 3.750 2026 850,000 3.000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar described herein, the principal amount thereof, shall be payable by check or draft issued by the Registrar (as hereinafter defined); provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 2.09 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 2.04. Dates and Interest Payment Dates Upon initial delivery of the Bonds pursuant to Section 2.08 and upon any subsequent transfer or exchange pursuant to Section 2.07, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each January 15 and July 15, commencing July 15, 2015 (each such date, an “Interest Payment Date”), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar’s close of business on the first day of the calendar month in which such Interest Payment Date falls, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 2.05. Redemption Bonds maturing in 2023 and later years shall be subject to redemption and prepayment at the option of the City, in whole or in part, in such order of maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar (or, if applicable, by the bond 8 depository in accordance with its customary procedures) in multiples of $5,000, on January 15, 2022, and on any date thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption. The City Clerk shall cause notice of the call for redemption thereof to be published if and as required by law and, at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bond to be redeemed at their addresses as they appear on the bond register described in Section 2.07 hereof, provided that notice shall be given to any securities depository in accordance with its operational arrangements. No defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. 2.06. Appointment of Initial Registrar The City hereby appoints Wells Fargo Bank, National Association, in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar, effective upon not less than thirty days’ notice and upon the appointment of and acceptance by a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 2.07. Registration The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register (the “Bond Register”) in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the 9 transferor. The Registrar may, however, close the books for registration of any transfer after the first day of the month in which such Interest Payment Date falls until such Interest Payment Date. (c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the Bond Register as the absolute owner of the Bond, whether the Bond shall be overdue or not, for the purpose of receiving payment of or on account of, the principal of and interest on the Bond and for all other purposes; and all payments made to any registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability upon Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be canceled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. 10 (i) Authenticating Agent. The Registrar is hereby designated authenticating agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55, subd. 1, as amended. (j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same benefits under this Resolution as the Bonds surrendered upon such transfer or exchange. 2.08. Execution, Authentication and Delivery The Bonds shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Clerk shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.09. Securities Depository For purposes of this section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Representation Letter pursuant to which the sender agrees to comply with DTC’s Operational Arrangements. 11 (a) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the Bond Register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever, and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the Bond Register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with DTC’s Operational Arrangements, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (b) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (d) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (d) hereof. (c) The execution and delivery of the Representation Letter to DTC by the Mayor or City Manager, if not previously filed, is hereby authorized and directed. (d) In the event that any transfer or exchange of Bonds is permitted under paragraph (a) or (b) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this Resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions 12 of this Resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 3. USE OF PROCEEDS Upon payment for the Bonds by the Purchaser, the City Manager shall deposit and apply the proceeds of the Bonds as follows: 3.01. Construction Fund There is hereby created a special bookkeeping fund to be designated as the “General Obligation Tax Abatement Bonds, Series 2014A Construction Fund” (the “Construction Fund”), to be held and administered by the City Manager separate and apart from all other funds of the City. To the Construction Fund there shall be credited from the proceeds of the Bonds an amount equal to the estimated cost of the Project, and from the Construction Fund there shall be paid all construction costs and expenses. There shall also be credited to the Construction Fund all Abatement Revenue collected by the City until all costs of the Project have been fully paid. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Sinking Fund described in Section 3.02 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. 3.02. Sinking Fund The Bonds shall be payable from a separate “General Obligation Tax Abatement Bonds, Series 2014A Sinking Fund” (the “Sinking Fund”) of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Into the Sinking Fund shall be paid (i) all proceeds of the Bonds received from the Purchaser upon delivery of the Bonds other than the amount deposited in the Construction Fund pursuant to Section 3.01 hereof; (ii) all Abatement Revenue received by the City, except as otherwise provided in Section 3.01 hereof; (iii) any amount to be credited to the Sinking Fund pursuant to Section 3.01 hereof; and (iv) all taxes levied and all other money which may from time to time be received for or appropriated for the payment of the principal of or interest on the Bonds, including all collections of ad valorem taxes levied for the payment of such. The principal of and interest on the Bonds shall be payable from the Sinking Fund, and the money on hand in the Sinking Fund from time to time shall be used only to pay the principal of and interest on the Bonds. On or before each principal and Interest Payment Date for the Bonds, the City Manager is directed to remit to the Registrar from funds on deposit in the Sinking Fund the amount needed to pay principal and interest on the Bonds on the next succeeding principal and Interest Payment Date. There are hereby established two accounts in the Sinking Fund, designated as the “Debt Service Account” and the “Surplus Account.” There shall initially be deposited into the Debt 13 Service Account upon the issuance of the Bonds the amount set forth in clause (i) above. Thereafter, during each bond year (each twelve month period commencing on January 16 and ending on the following January 15, a “Bond Year”), as monies are received into the Sinking Fund, the City Manager shall first deposit such monies into the Debt Service Account until an amount has been appropriated thereto sufficient to pay all principal and interest due on the Bonds through the end of the Bond Year. All subsequent monies received in the Sinking Fund during the Bond Year shall be appropriated to the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient for the payment of principal and interest then due, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. Investment earnings (and losses) on amounts from time to time held in the Debt Service Account and Surplus Account shall be credited or charged to said accounts. SECTION 4. TAX ABATEMENT The City has heretofore done all acts and things necessary to be done prior to the construction of the Project and the City hereby covenants and agrees that, for the payment of the costs of the Project, the City has done or will do and perform all acts and things necessary to authorize the Tax Abatement and collect Abatement Revenue from the Abatement Parcels sufficient to pay the costs of the Project. SECTION 5. PLEDGE OF TAXING POWERS For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts not less than 5% in excess of the amount needed to meet when due the principal and interest payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City. The taxes are to be levied and collected in the following years and amounts: Levy Years Collection Years Amount 2014-2033 2015-2034 See attached Levy Computation The taxes shall be irrepealable as long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in accordance with the provisions of Minnesota Statutes, Section 475.61. SECTION 6. DEFEASANCE When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this Resolution to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued from the due date to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they 14 are prepayable according to their terms by depositing with the Registrar on or before that date an amount equal to the principal, redemption premium, if any, and interest then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing or callable at the holder’s option on such dates as shall be required to pay all principal and interest to become due thereon to maturity or earlier designated redemption date, provided, however, that if such deposit is made more than ninety days before the maturity date of the Bonds to be discharged, the City shall have received a written opinion of Bond Counsel to the effect that such deposit does not adversely affect the exemption of interest on any Bonds from federal income taxation and a written report of an accountant or investment banking firm verifying that the deposit is sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and before their maturity dates. SECTION 7. TAX COVENANTS, ARBITRAGE MATTERS AND CONTINUING DISCLOSURE 7.01. General Covenant The City covenants and agrees with the owners from time to time of the Bonds, that it will not take, or permit to be taken by any of its officers, employees or agents, any action which would cause the interest on the Bonds to become includable in gross income of the recipient under the Internal Revenue Code of 1986, as amended (the “Code”) and applicable Treasury Regulations promulgated thereunder (the “Regulations”), and covenants to take any and all affirmative actions within its powers to ensure that the interest on the Bonds will not become includable in gross income of the recipient under the Code and applicable Regulations. The City represents and covenants that all improvements financed from the proceeds of the Bonds are and will be owned and operated by the City and available for use by members of the general public on a substantially equal basis. The City has not and will not enter into any lease, management contract, operating agreement, use agreement or other contract relating to the use, operation or maintenance of the City facilities financed by the Bonds which would cause the Bonds to be considered “private activity bonds” or “private loan bonds” pursuant to Section 141 of the Code. 7.02. Arbitrage Certification The Mayor and City Manager being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code and applicable Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “arbitrage bonds” within the meaning of the Code and the applicable Regulations. 15 7.03. Arbitrage Rebate The City acknowledges that the Bonds are subject to the rebate requirements of Section 148(f) of the Code. The City hereby covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at the times as are required by said Section 184(f) and applicable regulations unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. 7.04. Reimbursement The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to Project which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that this certification shall not apply (i) with respect to certain de minimis expenditures, if any, with respect to the Project meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the Project as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds. 7.05. Continuing Disclosure (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. The City has complied in all material respects with any undertaking previously entered into by it under the Rule. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this Resolution. As used in this section, Owner or Bondowner owner means, in respect of the Bonds, the registered owner or owners thereof appearing in the Bond Register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such 16 Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of the Bonds, any person or entity which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bonds (including persons or entities holding Certificates through nominees, depositories or other intermediaries), or (b) is treated as the owner of the Bonds for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: 1. Within 12 months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2014, the following financial information and operating data in respect of the City (the Disclosure Information): a. the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and b. to the extent not included in the financial statements referred to in paragraph (a) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under the headings: City Property Values; City Indebtedness; City Tax Rates, Levies & Collections. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public by the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access System (EMMA). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement 17 to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. 2. In a timely manner, not in excess of 10 business days, to the MSRB through EMMA, notice of the occurrence of any of the following events (each a “Material Fact,” as hereinafter defined): a. principal and interest payment delinquencies; b. non-payment related defaults; c. unscheduled draws on debt service reserves reflecting financial difficulties; d. unscheduled draws on credit enhancements reflecting financial difficulties; e. substitution of credit or liquidity providers, or their failure to perform; f. adverse tax opinions or events affecting the tax-exempt status of the security; g. modifications to rights of security holders; h. bond calls; i. defeasances; j. release, substitution, or sale of property securing repayment of the securities; k. rating changes; l. bankruptcy, insolvency, receivership, or similar event of the obligated person; m. the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of an obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 18 n. appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, a “Material Fact” is a fact as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell the Bonds or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, a Material Fact is also a fact that would be deemed material for purposes of the purchase, holding or sale of the Bonds within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (l) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. 3. In a timely manner, to the MSRB through EMMA, notice of the occurrence of any of the following events or conditions: a. the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; b. the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); c. the termination of the obligations of the City under this section pursuant to subsection (d); d. any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and e. any change in the fiscal year of the City. (c) Manner of Disclosure. 1. The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). 19 2. All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term; Amendments; Interpretation. 1. The covenants of the City in this section shall remain in effect so long as any Bonds are outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. 2. This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(2) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. 3. This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. 20 SECTION 8. CERTIFICATION OF PROCEEDINGS 8.01. Registration and Levy of Taxes The City Clerk is hereby authorized and directed to file a certified copy of this Resolution in the records of the County, together with such additional information as required, and to issue a certificate that the Bonds have been duly entered upon the County Auditor’s bond register as required by law. 8.02. Authentication of Transcript The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. 8.03. Official Statement The Preliminary Official Statement relating to the Bonds, dated as of June 5, 2014, prepared and distributed by Northland Securities, Inc., is hereby approved. Northland Securities, Inc., is hereby authorized on behalf of the City to prepare and distribute to the Purchaser within seven business days from the date hereof, a Final Official Statement listing the offering price, the interest rates, selling compensation, delivery date, the underwriters and such other information relating to the Bonds required to be included in the Official Statement by Rule l5c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. ADOPTED by the Eden Prairie City Council on this 17th day of June, 2014. _______________________ Nancy Tyra-Lukens, Mayor ATTEST: _______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Appointments DATE: June 17, 2014 DEPARTMENT: Rick Getschow, City Manager ITEM DESCRIPTION: Student on Commissions Appointments for the 2014-2015 School Year ITEM NO.: XIII.A. Requested Action Move to: • Appoint to the Conservation Commission – Ashray Manepalli, Anthony Polyakov and Sophia Modeas for the Fall and Spring terms • Appoint to the Flying Cloud Airport Advisory Commission – Britta Carlsen and Brian Gilje for the Fall and Spring terms • Appoint to the Heritage Preservation Commission – Courtney Sweeney, Alexander Modeas and Zeinab Hussen for the Fall and Spring terms • Appoint to the Human Rights and Diversity Commission – Elizabeth Corpuz, Emily Higgins, Karena Lin and Tanvi Mehta for the Fall and Spring terms; and Shreya Venkatesh for the Fall term • Appoint to the Parks, Recreation, and Natural Resources Commission – Jacqueline Armstrong, Pratik Baandal, Jennifer Powell and Riley Tillitt for the Fall and Spring terms Synopsis Applications for Students on Commissions positions were accepted from mid-April to the end of May. Seventeen applications were received this year. Commission Staff Liaisons met in early June to review and discuss the applications. The attached appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. Seventeen students are being recommended for appointment. The Fall Students on Commission term is from September through December, and the Spring term is from January through April. An orientation session will be held during the late summer. Background Information In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.