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HomeMy WebLinkAboutCity Council - 12/16/2008 AGENDA JOINT WORKSHOP OF THE CITY COUNCIL & EDEN PRAIRIE CHAMBER OF COMMERCE & OPEN PODIUM TUESDAY. DECEMBER 16, 2008 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOM II 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CHAMBER OF COMMERCE: Chair Cindy Daniels; Directors Greg Albrecht, Zane Birky, Vicki Brown, John Eversman, Jo Freese, Martin Hovden, Brian Johnson, Brian Kelly, Mic Klaith, Melissa Krull, Dan Murphy, Dave Ward, Dick Ward; President Pat MulQueeny CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. DISCUSSION Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 16, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS V. PROCLAMATIONS / PRESENTATIONS A. PROCLAMATION RECOGNIZING 40TH ANNIVERSARY OF THE EDEN PRAIRIE CHAMBER OF COMMERCE B. EDEN PRAIRIE HISTORICAL SOCIETY – JAN MOSMAN VI. MINUTES A. TRUTH IN TAXATION PUBLIC HEARING HELD MONDAY, DECEMBER 1, 2008 B. CITY COUNCIL MEETING HELD MONDAY, DECEMBER 1, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE SECOND READING OF AN ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION C. SUPERVALU Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Office Zoning District on 37 acres, Resolution for Site Plan Review on 37 acres. Location: 11840 Valley View Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA December 16, 2008 Page 2 D. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2009, I.C. 09-5740 E. APPROVE CHANGE ORDERS 1 AND 2 FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 F. APPROVE REALLOCATION OF $25,000 IN CDBG FUNDS TO PROP FOR EMERGENCY HOUSING ASSISTANCE PROGRAM G. ADOPT RESOLUTION DECLARING CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS IX. PUBLIC HEARINGS / MEETINGS A. ALLOCATION OF 2008 CDBG FUNDS FOR PROP SITE ACQUISITION B. 2009 TO 2013 CAPITAL IMPROVEMENT PLAN (RESOLUTION) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. INVITATION TO JOIN HWY 169 COALITION FOR 2009 2. PROPOSED 2009 COUNCIL MEETING SCHEDULE 3. RESOLUTION CERTIFYING 2009 PROPERTY TAX LEVY, ADOPTING THE 2009 BUDGET, AND CONSENTING AND APPROVING THE 2009 HRA TAX LEVY C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MAJOR CENTER AREA STREETSCAPE PLAN D. REPORT OF PARKS AND RECREATION DIRECTOR 1. PROJECT SUMMARY FOR BIRCH ISLAND PARK, ROUND LAKE BASEBALL STADIUM, THIRD SHEET OF ICE AND COMMUNITY CENTER CITY COUNCIL AGENDA December 16, 2008 Page 3 2. CHANGE ORDER 2 FOR RJM CONSTRUCTION FOR BIRCH ISLAND PARK, ROUND LAKE BASEBALL STADIUM, THIRD SHEET OF ICE AND COMMUNITY CENTER 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 ANNOTATED AGENDA DATE: December 12, 2008 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, December 16, 2008 _____________________________________________________________________________________________ MONDAY, DECEMBER 16, 2008 7:00 PM, COUNCIL CHAMBER HRA MEETING I. CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF THE HRA MEETING HELD SEPTEMBER 2, 2008 III. ADOPT RESOLUTION CERTIFYING THE 2008 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2008 HRA BUDGET OF $200,000 MOTION:  Move to close the public hearing.  IV. ADJOURNMENT MOTION:  Move to adjourn the HRA meeting.  CITY COUNCIL MEETING I. ROLL CALL / CALL THE MEETING TO ORDER 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. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda.  V. PROCLAMATIONS / PRESENTATIONS A. PROCLAMATION RECOGNIZING 40TH ANNIVERSARY OF THE EDEN PRAIRIE CHAMBER OF COMMERCE ANNOTATED AGENDA December 16, 2008 Page 2 B. EDEN PRAIRIE HISTORICAL SOCIETY – JAN MOSMAN VI. MINUTES MOTION:  Move to approve the following City Council minutes:  A. TRUTH IN TAXATION PUBLIC HEARING HELD MONDAY, DECEMBER 1, 2008 B. CITY COUNCIL MEETING HELD MONDAY, DECEMBER 1, 2008 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION:  Move approval of items A‐G on the Consent Calendar.  A. CLERK’S LICENSE LIST B. APPROVE 2ND READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION C. SUPERVALU Second Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment in the Office Zoning District on 37 acres, Resolution for Site Plan Review on 37 acres. Location: 11840 Valley View Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) D. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2009, I.C. 09-5740 E. APPROVE CHANGE ORDERS 1 AND 2 FOR RECONSTRUCTION OF FLYING CLOUD DRIVE, I.C. 07-5708 F. APPROVE REALLOCATION OF $25,000 IN CDBG FUNDS TO PROP FOR EMERGENCY HOUSING ASSISTANCE PROGRAM G. ADOPT RESOLUTION DECLARING CITY’S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS IX. PUBLIC HEARINGS / MEETINGS A. ALLOCATION OF 2008 CDBG FUNDS FOR PROP SITE ACQUISITION Official notice of this public hearing was published in the November 13, 2008, Eden Prairie News. ANNOTATED AGENDA December 16, 2008 Page 3 Synopsis: From its origins in 1971, PROP has quietly and compassionately provided a last resort safety net for local residents when government or family resources were not adequate. PROP was invited to move to space in the newly acquired Eden Prairie City Center and opened its operations there in 1993. The City of Eden Prairie has generously provided space, equipment, most utilities and services since that time, and has provided funding through CBGD and general fund grants for the past decade. Eden Prairie’s population has grown significantly since PROP moved into the Eden Prairie City Center. This population growth is reflected in the individual needs and requests for PROP’s emergency services. Where 2 or 3 volunteers could ably serve the daily emergency needs of PROP’s clients when PROP moved into its City space in 1993, today 8 to 12 persons are needed when PROP is open to clients. While PROP is grateful to the City of Eden Prairie for the space and services provided for the past 15 years, it has become increasingly apparent that PROP’s current space is inadequate. This is true especially of the lack of space for clients to wait and to be privately counseled, as well as space for adequate food processing and storage. The $300,000 grant will provide PROP with significant leverage for securing other financing to acquire a new facility. PROP is working with a commercial real estate broker and a lender to ensure their financial viability to undertake the operation of a new facility MOTION:  Move to:  • Close the public hearing; and  • Approve allocation of $300,000 in Community Development Block  Grant funds to PROP for acquisition of a facility for use as its base of  operations.  B. 2009 TO 2013 CAPITAL IMPROVEMENT PLAN (RESOLUTION) Official notice of this public hearing was published in the November 20, 2008, Eden Prairie News. Synopsis: In 2003, the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. The law requires a public hearing and council adoption of the plan. Also, it is a good management practice to prepare and adopt a capital improvement plan. MOTION:  Move to:  • Close the public hearing; and  • Adopt Resolution approving the 2009 to 2013 Capital Improvement  Plan   ANNOTATED AGENDA December 16, 2008 Page 4 X. PAYMENT OF CLAIMS MOTION:  Move approval of the Payment of Claims as submitted   (Roll Call Vote).  XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. INVITATION TO JOIN HWY 169 COALITION FOR 2009 2. PROPOSED 2009 COUNCIL MEETING SCHEDULE 3. RESOLUTION CERTIFYING 2009 PROPERTY TAX LEVY, ADOPTING THE 2009 BUDGET, AND CONSENTING AND APPROVING THE 2009 HRA TAX LEVY Synopsis: On September 2, 2008, the Eden Prairie City Council adopted a resolution certifying the proposed 2009 City budget and property tax levy. Calculations for the City showed the budget to be $42,611,155 and the certified levy to be $33,113,185 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($1,616,764) is $31,496,421. The 2009 budget maintains City services with a budget increase of 4.2% in the general fund and a total budget increase of 4.8% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 3.4% or $1,030,539. This is an increase of $27.00 or 2.5% on median value home of $369,400. According to state statute, the final levy amount must be certified to the county auditor by December 29, 2008. City Council adoption of the final levy and budget will complete this process. MOTION:  Move to:    • Adopt a resolution certifying the 2009 Property Tax levy  to  be $33,113,185; and  • Approve the 2009 Budget of $42,611,155 as reviewed by  the Council; and   • Consent and approve the HRA tax levy and budget of  $200,000.  ANNOTATED AGENDA December 16, 2008 Page 5 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. MAJOR CENTER AREA STREETSCAPE PLAN Synopsis: The Major Center Area Streetscape Master Plan report provides recommendations for lighting, sidewalks, landscaping and pedestrian amenities for Singletree Lane, the Prairie Center Drive/Valley View loop road, and the future north-south “Main Street” in the MCA Town Center. (See agenda item for additional detail.) MOTION:  Move to accept the Major Center Area Streetscape  Master Plan report.  D. REPORT OF PARKS AND RECREATION DIRECTOR 1. PROJECT SUMMARY FOR BIRCH ISLAND PARK, ROUND LAKE BASEBALL STADIUM, THIRD SHEET OF ICE AND COMMUNITY CENTER No action is requested.  This is an informational item.  Synopsis: An overview of the projects was presented to the City Council at the June 17, 2008 meeting and more recently to the Parks, Recreation and Natural Resources Commission at their meeting on November 3. City Manager Scott Neal and Parks and Recreation Director Jay Lotthammer will provide a project history, current spending status and an overview of up-to-date operational accomplishments. (See Agenda Item for more background detail.) 2. CHANGE ORDER 2 FOR RJM CONSTRUCTION FOR BIRCH ISLAND PARK, ROUND LAKE BASEBALL STADIUM, THIRD SHEET OF ICE AND COMMUNITY CENTER Synopsis: Change order #1 to the RJM Construction contract was for additional work at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and Community Center. This change order related to items that were discovered or added to the project after the drawings and scope of work were established within the original contract. Due to better than expected pricing and value engineering strategies, a savings of $15,900.00 was achieved and is being returned to the City of Eden Prairie in the form of a change order to the original contract. A construction management agreement was entered into with RJM Construction for the improvements at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and the Community Center. The original contract was for a total of $14,164,924. Due to changes and unforeseen conditions occurring during the construction period, additional funds of $597,791 (4.2%) were required to complete the project. During the remainder ANNOTATED AGENDA December 16, 2008 Page 6 of the project, a savings of $15,900.00 occurred. This savings is credited back to the City of Eden Prairie. Both RJM and Delano Erickson have submitted Letters of Completion. City of Eden Prairie staff has inspected all areas of the projects along with consultants in the areas of civil engineering, mechanical engineering and architecture. Staff is satisfied that all work is satisfactorily complete and that any future issues can be accommodated through the warranty period. Staff recommends approval of change order #2. MOTION:   Move to approve change order #2 to the RJM  Construction contract as a credit of $15,900.00 to the City of Eden  Prairie for cost savings related to the improvements outlined in  change order #1 at Birch Island Park, Round Lake Baseball Stadium,  the Third Sheet of Ice and Community Center improvements.  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:  Move to adjourn the City Council meeting.  AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 16, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 2, 2008 III. ADOPT RESOLUTION CERTIFYING THE 2008 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2008 HRA BUDGET OF $200,000 IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 2, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Chair Young called the meeting to order at 7:05 PM in shared session with the Council meeting. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON JULY 15, 2008 MOTION: Duckstad moved, seconded by Aho, to approve the minutes of the HRA meeting held on July 15, 2008 as published. Motion carried 5-0. III. RESOLUTION APPROVING THE PROPOSED 2009 HRA PROPERTY TAX LEVY OF $200,000 AND THE PROPOSED 2009 HRA BUDGET OF $200,000 Neal said Council Members are acting in the capacity of the Housing and Redevelopment authority (HRA) and are being asked to consider approving a property tax levy of $200,000 for 2009. He said Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, the Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs within the City. The limit for the City of Eden Prairie is approximately $1.8 million. MOTION: Duckstad moved, seconded by Nelson, to adopt HRA Resolution 2008-03 to approve the proposed 2009 property tax levy to be $200,000 and accept the proposed 2009 budget of $200,000. Motion carried 5-0. IV. RESOLUTION APPROVING WINDSOR PLAZA FIRST AMENDED DEVELOPMENT AGREEMENT RELATING TO TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT NO. 21 LOCATED WITHIN REDEVELOPMENT PROJECT AREA NO. 6. Neal said the Windsor Plaza Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6 will be amended to include a revised legal description to the new Registered Land Survey (RLS). He noted there will be a Public Hearing for this item under the Council portion of the agenda. HRA MINUTES September 2, 2008 Page 2 Neal said the developer seeks approval of an RLS to simplify the delineation of the retail, office, and restaurant components of the Windsor Plaza building, and to allow for the allocation of taxes and assessments to each portion of the development in accordance with the various agreements by and between the applicant and the City. Individual parcels of an RLS are assigned letter designations and are identified by Tracts. An RLS also permits multilevel or vertical tracts. The proposed RLS will use multilevel tracts to define all portions of the multilevel building. As part of the approval of the RLS, the Agreement Regarding Special Assessments and the Assessment Agreement are also being amended. The purpose of these amendments is to allocate the special assessments and the real property taxes to the individual tracts of the RLS. Neal said approval of the RLS will not result in any changes to the Windsor Plaza project approved by the Planning Commission and the City Council in 2007. The 120-Day review period expires on November 9, 2008. Neal noted this approval of this item is more important to the developer than it is to the City because it will allow the developer a more defined way to allocate costs to the tenants of the development. MOTION: Butcher moved, seconded by Nelson, to adopt Resolution HRA 2008-04 approving Windsor Plaza First Amended Development Agreement relating to Town Center Phase One Tax Increment Financing District No. 21 located within Redevelopment Project Area No. 6. Motion carried 5-0. V. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the meeting at 7:10 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 16, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Resolution Approving the 2009 HRA Property Tax Levy and Accepting the 2009 HRA Budget ITEM NO.: Requested Action Move to: • Adopt a resolution certifying the 2009 Property Tax levy to be $200,000 and approving the 2009 Budget of $200,000 as reviewed by the Council. Synopsis On September 2, 2008, the HRA approved the proposed 2009 HRA property tax levy and budget. Also on September 2, 2008, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2009 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2008- A RESOLUTION APPROVING THE HRA 2009 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2009 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2009 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2009 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 16, 2008. ___________________________ Phil Young, Chair ATTEST: SEAL ___________________________ Scott H. Neal, Executive Director ITEM NO.: VI.A. UNAPPROVED MINUTES EDEN PRAIRIE TRUTH-IN-TAXATION HEARING MONDAY, DECEMBER 1, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Young called the Truth-In-Taxation Hearing to order at 7:07 PM. II. PUBLIC HEARING A. OVERVIEW OF 2009 PROPOSED BUDGET AND TAX LEVY Sue Kotchevar presented an overview of the 2009 proposed budget, noting the purpose of tonight’s meeting is to solicit public input on the City’s proposed tax levy and budget for 2009. She said Minnesota State law requires that a public hearing be held after property owners receive their proposed property tax statements for 2009. She noted the final adoption of the budget is scheduled to occur on December 16, 2008 as part of the regular Council meeting. Kotchevar listed the outcomes and accomplishments of the City’s budget, and then reviewed the impact of the proposed budget on residential, apartment and commercial property. She also reviewed the General Fund revenues and expenditures for 2008 and 2009. B. PUBLIC COMMENT AND DISCUSSION Nancy Arieta, 10785 Valley View Road, #207, said she has concerns about the property value on her senior cooperative apartment. She said the property value stayed the same and the tax for the building went up. She asked what is included in the Community Development Department portion of the budget and asked if the slide showing the monthly cost of City services is per resident. Kotchevar replied the slide refers to the monthly cost for a median-value home. Jeremiah said the Community Development Department includes four divisions: Planning and Zoning; Housing and Community Services; Economic Development; and Assessing. She briefly reviewed the functions of the four divisions. Ms Arieta asked why the Community Development budget went up by $97,515 for 2009. Jeremiah replied there were some changes due to internal service fund adjustments, but the actual increase for Community Development was less than 3%. Ms Arieta then asked that people on fixed incomes and those with disabilities be kept in mind for City services because their dollars are very limited. Mayor Young referred her to Mr. Sinell for questions regarding the value of her property. Caryl Hansen, 16200 Hilltop Road, said their valuation went up 15% but no consideration was given to the fact they are in the track of the airport. Young also referred her to Mr. Sinnell and noted that, as a general trend, valuations are going down in Eden Prairie. Christine Rowland, 8751 Preserve Boulevard, said her taxes were $4,500 when she purchased that commercial property in January, but they are going up to about $9,000, a 193% increase for 2009. She asked if there is a cap on the percentage increase on property taxes. Steve Sinell said there is no cap and noted that kind of change is usually because it was a partially completed building. Young asked Ms Rowland to discuss the matter with Mr. Sinell. III. CLOSE OR CONTINUE PUBLIC HEARING MOTION: Aho moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. IV. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher, to adjourn the Truth-in-Taxation Hearing and reopen the City Council meeting. Motion carried 5-0. Mayor Young adjourned the Truth-in-Taxation Hearing at 7:30 PM. ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, DECEMBER 1, 2008 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Sherry Butcher, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Mayor Young called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD / PLEDGE OF ALLEGIANCE Mayor Young thanked the Eden Prairie Police Reserve Color Guard for presenting the colors tonight. III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Neal said he had two additions under Item XIV.B. Aho said he thought the Council should have some discussion under Item XIV.A about the options Mr. Neal brought forward regarding the budget. MOTION: Duckstad moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 18, 2008 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council Workshop held Tuesday, November 18, 2008, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 18, 2008 MOTION: Butcher moved, seconded by Duckstad, to approve the minutes of the City Council Meeting held Tuesday, November 18, 2008, as amended. Motion carried 5-0. CITY COUNCIL MINUTES December 1, 2008 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. ADOPT THE LOCAL WATER MANAGEMENT PLAN AND APPROVE SUBMITTAL OF THE PLAN WITH THE COMPREHENSIVE GUIDE PLAN UPDATE MOTION: Butcher moved, seconded by Aho, to approve Item A on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. FIRST READING OF THE ORDINANCE UPDATING THE FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS Neal said official notice of this public hearing was published in the November 20, 2008, Eden Prairie News. This ordinance establishes a fee schedule for the City’s costs in administering official controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control or other approval required under an official control. Minnesota statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Neal noted there are two ways in which we change fees, either by ordinance or resolution, and the fees for our building and development operations require an ordinance. There were no comments from the audience. MOTION: Aho moved, seconded by Butcher, to close the public hearing and to approve 1st Reading of the Ordinance updating the fee schedule for administration of official controls. Motion carried 5-0. B. 2009 FEE RESOLUTION 2008-109 Neal said official notice of this public hearing was published in the November 20, 2008, Eden Prairie News. This resolution establishes a fee schedule for the City’s services not covered by the preceding ordinance. He noted that up until this year we were doing this without a public hearing, but the Council has requested we now hold a public hearing for the fee resolution. There were no comments from the audience. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing and to adopt the 2009 Fee Resolution 2008-109. Motion carried 5-0. CITY COUNCIL MINUTES December 1, 2008 Page 3 Rosow noted the appropriate action by the Council is to “resolve to adopt the fee resolution”, and the wording of the resolution will be changed to reflect that. X. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Nelson, to approve the Payment of Claims as submitted. The motion was approved on a roll call vote, with Aho, Butcher, Duckstad, Nelson and Young voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 10.02 RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS Neal said the amendments as proposed to City Code Section 10.02 Individual Sewage Treatment Systems (ISTS) standards are required to bring the City Code into compliance with current Minnesota Pollution Control Agency rules, County regulations, and a Met Council submission requirement for the 2008 Guide Plan update. He noted this ordinance is also on tonight’s agenda for second reading if the Council approves first reading. Kevin Schmieg, Building Official, said individual sewage treatment systems are septic systems. There are currently 237 residential septic systems in Eden Prairie, a number that is reduced each year through attrition and when utilities become available in the area. He noted there will be some areas of the City that may never have utilities available. This ordinance amends the existing ordinance to be compliant with MPCA guidelines for the Guide Plan update. It is primarily a housekeeping item, and the only change is regarding the requirements of maintaining the systems. Nelson asked if this means that people are now going to have to keep their septic systems under maintenance so they don’t actually get old and start to leak. Schmieg replied this requires that maintenance be done on septic systems, and they must be pumped every three years. MOTION: Nelson moved, seconded by Butcher, to approve first reading of an ordinance amending City Code Section 10.02. relating to individual sewage treatment systems. Motion carried 5-0. B. SECOND READING OF ORDINANCE 24-2008 AMENDING CITY CODE CHAPTER 3 RELATING TO REGULATION OF DISCHARGE FROM SUMP PUMPS AND OTHER SOURCES INTO THE SEWER SYSTEM AND RESOLUTION 2008-110 APPROVING SUMMARY ORDINANCE Neal said this is the second reading of the ordinance prohibiting disposal of clear water into the sanitary sewer system. The first reading for the ordinance was held on October 21, 2008. CITY COUNCIL MINUTES December 1, 2008 Page 4 MOTION: Aho moved, seconded by Nelson, to approve second reading of Ordinance 23-2008 amending City Code Chapter 3 relating to regulation of inflow and infiltration (clear water) into the sanitary sewer system and to adopt Resolution 2008-110 approving Summary Ordinance for publication. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Aho – Budget Options Aho said he thought this was a good time to discuss the different budget options we are looking at in terms of the 2009 budget. He said Mr. Neal put together a couple of alternatives with options in his summary memo. The Budget Advisory Commission (BAC) made a recommendation to look at a zero increase of budget in the 2009 budget numbers. Mr. Neal put together two alternatives in his memo: a zero levy increase and a zero budget increase. The zero levy increase alternative would reduce the total levy increase of $1,030,359 by using one of three options: use the funds to replace the amount of the decrease; reduce expenses; and a mixture of using funds and reducing expenses. Aho said the second alternative in Mr. Neal’s memo was to look at what it would mean to do a zero budget increase, which would mean a 4.8% reduction of the budget or about $2,000,000. Mr. Neal said that could potentially reduce the head count by 12-15 employees. Aho thought there are quite a few options on the table. He personally liked the zero levy increase using the balanced approach of taking some existing fund money along with some reductions. He thought there should be some Council discussion on this. Butcher said she would like to consider the staff recommendation to keep the budget for 2009 as proposed because staff believes we still have the same demand for services. She thought there is an overarching idea to keep in place some of the funds that we would have to tap into with the zero levy increase. Our overall philosophy has been that we do incremental changes, and we always do more with less. Another important policy we have always had is to not use one-time money for operations, so she was concerned about using the Budget Stabilization fund and the Economic Development fund as suggested. Butcher said she thought we need to keep apprised of what our peer cities are doing. We had the lowest tax levy of any of our peers last year, and that may be an indication we are not putting as much into investment in the City as are other nearby cities. She was concerned about having a low tax levy two years in a row, and about the possible impact of that on our AAA bond CITY COUNCIL MINUTES December 1, 2008 Page 5 rating. That bond rating means we are fiscally responsible and very stable, and she would like to see the City maintain that stability as we go into the 2009 budget. Young said staff has put together a single budget ready for the Council to pass or not at the next meeting. He wanted to find out if there are additional things the Council wants staff to do without opening the door to debate on philosophy. He said Mr. Aho has requested staff put together an alternative budget along the lines of what Mr. Neal proposed, and Ms Butcher does not support that. Nelson said she would like to see a fourth option where we would look at some reductions. We made assumptions that gas prices would go much higher, and there may be other things that could be looked at. She would not want to see an option that would cause a huge increase in next year’s budget. She would like a fourth option that would make some reasonable reductions without cutting staff and that also would make a smaller offset. She thought we could look at what happens over the next two or three years with the option. Young asked what dollar or percentage she would suggest for the new option. Nelson said perhaps something halfway between the current budget and the third option as a possible target, and it should be something that would not cause a huge increase the following year. Duckstad said he was leaning in favor of Mr. Aho’s suggestion. He commended the City Manager for taking the time to put together the information outlining the various options. We made this budget in December of 2007, and a lot of changes have taken place in the meantime. He would be inclined to be in favor of a zero levy increase, but also would be in favor of making cuts as well as taking money from the funds. He didn’t want it all to be taken out of funds. At the present time the City is in good financial condition, but he thought we are obligated to consider the economy, the real estate market, the credit crunch, the fall in the stock market and job cuts. We are really in a serious situation, and we are obligated to consider our taxpayers. He was not in favor of the City having to let go any employees. He thought we should look at the zero levy increase and look at attaining that goal by using some available funds such as the windfall on the Presbyterian Homes development that went into the Economic Development fund. Nelson asked if we could consider letting the taxes go for the budget, but then giving a rebate from the windfall. Neal replied that cities don’t have statutory authority to use public money in that way. In summary, Young said we will have before us at the next meeting the budget as discussed at the Truth-in-Taxation hearing this evening, an alternative for Mr. Aho’s proposal and one for Ms Nelson’s proposal. CITY COUNCIL MINUTES December 1, 2008 Page 6 Aho said he would be willing to sit down and discuss options with staff. He liked the option of a balanced approach of reductions in the budget and some use of funds. Duckstad said he would like to reserve the option to present a possible amendment to the proposed budget. Young said it is always his privilege to do that, but asked him to give staff enough time to produce the options. Neal said he will touch base with all Council Members prior to the next meeting so they can come prepared for the discussion. B. REPORT OF CITY MANAGER 1. Update on the Community Center Project Neal said Council Member Duckstad asked for an update on the Community Center project at the last meeting. That update is being prepared and will be given at the next meeting. 2. Miscellaneous Update Neal said the next workshop is a joint meeting with the Chamber and asked Council Members to let him know of any items for the agenda. He announced Rod Rue will be the new City Engineer now that Al Gray has retired. He said Council Members are invited to attend the employee holiday luncheon on Friday, December 12 at 11:30 AM and at 8:00 PM. 3. Police and Fire All-in-One Solution Contract Neal said this has been quite an effort for the staff involved in this project. They have been working on the project since September of 2007 as they worked to create a new system that integrates the records management system, the CAD system and the Mobile system. He said they received a lot of input from staff members during the process. Police Chief Reynolds and Fire Chief Esbensen gave a slide presentation that reviewed the system goals and the project milestones. A lot of time was spent in planning the system, and it was presented to the City Council at a couple of different workshops. They spent a lot of time creating an RFP for the all-encompassing project. They selected New World Systems as the vendor because they had a fully integrated system and were able to work with staff and integrate our computer intelligence system into their system. They have a proven track record and also have user groups to develop and enhance their products in response to customer needs. They use the latest in technology and tools, and they are a large company with a large customer base. Esbensen reviewed what the new system will provide that we can’t do today. He said it will be a multi-phase project with Phase 1 costing about CITY COUNCIL MINUTES December 1, 2008 Page 7 $1,000,000 and Phase 2 $500,000. The total for the project is about $1,880,000 and that number was budgeted in the CIP. Aho asked about the expected life cycle of a system like this which involves investing in putting this together and integrating it into the current system. Esbenson said this is on the cutting edge of their new technology and represents the latest version of their product. He thought there may be things on the technology horizon that will change everything, but that isn’t the case now. Aho asked if the maintenance agreement includes all software and product updates. Esbensen said the cost of developments that come out of the user groups will be shared by those who want the new development components. Duckstad asked if we have any legal obligation to go out for bid on this in light of the money we are spending. Rosow said we look at the public bidding requirements every time a contract is considered, and because of the nature of this contract, it qualifies as not requiring a formal public bidding process. They did go through the RFP process to evaluate the proposals and bids from a variety of vendors. Neal said at our last meeting there was an issue between the City and the vendor about a contract provision, but we were able to compromise and resolve that issue. MOTION: Nelson moved, seconded by Butcher, to award the contract for Police and Fire All-in-One Solution to New World Systems and to authorize the Mayor and the City Manager to execute the contract with New World Systems. Motion carried 5-0. 4. Police and Fire Ticket Writer Software Contract Neal said this was originally included as part of the overall agreement just approved, but we decided to remove it from that because we could get a better price for the ticket writer software contract as a stand-alone and will save a little over $10,000 this way. MOTION: Aho moved, seconded by Butcher, to award the contract for the Police and Fire All-in-One Solution Ticket Writer software to APS (Advanced Public Safety, Inc.) and to authorize the Mayor and City Manager to execute the contract with APS. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES December 1, 2008 Page 8 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF 1. Second Reading of Ordinance 25-2008 Amending City Code Section 10.02 Relating to Individual Sewage Treatment Systems and Resolution 2008-111 Approving Summary Ordinance Speaking on behalf of the Fire Chief, Neal said this is second reading of the ordinance on the individual sewage treatment systems that was passed earlier this evening. Because it is being acted on at the same meeting as first reading, this item will require a unanimous vote of the City Council to pass second reading. MOTION: Duckstad moved, seconded by Aho, to approve second reading of Ordinance 25-2008 amending City Code Section 10.02 and to adopt Resolution 2008-111 approving Summary Ordinance for publication. Motion carried 5-0. H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:20 PM. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 16, 2008 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. Raffle Organization: Foundation for Eden Prairie Schools Place: Vikings Practice Facility Date: February 21, 2009 Amendment to Liquor License 2AM Closing Permit - Renewal Wadsworth Old Chicago Inc DBA: Old Chicago 2009 Renewal Licenses On-Sale Liquor Kabuki, Inc DBA: Kabuki Restaurant On-Sale and Sunday Liquor Applebee’s Restaurants North LLC DBA: Applebee’s Neighborhood Grill & Bar Baja Sol Cantina EP, LLC DBA: Baja Sol Cantina Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club Biaggi’s Ristorante Italiano, LLC DBA: Biaggi’s Ristorante Italiano Leiserv, Inc DBA: Brunswick Zone – Eden Prairie BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Campiello, LLC DBA: Campiello Annies Restaurants II, LLC DBA: Canyon Grille Champps Operating Corporation DBA: Champps Americana Courtyard Management Corporation DBA: Courtyard By Marriott Don Pablo’s Operating LLC DBA: Don Pablo’s TA, Inc DBA: Great Mandarin Purple Star, Inc DBA: Green Mill of Eden Prairie FCH Eden Prairie, LLC DBA: Hilton Garden Inn Eden Prairie Jakes, Inc DBA: Jake’s City Grille - 1 - City Council Agenda [Insert Meeting Date] Item Description Page 2 LTF Club Operations Company, Inc DBA: Zah-tar Wadsworth Old Chicago, Inc DBA: Old Chicago Olympic Hills Corporation DBA: Olympic Hills Golf Club Osaka Eden Prairie Inc. DBA: Osaka Eden Prairie Outback/Midwest II, LTD DBA: Outback Steakhouse Redstone American Grill, Inc DBA: Redstone American Grill RT Minneapolis Franchise, LLC DBA: Ruby Tuesday Santorini Y Not, Inc DBA: Santorini Sky Food Catering Inc. DBA: Sky Food Catering TGI Friday’s of Minnesota, Inc. DBA: T.G.I. Friday’s Timber Lodge Steakhouse Acquisitions, LLC DBA: Timber Lodge Steakhouse Wildfire Eden Prairie, LLC DBA: Wildfire Gemelli, LLC DBA: Woody’s Shady Oak Grille On-Sale Wine with Strong Beer Chipotle Mexican Grill of Colorado, LLC DBA: Chipotle D’Amico & Sons, LLC DBA: D’Amico & Sons Detello’s, Inc DBA: Detello’s Pizza & Pasta EP Foods LLC DBA: Fuddruckers Select Hotels Group LLC DBA: Hyatt Place Mpls/Eden Prairie India Palace New, Inc DBA: India Palace NYT Enterprises, Inc. DBA: Little Sushi on the Prairie New Beijing, Inc DBA: New Beijing Chinese Restaurant The Noodle Shop Co., --Colorado, Inc DBA: Noodles & Company JSK Holdings LLC DBA: Pastrami Jack’s Pei Wei Asian Diner, Inc DBA: Pei Wei Asian Diner Civitali Restaurant Corporation DBA: Punch Neapolitan Pizza KMB Ventures, Inc DBA: Umbria Gourmet Pizzeria City Council Agenda [Insert Meeting Date] Item Description Page 3 On-Sale Club Eden Prairie Lions Club, Inc DBA: Eden Prairie Lions Club 3.2 Beer On-Sale Davanni’s, Inc DBA: Davanni’s Pizza & Hot Hoagies EP Vietnamese Restaurant Inc DBA: EP Vietnamese Restaurant Lions Tap, Inc DBA: Lions Tap CSM RI Eden Prairie, L.L.C. DBA: Residence Inn by Marriott Minneapolis Southwest 3.2 Beer Off-Sale Jerry’s Enterprises, Inc DBA: Cub Foods Jerry’s Enterprises, Inc DBA: Jerry’s Foods Lions Tap, Inc DBA: Lions Tap PDQ Food Stores, Inc DBA: PDQ Store #215 RBF Corp. of Wisconsin DBA: Rainbow Foods #8848 Speedway SuperAmerica, LLC DBA: SuperAmerica #4441 Speedway SuperAmerica, LLC DBA: SuperAmerica #4159 Speedway SuperAmerica, LLC DBA: SuperAmerica #4269 Cigarette & Tobacco Products Anderson Market Inc DBA: Anderson Market KO-B, INC DBA: Aztec BP Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Colonial Auto Inc DBA: BP Amoco Jerry’s Enterprises, Inc DBA: Cub Foods Eden Prairie Grand St. Paul CVS, LLC DBA: CVS/pharmacy #3562 Ahlstrom Enterprises, Inc DBA: Eagle Mobil Kath Fuel Oil Service Co. DBA: GAS/PLUS 17 Purple Star, Inc DBA: Green Mill of Eden Prairie HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore #343 HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore #386 HOLIDAY STATIONSTORES, INC DBA: Holiday Stationstore #402 City Council Agenda [Insert Meeting Date] Item Description Page 4 Eden Prairie Jakes, Inc DBA: Jake’s City Grille Jerry’s Enterprises, Inc DBA: Jerry’s Foods Eden Prairie Norseman Oil Co. DBA: Mark’s Hwy 5 BP Twin Cities Stores, Inc DBA: Oasis Market #527 Olympic Hills Corporation DBA: Olympic Hills Golf Club PDQ Food Stores, Inc DBA: PDQ Store #215 RBF Corp. of Wisconsin DBA: Rainbow Foods #8848 Randy’s Bobby & Steve’s Auto World DBA: Randy’s Bobby & Steve’s Auto World San Sam Jewelers, Inc DBA: Snack & More Speedway SuperAmerica, LLC DBA: SuperAmerica #4441 Speedway SuperAmerica, LLC DBA: SuperAmerica #4159 Speedway SuperAmerica, LLC DBA: SuperAmerica #4269 Walgreen Co. DBA: Walgreens #06280 Walgreen Co. DBA: Walgreens #05080 Wal-Mart Stores, Inc DBA: Wal-Mart Store #1855 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: December 16, 2008 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Sue Kotchevar ITEM DESCRIPTION: Fee Schedule Ordinance – 2nd Reading ITEM NO.: VIII.B. Requested Action Move to: Approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary publication. Synopsis This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information The first reading of this ordinance was approved at the December 1, 2008, Council meeting. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachment Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 25 BY ADOPTING THE 2009 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 27-2007, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirety the “Fee Schedule for Administration of Official Controls” with the 2009 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit - Valuation $1 to $500 $30.00 $501 to $2,000 $30.00 1st $500 plus $3.65 each add’l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $84.75 1st $2,000 plus $16.60 each add’l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $466.55 1st $25,000 plus $12.15 each add’l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $770.30 1st $50,000 plus $8.50 each add’l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,195.30 1st $100,000 plus $6.80 each add’l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $3,915.30 1st $500,000 plus $5.60 each add’l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 & up $6,715.30 1st $1,000,000 plus $4.55 each add’l $1,000 or fraction thereof Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee if 2 SERVICE FEE DESCRIPTION valuation is greater than $10,000 Reinspection $50.00 Per hour Demolishing or Razing Buildings – Commercial Building $100.00 Demolishing of Razing Buildings - House $25.00 Demolishing or Razing Buildings - Garage $10.00 Demolishing or Razing Buildings – Accessory Building $10.00 Demolishing or Razing Buildings - Interior Demo $25.00 Demolishing or Razing Buildings – Exterior Demo $25.00 Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, Industrial $11,500.00 Per acre DEVELOPMENT Community Development Deposit 0 to 40 Acres $3,700.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $4,040.00 81+ acres $4,610.00 Guide Plan Charge $630.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee $690.00 Plus $5.00 per acre Planned Unit Development Amendment $690.00 Plus $5.00 per acre Platting Residential-0 to 10 units $450.00 Plus $5.00 per unit Residential-11 or more $560.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 $450.00 Plus $25.00 per acre 3 SERVICE FEE DESCRIPTION acres Commercial, Industrial, Office, Public-3.1 or more acres $575.00 Plus $25.00 per acre Site Plan Review Administrative $310.00 Site Plan Review (City Council) Multi-Family-0 to 10 units $445.00 Plus $5.00 per unit Multi-Family-11 or more units $550.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $445.00 Plus $25.00 per acre Commercial, Industrial, Office, Public-3.1 or more acres $565.00 Plus $25.00 per acre ZONING Commercial, Industrial, Office, Public 0-3 acres $450.00 Plus $25.00 per acre 3.1 or more acres $565.00 Plus $25.00 per acre Residential 0-10 units $450.00 Plus $5.00 per unit 11 or more units $565.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in public waters $75.00 Change in structure in public waters $75.00 Multiple dock or dock excess of 75’ $75.00 Zoning Amendment and Zoning Appeal Zoning amendment $240.00 Appeal to Board of Adjustments and Appeals Variances Residential $335.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $550.00 Includes variances associated with properties zoned office, industrial, commercial and residential Variances Building or Fire Code Appeal $230.00 4 SERVICE FEE DESCRIPTION ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $255.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all of the fees and costs incurred Variances required for tower and/or antennas See Development Fees Site Plan Review required for tower and/or antennas See Development Fees ENGINEERING Environmental Assessment Worksheet (E.A.W.) $300.00 Plus $5.00 acre Excavation & Grading – Grading Permit Fee 101 to 1,000 cubic yards $46.00 1st 100 cubic yards, plus $21.80 for each add’l 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $242.00 1st 1,000 cubic yards, plus $18.50 for each add’l 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $410.00 1st 10,000 cubic yards, plus $83.00 for each add’l 10,000 cubic yards or fraction thereof 100,001 or more $1,157.00 1st 100,000 cubic yards, plus $43.30 for each add’l 10,000 cubic yards or fraction thereof Reinspection fee $64.00 Each *The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review fees $37.00* Per hour / Minimum charge is one half hour required by changes, additions or revisions to approve plans Inspections outside normal business hours $64.00* Per hour / Minimum charge is two hours Inspection for which no fee is specifically indicated $64.00* Per hour / Minimum charge is one half hour Additional plan review required for changes, $64.00* Per hour / Minimum charge is one half hour 5 SERVICE FEE DESCRIPTION additions, or revisions to approved plans Excavation & Grading – Plan Checking Fee 101 to 1,000 cubic yards $46.00 1,001 to 10,000 cubic yards $63.00 10,001 to 100,000 cubic yards $63.00 1st 10,000 cubic yards, plus $31.70 for each add’l 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $348.00 1st 100,000 cubic yards, plus $17.40 for each add’l 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $505.00 1st 200,000 cubic yards, plus $8.70 for each add’l 10,000 cubic yards or fraction thereof Additional plan review fees $37.00 Per hour / Minimum charge is one half hour, required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $288.00 Per transaction / for vacating the City’s interest in real property, including right- of-way and easement’s (for consultation, review, notice mailing, publication of notice and recording) Signs Up to 30 sq ft in size $64.00 31 sq ft through 50 sq ft in size $85.00 51 sq ft through 80 sq ft in size $106.00 81 sq ft or over $133.00 Charge for returning picked up signs $10.00 ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering – Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 5% multiplied by the total construction cost Not applicable to projects built by city through special assessment. Cost include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. 6 SERVICE FEE DESCRIPTION Final Plat Residential $57.00 Per unit / Minimum $320.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, Office and Public $138.00 Per acre / Minimum $320.00 Administrative Land Division $73.00 LGU Review Min. Payment is $160. Plus cost of review by special consultants necessary as determined by the City Manager. The deposit , or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. $80.00 An hour LGU Deposit-Plan Review An LGU deposit agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews $3,500.00 7 SERVICE FEE DESCRIPTION LGU Deposit – Site Review Single Family Residential $160.00 Site Review or Development Review $1,000.00 Section 3. Ordinance No. 27-2007 is repealed effective January 1, 2009. Section 4. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective January 1, 2009 for calendar year 2009. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of December, 2008, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of December, 2008. ATTEST: ____________________________ ______________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on ________________. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 27-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 25 BY ADOPTING THE 2009 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 27-2008, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the “Fee Schedule for Administration of Official Controls” for the City’s costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect upon publication. ATTEST: ____________________________ ______________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on ___________________. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 27-2008 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 27-2008 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of December, 2008. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 27-2008 is lengthy and contains charts. B. The text of summary of Ordinance No. 27-2008, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 27-2008 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on December 16, 2008. ___________________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: December 16, 2008 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Michael Franzen ITEM DESCRIPTION: SUPERVALU ITEM NO.: VIII.C. Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review and Zoning District Amendment within the Office Zoning District on 37 acres; and • Adopt the Resolution for Site Plan Review on 37 acres; and • Approve the Development Agreement for SUPERVALU; and • Approve and Authorize Issuance of a Grading Permit for SUPERVALU, subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated August 15, 2008, as approved by the City Council. Synopsis This is final approval of plans and the development agreement for the conference center addition to the SUPERVALU headquarters building. Background Information The 120-Day Review Period Expires on December 17, 2008. Attachments 1. Ordinance for PUD District Review 2. Summary Ordinance 3. Resolution for Site Plan 4. Development Agreement SUPERVALU CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-2008-PUD-13-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, 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 amended within the Office Zoning District 26-2008-PUD-13-2008 (hereinafter "PUD-13-2008-OFC). Section 3. The City Council hereby makes the following findings: A. PUD-13-2008-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-13-2008-OFC 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-13-2008-OFC are justified by the design of the development described therein. D. PUD-13-2008-OFC is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 16, 2008, entered into between Super Valu, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-13-2008-OFC, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Office Zoning District and shall be included hereafter in the Planned Unit Development 13-2008-OFC, 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 and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of August, 2008, 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 16th day of December, 2008. ATTEST: _____________________________ _______________________________ Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on__________________, 2008. EXHIBIT A PUD Legal Description – Super Valu LAND DESCRIPTION (S) PARCEL A Part 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant’s Long Lake; thence Southeasterly along said shore to the North and South quarter line of said Section 11; thence South along said North and South quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in document number 3677302, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant’s Long Lake and there terminating. The East, West and North boundary lines of the above-described land, except the shore line of Bryant’s Long Lake, have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Subject to limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302. Subject to a 45-foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary Sewer District Board over a portion of the above-described Government Lot 2 as contained in Book 69 of Hennepin County Records, Page 3779764. Part 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 126, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document No. 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof. The East boundary line of the above-described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to a snow fence easement in favor of the State of Minnesota as contained in Book 68 of Hennepin County Records, Page 3723053. Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin County Records, Page 3722053. PARCEL B Part 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Part 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. Part 3: That part of the Government Lot 4 and the accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above-described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.00 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating; according to the Government Survey thereof. The West boundary line of the above-described part of the Northwest Quarter of the Southeast Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject of the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant’s Long Lake (as to parts 1, 2 and 3). Total Area of Parcels A and B = 5,899,069 + square feet or 132.42 + acres. SUPERVALU CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 26-2008-PUD-13-2008 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 amendment of the zoning of land located at 11840 Valley View Road within the Office 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 Phil Young, Mayor PUBLISHED in the Eden Prairie News on ______________________, 2008. (A full copy of the text of this Ordinance is available from City Clerk.) SUPERVALU CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SUPERVALU BY SUPERVALU, INC WHEREAS, SUPERVALU, Inc, has applied for Site Plan approval of SUPERVALU to construct a 15,000 square foot conference center addition to the existing office building, by an Ordinance approved by the City Council on December 16, 2008; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 28,2008 and August 11, 2008 meetings and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its August 19, 2008 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to SUPERVALU, Inc. based on the Development Agreement between SUPERVALU, Inc and the City of Eden Prairie, reviewed and approved by the City Council on December 16, 2008. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December, 2008. _______________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT SUPERVALU THIS AGREEMENT (“Agreement”) is entered into as of December __, 2008, SUPERVALU INC., a Delaware Corporation formerly named SUPERVALU Stores, Inc., 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, Planned Unit Development Concept Review on 135 acres, Planned Unit Development District Review and Zoning District Amendment in the Office Zoning District and Site Plan Review on that portion of the property legally described on Exhibit A (the “Property”) which is depicted on Exhibit B, 1994 Plan Sheet 3 within the dashed line labeled “zoning-office(OFC)”; NOW, THEREFORE, in Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Amendment in the Office District, and Resolution No. ____________ for Site Plan Review, 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 August 15, 2008, reviewed and approved by the City Council on August 15, 2008, (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. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property 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 Property 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. 4. 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. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. If the plan depicting exterior materials and colors is the same as identified on Exhibit B, the plan shall be approved. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. 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 the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). -2- 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 or Stormwater Infiltration 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) shall be maintained by the Developer 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 and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan 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 Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be 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. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build- -3- up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. 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. 7. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 47 caliper inches. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 8. TREE LOSS - TREE REPLACEMENT: There are 16,842 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 393 diameter inches. Tree replacement required is 12 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 12 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. 9. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property if any mechanical equipment is to be installed. -4- For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Shoreland District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Shoreland structure setback from 200 feet to 50 feet 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. 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. WETLAND PLAN: Prior to release of a building permit Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Vegetation Evaluation: Developer has submitted to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and Wetland Delineation Report (“Delineation Report”)in -5- accordance with the Wetland Plan and City Code requirements. Developer shall submit to the City a plan to address unacceptable vegetation or other conditions identified within the Delineation Report and Buffer Report. The wetland and or/wetland buffer strip shall be graded, treated, reseeded and/or replanted (hereinafter referred to as “Landscaping”, or “Landscaped”) by the Developer as needed to address the conditions identified within the Delineation Report and Buffer Report. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the wetland and/or buffer strip vegetation complies with all City requirements. B. Annual Wetland and Wetland Buffer Strip Evaluation: Prior to release of a building permit Developer shall submit a signed contract with a qualified wetland consultant, as determined by the City Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall be submitted two full growing seasons following completion of the development and shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: Prior to release of a building permit Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Environmental Coordinator, for the area delineated on the Plans. Within 10 days following approval by the City, Developer shall file the Conservation Easement with the Hennepin County Recorder/Registrar of Title as appropriate prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns or with the consent of the holder(s) of such prior interests. Prior to the issuance of the first building permit for the Property, Developer shall -6- submit to the Environmental Coordinator proof that the Conservation Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns, Developer shall install all wetland buffer strip monuments for the property. Wetland buffer strip monument locations shall be shown on the final grading plan. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch (4” x 4”) that states “Wetland Buffer: No Mowing Allowed”. The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Prior to release of a building permit Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the “Security”) equal to 150% of the cost, as estimated by the City Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development. If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation. 12. The Planned Unit Development and Development Agreement dated June 28, 1978 between Developer and the City of Eden Prairie remains in full force and effect except as modified by this agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE SUPERVALU INC. By ___________________________________ By___________________________ Its ___________________________________ Phil Young Its Mayor -7- By___________________________ Its ___________________________________ Scott H. Neal Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2008, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ____________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2008, by , the ____________________ of SUPERVALU INC., a Delaware corporation, on behalf of the corporation. ____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 -8- EXHIBIT A DEVELOPMENT AGREEMENT –SUPERVALU LAND DESCRIPTION (S) PARCEL A Part 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant’s Long Lake; thence Southeasterly along said shore to the North and South quarter line of said Section 11; thence South along said North and South quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in document number 3677302, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant’s Long Lake and there terminating. The East, West and North boundary lines of the above-described land, except the shore line of Bryant’s Long Lake, have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Subject to limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302. Subject to a 45-foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary Sewer District Board over a portion of the above-described Government Lot 2 as contained in Book 69 of Hennepin County Records, Page 3779764. Part 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 126, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document No. 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof. The East boundary line of the above-described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to a snow fence easement in favor of the State of Minnesota as contained in Book 68 of Hennepin County Records, Page 3723053. Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin County Records, Page 3723053. -9- PARCEL B Part 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Part 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. Part 3: That part of the Government Lot 4 and the accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above-described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.70 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating; according to the Government Survey thereof. The West boundary line of the above-described part of the Northwest Quarter of the Southeast Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject of the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant’s Long Lake (as to parts 1, 2 and 3). Total Area of Parcels A and B = 5,899,069 + square feet or 132.42 + acres. -10- EXHIBIT B – PLANS DEVELOPMENT AGREEMENT – SUPERVALU Sheet 1, Cover Sheet Index dated 07/15/08 by Westwood Professional Services, Inc. Sheet 2, PUD Master Plan dated 06/20/08 by Westwood Professional Services, Inc. Sheet 3, Existing Conditions Plan dated 06/20/08 by Westwood Professional Services, Inc. Sheet 4, Removals Plan dated 06/20/08 by Westwood Professional Services, Inc. Sheet 5, Site Plan dated 06/20/08 by Westwood Professional Services, Inc. Sheet 6, Aerial Exhibit dated 07/15/08 by Westwood Professional Services, Inc. Sheet 7, Shoreland Protection Zone Plan dated 07/15/08 by Westwood Professional Services, Inc. Sheet 8, Wetland Buffer Strips dated 06/20/08 by Westwood Professional Services, Inc. Sheet 9, Grading Drainage & Erosion Control Plan dated 06/20/08 by Westwood Professional Services, Inc. Sheet 10, Grading Drainage & Erosion Control Plan dated 07/15/08 by Westwood Professional Services, Inc. Sheet 11, Stormwater Pollution Prevention Plan - SWPPP dated 06/20/08 by Westwood Professional Services, Inc. Sheet 12, Stormwater Pollution Prevention Plan - SWPPP dated 06/20/08 by Westwood Professional Services, Inc. Sheet 13, Tree Inventory & Preservation Plan dated 6/20/08 by Westwood Professional Services, Inc. Sheet 14, Landscape Plan dated 6/20/08 by Westwood Professional Services, Inc. Sheet 15, Landscape Plan dated 6/20/08 by Westwood Professional Services, Inc. Sheet 16, General Details dated 6/20/08 by Westwood Professional Services, Inc. Sheet A1, Floor Plan First Level dated 06/20/08 by HGA Architects Sheet A2, Elevations dated 06/20/08 by HGA Architects PUD SUPPORTING DOCUMENTS: 1994 PUD Plans, Sheets 1-10A, prepared by BRW, Inc. 1994 Tree Inventory, prepared by BRW, Inc. Project Narrative Letter dated 06/20/08 by Westwood Professional Services, Inc. -11- EXHIBIT C DEVELOPMENT AGREEMENT – SUPERVALU 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. If Developer fails to proceed in accordance with this Agreement within thirty-six (36) 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. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the owners of the Property , their successors and assigns of the Property. V. 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 correct errors or omissions in the legal description of the Property VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT) 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 to the Dedicated Property 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, -12- 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 Dedicated Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Dedicated 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. VII. 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. VIII. THIS PARAGRAPH IS INTENTIONALLY STRICKEN. IX. 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. X. 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 any one or more remedies shall not constitute a waiver of any other remedy. -13- XI. THIS PARAGRAPH IS INTENTIONALLY STRICKEN. XII. 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. XIII. 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. XIV. THIS PARAGRAPH IS INTENTIONALLY STRICKEN. XV. 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. XVI. 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. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement as shown on the approved plans 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. XVIII. 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. a building permit shall not be released until proof of filing of the Development Agreement is submitted to the City. XIX. 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. -14- 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. XX. The Developer hereby grants the City, its 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. XXI. 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. -15- EXHIBIT D DEVELOPMENT AGREEMENT – SUPERVALU CONSERVATION/SCENIC EASEMENT THIS EASEMENT AGREEMENT is made this day of , 2008 by and between SUPERVALU INC., a Delaware Corporation, hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area”, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows: 1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the “Easement Area”, and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. -16- B. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip as shown on Exhibit C. Removal of the wetland buffer strip monuments is not allowed. C. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. D. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. E. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. F. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. 3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, 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 Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That to the best of Grantor’s knowledge no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney fees and costs that -17- City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to maintain the Easement Area subject to the provisions stated herein. 5. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 6. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 7. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE ____NOT TO BE SIGNED _ By NOT TO BE SIGNED Phil Young Its Mayor _____NOT TO BE SIGNED __ By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2008, by Phil Young and Scott H. Neal, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) -18- -19- ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2008, by , the ____________________ of SUPERVALU INC., a Delaware corporation, 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 “THE PROPERTY”  Legal Description PARCEL A Part 1: That part of Government Lot 2, including accretions, thereto, Section 11, Township 116, Range 22, all described as beginning at the Southeast corner of said Government Lot 2; thence West to the Southwest corner of said Government Lot 2; thence North along the West line of said Government Lot 2 and its extension to the North line of said Section 11; thence East along said North line to the shore of Bryant’s Long Lake; thence Southeasterly along said shore to the North and South quarter line of said Section 11; thence South along said North and South quarter line to the point of beginning, which lies Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in document number 3677302, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof; except that part of said Government Lot 2 lying Easterly and Northeasterly of a line described as commencing at the Southeast corner of said Government Lot 2, thence North along the East line of said Government Lot 2, a distance of 1237.61 feet to the actual point of beginning of the line to be described; thence Northwesterly deflecting to the left 44 degrees 00 minutes 00 seconds a distance of 378.00 feet; thence Northerly deflecting to right 44 degrees 00 minutes 00 seconds a distance of 240.0 feet; thence Northeasterly deflecting to the right 36 degrees 30 minutes 00 seconds to the shore of Bryant’s Long Lake and there terminating. The East, West and North boundary lines of the above-described land, except the shore line of Bryant’s Long Lake, have been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Subject to limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302. Subject to a 45-foot wide easement for sanitary sewer purposes in favor of Southwest Sanitary Sewer District Board over a portion of the above-described Government Lot 2 as contained in Book 69 of Hennepin County Records, Page 3779764. Part 2: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 126, Range 22, which lies Northerly of the Northerly right-of-way of County Road Number 60 and Easterly of the Easterly right-of-way of U.S. Highway Number 494, as described in Document No. 3677302 and 3723053, Office of the Register of Deeds, Hennepin County, Minnesota, according to the Government Survey thereof. The East boundary line of the above-described land has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject to a snow fence easement in favor of the State of Minnesota as contained in Book 68 of Hennepin County Records, Page 3723053. Subject to a limitation of the right of access to U.S. Highway Number 494 as contained in Book 2604 of Deeds, Page 203, Document No. 3677302 and in Book 68 of Hennepin County Records, -20- Page 3723053. PARCEL B Part 1: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Part 2: That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. Part 3: That part of the Government Lot 4 and the accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above-described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.70 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating; according to the Government Survey thereof. The West boundary line of the above-described part of the Northwest Quarter of the Southeast Quarter has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16745. Subject of the rights of the State of Minnesota in its sovereign capacity in the lands herein which lie between the natural ordinary low watermark and natural ordinary high watermark of Bryant’s Long Lake (as to parts 1, 2 and 3). Total Area of Parcels A and B = 5,899,069 + square feet or 132.42 + acres. -21- EXHIBIT B “EASEMENT AREAS” Conservation Easement for Bryant Lake That part of the South 1380 feet of the following described parcel: Government Lot 3 and the accretions thereto, Section 11, Township 116, Range 22, all described as beginning at the Southwest corner of said Government Lot 3; thence East along the South line of said Government Lot 3 and its extension to a point 525 feet West from the East Quarter corner of said Section 11; thence Northwesterly, deflecting to the left 109 degrees, to the shore of Bryant’s Long Lake; thence Northwesterly along the shore of said lake to its intersection with the Northerly extension of the West line of said Government Lot 3; thence South to the point of beginning, the Easterly boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16893 and the West boundary line of the above-described Government Lot 3 and accretions thereto has been marked by Judicial Landmarks set pursuant to Torrens Case No. 16744. Which lies easterly of the following described line: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the south line of Government Lot 3 and Government Lot 5 (also being the east/west quarter line of said Section 11), a distance of 1333.28 feet to the actual point of beginning of the line to be described; thence North 41 degrees 04 minutes 11 seconds East, a distance of 153.71 feet; thence North 26 degrees 44 minutes 49 seconds West, a distance of 235.53 feet; thence northwesterly along a non- tangential curve, concave to the west, having a radius of 457.70 feet, a central angle of 33 degrees 49 minutes 07 seconds and an arc distance of 270.16 feet, the chord of said curve bears North 14 degrees 10 minutes 24 seconds West; thence North 31 degrees 04 minutes 57 seconds West, tangent to last described curve, a distance of 38.97 feet; thence North 58 degrees 55 minutes 11 seconds East, a distance of 49.44 feet; thence North 30 degrees 38 minutes 08 seconds West, a distance of 117.11 feet; thence South 59 degrees 21 minutes 52 seconds West, a distance of 47.47 feet; thence North 25 degrees 12 minutes 13 seconds West, a distance of 121.75 feet; thence North 01 degrees 53 minutes 01 seconds East, a distance of 50.23 feet; thence North 29 degrees 30 minutes 55 seconds East, a distance of 76.42 feet; thence North 11 degrees 26 minutes 29 seconds East, a distance of 88.95 feet; thence North 36 degrees 02 minutes 48 seconds West, a distance of 179.95 feet; thence North 26 degrees 51 minutes 37 seconds West, a distance of 114.99 feet; thence North 23 degrees 57 minutes 20 seconds East, a distance of 98.97 feet to the north line of the South 1380 feet of said Government Lot 3 and said line there terminating. Together with that part of the following two described parcels: -22- That part of the Northwest Quarter of the Southeast Quarter of Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60. And That part of the Government Lot 4 and the accretions thereto, Section 11, Township 116, Range 22 lying Northerly of the center line of County Road No. 60 and Westerly of a line drawn parallel with and distant 600 feet West measured at right angles from the East line of said Government Lot 4, except that part thereof lying Southerly and Easterly of the following described line: Commencing at the Northeast corner of the above-described part of Government Lot 4; thence on an assumed bearing of South 00 degrees 10 minutes 58 seconds East along the East line thereof a distance of 407.00 feet to the point of beginning of the line to be described; thence North 63 degrees 26 minutes 06 seconds West, a distance of 658.22 feet; thence South 25 degrees 10 minutes 56 seconds West, a distance of 301.17 feet to the center line of said County Road No. 60, and said line there terminating; according to the Government Survey thereof. Which lies easterly of the following described line: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the south line of Government Lot 3 and Government Lot 5 (also being the east/west quarter line of said Section 11), a distance of 1333.28 feet to the actual point of beginning of the line to be described; thence South 14 degrees 47 minutes 44 seconds West, a distance of 188.29 feet; thence South 01 degrees 48 minutes 56 seconds East, a distance of 117.30 feet to the centerline of said County Road No. 60 and said line there terminating. Excepting therefrom that part lying within the right of way of said County Road No. 60. Conservation Easement for Wetland 11-13A That part of Government Lot 3 (and the accretions thereto), Section 11, Township 116, Range 22, Hennepin County, Minnesota which lies northerly of the South 220 feet of said Government Lot 3, southerly of the South 1300 feet of said Government Lot 3 and westerly of the following described line: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the south line of Government Lot 3 and Government Lot 5 (also being the east/west quarter line of said Section 11), a distance of 2450.34 feet; thence North 01 degrees 48 minutes 56 seconds West, a distance of 220.00 feet to its intersection with the north line of said South 220 feet and the actual point of beginning of the line to be described; thence North 45 degrees 54 minutes 27 seconds East, a distance of 326.37 feet; thence North 39 degrees 33 minutes 43 seconds East, a distance of 111.52 feet; thence northerly along a non-tangential curve, concave to the northwest, having a radius of 501.55 feet, a central angle of 60 degrees 08 minutes 26 seconds and an arc distance of 526.45 feet, the chord of said curve bears North 42 degrees 40 minutes 21 seconds East; thence North 12 degrees 36 minutes 08 seconds East, tangent to last described curve, a distance of 93.72 feet; thence North 31 degrees 23 minutes 21 seconds West, a distance of 376.48 feet to its intersection with the north line -23- of said South 1300 feet and said line there terminating. Conservation Easement for Wetland 11-13B That part of Government Lot 3 (and the accretions thereto), Section 11, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the East Quarter corner of said Section 11; thence South 88 degrees 11 minutes 04 seconds West, assumed bearing along the south line of Government Lot 3 and Government Lot 5 (also being the east/west quarter line of said Section 11), a distance of 2126.19 feet; thence North 00 degrees 17 minutes 02 seconds West, a distance of 130.05 feet to the actual point of beginning of the land to be described; thence North 74 degrees 26 minutes 33 seconds West, a distance of 299.47 feet; thence North 42 degrees 38 minutes 47 seconds East, a distance of 43.87 feet; thence northeasterly along a tangential curve, concave to the southeast, having a radius of 275.43 feet, a central angle of 20 degrees 26 minutes 47 seconds and an arc distance of 98.29 feet; thence easterly along a compound curve, concave to the south having a radius of 220.00 feet, a central angle of 43 degrees 12 minutes 24 seconds and an arc distance of 165.90 feet; thence South 73 degrees 42 minutes 02 seconds East, tangent to last described curve, a distance of 81.90 feet; thence South 19 degrees 51 minutes 34 seconds West, a distance of 173.94 feet to the point of beginning and there terminating. -24- -25- CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: December 16, 2008 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: I.C. 09-5740 Award Contracts for 2009 Water Treatment Chemicals ITEM NO.: VIII.D. Requested Action Move to: Award contracts for I.C. #09-5740, Water Treatment Chemicals for 2009, as indicated in the attached recommendation of award. Synopsis Bids were opened on December 4, 2008 for the 2009 supply of Water Treatment Chemicals. Attached is a summary sheet indicating the bid prices for these materials and chemicals and a table indicating the chemical, the recommended suppliers and the unit prices of the material to be purchased. Background Information The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption. Actual quantities used will vary, depending upon the 2009 weather. Drier years result in more lawn and garden watering, and thus require substantially more chemicals to treat the larger volume of water produced. The quantities of chemicals and the subsequent annual bid values are based upon estimates of total water production only. Staff recommends acceptance of low bid for each of the required chemicals. Attachments • Recommendation of Award • Bid Summary /IC#s/09-5740/ Recommendation of Award” RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS I.C. #09-5740 2009 Water Treatment Chemicals 1 Quicklime Graymont 1-800-232-1302 $112.00/Ton 2 Liquid Ferric Chloride (35% solution) Hawkins, Inc. 612-331-6910 $1.49/Gallon 3 Liquid Chlorine (1 ton shipments) DPC Industries, Inc. 651-437-1333 $447.20/Ton 4 Liquid Carbon Dioxide Air Liquide America 972-660-0545 $60.00/Ton 5 Sodium Polyphosphate Hawkins, Inc. 612-331-6910 $2,600/Ton 6 Sodium Silicofluoride Thatcher Company of Montana 406-721-3479 Jim Perkins or Teresa $1,712/Ton 7 Fluorosilicic Acid DPC Industries, Inc. 651-437-1333 $3.98/Gallon I.C. 09-5740 Award Summary 2009Indicates Low Bid BIDDERSQuicklime Liquid Ferric ChlorideLiquidChlorine1 ton loads LiquidCarbonDioxideSodiumPoly-phosphate SodiumSilicofluorideFluorosilicicAcidAir Liquide America $60.00/ Ton Carus Continental Carbonic $73.00/ Ton Graymont $112/ Ton DPC Industries $447.20 /Ton $3.98/ gal Poet Ethanol Products $65.00/ Ton Hawkins Chemical $1.49/ gal $463.00 /Ton $2600/ Ton $1779/ Ton $4.20/ gal Pristine Water Solutions $3900/ ton Thatcher Company of Montana $1712.00/ Ton Mississippi Lime Carmeuse Nalco $5600/ Ton Praxair PVS Technologies $1.61/ gal Shannon Chemical Solvay ------------------------------------------------------No Bid --------------------------------------------------- CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: December 16, 2008 DEPARTMENT/DIVISION: Randy Newton Public Works / Engineering ITEM DESCRIPTION: I.C. 07-5708 Approve Change Orders No. 1 and No. 2 for the Reconstruction of Flying Cloud Drive. ITEM NO.: VIII.E. Requested Action Move to: Approve Change Orders No. 1 and No. 2 for the Reconstruction of Flying Cloud Drive. Synopsis Change Orders No. 1 and No. 2, which total $7900.21, are the result of several minor field revisions that were required during the reconstruction of Flying Cloud Drive. Background Information The Flying Cloud Drive project was substantially completed in September of this year and is open to traffic. Final paving and restoration for the project will occur in the spring of 2009. The improvements to Flying Cloud Drive included constructing Flying Cloud Drive as a 3-lane roadway from south of Shady Oak Road to the south end of the SUPERVALU Eastview site (near the dog park). The Flying Cloud Drive Improvements also included construction of an 8 foot trail on the east side of Flying Cloud Drive extending to Shady Oak Road. Financial Implications Change Orders No. 1 and No. 2 result in a $7900.21 increase to the total contract amount. With these change orders the total contract amount is increased to $1,140,642.79. The Reconstruction of Flying Cloud Drive is financed by special assessment. The costs associated with Change Orders No. 1 and No. 2 are within the total budget established for the levied assessments. Attachments Change Order No. 1 Change Order No. 2 Date: Change Order No. Date of Issuance: July 17, 2008 Effective Date: July 31, 2008 Project: Reconstruction of Flying Cloud Drive Owner:. City of Eden Prairie Owner's Contract No.: IC No. 07 -5708 Date of Contract: June 17, 2008 Engineer's Project No.: AEDENP0802.00 .Contract: Street and Utility Contractor: S. M. Hentges & Sons, Inc. The Contract Documents are modified as follows upon execution of this Change Order: Description: I. Add the following item(s) to the project contract. Item Description Unit Unit Price Est. Quantity Amount UNCLASSIFIED EXCAVATION LS $4,244.63 $4,244.63 TOTAL ADD CHANGE ORDER NO.! $ 4,244.63 Attachments (list documents supporting change): S.M. Hentges & Sons, Inc. Change Order Request I RI CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $ 1,132,742.58 [Increase] [Decrease] from previously approved Change Orders No. to No. $0.0 0 Contract Price prior to this Change Order: $ 1 132 742.58 Increase of this Change Order: $ 4 244.63 Contract Price incorporating this Change Order: $ 1,136,987.21 Original Contract Times: U Working days U Calendar days Substantial completion (days or date): Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No. to No. Substantial completion (days): Ready for final payment (days): Contract Times prior to this Change Order: Substantial completion (days or date): Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: Substantial completion (days or date): Ready for final payment (days or date): Contract Times with all approved Change Orders: Substantial completion (days or date): Ready for final payment (days or date): Approved by Funding Agency (if applicable): ACCEPTED: ACCEirTEICV By: By 4111 Owner (Authorized Signature) Contractor (Authorized Signature) Date: Date: Date: EJCDC No. C-94I (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Page I of I S. M. HENTGES & SONS, INC. P.O. BOX 69 JORDAN, MN 55352 (952) 492-5700 FAX (952) 492-5705 Charm Order Reauest 1R1 Customer Reference Date of Request 07/17/08 (07/08/08) City of Eden Prairie Randy Newton 8080 Mitchell Road Eden Prairie, MN 55344 Job No. Job Description Job Location 08-659 Reconstruction of Flying Cloud Drive Eden Prairie, MN (Work done Approx July 1,2 &3) DESCRIPTION OF WORK PERFORMED: During the excavation of the pond S.M. Hentges has uncovered trees and stumps that were previously buried by others. Following are prices to excavate, separate, haul out and dispose of trees, stumps and other misc debris. These prices are based on 8 CY loads leaving the site. ITEM APPROX QTY UNIT MEAS DESCRIPTION UNIT PRICE BID AMT 35 CY Haul and dispose of material 50.00 1750.00 35 CY Excavate, separate and load materials 55.00 1925.00 Total $3,675.00 5% Profit $ 183.75 10% Overhead $ 385.88 Total Due $4,244.63 Please issue a change order for the above amount. Sincerely, Mike Heffron Project Manager PAAMBEdenp\080200\7CA\AFP\Chg Ord Req 1R.doc Contractor (Authorized Signature) Date: Date: Date: Change Order No. 2 Date of Issuance: October 7, 2008 Effective Date: November 5, 2008 Project: Reconstruction of Flying Cloud Drive Owner: City of Eden Prairie Owner's Contract No.: IC No. 07-5708 Date of Contract: June 17, 2008 Engineer's Project No.: AEDENP0802.00 Contract: Street and Utility Contractor: S. M. Hentges & Sons, Inc. The Contract Documents are modified as follows upon execution of this Change Order: Description: 1. Add the following item(s) to the project contract. Item Description Unit Unit Price Est. Quantity Amount LOWER EXISTING HYDRANT LS $779.63 1 $779.63 REMOVE SUPERVALU SIGN FOUNDATION LS $2,875.95 1 $2,875.95 TOTAL ADD CHANGE ORDER NO. 2 Attachments (list documents supporting change): S.M. Hentges & Sons, Inc. Change Order Request 2 S.M. Hentges & Sons, Inc. Change Order Request 3 CHANGE IN CONTRACT PRICE: Original Contract Price: $ 1 132 742.58 Increase from previously approved Change Order No. 1: $ 4,244.63 Contract Price prior to this Change Order: $ 1 136 987.21 Increase of this Change Order: $ 3,655.58 Contract Price incorporating this Change Order: $ 1 140 642.79 DaW:_411/2.1i Approved by Funding Agency (if applicable): $ 3,655.58 CHANGE IN CONTRACT TIMES: Original Contract Times: 0 Working days 0 Calendar days Substantial completion (days or date): Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change Orders No. to No. Substantial completion (days): Ready for final payment (days): Contract Times prior to this Change Order: Substantial completion (days or date): Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: Substantial completion (days or date): Ready for final payment (days or date): Contract Times with all approved Change Orders: Substantial completion (days or date): Ready for final payment (days or date): EJCDC No. C-941 (2002 Edition) Page 1 of 1 Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. S. M. BENTGES 8z SONS, INC. P.O. BOX 69 JORDAN, MN 55352 (952) 492-5700 FAX (952) 492-5705 Chance Order Rea nest 2 Customer Reference Date of Request 10/7/08 SEH, Inc Carter Schulze 1 0901 Red Circle Drive Minnetonka, MN 55343 Job No. Job Description Job Location 08-662 Reconstruction of Flying Cloud Drive Eden Prairie, MN DESCRIPTION OF WORK PERFORMED: Cut & Groove and lower fire hydrant at City of Eden Prairie rawest& ITEM APPROX QTY UNIT MEAS DESCRIPTION UNIT PRICE BID AMT EA Cut & Groove, Lower Hydrant 675.00 675.00 Total $ 675.00 5% Profit $ 33,75 10% Overhead $ 70.88 Total Due $ 779.63 Please issue a change order for the above amount. Sincerely, Mike Hellion Project Manager G:\JOBS\Open Jobs\Og-662 - FLYING CLOUD DRIVE RECONSTRUCTION, EnMaster Job Files\Change Ordersk2-I00708.doo S39.1.N3H WS SOLSZGVZSG GS:GT 800Z/6Z/OT 60/Z0 39tod S. M. HENTGES & SONS, INC. P.O. BOX 69 JORDAN, MN 55352 (952) 492-5700 FAX (952) 492-5705 Change Order Request 3 Customer Reference Date of Request 10/7/08 SEH, Inc Carter Schulze 10901 Red Circle Drive Minnetonka, MN 55343 Job No. Job Description Job Location 08-662 Reconstruction of Flying Cloud Drive . Eden Prairie, MN DESCRIPTION OF WORK PERFORMED: SM Hentges & Sons excavated around the concrete foundation of the existing Super Valu sign foundation. The existing foundation was a reinforced concrete. The foundation was removed down to the spread footing and removed. The foundation was approximately 7 ft deep. The hole was bachifiled with a granular fill and compacted to meet the contract requirements. ITEM APPROX QTY UNIT MEAS DESCRIPTION UNIT PRICE BID AMT HRS 320 Backhoe and Operator $153,00 $918.00 2 HRS 966 Cat Loader and Operator $158.00 $632.00 2 HRS Foreman $94.00 $564.00 HRS Truck to Haul out rubble $94.00 $376.00 Total $ 2490-00 5% Profit $ 124.50 10% Overhead $ 261.45 Total Due $ 2$75.95 Please issue a change order for the above amount, Sincerely, Mike Heffron Project Manager GAJOBS\Open Jobs\08-662 - FLYING CLOUD DRIVE 'RECONSTRUCTION, EP\Master Job Files\Cheinge OrderORI-102208.doc 60/60 39Vd S391.N3H WS 90L936PZ96 69:61 800Z/6Z/01 CITY COUNCIL AGENDA SECTION: Consent DATE: December 16, 2008 DEPARTMENT/DIVISION: Community Development Director Janet Jeremiah Molly Koivumaki, Housing & Community Services Manager ITEM DESCRIPTION: CDBG Reallocation to PROP for Emergency Housing Assistance ITEM NO.: VIII.F. Requested Action Motion to: Approve Reallocation of $25,000 in Community Development Block Grant funds to PROP for an emergency housing assistance grant to provide financial assistance for up to three months of rent or mortgage payments to help residents prevent homelessness. Background At the time the 2008 Community Development Block Grant Action Plan was approved by the City Council, it did not specify the use of funds for emergency housing assistance. The need for this type of emergency housing assistance was unforeseen as the national economic stress had not yet been realized. In the months since, it has become apparent that Eden Prairie residents, previously not in need of such assistance have found themselves facing homelessness. PROP is receiving an increased amount of requests from individuals and families that are at risk of homelessness. This new group of requests is unique because the need is greater than one month support of rent or mortgage payment. These are individuals that have, often for the first time, experienced crisis such as job loss due to lay-offs, unexpected decrease in household budget due to limited hours for employment, increased difficulty becoming re-employed, or other unexpected crises. These clients do not qualify for other housing financial support and need longer-range financial help to create stability in housing. This project will focus on clients that do not benefit from the limitation of only one months rent or mortgage to prevent homelessness. This program, which is encouraged by HUD to help prevent homelessness, will be geared for individuals who do not qualify for other resources for emergency housing funds. Qualified Eden Prairie residents will receive mortgage or rental financial support for up to three months for the prevention of homelessness. This project will be funded with CDBG housing funds and will not negatively impact any projects funded with public service funds. We have experienced a build-up of housing funds and have been advised by HUD that we must take immediate steps to draw down that amount. Factors that have lead to our build up of CDBG housing funds include the slower than anticipated pace that affordable properties at Hennepin Village could be acquired, and the stalling out of the transitional house project. The purchase of the transitional house and several units at Hennepin Village would have substantially drawn down our CDBG funds. Attachments City of Eden Prairie CDBG Request for Funding Application 2008 CITY OF EDEN PRAIRIE CDBG PROGRAM REQUEST FOR FUNDING A. GENERAL INFORMATION 1. Community: Eden Prairie 2. Project Name: Homelessness Prevention – 1-3 month support 3. Contact Person/Phone Number/email Anne Harnack, Executive Director, 952 294-5970, anneh@propfood.org B. PROJECT DATA 1. Funding Request $25,000 2. Is this request to fund an existing CDBG-FUNDED project? Yes X No Explain: in line with HUD program, 3 months – grant housing funds vs. public service Previous CDBG funding has been directed toward emergency services; a one time, up to one month support for rent, mortgage payment, and short-terms stays. If this funding request is granted, the new funds will be used for a specific project to provide financial assistance for up to three months to help households with payments for rent or mortgage to prevent homelessness. . 3. Leveraged Funds: (What other public or private funds does this project include? If none, then please note none). Amount $____NONE__ Source_____________________ Amount $ Source_____________________ Amount $ Source_____________________ 4. Project Location: Address Citywide__X___ 5. Project Description: PROP is receiving an increased amount of requests from individuals and families that are at risk for homelessness. This new group of requests is unique because the need is greater than one month support of rent or mortgage payment. These are individuals that have, often for the first time, experienced crisis such as job loss due to lay-offs, unexpected decrease in household budget due to limited hours for employment, increased difficulty becoming re-employed, the primary income earner has left the home and other unexpected crises. These clients do not qualify for other housing financial support and need longer- range financial help to create stability in housing. PROP has funding in the form of household loans for individuals who qualify yet the stipulation for accessing these funds are usually to great for most of PROP clients to access. Providing a loan through this funding source is difficult and PROP is in need of funding to reach the multitude of households that do not qualify for a housing loan. This project will focus on clients that do not benefit from the limitation of only one months rent or mortgage to prevent homelessness. This program will be geared for individuals who do not qualify for other resources for emergency housing funds. Qualified Eden Prairie residents will receive mortgage or rental financial support for up to three months for the prevention of homelessness. 6. Consolidated Plan Priorities: Owner-Occupied: • Mortgage payment assistance – for individuals/families that are at risk for homelessness • Rental payment assistance – for individuals/families that are at risk for homelessness 7. Anticipated results/accomplishments projects will have. (i.e.; number of persons/households to be assisted/served, number of housing units to be rehabilitated/built, etc.) As of October 22, 2008, PROP has provided housing support to 13 households in October with an additional 5 requests waiting for qualification. It is expected that these requests will multiply. This funding will offer financial assistance to 14 households in avoiding homelessness. The average number of people in the households served is three, therefore at it is expected that these funds will prevent approximately 45 households from becoming homeless. 8. If applicable, describe how project will assist community in achieving Metropolitan Livable Communities Act goals. NA 9. Implementation Schedule: (Identify major project tasks to occur and date anticipated) The implementations of funds will occur in a three month cycle per household served. The time frame for expenditure of funds will be directed by funding source. 10. Budget: (Specify total project budget by major project component, i.e., administration, planning, construction, acquisition, direct grants, public service.) *The budget below shows current through June 30th 2009. COMPONENT BUDGET/SOURCE OF FUNDS CDBG Funds Other Funds (Identify) CDBG Emergency Housing Funds $8,800 FHPAP (client loan program) $42,661 FHAP (Family Intake Specialist (.20 FTE) $6,437 LTCS Emergency Services Coordinator (.75 FTE) $24,227 CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: December 16, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager ITEM DESCRIPTION: Resolution for reimbursement of prior expenditures ITEM NO.: VIII.G. 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 their intent to issue bonds to finance the phase II 20-40-15 energy improvements and the police and fire all-in-one software solution. The resolution indicates the maximum amount of bonds expected to be issued for the energy improvements is $664,000 and for the police and fire all-in-one software solution is $2,100,000. The Council can issue any amount of bonds less than this amount. Attachments Resolution -1- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- 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 Phase II Energy Improvements $664,000 Police and Fire All-in-One Solution $2,100,000 -2- (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 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 December 16, 2008. ___________________________ Phil Young, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Public Hearing DATE: December 16, 2008 DEPARTMENT/DIVISION: Community Development Director Janet Jeremiah Molly Koivumaki, Housing & Community Services Manager ITEM DESCRIPTION: Allocation of 2008 Community Development Block Grant Funds for PROP Site Acquisition ITEM NO.: IX.A. Requested Action: Motion to: Approve allocation of $300,000 in Community Development Block Grant funds to PROP for acquisition of a facility for use as its base of operations. Synopsis: From its origins in 1971, PROP has quietly and compassionately provided a last resort safety net for local residents when government or family resources were not adequate. PROP was invited to move to space in the newly acquired Eden Prairie City Center and opened its operations there in 1993. The City of Eden Prairie has generously provided space, equipment, most utilities and services since that time, and has provided funding through CBGD and general fund grants for the past decade. Eden Prairie’s population has grown significantly since PROP moved into the Eden Prairie City Center. This population growth is reflected in the individual needs and requests for PROP’s emergency services. Where 2 or 3 volunteers could ably serve the daily emergency needs of PROP’s clients when PROP moved into its City space in 1993, today 8 to 12 persons are needed when PROP is open to clients. While PROP is grateful to the City of Eden Prairie for the space and services provided for the past 15 years, it has become increasingly apparent that PROP’s current space is inadequate. This is true especially of the lack of space for clients to wait and to be privately counseled, as well as space for adequate food processing and storage. The $300,000 grant will provide PROP with significant leverage for securing other financing to acquire a new facility. PROP is working with a commercial real estate broker and a lender to ensure their financial viability to undertake the operation of a new facility. Attachment: City of Eden Prairie Grant Agreement CITY OF EDEN PRAIRIE GRANT AGREEMENT THIS AGREEMENT, made and entered into this ______day of _______________________, 2008, by and between People Reaching Out to Other People, Inc., a Minnesota non-profit corporation (hereinafter referred to as “Subrecipient”), having its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, and the City of Eden Prairie, a municipal corporation in the State of Minnesota (hereinafter referred to as the “City”), having its principal office located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344. WHEREAS, Subrecipient is a non-profit corporation that provides social services to residents of the City of Eden Prairie, Minnesota; and WHEREAS, Subrecipient currently operates a portion of its services at 8080 Mitchell Road; and WHEREAS, City desires to provide Subrecipient with grant funds to be used to acquire real estate located in the City of Eden Prairie from which Subrecipient will use to provide services (the “Property”); and WHEREAS, in accordance with the provisions of applicable Federal and Minnesota law, Subrecipient and the City desire to set forth herein the conditions of the grant to Subrecipient. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Subrecipient, the parties hereto do hereby agree as follows: 1. ACQUISITION OF PROPERTY. 1.1. The City agrees to provide the Subrecipient with Community Development Block Grant (“CDBG”) funds (the “Grant Funds”) in an amount not to exceed $300,000.00. The Grant Funds shall be used solely to pay the costs of acquiring the Property. 1.2. Subrecipient shall spend the Grant Funds in accordance with this Agreement no later than March 31, 2009. In the event that Subrecipient does not spend the Grant Funds by March 31, 2009, this Agreement shall terminate. 1.3. Prior to disbursement of the Grant Funds, Subrecipient shall provide all information the City may require. Said information may include, but not necessarily be limited to: 1) the address of the Property; 2) the legal description of the Property; 3) an appraisal of the Property, acceptable to the City, showing that the Property’s value is equal to or greater than the purchase price of the Property; 4) a Title Commitment, issued by a commercial title insurer acceptable to the City, indicating that Subrecipient will acquire marketable fee title to the Property; and 5) evidence that Subrecipient is eligible for and will receive financing sufficient to cover the purchase price of the Property that exceeds the amount of the Grant Funds. 1.4. City shall pay the Grant Funds at the time of the closing on the sale of the Property. City shall pay the Grant Funds directly to the seller of the Property (“Seller”) or to the entity designated by Seller. 1.5. Subrecipient shall hold title to the Property and the acquisition of the Property shall be in Subrecipient’s name. 1.6. Subrecipient shall record this Agreement with the Hennepin County Recorder’s office or the Hennepin County Registrar of Titles, as applicable. Said recording shall be made contemporaneously with the closing. In the event that Subrecipient fails to record this Agreement as required, Subrecipient hereby consents to the recording of this Agreement by City. 1.7. It is understood that the City is held accountable to the Department of Housing and Urban Development (“HUD”) for the expenditure of the Grant Funds under this Agreement. The City shall make no payment of Grant Funds prior to Subrecipient providing acceptable documentation for the expenses incurred and until the City, in its sole discretion, is satisfied that Subrecipient has met or is capable of meeting all requirements set forth in this Agreement. 2. USE OF THE PROPERTY. Subrecipient shall use the Property to provide social services to residents of the Cities of Eden Prairie. Subrecipient shall not make any changes in the scope or character of its use of the Property without the City’s prior written consent. 2 3. COVENANTS. Subrecipient covenants with the City for the term of this Agreement that: 3.1. Subrecipient has made no material misstatement of fact in connection with Subrecipient's application for the Grant. 3.2. Subrecipient shall not sell, transfer or otherwise convey the Property, whether by deed, contract for deed, or otherwise, and whether voluntary or involuntary, except to the City or a transferee approved by the City. 3.3. Subrecipient shall at all times maintain the Property to a level reasonably acceptable to the City. 3.4. Subrecipient shall keep the Property free from liens not specifically consented to in writing by the City. 3.5. Subrecipient shall comply with all other of its obligations set forth in this Agreement. 4. TERM. 4.1. This Agreement shall commence as of the date written above and, unless terminated earlier by either party, shall remain in force for a period of thirty (30) years after Subrecipient’s acquisition of the Property. 4.2. Subrecipient may terminate this Agreement for any reason upon thirty (30) days written notice to City. 4.3. City may terminate this Agreement immediately upon Subrecipient’s default. 5. DEFAULT BY SUBRECIPIENT. Any one of the following shall constitute an event of default by Subrecipient: 5.1. Subrecipient’s dissolution, whether voluntarily or involuntarily, or by other operation of law. 5.2. Subrecipient’s sale, transfer or other conveyance of the Property, unless consented to by the City in writing. 5.3. Subrecipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement within sixty (60) days after written notice to Subrecipient; provided, however, that said sixty (60) day period shall be extended for a reasonable time if the breach is not capable of being cured within said period and Subrecipient is diligently working toward curing the breach. 5.4. The adjudication of Subrecipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Subrecipient under the federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof; or the appointment by 3 such a court of a trustee or receiver or receivers of Subrecipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 5.5. The filing by Subrecipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Subrecipient; or the filing by Subrecipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Subrecipient of a petition to take advantage of any debtor’s act. 6. PROCESS UPON TERMINATION. 6.1. In the event of termination of this Agreement, Subrecipient shall pay the City the greater of: 1) the Grant Funds; or 2) the fair market value of the Property less any portion of the value attributable to expenditures of non-grant funds for improvements to the Property. The Property’s fair market value and the portion of the value attributable to expenditures of non-grant funds for improvements to the Property shall be determined by a qualified independent appraiser appointed by the City. 6.2. The payment to the City shall occur on the earliest of 1) the date of closing of Subrecipient’s sale, transfer or other conveyance of the Property; or 2) within thirty (30) days after the date this Agreement is terminated. Payment shall be made at the office of the City, or at such other place as the City may designate in writing. 6.3. If after thirty (30) years from the date of acquisition of the Property neither Party has terminated this Agreement and Subrecipient is not in default, Subrecipient’s obligations under this Agreement shall cease and Subrecipient shall retain the Property free and clear of all restrictions placed on it by this Agreement. 7. NOTE AND MORTGAGE. Subrecipient shall execute a promissory note and mortgage, in a form acceptable to the City, to serve as security for Subrecipient’s covenants and obligation for repayment as herein provided. Subrecipient shall record the promissory note and mortgage with the Hennepin County Recorder’s office or the Hennepin County Registrar of Titles, as applicable. Said recordings shall be made contemporaneously with the closing. In the event that Subrecipient fails to record the promissory note and mortgage as required, Subrecipient hereby consents to the recording of the same by City. 8. NOTICES. Any notice required to be given under this Agreement shall be made by mailing such notice by certified mail addressed to the party at the address set forth below, or at such other address as the parties may designate by notice in writing from time to time. Any notice provided for in this Agreement shall be deemed to have been given to the Subrecipient or the City when given in the manner designated herein. 4 If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager With a copy to: David Heim Eden Prairie City Attorney 650 Third Ave. So., Suite 1600 Minneapolis, MN 55402-4337 If to Subrecipient: ________________________ ________________________ ________________________ Attn: __________________ 9. INDEMNITY AND INSURANCE 9.1. The Subrecipient does hereby agree to defend, indemnify, and hold harmless the City, its elected officials, officers, agents, volunteers and employees from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Subrecipient and property of Subrecipient, which are caused by or sustained in connection with the intentional or negligent acts or omissions of the Subrecipient related to this Agreement. 9.2. In order to protect City and Subrecipient from liability and to effectuate the indemnification provisions hereinabove, the Subrecipient will carry insurance in at least the value of the Property, and a single limit or combined limit or excess umbrella commercial general liability policy in an amount at least equal to claim limits specified in Minnesota Statutes Section 466.04, as amended from time to time. Certificates evidencing the required insurance will be furnished to City upon execution of this Agreement. The policy of insurance shall contain the following clause: “It is agreed that this policy shall not be canceled nor the coverage reduced until thirty (30) days after the City of Eden Prairie shall have received written notice of such cancellation or reduction by certified mail.” Upon execution of this Agreement, Subrecipient shall provide a copy of its Insurance Declaration Page, Rider, and/or Endorsements, as applicable, which evidences the compliance with this paragraph. 9.3. This section is not intended by the parties hereto as a waiver of the liability limits specified in Minnesota Statutes Section 466.04, as amended. 10. DATA PRIVACY. In carrying out its duties under this Agreement, Subrecipient shall abide by the applicable provisions of the Minnesota Government Data Practices Act and any other applicable state and federal laws, rules, and regulations relating to data privacy or confidentiality, and as any of the same may be amended. 5 11. AMENDMENTS TO AGREEMENT. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed, approved and properly executed by the authorized representatives of the parties. 12. ADMINISTRATIVE REQUIREMENTS. Subrecipient shall comply with the applicable provisions of 24 Code of Federal Regulations 570.502. 13. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY 13.1. During the performance of this Agreement, the Subrecipient agrees to the following: In accordance with the Minnesota Human Rights Act, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws against discrimination shall be otherwise subjected to discrimination. 13.2. The Subrecipient will furnish all information and reports required to comply with the provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and regulations pertaining to discrimination and equal opportunity. 14. NON-DISCRIMINATION BASED ON DISABILITY 14.1. During the performance of this Agreement, Subrecipient shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, to ensure that no otherwise qualified individual with a handicap, as defined in Section 504, shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination by the Subrecipient receiving assistance from the City under Section 106 and/or Section 108 of the Housing and Community Development Act of 1974, as amended. 14.2. During the performance of this Agreement, when and where applicable, the Subrecipient shall comply with, and make best efforts to have its third party providers comply with, Public Law 101-336 Americans With Disabilities Act of 1990, Title I “Employment,” Title II “Public Services” – Subtitle A, and Title III “Public Accommodations and services Operated By Private Entities” and all ensuing federal regulations implementing said Act. 15. LOBBYING 15.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the 6 extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 15.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement Subrecipient will complete and submit Standard Form-LLC, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 16. ACCESS TO RECORDS, AUDIT. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Subrecipient in implementation of this Agreement, and the Subrecipient agrees to provide all information required by any person authorized by the City to request such information from the Subrecipient for the purpose of reviewing the same. The books, records, documents, and accounting procedures and practices of the Subrecipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor during and for a period of six years after the termination date of this Agreement. 17. CONFLICTS. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 18. LIMITATION OF REMEDIES. In the event of a breach of the Agreement neither the Subrecipient or the City shall be entitled to recover punitive damages or damages for loss of business. 19. AGREEMENT TO RUN WITH THE LAND. This Agreement shall run with the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Subrecipient shall be joint and several. 20. SEVERABILITY. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provisions of the Agreement are declared to be severable. People Reaching Out to Other People, Inc. ___________________________________ CITY OF EDEN PRAIRIE _________________________________ 7 8 Its:_______________________ Its Mayor _________________________________ Its City Manager STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _________, 2008, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ______________________ Notary Public STATE OF MINNESOTA ) ) :SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _________, 2008, by____________________, the ____________________ of People Reaching Out to Other People, Inc., a Minnesota non-profit corporation, on behalf of said corporation. ______________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, LTD 650 Third Avenue South Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 P:\Home\1610.553 - PROP CDBG Grant\Documents\2008 12 03 - Grant Agreement with PROP.doc CITY COUNCIL AGENDA SECTION: Public Hearings DATE: December 16th, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Resolution Approving the 2009 to 2013 Capital Improvement Plan ITEM NO.: IX.B. Requested Action Move to: • Close the public hearing; and • Adopt Resolution approving the 2009 to 2013 Capital Improvement Plan Synopsis In 2003, the Minnesota legislature passed Minnesota Statute 475.521, which allows cities to issue bonds under a qualified capital improvement plan. Bonds may be issued for the acquisition or betterment of public lands, buildings or other improvements for the purpose of a city hall, public safety facility, and public works facility. The law requires a public hearing and council adoption of the plan. Also, it is a good management practice to prepare and adopt a capital improvement plan. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION ADOPTING THE 2009 TO 2013 CAPITAL IMPROVEMENT PLAN WHEREAS, during the course of the preparation and review of the 2009 to 2013 Capital Improvement Plan (the CIP) the City Council (the Council) of the City of Eden Prairie, Minnesota (the City) has considered, for each capital improvement and for the CIP overall: the condition of the City's existing infrastructure, including the projected need for repair or replacement; the likely demand for the improvement; the estimated cost of the improvement; the available public resources; the level of overlapping debt in the City; the relative benefits and costs of alternative uses of the funds; operating costs of the proposed improvements; and alternatives for providing services most efficiently through shared facilities with other cities or local government units; and WHEREAS, the CIP covers at least a five-year period beginning with the date of its adoption; sets forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement.; and WHEREAS, the City has published notice of its intent to approve the CIP and the time and date of the hearing to obtain public comment on the matter at least fourteen (14) but not more than twenty-eight (28) days prior to the date hereof, pursuant to and in accordance with Minnesota Statutes, Section 475.521; and WHEREAS, a public hearing regarding the proposed plan was held on December 16th, 2008 at 7:00 p.m. in the City Council Chambers; and WHEREAS, it is in the best interests of the City to approve the CIP, ; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City Council hereby approves the 2009 to 2013 Capital Improvement Plan. ADOPTED by the City Council of the City of Eden Prairie this 16th day of December 2008. _______________________ Phil Young, Mayor ATTEST: CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: December 16, 2008 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 181224 – 181932 Wire Transfers 3220 – 3247 3221 thru 3234 US Bank Purchasing Cards 513 CIP P t M t 522 City of Eden Prairie Council Check Summary 12/16/2008 Division Amount Division Amount General 73,183 525 Flying Cloud Dr Improvements 4,710 100 City Manager 840 601 Prairie Village Liquor 94,336 101 Legislative 2,250 602 Den Road Liquor 113,941 102 Legal Counsel 37,254 603 Prairie View Liquor 68,769 110 City Clerk 41,413 605 Den Road Building 429 111 Customer Service 8,367 701 Water Fund 130,697 113 Communications 12,238 702 Sewer Fund 262,530 114 Benefits & Training 1,744 703 Storm Drainage Fund 52,759 116 Facilities 28,038 802 494 Commuter Services 24,789 117 City Center 56,156 803 Escrow Fund 3,391 119 Cmty Center - Facilities 27,719 807 Benefits Fund 548,828 130 Assessing 3,269 812 Fleet Internal Service 36,929 131 Finance 1,499 813 IT Internal Service 54,728 132 133 Housing and Community Services Planning 1,509 4,923 Report Totals 5,421,586 137 Economic Development 490 138 Community Development Admin.813 150 Park Administration 3,919 151 Park Maintenance 15,994 153 Organized Athletics 4,201 154 Community Center 7,092 156 Youth Programs 362 157 Special Events 66 158 Adult Recreation 3,254 159 Recreation Administration 195 160 Therapeutic Recreation 50 161 Oak Point Pool 44 162 Arts 390 163 Outdoor Center 1,007 164 Park Rental Facilities 46 168 Arts Center 367 180 Police 49,573 183 Emergency Preparedness 2 184 Fire 25,011 200 Engineering 184 201 Street Maintenance 17,804 202 Street Lighting 47 301 CDBG 27,044 303 Cemetary Operation 297 304 Senior Board 50 308 E-911 739 309 DWI Forfeiture 20 312 Recycle Rebate 820 314 Liquor Compliance 1,165 315 Economic Development 75 316 WAFTA 142 417 $3,390,000 Facility Bond 2000 273,000 426 G.O. Equip Cert. 2004B-Pumper 122,518 427 2005 G.O. IMPR BONDS 259,983 428 G.O. Improv. Revolving 2005B 147,399 502 Park Development 7,058 503 Utility Improvement 2,616,746 506 Improvment Bonds 1996 2,222 509 CIP Fund 30,635 512 CIP Trails 102,555 513 CIP Pavement Management 522 515 Fire Station #4 450 City of Eden Prairie Council Check Register 12/16/2008 Check # Amount Vendor / Explanation Account Description Business Unit 3220 109 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 3234 45,582 US BANK Other Assets CIP - Bonds 3235 323 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 3236 105,792 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund 3237 1,162 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 3238 12,846 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3239 15,870 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 3240 31,690 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 3241 164,916 WELLS FARGO MINNESOTA N A SS & Medicare Health and Benefits 3242 115,123 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 3243 2,600,000 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund 3244 273,000 BANK OF NEW YORK, THE Principal $3,390,000 Facility Bond 2000 3245 122,518 ANCHOR BANK Principal G.O. Equip. Cert. 2004B-Pumper 3246 407,381 WELLS FARGO BANK MINNESOTA NA Principal G.O. Improv Revolving 2005B 3247 93 ADMINISTRATION RESOURCES CORP Other Contracted Services Health and Benefits 181224 448 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 181225 68 A TO Z RENTAL CENTER Operating Supplies Wine Club 181226 110 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 181227 23,333 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall - CAM 181228 253 ACCURINT - ACCOUNT # 1348824 Other Contracted Services Police 181229 59 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Den Bldg. - CAM 181230 194 AL'S COFFEE Merchandise for Resale Concessions 181231 997 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 Furniture 181232 453 AMERIPRIDE LINEN & APPAREL SER Clothing & Uniforms Prairie Village Liquor Store 181233 40 ANOMALY, JOE Other Contracted Services Staring Lake Concert 181234 39 ASPEN EQUIPMENT CO. Equipment Repair & Maint Fleet Operating 181235 400 ASSOCIATION OF TRAINING OFFICE Prepaid Expenses General Fund181235400ASSOCIATION OF TRAINING OFFICE Prepaid Expenses General Fund 181236 84 B & V VENDING INC Merchandise for Resale Concessions 181237 100 BAKKE, KATHRYN S Program Fee Classes/Programs/Events 181238 92 BARNES, BELINDA A. Other Contracted Services Volleyball 181239 38 BARNES, GARY AR Utility Water Enterprise Fund 181240 1,158 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 181242 10,121 BELLBOY CORPORATION Transportation Prairie View Liquor Store 181243 243 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 181244 63 BISHOP, TERRY AR Utility Water Enterprise Fund 181245 1,198 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs - Security Park Shelters 181246 58 BLOOMINGTON, CITY OF Other Contracted Services Park Maintenance 181247 1,611 BME CONSULTING Other Contracted Services Assessing 181248 1,127 BNR IRRIGATION SERVICES INC Improvement Contracts CIP Trails 181249 157 BOUNDLESS NETWORK Clothing & Uniforms Concessions 181250 109 BOYER TRUCKS Equipment Parts Fleet Operating 181251 6,924 BRAUER & ASSOCIATES LTD Other Contracted Services Park Acquisition & Development 181252 3,189 BUETOW AND ASSOCIATES INC Design & Engineering Park Acquisition & Development 181253 594 BURKHARDT, JAMES A Other Contracted Services Capital Impr. / Maint. Fund 181254 142 CAMPBELL KNUTSON, P.A. Legal WAFTA 181255 19,750 CANADA GOOSE PROGRAM, THE Other Contracted Services Storm Drainage 181256 2,592 CARGILL SALT Salt Snow & Ice Control 181257 24,722 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 181258 15 CHAMPION PLUMBING Cash Over/Short General Fund 181259 151 CHOICE INC Other Contracted Services Prairie Village Liquor Store 181260 8 CHRISTENSEN, MARGE Program Fee Classes/Programs/Events 181261 1,153 CLAREYS INC Equipment Testing/Cert. Utility Operations - General 181262 27 COMCAST Cable TV Fire 181263 4,261 COMMUNITY ACTION PARTNERSHIP Refunds CDBG - Public Service 181264 918 CORPORATE EXPRESS Office Supplies General 181265 243 COURTNEY TRUCK SERVICE Equipment Repair & Maint Fleet Operating 181266 362 D'AMICO AND SONS Miscellaneous City Council 181267 3 DAHL, GAYLE Program Fee Classes/Programs/Events 181268 194 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance,ppp 181269 12,821 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store 181270 3 DEHARPPORTE, MARGARET Program Fee Classes/Programs/Events 181271 2,889 DELL Computers Prairie Village Liquor Store 181272 22,837 DIVERSE BUILDING MAINTENANCE Cleaning Supplies Park Shelters Check # Amount Vendor / Explanation Account Description Business Unit 181273 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 181274 897 DOHERTY, SANDRA L Other Contracted Services Volleyball 181275 1,690 DUNSMORE ASPHALT INC Improvement Contracts CIP Trails 181276 3 DUVICK, LOIS Program Fee Classes/Programs/Events 181277 4,405 EAGLE WINE COMPANY Transportation Prairie View Liquor Store 181278 1,349 ECOLAB INC Contract Svcs - Pest Control Historical Buildings 181279 180 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 181280 21 ELECTRIC MOTOR REPAIR INC Equipment Parts Fleet Operating 181281 96 ELIASON, STEVE J Other Contracted Services Basketball 181282 122 FASTENAL COMPANY Equipment Parts Fleet Operating 181283 2,124 FB LEOPOLD COMPANY INC, THE Equipment Parts Water Treatment Plant 181284 3 FISHER, ELAINE Program Fee Classes/Programs/Events 181285 1,188 FORCE AMERICA Capital Under $10,000 Fleet Operating 181286 297 FORKLIFTS OF MINNESOTA INC Operating Supplies Fleet Operating 181287 175 G & K SERVICES Clothing & Uniforms Utility Operations - General 181288 864 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 181289 148 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 181290 439 GE CAPITAL Other Rentals General 181291 74 GINA MARIAS INC Operating Supplies Fire 181292 8 GINGREY, ELIZABETH AR Utility Water Enterprise Fund 181293 970 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations - General 181294 540 GOVDELIVERY Software Maintenance IT Operating 181295 927 GRAINGER Operating Supplies Community Center Maintenance 181296 1,419 GRAPE BEGINNINGS Transportation Prairie View Liquor Store 181297 2,552 GRAYBAR Treatment Chemicals Water Treatment Plant 181298 19,335 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 181300 12,597 GRIGGS COOPER & CO Transportation Prairie View Liquor Store 181301 220 HAND, JAMES AR Utility Water Enterprise Fund 181302 16,754 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 181303 269 HD SUPPLY WATERWORKS LTD Other Rentals Water System Maintenance 181304 224 954 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits181304224,954 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits 181305 3 HENDRICKS, GAIL Program Fee Classes/Programs/Events 181306 4,000 HENNEPIN COUNTY Other Contracted Services Storm Drainage 181307 384 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 181308 13,031 HENNEPIN TECHNICAL COLLEGE Miscellaneous Internal Events 181309 15 HERNANDEZ, RACHAEL AR Utility Water Enterprise Fund 181310 144 HERRIG, JEFF Other Contracted Services Basketball 181311 53 HOHENSTEINS INC Beer Den Road Liquor Store 181312 460 HOLMES, TOM Other Contracted Services Volleyball 181313 32 IDEARC MEDIA CORP (VERIZON DI Advertising Prairie Village Liquor Store 181314 16 IND SCHOOL DIST 272 Operating Supplies Internal Events 181315 336 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations - General 181316 5,143 INTEREUM INC Capital Under $10,000 Furniture 181317 366 ITS A KEEPER Awards Internal Events 181318 96 J J KELLER & ASSOCIATES INC Dues & Subscriptions Utility Operations - General 181319 104 JANEX INC Supplies - General Bldg Senior Center 181320 15,385 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 181321 1,626 JOHN HENRY FOSTER MINNESOTA IN Machinery & Equipment Water Treatment Plant 181323 28,336 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 181324 4,610 KISSNER, ROBERT S Other Contracted Services Rehab 181325 3 KOVALA, CAROL Program Fee Classes/Programs/Events 181326 522 KRAMER, TRENT C Other Contracted Services Basketball 181327 349 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Hall - CAM 181328 22 LAB SAFETY SUPPLY INC Repair & Maint. Supplies Water Treatment Plant 181329 4,972 LANO EQUIPMENT INC Equipment Repair & Maint Park Maintenance 181330 250 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 181331 64,528 LOGIS LOGIS Sewer Accounting 181332 15,933 MARK VII Beer Prairie View Liquor Store 181333 3,240 MAVO SYSTEMS Other Contracted Services Riley House 181334 3 MCCARTHY, ARDIS & BOB Program Fee Classes/Programs/Events 181335 125 MCWATERS, LORENE Other Hardware IT Operating 181336 2,430 MEDICINE LAKE TOURS Program Fee Trips 181337 39 MEDINA, MARY AR Utility Water Enterprise Fund,y p 181338 405 MENARDS Training Supplies Fire 181339 19 METRO SALES INCORPORATED* Operating Supplies Police 181340 254,815 METROPOLITAN COUNCIL ENVIRONME Licenses & Taxes Sewer Utility - General 181341 346 MGB PRINTING SERVICES Operating Supplies Special Events (CC) Check # Amount Vendor / Explanation Account Description Business Unit 181342 694 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 181343 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 181344 130 MINNEAPOLIS AREA ASSOC OF REAL Dues & Subscriptions Assessing 181345 58 MINNESOTA CHIEFS OF POLICE ASS Printing Police 181346 155 MINNESOTA CONWAY Equipment Repair & Maint Fire 181347 100 MINNESOTA DEPT OF LABOR AND IN Licenses & Taxes Fire Station #1 181348 2,250 MINNESOTA RECREATION & PARK AS Conference Expense Recreation Administration 181349 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 181350 210 MN JUVENILE OFFICERS ASSOCIATI Prepaid Expenses General Fund 181351 85 MNFIAM BOOK SALES Training Supplies Fire 181352 15,134 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 181353 42 MONAHAN, DAVID AR Utility Water Enterprise Fund 181354 625 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 181355 107 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 181356 559 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 181357 73 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 181358 3 NORTON, GINNY Program Fee Classes/Programs/Events 181359 185 NUCO2 INC Chemicals Pool Maintenance 181360 104 OLSEN COMPANIES Operating Supplies Park Maintenance 181361 102 OLSEN FIRE PROTECTION Contract Svcs - Fire/Life/Safe Community Center Maintenance 181362 644 OPPORTUNITY PARTNERS Janitor Service City Hall - CAM 181363 16 OWEN'S COMPANIES INC Cash Over/Short General Fund 181364 1,693 PARK NICOLLET CLINIC Health & Fitness Fire 181365 2,950 PARROTT CONTRACTING INC Equipment Repair & Maint Water System Maintenance 181366 266 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store 181367 315 PAULEY, JOSEPH ADN MICHELLE AR Utility Water Enterprise Fund 181368 3,498 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store 181369 166 PAUTZ, ROGER Recreation Supplies Summer Skill Development 181371 12,532 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 181372 507 PLAYPOWER LT FARMINGTON INC Repair & Maint. Supplies Wyndam Knoll 181373 3 089 PRAIRIE ELECTRIC COMPANY Capital Under $10 000 Fleet Operating1813733,089 PRAIRIE ELECTRIC COMPANY Capital Under $10,000 Fleet Operating 181374 10,493 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 181375 3,994 PRECISION FINISHING Building Repair & Maint. Community Center 181376 2,146 PRIOR WINE COMPANY Transportation Prairie View Liquor Store 181378 10,761 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 181379 251 QWEST Telephone IT Telephone 181380 674 RCM & ASSOCIATES Office Supplies General 181381 70 RDO EQUIPMENT CO Equipment Parts Fleet Operating 181382 1,024 REBS MARKETING Other Contracted Services Water Accounting 181383 652 RED WING SHOE STORE Clothing & Uniforms General Facilities 181384 134 RELIAKOR SERVICES INC Contract Svcs - Asphalt/Concr. Den Bldg. - CAM 181385 270 REYNOLDS, ROB Dues & Subscriptions Police 181386 23 RICHFIELD, CITY OF Operating Supplies Fleet Operating 181387 395 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Operating 181388 522 SA-AG INC Asphalt Overlay CIP Pavement Management 181389 51 SCHARBER & SONS Equipment Parts Fleet Operating 181390 72 SCHIPULL, JEFF Other Contracted Services Basketball 181391 3 SCHUG, DIANA Program Fee Classes/Programs/Events 181392 150 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 181393 255 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie View Liquor Store 181394 3 SHIMANSKI, BERMA Program Fee Classes/Programs/Events 181395 200 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 181396 954 SIGNALSCAPE INC Prepaid Expenses General Fund 181397 501 SKATRUD, TODD Tuition Reimbursement/School Fire 181398 68 SNAP-ON TOOLS Small Tools Fleet Operating 181399 3,056 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 181400 123 SPRINT Wireless Subscription IT Operating 181401 15,713 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 181402 1,761 STATE SUPPLY COMPANY Supplies - Plumbing Park Shelters 181403 341 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 181404 3 STIKA, EVELYN Program Fee Classes/Programs/Events 181405 202 STREICHERS Clothing & Uniforms Police 181406 115 SUBURBAN CHEVROLET Equipment Parts Fleet Operatingqppg 181407 1,145 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 181408 434 SURLY BREWING CO Beer Den Road Liquor Store 181409 3 SWEETMILK, RENEE Program Fee Classes/Programs/Events 181410 23,208 THORPE DISTRIBUTING Beer Prairie View Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 181411 60 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs - Elevator Community Center Maintenance 181412 400 TINY IMPREFECTIONS INC Health & Fitness Fire 181413 1,300 TOM DIETHELM BUILDERS Repair & Maint. Supplies Storm Drainage 181414 500 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 181415 61 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store 181416 1,249 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 181417 532 UNITED RENTALS NORTHWEST INC Other Rentals Park Maintenance 181418 60 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 181419 401 US POSTMASTER - HOPKINS Postage Water Accounting 181420 190 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 181421 1,624 VERNCO MAINTENANCE INC Grounds Maintenance Utility Operations - General 181422 4,354 VESSCO INC Equipment Parts Water Treatment Plant 181423 553 VINO SOURCE, THE Transportation Den Road Liquor Store 181424 6,905 VR BUILDERS Other Contracted Services Rehab 181425 21,380 WALL TRENDS INC Contract Svcs - General Bldg City Hall - CAM 181426 550 WELLS FARGO BANK MINNESOTA NA Paying Agent CIP - Bonds 181427 897 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 181428 100 WERTS, SANDY Petty Cash & Change Funds General Fund 181429 226 WESTERBURG, RICH Other Rentals Tree Removal 181430 4,160 WESTSIDE EQUIPMENT Machinery & Equipment Fleet Operating 181431 1,717 WINE COMPANY, THE Transportation Den Road Liquor Store 181432 5,735 WINE MERCHANTS INC Transportation Prairie View Liquor Store 181433 686 WORK CONNECTION, THE Other Contracted Services Park Maintenance 181434 869 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 181435 107 WORM, SANDY Other Assets Capital Impr. / Maint. Fund 181436 383 XCEL ENERGY Electric Round Lake 181437 1,168 YALE MECHANICAL INC Contract Svcs - HVAC Park Shelters 181438 11 YOCUM OIL COMPANY INC Lubricants & Additives Utility Operations - General 181439 831 Z WINES USA LLC Transportation Prairie View Liquor Store 181440 473 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 181441 95 HILLIGOSS HANNAH Wages No Benefits Elections18144195 HILLIGOSS, HANNAH Wages No Benefits Elections 181442 59 ABRAIRA, DANIEL CARLOS Wages No Benefits Elections 181443 198 AFFOLTER, DONALD Wages No Benefits Elections 181444 90 AIGAONKAR, VALLARI Wages No Benefits Elections 181445 195 ALBERTS, DALE A Wages No Benefits Elections 181446 72 ALDRIDGE, DAWN Wages No Benefits Elections 181447 322 AMUNDSON, LONDA Wages No Benefits Elections 181448 86 ANDERSON, BETTY J Wages No Benefits Elections 181449 72 ANDERSON, KENNETH Wages No Benefits Elections 181450 72 ANDERSON, MARGARET Wages No Benefits Elections 181451 95 ARMSTRONG, EDWARD Wages No Benefits Elections 181452 68 AULIZIA, NANCY Wages No Benefits Elections 181453 72 AUTIO, NANCY J Wages No Benefits Elections 181454 95 BAILLIE, LINDA Wages No Benefits Elections 181455 153 BAJWA, MANJIT Wages No Benefits Elections 181456 79 BAKER, ANDREW Wages No Benefits Elections 181457 90 BAKER, LISA SMITH Wages No Benefits Elections 181458 275 BALLANTINE, JESSICA Wages No Benefits Elections 181459 72 BAZILLION, BRENDA Wages No Benefits Elections 181460 176 BECHTHOLD, DONNA Wages No Benefits Elections 181461 95 BECKMANN, GERALDINE Wages No Benefits Elections 181462 140 BENGSTON, LISA Wages No Benefits Elections 181463 171 BERG, KENNETH E Wages No Benefits Elections 181464 167 BERNTSEN, FLOYD Wages No Benefits Elections 181465 270 BJERKE, STEVEN Wages No Benefits Elections 181466 171 BLACKARD, LOUISE Wages No Benefits Elections 181467 158 BLY, PHILIP M Wages No Benefits Elections 181468 108 BOATMAN, LESTER Wages No Benefits Elections 181469 90 BODE, JOHN H Wages No Benefits Elections 181470 220 BOLLWEG, NANCY Wages No Benefits Elections 181471 158 BOYINGTON, SHIRLEY Wages No Benefits Elections 181472 72 BOZANICH, STACEY Wages No Benefits Elections 181473 86 BRENNAN, KEELY Wages No Benefits Elections,g 181474 90 BRENNER, KATHRYN Wages No Benefits Elections 181475 158 BROICH, JESSICA Wages No Benefits Elections 181476 90 BROOKE, TARA Wages No Benefits Elections 181477 155 BRUNNER, BRUCE Wages No Benefits Elections Check # Amount Vendor / Explanation Account Description Business Unit 181478 203 BRYNDAL, MARY ANNE Wages No Benefits Elections 181479 176 BUCHHOLZ, ROBERT Wages No Benefits Elections 181480 162 BUEHL, BARBARA Wages No Benefits Elections 181481 90 BURKHARDT, TYLER Wages No Benefits Elections 181482 171 BYERS, JOYCE Wages No Benefits Elections 181483 97 CANAKES, EILEEN Wages No Benefits Elections 181484 72 CANTIN, RODNEY Wages No Benefits Elections 181485 90 CARL, KAREN Wages No Benefits Elections 181486 153 CARLSON, JOHN R Wages No Benefits Elections 181487 189 CARRINGTON, MARIO Wages No Benefits Elections 181488 153 CHEVALIER, JEANNE Wages No Benefits Elections 181489 180 CHRISTENSEN, CASSIE Wages No Benefits Elections 181490 72 CHRISTENSEN, RICHARD Wages No Benefits Elections 181491 81 CHRISTENSON, CATHERINE Wages No Benefits Elections 181492 90 CHRISTENSON, COURTNEY Wages No Benefits Elections 181493 242 CLARK, FAY Wages No Benefits Elections 181494 180 CLINTON, BARBARA Wages No Benefits Elections 181495 158 COHEN, NANCY Wages No Benefits Elections 181496 160 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 181497 153 CONBOY, NANCY Wages No Benefits Elections 181498 158 CONNAUGHTY, CURTIS Wages No Benefits Elections 181499 81 CONNORS, MARGE Wages No Benefits Elections 181500 200 CONNORS, PETE Wages No Benefits Elections 181501 90 COURT, ARNOLD Wages No Benefits Elections 181502 72 CRAGG, JAMES Wages No Benefits Elections 181503 90 CRIST, JENNIFER Wages No Benefits Elections 181504 126 CROSBY, JOYCE Wages No Benefits Elections 181505 158 CRUMP, ELLEN Wages No Benefits Elections 181506 77 CUMMINGS, ERIN Wages No Benefits Elections 181507 176 CURSKI, MARILYN Wages No Benefits Elections 181508 122 CURTIS ALLISON Wages No Benefits Elections181508122CURTIS, ALLISON Wages No Benefits Elections 181509 72 DAHL., ELAINE Wages No Benefits Elections 181510 131 DAHLAGER, KENNETH Wages No Benefits Elections 181511 90 DAHLAGER, SONJA Wages No Benefits Elections 181512 171 DAHLKE, GENE Wages No Benefits Elections 181513 158 DAKAY, JAYNE Wages No Benefits Elections 181514 81 DEIBEL, ANGELICA Wages No Benefits Elections 181515 180 DESMARAIS, MELINDA Wages No Benefits Elections 181516 81 DEZENSKI, LAUREN Wages No Benefits Legal Council 181517 173 DIEDE, MIKE Wages No Benefits Elections 181518 158 DILLING, LORRAINE Wages No Benefits Elections 181519 209 DOLLERSCHELL, JOHN Wages No Benefits Elections 181520 86 DORR, GRETCHEN Wages No Benefits Elections 181521 176 DOYLE, HELEN Wages No Benefits Elections 181522 90 DRUCK, ELIZABETH Wages No Benefits Elections 181523 180 DUBORD, SARAH Wages No Benefits Elections 181524 144 DUFFY, JOHN Wages No Benefits Elections 181525 81 DUPONT, JOSEPH Wages No Benefits Elections 181526 167 DUVICK, LOIS Wages No Benefits Elections 181527 72 DYLLA, DANIEL Wages No Benefits Elections 181528 158 EASTMAN, ROCHELLE Wages No Benefits Elections 181529 158 ECKHARDT, GARY Wages No Benefits Elections 181530 171 EGAN, ROSE ANN Wages No Benefits Elections 181531 180 EHORN, MARCIA Wages No Benefits Elections 181532 200 EIDE, JANE Wages No Benefits Elections 181533 144 ELLISON, CAROL E Wages No Benefits Elections 181534 83 EM, VASSILY Wages No Benefits Elections 181535 72 ENGELSTAD, CALVIN Wages No Benefits Elections 181536 176 ENGEN, DAVID Wages No Benefits Elections 181537 81 ESTALL, KATHERINE Wages No Benefits Elections 181538 81 FARRELL, ANN Wages No Benefits Elections 181539 95 FITZGERALD, TANYA Wages No Benefits Elections 181540 167 FLAVIN. MARILYN Wages No Benefits Electionsg 181541 99 FLETCHER, JEFFREY Wages No Benefits Elections 181542 180 FOCHT, MONICA Wages No Benefits Elections 181543 144 FOX, VERNETTE Wages No Benefits Elections 181544 162 FREDRICKSON, CAROL Wages No Benefits Elections Check # Amount Vendor / Explanation Account Description Business Unit 181545 86 FREEMAN, BARBARA Wages No Benefits Elections 181546 162 FRITZ, DONNAMAE Wages No Benefits Elections 181547 83 FROEHLE, KATIE Wages No Benefits Elections 181548 144 FROLANDER, LEANNE Wages No Benefits Elections 181549 151 GANAPATHIRAJU, SADHANA Wages No Benefits Elections 181550 113 GARDNER, ADRIANA Wages No Benefits Elections 181551 162 GATES, SHARON Wages No Benefits Elections 181552 135 GIBSON, STEVE Wages No Benefits Elections 181553 220 GILBERT, GORDON Wages No Benefits Elections 181554 210 GILBERT, JUNE Wages No Benefits Elections 181555 146 GINN, SALLY Wages No Benefits Elections 181556 72 GIVENS, JACQUELINE Wages No Benefits Elections 181557 144 GJERSVIK, CAROL Wages No Benefits Elections 181558 155 GOKE, JANE Wages No Benefits Elections 181559 54 GOLDMAN, KRISTINE Wages No Benefits Elections 181560 72 GORMAN, ROBERTA Wages No Benefits Elections 181561 81 GOTHAM, SAM Wages No Benefits Elections 181562 162 GRAMMANS, SUZANNE Wages No Benefits Elections 181563 90 GRANDE, CARL Wages No Benefits Elections 181564 153 GRUSSING, ARLYN Wages No Benefits Elections 181565 90 HAAG, ERIK Wages No Benefits Elections 181566 90 HAMILTON, CLAIRE Wages No Benefits Elections 181567 90 HANCOCK, CHRISTOPHER Wages No Benefits Elections 181568 90 HANSEN, FEIONA Wages No Benefits Elections 181569 198 HANSEN, KERMIT P Wages No Benefits Elections 181570 144 HANSEN, MATTHEW D Wages No Benefits Elections 181571 95 HANSON, BRYAN Wages No Benefits Elections 181572 104 HANSON, DONALD F Wages No Benefits Elections 181573 90 HANSON, ERIC Wages No Benefits Elections 181574 195 HAWKINS, GLENDA Wages No Benefits Elections 181575 113 HAYEN LINDA Wages No Benefits Elections181575113HAYEN, LINDA Wages No Benefits Elections 181576 90 HECK, JOANNE Wages No Benefits Elections 181577 167 HEDBERG, SUSAN Wages No Benefits Elections 181578 90 HEINRICH, JACQUELINE Wages No Benefits Elections 181579 90 HERMANSON, DAVID Wages No Benefits Elections 181580 90 HERMANSON, KATHERINE Wages No Benefits Elections 181581 300 HIGGINS, ANN Wages No Benefits Elections 181582 72 HIGGINS, ROBERT Wages No Benefits Elections 181583 205 HILK, ROSEMARIE Wages No Benefits Elections 181584 158 HILL, JULAYNE Wages No Benefits Elections 181585 158 HOFFMAN, MIKE Wages No Benefits Elections 181586 399 HOLLINGSWORTH, KAREN Wages No Benefits Elections 181587 171 HOLT, MARY Wages No Benefits Elections 181588 180 HOWE, DENISE Wages No Benefits Elections 181589 74 HUDSPETH-DODD, HELEN Wages No Benefits Elections 181590 90 HUSTAD, ELIZABETH Wages No Benefits Elections 181591 81 HYSJULIEN, MAGGIE Wages No Benefits Elections 181592 176 INDRE, PATTI Wages No Benefits Elections 181593 1,586 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 181594 180 ISBELL, DOUGLAS Wages No Benefits Elections 181595 81 JAMA, SUAD Wages No Benefits Elections 181596 72 JOHNSON, BERIT Wages No Benefits Elections 181597 77 JOHNSON, KATY Wages No Benefits Elections 181598 90 JOHNSON, KYLE Wages No Benefits Elections 181599 95 JOHNSON, MARYBETH Wages No Benefits Elections 181600 72 JOHNSON, TRACY L Wages No Benefits Elections 181601 86 JUSTUS, GORDON Wages No Benefits Elections 181602 77 KALLENBACH, DONALD Wages No Benefits Elections 181603 83 KAMPHOFF, JILL Wages No Benefits Elections 181604 79 KAUTZ, KORY Wages No Benefits Elections 181605 185 KEIBLER, BRANDON Wages No Benefits Elections 181606 313 KEIBLER, TRACY Wages No Benefits Elections 181607 171 KEIVES, CYNTHIA Wages No Benefits Elections,g 181608 167 KENNEALY, COLLEEN Wages No Benefits Elections 181609 86 KINGHORN, KATHLYN Wages No Benefits Elections 181610 185 KISTLE, BARBARA Wages No Benefits Elections 181611 167 KLEVEN, ALVIN Wages No Benefits Elections Check # Amount Vendor / Explanation Account Description Business Unit 181612 81 KLINE, CHRISTOPHER Wages No Benefits Elections 181613 81 KLOTH, DOREEN Wages No Benefits Elections 181614 169 KOERING, LAURIE Wages No Benefits Elections 181615 158 KRATZ, JANET Wages No Benefits Elections 181616 113 KRAUSE, ALVIN H Wages No Benefits Elections 181617 81 KRAUSE, DOLORES Wages No Benefits Elections 181618 90 KRUMM, ZACHARY Wages No Benefits Elections 181619 72 KUBIN, MARIANNE Wages No Benefits Elections 181620 158 KUMPULA, RALPH Wages No Benefits Elections 181621 171 LAFRENZ, JODEEN Wages No Benefits Elections 181622 95 LAMPI, KAREN Wages No Benefits Elections 181623 90 LASLEY, SPENCER Wages No Benefits Elections 181624 95 LAWLESS, RUTH Wages No Benefits Elections 181625 72 LEE, DEBBIE Wages No Benefits Elections 181626 72 LEGLER, HERBERT Wages No Benefits Elections 181627 72 LEGLER, MARILYN Wages No Benefits Elections 181628 90 LHOTKA, LORI Wages No Benefits Elections 181629 215 LINAK, JAMES Wages No Benefits Elections 181630 81 LING, AMANDA Wages No Benefits Elections 181631 90 LITER, ADAM Wages No Benefits Elections 181632 167 LITTLE, NANCY Wages No Benefits Elections 181633 72 LOOMIS, MAJORIE Wages No Benefits Elections 181634 81 LUNDEEN, VERONICA Wages No Benefits Elections 181635 153 MALLO, JOHN E Wages No Benefits Elections 181636 104 MARTINEZ, MEGAN Wages No Benefits Elections 181637 153 MARTINSON, LYDIA Wages No Benefits Elections 181638 54 MATHEWS, ELIZABETH Wages No Benefits Elections 181639 45 MAYDOLE, RUTH Wages No Benefits Elections 181640 195 MCDONALD, ELAINE Wages No Benefits Elections 181641 162 MCDONALD, LESLIE Wages No Benefits Elections 181642 180 MCKLOSKEY JUDY Wages No Benefits Elections181642180MCKLOSKEY, JUDY Wages No Benefits Elections 181643 90 MCMONIGAL, KYLE Wages No Benefits Elections 181644 104 MERRIMAN, FRANCIS Wages No Benefits Elections 181645 72 MERTZ, CYNTHIA Wages No Benefits Elections 181646 90 MEUWISSEN, ANDREW Wages No Benefits Elections 181647 185 MEYERS, WENDY Wages No Benefits Elections 181648 68 MIDDENDORF, LINDA Wages No Benefits Elections 181649 234 MILLBERG, CHUCK Wages No Benefits Elections 181650 210 MILLBERG, KATHLEEN Wages No Benefits Elections 181651 158 MILLER, THERESE Wages No Benefits Elections 181652 27,792 MINNESOTA STATE RETIREMENT SYS Other Deductions General Fund 181653 162 MINTER, DONNA LEE Wages No Benefits Elections 181654 81 MOEN, JOHN Wages No Benefits Elections 181655 158 MONSON, CLARENCE Wages No Benefits Elections 181656 162 MORRISON, MARGARET Wages No Benefits Elections 181657 158 MOSER, ANTHONY Wages No Benefits Elections 181658 72 MOSER, BERNADINE Wages No Benefits Elections 181659 72 MOSS, ANDREW Wages No Benefits Elections 181660 104 MUNSON, LOIS Wages No Benefits Elections 181661 95 MURRAY, MARY SUE Wages No Benefits Elections 181662 81 MUSEGADES, MARGARET Wages No Benefits Elections 181663 72 NELSON, DONALD A Wages No Benefits Elections 181664 86 NELSON, KRISTEN Wages No Benefits Elections 181665 50 NESS, MARY D. Wages No Benefits Elections 181666 190 NIERMAN, MARY Wages No Benefits Elections 181667 220 NIERMAN, PAUL A Wages No Benefits Elections 181668 126 NIPPER, VICTORIA E Wages No Benefits Elections 181669 153 NONDORF, RICHARD A Wages No Benefits Elections 181670 215 NORMAN, KAREN Wages No Benefits Elections 181671 72 NUNES, GEORGETT Wages No Benefits Elections 181672 180 O'LEARY, JOAN Wages No Benefits Elections 181673 158 OLSON, ALAN K Wages No Benefits Elections 181674 90 OLSON, DARREL Wages No Benefits Elections,g 181675 95 OLSON, SALLY Wages No Benefits Elections 181676 90 ORNER, JOSEPH Wages No Benefits Elections 181677 97 OSGOOD, DAVID Wages No Benefits Elections 181678 106 OSGOOD, LISA Wages No Benefits Elections Check # Amount Vendor / Explanation Account Description Business Unit 181679 153 OSTENSON, JACKIE Wages No Benefits Elections 181680 79 OTIS, RUTH Wages No Benefits Elections 181681 77 PARKER, ALLISON Wages No Benefits Elections 181682 72 PATREK, WILLIAM Wages No Benefits Elections 181683 171 PELLOWSKI, MATTHEW Wages No Benefits Elections 181684 72 PELTON, DEAN Wages No Benefits Elections 181685 90 PERSZYK, LYNN Wages No Benefits Elections 181686 185 PETERS, JOHN T Wages No Benefits Elections 181687 155 PETERS, MARY Wages No Benefits Elections 181688 99 PETERSON, GERALDINE J Wages No Benefits Elections 181689 665 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 181690 72 PHILLIPS, LAURA Wages No Benefits Elections 181691 144 POLING, CHERYL Wages No Benefits Elections 181692 81 POLTA, DANIEL Wages No Benefits Elections 181693 77 POULIQUEN, SOPHIE Wages No Benefits Elections 181694 72 PRALLE, KAY Wages No Benefits Elections 181695 97 PRATT, SUSAN L. Wages No Benefits Elections 181696 54 PROOPS, RICHARD Wages No Benefits Elections 181697 401 PROP United Way Withheld General Fund 181698 72 PROVO, JACK Wages No Benefits Elections 181699 90 PYLIPOW, DANIEL Wages No Benefits Elections 181700 90 RAITCH, NORMA Wages No Benefits Elections 181701 90 RAMAN, PRASAD Wages No Benefits Elections 181702 237 RANNOW, JIM Wages No Benefits Elections 181703 203 RISCHMILLER, DAWN Wages No Benefits Elections 181704 167 ROSCHEN, JOHN Wages No Benefits Elections 181705 158 ROSE, KYLE Wages No Benefits Elections 181706 90 RUMMEL, ROSA Wages No Benefits Elections 181707 95 RUSSELL, JESSE Wages No Benefits Elections 181708 104 SCHAFFLER, KAY Wages No Benefits Elections 181709 212 SCHENDEL KAREN Wages No Benefits Elections181709212SCHENDEL, KAREN Wages No Benefits Elections 181710 90 SCHRADER, BETH Wages No Benefits Elections 181711 144 SCHRAEDER, CHERYL Wages No Benefits Elections 181712 72 SCHROEDER, NORA Wages No Benefits Elections 181713 72 SCHRUPP, AGNES Wages No Benefits Elections 181714 72 SCHULTZ, HERBERT Wages No Benefits Elections 181715 162 SCOTT, MARY Wages No Benefits Elections 181716 198 SHOLD, DAVID P Wages No Benefits Elections 181717 173 SLATOR, PATRICK Wages No Benefits Elections 181718 95 SMITH, GLORIA Wages No Benefits Elections 181719 158 STANLEY, KALYN Wages No Benefits Elections 181720 153 STEIN, THOMAS Wages No Benefits Elections 181721 126 STENSWICK, V BRUCE Wages No Benefits Elections 181722 135 STEWART, DOUGLAS Wages No Benefits Elections 181723 90 STEWART, SUSAN Wages No Benefits Elections 181724 158 STONE, TONG Wages No Benefits Elections 181725 153 STRAUSS, SUSAN Wages No Benefits Elections 181726 158 SUNDELL, PAUL Wages No Benefits Elections 181727 158 SUTHERLAND, MORGAN Wages No Benefits Elections 181728 180 SUTHERLAND, TAMMY Wages No Benefits Elections 181729 124 SWANSON, RICHARD A Wages No Benefits Elections 181730 153 SWEARENGIN, BOB Wages No Benefits Elections 181731 72 TAGGATZ, ELEANOR M Wages No Benefits Elections 181732 90 TAN, TERRENCE Wages No Benefits Elections 181733 140 TAYLOR, KERRY Wages No Benefits Elections 181734 195 THIELMAN, LEAANN Wages No Benefits Elections 181735 90 THOMPSON, GERALD Wages No Benefits Elections 181736 95 THOMPSON, JANE Wages No Benefits Elections 181737 126 THOMPSON, NANCY J Wages No Benefits Elections 181738 77 TORNOE, JACQUELINE Wages No Benefits Elections 181739 162 TOSKEY, JULIE Wages No Benefits Elections 181740 195 TRAUGHBER, KRISTIN Wages No Benefits Elections 181741 86 TRUC, JUDITH Wages No Benefits Elections,g 181742 405 UNITED WAY United Way Withheld General Fund 181743 144 USHER, RANDI Wages No Benefits Elections 181744 158 VAN REMORTEL, JO M Wages No Benefits Elections 181745 72 VAVRECK, JUNE Wages No Benefits Elections Check # Amount Vendor / Explanation Account Description Business Unit 181746 165 VICKMAN, KAREN Wages No Benefits Elections 181747 178 VINSON, CHERYL Wages No Benefits Elections 181748 99 VIRNIG, NANCY Wages No Benefits Elections 181749 99 VOGEL, MARY Wages No Benefits Elections 181750 171 VOORHEES, MARK Wages No Benefits Elections 181751 86 WACH, CAROL Wages No Benefits Elections 181752 113 WALKER, LYNN Wages No Benefits Elections 181753 144 WALLACE, LINDA Wages No Benefits Elections 181754 90 WAND, JULIA Wages No Benefits Elections 181755 190 WEAVER, LAUREN Wages No Benefits Elections 181756 171 WEAVER, RICHARD Wages No Benefits Elections 181757 162 WEBBER, CONNIE LEE Wages No Benefits Elections 181758 167 WEILER, MAURICE Wages No Benefits Elections 181759 153 WESTON, MARY Wages No Benefits Elections 181760 158 WILLIAMSON, MAUREEN Wages No Benefits Elections 181761 72 WILSON, JAMES Wages No Benefits Elections 181762 171 WILSON, JOANNE M Wages No Benefits Elections 181763 185 WITTICH, JANE Wages No Benefits Elections 181764 153 WYCKOFF-HARCUS, MARY Wages No Benefits Elections 181765 90 YANG, NING Wages No Benefits Elections 181766 90 ZENG, NINA Wages No Benefits Elections 181767 144 ZIEMER, BARBARA Wages No Benefits Elections 181768 153 ZIMMERLEY, KATHIE Wages No Benefits Elections 181769 90 ZUCK, JESSICA Wages No Benefits Elections 181770 256 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 181771 13,489 A-SCAPE INC Contract Svcs - Lawn Maint City Center Operations 181772 3,530 A-Z RESTAURANT EQUIPMENT COMPA Capital Under $10,000 Capital Impr. / Maint. Fund 181773 75 AAA LAMBERTS LANDSCAPE PRODUCT Repair & Maint. Supplies Water System Maintenance 181774 12,068 ADVANCED ENGINEERING & ENVIRON Design & Engineering Utility Improvement Fund 181775 185 ADVANCED SUPPLY Equipment Repair & Maint Park Maintenance 181776 85 AHERN FIRE PROTECTION Fire Prevention Permits General Fund18177685AHERN FIRE PROTECTION Fire Prevention Permits General Fund 181777 54 ALTERNATIVE BUSINESS FURNITURE Building Capital Impr. / Maint. Fund 181778 352 AMERIPRIDE LINEN & APPAREL SER Clothing & Uniforms Den Road Liquor Store 181779 807 ANCHOR PAPER COMPANY Office Supplies General 181780 149 ANCHOR PRINTING COMPANY Operating Supplies Police 181781 5,773 ASPEN EQUIPMENT CO. Autos Water System Maintenance 181782 15,500 BAKER ASSOCIATES INC Work In Progress Prairie Village Liquor Store 181783 46 BARNES, BELINDA A. Other Contracted Services Volleyball 181784 1,056 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 181785 410 BELAIR EXCAVTING Deposits Escrow 181786 674 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 181787 25,000 BITUMINOUS ROADWAYS Equipment Repair & Maint Water System Maintenance 181788 2 BOLD, PAULINE Operating Supplies Outdoor Center 181789 50 BOLD, PAULINE Instructor Service Outdoor Center 181790 458 BOUND TREE MEDICAL LLC Safety Supplies Fire 181791 5 BOYINGTON, SHIRLEY Program Fee Classes/Programs/Events 181792 553 BRO-TEX INC Equipment Parts Fleet Operating 181793 138 BROADWAY AWARDS Operating Supplies Reserves 181794 5 BRUENING, CHARLOTTE Program Fee Classes/Programs/Events 181795 6,000 BRUNACINI EDUCATIONAL SERVICES Conference Expense Fire 181796 791 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 181797 1,695 BUCK, NATHAN Other Contracted Services Basketball 181798 7,948 CARGILL SALT Salt Snow & Ice Control 181799 41 CDW GOVERNMENT INC. Other Hardware IT Operating 181800 155 CEMSTONE PRODUCTS COMPANY Operating Supplies Street Maintenance 181801 812 CENTERPOINT ENERGY Gas Water Wells 181802 3,450 CLOSED CIRCUIT SPECIALISTS INC Contract Svcs - Security Historical Buildings 181803 2,006 COLOR PRINTING Printing Police 181804 47 COMCAST Dues & Subscriptions City Council 181805 1,820 CORPORATE EXPRESS Office Supplies Police 181806 69 CRIPE, JACQUELYN V Other Contracted Services Volleyball 181807 739 CUSTOM HEADSETS INC Capital Under $10,000 E-911 Program 181808 5,515 DECORATIVE DESIGNS INC Contract Svcs - Int. LandscapeCity Hall - CAM,p y 181809 130 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 181810 10,810 DIAMOND K CONSTRUCTION INC Other Contracted Services Rehab 181811 5 DOVER, RUTH Program Fee Classes/Programs/Events 181812 256 EAGLE WINE COMPANY Liq Inventory Credits Prairie View Liquor Store Check # Amount Vendor / Explanation Account Description Business Unit 181813 464 EDEN PRAIRIE NOON ROTARY CLUB Dues & Subscriptions Community Development Admin. 181814 2,354 EPA AUDIO VISUAL INC Other Hardware Capital Impr. / Maint. Fund 181815 1,200 EVERETT LAW LLC Tuition Reimbursement/School Police 181816 23 FASTENAL COMPANY Equipment Parts Water Treatment Plant 181817 414 FINLEY BROS INC Other Contracted Services Park Maintenance 181818 271 FISHER SCIENTIFIC Laboratory Chemicals Water Treatment Plant 181819 558 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 181820 194 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 181821 10 FORCE AMERICA Operating Supplies Street Maintenance 181822 1,483 G & K SERVICES Clothing & Uniforms Utility Operations - General 181823 95 G & K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations - General 181824 269 G & L INVESTMENTS LLC Deposits Escrow 181825 48 GOODIN COMPANY Equipment Parts Water Treatment Plant 181826 62 GRAINGER Small Tools Water Treatment Plant 181827 711 GREATAMERICA LEASING CORP. Postage General 181828 21,599 GREGERSON ROSOW JOHNSON & NILA Legal Legal Criminal Prosecution 181829 181 GRIGGS COOPER & CO Transportation Den Road Liquor Store 181830 125 HACH COMPANY Operating Supplies Park Maintenance 181831 69 HEDLUND, DEBORAH AR Utility Water Enterprise Fund 181832 184 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 181833 390 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 181834 4,472 HIGHWAY TECHNOLOGIES INC Contracted Striping Street Maintenance 181835 1,613 HOHENSTEINS INC Beer Den Road Liquor Store 181836 500 INNOVATIVE GRAPHICS Operating Supplies Police 181837 364 INSTY-PRINTS Printing Police 181838 181 INTOXIMETERS Operating Supplies Police 181839 13 ITS A KEEPER Awards Internal Events 181840 555 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 181841 548 KEEPERS Clothing & Uniforms Police 181842 1,091 KENNAMETAL INC Small Tools Fleet Operating 181843 593 KEVITT EXCAVATING INC Deposits Escrow181843593KEVITT EXCAVATING INC Deposits Escrow 181844 61 KSHATRIYA, RAJDEEP Memberships Community Center Admin 181845 80 LANDS END CORPORATE SALES Clothing & Uniforms Police 181846 200 LANO EQUIPMENT INC Equipment Parts Fleet Operating 181847 267 LARSON, ALLEN R. Mileage & Parking Police 181848 8,506 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 181849 3,438 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 181850 10 MAGC Conference Expense Communications 181851 1,813 MARK VII Beer Den Road Liquor Store 181852 35 MASTER SPRINKLER SYSTEMS Other Rentals Park Maintenance 181853 3,982 MATERIALS EVALUATION AND ENGIN Building Repair & Maint. Utility Improvement Fund 181854 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 181855 215 MENARDS Operating Supplies Police 181856 3,787 METRO SALES INCORPORATED* Other Rentals General 181857 99,980 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails 181858 159 MIDWEST MAINTENANCE & MECHANIC Mechanical Permits General Fund 181859 500 MILLE LACS COUNTY SHERIFF'S DE Deposits Escrow 181860 1,244 MINNESOTA HIGHWAY SAFETY & RES Tuition Reimbursement/School Police 181861 1,050 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 181862 116 MINNESOTA TROPHIES & GIFTS Operating Supplies Police 181863 176 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 181864 80 MORROW, JAMES Miscellaneous CIP - Bonds 181865 746 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 181866 36 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 181867 592 ONE WAY BLDG SERVICES Deposits Escrow 181868 650 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 181869 526 PEMTON LAND Deposits Escrow 181870 500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 181871 314 POMP'S TIRE SERVICE INC Tires Fleet Operating 181872 535 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police City Center 181873 300 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 181874 108 RAY, LEE Other Contracted Services Basketball 181875 123 RESOURCE RECOVERY TECHNOLOGIES Waste Disposal Park Maintenancep 181876 211 RIDGEVIEW MEDICAL CENTER Employment Support Test Organizational Services 181877 40 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Operating 181878 2,733 SAFETY-KLEEN Other Contracted Services Water Treatment Plant 181879 655 SCHARBER & SONS Tires Fleet Operating Check # Amount Vendor / Explanation Account Description Business Unit 181880 350 SCHUELKE, THOMAS Parking Permits Community Center Admin 181881 230 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 181882 49 SHAMROCK GROUP, INC - ACE ICE Misc Non-Taxable Den Road Liquor Store 181883 9,802 SHORT ELLIOTT HENDRICKSON INC Process Control Services Infiltration/Inflow Study 181884 138 SIERRA CORPORATION Equipment Parts Fleet Operating 181885 575 SIRCHIE FINGER PRINT LABORATOR Building Capital Impr. / Maint. Fund 181886 57 SNAP-ON TOOLS Small Tools Fleet Operating 181887 2,622 SPRINT Wireless Subscription IT Operating 181888 205 SPS COMPANIES Equipment Parts Water Treatment Plant 181889 369 STAAF, CARTER Tuition Reimbursement/School Police 181890 20 STATE OF MINNESOTA Operating Supplies DWI Forfeiture 181891 1,433 STATE SUPPLY COMPANY Supplies - Plumbing Park Shelters 181892 310 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 181893 93 STRAND MANUFACTURING CO INC Equipment Repair & Maint Water Treatment Plant 181894 32,342 STREICHERS Clothing & Uniforms Police 181895 67 STRONER, ELIZABETH Operating Supplies Senior Center Operations 181896 9 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 181897 6 TERPSTRA, JIM Program Fee Outdoor Center 181898 76 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance 181899 90 THIELMAN, MARC Mileage & Parking General Facilities 181900 13 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 181901 373 TKDA Design & Engineering Utility Improvement Fund 181902 231 UNIFORMS UNLIMITED Clothing & Uniforms Police 181903 87 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 181904 157 VALLEY NAT'L GASES-LOC 93 Repair & Maint. Supplies Sewer System Maintenance 181905 2,102 VAN PAPER COMPANY Operating Supplies City Hall - CAM 181906 975 VINOCOPIA Transportation Den Road Liquor Store 181907 325 VTI Building Repair & Maint. Den Road Liquor Store 181908 195 WALL TRENDS INC Contract Svcs - General Bldg City Hall - CAM 181909 146 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 181910 45 WEBER ANNETTE Program Fee Leisure Education18191045WEBER, ANNETTE Program Fee Leisure Education 181911 37 WINE MERCHANTS INC Wine Domestic Prairie Village Liquor Store 181912 230 WONDERWEAVERS Other Contracted Services Cummins House Special Events 181913 686 WORK CONNECTION, THE Other Contracted Services Park Maintenance 181914 20,805 XCEL ENERGY Electric Arts Center 181915 1,021 XCEL ENERGY Reimbursement Police 181916 60 COMCAST General 494 Corridor Commission 181917 6 CULLIGAN BOTTLED WATER General 494 Corridor Commission 181918 1,306 EXPRESS PERSONNEL SERVICES General 494 Corridor Commission 181919 928 FEDEX KINKO'S OFFICE AND PRINT General 494 Corridor Commission 181920 575 INDEPENDENT SCHOOL DISTRICT NO General 494 Corridor Commission 181921 20 INTERNET EXPOSURE INC General 494 Corridor Commission 181922 145 MADISON, MELISSA General 494 Corridor Commission 181923 144 MEREDITH KATE General 494 Corridor Commission 181924 1,500 MESSERLI & KRAMER General 494 Corridor Commission 181925 16,907 MINNEAPOLIS DOWNTOWN COUNCIL General 494 Corridor Commission 181926 71 NELSON, ROBIN General 494 Corridor Commission 181927 190 RICHFIELD CHAMBER OF COMMERCE General 494 Corridor Commission 181928 2,204 SOLUTION BUILDERS General 494 Corridor Commission 181929 25 SOUTHWEST TRANSIT General 494 Corridor Commission 181930 92 VERIZON WIRELESS General 494 Corridor Commission 181931 5 WELLS FARGO BANK General 494 Corridor Commission 181932 609 WELLS FARGO BANK General 494 Corridor Commission 5,421,586 Grand Total US Bank Purchasing Cards 11/20/2008 Check # Amount Supplier / Explanation Vendor Account Description Business Unit 3234 147 US-Council Workshop Food 1 OR 101 SANDWICHES Miscellaneous City Council -53 1BAGATATIME.COM Sales Tax Payable Recycle Rebate 873 US-Bags-City Open House 1BAGATATIME.COM Operating Supplies Recycle Rebate 74 US-Chaps for Tree Cutting A TO Z RENTAL CENTER Safety Supplies Park Maintenance 56 US-Oil for Chain Saw A TO Z RENTAL CENTER Operating Supplies Park Maintenance 285 US-Theater Program Fee ACTORS THEATER OF MINNESOTA Program Fee Classes/Programs/Events 279 US-DustCollector TimerBrd ALLIED ELECTRONICS INC Equipment Parts Water Treatment Plant 240 US-MnAPA Dues-R.Herron AMERICAN PLANNING ASSOCIATION Dues & Subscriptions Planning 27 US-Food-AWWA Conf. ANGIE'S CANTINA Travel Expense Utility Operations - General 21 US-Dinner-MN AWWA ANGIE'S CANTINA Travel Expense Utility Operations - General 199 US-Dispatch Class-Meade APCO INSTITUTE Tuition Reimbursement/School Police 326 US-GFOA Conf-T. Wilson ARROWHEAD RESORT & CONFERENCE Conference Expense Finance 326 US-GFOA Conf-Kotchevar ARROWHEAD RESORT & CONFERENCE Conference Expense Finance -74 AV NOW, INC Sales Tax Payable Capital Impr. / Maint. Fund 1,209 US-Portable Sound System AV NOW, INC Software Capital Impr. / Maint. Fund 196 US-Rental Car-NLC Summit AVIS Travel Expense City Council 570 US-AWWA Conf-$90 Over AWWA - MINNESOTA SECTION Conference Expense Utility Operations - General 45 US-DinnerAWWA-Speaker AWWA - MINNESOTA SECTION Conference Expense Utility Operations - General -16 AZEOTEK.COM Sales Tax Payable General Fund 261 US-Gun Parts & Supplies AZEOTEK.COM Training Supplies Police 93 US-Reimb,Funeral-Flowers BACHMANS CREDIT DEPT Operating Supplies Police 93 US-Reimb.Funeral Flowers BACHMANS CREDIT DEPT Operating Supplies Police 63 US-Books for LEEP-Jill Eck BARNES & NOBLE Training Supplies Organizational Services 46 US-7-HabitsTrainBooks-Eck BARNES & NOBLE Training Supplies Organizational Services 16 US-3 US NewsWorldReport BARNES & NOBLE Miscellaneous Communications -19 BASS PRO SHOPS Sales Tax Payable Water Enterprise Fund 313 US-LifeJackets-Basin P.M. BASS PRO SHOPS Safety Supplies Utility Operations - General -23 BERKEY SUPPLY Sales Tax Payable General Fund 381 US-Root Barrier-VET Mem. BERKEY SUPPLY Chemicals Park Maintenance 712 US-Digital Camera-TV/DVD BEST BUY Computers Water Treatment Plant 471 US-Digital DVD Recorder BEST BUY Computers Utility Operations - General 24 US-Food-NLC Summit BETTE'SPLACE Travel Expense City Council24US-Food-NLC Summit BETTES PLACE Travel Expense City Council 46 US-Mtg-Lothammer/Desai BIAGGI'S RISTORANTE ITALIANO Miscellaneous City Manager -2 BODY BAR SYSTEMS, INC Sales Tax Payable General Fund 30 US-Training DVD BODY BAR SYSTEMS, INC Training Supplies Fitness Classes 181 US-J.Carlson-MAAO Conf. BREEZY POINT RESORT Travel Expense Assessing 224 US-S.Sinell-MAAO Conf. BREEZY POINT RESORT Travel Expense Assessing 224 US-J.Sams-MAAO Conf. BREEZY POINT RESORT Travel Expense Assessing 181 US-D.Buswell MAAOConf. BREEZY POINT RESORT Travel Expense Assessing 293 US-Food-Police/Fire/IT BUCA Miscellaneous CIP - Bonds 12 US-Fuel - Site Visit BUDGET Other Assets CIP - Bonds 285 US-Basin Project Vests CABELA'S MKTG & BRAND MGT INC Safety Supplies Utility Operations - General -93 CABELA'S MKTG & BRAND MGT INC Sales Tax Payable Water Enterprise Fund 1,531 US-Boats for Basin P.M. CABELA'S MKTG & BRAND MGT INC Operating Supplies Utility Operations - General -2 CABLE TIES PLUS, INC Sales Tax Payable General Fund 34 US-Cable Ties CABLE TIES PLUS, INC Training Supplies Fire -321 US-Cancelled Airfare CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 471 US-Flight-C.Staff-LE Train. CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 471 US-Flight-T.Luke-LE Train. CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 20 US-Airline Service Fee CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 100 US-5 Airline Service Fees CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 340 US-On-Site Visit-j.Morrow CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 340 US-On-Site Visit-W.Wyffels CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 340 US-On-Site Visit-J.Good CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 340 US-On-Site Visit-T.Lowery CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 340 US-On-Site Visit-J.Biggar CARLSON WAGONLIT TRAVEL Tuition Reimbursement/School Police 341 US-Membership Cards CDW HEALTHCARE Operating Supplies Community Center Admin -90 US-Credit-Membersh.Cards CDW HEALTHCARE Operating Supplies Community Center Admin 406 US-Food for Café CLOVER SUPER FOODS Merchandise for Resale Concessions -3 CLOVER SUPER FOODS Sales Tax Payable General Fund 53 US-Soup cooker for Café CLOVER SUPER FOODS Operating Supplies Concessions 207 US-Hotel-AWWA-R.Wahlen COMFORT INN Travel Expense Utility Operations - General 207 US-Hotel-AWWA-J.Carlon COMFORT INN Travel Expense Utility Operations - General 63 US-MRPA Conference CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 251 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration Check # Amount Supplier / Explanation Vendor Account Description Business Unit 63 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 63 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 126 US-MRPA Conf/Lodging-7 CRAGUNS Travel Expense Parks Administration 63 US-MRPA ConferenceLodg CRAGUNS Travel Expense Parks Administration 53 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 51 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 53 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 47 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 51 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 51 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 51 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 51 US-Food for Café CRUMB GOURMET DELI Merchandise for Resale Concessions 19 US-Treats for EP On Track CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 10 US-Treats for EP On Track CUB FOODS EDEN PRAIRIE Training Supplies Organizational Services 4 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 106 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 98 US-Food for Café CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 9 US-Sunbonnet days Suppl. CUB FOODS EDEN PRAIRIE Operating Supplies Sunbonnet Days 48 US-Sunbonnet days Suppl. CUB FOODS EDEN PRAIRIE Operating Supplies Sunbonnet Days 2 US-Sunbonnet days Suppl. CUB FOODS EDEN PRAIRIE Operating Supplies Sunbonnet Days 265 US-Food-Police/Fire/IT D BRIAN'S DELI & CATERING Miscellaneous CIP - Bonds 63 US-Food-Officer Interviews DAVANNI'S PIZZA Training Supplies Organizational Services 130 US-Boiler License Registra. DEPARTMENT OF LABOR AND INDUST Licenses & Taxes Water Treatment Plant 4,799 US-Aug '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 852 US-Aug '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 171 US-Aug '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -116 US-Aug '08 Bldg Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund 700 US-Train-Horgan/Comeans DYMAX SERVICE INC Tuition Reimbursement/School Utility Operations - General 75 US-Fuel for Crane Trip DYNOSTOP Operating Supplies Outdoor Center -13 EDDIE BAUER Sales Tax Payable General Fund 211 US-Boots for Bad Weather EDDIE BAUER Clothing & Uniforms Communications 25 US-General Member Lunch EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development 25 US-Chamber Event EDEN PRAIRIE CHAMBER OF COMMER Other Contracted Services Economic Development 3 US-Popcorn-Senior Center EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Classes/Programs/Events 58 US-Socks for Resale/Suppl. EDEN PRAIRIE COMMUNITY CENTER Operating Supplies Community Center Admin -6 EDGE SPECIALTIES INC Sales Tax Payable General Fund-6 EDGE SPECIALTIES, INC Sales Tax Payable General Fund 92 US-Skate Sharpener EDGE SPECIALTIES, INC Operating Supplies Ice Arena -20 EVERESTGEAR.COM Sales Tax Payable General Fund 332 US-Alum&FireBrigadeSupp. EVERESTGEAR.COM Training Supplies Fire 96 US-Office Supply Printing FEDEX KINKO'S OFFICE AND PRINT Printing Planning 15 US-7-HabitsTrain CD-J. Eck FEDEX KINKO'S OFFICE AND PRINT Training Supplies Organizational Services 283 US-ULI Mtg-UrbanLandExpo FONTAINBLEAU RESORT Conference Expense Economic Development 34 US-Conference Charge FONTAINBLEAU RESORT Conference Expense Economic Development 18 US-2009 Planner FRANKLIN COVEY Operating Supplies Youth Programs Administration -2 FRANKLIN COVEY Sales Tax Payable General Fund 40 US-2009 Planner FRANKLIN COVEY Operating Supplies Youth Programs Administration -18 US-2009 WrongSizePlanner FRANKLIN COVEY Operating Supplies Youth Programs Administration -76 FRIDGEDOOR Sales Tax Payable General Fund 1,248 US-Refrigerator Magnets FRIDGEDOOR Printing Communications -7 FRONTGATE Sales Tax Payable General Fund 121 US-Body Fat Monitor FRONTGATE Operating Supplies Fitness Center 120 US-IMAX Theatre Prog.Fee GAVIN, LISA Program Fee Classes/Programs/Events 85 US-Capit.Asset Class-Caliri GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 35 US-Class Reg-Kotechevar GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance 601 US-IAAO Annual Confer. GRAND SIERRA RESORT CASINO Travel Expense Assessing 185 US-M-Step EmergencyTrain. HENNEPIN TECHNICAL COLLEGE Conference Expense Fire 308 US-Hotel-Site Visit-Lowery HILTON HOTELS Other Assets CIP - Bonds 308 US-Hotel-Site Visit-Morrow HILTON HOTELS Other Assets CIP - Bonds 308 US-Hotel-Site Visit-Wyffels HILTON HOTELS Other Assets CIP - Bonds 308 US-Hotel Site Visit-M.Hutter HILTON HOTELS Other Assets CIP - Bonds 308 US-Hotel Site Visit-Lisa Wu HILTON HOTELS Other Assets CIP - Bonds 40 US-Fuel-AWWA Conf Trip HINCKLEY LITTLE STORE Motor Fuels Utility Operations - General 804 US-MnAPA Confer.Hotel HOLIDAY INN Conference Expense Planning 14 US-Ice Cubes-GOTR Event HOLIDAY STATION STORES INC Operating Supplies Girls on the Run 18 US-Ice Cubes-GOTR Event HOLIDAY STATION STORES INC Operating Supplies Girls on the Run 79 US-Caulk Gun & Glue HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Storm Drainage 32 US-#74 Restoration HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Water System Maintenance 23 US-Food-NLC Summit HOULIHANS Travel Expense City Council 178 US-J.Lorenz-3CMA Conf. HYATT HOTELS Travel Expense Communications 60 US-Crane Trip Tickets INTERNATIONAL CRANE FOUNDATION Operating Supplies Outdoor Center -82 JONES AND BARTLETT PUBLISHERS Sales Tax Payable General Fund 1,347 US-Books for New Recruits JONES AND BARTLETT PUBLISHERS Training Supplies Fire 107 US-Ship.Repair-Silo Lever KC SUPPLY Postage Utility Operations - General 100 US-Program Deposit LAW ADVISORY GROUP INC. Program Fee Classes/Programs/Events 249 US-Food-Police/Fire/IT LEEANN CHIN Miscellaneous CIP - Bonds 16 US-Adv.Mgmt Train.Lunch LORD FLETCHERS Conference Expense Community Development Admin. 329 US-IRS Training-V.Rudolph LORMAN EDUCATION SERVICES Conference Expense Finance 554 US-Hotel/Park. IABC Conf MARRIOTT HOTELS Travel Expense Communications Check # Amount Supplier / Explanation Vendor Account Description Business Unit 465 US-Hotel-IABC Conference MARRIOTT HOTELS Travel Expense Communications 8 US-Personal-Reimbursed MCDONALDS Miscellaneous Community Center Admin 22 US-Oven & Grill Cleaners MENARDS Equipment Parts Fleet Operating 28 US-Fall Sr Ctr Decorations MENARDS Operating Supplies Classes/Programs/Events 8 US-Riley Park Supplies MENARDS Building Repair & Maint. Park Maintenance 45 US-Batteries & Surge Strips MENARDS Repair & Maint. Supplies Water System Maintenance 40 US-Election Supplies MENARDS Operating Supplies Street Maintenance 47 US-Salt Brine Supplies MENARDS Building Materials Street Maintenance 23 US-Sign-DunnBrothersCafe MENARDS Building Materials Street Maintenance 45 US-Trailer Supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance 31 US-Irrigation Supplies MENARDS Operating Supplies Park Maintenance 13 US-Irrigation Supplies MENARDS Repair & Maint. Supplies Park Maintenance 31 US-Irrigation Supplies MENARDS Repair & Maint. Supplies Park Maintenance 5 US-Shop Supplies MENARDS Repair & Maint. Supplies Sewer System Maintenance 12 US-Purgat.InsecticideSpray MENARDS Chemicals Park Maintenance 8 US-#74 Restoration MENARDS Repair & Maint. Supplies Water System Maintenance -125 US-Cancelled ULI Program MIAMI BEACH CONVENTION CENTER Conference Expense Economic Development 35 US-Framing-Training Room MICHAELS - THE ARTS & CRAFTS S Operating Supplies Police 65 US-Birthday Party Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Birthday Parties 32 US-Play Care Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Day Care 311 US-Food-Police/Fire/IT MILIO'S SANDWICHES Miscellaneous CIP - Bonds 52 US-Photography Class MINNEAPOLIS COMMUNITY EDUCATIO Travel Expense Communications 96 US-IAAO Airport Parking MSP AIRPORT Travel Expense Assessing 2 US-Spark Plug NAPA AUTO PARTS Equipment Repair & Maint Park Maintenance 398 US-Wkshop-KathyH-Vickie NATIONAL SEMINARS TRAINING Conference Expense Finance 500 US-MayorYoung-NLC Sum. NLC REGISTRATION AND HOUSING C Travel Expense City Council 48 US-Trailer Jack NORTHERN TOOL & EQUIPMENT Equipment Parts Sewer System Maintenance 15 US-Luggage Check-IABC NORTHWEST AIRLINES Travel Expense Communications 15 US-Luggage Check-IABC NORTHWEST AIRLINES Travel Expense Communications 15 US-Luggage Charge NORTHWEST AIRLINES Travel Expense City Council 15 US-Luggage Charge NORTHWEST AIRLINES Travel Expense City Council 395 US-Meeting Room Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 112 US-Office Supplies-EPCC OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 55 US-Skate Rental Pouches OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 67 US-OpenHouse ProjectBrds OFFICEMAX CREDIT PLAN Operating Supplies Internal Events 214 US-Laminator-Front Desk OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin214US-Laminator-Front Desk OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 22 US-Henn.Govern.Ctr Mtg. OPUS NORTHWEST LLC Mileage & Parking Assessing 71 US-Service Fees ORBITZ Other Assets CIP - Bonds -5 ORIENTAL TRADING Sales Tax Payable General Fund 84 US-MEA Trip Supplies ORIENTAL TRADING Operating Supplies Special Events & Trips -12 ORIENTAL TRADING COMPANY INC Sales Tax Payable General Fund 202 US-Birthday Party Supplies ORIENTAL TRADING COMPANY INC Operating Supplies Birthday Parties 53 US-Horned owl Puppet OWLSTUFF.COM Operating Supplies Outdoor Center 23 US-Food-NLC Summit PANDA PANDA CHINESE Travel Expense City Council 62 US-Food - RMS Project PANERA BREAD Miscellaneous CIP - Bonds 62 US-Food - RMS Project PANERA BREAD Miscellaneous CIP - Bonds 47 US-Food - RMS Project PANERA BREAD Miscellaneous CIP - Bonds 47 US-Food - RMS Project PANERA BREAD Miscellaneous CIP - Bonds 16 US-Art Center Supplies PARTY CITY Operating Supplies Arts Center 26 US-Food-NLC Summit PASTINI Travel Expense City Council 630 US-3CMA Conf.Registration PAYPAL INC Conference Expense Communications 54 US-E-permit Web Security PAYPAL INC Software Maintenance IT Operating -9 PLIMUS.COM Sales Tax Payable IT Operating 144 US-Tool for IT to View PST PLIMUS.COM Software IT Operating -67 POSITIVE PROMOTIONS Sales Tax Payable General Fund 1,093 US-Health Fair Lunch Bags POSITIVE PROMOTIONS Awards Organizational Services -19 POWER MUSIC INC Sales Tax Payable General Fund 318 US-Music for Classes POWER MUSIC INC Operating Supplies Fitness Classes 671 US-Steps for Fitness Ctr. POWER SYSTEMS Equipment Repair & Maint Fitness Center 75 US-Body Fat Analyzer POWER SYSTEMS Repair & Maint. Supplies Fitness Center 565 US-Transp/Land Use Conf. RAIL-VOLUTION.COM Conference Expense Community Development Admin. 14 US-Sunbonnet days Suppl. RAINBOW FOODS INC. Operating Supplies Sunbonnet Days 20 US-Mtg Lunch - J.Jeremiah RED MOON CHINESE CAFE Miscellaneous City Manager 1 US-Movie Payment REDBOX DVD Program Fee Classes/Programs/Events 34 US-Food-NLC Summit RESORT AT THE MOUNTAIN Travel Expense City Council 718 US-Hotel-NLC Summit RESORT AT THE MOUNTAIN Travel Expense City Council -7 RIEDELL SHOES, INC Sales Tax Payable General Fund 121 US-Skate Rental Sizing Mat RIEDELL SHOES, INC Operating Supplies Ice Arena 40 US-CPS Cerif.-RyanGulden SAFE KIDS WORLDWIDE Operating Supplies Police 22 US-GOTR Cones SPORTS AUTHORITY Operating Supplies Girls on the Run 50 US-Gift-Sick-AdvisoryMemb. SUPER AMERICA Memorials Senior Board 9 US-Human Rights Mtg Food TARGET Miscellaneous Housing and Community Service 29 US-Book for LEEP-Jill Eck TARGET Training Supplies Organizational Services 47 US-LEEP Supplies-Jill Eck TARGET Training Supplies Organizational Services 100 US-Items for Café-EPCC TARGET Operating Supplies Concessions 91 US-Poster Frames TARGET Operating Supplies Recreation Administration 38 US-Birthday Party Supplies TARGET Operating Supplies Birthday Parties 6 US-Play Care Supplies TARGET Operating Supplies Day Care Check # Amount Supplier / Explanation Vendor Account Description Business Unit 28 US-Food for Concessions TARGET Merchandise for Resale Concessions 6 US-General TARGET Operating Supplies Gymnasium (CC) 81 US-Crane Trip Supplies TARGET Operating Supplies Outdoor Center 25 US-Movie & Program Paper TARGET Operating Supplies Youth Programs Administration 66 US-SpecialEvent-Batteries TARGET Operating Supplies Special Events Administration 5 US-Office Supplies TARGET Operating Supplies Therapeutic Rec Administration 15 US-Lesson Supplies TARGET Recreation Supplies Pool Lessons 51 US-Food-Chiefs' Meeting TGI FRIDAYS Operating Supplies Fire 10 US-Train.Certif.-B.Carlston THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 10 US-Train.Certif.-Henderson THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 320 US-On-Site Visit-S.Boyer THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 299 US-On-Site Visit-Lisa Vik THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 341 US-On-Site Visit-S.Mitchell THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 514 US-On-Site Visit-J.Bergstrom THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 493 US-On-Site Visit-R.Selness THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 493 US-On-Site Visit-J.Bahr THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police 20 US-Airline Service Fee THE BACKUP TRAINING CORP Tuition Reimbursement/School Police -2 THEXTON Sales Tax Payable Water Enterprise Fund 29 US-Bulb Tweezers THEXTON Computers Water Treatment Plant -1 THEXTON Sales Tax Payable Water Enterprise Fund 18 US-Bulb Tweezers THEXTON Computers Water Treatment Plant -49 US-Cancelled Flight Camp THINKRC.COM Operating Supplies Outdoor Center 140 US-Car Rental-IABC Conf THRIFTY CAR RENTAL Travel Expense Communications 9 US-Blog TIGER TECHNOLOGIES Software IT Operating 25 US-Fuel for Crane Trip TRAVEL CENTERS Operating Supplies Outdoor Center 7 US-Airline Service Fee TRAVELOCITY.COM Travel Expense Communications 551 US-Flight to 3CMA Conf. TRAVELOCITY.COM Travel Expense Communications -20 TRIARCO Sales Tax Payable General Fund 333 US-Art Center Supplies TRIARCO Operating Supplies Arts Center 14 US-Open House Basket TURNSTYLE Operating Supplies Recreation Administration 10 US-Fuel - Site Visit UNION 76 Other Assets CIP - Bonds10US-Fuel - Site Visit UNION 76 Other Assets CIP - Bonds 340 US-Site Visit-Wu & Hutter US AIRWAYS Other Assets CIP - Bonds 340 US-Site Visit-Wu & Hutter US AIRWAYS Other Assets CIP - Bonds 15 US-Excess Baggage US AIRWAYS Other Assets CIP - Bonds 15 US-Excess Baggage US AIRWAYS Other Assets CIP - Bonds 294 US-Fuses-Lift Station Panel VIKING ELECTRIC SUPPLY Equipment Parts Sewer Liftstation 12 US-Senior Ctr Supplies WALGREEN'S #5080 Operating Supplies Classes/Programs/Events 5 US-Art Center Supplies WALMART COMMUNITY Operating Supplies Arts Center 48 US-Golf Balls WALMART COMMUNITY Operating Supplies Summer Skill Development 31 US-Sunbonnet days Suppl. WALMART COMMUNITY Operating Supplies Sunbonnet Days 212 US-GOTR Snacks WALMART COMMUNITY Operating Supplies Girls on the Run -55 US-Returned GOTR Suppl. WALMART COMMUNITY Operating Supplies Girls on the Run 26 US-Playcare Supplies WALMART COMMUNITY Operating Supplies Day Care 24 US-Food-NLC Summit ZIG ZAG Travel Expense City Council 34 US-Personal-Reimbursed Travel Expense Communications 30 US-Luxury Accomodations Travel Expense City Council -30 US-LuxuryAccom.Reversed Travel Expense City Council -120 US-Fraud Charge Credit Deposits Escrow 120 US-Fraud Charge Deposits Escrow -120 US-Fraud Charge Credit Deposits Escrow -120 US-Fraud Charge Credit Deposits Escrow 100 US-Fraud Charge Deposits Escrow -100 US-Fraud Charge Credit Deposits Escrow -100 US-Fraud Charge Credit Deposits Escrow 29 US-Reimbursed Person.Use Motor Fuels Sewer System Maintenance 7 US-Personal-Reimbursed Operating Supplies Fleet Operating 11 US-Personal-Reimbursed Other Assets CIP - Bonds 45,582 Grand Total CITY COUNCIL AGENDA SECTION: Reports of Officers DATE: December 16, 2008 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Resolution Certifying the 2009 Property Tax Levy, Adopting the 2009 Budget, and Consenting and Approving the 2009 HRA tax levy. ITEM NO.: XIV.B.3. Requested Action Move to: • Adopt a resolution certifying the 2009 Property Tax levy to be $33,113,185; • Approve the 2009 Budget of $42,611,155 as reviewed by the Council • Consent and approve the HRA tax levy and budget of $200,000. Synopsis On September 2, 2008, the Eden Prairie City Council adopted a resolution certifying the proposed 2009 City budget and property tax levy. Calculations for the City showed the budget to be $42,611,155 and the certified levy to be $33,113,185 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($1,616,764) is $31,496,421. The 2009 budget maintains City services with a budget increase of 4.2% in the general fund and a total budget increase of 4.8% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 3.4% or $1,030,539. This is an increase of $27.00 or 2.5% on median value home of $369,400. According to state statute, the final levy amount must be certified to the county auditor by December 29, 2008. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008- A RESOLUTION CERTIFYING THE 2009 TAX LEVY AND ADOPTING THE 2009 BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2009 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund $29,185,597 Capital Improvements 467,864 Bonds and Interest 2000A Public Facility Bonds 345,000 2004B Equipment Certificates 260,000 2005A Special Assessment Bond 109,000 2006B Building Bond 375,000 2006C Equipment Certificates 255,000 2008A Equipment Certificates 394,000 Net tax capacity levy for certification $31,391,461 Less Fiscal Disparities distribution 1,616,764 Net tax collectible $29,774,697 Taxes to be levied against market value 2003A Refunding Park Bonds $ 435,000 2003C Refunding Open Space Bonds 210,000 2005C Park Bonds 249,975 2006A Park Bonds 826,749 Market value tax levy for certification $ 1,721,724 Total net tax collectible $31,496,421 Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 1). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2009 Budget totaling $42,611,155. BE IT FURTHER RESOLVED that the council consents and approves the 2009 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 16th day of December, 2008. _____________________________ Phil Young, Mayor ATTEST: _____________________________ Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2008, COLLECTED YEAR 2009 EXHIBIT 1 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2007/2008 2007/2008 G.O. Public Facility Revenue Bonds 2000A 12/01/00 $3,390,000 $342,825 $345,000 G.O. Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $200,000 $210,000 G.O. Refunding Park Bonds 2003A 02/19/03 $3,185,000 $447,024 $435,000 G.O. Equipment Certificates 2004B 12/29/04 $1,137,000 $258,774 $260,000 G.O. Special Assessment Bonds 2005A 07/01/05 $2,390,000 $111,405 $109,000 G.O. Park Bonds 2005C 12/02/05 $4,920,000 $249,975 $249,975 G.O. Park Bonds 2006A 01/01/06 $8,425,000 $831,403 $826,749 G.O. Building Bonds 2006B 07/01/06 $4,290,000 $374,763 $375,000 G.O. Equipment Bonds 2006C 09/01/06 $1,080,000 $262,526 $255,000 G.O. Equiptment Bonds 2008A 10/01/08 $3,120,000 $394,000 $394,000 GRAND TOTAL 3,472,695$ $3,459,724 PAGE1 r,worivul r-clu 12-09-2008 23:00 CAROLE DUCKSTAD 952-903-0274 mou ro- CITY COMMIL AGENDA DATE SECTION; Report of council member JOn DuOkstad DocembeT 16, 2008 DEPARTME2T/DP/15'0M =NM WASCRIPTION: ITEM NO: Council member AM ENDE D Requasted Action Move to freeze the 2009 tax levy at the 2008 tax levy amount or 1e. euch that no Eden Prairie taxes will increase in 2009 and cut the 2009 proposed total budget by up to $2 million; provided further that the proposed 2009 total budget cuts exceed $1 million and approach the amount of 02 million. 2000 total budget 2009 proposed total budget Synopsis Due to the downturn in the economy, it is necessary to significantly reduce taxes. Background The 2008-2009 budget' were adopted in December of 2007. Since that time, the eConomy hag substantially worsened and our nation is in a recession. The problems with the economy include: (1) a depressed real estate market; (2) a serious contraction of our financial and credit markets; (3) 4 mem-love stock market decline; (4) rising unemployment, and (5) declining business growth. We have an obligation to hold the line on property taxes and provide our Eden prairie taxpayers with needed relief from rising tax burdens. The 2009 total budget can he maintained at the 2008 total budget level ($40,848,133) in part by realizing the follOWing savings: energy savings 0100,000 Staff attrition 050,000 2000 budget surplus (carry over) t5.5.1,11Q0. $900,000 Wage freeze Other savings $40,848,133 $42,811,022 12-09-2008 19:32 CAROLE DUCKSTAD 952-903-0274 PAGE1 CITY COUNCIL AGENDA SECTION: Report of the Community Development Director DATE: December 16, 2008 DEPARTMENT/DIVISION: Community Development Janet Jeremiah ITEM DESCRIPTION: Major Center Area Streetscape Master Plan report ITEM NO.: XIV.C.1. Requested Action Move to: Accept the Major Center Area Streetscape Master Plan report. Synopsis The Major Center Area Streetscape Master Plan report provides recommendations for lighting, sidewalks, landscaping and pedestrian amenities for Singletree Lane, the Prairie Center Drive/Valley View loop road, and the future north-south “Main Street” in the MCA Town Center. Background Information Background In June, 2007, the City entered into a contract with SRF Consulting, Inc. to prepare a Streetscape Master Plan for up to three roadways in the Major Center Area. Ultimately, the roadways chosen were Singletree Lane, the future north-south “Main Street” through the heart of the town center, and the Prairie Center Drive/Valley View “loop road”. The contract included preparation of conceptual roadway alignments and typical street cross sections, selection of street and pedestrian lighting, identification of other streetscape elements such as accent paving, street furniture and kiosks, recommendations for public landscaping and parking lot edge treatments, preparation of two illustrative perspective drawings, cost estimating, description of a maintenance district, stakeholder meetings, and preparation of a summary document. All property owners within the Major Center Area were invited to attend one of two stakeholder meetings held in November, 2007. Conceptual plans and cost estimates were presented and comments from the property owner representatives were taken into consideration. A meeting with the Chamber of Commerce Government Committee was held in December, 2007 for additional input. A joint workshop with the Planning Commission and City Council was also held in December, 2007. The Planning Commission and City Council confirmed the general streetscape concepts. Some concerns were raised about the lack of detail in considering options for the power lines that generally align with the future north-south “Main Street”. The Council directed staff to begin working with property owners along Prairie Center Drive from Highway 5 to Flying Cloud Drive on a potential Phase One project that could potentially be implemented in 2009. A stakeholder meeting with the Phase One property owners was held in late January, 2008 and comments were received. Changes Since The December Workshop And Planning Commission Based upon comments from the Phase One property owners and discussions with Presbyterian Homes about their redevelopment phasing, staff recommended delaying the Prairie Center Drive Phase One project until 2012. This would not affect the timing of a streetscape project along Singletree Lane east of Eden Road in association with the Windsor Plaza/Bobby & Steve’s redevelopment. The Planning Commission and staff also recommended initiating a more detailed study of options for the power lines. On March 4, 2008, the City Council agreed with the delay of the Phase One Prairie Center Drive project and also directed staff to seek a consultant to prepare a proposal for a more detailed study of options for the power lines. The power line proposal process is underway. The Phase One Master Plan has been modified since the December workshop to show four story buildings in the power line cross sections in keeping with the proposed Town Center zoning for that area rather than the one-story buildings shown during the workshop. The Master Plan has also been modified to show more options for monuments and kiosks in keeping with comments received to ensure that the elements are timeless rather than trendy. Finally, the Master Plan has been modified to eliminate the requirement for fencing as part of the parking lot screening along the Prairie Center Drive/Valley View “loop road” provided there is space for the Code-required landscape screening. This change is in keeping with comments received from the stakeholders. Public Works has worked with the consultants to ensure that the lighting spacing and photometrics are correct for Singletree Lane and Prairie Center Drive. Changes to the spacing are being incorporated into construction plans for Singletree Lane. Accepting the final report indicates that the master planning consultant contract is complete. Future changes to the streetscape plans can be made as part of individual construction plans. Final material selections will be presented to the Planning Commission. Since Planning Commission consideration, the report has been changed to include an exective summary and to note that Excel Energu would need to approve any changes to the power structures or to allow any buildings within the easement. Planning Commission Recommendation On June 9, 2008, the Planning Commission recommended 6-1 that the City Council accept the Major Center Area Streetscape Report subject to any additional changes from Public Works regarding the lighting. Public Works has no additional changes. Attachments ¾ MCA Streetscape Master Plan report (hard copy) CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: December 16, 2008 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Project Summary for Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and the Community Center ITEM NO.: XIV.D.1. Synopsis An overview of the projects was presented to the City Council at the June 17, 2008 meeting and more recently to the Parks, Recreation and Natural Resources Commission at their meeting on November 3. City Manager Scott Neal and Parks and Recreation Director Jay Lotthammer will provide a project history, current spending status and an overview of up-to-date operational accomplishments. Background For several years, city staff, the Parks, Recreation and Natural Resources Commission and the City Council contemplated many improvements and enhancements to the city’s park system. Many public meetings and discussions were held with athletic associations, volunteer groups and individual residents. The following is a time line of significant events and project milestones. Project Time Line May 2004 A Park Referendum asked a single question “Shall the City of Eden Prairie issue and sell its general obligation bonds in the amount not exceeding $22,500,000 to provide funds for acquisition, development and improvement of land and facilities for its program of public recreation?” A follow-up survey of residents who voted on the Park referendum was conducted to help better understand resident’s views of the previous referendum and the potential acceptance of a modified version. The survey indicated the following: • 69% of all voters thought that the City of Eden Prairie should attempt another Park Referendum sometime within the next two years. • 72% of all voters would be in favor of improvements to bicycle and pedestrian trails • 66% would favor improvements to the Community Center, and of those improvements addressing the needs for the competitive swim team was the highest supported need, followed by expansion of locker rooms, expansion of the fitness center, and a multi-purpose room for youth recreation. The least supported improvement was a third sheet of ice. Project Summary for Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and the Community Center December 16, 2008 Page 2 • 65% would favor replacing old warming houses • 63% would favor additional park shelters • 61% would favor providing matching funds for youth athletic associations to make improvements to the facilities they use • 61% would favor expansion to the Flying Cloud Ballfields • 59% favor additional park and open space land acquisition   It was suggested that a referendum without a large outdoor water park would have a chance to pass if the City held it in November of 2005, and provided that the School District did not have a referendum and the economy stayed strong. November 2005 A modified Park Bond Referendum was held in a multi-question format. April 2007 Construction began. March 2008 Re-opening of the Community Center. May 2008 Grand opening of the Community Center. June 2008 Project update presented of City Council. July 2008 Several games were played at the Round Lake Baseball Stadium. August 2008 Birch Island Park re-opens for use. September 2008 Third sheet of ice available for use. November 2008 Community Center Operational Update presented to the Parks, Recreation and Natural Resources Commission. In addition to referendum funding, multiple funding sources were used to fund and complete the projects. Funding sources included donations, cash park fees, CIP funds and interest earned on the bonds. The Construction Manager Agreement with RJM Construction administered the projects as one large project, but for financial reporting purposes, the projects were distinctly recorded. The attached Financial Summary describes both the funding sources and the expenses attributed to each portion of the project. Attachment Financial Summary as of 12/5/08 City of Eden Prairie Community Center/Third Sheet of Ice/Baseball Stadium Finanicial Summary as of 12/05/2008 Revenue Referendum Donations-Community Center Revenue Bonds Cash Park Fees Fund Capital Improvement Fund Transfer Donation Baseball Association Donation Riley Purgatory Bluff Creek Softball Field Use Fees Interest General Fund Total Revenue Actual 6,650,000 1,059,530 1,630,000 5,548,000 1,868,217 290,000 184,529 90,000 200,000 50,772 17,571,048 Expense Community Center Building Contingency OP Start Up Items Playstructure Third Sheet of Ice Baseball Stadium Birch Island Improvements Total Expense Difference 11,211,196 50,772 1,057,256 105,961 3,537,630 1,287,545 276,951 17,527,311 43,737 CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: December 16, 2008 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Approve Change Order #2 to RJM Construction for improvements at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and Community Center ITEM NO.: XIV.D.2. Requested Action Move to: Approve change order #2 to the RJM Construction contract as a credit of $15,900.00 to the City of Eden Prairie for cost savings related to the improvements outlined in change order #1 at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and Community Center improvements. Synopsis Change order #1 to the RJM Construction contract was for additional work at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and Community Center. This change order related to items that were discovered or added to the project after the drawings and scope of work were established within the original contract. Due to better than expected pricing and value engineering strategies, a savings of $15,900.00 was achieved and is being returned to the City of Eden Prairie in the form of a change order to the original contract. Background A construction management agreement was entered into with RJM Construction for the improvements at Birch Island Park, Round Lake Baseball Stadium, the Third Sheet of Ice and the Community Center. The original contract was for a total of $14,164,924. Due to changes and unforeseen conditions occurring during the construction period, additional funds of $597,791 (4.2%) were required to complete the project. During the remainder of the project, a savings of $15,900.00 occurred. This savings is credited back to the City of Eden Prairie. Both RJM and Delano Erickson have submitted Letters of Completion. City of Eden Prairie staff has inspected all areas of the projects along with consultants in the areas of civil engineering, mechanical engineering and architecture. Staff is satisfied that all work is satisfactorily complete and that any future issues can be accommodated through the warranty period. Staff recommends approval of change order #2. Attachments RJM Change Order Request 5455 Highway 169Plymouth,MN 55442(Phone)763-383-7600(Fax)763-383-7601 I L ,-fProjectName:Eden Prairie Community Center Renovation &Expansion Date:12101/08 ,i : Owner:City of Eden Prairie I i Change Order No.:002:1 8080 Mitchell Road :':Contractor Project No.:207104 Eden Prairie,MN 55344 'I (Phone)952-949-8488 (Fax)952-949-8334 ,Architect Project No.: i L ------- ~ Quote No.Change Order Description Amount -----------,-- ,Credit remaining unused project construction contingency per attached March 25,2008 '-$15,900.00 document. II I' I I' I: !i'i l ~--------~- CONSTRUCTION CONTRACT CHANGE ORDER Extension of Time This Change Order Previous Extensions of Time Current Contract Amount $14,746,815.00 $14,164,924.00 $597,791.00 $14,762,715.00 -$15,900.00 Days o Days Original Contract Amount Total Previous Change Orders -------Contract Amt.Prior to this C.O. Total This Change Order Total Extension of Time to Date Original Contract Completion Date o Days 06/01/08 Revised Completion Date 06/01/08 OWNER CONTRACTOR ARCHITECT City of Eden Prairie ~co~ BY~~By: Date: The Contractor hereby reserves its right to claim additional time and/or monies for the cumulative impact of project changes.