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HomeMy WebLinkAboutCity Council - 11/17/2009 AGENDA JOINT CITY COUNCIL/BUDGET ADVISORY COMMISSION WORKSHOP & OPEN PODIUM TUESDAY,NOVEMBER 17, 2009 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, Ron Case, Jon Duckstad, and Kathy Nelson BUDGET ADVISORY COMMISSION: Don Uram—Chair, Richard King—Vice-Chair, Annette Agner, Eapen Chacko, Jon Muilenburg, Richard Proops, Gwen Schultz 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, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. BUDGET ADVISORY COMMISSION RECOMMENDATIONS Council Chamber II. OPEN PODIUM III. ADJOURNMENT Memorandum Rif EDEN TO: Mayor and City Council PRAI RI E FROM: Budget Advisory Commission LIVE•WORK•D R E A M DATE: November 17,2009 RE: 2010/2011 General Fund Operating Budget Introduction The BAC reviewed the preliminary 2010/2011 General Fund Operating Budget prepared by the City Manager and met with the City Council on August 18th, 2009 to present their initial recommendations. This memo updates and adds to the BAC's recommendations from that date. The budget preserves service levels with a small increase in expenditures. This is an important consideration in both the current and near-term economic environment. Outlined below are the BAC's updated recommendations. Use of budget stabilization fund The BAC believes that the proposed budget relies too heavily on the Budget Stabilization Fund (`BSF"), resulting in a 2011 period-ending balance that the BAC deems imprudently low. The fund was originally established to supplement the city's revenue during an economic downturn, not as a source of funding for on-going operations which the current budget proposal does. Replenishing the fund to suitable levels in the future would seem unlikely under most scenarios. Below is a chart which shows the projected use of the fund the next few years. Adjusted Proposed Proposed General Fund 2009 2010 2011 Revenue 35,615,313 35,956,229 36,256,566 Expense 36,865,313 37,337,427 38,103,323 Difference (1,250,000) (1,381,198) (1,846,757) BSF Balance 4,470,035 3,088,837 1,242,080 The BAC recommends that the City plan to use less of the budget stabilization fund and bring the budget closer to balance (revenues equal to expenditures). A few ideas to help with this include reducing expenses, eliminating or delaying proposed enhancements to the budget, implementing a franchise fee, and transferring a portion of the money within the economic development fund to replenish the budget stabilization fund. These ideas are reviewed below. If the Council decides that it is appropriate to fund operations at the level proposed, the BAC recommends that a portion of the Economic Development Fund cash balance be transferred to the Budget Stabilization Fund. This is one strategy to maintain the balance in the budget stabilization fund at higher levels for the future. The BAC recognizes that this transfer may limit the City's ability to contribute toward the major center area streetscape project in the future and recommends that the project be delayed. In the 2009 to 2013 Capital Improvement Plan $800,000 is budgeted for this project in 2012 and 2013. Depending on the use of the budget stabilization funds, funds may be available in the future for the streetscape project. Expense Reduction The BAC recommends that the City reduce operating expenditures. The BAC recommends that the proposed enhancements to the budget for 2010 and 2011 budgets be deferred to the future. This includes an additional $120,000 in 2010 and $240,000 in 2011 for fire duty crew pay and $156,000 in 2011 for two police officers. This results in a reduction of$120,000 for 2010 and $396,000 in 2011. Utility Franchise Fee The BAC recommends that a utility franchise fee be considered, similar to the cable television franchise fee, which is a significant source of revenue in the budget. This fee would recover the approximate cost of street lighting. It would spread the costs across all users of the system. It would also contribute significantly to balancing the budget. The drawbacks include charging entities such as the school district that in turn needs to charge taxpayers to pay for the service; in addition, non-profits would have to account for the additional charges in their budgets. However, the BAC feels that it spreads the cost of the services over a broader set of rate payers, all of which benefit from the street lighting services. The BAC voted 3 to 2 to keep this recommendation. Three members thought that the City Council should keep all revenue raising options open when working on balancing the budget. Two members believed the fee should not be considered. One reason given is that the franchise fee lacks transparency and may be considered a tax. Fire Relief Pension Plan The BAC recommends that the City Council, staff, and the Firefighter Relief Association review the various pension plans available for volunteer fire service. Determine which plan(s)provide stability and consistency for the required City contributions and a fair benefit to volunteer firefighters. The BAC also recommends that the City and the Firefighter Relief association review the objectives, time horizon, and risk tolerance of the Fire Relief Investments to determine that Fire Relief Association and City objectives are met. Previous BAC Feedback The BAC commends the City Council and staff for conducting an RFP for legal services which reduced the operating budget. Conclusion The BAC would like to thank the City Council and staff for supporting the BAC during this budget cycle. The BAC is available to review budget or other items at the request of the City Council. We look forward to starting the review of the capital improvement plan next year. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,NOVEMBER 17, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case 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. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2009 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PLANNING COMMISSION UPDATE VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER AND ASSOCIATES,LTD, FOR DESIGN SERVICES FOR MILLER PARK BARRIER FREE PLAY AREA C. ADOPT RESOLUTION AUTHORIZING THE DISPOSAL OF TWO PARCELS OF TAX FORFEITED LAND BY HENNEPIN COUNTY D. AWARD CONTRACT FOR BENT CREEK STORM SEWER IMPROVEMENTS TO MINGER CONSTRUCTION,I.C. 09-5754 CITY COUNCIL AGENDA November 17, 2009 Page 2 E. ADOPT RESOLUTION TERMINATING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION F. APPROVE ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY(BEARPATH) G. ADOPT RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SAFE & SOBER COMMUNITIES AND OPERATION NIGHT CAP IX. PUBLIC HEARINGS /MEETINGS A. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Request for Zoning District Change from Rural to R1-13.5 on 1.24 acres, Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres and Preliminary Plat of 3 lots and road right of way on 1.29 acres. Location: Franlo Road and Niblick Lane. (Ordinance for Zoning District Amendment; Resolution for Preliminary Plat) B. WAL-MART by The Benham Company. Request for Zoning District Amendment in the Commercial Regional Service District on 16.86 acres and Site Plan Review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. 2010 Council Meeting Schedule C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA November 17, 2009 Page 3 D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Changes to Passport to Fun Fee Assistance Program 2. Facility Use Policies 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: November 13, 2009 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday,November 17, 2009 TUESDAY, NOVEMBER 17, 2009 7:00 PM, COUNCIL CHAMBER I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. HRA MEETING I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON OCTOBER 20, 2009 MOTION: Move to approve the minutes of the HRA meeting held on October 20, 2009. III. APPROVE AMENDED AND RESTATED MASTER SUBORDINATION AGREEMENTAND ESTOPPEL CERTIFICATE FOR PURGATORY CREEK TOWNHOMES (A/K/A EDENVALE TOWNHOMES) Synopsis: The Purgatory Creek Townhomes are located in Eden Prairie. The Project is seeking to refinance its first mortgage through a mortgage loan from Oak Grove Commercial Mortgage, L L C in an original principal amount of One Million Thirty-Eight Thousand Four Hundred and N o/100 Dollars($1,038,400.00) (" Oak Grove Loan"), which loan is being insured by the Federal Housing Administration (" FHA") of the United States Department of Housing and Urban Development (" HUD") under Section 221(d)(4) pursuant to Section 223(a)(7) of the United States Housing Act of 1937. A condition of this financing is that the HRA approve a Master Subordination Agreement and Estoppel Certificate. The financing to be subordinated is a loan from the HRA in connection with a Community Development Block Grant program in an original principal amount of One Hundred Eighty-Seven Thousand Five Hundred Twenty-Four and N o/100 Dollars ($187,524.00) (" HRA-CDBG Loan") and a loan from the HRA in connection with a ANNOTATED AGENDA November 17, 2009 Page 2 Local Housing Incentives Account program in an original principal amount of Three Hundred Thousand and N o/100 Dollars($300,000.00) (" H RA—L H I A Loan") both used for the acquisition, construction and/or rehabilitation of the Project. The HRA approved a similar subordination agreement in connection with financing of the Project in 1998. MOTION: Move to approve and authorize execution of that certain Master Subordination Agreement and Estoppel Certificate for the Purgatory Creek Townhomes located in Eden Prairie, Minnesota ("Project") and such other documents as are necessary in connection therewith to evidence the City's approval. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. COUNCIL MEETING IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. V. PROCLAMATIONS / PRESENTATIONS VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 20, 2009 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 20, 2009 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. PLANNING COMMISSION UPDATE VIII. CONSENT CALENDAR MOTION: Move approval of items A-G on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER AND ASSOCIATES, LTD, FOR DESIGN SERVICES FOR MILLER PARK BARRIER FREE PLAY AREA C. ADOPT RESOLUTION AUTHORIZING THE DISPOSAL OF TWO PARCELS OF TAX FORFEITED LAND BY HENNEPIN COUNTY ANNOTATED AGENDA November 17,2009 Page 3 D. AWARD CONTRACT FOR BENT CREEK STORM SEWER IMPROVEMENTS TO MINGER CONSTRUCTION,I.C. 09-5754 E. ADOPT RESOLUTION TERMINATING JOINT AND COOPERATIVE AGREEMENT FOR USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION F. APPROVE ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY(BEARPATH) G. ADOPT RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR SAFE & SOBER COMMUNITIES AND OPERATION NIGHT CAP IX. PUBLIC HEARINGS/MEETINGS A. OLYMPIC HILLS CHRIS ADDITION by Stuart Investment Ltd. Request for Zoning District Change from Rural to R1-13.5 on 1.24 acres, Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres and Preliminary Plat of 3 lots and road right of way on 1.29 acres. Location: Franlo Road and Niblick Lane. (Ordinance for Zoning District Amendment; Resolution for Preliminary Plat) Official notice of this public hearing was published in the November 5, 2009, Eden Prairie News and send to 79 property owners. Synopsis: This is for a three lot single-family development. The plan meets the requirements of the R1-13.5 zoning district. The 120-Day Review Period Expires on January 22, 2010. The Planning Commission voted 8-0 to recommend approval of the project at the October 12, 2009 meeting. Plans are revised according the recommendations of staff report and the Planning Commission. Motion: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres; and • Adopt the Resolution for Preliminary Plat on 1.29 acres into 3 lots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. WAL-MART by The Benham Company. Request for Zoning District Amendment in the Commercial Regional Service District on 16.86 acres and Site Plan Review on 16.86 acres. Location: 12195 Singletree Lane. (Ordinance for Zoning District Amendment) ANNOTATED AGENDA November 17,2009 Page 4 Official notice of this public hearing was published in the November 5, 2009,Eden Prairie News and send to 37 property owners. Synopsis: Wal-Mart proposes to update its existing building and expand grocery sales. The project includes an expansion of the stores footprint to add a loading dock (1,624 sf) for the additional grocery deliveries, improvements to the front entry, a smaller parking lot, more green space, and sustainable features. Wal-Mart is also proposing to incorporate lighting, decorative pavement and other Town Center elements into the proposed remodeling project. The Wal-Mart site is guided Town Center. The Town Center category designates the land use for a mixed-use downtown area to be located near the center of the Major Center Area. The 120 acre area is to be redeveloped over time into a compact, walkable, vibrant, pedestrian oriented area. The MCA Study identifies 10 Sub Areas with specific recommendations for land use, density, and site coverage. Wal-Mart is located on the eastern edge of the "Town Center"of Sub Area 2. The MCA plan shows the Wal-Mart site as a mix land use with: • Mid Rise, 3-6 Story, 40-60 units per acre on the west side of the property. • Community Retail in the middle of the property • Medium Density(166 units)with Retail Ground level on the east side of the property. There is an existing Wal-Mart Store on the property of approximately 116,631 square feet with an approved expansion plan for 30,000 square feet according to a development agreement between Wal-Mart Stores, Inc and the City of Eden Prairie dated October 1, 1991. The 120-Day Review Period Expires on February 4, 2010. The Planning Commission voted 6-0 to recommend approval of the project, based on the staff report dated October 23, 2009, at the October 26, 2009 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service Zoning District on 16.86 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA November 17,2009 Page 5 XI. ORDINANCES AND RESOLUTIONS A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITION OF PUBLIC FACILITIES AND SERVICES AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE Synopsis: This is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved 1st reading of the ordinance on October 6, 2009. MOTION: Move to approve 2nd Reading of the Ordinance relating to the definition of public infrastructure and adopt Resolution approving the summary Ordinance. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORTS OF CITY MANAGER 1. 2010 Council Meeting Schedule Synopsis: Staff is beginning the meeting schedule and planning process for 2010. Attached to this cover sheet is a proposed schedule of Council meetings for 2010. We are proposing to continue the past practice of City Council meetings on the 1st and 3rd Tuesdays of each month, with a couple of exceptions which are based on our past experience with the Council: - We have reduced our summer(June, July&August)meeting schedule down to one meeting each month. We experimented with this meeting schedule this past summer. It created no operational problems for staff residents. Council Members have reported to me that they appreciated the schedule. I recommend we try it again during the summer of 2010. - We have proposed that the first meeting in February be cancelled as that meeting coincides with local political party caucuses - We have proposed that the first meeting in April be cancelled as that meeting occurs during the Eden Prairie School District's Spring Break. We have a custom of avoiding Spring Break week with Council meetings for at least the past seven years. - We have proposed the first meeting in November be canceled because it coincides with the 2010 General election day. The Council does not need to take formal action on this item at the November 17 meeting. We are sharing it with you to solicit your feedback. The Council ANNOTATED AGENDA November 17,2009 Page 6 is scheduled to approve the 2010 meeting schedule at the Council's first meeting of 2010 on January 5, 2010. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Proposed Changes to Passport to Fun Fee Assistance Program Synopsis: Currently the Passport to Fun program provides participants free access to open gym (added January 2008), open swim, open skate, including skate rentals in addition to $150 fee assistance per year toward recreation programming. In addition, qualified participants are able to use their$150 in fee assistance per year towards the cost of daily use and/or membership to the Community Center. The amount of funds redeemed to the Passport to Fun program over the past three years has increased significantly in comparison to previous years, showing a 58% increase in funding the past two years: Year Actual Amount 2009 YTD $11,185 2008 $7,076 2007 $4,545* *prior to the Community Center expansion and the addition of open gym,daily use fee and membership being added to the Passport to Fun program. The following programs currently do not qualify for the Passport to Fun program: programs which fees are already under $10, special events, facility or court rentals, additional fees (supplies, meals or equipment rental), birthday party packages, team registrations and senior discounts. Staff recommends that memberships and private lessons be added to the list of programs that do not qualify for Passport dollars. Passport dollars are used primarily for recreation programs and not for memberships or daily use fees. Qualified participants tend to use the free access feature of the program exclusively or in conjunction with the Passport dollars that require matching funds from the participant. At their November 2 meeting, the Parks, Recreation and Natural Resources Commission approved a motion recommending these changes. Background The City of Eden Prairie offers a fee assistance program called Passport to Fun to individuals who may need financial assistance to participate in recreation programs. Persons requesting assistance are required to demonstrate a financial need and pay a portion of the participation fee. Each ANNOTATED AGENDA November 17,2009 Page 7 eligible family member can receive a maximum amount in fee assistance per calendar year. Senior discounts do not apply. Once approved, participants register for Parks and Recreation programs at the Community Center. Participants pay the first half of the recreation program priced at more than$10, and get the second half taken out of their Passport to Fun account. The City of Eden Prairie provides recreation programs and services to all residents regardless of sex, race, color, national origin, ability or financial status. To qualify, applicants must be an Eden Prairie resident or work in Eden Prairie, and meet one of the following criteria and submit supporting documentation: • Participation in a Free or Reduced Lunch Program through the Eden Prairie School District. • Eligibility to receive financial aid from Hennepin County. • Eligibility to receive Social Security disability. • Special circumstances causing financial hardship may be considered on a limited basis per manager approval. Future Considerations • Continue to evaluate which programs and recreation opportunities should be eligible or ineligible for fee assistance. • Limit the individual fee assistance per year or increase/decrease based on available funds and requests for funding assistance. • Limit scholarships to participants under age 18 or keep it available to youth and adults. • Limit maximum fee assistance per family annually or keep it unlimited. St. Louis Park-$160 per individual and no maximum per family New Brighton-$100 per individual and$250 maximum per family Eagan-$100 per individual and$500 maximum Edina-$150 per family per year Bloomington—75%discount on program registration fees in up to 4 programs total for the year MOTION: Move to approve the following changes to the Passport to Fun Fee Assistance Program per beginning January 1, 2010: • Reduce total fee assistance from $150 to $100 per participant ($50 reduction); and • Continue to allow Passport dollars to be used (qualify) for Community Center Daily Use Fees for Fitness Center and Group Fitness Classes; and • Add Community Center Memberships and Private Lessons to the list of programs not eligible for Passport ANNOTATED AGENDA November 17,2009 Page 8 dollars (not qualified). 2. Facility Use Policies Synopsis: Over the past several months,parks and recreation staff have met to review the current Guidelines for Community use of Parks and Recreation Facilities. This document is used by staff to consistently interpret scheduling and use policies across all parks and recreation facilities. Staff determined there was a need to review the policies to insure that all current policies were being consistently followed. Many of the suggestions have come about due to the recent development of new facilities. The attached changes and additions are being recommended for consideration. At their November 2 meeting, the Parks, Recreation and Natural Resources Commission approved of this recommendation. In addition to updating this document, staff will use the latest revisions to create a user-friendly version that can be distributed to rental groups and interested facility users. The Guidelines for Community use of Parks and Recreation Facilities were originally approved by the City Council on September 19, 2006. Subsequent versions have been approved on February 12, 2008 and March 4, 2008. Periodically staff reviews the document to insure that policies are current and consistent. MOTION: Move to approve the modifications and additions proposed by staff to the Guidelines for Community use of Parks and Recreation Facilities document. 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 EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY,NOVEMBER 17, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, 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 OCTOBER 20, 2009 III. APPROVE AMENDED AND RESTATED MASTER SUBORDINATION AGREEMENTAND ESTOPPEL CERTIFICATE FOR PURGATORY CREEK TOWNHOMES (A/K/A EDENVALE TOWNHOMES) IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, OCTOBER 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, 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 SEPTEMBER 15, 2009 MOTION: Case moved, seconded by Duckstad, to approve the minutes of the HRA meeting held on September 15, 2009 as published. Motion carried 5-0. III. ADOPT RESOLUTION HRA 2009-04 APPROVING AN ADMINISTRATIVE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT Neal said the TIF plan will be amended to include the correct certification date. This is a minor revision but requires HRA approval. A TIF district was established in 2007 for the Windsor Plaza project to assist with a variety of redevelopment related costs. MOTION: Aho moved, seconded by Case, to adopt Resolution HRA 2009-04 adopting an administrative modification to the Tax Increment Financing plan for the Town Center Phase One Tax Increment Financing District#21. Motion carried 5-0. V. ADJOURNMENT MOTION: Nelson moved, seconded by Case, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the HRA meeting at 7:10 PM. HRA AGENDA DATE: November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Janet Jeremiah, Director/ Master Subordination Agreement Community Development and Estoppel Certificate for the Purgatory Creek Townhomes Requested Action Move to: Approve and authorize execution of that certain Master Subordination Agreement and Estoppel Certificate for the Purgatory Creek Townhomes located in Eden Prairie, Minnesota ("Project") and such other documents as are necessary in connection therewith to evidence the City's approval. Synopsis: The Purgatory Creek Townhomes are located in Eden Prairie. The Project is seeking to refinance its first mortgage through a mortgage loan from Oak Grove Commercial Mortgage, LLC in an original principal amount of One Million Thirty-Eight Thousand Four Hundred and No/100 Dollars ($1,038,400.00) ("Oak Grove Loan"), which loan is being insured by the Federal Housing Administration ("FHA") of the United States Department of Housing and Urban Development("HUD")under Section 221(d)(4)pursuant to Section 223(a)(7) of the United States Housing Act of 1937. A condition of this financing is that the HRA approve a Master Subordination Agreement and Estoppel Certificate. The financing to be subordinated is a loan from the HRA in connection with a Community Development Block Grant program in an original principal amount of One Hundred Eighty-Seven Thousand Five Hundred Twenty-Four and No/100 Dollars ($187,524.00) ("HRA—CDBG Loan") and a loan from the HRA in connection with a Local Housing Incentives Account program in an original principal amount of Three Hundred Thousand and No/100 Dollars ($300,000.00) ("HRA—LHIA Loan")both used for the acquisition, construction and/or rehabilitation of the Project. The HRA approved a similar subordination agreement in connection with financing of the Project in 1998. Attachment Master Subordination Agreement and Estoppel Certificate PURGATORY CREEK TOWNHOMES (A/K/A EDENVALE TOWNHOMES) AMENDED AND RESTATED MASTER SUBORDINATION AGREEMENTAND ESTOPPEL CERTIFICATE THIS AMENDED AND RESTATED MASTER SUBORDINATION AGREEMENT ("Master Subordination Agreement") shall have an effective date of the 1st day of November, 2009 and is made and entered into by and between EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership, with its offices located at c/o Hornig Companies, Inc., 1000 West 22nd Street, Minneapolis, Minnesota 55405 the "Borrower"), OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company, successor-in-interest to Glaser Financial Group, Inc., a Minnesota corporation, with offices at 2177 Youngman Avenue, St. Paul, Minnesota 55116 ("Oak Grove"), THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic in the State of Minnesota, with its offices located at c/o City Clerk, City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota 55344-2230 (the "HRA"), and FAMILY HOUSING FUND, a Minnesota nonprofit corporation, with its offices located at 801 Nicollet Mall, Suite 1840, Minneapolis, Minnesota 55402 (the "Fund"). This Master Subordination Agreement amends, restates, and replaces that certain Master Subordination Agreement and Estoppel Certificate dated as of February 1, 1998 entered into by Borrower, Oak Grove, the Fund, and the HRA. RECITALS: 1. Borrower has obtained a mortgage loan from Oak Grove in an original principal amount of One Million Thirty-Eight Thousand Four Hundred and No/100 Dollars ($1,038,400.00) ("Oak Grove Loan"), which loan is being insured by the Federal Housing Administration ("FHA") of the United States Department of Housing and Urban Development ("HUD") under Section 221(d)(4) pursuant to Section 223(a)(7) of the United States Housing Act of 1937 for a multifamily apartment project known as Purgatory Creek Townhomes located in Eden Prairie, Minnesota ("Project") on the real property described in Exhibit A attached hereto ("Premises") pursuant to the FHA Commitment dated July 14, 2009, as amended (FHA Project No. 092-35876). In connection with and as evidence of the Oak Grove Loan, Borrower and Oak Grove have entered into and executed those certain documents and agreements identified in Exhibit B attached hereto and incorporated herein by referenced ("Oak Grove Loan Documents"). 2. Borrower has obtained a loan from the HRA in connection with the Community Development Block Grant program in an original principal amount of One Hundred Eighty- Seven Thousand Five Hundred Twenty-Four and No/100 Dollars ($187,524.00) ("HRA—CDBG Loan") for the acquisition, construction, and/or rehabilitation of the Project. In conjunction with and as evidence of the HRA-CDBG Loan, Borrower and the HRA entered into and executed those certain documents and agreements identified in Exhibit C attached hereto and incorporated herein by reference ("HRA-CDBG Loan Documents"). 3. Borrower has obtained a loan from the Fund in an original principal amount of Two Hundred Thousand and No/100 Dollars ($200,000.00) ("Fund Loan") for the acquisition, construction, and/or rehabilitation of the Project. In conjunction with and as evidence of the Fund Loan, Borrower and the Fund entered into and executed those certain documents and agreements identified in Exhibit D attached hereto and incorporated herein by reference ("Fund Loan Documents"). 4. Borrower has obtained a loan from the HRA in connection with the Local Housing Incentives Account program in an original principal amount of Three Hundred Thousand and No/100 Dollars ($300,000.00) ("HRA—LHIA Loan") used for the acquisition, construction and/or rehabilitation of the Project. In conjunction with and as evidence of the HRA-LHIA Loan, Borrower and the HRA entered into and executed those certain documents and agreements identified in Exhibit E attached hereto and incorporated herein by reference ("HRA-LHIA Loan Documents"). 5. Borrower, Oak Grove, the HRA, and the Fund hereto agree that the loans and corresponding loan documents referred to herein shall have the following order of priority: (i) The Oak Grove Loan and the Oak Grove Loan Documents shall have a first and senior priority; and (ii) The HRA—CDBG Loan and the HRA—CDBG Loan Documents shall have a second priority behind the Oak Grove Loan and the Oak Grove Loan Documents; and (iii) The Fund Loan and the Fund Loan Documents shall have a third priority behind the Oak Grove Loan and Oak Grove Loan Documents and the HRA—CDBG Loan and the HRA—CDBG Loan Documents; and (iv) The HRA—LHIA Loan and the HRA—LHIA Loan Documents shall have a fourth priority behind the Oak Grove Loan and Oak Grove Loan Documents, the HRA— CDBG Loan Documents, and the Fund Loan and the Fund Loan Documents; and 2 6. Further, the parties wish to specify how the terms and conditions contained in the loan documents referred to herein shall be interpreted in the event of a conflict or inconsistency therein. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, and in further consideration of the parties hereto making and entering into the loans referred to herein, the parties do hereby agree as follows: 1. Consent to Loans. By executing this Master Subordination Agreement: a) The HRA agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the Fund Loan Documents, the HRA—CDBG Loan Documents, and the Oak Grove Loan Documents shall be consented to be "Permitted Encumbrances"under the HRA—LHIA Documents and that the HRA—LHIA Loan Documents are all hereby amended, if and where and as needed, to include all of the liens, encumbrances, and restrictive covenants, if any, created by the Fund Loan Documents, the HRA—CDBG Loan Documents, and the Oak Grove Loan Documents as "Permitted Encumbrances"thereunder. b) The Fund agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the HRA—LHIA Loan Documents, the HRA—CDBG Loan Documents, and the Oak Grove Loan Documents shall be deemed to be "Permitted Encumbrances" under the Fund Documents and that the Fund Loan Documents are all hereby amended, if and where and as needed, to include all of the liens, encumbrances, and restrictive covenants, if any, created by the HRA— LHIA Loan Documents, the HRA—CDBG Loan Documents, and the Oak Grove Loan Documents as "Permitted Encumbrances"thereunder. c) The HRA agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the HRA—LHIA Loan Documents, the Fund Loan Documents, and the Oak Grove Loan Documents shall be deemed to be "Permitted Encumbrances" under the HRA—CDBG Loan Documents and that the HRA— CDBG Loan Documents are hereby amended, if and where and as needed, to include all of the liens, encumbrances, and restrictive covenants, if any, created by the HRA—LHIA Loan Documents, the Fund Loan Documents, and the Oak Grove Loan Documents as "Permitted Encumbrances"thereunder. d) Oak Grove agrees that all of the liens, encumbrances, and restrictive covenants, if any, created by the HRA—LHIA Loan Documents, the Fund Loan Documents, and the HRA—CDBG Loan Documents shall be deemed to be "Permitted Encumbrances" under the Oak Grove Loan Documents but subordinate to all liens, rights, and remedies created by the Oak Grove Loan Documents. 2. Use of Documents. With respect to the loan documents referred to and described herein, the parties do hereby covenant, warrant, consent, and agree as follows: a) The HRA covenants and warranties that (i) the HRA—LHIA Loan Documents are all of the documents it has entered into regarding the HRA—LHIA Loan, (ii) there 3 are no other documents relating to the HRA—LHIA Loan, (iii) it will not enter into any other documents relating to the HRA—LHIA Loan which would have an adverse impact upon any other party to this Master Subordination Agreement without the prior written consent of such party or parties, and (iv) any document relating to the HRA—LHIA Loan which may exist and is not listed in the HRA— LHIA Loan Documents, or may come into existence in the future, shall not have any force or effect until approved and consented to in writing by all of the parties to this Master Subordination Agreement upon which such document has, or will have, an adverse effect, and upon such written approval such document shall be automatically considered to be included in the HRA—LHIA, Loan Documents, and the HRA will execute any and all documents necessary to include such document in the HRA—LHIA Loan Documents. The HRA also covenants and warrants that the construction of the Project and the disbursement of the HRA—LHIA Loan for the Project were in compliance with the terms of the Metropolitan Livable Communities Act Local Housing Incentives Account Grant Agreement, Grant No. SG-97-97,by and between the Metropolitan Council and the City of Eden Prairie. b) The Fund covenants and warranties that (i) the Fund Loan Documents are all of the documents it has entered into regarding the Fund Loan, (ii) there are no other documents relating to the Fund Loan, (iii) it will not enter into any other documents relating to the Fund Loan which would have an adverse impact upon any other party to this Master Subordination Agreement without the prior written consent of such party or parties, and (iv) any document relating to the Fund Loan which may exist and is not listed in the Fund Loan Documents, or may come into existence in the future, shall not have any force or effect until approved and consented to in writing by all of the parties to this Master Subordination Agreement upon which such document has, or will have, an adverse effect, and upon such written approval such document shall be automatically considered to be included in the Fund Loan Documents, and the Fund will execute any and all documents necessary to include such document in the Fund Loan Documents. c) The HRA covenants and warranties that (i) the HRA—CDBG Loan Documents are all of the documents it has entered into regarding the HRA—CDBG Loan, (ii) there are no other documents relating to the HRA—CDBG Loan, (iii) it will not enter into any other documents relating to the HRA—CDBG Loan which would have an adverse impact upon any other party to this Master Subordination Agreement without the prior written consent of such party or parties, and (iv) any document relating to the HRA—CDBG Loan which may exist and is not listed in the HRA— CDBG Loan Documents, or may come into existence in the future, shall not have any force or effect until approved and consented to in writing by all of the parties to this Master Subordination Agreement upon which such document has, or will have, an adverse effect, and upon such written approval such document shall be automatically considered to be included in the HRA—CDBG Loan Documents, and the HRA will execute any and all documents necessary to include such document in the HRA—CDBG Loan Documents. 4 d) The Fund agrees and consents to the use of the HRA—LHIA Loan Documents, the HRA—CDBG Loan Documents, and the Oak Grove Loan Documents. e) The HRA agrees and consents to the use of the Fund Loan Documents and the Oak Grove Loan Documents. f) Oak Grove agrees and consents to the use of the HRA—LHIA Loan Documents, the Fund Loan Documents, and the HRA—CDBG Loan Documents. 3. Subordination of Loans and Documents. The parties agree to the following priority and subordination of the loans and documents referred to and described herein. a) The HRA agrees and acknowledges that the Oak Grove Loan and the Oak Grove Loan Documents and all advances made thereunder and accrued interest thereon are senior and prior to the HRA—CDBG Loan and the HRA—CDBG Loan Documents. Therefore, the HRA agrees to, and does hereby, (i) subordinate any and all liens, security interests, and restrictive covenants, if any, securing repayment of the HRA—CDBG Loan and created by the HRA—CDBG Loan Documents, to any and all liens, security interests, and restrictive covenants, if any, securing repayment of the Oak Grove Loan or created by the Oak Grove Loan Documents, and (ii) subordinates the HRA—CDBG Loan Documents to the Oak Grove Loan Documents. b) The Fund agrees and acknowledges that the Oak Grove Loan and Oak Grove Loan Documents and all advances made thereunder and accrued interest thereon, and the HRA—CDBG Loan and the HRA—CDBG Loan Documents and all advances made thereunder and accrued interest thereon, are all senior and prior to the Fund Loan and the Fund Loan Documents. Therefore, the Fund agrees to, and does hereby, (i) subordinate any and all liens, security interests, and restrictive covenants, if any, securing repayment of the Fund Loan and created by the Fund Loan Documents, to any and all liens, security interests, and restrictive covenants, if any, securing repayment of either the Oak Grove Loan or HRA—CDBG Loan or created by the Oak Grove Loan Documents or HRA—CDBG Loan Documents, and (ii) subordinates the Fund Loan Documents to the Oak Grove Loan Documents and the HRA—CDBG Loan Documents. c) The HRA agrees and acknowledges that the Oak Grove Loan and the Oak Grove Loan Documents and all advances made thereunder and accrued interest thereon, the HRA—CDBG Loan and the HRA—CDBG Loan Documents and all advances made thereunder and accrued interest thereon, and the Fund Loan and the Fund Loan Documents and all advances made thereunder and accrued interest thereon are senior and prior to the HRA—LHIA Loan and the HRA—LHIA Loan Documents. Therefore, the HRA agrees to, and does hereby, (i) subordinate any and all liens, security interests, and restrictive covenants, if any, securing repayment of the HRA—LHIA Loan and created by the HRA—LHIA Loan Documents, to any and all liens, security interests, and restrictive covenants, if any, securing repayment of either the Oak Grove Loan, the HRA—CDBG Loan, or 5 the Fund Loan, or created by the Oak Grove Loan Documents, the HRA—CDBG Loan Documents, or the Fund Loan Documents, and (ii) subordinates the HRA— LHIA Loan Documents to the Oak Grove Loan Documents, the HRA—CDBG Loan Documents, and the Fund Loan Documents. d) The parties acknowledge that the Development receives the benefits of Low- Income Housing Tax Credits (the "Credits") pursuant to Section 42 of the Internal Revenue Code ("Section 42") and that it is a condition of the receipt of the Credits that the Borrower file and record a Declaration of Land Use Restrictive Covenants for Low-Income Housing Credits (the "Declaration"). Oak Grove, the HRA, and the Fund hereby consent to the terms of the Declaration, as required by Section 5(c) of the Declaration, and further agree that, upon filing and recording, the Declaration will be subordinate to the Oak Grove Loan and Oak Grove Loan Documents, the HRA—CDBG Loan Documents, the Fund Loan and the Fund Loan Documents, and the HRA—LHIA Loan Documents except to the extent required by Section 9(d) of the Declaration (relating to the three-year vacancy control during the extended use period). e) The parties acknowledge that the Development receives benefits pursuant to a Housing Development Agreement (the "Housing Development Agreement") dated February 13, 1998 between the Borrower and the Minneapolis Public Housing Authority in and for the City of Minneapolis (the "MPHA")under which funds will be provided to the Development under a Mixed-Finance Development Grant Project Amendment to Consolidated Annual Contributions Contract dated February 13, 1998 and that, as a condition of receiving such benefits, the Borrower is required to execute and to record the Declaration of Restrictive Covenants, which Declaration of Restrictive Covenants by its terms is intended to be binding on the successors in interest to the Borrower, including any successors in interest acquiring the Development through foreclosure. Oak Grove, the HRA, and the Fund hereby consent to the terms of the Declaration of Restrictive Covenants and further agree that the Oak Grove Loan and the Oak Grove Loan Documents, the HRA—CDBG Loan and the HRA—CDBG Loan Documents, the Fund Loan and the Fund Loan Documents, and the HRA—LHIA Loan and the HRA—LHIA Loan Documents are subordinate to the Declaration of Restrictive Covenants. 4. Provisions in Documents. Notwithstanding the subordinations and order of priority specified and agreed to in Section 3 hereinabove, and notwithstanding any contrary provision contained in any of the documents referred to herein, the parties hereby agree that, if there are any inconsistencies or conflicts with respect to the provisions contained in any of the documents referred to herein, then (i) the provisions contained in the Oak Grove Loan Documents shall control over any such inconsistent or conflicting provision in any other document. 5. Interpretation. The parties are entering into and executing this Master Subordination Agreement to establish the subordination and priority of the loans and the documents referred to herein and to resolve any inconsistencies or conflicts in such documents, 6 and accordingly, the parties hereby agree, understand, and acknowledge that the enforceability of this Master Subordination Agreement is not, and shall not, be restricted, limited, or impaired by the fact that not all of the parties are signatories to each or any of the documents referred to and incorporated by reference herein. 6. Control by Most Stringent Requirements. Notwithstanding any provision to the contrary contained herein, if any of the provisions contained in the HRA—LHIA Loan Documents, the Fund Loan Documents, or the HRA—CDBG Loan Documents impose occupancy requirements or limitations on returns that are inconsistent with any other requirement contained in such documents, then the most stringent provision contained in such documents shall control. 7. Compliance with Closing Requirements and Absence of Events of Default. The parties state, represent, and warrant as follows: a) The HRA states, represents, and warrants that, to the best of its knowledge, there are no Events of Default, or events which with the passage of time could constitute an Event of Default, currently existing under the HRA—LHIA Loan Documents or the HRA—CDBG Loan Documents and that, to the best of its knowledge, the HRA and the Borrower both have complied with all of the requirements imposed under such documents. b) The Fund states, represents, and warrants that, to the best of its knowledge, there are no Events of Default, or events which with the passage of time could constitute an Event of Default, currently existing under the Fund Loan Documents and that, to the best of its knowledge, the Fund and the Borrower both have complied with all of the requirements imposed under such documents. c) Oak Grove states, represents and warrants that, to the best of its knowledge, there are no Events of Default, or events which with the passage of time could constitute an Event of Default, currently existing under the Glaser Loan Documents and that, to the best of its knowledge, Glaser and the Borrower both have complied with all of the requirements imposed under such documents. 8. Excess Insurance Proceeds. Notwithstanding any provisions contained in the Oak Grove Loan Documents, the HRA—CDBG Loan Documents, the Fund Loan Documents, or the HRA—LHIA Loan Documents, in the event of (a) a casualty, (b) a decision by Oak Grove to apply insurance proceeds to the Oak Grove Loan rather than to the reconstruction of Development units, and (c) the existence of excess insurance proceeds after the HUD-insured mortgage has been repaid in full, such excess insurance proceeds shall be prorated among the Fund, the HRA, and any other entities holding encumbrances permitted by Section 9.1 of the Housing Development Agreement in accordance with the outstanding balances thereof and, in the case of the MPHA, to the extent of the low-income public housing development funds initially paid to the Owner. The MPHA's prorated share of the excess insurance proceeds shall be returned to the MPHA. 9. Additional Provisions. No renewal, modification, or extension of time of payment of any indebtedness referred to herein, no releases or surrender of any security therefor, 7 nor any delay or omission in exercising any right or remedy contained therein shall, in any event, impair or affect the subordination of loan documentation and/or rights and obligations of the parties hereunder. Any party hereto, in its sole discretion, may waive or release any right or option under the loan documentation held by it and may exercise or refrain from exercising any right thereunder without the consent of any other party hereto. The parties agree that any party hereto at any time or from time to time may enter into such agreement or agreements with the Borrower as it deems appropriate, extending the time of payment of, or modifying, extending, renewing, or otherwise altering the terms of, any or all of the obligations, or may exchange, sell, surrender, or otherwise deal with any such security, without notice, to the other parties hereto and without in any way impairing or affecting this Agreement. The parties waive notice of creation, existence, renewal, modification, or extension of time and payment of the loan documentation referred to herein and the indebtedness evidenced thereby, the disbursement of any sums thereunder, and any modifications or amendments to the loan documentation referred to herein. None of the parties hereto have any obligation under this Agreement to the other parties hereto to advance any funds to the Borrower or to insure that any funds so advanced are used for any specific purpose. Any application or use of funds advanced should not impair the subordination provided herein. Each of the parties hereto waives any right to require marshaling of assets or to require any other party hereto to proceed against or exhaust any specific security for the indebtedness held by it and any defense arising out of the loss of impairment of any right of subrogation through the lien of any loan documentation. Each agreement and each and every covenant, agreement, and other provisions hereof, shall be binding upon each of the parties hereto and their successors and assigns and shall inure to the benefit of each of the parties hereto and their successors and assigns and, in particular, to any subsequent holder of the loan documentation referred to herein, including, in particular, any person or entity advancing any funds under the respective loan documents. This Master Subordination Agreement may be changed only by an instrument in writing executed by the parties hereto. No waiver, amendment, or modification by custom, usage, or by implication shall be effective unless in writing signed by the parties. This Master Subordination Agreement shall not be construed as altering, amending, or modifying any of the terms and conditions of the loan documentation referred to herein other than for the subordination of priorities expressed herein. 10. Notices. All notices to be given by any party to the other under this Master Subordination Agreement shall be in writing and shall be deemed to have been given when delivered personally, or when deposited in the United States Mail, registered or certified postage prepaid, addressed as follows: To the Borrower at: Edenvale Family Housing Limited Partnership c/o Hornig Companies, Inc. 1000 West 22nd Street Minneapolis, Minnesota 55405 8 To Oak Grove at: Oak Grove Commercial Mortgage, LLC 2177 Youngman Avenue St. Paul, Minnesota 55116 To the HRA at: The Housing and Redevelopment Authority in and for the City of Eden Prairie c/o City Clerk City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344-2230 To the Fund at: Family Housing Fund 801 Nicollet Mall, Suite 1840 Minneapolis, Minnesota 55402 or addressed to any such party at such other address as such party shall furnish subsequently by notice to the other parties. Any notice delivered personally to the Borrower shall be delivered to a general partner of the Borrower, and any notice delivered personally to any of the other parties to this Agreement shall be delivered to an officer of such party. 11. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one instrument. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 9 IN WITNESS WHEREOF, the parties hereto have executed this Master Subordination Agreement and Estoppel Certificate as of the date and year first above written. EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership By: Krebski Edenvale LLC, a Minnesota limited liability company, its General Partner By: Name: David A. Hornig Title: Chief Manager STATE OF MINNESOTA ) ) SS COUNTY OF ) On this day of , 2009, before me, a Notary Public within and for the State of Minnesota, personally appeared David A. Hornig, Chief Manager of Krebski Edenvale LLC., a Minnesota limited liability company, the General Partner of EDENVALE FAMILY HOUSING LIMITED PARTNERSHIP, a Minnesota limited partnership, and he executed said instrument on behalf of the limited partnership. NOTARY PUBLIC OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company By: Name: Kenneth Dayton Title: Executive Vice President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2009, by Kenneth Dayton, the Vice President of Oak Grove Commercial Mortgage, LLC, a Delaware limited liability company, on behalf of the limited liability company. Notary Public THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE, a public body corporate and politic in the State of Minnesota By: Its: Chair By: Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Master Subordination Agreement was acknowledged before me this 17th day of November, 2009, by Phil Young and Scott H. Neal, the Chair and Executive Director, respectively, of The Housing and Redevelopment Authority in and for the City of Eden Prairie, a public body corporate and politic in the State of Minnesota, on behalf of said agency. Notary Public FAMILY HOUSING FUND, a Minnesota nonprofit corporation By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing Master Subordination Agreement was acknowledged before me this day of , 2009, by , the of Family Housing Fund, a Minnesota nonprofit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Oppenheimer Wolff&Donnelly LLP 45 South Seventh Street, Suite 3300 Minneapolis, MN 55402-1609 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Lot 2, Block 1, Edenvale Family Housing, Hennepin County, Minnesota, together with Cross-Access and Water Main Easement filed October 1, 1997 as Document No. 6790697 (A) filed September 24, 1997 as Document No. 2845827 (T). Part of the above being registered land as evidenced by Certificate of Title No. 866180 Note: The Torrens portion being more particularly described as follows: That part of Lot 2, Block 1, Edenvale Family Housing, embraced within the East 1/2 of the Southwest Quarter of Section 10, Township 116, Range 22. A-1 EXHIBIT B Oak Grove Loan Documents 1. Amended and Restated Mortgage dated as of November 1, 2009 2. Amended and Restated Regulatory Agreement for Multifamily Housing Projects dated as of November 1, 2009 3. UCC Financing Statement Amendments 4. Amended and Restated Mortgage Note dated as of November 1, 2009 5. Security Agreement dated as of November 1, 2009 6. Mortgagor's Oath 7. Borrowers Statement for Loan Guarantees and Loan Insurance 8. Request for Endorsement of Credit Instrument, Certificate of Mortgagee, Mortgagor and General Contractor 9. Partner's Certificate 10. Escrow Agreement Unpaid Construction Costs, Repairs Or Needs Assessment Repairs 11. Amended and Restated Master Subordination Agreement and Estoppel Certificate B-1 EXHIBIT C Housing and Redevelopment Authority for City of Eden Prairie—CDBG Loan Documents 1. Project Management Agreement 2. Community Development Block Grant Note ($187,524.00) 3. Mortgage and Addendum to Mortgage dated February 13, 1998, filed February 20, 1998, as Document Nos. 6853087 (Abstract) and 2889814 (Torrens) 4. Amended and Restated Master Subordination Agreement and Estoppel Certificate B-1 EXHIBIT D Family Housing Fund Loan Documents 1. Construction Loan Agreement 2. Promissory Note ($200,000.00) 3. Combination Mortgage, Security Agreement and Fixture Financing Statement dated February 13, 1998, filed February 20, 1998 as Document No. 2889815 (Torrens) 4. Assignment of Rents and Leases dated February 13, 1998, filed February 20, 1998 as Document No. 2889816 (Torrens) 5. Assignment of Construction Contract 6. Assignment of Architect's Contract 7. UCC-1 Financing Statement 8. Funding Agreement 9. Certificate of Total Project Cost 10. Certificate of Total Funding Sources 11. Request for Notice of Foreclosure 12. Amended and Restated Master Subordination Agreement and Estoppel Certificate C-1 EXHIBIT E Housing and Redevelopment Authority for City of Eden Prairie—LHIA Loan Documents 1. Local Housing Incentives Account Promissory Note ($300,000.00) 2. Mortgage and Addendum to Mortgage dated February 13, 1998, filed February 20, 1998 as Document No. 6853091 (Abstract) 3. Amended and Restated Master Subordination Agreement and Estoppel Certificate F-1 OPPENHEIMER:2742812 v04 11/09/2009 ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 20, 2009 CITY CENTER 5:30—6:25 PM,HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson 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 Lotthanmer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II Council Member Nelson was absent I. POINT OF SALE INSPECTIONS Building Inspections Manager Kevin Schmieg and Fire Chief George Esbensen presented a PowerPoint on point of sale inspections (also known as truth in housing)programs. Schmieg said City staff's vision is to proactively develop property maintenance codes to decrease the risk of blight and maintain property values. To date, the City has adopted a rental housing inspections code and an exterior maintenance code. As a next step, staff is recommending consideration of a point of sale inspection program. Schmieg said the age at which buildings begin to rapidly deteriorate without proper maintenance is 25 years. The average single family home in Eden Prairie is 24 years old. Esbensen and Schmieg met with realtors from Edina Realty and Coldwell Banker to solicit their ideas and opinions about a possible point of sale program. Schmieg said many of the realtors said they see the potential value of such a program. Some expressed concern about implementing a program in the midst of a distressed housing market. The realtors identified Minneapolis, Bloomington, Golden Valley and Richfield as cities that have point of sale inspection programs they like. Reasons the realtors liked these cities' programs included web access and electronic accessibility of permit history and inspection information sheets. Realtors said they would like to see a number of features included in any point of sale inspection program: • An appeals process • Time frames for inspection certificate issuance • Requirements for posting of inspection reports • No delays due to the inspection process • Requirements that banks comply with the process • A cap on the value of repairs based on set percentage of property value • Inspections completed before listing • The ability to negotiate repairs between the buyer and seller Schmieg said one reason to proceed with a point of sale code amendment despite the distressed market is that distressed sellers are less likely to make necessary repairs before putting a home on the market. He said the program would be fully funded through user fees. Fees in other cities range from $75 to $250 per inspection. Mayor Young said he does not believe implementing this program in the current economy is a good idea. Duckstad said a smaller scale pilot program might be advisable at this time. Young said he does not know how such a pilot program would be implemented. Esbensen said that with the high level of distressed or short sales, the City has no way to intercede once substandard properties are sold. Case said he is leaning toward favoring the program. He said perhaps the program could be introduced in steps, with more lenient regulations being implemented first. Council Member Aho asked if the program would be staffed in-house and what kind of fees would be required to cover the costs. Schmieg said he anticipates roughly 2,500 point of sale inspections per year, which would require one full-time employee. The program could pay for itself with a fee of around$50 per inspection. Because the city is experiencing reduced building activity, Schmieg said the program could be implemented without adding staff at this time. Aho asked where the line is drawn on what is okay and what is not, in relation to ordering improvements. Schmieg said the program would not cover internal aesthetics, such as painting, etc. Rather it would address serious structural issues, including leaky roofs, decking that is falling down, exposed wiring, etc. Case said this type of program gets at what he considers government's number 1 priority: The safety and protection of residents. Council Chamber II. CLOSED SESSION TO DISCUSS LITIGATION STRATEGY IN EMINENT DOMAIN CASE ENTITLED CITY OF EDEN PRAIRIE VS. KC PROPCO, LLC, ET AL (KINDERCARE) III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 20, 2009 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks & Recreation Director Jay Lotthammer, City Engineer Rodney Rue, 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 Girl Scout Troop 10914 for presenting the colors. III. OPEN PODIUM INVITATION IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item XIV.A.2. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. V. PROCLAMATIONS/PRESENTATIONS A. HENNEPIN COUNTY ATTORNEY UPDATE Hennepin County Attorney Mike Freeman gave a report on the activities of the County Attorney's office and crime in Eden Prairie. He said he is going to each community in Hennepin County to understand what is important to each community. His staff meets at least once a year with the Eden Prairie Police Chief and once with the School Superintendent. He reviewed some of the crime trends and problems facing the community. He said overall we are doing a much better job, and we understand the effort that needs to be taken to do the job. B. EDEN PRAIRIE FOUNDATION UPDATE Nancy Tyra-Lukens, representing the Eden Prairie Foundation, gave an update on the foundation's activities. She said the Eden Prairie Foundation has been around since 1981 and has given out nearly$1,000,000 in grants or scholarships. She said they are reviewing their by-laws and have been examining what the role of the CITY COUNCIL MINUTES October 20,2009 Page 2 Foundation is in the community. They have a collaborative committee working on determining how they can help the non-profit organizations in the community that have large fund-raising needs. They are seeking a grant to get initial funding for a part-time executive director. They have two main fund raising activities, the Century Club and the Foundation Ball which will be held on March 27, 2010, at the Marriott. VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6, 2009 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council Meeting held Tuesday, October 6, 2009, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SECOND READING OF ORDINANCE NO. 10-2009 FOR REZONING FROM OFFICE TO COMMUNITY COMMERCIAL (PRAIRIE PHYSICIANS BUILDING) C. ADOPT RESOLUTION NO. 2009-68 MODIFYING TAX INCREMENT FINANCING PLAN FOR TOWN CENTER PHASE ONE TAX INCREMENT FINANCING DISTRICT D. AUTHORIZING PROFESSIONAL SERVICES CONTRACT WITH KERN DEWENTER VIERE FOR AUDITING SERVICES FOR 2009 TO 2011 MOTION: Aho moved, seconded by Case, to approve Items A-D on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2009 SPECIAL ASSESSMENT (RESOLUTION NO. 2009-69) Neal said official notice of this public hearing was published in the October 1, 2009,Eden Prairie News and sent to eight property owners. He said each year the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of supplemental assessments for such things as contracted removal of snow. The total amount proposed to be assessed in 2009 is $1,887.53. There were no comments from the audience. CITY COUNCIL MINUTES October 20,2009 Page 3 MOTION: Case moved, seconded by Nelson, to close the public hearing for the approval of the 2009 Special Assessments, and to adopt Resolution No. 2009-69 approving all Special Assessments presented in the fall of 2009. Motion carried 5- 0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the Payment of Claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. CITY ATTORNEY-- CIVIL Neal said the Council is scheduled to award two legal services contracts at tonight's meeting and noted the background material for the two contracts is presented on the two goldenrod items. Neal said the City received one proposal in response to the RFP for civil legal services. That proposal was submitted by the incumbent Richard Rosow of Gregerson, Rosow, Johnson and Nilan. Mr. Rosow's firm has represented the City as its City Attorney for over three decades. Mr. Rosow has provided the City with wise legal counsel during his tenure as the City Attorney. Mr. Rosow's fee proposal for 2010 freezes his hourly fees at the same rates the City has paid in 2008 and 2009. He does not make a fee commitment for 2011 and 2012, but does not commit to seek City approval before adjusting fees in subsequent years of the contract. He said he recommends the City Council appoint Mr. Rosow as City Attorney for a three year time period beginning January 1, 2010. Duckstad said he agreed that Mr. Rosow has been an extremely good lawyer and has delivered excellent services. He was concerned that we received five bids for the criminal prosecution appointment but only one bid for this appointment. He thought it would be to the benefit of the Eden Prairie taxpayers to make an extra effort to seek additional bids so that we have some minimum measure of competition for the job. He asked if the Council would consider putting this vote off in order to make a further effort to invite additional bids from other law firms in the Twin Cities area. Nelson thought our RFP process did go out widely and continuing to advertise is expensive. She said she has been very happy with Mr. Rosow and believes our RFP process was valid. She also did not think now is the time to spend extra money to continue the process. CITY COUNCIL MINUTES October 20,2009 Page 4 Case agreed with Council Member Nelson, noting there is value both in quality relationships and also in staff time so he was prepared to vote on this tonight. Neal said he thought it was important that the City Council support a fair process. The Council was involved in laying out the process, determining how it would be distributed, and deciding when it would be brought back for approval. By extending the deadline we are putting the incumbent at a substantial disadvantage and would give others an unfair advantage in which to submit a proposal. Duckstad said he didn't realize there was a considerable expense for doing this, and he assumed that someone could simply re-contact the other law firms and ask them to reconsider. He was surprised that an account of this significance would not be of interest to a lot of lawyers in the metropolitan area, especially considering the economy. He thought a further effort would not be that expensive and would also serve the taxpayers well. Young thought it is important for us to step back and remember the process we just went through was a voluntary thing. We are not obligated to put service contracts up for bid,but he thought it was a good thing to do and shows transparency for our processes. During the course of the summer we extended the timeline so we had a lot of time for this process. He said it would not feel right to go back to the marketplace when we have a bid in hand. This is a relationship that is of value to the City Council, and he was glad that Mr. Rosow reapplied. He did not support the idea of doing a rebid on the RFP. Duckstad said it is obvious that the other members of the Council want to move ahead tonight so he was prepared to support the appointment of Mr. Rosow. MOTION: Case moved, seconded by Nelson, to appoint Mr. Ric Rosow as Eden Prairie City Attorney for a three-year period beginning January 1, 2010. Motion carried 5-0. B. CITY ATTORNEY-- PROSECUTION SERVICES Neal said they received five proposals in response to the RFP for criminal prosecution legal services. Proposals under this contract were asked to include a "capped fee" contract proposal, and the fixed fees proposed ranged from $180,000 to $240,000. The proposals received included one from the incumbent firm of Gregerson Rosow. He said Jennifer Inz has been our prosecutor for eight years and has given exceptional service to the City. He said there is an unusual situation this evening regarding Ms Inz in that she has been identified as the attorney that would be their lead prosecutor by two firms, Chestnut& Cambronne and Gregerson Rosow. He said staff is recommending the contract be awarded to Chestnut& Cambronne who proposed a fixed fee of$200,000, contingent upon Ms Inz joining their firm and being assigned as the prosecutor. Neal noted all five firms are qualified to provide prosecution services so staff looked at the intangibles to make a recommendation, and we have the highest comfort level with Ms Inz. CITY COUNCIL MINUTES October 20,2009 Page 5 Duckstad thought it was good that we got five bids on this project. He noticed the low bid was from Bonner&Borhart, and Pat Leach would be the prosecutor with that firm. He said he has known Mr. Leach for a long time, and he is a tremendous lawyer. He would have no problem supporting Mr. Leach, and we would get the best situation for our taxpayers because his firm submitted the low bid. Case said he could go along with either choice and noted Mr. Leach is Edina's prosecutor. He said in the 13 years he has been associated with the City he has great respect for our staff, so when the Police Department says they respect their working relationship with Ms Inz, he would defer to staff's recommendation even though the bid from Bonner& Borhart is somewhat lower than that of Chestnut& Cambronne. Aho said he also appreciates staff and believes they do a good job of making solid recommendations. He understood why they want to continue with a relationship that is working. He was a little concerned about the situation where Ms Inz is willing to work for either firm. He thought that was not a very comfortable situation and he would support the proposal from Bonner& Borhart, given the comfort level the City of Edina has with using Mr. Leach. Nelson said she understands we have a high prosecution rate with Gregerson Rosow, and Ms Inz has worked on a lot of committees. There isn't a huge cost difference and she would be willing to defer to the Police Chiefs recommendation. She noted she had a bit of a problem with one of the City Council Members recommending a friend over a recommendation from staff. Young said he didn't take that from Council Member Duckstad's comments. He thought we have a situation where we have five undoubtedly qualified applicants for the job. When we have no reason to believe any of them would provide a level of service different from what we expect, he didn't know why we would not go with the contract that offers the best price advantage to the City. It is purely a business decision as far as he was concerned, and he noticed that Bonner& Borhart's proposal included the cost of jury trials. Duckstad said he just wanted to point out that he was fortunate enough to know Pat Leach and considered that an opportunity to be in a position to make an evaluation. Case said this is not just a business decision, and there is also a philosophy piece involved. We have heard arguments that different prosecutors in other cities have a different philosophy about how they prosecute. He deeply respected the Police Department coming back and saying they feel comfortable working with an individual and, looking at the political piece of this, he did not think it was worth $20,000. He would stay with the Chestnut & Cambronne firm. Young asked if we have any reason to doubt the qualifications of Bonner& Borhart. Neal said at this stage of the process staff would not pass along any attorney or law firm we felt was unqualified to perform. They are all qualified, and their current clients like them all. He said they talked to police chiefs, city CITY COUNCIL MINUTES October 20,2009 Page 6 managers and patrol officers and did extensive reference checks with their current clients. He said staff's charge was to recommend to the Council what we thought was the best situation and cost is one element of that. He thought either one of these options is a good option. He would expect a prosecutor to take their cues on the philosophy of prosecuting from us with regard to such things as first time DUI offenders. From staffs view the lowest risk was to recommend Ms Inz because we know how to work with her. Nelson said we have been happy with the attorney we have, and she thought we should consider that fact very carefully. She didn't want to have the reputation that we always take the lowest bidder regardless of the level of service, and she thought we have some responsibility to continue excellent service. Aho said he is in the service business as well and he would not feel it was fair to his firm if his employee offered services both to his firm and another firm. Duckstad asked if staff has any reason to believe that Mr. Leach would not be willing to prosecute for the City of Eden Prairie in a manner that would accept and honor the philosophy we have here. Neal said he had no reason to doubt that Mr. Leach would be able to carry out the duties as we would want. MOTION: Duckstad moved, seconded by Aho, to award the 2010-2012 criminal prosecution contract to Bonner& Borhart. Motion carried 3-2-0,with Case and Nelson opposed. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Meeting with Lower Minnesota River Watershed District—Council Member Case Case proposed having a meeting with the Lower Minnesota River Watershed District. He understood the Watershed District has commissioned a report that may be presented in March of next year, so he thought a good time to have the meeting might be after the report is available in March. In the meantime he thought it might be good to have staff discuss with the Watershed District what they are including in the study to make sure the landfill is a component of the study. He thought it might also be necessary to be part of the study if staff recommends it after their discussion with the Watershed District. He said we have a Conservation Commission that is working on developing their annual work plan, and this is something that commission should be deeply involved with. He thought the Conservation Commission should do an investigative historical study so they can be brought up to date with the landfill situation. They may be the best group to raise questions to feed into the Watershed District study. CITY COUNCIL MINUTES October 20,2009 Page 7 Young thought having a dialogue with the Watershed District makes a lot of sense, and he also thought staff should work with the Conservation Commission on their work plan. Neal said staff is aware of the initiation of this study to be done by the Wenck and Stanley groups, and there will be an opportunity at some point in their study process for the Watershed District and the City Council to sit down and look at the report together and make some decisions. He said he will check with them to see what aspect the landfill is playing in their report. He said he would envision the Conservation Commission could handle the landfill issues in the same way the Flying Cloud Advisory Commission handles airport issues. 2. Intersection at Hames and Valley View—Council Member Case Case said he was called by a School Board member who was concerned about the intersection at Hames and Valley View. There was a pedestrian injury recently and several car accidents have occurred at that intersection. They discussed what role the City and the School District could play in easing the situation at the intersection. He suggested that City staff get together with School District staff to see if there is a solution or a way to help ease that situation. Neal said staff could do that. B. REPORTS OF CITY MANAGER 1. Meeting Scheduling Policy Neal said the proposed meeting scheduling policy is not quite ready tonight and needs some more definition, so he suggested it be referred back to the Human Rights & Diversity Commission for further discussion at their next meeting. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Comprehensive Guide Plan Update (Resolution No. 2009-67) Jeremiah said the Council is being asked to adopt a resolution putting the Comprehensive Guide Plan update into effect. She said this document is meant to guide growth and sustainability in the City through the year 2030. She noted the update was a substantial interdepartmental staff effort led by our Planning Division and coordinated by Mike Franzen. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2009- 67 to put the 2008 Comprehensive Plan Update into effect. Motion carried 5-0. 2. 2010/2011 Human Services Review Committee Social Service Provider Funding Recommendations CITY COUNCIL MINUTES October 20,2009 Page 8 Young said he understood why there is an interest in having a decision on this before the budget discussion, but he also saw value in doing the budget as a whole. He suggested that this just be wrapped into the next budget discussion and asked when that will be held. Neal said the budget discussions will start on November 17 and a decision could be made on December 1. Case said he wanted to discuss from a historical perspective why we have made these recommendations before the full budget is approved. Neal said some of the organizations that seek these funds run on small budgets and our contract is a major piece of their budget. Many of them have financial cycles that begin January 1, and they have a level of anxiety that they might not find out what their status on funding is until December 15. He said this is more of a courtesy practice than anything else, and a decision that the Council could reserve for a later date. Duckstad said he agreed with the suggestion that we don't act on it tonight because it is already part of our proposed budget. He thought we should consider the whole budget as one package, and we have a Budget Advisory Commission(BAC) that is supposed to review any budgets sent to the Council and who have a duty to make a recommendation to us. He didn't think we should act on it now because we should not take any budget contingencies or proposals off the table. We have all kinds of things that are essential government services that are being looked at, and he didn't think these things fall into the area of essential services. Aho said he understood the desire of the non-profits to get the budget out as soon as possible, but in this economy it is important for us to look at our budget in totality. He was in favor of Mayor Young's proposal to view it later, and he thought December 1 gives them enough time to plan. It is the same thing as we put on ourselves as a city. Case said the budget is the single most important document and process that we take part in over the years we are in office. He said what is frustrating to him is that people do become known for their actions towards others and towards the least of us. If these groups weren't doing the work they do and government had to step in, it would cost us thousands of dollars more to provide these services. These are very low funded programs that supply tremendous service to the disadvantaged. He noted he was somewhat embarrassed to be up here tonight with a group that would not vote and consider these things to be off the table when we are putting such small amounts into services that go so far to meet such critical needs. Young said he did not contemplate a discussion on the merits of these services. He was only suggesting that we move this item to our budget discussion. He noted everyone involved in the budget process is on a calendar basis. CITY COUNCIL MINUTES October 20,2009 Page 9 Nelson said it seems in the past three years that we have passed an equivalent motion on a similar time frame. We are talking about changing a planning process for these groups which we can do, but it is a change. She also assumed the BAC has seen this already. We have a lot on our plate in December and we hope to keep the budget very level, but when the economic times are difficult these are the groups we expect to provide services for an ever-widening group of people. It is a difficult time to raise money for most groups, and we do ask these groups to partner in meeting needs. She would rather deal with this tonight since they can't be a part of the overall budget planning process like our City departments can. Young said it seemed to him we were cutting up part of a unified process by considering this tonight. Duckstad said he agreed with the original suggestion to put this off and consider it as part of the whole budget. That would give the BAC an opportunity to make a recommendation to us. Young said to him this was not an issue that needed to go to the BAC, but he wanted to defer our discussion of it. He said it was unclear to him why we got into the practice of making this funding recommendation before we vote on the budget. Jeremiah noted representatives of the agencies and the Manager of Housing and Community Services are present to answer any outstanding questions. MOTION: Duckstad moved, seconded by Aho, to continue the 2010/2011 Human Services Review Committee Social Service Provider funding recommendations to the November 17 meeting. Neal noted the first opportunity to make a decision on the budget would be December 1, and the last opportunity to approve it would be December 15. Rosow recommended that it be continued for discussion in conjunction with the entire budget. Duckstad withdrew the motion with the approval of Aho. MOTION: Duckstad moved, seconded by Aho, to continue the discussion in conjunction with the entire budget. Motion carried 3-2-0,with Case and Nelson opposed. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Hennepin Youth Sports Grant Proposals—Miller Park(Resolution No. 2009-70) 2. Hennepin Youth Sports Grant Proposal—Round Lake Skate Park (Resolution No. 2009-71) CITY COUNCIL MINUTES October 20,2009 Page 10 Lotthammer said the legislation to fund the new Twins stadium allows Hennepin County to grant assistance to communities to develop youth sports or recreation facilities. Local governments can apply for these funds, but the County requires a resolution authorizing staff to execute the application materials. Lotthammer said the first grant proposal is to install covered dugouts, replace scoreboards and add some other aesthetics to the fields at Miller Park. The Baseball and Softball Associations have come together to match the request to the County so that no City funds would be used. City staff would execute the application as well as the contracts if it were to be successful. Lotthammer said the second proposal is to replace the Round Lake Skate Park. He said this was programmed in for the 2010 CIP budget with additional funds from the Park Fund, but we would request another $100,000 from the County in order to do a complete renovation of the skate park. Nelson said she was a little concerned that the last time we got an offer from an organization the City ended up putting in more money than we planned to because the costs had gone up. She asked how we can be assured all of it would be covered by the grants and the organizations so the City wouldn't have to put in money. Lotthammer said that has not been the case in recent history. We would accept the donation from the associations so we would have money in hand prior to encumbering any funds. The Softball and Baseball Association offers are well within their current fund balances so they aren't relying on raising funds to make the donations. Nelson said then this really is a situation where we will help them get the grant money and there won't be a potential for the City having to put in money. Lotthammer said he was confident no City funds would be expended for the Miller Park proposal. Duckstad asked Mr. Lotthammer to explain why there would be money spent out of the Park Fund for the Round Lake proposal. Lotthammer said we had this project in the CIP in 2010 for partial repairs to keep it safe. This combination would be $35,000 from the CIP fund and $65,000 from the Park Fund and would leverage the $100,000 as a match from the County. Duckstad asked if this could be put off in light of the current economy. Lotthammer said repairs to it and some renovation work cannot be put off This would be a very good time to complete it and have it in service for the next 15-20 years. Young thought we are very close to having to close down the skate park if we don't do something to it. Lotthammer said times have changed in the skating world, and the types of material used now will last far longer than the previous materials. CITY COUNCIL MINUTES October 20,2009 Page 11 MOTION: Case moved, seconded by Aho, to adopt Resolution no. 2009- 70 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Miller Park baseball and softball field improvements. Motion carried 5-0. MOTION: Aho moved, seconded by Nelson, to approve Resolution No. 2009-71 authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Round Lake Skate Park improvements. Motion carried 5-0. 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: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:37 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Eden Prairie Hockey Association Place: Eden Prairie Community Center Date: February 20, 2010 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Jay Lotthammer, Professional Services Agreement for Parks and Recreation Director Miller Park Barrier Free Play Area Requested Action Move to: Approve the Professional Services Agreement with Brauer and Associates, Ltd., for design services for Miller Park Barrier Free Play Area. Synopsis This agreement covers the next phase of redevelopment of the barrier free play area at Miller Park. The funding for this project is budgeted in the 2010 Capital Improvement Plan. The agreement engages Brauer and Associates to complete and implement design development, construction documents, bidding procedures, and construction observation for the next phase of improvements at the Miller Park Barrier Free Play Area. Staff has previously worked with architects from the landscape architecture firm of Brauer and Associates, LTD, the Parks, Recreation and Natural Resources Commission and Mike Garvin to construct a master plan for the play area. The master plan breaks the project into several phases and insures that all phases work together or stand alone if future phases need to be modified. The first two phases of the master plan has been completed. There is a significant area on the east side of the play area that is extremely deteriorated and is in urgent need of replacement. This area will integrate with the recently remodeled area along with the structure in the middle that has several years of useful life remaining. Background The play structure at Miller Park is over 14 years old. Mike Garvin, a resident of Eden Prairie approached staff with the offer to contribute funds towards the Miller Park play structure to help make the structure more accessible and as "barrier free" as possible. Miller Park is one of three community parks and receives a higher amount of use than neighborhood parks and smaller play structures. Over the past several years, staff has maintained the equipment by replacing parts that were damaged, broke or in an unsafe condition. Many of the replacement parts are no longer available due to the age of the equipment. Money was budgeted and approved as a part of the Capital Improvement Plan for replacement of portions of the play structure. Staff will continue to work with the Parks, Recreation and Natural Resources Commission and the Garvin Family to refine the design plans and implement the next phase of redevelopment. Attachment Brauer&Associates Professional Services Proposal 10417 EXCELSIOR BOULEVARD SUITE NUMBER ONE BRAUER & ASSOCIATES, LTD. HOPKINS, MN 55343 LAND USE PLANNING AND DESIGN TEL: 952-238-0831 FAX: 952-238-0833 November 3,2009 City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 Attn: Jay Lotthanvner,Director of Parks and Recreation RE: Professional Services Proposal—Miller Park Tot Lot Improvements(phase 3) This letter proposal outlines a scope of service,fee schedule,and other elements which,if approved, constitutes an Agreement between the City of Eden Prairie,herein referred to as the OWNER, and Brauer and Associates,Ltd., herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide professional services required to complete schematic design, design development,construction documents,bidding procedures,and construction observation for phase 3 improvements to the play area at Miller Park, located within the City of Eden Prairie,hereinafter referred to as the PROJECT. Specific services shall include: A. SCOPE OF SERVICES—Schematic Design Services 1. Schematic Site Concepts: Based on what has already been implemented from the approved masterplan and the budget available for this phase,the CONSULTANT will review and refine the site layout options at a schematic design level (similar in level of detail to the work we did for Staring Lake Park earlier this year) CONSULTANT anticipates that some of the spatial arrangements for features to develop may be adjusted in a few different manners and will explore these options with the OWNER prior to moving forward with design development or construction documents. 2. Based on direction from the OWNER in the step above,the CONSULTANT will prepare the preferred plan for the improvements for this phase of work.This preferred plan will represent the design solution that best responds to the needs and desires of the OWNER while remaining within their ability to fund improvements. A preliminary cost estimate shall be prepared for the park improvements along with potential alternate bid items. B. SCOPE OF SERVICES—Design Services-Design Development and Construction Documents 1. Design Development:Based upon the approved Schematic Planning work performed in paragraph A (above)and a construction budget of$370,000(not including fees): a. The Design Development for the improvement items and areas for this phase of work shall include the preparation of written text,plans and other drawings necessary to describe the design,materials, colors,and textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. b. A preliminary engineer's estimate of the cost of these improvements shall be prepared from these documents. From this estimate the OWNER shall determine/confirm which of the improvements shall be included in this phase of design, (Construction Documents). Brauer and Associates,Ltd. Page 1 of 3 Prof 1l08-22 H:IDOCSPROMOTIONAL,PROMO-PROPOS4LS,20091Eden Prairie-Miller Park ph34miller park ph 3 cds PSP.doc 2. Construction Documents: Clearly define the extent of the work, construction standards and techniques, and general guidelines/administrative provisions necessary for bidding/quoting and construction purposes and includes: a. Preparation of final construction drawings(plans)for the facilities listed in the design development program and approved for inclusion in this phase of the work and to be completed by the contractor. b. Preparation of project specifications which define the general conditions and technical specifications for the project based upon City of Eden Prairie Standard Specification. c. Coordinate and interface with other consultants,if required, on all issues to insure that all facets of the work are covered,that responsibilities between consultants are clear and that the fmal construction documents are comprehensive. d. Defining bidding/quoting procedures and award of contract procedures. e. Meeting(s)with staff for project review and discussion of relevant issues and concerns. C. SCOPE OF SERVICES-Bidding Services: Oversight of the bidding/quoting process and selection of contractors.This includes: 1. Administration of project bidding/quoting,including pre-bid meeting, general correspondence,and preparation of all addenda as necessary.Review and audit of bids/quotes received and recommendation of contractor. D. SCOPE OF SERVICES-Observation Services: Project administration and observing construction progress.This includes: 1. Administration of contract,including preparation of the contract,work scheduling,application for payment forms,certificate of payment forms, change order forms,substantial completion forms,final payment forms,etc. 2. Administration of pre-construction meeting to review the project elements and clearly define the OWNER's expectations as to the quality of construction, dealing with problems that may arise,timeliness, etc. 3. Site observation on an as-needed basis for the duration of the construction to ensure that the design intent of the plans and specifications is being met.Preparation of field reports as necessary to document specific issues and areas of concern.Review shop drawings and testing requirements/procedures. 4. On-going correspondence/field meetings with staff and contractor for purposes of reviewing construction progress and discussion of pertinent issues,concerns and upcoming construction. E. FEES-The fee for the services listed above shall be billed as follows: 1. The fee for Scope of Services paragraph A., (Schematic Design Services),shall be an hourly estimated fee of Three Thousand Five Hundred Dollars, ($3,500.00),plus direct expenses billed at 1.1 times cost. 2. The fee for Scope of Services paragraphs B.&C.,(Design Services-Design Development& Construction Documents and Bidding Services), shall be an hourly estimated fee of Thirty Thousand Five Hundred Dollars,($30,500.00),plus direct expenses billed at 1.1 times cost. 3. The fee for Scope of Services paragraph D.,(Observation Services),shall be an hourly estimated fee of Ten Thousand Five Hundred Dollars,($10,500.00),plus direct expenses billed at 1.1 times cost. 4. Fees for Additional Services requested by the Owner shall be billed hourly according to the following rate schedule. Brauer and Associates,Ltd's 2009 Hourly Rate Schedule Principal $110.00/Hour L.A.Professional III $82.50/Hour L.A.Professional II $71.50/Hour L.A.Professional I $55.00/Hour Brauer and Associates,Ltd. Page 2 of3 Proj.#08-22 H:IDOCY PROMOTIONAL IPROMO-PROPOSALS120091Eden Prairie-Miller Pork ph3lmrller park ph 3 cdc PSP.doc F. OWNER'S RESPONSIBILITIES-The fees listed above assume that the City of Eden Prairie shall be responsible for the following items: 1. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel,advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as,but not limited to,title opinions,interpretations of agreements, covenants and laws affecting the PROJECT,advice and assistance in processing applications, review and preparation of PROJECT agreement documents,participation in presentations to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. Providing the CONSULTANT with an accurate base map illustrating all property lines,property corners, easements,rights of way and other legal issues,existing utilities,vegetation,pavement,curbing, and other surface materials.This survey should also include 1 foot contour elevations and spot grades,as well as a permanent bench mark.This base map shall be provided to the consultant in AutoCAD or compatible format. 4. Providing all soils engineering/borings and engineering geotechnical testing required for the project. 5. All additional fees and expenses required to prepare and submit for any federal,state agency, or local permitting,plan review,etc. for the project. The OWNER hereby contracts for the Services outlined in this Agreement. IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement,this day of ,20Q / Brauer and Associates,Ltd. 10417 Excelsior Blvd. Suite One Hopkins,Minnesota 55343 son L.Am e ,Vice President Accepted by: City of Eden Prairie 8080 Mitchell Road Eden Prairie,Minnesota 55344 (Signature) (Printed Name of Responsible Owner Rep.) Brauer and Associates,Ltd. Page 3 of 3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Stuart A. Fox, Parks &Natural Resolution Authorizing Acquisition of Resources Manager Tax Forfeited Lands Requested Action Move to: Adopt Resolution authorizing the disposal of two parcels of tax forfeited land by Hennepin County. Synopsis Hennepin County Taxpayer Services staff has notified us that there are two parcels of land within the city that are now considered tax forfeited property. These parcels are listed on Non- Conservation List No. 1493 C/NC. These properties have been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. Staff is recommending conveyance of both parcels to the City of Eden Prairie. As provided in State Statute 282, Hennepin County has requested the City to make a recommendation as to the disposal of these land parcels. The City has the option to approve a parcel for public auction, approve a parcel for sale to an adjacent property owner, withhold a property from auction for one year, or request conveyance of the property to the City for a designated public use. The parcels of property are described as follows: Parcel PIN Description Pending Specials 1 04-116-22-24-0021 OUTLOT A 0 KAKACH FIRST ADDITION 2 16-116-22-44-0030 OUTLOT A 0 VILLAGE WOODS FIRST ADD Background Parcel No. 1 is a 21,332.0 square foot(.49 acre)parcel of land that lies between Addie Lane and homes on Kurtz Lane. It is a parcel of land that was created in 1973 with the approval of Kakach Addition. The property is low lying and contains area that is classified as wetland. The City of Eden Prairie owns the adjacent land parcel to the west which contains a storm water utility pond as well as a parcel across the street. Parcel No. 2 is a 47.5 square foot(.001 acre)parcel of land that lies adjacent to the road right of way for Hiawatha Ave. and a park parcel that has a bituminous bike trail for neighborhood access to Pheasant Woods Park. The parcel is very small and covered with turf grass. Resolution Authorizing Disposal of Tax Forfeited Land November 17, 2009 Page 2 Recommendation Staff has reviewed theses two parcels and there location information and recommend that the City Council request conveyance of Parcel#1 for Wetland Conservation and Parcel#2 for Park Use. Attachments • 1493 Conservation/Non-Conservation List • Resolution • Parcel Maps CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- RESOLUTION AUTHORIZING THE DISPOSAL OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin Conservation/ Non-Conservation List#1493 C/NC, which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282, the City Council is asked to determine the disposal of these parcels of land; and WHEREAS, the City can approve the parcels for public auction, or approve sale of the parcels to adjacent landowners, or request conveyance to the City for public use without monetary consideration, or request that the parcel be withheld from public auction for one year. NOW, THEREFORE,BE IT RESOLVED that the City of Eden Prairie does request the Board of Hennepin County to approve the disposal of these two parcels in the following way: Parcel to be conveyed to the City of Eden Prairie for wetlands - PIN 04-116-22-24-0021 with no pending special assessments Parcel to be conveyed to the City of Eden Prairie for park use— PIN 16-116-22-44-0030 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 17th day of November, 2009. Philip Young, Mayor ATTEST: Kathleen Porta, City Clerk 1493 Conservation/Non-Conservation List Property ID Number Target Previous Owner Special Property Address Area Date of Judgment Land Value Market Assessments Legal Tenants Property Type C/NC Yes/No Date of Forfeiture Building Value Value Before Forfeiture Description Vacant (as of 10/05/09) (61) City of Eden Prairie 16 116 22 44 0030 No ZACHMAN HOMES 200 200 0.00 Vacant Land 61 ADDRESS 04117106 UNASSIGNED Non-Conservation 07/09/09 OUTLOT A VILLAGE WOODS FIRST ADDITION 04 116 22 24 0021 No J&L KAKACH 3,000 3,000 0.00 Vacant Land Possible Wetlands 817-W?? 61 ADDRESS 04/17/06 UNASSIGNED Non-Conservation 08/20/09 OUTLOT A KAKACH FIRST ADDITION 20 City of Eden Prairie 1r� r } r !" Kc• Legend • ! Y Highlighted Feature r I. '' _•.L tr �IA: .:71 .s Hausa Numbers • '� :::: tc' t Names 'f' 0 els ' _ _ Mrial Photo M1 n rZx�. 24 1 r?r .: if C r��y .,-1R •x' r r , Orf ys, • 22 ed A k ,,, ,� I. ar - ,z "V . ' / ' t _; . ler .. , 'K .,.., . •r ,. . fr.` • Oht. lo, # , G ,`�'' a K. . .....00 ate = Villii\- 14) . , 4,44 .---- .,.. ... .....00, \ n . . C' 4. .� i +ryS31 4 • G w 1bk 44. .� "` PID: 0411622240021 NIN Eden Praire, MN 55346 EDEN ,_411.4 ...IPRAIRIE City of Eden Prairie �•, ► i..''. Legend �^ " - + 'A. t - s Highlighted Feature ,otilik F• x '`• A' House Humber .a ; r - . -., t - 4 Sveets r.:, r i x F . I .r - - Street Names 710' - n f' - . • . s. O Parcels `• 200B AeNil Photo 6`7.., %int,. 4 7 r► y . 4,.......i... v ` Pheasant Woods Park 401 ,414...... h .- e c ..` l a ir 2'�._3 raid p� �� �'� PI) ill tai -1>i, r y •a • 4.)144. \ PID: 1611622440030 x❑ 1 'Eden Praire, MN 55347 EDE h I i I i 1 ■ I N_____ CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 09-5754 ITEM NO.: VIII.D. Mary Krause Award Contract to Minger Construction, Public Works/Engineering Inc., for Bent Creek Golf Course Storm Sewer Improvements Requested Action Move to: Award Contract for Bent Creek Golf Course Storm Sewer Improvements to Minger Construction Inc., in the amount of$85,969.95. Synopsis Quotes were received on Tuesday,November 10, 2009 for the Bent Creek Golf Course Improvements. Three quotes were received and are tabulated as follows: Minger Construction, Inc. $85,969.95 Machtemes Construction, Inc. $88,910.00 Parrott Contracting Inc. $95,730.00 Staff has reviewed the bids and recommends awarding the contract for the project to Minger Construction, Inc. Background Information The Bent Creek Golf Course Drainage Improvements include the removal and replacement of existing public corrugated metal storm sewer piping that has corroded and separated that is located within the Bent Creek Golf Course adjacent to Mitchell Road and south of the PDQ store. The storm sewer was initially installed in the early 1980's. The piping will be removed and replaced with new storm sewer piping. In addition, accumulated sediments will be removed from two inlets into the pond as well as from the discharge drainage swale. Financial Implications The funding for these improvements will be funded from the Storm Water Utility Fund. Attachment • Bid Tabulation • HTPO Recommendation Letter Zwlp p I Engineering Surveying Landscape Architecture 1 I ! November 11,2009 Ms. Mary Krause City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Quotes for Bent Creek Golf Course Drainage Improvements Dear Ms. Krause, Quotes were received and opened at 12:00 p.m. on Tuesday, November 10, 2009, for the above referenced project. The quotes are shown on the attached Summary of Quotes and Tabulation. The alternate unit prices for corrugated steel pipe were higher than HOPE pipe. Recommendation is made that HOPE pipe be used for this project. The Engineer's Estimate for this project was $89,930.00. The low quoter, Minger Construction, Inc., came in 4% below the Engineer's Estimate with a quote of$85,969.95. Recommendation is made that the City Council award the above referenced project to Minger Construction, Inc. in the amount of S85,969.95. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc, Adam Pawelk,E.I.T. 7510 Market Place Drive Design Engineer Eden Prairie, MN 55344 952-829-0700 Enclosures 952-829-7806 fax www.htpo_com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF QUOTES City of Eden Prairie DESCRIPTION: Bent Creek Golf Course Drainage Improvements BID OPENED: November 10, 2009 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Contractor Total Quote Total Quote with Alternate Minger Construction, Inc. $85,969.95 $93,418.97 Machtemes Construction, Inc. $88,910.00 $93,026.00 Parrott Contracting, Inc. $95,730.00 $101,015.50 Quote Tabulation 11-10-2009 Bent Creek Golf Course Drainage Improvements City of Eden Prairie Engineer's Estimate Minger Construction,Inc. Machtemes Construction Inc. Parrott Contracting Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE 1 Mobilization 1 Each $5,000.00 $5,000.00 $6,100.00 $6,100.00 $1,000.00 $1,000.00 $4,500.00 $4,500.00 2 Clear&Grub 1 Lump Sum $3,500.00 $3,500.00 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $2,300.00 $2,300.00 3 Pavement Removal(Includes Sawcut) 140 Sq.Yd. $3.00 $420.00 $7.00 $980.00 $4.00 $560.00 $6.50 $910.00 4 Remove&Replace Fencing 1 Lump Sum $500.00 $500.00 $1,475.00 $1,475.00 $500.00 $500.00 $500.00 $500.00 5 Remove Storm Sewer 460 Lin.Ft. $4.00 $1,840.00 $5.50 $2,530.00 $15.00 $6,900.00 $12.00 $5,520.00 6 Remove Storm Structures 2 Each $400.00 $800.00 $245.00 $490.00 $400.00 $800.00 $500.00 $1,000.00 7 Rock Construction Entrance 1 Each $1,000.00 $1,000.00 $840.00 $840.00 $800.00 $800.00 $1,200.00 $1,200.00 8 Street Sweeping 10 Hour $100.00 $1,000.00 $200.00 $2,000.00 $175.00 $1,750.00 $110.00 $1,100.00 9 Silt Fence,Type Machine Sliced 75 Lin.Ft. $5.00 $375.00 $5.15 $386.25 $3.00 $225.00 $6.00 $450.00 10 Flotation Silt Curtain 100 Lin.Ft. $15.00 $1,500.00 $12.00 $1,200.00 $15.00 $1,500.00 $12.00 $1,200.00 11 Tree Protection/Construction Fence 500 Lin.Ft. $3.00 $1,500.00 $0.90 $450.00 $2.00 $1,000.00 $6.00 $3,000.00 12 BioRoll Blanket System Ditch Check 110 Lin.Ft. $10.00 $1,100.00 $3.85 $423.50 $4.00 $440.00 $9.00 $990.00 13 Pond and Channel Excavation-Level 3 Materials 100 Cu.Yd. $100.00 $10,000.00 $67.40 $6,740.00 $45.00 $4,500.00 $51.50 $5,150.00 14 Bituminous Path 140 Sq.Yd. $25.00 $3,500.00 $42.25 $5,915.00 $30.00 $4,200.00 $35.00 $4,900.00 15 72"Storm Manhole with Frame&Cover 1 Each $5,500.00 $5,500.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $5,100.00 $5,100.00 16 27"Catch Basin with Frame&Grate 1 Each $1,000.00 $1,000.00 $1,400.00 $1,400.00 $1,200.00 $1,200.00 $1,650.00 $1,650.00 17 12"HDPE Storm Pipe 186 Lin.Ft. $15.00 $2,790.00 $30.80 $5,728.80 $25.00 $4,650.00 $26.50 $4,929.00 18 42"HDPE Storm Pipe 281 Lin.Ft. $35.00 $9,835.00 $73.40 $20,625.40 $60.00 $16,860.00 $57.00 $16,017.00 19 12"Galvanized Flared End Section w/Trashguard 1 Each $800.00 $800.00 $750.00 $750.00 $400.00 $400.00 $200.00 $200.00 20 42"Galvanized Flared End Section w/Trashguard 1 Each $3,000.00 $3,000.00 $2,750.00 $2,750.00 $1,900.00 $1,900.00 $950.00 $950.00 21 Sand-Gravel Pipe Bedding 400 Ton $15.00 $6,000.00 $0.01 $4.00 $15.00 $6,000.00 $13.00 $5,200.00 22 Binder Stone Pipe Bedding 400 Ton $25.00 $10,000.00 $0.01 $4.00 $25.00 $10,000.00 $31.00 $12,400.00 23 Random Riprap CL III w/Geotextile Fabric,Type IV 8 Cu.Yd. $90.00 $720.00 $104.00 $832.00 $100.00 $800.00 $95.00 $760.00 24 Random Riprap CL IV w/Geotextile Fabric,Type IV 60 Cu.Yd. $100.00 $6,000.00 $104.00 $6,240.00 $100.00 $6,000.00 $90.00 $5,400.00 25 Topsoil,Seed(Modified MnDOT Mix 270),&Mulch 1.2 Acre $3,000.00 $3,600.00 $1,290.00 $1,548.00 $1,000.00 $1,200.00 $2,500.00 $3,000.00 26 Topsoil,Seed(BWSR Mix U11) 0.2 Acre $3,000.00 $600.00 $1,290.00 $258.00 $3,500.00 $700.00 $2,500.00 $500.00 27 Topsoil Placement/Fine Grading for Fairway 0.1 Acre $10,000.00 $1,000.00 $26,250.00 $2,625.00 $10,000.00 $1,000.00 $2,500.00 $250.00 28 Sod including Topsoil 210 Sq.Yd. $5.00 $1,050.00 $4.20 $882.00 $4.50 $945.00 $6.00 $1,260.00 29 Erosion Control Blanket,Category 6 840 Sq.Yd. $5.00 $4,200.00 $4.70 $3,948.00 $7.00 $5,880.00 $4.10 $3,444.00 30 Irrigation System Repairs 1 Lump Sum $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 31 Perforated Standpipe and Sand Cone Filter 1 Each $800.00 $800.00 $1,145.00 $1,145.00 $1,200.00 $1,200.00 $450.00 $450.00 Total Quote $89,930.00 $85,969.95 $88,910.00 $95,730.00 Alternate Unit Prices Engineers Estimate Minger Construction,Inc. Machtemes Construction Inc. Parrott Contracting Inc. ITEM UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE 21 12"Corrugated Steel Pipe 186 Lin.Ft. $25.00 $4,650.00 $31.72 $5,899.92 $29.00 $5,394.00 $30.00 $5,580.00 22 42"Corrugated Steel Pipe 281 Lin.Ft. $50.00 $14,050.00 $99.30 $27,903.30 $72.00 $20,232.00 $73.50 $20,653.50 Subtotal $18,700.00 $33,803.22 $25,626.00 $26,233.50 Total Quote with Alternate $96,005.00 $93,418.97 $93,026.00 $101,017.50 HTPO 09-011 11/11/2009 CITY COUNCIL AGENDA DATE: SECTION Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Rod Rue Approve Resolution Terminating a Joint Public Works/Engineering and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Through a Regional Mutual Aid Association Requested Action Move to: Approve a resolution withdrawing and terminating a Joint and Cooperative Agreement for use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. Synopsis The attached resolution officially withdraws and terminates the City of Eden Prairie from the Joint and Cooperative Agreement for Use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. The City can still provide mutual aid to other cities through existing state statutes rather than the Joint Powers Agreement Background Information In 1984, the City of Eden Prairie entered into a Joint Powers Agreement with numerous other metro cities to provide mutual aid assistance of public works equipment. State laws have subsequently changed, making this Joint Power Agreement unnecessary. Our insurance carrier, The League of Minnesota Cities Insurance Trust(LMCIT) is recommending that all participating cities withdraw from and terminate this Joint Powers Agreement. Attachments • Resolution • Joint Power Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2009— WITHDRAWAL AND TERMINATION FROM THE JOINT AND COOPERATIVE AGREEMENT FOR THE USE OF PERSONNEL AND EQUIPMENT DURING EMERGENCIES REGIONAL MUTUAL AID ASSOCIATION WHEREAS, the City of Eden Prairie desires to withdraw and terminate from the Joint and Cooperative Agreement for the use of Personnel and Equipment during Emergency Regional Mutual Aid Association approved in 1984; and WHEREAS, Article VI of the Agreement allows any party to withdraw at any time upon thirty (30) days written notice to the Secretary of the Regional Mutual Aid Association, who shall thereupon give notice of such withdrawal, and of the effective date thereof,to all other parties. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1) That the City of Eden Prairie shall withdraw from the Joint and Cooperative Agreement for use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. 2) That the City Manager is directed to submit written notice to the Secretary of the Regional Mutual Aid Association of the City's intent to withdraw from the Joint and Cooperative Agreement for use of Personnel and Equipment During Emergencies Regional Mutual Aid Association. ADOPTED by the Eden Prairie City Council on November 17, 2009. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk r4 R'' P4 '4' z:'•'' I' JOINT AND COOPERATIVE AGREEMENT OR USE OF • PERSONNEL AND EQUIPMENT DURING EMERGENCIES '';>.'' ( REGIONAL MUTUAL AID ?SSOCIATION • }.;; . I. PURPOSE The City/County recognizes that it has authority pursuant to the provisions of 2 ..: the Joint Exercise of Powers Act, Sec, 471.59, Minnesota Statutes, to enter into an '-;• ' agreement to jointly and cooperatively exercise a power common to each of the con- _,:. tracting powers, the result being to establish a regional Mutual Aid Association representative of the various communities with authority and responsibilities relat- ing to utilization of resources to counteract natural and man made disasters cor.•:on a';' ` to all communities, together with power and authority to implement such services as set forth. r":;:- , i`:` II, DEFI ]ITION OF TERMS '' for the purposes of this Agreement, the terms defined in this section shall :t17 -'. have the meanings given them. u, • . °,: Subd, 1, "Party" means a governmental unit which is a party to this Agreement. !:'"7 ;,: Subd. 2. "Eligible party" means a governmental or corporation unit which is -: entitled to become a party to this Agreement, at its own option. Y,— Subd. 3. "Requesting party" means a party which requests assistance front other • :; parties. :r,.. .. Subd, 4, "Responding party" means a party which provides assistance to a re- , ,.-:0.7 questing party w • ''74 S zbd. 5. "Assistance" includes personnel, materials and equipment. ,, -;: Subd. 6. "Requesting official" means person who has been designated by the M ',r;: ' requesting party to request assistance from other parties, • O ` Subd. 7, "Responding official" means the person who has been designated by a }. ' _ v ,• . . party to determine whether and to what extent that party should provide assistance to . - a requesting party. Sub;', "Emergency" means n sudden and unforeseen situationrequiring immediate action beyond the requesting partys' capab'..ity, 4 F~ 111. PARTIES , Subd. I. The parties to this Agreement shall consist of the members of the Re- i gional Mutual Aid Association, Upon the adoption of a resolution by its governing .1 ti - ` body, an excerpted copy of this Agreement shall be forwarded by the rz rbcr party ;o- Eether with a certified copy of the resolution authorizing the Agreement, s,. Su;d. 2 ;}:e Secretary of the Regional lM�utual Aid Association shall maintain a crtrrt t 1 z f , ' < elrrc, aen: and whcncvct' tl.erc is a �lrarti;e ir; the ' `'' st C the parties to thi p.p -ties to this Al,recn.ent, he shall notify the designated responding official of each of the parties of such change. ' i MY;. 1 ,,,y art w-.-: sue- ..,�q,-- ,,,,:,,4-wy,",r7",.,i!...f„.„(j,µ i w , rt'� r'��'-•• x' s� tv =.4-" .�'• .it.'.'t w i o.=. '� L C: .;.�t�s.t' :..p.._ '�" ,N.- }.•.. ... _.f...,.,2. . ri._•, ..*,f .. !.7% .Wt F';0.Y,. :^t'�: .:' � 4F i 4 IESI .:?3'I •'L ", ^}Y".a... , qy4 4 k" s f. Sutsd. 3, Upon joining the Regional Mutual Aid Association, the party shall '_•, r submit a list of their equipment to the Association Secretary. llsis equipment list • • t- ( shall be updated annually and submitted to the Association Secretary by Uccbmbcr 3lst of each year. r% ' SLbd. 4 The Association Secretary shall distribute the equipment lists to all z,- members. An equipment addendum sheet shall be distributed to all member parties by Y:` January 30th of each year. i %i" IV. PROCEDURE - r S:,bd. I. Each party shall designate, and keep on file with the Secretary of • the Regional Mutual Aid Association the name of the person of that party who shall r be its requesting official and responding official. A party nay desir:sate alte nate ,. officials to act in the absence of the primary official. Subd. 2. Mienevcr, in the opinion of a requesting official of a party, there , 4_, is a need for assistance from other parties to assist the requesting party, such re- questing official nay. in his discretion, call upon the responding official of any other party to furnish assistance to and within the boundaries of the requesting ``r party. it is the intention of the parties to this contract to cooperate in the event of an emergency by making available to a requesting; Party necessary or requested =.4 personnel, materials, and equipment (without undue gclay.) !L; Subd. 3. Upon the receipt of a request for assistance from a party, the respond- ing official for any other party may, suthori:e and direct the personnel of the res- ponding part.}' to provide assistance to the requesting party. Whether the responding; .e5 party shall provide such assistance to the requesting party and, if so, to what ex- "`1. tent such assistance shall be provided shall be determined solely by the responding SI official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed.) Failure to provide assistance will not result in liability to a party. <- Subd. .. )her, a r-esponding party provides assistance under the terms of this •' Agreement, it may in turn request assistance from other parties as "backup" during; the time that it is providing assistance o •.ide its boundaries. v Subd. S. Whenever a responding party has provided assistance to a requesting party, the responding official may at any time recall such assistance or any part thereof teethe responding party, if the responding official in his best judgment deems this ;s in the hest interest of his o n agency. Subd, G. When a responding party supplies equipment and personnel to a request- ing party, said equipment and personnel shall rema1n under the direction and control e. of the respcsdin : party; :hail be paid by the responding party; rh:s11 be protected F , by tlrc iit%r:r:rxl ' CoLTer ration of the responding party; and shall otherwise be deemed Lo be p r:c::.1r.F; their regul;sr duties for the rc:;po€ss:ins; party• I1o�evwr, tise res- lYJntil:tg }' mil �tllll r.vikrt:tl.e to r.ao t:l:€site 't+$t1r in. i'Cque t!h 1}aria tt€ti i'.ci t7174t ( which it prcv:.`.s• . The requesting party shall p:.ocitIe all routine fueling and cervit;- irli• Of rC "tC:fIt•nt: cgriip:::Crrt, matel.Ial: . and assume all costs thereof during; the a: if,t.+m;: ...•rvd. ] , -2- 7 17 r f fr • rf -r , `_ I _ +. ;�.yS. 41 ye °.:w..}�r 4. ..,-,.. .A -i .ir' '���idr " •ry -`i'^ • ry�rf 1,,S *ti a aes. s 1.�* � .,.tg-W . -�l•,tcy' r 5r i 'r '_'".',_ ,!?�a r'�8 .,.f % , -1-- .,—' •iIP ` L 3'� r t.r�• e...._. ..3 ry .'�:'Yusb"R.v�.: '�....rt'�Yec� 1 ''C ..�i� `.�. s'-"' � sxx-^�'f• �A� �• �h y1L,;.• � 'X...•cif %k'y� t r.. S"- . : `;' , :,. it' Subd. 7. A responding party shall be responsible for its man personnel, : '. equipment and materials and for injuries or death to an)y personnel. or damage to >-'r ;. any such equipment or materials, c..:cept that unused equipment and materials pro- -a:a vided by the responding party shall be returned to the responding party by the ='= requesting party when circumstances permit this to be done. The requesting and ; responding parties may review any equipment repaired to determine if such repair 'rt".`.' was directly related to the emergency operation. If mutually agreed that repairs _•, party. An dis- ;-,.: arc required, they shall be the responsibility of the requesting p. y. `'"•i.> agreement �•hich cannot be resolved by the responding and requesting parties should , ,gll be resolved .y a committee established from the Regional Mutual Aid Association. • • r., '` `, Subd. 8. The responding party shall maintain such records of the cost of z. :'Y'.;. labor, equipment and materials provided; and hours of worn; or operation as deemed = ' ; ,j. necessary for recovery of costs in the event the incident becomes eligible for _• . Federal or State Disaster Assistance. If declared eligible, these costs shall `� iq then be reimbursed by the requesting party in full or in a prorate share of •6 assistance provided, f: t ,., Stbd. 9. The requesting party shall not be responsible for any injuries, i '=' ` losses or damages to persons or property arising out of the acts of any of the . .if.' , personnel of a responding party, Nor shall the responding; party be responsible for ; injuries, losses or damages arising out of the acts of any of the personnel of • 7, the requesting party or the personnel of ,any other responding party. a ▪a tr ' 5and. 10. Technical service and assistance of non-emergency nature ay beai requested and/or provided by the parties to this Agreement. at* V. INSURANCE , Each party to this Agreement shall maintain insurance policies covering per- al :34.;� sonal and l,.ublic liability in the amountof not less thin $300,000 for each of the :rt. ;; above mentioned risks and Worker's Con;•rnsation for its personnel. Said policies =' shall cover damage or injury caused by ner :cent operation of its vehicles while w• ; i" operating under the terms cf this Agrcemc',, outside of its corporate limits or. a. 'aa ? contract areas. Each member shall furnish the association with Certificate ca. Insurance on the policies in force, or letter stating self insurance at said limits. ▪" VI. hili''l:t,h;A1. AND TERMINATION :q Any party may withdraw at any time upon thirty (30) days written notice to a.,i the Secretary of the Regional Mutual Aid Association; such n party may become a a. y. patty if later entering into this Agreement. The Secretary of the Regional Ft, Itato.1t At.; Association slut11 thereupon give notice of &uch with{.rawai, and of the ii effective u:1te ticerec,C, to all other p.rtir_:, as hereinbeforc provided. y .. Y' -3- -gin: .arm at _q. 19 I r„1^ } il VI I. EFFECTIVE DATE . • Sr.P l This Agreenent shall become effective on IN t 4+3IINESS 1�ll U Fr the undersigned, on behalf of their governmental unity 4� ' have executed this Agreement pursuant to authorization by the `�a of on the day of a r .'-98 .�. 3 I w\r. MirIUAL • CITY OF AID ASSDCIATIDN -▪ �'. By: By: 4 �'t : Presidant Mayor . �a-4 By: Date; Secretary w▪ ," i Eate r , k t CCO T Y OF REX CAN:7]DED BY: ,: '..•-, Arrt r: By: _ v - . .City r anager/Clerk `; , By:_ By: . n :- Chairman of County Board Director of Public Works/City Eng. ' Date: •.. 3 - Rom_'?=:t: BY: ' APERCI ED 1tiS TO D;EC]x'ION, a • •} ` ; By: By.; _ -� '"A CD ty Engineer County/City Attorney `r: s ;: M alto: Date: c i s ,t t F1'1.+_�. a CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Randy L. Slick Approve Encroachment Agreement for Public Works/Engineering Private use of Public Property Requested Action Move to: Approve Encroachment Agreement for Private use of Public Property. Synopsis The Encroachment Agreement between the City of Eden Prairie and Bearpath Homeowners Association addresses the encroachment of a privacy fence within the Dell Road right-of-way. Background Information The Bearpath Homeowners Association desires to maintain and reconstruct an eight foot privacy wall and fence in its current location around the perimeter of the Bearpath Community. The current arborvitae hedge is deteriorating due to salt spray but also age and needs to be replaced. As a condition of Variance 2009-05 dated August 10, 2009 the attached Encroachment Agreement is required. The City of Eden Prairie is willing to permit the privacy fence to remain in its current location within the Dell Road right-of-way. The Bearpath Homeowners Association accepts all cost associated with the reconstruction and future maintenance of the new privacy wall and fence within the Public Property. In addition they will obtain from the City all the required permits prior to any construction within the Public right-of-way. Attachments • Encroachment Agreement ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Agreement is made this 35-Iday of AP/feather , 2009, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the "City"), and Bearpath Homeowners Association, Inc. a Minnesota non-profit corporation (the "Owner"). RECITALS A. The Owner is the fee owner of property located in the City of Eden Prairie, Minnesota (the "Owner's Property"), legally described as follows: Outlot I, Bearpath Addition, County of Hennepin, State of Minnesota, according to the recorded plat thereof. B. The Owner's Property abuts Dell Road, a road dedicated to the public in the plat of Bearpath Addition (the "Road") which Road is depicted on the Plans attached hereto as Exhibit A (hereinafter the "Plans"). C. The Owner maintains a fence on the Owner's Property, which fence encroaches on the Public Property (the "Fence"). D. The Owner desires to maintain and re-construct the Fence in is current location. The City is willing to permit the Fence to remain in its current location as depicted on the Plans, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. PUBLIC PROPERTY. The Owner acknowledges that the Fence encroaches on the Road, which Road was dedicated to the public by the plat of Bearpath Addition and which must remain open to the public for public use. ON;215645 2. FENCE. Subject to the City's right to terminate this Agreement as provided elsewhere in this Agreement, the Owner may maintain and re-construct the Fence in its location as of the date of this Agreement for the remainder of the useful life of the Fence. Notwithstanding anything to the contrary contained in this Agreement, the City may terminate this Agreement on sixty (60) days written notice to Owner (the "Termination Notice"). Within sixty (60) days of the date of the Termination Notice, the Owner shall remove so much of the Fence as is necessary to remove the encroachment and to comply with any applicable setback requirements then in effect. The Termination Notice shall not affect the Owner's right to submit a petition to the City seeking a variance from the applicable setback requirements, which petition, if so submitted, will be considered by the City in accordance with the City's usual standards for granting or denying petitions for variances. The submission of such a petition shall not extend the 60-day time period for removing the Fence as required by this Agreement. The Owner shall not be permitted to increase the amount or scope of the encroachment. 3. MAINTENANCE. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the Fence as may be reasonably necessary to maintain the fence in good and aesthetic condition and repair. 4. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the Owner being allowed to continue the encroachment of the Fence on the Road, including, but not limited to, any claim asserted against the City as a result of this Agreement, the installation, placement, building, erection, maintenance, occupation or use of the Fence and/or failure of the Owner to maintain the Fence in such a condition as to prevent against injury to persons or property. 5. INSURANCE. Owner shall maintain a public liability insurance policy, naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 4 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. The Owner shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 4 and 6 of this Agreement. 6. WAIVER OF CLAIMS. The Owner acknowledges City's ownership of the Road and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of the Fence on the Road as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the negligence or willful misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands the terms of this Agreement. 7, CONDITION OF ROAD. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Road or its suitability for the uses permitted by this Agreement. 8. NO VESTED RIGHTS, This Agreement shall not constitute or be construed as creating or establishing any vested right of the Owner to the Road or area encroached upon. 2 9. Owner hereby agrees to the following additional conditions: A. The Fence shall be located as depicted in the Plans. B, An open fence design using wrought iron shall be used for the fence areas located within the right-of-way of Dell Road. C. Owner shall secure from City all required municipal permits prior to any construction within the Road including a right-of-way permit. D. Owner accepts all maintenance responsibility for the Fence and columns and all costs associated with its future removal or replacement. E. Owner shall provide a two (2) foot clear zone from the sidewalk or trail to the Fence for pedestrian and bicycle safety and to permit snow removal operations. F. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the Fence. G. The Fence and all work completed in relation thereto shall be in accordance with City's current standards and ordinances and other applicable laws and/or regulations. H. In addition to removal of the Fence under paragraph 2 hereof, If, for any reason as determined solely by City, the Fence interferes with City work in the Road or surrounding area, Owner at City's request and discretion shall cause the Fence to be temporarily or permanently removed and costs related thereto, including any cost to remove, replace or repair the Fence, shall be the responsibility of Owner. 10. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Notwithstanding anything to the contrary contained in this Agreement, the Owner and each successor owner of the Owner's Property shall be fully discharged and relieved of liability under this Agreement upon ceasing to own any interest in the Owner's Property; provided, however, that any obligations arising prior to cessation of ownership pursuant to Paragraph 4 of this Agreement shall not be discharged or released by the transfer of the Owner's or successor owner's, as the case may be, interest in the Owner's Property. 11. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Fence and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 12. RECORDING. The Owner shall cause this Agreement to be filed for record with the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter. 3 CITY OF EDEN PRAIRIE By Phil Young, Mayor By Scott H. Neal, City Manager BEARPATH HOMEOWNERS ASSOCIATION, INC. BY [INSERT NAME AND TITLE] STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2009, by Phil Young and Scott H. Neal, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) f e f ego g instrument was a ovule ged efore me this 3 day of 2009, by OreL�_e.{ the of Bearpath Homeowners Association, Inc. a Minnesota non-profit corporation on behalf of the corporation . ,11L-1G�.-,A1.�..�r� A .A. A_J4��C,. l.� A A UB C 4 ,"` ,;' Mindy J. McAuley :�' :. 4 Notary Public Minnesota My Commission Expires January 31,2011 -,., .,. -ar,r 4 This instrument was drafted by: Richard F. Rosow Esq. Gregerson, Rosow, Johnson & Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 Telephone: (612) 436-7477 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Police Department Resolution authorizing execution of grant Chief Rob Reynolds agreement for Safe & Sober Communities and Operation Night Cap Requested Action Move to: Adopt resolution declaring the City of Eden Prairie shall enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the projects entitled SAFE & SOBER COMMUNITIES, and Minnesota State Patrol for the project entitled OPERATION NIGHT CAP during the period from October 1, 2009 through September 30, 2013. Synopsis The resolution is needed in order to execute the grant agreement for the above mentioned programs. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BE IT RESOLVED that the Eden Prairie Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES, and Minnesota State Patrol for the project entitled OPERATION NIGHT CAP during the period from October 1, 2009 through September 30, 2013; and BE IT FURTHER RESOLVED that the Mayor and City Manager of Eden Prairie are hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Eden Prairie Police Department; and BE IT FURTHER RESOLVED that the Chief of the Bloomington Police Department is hereby authorized to be the fiscal agent and administer this grant on behalf of the Eden Prairie Police Department. ADOPTED by the Eden Prairie City Council on November 17, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: November 17, 2009 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Olympic Hills Chris Addition Planning Janet Jeremiah/Regina Herron Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to R1-13.5 on 1.24 acres and Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres; and • Adopt the Resolution for Preliminary Plat on 1.29 acres into 3 lots and road right of way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis This is for a three lot single-family development. The plan meets the requirements of the R1- 13.5 zoning district. Background Information The 120-Day Review Period Expires on January 22, 2010. Planning Commission Recommendation The Planning Commission voted 8-0 to recommend approval of the project at the October 12, 2009 meeting. Plans are revised according the recommendations of staff report and the Planning Commission. Attachments 1. Resolution 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Planning Commission Minutes Olympic Hills Chris Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009- RESOLUTION APPROVING THE PRELIMINARY PLAT OF OLYMPIC HILLS CHRIS ADDITION FOR STUART INVESTMENT, LTD BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Olympic Hills Chris Addition for Stuart Investment, Ltd. stamp dated October 26, 2009, and consisting of 1.24 acres into 3 lots and road right of way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 17th day of November, 2009. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Regina Herron, Planner II THROUGH: Michael D. Franzen, City Planner DATE: October 9, 2009 SUBJECT: Olympic Hills Chris Addition APPLICANT/ OWNER: Stuart Investment, Ltd. LOCATION: 9790 Franlo Road REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 1.24 acres 2. Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres 3. Preliminary Plat of 3 lots and road right of way on 1.29 acres Staff Report—Olympic Hills Chris Addition October 9, 2009 Page 2 BACKGROUND The Comprehensive Guide Plan shows this site and adjacent properties as Low Density Residential for up to 2.5 units per acre. The site is zoned Rural and R1-13.5. Surrounding zoning is and R1-13.5. PRELIMINARY PLAT The proposal is to plat the properties into three single-family lots. Lot size, dimensional and frontage requirements conform to the R1-13.5 zoning district. The proposed house pads meet City Code for R1-13.5 setback requirements. TREE LOSS There are no significant trees on the property. DRAINAGE A drainage and utility easement should be placed over the drainage swale within the backyards of Lots 1, 2 and 3 draining to the infiltration/water quality basin. The easement should be 10' wide centered on the drainage swale. In order to provide additional "usable"back yard area for Lots 2 & 3, a recommendation is to use a retaining wall in conjunction with grading to push the drainage swale closer to the south property line. UTILITIES City sewer and water is available to the property. STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Change from Rural to R1-13.5 on 1.24 acres. 2. Zoning District Amendment within the R1-13.5 zoning district on 0.05 acres. 3. Preliminary Plat of 3 lots and road right of way on 1.29 acres. This is based on plans stamp dated September 23, 2009, the Staff Report dated October 9, 2009 and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the drainage plan for Lots 1, 2 & 3, to use a retaining wall in conjunction with grading to push the drainage swale closer to the south property line. Staff Report—Olympic Hills Chris Addition October 9, 2009 Page 3 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. B. Pay all City sewer and water assessment and connection fees. 3. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the Cash Park Fee. Area Location Map - Olympic Hills Chris Addition Address: 9790 Franlo Road, Eden Prairie, MN 1110 Notthingham Trail *, I \ 1 4 . __--\ Niblick Lane -1. Air , , ‘ tli / SITE 1 Franlo Road 4. 41 Buckingham Drive 1 Cromwell Drive 4 Balsam Lane ES ESPioneer Trail \ se N Guide Plan Map Olympic Hills Chris Addition 9790 Franlo Road , Eden Prairie, MN 111111 :11111:1 1 Spoon9 � 4 Alli11 \ li Ridge I4AJI Niblick Lane ill NottinghamTrail ' 4/ 41111 ♦4 gillIllr 11 il Franlo Road"' ri 1111 idp SITE 4 0 i p 4 Alio • 4 as 1111��1� AN__in. 4114 . Buckingham Drive ill •, 141P—• 1 .11 4 mi .... hi ,,,,, , .. „lea" 0 1 404 itii ii 11 lop, 1 Cromwell Drive ' vie Els._ 1 is 4 0 al ssi ,,,,if EEI I 14 4 a II % Ess(ow * A 4 1 II N i Pioneer Trail OP al I huh !' ori,,,,,, - : 7 .; • . , 00 . iI ' o ' mIIuum _ . Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams %/A Low Density/Public/Open Space Community Commercial -Metropolitan Urban Service Line(MUSA) Medium Density residential 2.5-10 Units/Acre_ Regional Commercial 1 Principal Arterial Medium Density Residential/Office _ Park/Open Space A Minor Arterial ''i . . I.: .! MI High Density Residential 10-40 Units/Acre _ Public/Quasi-Public - B Minor Arterial E a E N Office Golf Course - Major Collector DATE Approved 03-19-03 DATE Revised 12-06-06 Office/Industrial _ Church/Cemetary DATE Revised 01-07-05 DATE Revised 03-01-07 i Minor Collector DATE Revised 11-07-05 DATE Revised 06-01-07 PRAIRIE ��/� Office/Public/Open Space Open Water DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 _ Industrial Right-Of-Way DATE Revised 06-23-06 DATE Revised 03-01-09 I Boundary i I6L.WORK•QA EAM Airport Bounda 0 E L®eommo1..r.2..a.7o.. ..,:;,...•7.A R; 0.25 l • Miles Zoning Map Location Olympic Hills Chris Addition 9790 Franlo Road, Eden Prairie MN I ilivir EW - - Olympic Circle /„, . IL :, Spoon Ridge I di Franlo Road mi j 44 _.- Niblick Lane] .<.,/...1 p•i I . milritii, 4 ...,� \1 Nottingham Trail Ail la SITE ] hig li --'.,,, OPIPIllir if' le4V r � 4,441114111114' 01„ ,./ , Cromwell Drive IL -,.. 410, ---..„ Buckingham Drive --„,, NL2, 4 *04 ( --,..... p, , 4. �1+ 1• 1..; al jr j+ �f EE3 al �-� `� - �_', Fp Es,3------,I i' /� ,,____ .... • . Pioneer Trail - ,... ..,. i ____ / / A it „esisif . --„,__,„,,... Cit `:. •fEsenPram - • •n M . Rural -Regional Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) ", , +,. , R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 -Neighborhood Commercial I Golf Course aseofdiscrepe yrelated oezonigclassificationon is zoning map,McONlnen a uve•wORK•CHenrn end attached legal desedphon on file at Eden Praise City Center will preval. -Community Commercial Water -Highway Commercial Right of Way 0 0.1 0.2 -Regional Service Commercial ••, Miles mmo.. ...P.rmn,.a•om ...U,a.mF,..m ,.. ,m, UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 12, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Siira Gunderson, City Attorney Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Martin, to approve the agenda. Motion carried 8-0. VI. PUBLIC HEARINGS Olympic Hills Chris Addition Location: Franlo Road and Niblick Lane Request to: • Zoning District Change from Rural to R1-13.5 on 1.24 acres. • Zoning District Amendment within the R1-13.5 zoning district on .05 acres. • Preliminary Plat of 3 lots and road right of way on 1.29 acres Stoltz asked Franzen to review the staff report. Franzen stated Staff recommendation if for approval based on recommendations on page 2 and 3 of the staff report. Stoltz opened the meeting up for public input. Lawrence Durand, President of Stuart Investment, stated they are requesting development of the property into 3 lots. Ken Tannerhill, of 10631 Niblick Lane, and Kent Terk, of 10500 Niblick Lane, approached together to make public comments. Mr. Terk asked if the 3 homes were going to be built in conjunction with the Covenant. He also asked, in regard to the outlot, how was this approved in the first place. Mr. Tannerhill pointed out the neighbors of GolfView Estates meets or exceeds value in the area and they want assurance it will continue with these three lots. Schultz asked these two gentlemen what they would like to have done with the property. Mr. Tannerhill and Mr. Terk said they would like to see two homes versus three homes built on the lot. Mike Adams, of 9720 Franlo Road, developer of the property, addressed the two questions. He said they intend to make these homes very nice. He pointed out access will be off of Niblick Lane. They also plan to have the best in landscaping. In regards to the three lots, Mr. Adams pointed out this area of land could potentially have four lots. They are bigger than most lots in Olympic Hills. In regards to the Covenants, they were drafted by him and he approved all the homes in the area. Schultz asked how the outlot was approved. Franzen stated there is no documentation in the files indicating why the outlot is there. MOTION by Lee, seconded by Lechelt, to close the public hearing. Motion carried 8-0. Lechelt asked if Franlo Road meets up to Prairie Center Drive. Rue said it does not; it is the same name road but a different road. Wuttke asked if the three lots meet the zoning requirements. Franzen stated they do meet the zoning requirements. MOTION by Wuttke, seconded by Martin, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 1.24 acres, Zoning District Amendment within the R1-13.5 zoning district on .05 acres and Preliminary Plat of 3 lots and road right of way on 1.29 acres based on plans stamped dated September 23, 2009, and the staff report dated October 9, 2009. Motion carried 8-0. CITY COUNCIL AGENDA DATE: November 17, 2009 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/Planning Janet Jeremiah Wal-Mart Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Zoning District Amendment in the Commercial Regional Service Zoning District on 16.86 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis Wal-Mart proposes to update its existing building and expand grocery sales. The project includes an expansion of the stores footprint to add a loading dock (1,624 sf) for the additional grocery deliveries, improvements to the front entry, a smaller parking lot, more green space, and sustainable features. Wal-Mart is also proposing to incorporate lighting, decorative pavement and other Town Center elements into the proposed remodeling project. Background Information The Wal-Mart site is guided Town Center. The Town Center category designates the land use for a mixed-use downtown area to be located near the center of the Major Center Area. The 120 acre area is to be redeveloped over time into a compact, walkable, vibrant, pedestrian oriented area. The MCA Study identifies 10 Sub Areas with specific recommendations for land use, density, and site coverage. Wal-Mart is located on the eastern edge of the "Town Center" of Sub Area 2. The MCA plan shows the Wal-Mart site as a mix land use with: • Mid Rise, 3-6 Story, 40-60 units per acre on the west side of the property. • Community Retail in the middle of the property • Medium Density(166 units)with Retail Ground level on the east side of the property. There is an existing Wal-Mart Store on the property of approximately 116,631 square feet with an approved expansion plan for 30,000 square feet according to a development agreement between Wal-Mart Stores , Inc and the City of Eden Prairie dated October 1, 1991. The 120-Day Review Period Expires on February 4, 2010. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project, based on the staff report dated October 23, 2009, at the October 26, 2009 meeting. Attachments 1. Staff Reports 2. Location Map 3. Land Use Map 4. Zoning Map 5. Aerial photo 6. Planning Commission Minutes STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: October 23, 2009 SUBJECT: Wal-Mart 2009 APPLICANT: Benham Companies FEE OWNER: Wal-Mart LOCATION: 12195 Single Tree Lane REQUEST: 1. Zoning District Amendment in the Commercial Regional Service District on 16.86 acres 2. Site Plan Review on 16.86 acres BACKGROUND There is an existing Wal-Mart Store on the property of approximately 116,631 square feet with an approved expansion plan for 30,000 square feet according to a development agreement between Wal- Mart Stores , Inc and the City of Eden Prairie dated October 1, 1991. The property is zoned Commercial Regional Service. Wal-Mart is a permitted use. COMPREHENSIVE GUIDE PLAN The Metropolitan Council approved the city's 2008 Guide Plan Update on October 14, 2009. The City Council, by resolution,put the update into effect on October 20, 2009. The Wal-Mart site is guided Town Center. The Town Center category designates the land use for a mixed-use downtown area to be located near the center of the Major Center Area. The 120 acre area is to be redeveloped over time into a compact, walkable, vibrant, pedestrian oriented area. The Town Center is a result of a history of planning dating back to the 1970's and the adoption of the 2006 Major Center Area(MCA) Study and Plan. The focus of the MCA Study is on creating a concentrated pedestrian and transit oriented development area that has a supportive mix of higher intensity land uses (retail, service, office, housing,park,hospitality, and entertainment). Much of the area is to consist of vertical mixed use buildings (i.e. office or housing over shops and restaurants) and the nearby housing will be higher density than typically found in other parts of the City. Future transit services(light rail and bus)will Staff Report—Wal-Mart 2009 October 23, 2009 help ensure convenient access and mobility. Parking will be in parking structures and on-street with limited use of surface parking lots. Future buildings will front on a street with a lively and active street life. Parks,trails,landscaped streets and plazas will add green space and recreation amenities to the area. The redevelopment will be designed to support Eden Prairies' community health,active living and sustainability goals. In order to limit traffic congestion, development intensity in the balance of the MCA will be lower than in the Town Center. MAJOR CENTER AREA PLAN In January 2006, the City Council adopted a report entitled Eden Prairie Major Center Area Study—The Next 25 years: A Framework for Decision Making, the purpose of which is to chart a course for public and private investment in land development, urban design and infrastructure into the future. The study proposes a vision of the Major Center Area(MCA)based upon comprehensive planning principles. Included in the study's recommendations is the establishment of a Town Center west of Flying Cloud Drive, south of Lake Idelwild, and north of Regional Center Road. The Town Center is to be a compact area with a vibrant mix of land uses that contribute to day/evening and year round use. Land uses will include a mixed use area of retail,residential, office, civic, and entertainment uses designed to foster walking and transit through a compact development pattern in accordance with recommended densities and planning principles. The MCA Study identifies 10 Sub Areas with specific recommendations for land use, density, and site coverage. Wal-Mart is located on the eastern edge of the "Town Center"of Sub Area 2. The MCA plan shows the Wal-Mart site as a mix land use with: • Mid Rise, 3-6 Story, 40-60 units per acre on the west side of the property. • Community Retail in the middle of the property • Medium Density(166 units) with Retail Ground level on the east side of the property. DEVELOPMENT REQUEST Overall Wal-Mart proposes to update its existing building and expand grocery sales.The proposal is not consistent with the previous approval and development agreement. The project includes an expansion of the stores footprint to add a loading dock (1,624 sf) for the additional grocery deliveries,improvements to the front entry,a smaller parking lot,more green space,and addition of sustainable features. Wal-Mart is also proposing to incorporate lighting, decorative pavement and other Town Center elements into the proposed remodeling project. 2 Staff Report—Wal-Mart 2009 October 23, 2009 SITE PLAN The site plan conforms to the requirements of the Commercial Regional Service Zoning District for building setbacks,parking setbacks, base area, and floor area requirements. ARCHITECTURE The exterior materials conform to the requirement for 75%face brick,natural stone and glass for the building. LANDSCAPE PLAN The landscape plan conforms to City code. Existing landscape trees remove as part of construction will be replaced and are include in the proposed landscape plan. DRAINAGE Storm drainage conforms to City requirements. ROAD IMPROVMENTS The MCA plan indentified future road improvements.Wal-Mart has agreed to provide the City with a 10 foot wide easement along Singletree Lane and a 15 foot wide easement along Regional Center Drive. FUTURE EDEN ROAD ALTERNATIVE The Phase Two concept plan for Windsor Plaza showed a future road connection from Singletree Lane to Regional Center Drive to improve transportation options consistent with the MCA Study recommendations to establish a grid network of streets.The proposed site plan shows where this can be accommodated. An easement will be needed to allow this road to be constructed in the future. SIDEWALKS AND TRAILS There are existing sidewalks and trails adjacent to the property. LIGHTING The proposed new decorative lighting for the site is similar to lighting in the Town Center Streetscape Master Plan. 3 Staff Report—Wal-Mart 2009 October 23, 2009 SIGNS The proposed wall signs and freestanding signs meet code. UTILITIES The property is served by City sewer and water. SUMMARY The Town Center is a long term vision of the City, a 25 year look forward into the future. Much like the first guide plan (1968) which took 40 years to implement, the Town Center will evolve gradually as the market determines when it is time to build the different components. In this situation there is an existing business that wants to reinvest with an interior remodel, a loading dock and exterior upgrade. Though the land use is not consistent with the land use shown in the Town Center plans today, the proposal does not necessarily preclude redevelopment consistent with the Town Center plans from happening within the next 25 years. This proposal is an opportunity to move closer to realizing the vision with the following commitments from Wal- Mart: • Providing an easement along Singletree Lane and Regional Center Drive Lane to provide room to improve the road according to the Town Center Streetscape Master Plan. • Providing an easement along the east property line to allow Eden Road to connect to Regional Center Road. • Use of pavers, decorative lighting, architectural elements, and pedestrian elements in front of the building similar to the Town Center. • Agree to become part of the future Special Service District(all other property owners in the affected area have agreed to this when requesting development approvals). STAFF RECOMMENDATION Recommend approval of the following request: 1. Zoning District Amendment within Commercial Regional Service zoning district on 16.86 acres. 2. Site Plan Review on 16.86 acres. 4 Staff Report—Wal-Mart 2009 October 23, 2009 This is based on plans stamp dated October 23, 2009, the Staff Report dated October 23, 2009 and the following conditions: 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. 2. Prior to building permit issuance for the property, the proponent shall: 3. Provide an easement along Singletree Lane to provide room to improve the road according to the Town Center Streetscape Master Plan. 4. Provide an easement along Regional Center Drive Lane to provide room to improve the road according to the Town Center Streetscape Master Plan. 5. Provide an easement along the east property line to allow Eden Road to connect to Regional Center Road. 6. Agree to become part of the future Special Service District. 5 Area Location Map - Wal-Mart Address: 12195 Singletree Lane, Eden Prairie, MN i Singletree Lane Prairie Center Drive ■ gilllipy ■ Regional Center Road Flying Cloud Drive YV 41r 0 Scale Guide Plan Map Walmart 12195 Singletree Lane, Eden Prairie, MN r .„---- - S- ---/..' i 0 __ _ IIIIII Prairie Center Drive l Singletree Lane Atilir , Ai , ir 1- Ili Walmart Site (iiii.,. Regional Center Rd. \ it--------------- ,‘ Flying Cloud Drive Ci of Ed - ' rair Ii �dvizi e P1 n " - 1 I I ' 041111\ 4164._ Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial Streams %/A Low Density/Public/Open Space Community Commercial -Metropolitan Urban Service Line(MUSA) Medium Density residential 2.5-10 Units/Acre- Regional Commercial 1 Principal Arterial Medium Density Residential/Office - Park/Open Space A Minor Arterial ''i . . I.: .! MI High Density Residential 10-40 Units/Acre - Public/Quasi-Public - B Minor Arterial E a E N Office Golf Course - Major Collector DATE Approved 03-19-03 DATE Revised 12-06-06 Office/Industrial - Church/Cemetary DATE Revised 01-07-05 DATE Revised 03-01-07 i Minor Collector DATE Revised 11-07-05 DATE Revised 06-01-07 PRAIRIE ��/� Office/Public/Open Space Open Water DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 - Industrial Right-Of-Way DATE Revised 06-23-06 DATE Revised 03-01-09 IilVE•WORK•QA EAM Airport Boundary pit 0 0.25 ose...e..., �.®t7o .,,.„® I 1 Miles Zoning Map Location Walmart 12195 Singletree Lane, Eden Prairie MN N... ‘111111111 _ _p Prairie Center Drive ,p, 1111111111 Singletree Lane 111 l 1 fi„, 4:7: mi - ..;';', I' 1111 --l.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.11.1111111""lillIllIllIllIllIllIllIlIllummimm---- tmil".." idWalmart Site Regional Center Rd. Flying Cloud Dr. 111000 1;__:__ r 1, den f' pr: irie &n1 l Rural -Regional Commercial Shoreland Management Classifications R1-44 One Family-44,000 sf.min. I I TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. I I TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. Q TC-MU I GD I General Development Waters(Creeks Only) ", , +,. , R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN Up dated through approved Ordinances#26-2008 -RM-2.5 Multi-Family-17.4 U.P.A.max. General Industrial-5Acre Min. Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 -Neighborhood Commercial I Golf Course asenrdisc,apa Y alaraaroa eni gclaeeiricafinnnn ie nningmap.maomleae a uve•wOHK•DHE M a,d attached legal dasedpfion on file at Eden Praise City Centerwill prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.125 0.25 -Regional Service Commercial Milesmmo.. ...P.rmn..a,om .........m ,.. ,m, Aerial View Walmart 12195 Singletree Lane, Eden Prairie, MN , , _ . , r---- -- e r , ....'!r2 1..•. . ‘ - - - 1r . I 1 -1" Lk. - Prairie Center Drive ' #. it ' ,,,,-------------\ Igill sky 1, jr:Ai - 7 mac;; :' 1 r AP'', I . Singletree Lane . �. • '., '• ter . 1` - f ; -d --i. '"�' 1- - t . ; Wal. art�S,itar 7' bill - ' •. .1. k t * :. a ......... ./.7f r* i . - 1 'i 1 INK Ors" ." i. r, �;: Flyin Cloud Drive ✓ -.,+ Regional Center Rd ,.:g"'' - t , f/ti::- r . r 4 ....•. t� .. ' —� it: //0 \ilt. s .:• ,'R../ .fir- 1::T \ 44 p. - 611....: i....urri':. ... 11" - 411"411111' • —3 1‘ - .- -.: . '", ." / r- :. , ,,: . .. 41 , ;—:'4 — I 1 I:7:i''..:: r : ' - 1. No Scale UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, OCTOBER 26, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Kirk called the meeting to order at 7:00 p.m. Absent: Lechelt, Pitzrick, Rocheford and Stoltz. II. APPROVAL OF AGENDA Kirk stated there will be an amendment to the agenda and they will not be approving the minutes from the October 12, 2009 meeting as they were not included in the packet. MOTION by Schultz, seconded by Wuttke, to approve the agenda as amended. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 12, 2009 Not available for approval. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS Wal-Mart by Benham Corporation, LLC. Location: 12195 Singletree Lane. Request for: • Zoning District Amendment in the Commercial Regional Service zoning district on 16.86 acres. • Site Plan Review on 16.86 acres. Erik Miller, civil engineer for the project, presented the proposal. He stated the Wal-Mart store has been in Eden Prairie for 15 years and is in need of repair. They would like to update the store and make it a new store shopping experience. In the southeast corner they would also like to add a truck dock and a screened recyclable area. With the site improvements there would be improvements to the parking lot and landscaping. The access points to the building would remain the same. They would be placing a new logo on the building and using neutral colors. The sidewalks would be textured concrete. They would also have pedestrian lighting. Mr. Miller stressed that right now they are challenged by the existing store. Wal-Mart has also agreed to provide the City with a 10 foot wide easement along Singletree Lane and a 15 foot wide easement along Regional Center Drive. Mr. Miller stated the City has requested conditions to this request; which are listed on page 5 of the staff report. They are willing to work with the City on these but would like further dialog on items 5 and 6; which would be to provide an easement along the east property line to allow Eden Road to connect to Regional Center Road and to agree to become part of the future Special Service District. Kirk asked Franzen to review the staff report. Franzen said Staff recommendation is for approval. He stated a Special Service District is like a commercial association, the meet monthly and address concerns. In regards to Eden Road, there are many vertical challenges associated with this road. The primary focus would be designing it because there are some grade differentials. Kirk opened the meeting up for public input. There was no input. Schultz asked Mr. Miller if there are any 2 level stores anywhere. Mr. Miller stated there are some 2 level stores,but they acquired them through acquisitions. Wuttke asked if the pond on the southwest corner of the property was a nerf pond. Rue said he suspects it is a nerf pond. Wuttke asked if the nerf pond would be up to standards. The project proponent confirmed it would be up to standards. Kirk asked Franzen, in regards to item 6 that Wal-Mart wanted more dialog on, could he comment on this. Franzen stated they would give the project proponent more clarification on this, but at this point it is non-negotiable. In regards to the easement, they are just starting this project. Mr. Miller confirmed they will be working with the City on items 5 and 6. Franzen said the Commission Members should consider all of the conditions on page 5 when considering approval. MOTION by Wuttke, seconded by Schultz, to close the public hearing. Motion carried 5-0. MOTION by Wuttke, seconded by Schultz, to recommend approval of the Zoning District Amendment within the Commercial Regional Service Zoning District on 16.86 acres, and Site Plan Review on 16.86 acres, based on plans stamped dated October 23, 2009, and the staff report dated October 23, 2009. Motion carried 5-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 191404— 192245 Wire Transfers 3604— 3624 City of Eden Prairie Council Check Summary 11/17/2009 Division Amount Division Amount General 546,126 316 WAFTA 169 100 City Manager 788 801 Perpetual Care Cemetary 80 101 Legislative 4,077 803 Escrow Fund 6,963 102 Legal Counsel 42,625 806 SAC Agency Fund 127,275 110 City Clerk 870 809 Investment Fund 6,302 111 Customer Service 11,573 Total Agency Funds 140,789 112 Human Resources 10 113 Communications 8,099 114 Benefits&Training 14,038 601 Prairie Village Liquor 269,538 130 Assessing 25 602 Den Road Liquor 331,217 132 Housing and Community Services 21,414 603 Prairie View Liquor 233,732 133 Planning 245 605 Den Road Building 16,427 136 Public Safety Communications 30,418 701 Water Fund 296,340 137 Economic Development 660 702 Sewer Fund 298,712 138 Community Development Admin. 25 703 Storm Drainage Fund 33,613 150 Park Administration 3,791 Total Enterprise Funds 1,479,580 151 Park Maintenance 51,626 153 Organized Athletics 7,403 154 Community Center 16,477 807 Benefits Fund 854,348 156 Youth Programs 826 811 Property Insurance 3,611 157 Special Events 1,473 812 Fleet Internal Service 87,844 158 Adult Recreation 1,621 813 IT Internal Service 59,126 159 Recreation Administration 295 814 Facilities Capital ISF 150,821 161 Oak Point Pool 6,267 815 Facilites Operating ISF 76,740 162 Arts 2,368 816 Facilites City Center ISF 196,348 163 Outdoor Center 2,554 817 Facilites Comm.Center ISF 82,840 167 CC-Youth Programs 768 Total Internal Service Funds 1,511,679 168 Arts Center 1,967 169 SC-Therapeutic Recreation 153 180 Police 15,146 Report Totals 4,819,766 183 Emergency Preparedness 11,427 184 Fire 23,497 200 Engineering 2,490 201 Street Maintenance 65,589 202 Street Lighting 68,036 Total General Funds 964,767 301 CDBG 40,548 303 Cemetary Operation 761 308 E-911 587 309 DWI Forfeiture 8,696 Total Special Revenue Funds 50,592 428 G.O.Improv.Revolving 2005B 450 431 G.O.Improvement Bonds 2006B 400 432 G.O.Improvement Bonds 2006C 375 434 2008A Capital Equipment Notes 400 435 2008B G.O.Improvement Bonds 950 2,575 315 Economic Development 3,568 502 Park Development 6,255 503 Utility Improvement 67,744 506 Improvment Bonds 1996 10,288 509 CIP Fund 136,519 512 CIP Trails 98,013 513 CIP Pavement Management 10,903 515 Fire Station#4 113 521 Trails Referendum 97,298 522 Improvement Projects 2006 239,084 Total Capital Project Funds 669,785 City of Eden Prairie Council Check Register 11/17/2009 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191884 445,334 HENNEPIN COUNTY PUBLIC WORKS-F Improvement Contracts Improvement Projects 2006 Right-of-Way CSAH 1 191912 261,903 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 191883 227,339 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 192114 174,687 DOBOSZENSKI&SONS Improvements to Land Improvement Projects 2006 Park Reconstruction 3623 152,369 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3613 148,924 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits Federal Taxes Withheld 3619 119,317 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3608 117,967 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3615 109,914 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 191819 103,588 XCEL ENERGY Electric Public Safety Communications Monthly Electric 192108 96,924 CURB MASTERS INC Improvement Contracts CIP Trails 192168 91,080 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 191617 87,190 COMPAR INC Other Assets CIP-Bonds 191581 86,014 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes City Hall-Direct Costs 191738 85,984 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 191561 65,400 XCEL ENERGY Electric Sewer Liftstation 191773 56,663 SM HENTGES&SONS INC Improvement Contracts Improvement Projects 2006 192022 54,036 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 191948 53,689 RESTORATION SYSTEMS INC Building Repair&Maint. Utility Operations-General 191744 47,280 PARROTT CONTRACTING INC Other Contracted Services Park Acquisition&Development 191664 44,409 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 191578 38,602 XCEL ENERGY Electric City Hall-CAM 191472 37,043 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 192203 35,963 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study 191710 35,175 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 192129 32,492 GMH ASPHALT CORPORATION Asphalt Overlay Street Maintenance 192044 32,327 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 192024 32,173 LOGIS Network Support IT Operating 3624 31,074 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 191906 30,262 MCF-LINO LAKES Other Contracted Services Utility Operations-General 191859 30,056 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 3612 29,832 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 191535 29,595 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 191958 29,498 SEATING AND ATHLETIC FACILITY Building Facilities Capital 192149 29,289 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 191879 26,814 HANSEN THORP PELLINEN OLSON Other Contracted Services Planning&Development 191728 26,032 MOTOROLA Other Contracted Services Public Safety Communications 191922 25,479 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 192061 24,426 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 192047 23,089 THANE HAWKINS POLAR CHEVROLET Autos Water Treatment Plant 192034 22,911 NORTHERN AIR CORPORATION Building Facilities Capital 191586 22,548 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 191468 22,336 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 192062 21,412 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 191517 21,288 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 191929 20,940 NORTHSHORE WOOD PRODUCTS Leasehold Improvements Prairie View Liquor Store 191815 20,910 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 191509 20,582 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 3610 20,299 ING Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191477 20,091 LEAGUE MN CITIES INS TRUST Insurance Claims Sewer Utility-General 191557 20,088 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 3622 19,874 ING Deferred Compensation General Fund 192218 18,399 THANE HAWKINS POLAR CHEVROLET Autos Police 191685 18,064 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 192238 17,186 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 192017 16,666 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 191987 16,557 WALL TRENDS INC Building Repair&Maint. Facilities Capital 191834 15,867 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 192181 15,800 PASS FENCING Other Contracted Services Preserve Park 192194 15,674 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store 192041 15,546 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 191753 15,417 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 191732 15,372 NEW WORLD SYSTEMS Other Assets CIP-Bonds 191580 14,796 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes Den Bldg.-CAM 3609 14,668 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 3620 14,667 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 191805 14,664 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 191880 14,493 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 191997 14,123 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 191791 13,481 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 192048 13,462 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 192003 13,189 DAY DISTRIBUTING Beer Prairie Village Liquor Store 192220 12,663 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 192188 12,645 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 191960 12,591 SELA GUTTER CONNECTION Other Contracted Services Rehab 3617 12,398 WELLS FARGO MINNESOTA N A Federal Taxes Withheld Health and Benefits 191993 12,292 YALE MECHANICAL INC Contract Svcs-HVAC Public Works/Parks 191907 12,204 MCFARLAND CONSTRUCTION COMPANY Contract Svcs-General Bldg Historical Buildings 191800 12,066 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 191939 11,938 PETERSON BROS ROOFING AND CONS Building Facilities Capital 191816 11,803 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 191965 11,414 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 191683 11,290 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 191432 11,200 DAY DISTRIBUTING Wine Domestic Prairie View Liquor Store 191926 11,167 NEW WORLD SYSTEMS Other Assets CIP-Bonds 192201 11,143 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 191646 10,930 FEDERAL SIGNAL CORPORATION Miscellaneous Emergency Preparedness 192092 10,903 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 192037 10,892 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 192109 10,315 DAY DISTRIBUTING Misc Non-Taxable Prairie Village Liquor Store 191730 10,288 NATIONAL RETAIL PROPERTIES LP Right of Way&Easement Improvement Projects 1996 191919 10,270 MINNESOTA UI FUND Unemployment Compensation Organizational Services 192239 9,691 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 192113 9,550 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 192082 9,100 BAKER ASSOCIATES INC Work In Progress Prairie View Liquor Store 191851 9,000 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 191498 8,980 CORVAL CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant 191699 8,834 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 191793 8,786 TOPSIDE INC Other Contracted Services Rehab 191854 8,758 COMPAR INC Other Assets CIP-Bonds 191760 8,739 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 191663 8,587 GRAYMONT Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191414 8,569 ASPEN EQUIPMENT CO. Machinery&Equipment Park and Recreation 191754 8,544 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 191452 8,520 GRAYMONT Treatment Chemicals Water Treatment Plant 191457 8,491 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 192176 8,414 NEW WORLD SYSTEMS Other Assets CIP-Bonds 191746 8,217 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 191790 8,182 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 192058 8,126 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 191438 8,031 ENVIRONMENTAL PROCESS INC Design&Engineering Utility Improvement Fund 191757 8,000 PROP Other Contracted Services Housing and Community Service 191548 7,633 VTI Miscellaneous DWI Forfeiture 191838 7,617 A-SCAPE INC Contract Svcs-Lawn Maint. City Hall-CAM 191469 7,497 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Utility Improvement Fund 192147 7,492 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 191951 7,015 RIDGEVIEW MEDICAL CENTER Health&Fitness Fire 191943 6,995 PROP Refunds CDBG-Public Service 192073 6,889 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 191417 6,862 BELLBOY CORPORATION Transportation Prairie View Liquor Store 191423 6,822 BIFFS INC Waste Disposal Park Maintenance 191642 6,731 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 191733 6,321 NILSSON,BETH Instructor Service Ice Arena 192230 6,310 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 192178 6,302 NORTHSHORE ADVISORS LLC Interest Investment Fund 191614 6,247 CERIDIAN Other Contracted Services IT Capital 192142 6,176 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations 191715 6,000 MIDWEST DESIGN CO Other Contracted Services Communications 191489 5,894 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 191878 5,723 GRAYMONT Treatment Chemicals Water Treatment Plant 192132 5,695 GRAYMONT Treatment Chemicals Water Treatment Plant 191434 5,644 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 191497 5,600 NEW WORLD SYSTEMS Other Assets CIP-Bonds 191597 5,564 ARSENAULT ASSOCIATES Software Maintenance IT Operating 191618 4,941 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 192208 4,900 STORDAHL,DANIEL JOE Equipment Repair&Maint Water System Maintenance 192209 4,900 STORDAHL,MIKE Equipment Repair&Maint Water System Maintenance 191507 4,877 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 192081 4,840 ATHERTON HO ASSOCIATION AR Utility Water Enterprise Fund 191553 4,487 WINE COMPANY,THE Transportation Den Road Liquor Store 191737 4,464 NORTHSTAR MUDJACKING SPECIALIS Seal Coating Street Maintenance 191621 4,391 DAY DISTRIBUTING Beer Prairie View Liquor Store 191554 4,322 WINE MERCHANTS INC Transportation Prairie View Liquor Store 192085 4,303 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 191474 4,192 KAMIDA INC Improvements to Land Capital Impr/Maint Fixed 191777 4,157 SOUTHWEST SUBURBAN PUBLISHING- Printing Sunbonnet Days 191702 4,138 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 191713 4,098 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 192236 4,067 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 192211 4,030 STORK,ALEX OCS-Leak Detection Water System Maintenance 191582 4,002 4 SEASONS LANDSCAPE&LAWN CAR Grounds Maintenance Utility Operations-General 191505 4,000 OTTO LANDSCAPING INC Improvements to Land Capital Impr/Maint Fixed 191640 3,999 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 192094 3,934 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 191820 3,901 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191927 3,894 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 192134 3,866 GUNNAR ELECTRIC CO INC Other Contracted Services Park Acquisition&Development 191776 3,818 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 192063 3,698 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 191527 3,698 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Wells 191598 3,477 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 191560 3,434 WSB&ASSOCIATES INC Other Contracted Services Economic Development Fund 191565 3,430 CENTURYLINK Telephone IT Telephone 191542 3,386 TWIN CITY SEED CO Landscape Materials/Supp Park Acquisition&Development 192014 3,359 IND SCHOOL DIST 272 Printing Police 191853 3,342 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 192217 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 191745 3,249 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Community Center Maintenance 192056 3,246 WINE COMPANY,THE Transportation Prairie Village Liquor Store 192222 3,089 UNITED RENTALS NORTHWEST INC Contract Svcs-Elect Fire Station#4 191629 3,060 DUNSMORE ASPHALT INC Other Contracted Services Utility Improvement Fund 191751 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 191604 2,930 BECKER ARENA PRODUCTS INC Repair&Maint.Supplies Pool Maintenance 191613 2,907 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 191995 2,890 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 192116 2,822 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 191407 2,810 A-1 STRIPES INC Improvement Contracts Capital Impr./Maint.Fund 191458 2,760 HERSEY-METERS Capital Under$10,000 Water Metering 191692 2,724 KRISS PREMIUM PRODUCTS INC Supplies-HVAC Community Center Maintenance 192170 2,713 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 192158 2,712 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 191672 2,698 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 191734 2,675 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 191428 2,666 CEMSTONE PRODUCTS COMPANY Improvement Contracts CIP Trails 191779 2,640 SPEEDPRO IMAGING INC Operating Supplies Ice Arena 191969 2,624 SPRINT Wireless Subscription IT Operating 192184 2,599 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 191988 2,575 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes 191863 2,565 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 191902 2,508 LAVAN FLOOR COVERING Contract Svcs-General Bldg Community Center Maintenance 192210 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 191957 2,460 SEAFORTH ELECTRIC INC Equipment Repair&Maint Utility Improvement Fund 192049 2,399 TRANSPORT GRAPHICS Equipment Repair&Maint Fire 191510 2,346 POMP'S TIRE SERVICE INC Tires Fleet Operating 192066 2,341 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 191914 2,306 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 191528 2,294 STAPLES ADVANTAGE Office Supplies Customer Service 191602 2,280 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 191456 2,250 GUNNAR ELECTRIC CO INC Improvements to Land Improvement Projects 2006 191856 2,212 CORVAL CONSTRUCTORS INC Repair&Maint-Ice Rink Ice Arena Maintenance 191708 2,200 METRO FIRE Equipment Testing/Cert. Fire 191696 2,113 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 191570 2,086 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 191721 2,074 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 191913 2,054 METROPOLITAN FORD Equipment Parts Fleet Operating 191870 2,035 FIRE SAFETY USA INC Small Tools Fire 191735 2,035 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice 191928 2,022 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 192198 2,019 RADCO Capital Under$10,000 Fleet Operating 191813 2,019 WINE MERCHANTS INC Transportation Prairie View Liquor Store 191577 2,016 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 192002 2,000 DAKOTA COUNTY TECHNICAL COLLEG Tuition Reimbursement/School Fire 191573 1,991 QWEST Telephone Water Distribution 192012 1,974 HOHENSTEINS INC Beer Prairie Village Liquor Store 192008 1,925 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 191461 1,919 HOHENSTEINS INC Beer Prairie View Liquor Store 191983 1,884 UHL COMPANY Supplies-HVAC City Hall-CAM 192183 1,869 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 191758 1,837 PROSOURCE SUPPLY Waste Disposal Ice Arena Maintenance 192070 1,820 US POSTMASTER Postage Water Accounting 191590 1,812 ALTERNATIVE BUSINESS FURNITURE Repair&Maint.Supplies Furniture 191430 1,808 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 191537 1,800 TREE TRUST Other Contracted Services Park Maintenance 191444 1,765 FORD,GARY Other Contracted Services Park Maintenance 191903 1,721 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 191623 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 191677 1,705 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 191970 1,673 SRF CONSULTING GROUP INC Other Contracted Services Storm Drainage 192125 1,663 FEDIE,BERNIE Other Contracted Services Rehab 191446 1,653 GENUINE PARTS COMPANY Equipment Parts Park Maintenance 192245 1,652 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1 191609 1,652 BOURGET IMPORTS Transportation Den Road Liquor Store 191697 1,625 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage 191772 1,599 SIGNATION SIGN GROUP INC Contract Svcs-Gener Arts Center 191852 1,567 COMMERCIAL REFRIGERATION SYSTE Contract Svcs-Ice Rink 3rd Sheet of Ice 191949 1,534 RICHFIELD,CITY OF Autos Utility Operations-General 192046 1,527 SURLY BREWING CO Beer Prairie Village Liquor Store 191558 1,510 WORK CONNECTION,THE Other Contracted Services Park Maintenance 191817 1,510 WORK CONNECTION,THE Other Contracted Services Park Maintenance 191709 1,508 METRO SALES INCORPORATED* Other Rentals Customer Service 191670 1,498 HELMSMAN MANAGEMENT SERVICES A Insurance Property Insurance 191546 1,495 VINOCOPIA Transportation Prairie View Liquor Store 191449 1,469 GIRARD'S BUSINESS SOLUTIONS IN Prepaid Expenses General Fund 192054 1,462 VINOCOPIA Transportation Prairie Village Liquor Store 192240 1,459 WORK CONNECTION,THE Other Contracted Services Park Maintenance 192219 1,441 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 192013 1,408 HORIZON COMMERCIAL POOL SUPPLY Repair&Maint.Supplies Pool Maintenance 191837 1,392 A TO Z RENTAL CENTER Supplies-General Bldg Fire Station#1 191564 1,385 CENTERPOINT ENERGY Gas Water Treatment Plant 192111 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 191985 1,309 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 191783 1,300 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 191724 1,292 MITY-LITE INC Capital Under$10,000 Capital Impr./Maint.Fund 192140 1,250 HOMELINE Refunds CDBG-Public Service 192083 1,218 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 191668 1,214 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Operating 191935 1,201 OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 191416 1,200 BAKER ASSOCIATES INC Work In Progress Prairie View Liquor Store 191990 1,184 WORK CONNECTION,THE Other Contracted Services Park Maintenance 192090 1,183 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Park Shelters 191643 1,172 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191992 1,170 XCEL ENERGY Electric Water Wells 191518 1,145 RDO EQUIPMENT CO Equipment Parts Fleet Operating 191917 1,133 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance 192009 1,123 HENNEPIN COUNTY l/T DEPT Equipment Repair&Maint Public Safety Communications 191676 1,122 INTEGRITY GLOBAL SOLUTIONS Other Hardware IT Operating 191658 1,121 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 191889 1,119 HYDROLOGIC WATER MANAGEMENT Repair&Maint.Supplies Park Maintenance 192171 1,109 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 191868 1,105 FEDIE,BERNIE Other Contracted Services Rehab 192137 1,105 HENNEPIN TECHNICAL COLLEGE Conference Expense Fire 3618 1,103 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 191875 1,102 GE CAPITAL Other Rentals Customer Service 191615 1,098 CLAREYS INC Clothing&Uniforms Fleet Operating 191752 1,091 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elevator Community Center Maintenance 191544 1,085 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 191460 1,082 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 191675 1,082 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 192234 1,073 WEEDMAN,NICOLE Operating Supplies Halloween Party 192156 1,066 LANO EQUIPMENT INC Equipment Repair&Maint Fleet Operating 191559 1,063 WORLD CLASS WINES INC Transportation Prairie View Liquor Store 192126 1,062 GANDRUD,DAVID Deposits Escrow 191849 1,058 BRAUN INTERTEC CORPORATION Testing-Soil Boring Trails Referendum 192001 1,052 COMPAR INC Other Assets CIP-Bonds 191972 1,045 STAPLES ADVANTAGE Office Supplies Customer Service 191847 1,038 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 191633 1,030 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 191886 1,030 HEWLETT-PACKARD COMPANY Software and Hardware IT Operating 191794 1,021 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 192195 1,017 QWEST Process Control Services Water Treatment Plant 191603 1,016 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 191911 1,010 METRO SALES INCORPORATED* Other Rentals Customer Service 191638 1,005 EMERSON NETWORK POWER Software and Hardware IT Operating 192189 1,004 POMP'S TIRE SERVICE INC Tires Fleet Operating 191932 998 OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance 191768 974 SCHOOL'S IN Capital Under$10,000-Gen Bl Furniture 191804 973 VTI Miscellaneous DWI Forfeiture 191731 973 NEUMANN,NEAL Other Contracted Services Softball 191647 958 FEDEX KINKO'S OFFICE AND PRINT Printing Community Center Admin 3611 952 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 191484 918 MEDICINE LAKE TOURS Special Event Fees Trips 3621 900 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 191630 889 ECOLAB INC Contract Svcs-Pest Control Community Center Maintenance 191451 877 GRAPE BEGINNINGS Transportation Den Road Liquor Store 191459 864 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs 192229 862 VINOCOPIA Transportation Den Road Liquor Store 191661 858 GRAINGER Supplies-General Bldg Arts Center 191982 858 TWIN CITY FILTER SERVICE INC Supplies-HVAC Community Center Maintenance 191698 850 LEW,DANIEL J Other Contracted Services Rehab 191687 846 KAISER,DAVID S Operating Supplies Fit Kids Club 191405 835 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 192131 830 GRANICUS INC Software Maintenance IT Operating 192130 830 GRAINGER Supplies-HVAC Community Center Maintenance 191562 828 BUCK,NATHAN Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 192122 820 ERICKSON ENGINEERING COMPANY Design&Engineering Engineering 191729 819 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 191781 817 SRF CONSULTING GROUP INC Deposits Escrow 192084 816 BAY WEST INC Other Contracted Services Cummins Grill 191714 816 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 191523 812 SENSORS INC Equipment Repair&Maint Water Treatment Plant 192093 810 BROWN,PAUL Other Contracted Services Touch Football 191711 806 METROPOLITAN FORD Equipment Parts Fleet Operating 191971 805 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund 192244 795 ZIEBART OF MINNESOTA INC Equipment Repair&Maint Fleet Operating 192161 770 LIONS TAP Operating Supplies Fire 191552 770 WEIDENFELLER,GIN Instructor Service Arts Center 191812 768 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 192205 768 SPORTS UNLIMITED Instructor Service CC-Preschool Events 192162 745 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 191801 743 VEIT&CO Deposits Escrow 191502 743 NORTHWEST ASPHALT Other Contracted Services Capital Impr./Maint.Fund 192075 740 AMSAN LLC Cleaning Supplies Facilites Operating ISF 192227 738 VEIT&CO Deposits Escrow 191802 737 VINOCOPIA Transportation Den Road Liquor Store 192027 733 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 191700 731 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 191631 721 EDEN PRAIRIE APPLIANCE Capital Under$10,000 City Center Operations 192243 695 ZACKS INC Repair&Maint.Supplies Sewer System Maintenance 191435 689 ECOLAB INC Contract Svcs-Pest Control Fire Station#4 191857 688 CRESCENT ELECTRIC SUPPLY CO Other Hardware IT Operating 191612 684 CARDIAC SCIENCE CORPORATION EMS Supplies Fire 192104 672 COMMERCIAL STEAM TEAM Other Contracted Services Den Road Liquor Store 192077 669 ANDERBERG INNOVATIVE PRINT SOL Printing Police 191693 665 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 191901 662 LAB SAFETY SUPPLY INC Cleaning Supplies Facilites Operating ISF 191821 657 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 192241 645 XCEL ENERGY Electric Forest Hills Park 191511 645 PRAIRIE ELECTRIC COMPANY Building Facilities Capital 191549 634 VWR INTERNATIONAL INC Process Control Equipment Water Treatment Plant 192099 632 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 192101 628 CHIEF SUPPLY Fire Prevention Supplies Fire 191466 625 JAMES J HILL Tuition Reimbursement/School Fire 191918 615 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 191596 613 AQUA LOGIC INC Other Contracted Services Pool Maintenance 191736 608 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 191723 607 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance 192067 606 PROP United Way Withheld General Fund 191938 605 PAUTZ,ROGER Instructor Service Fall Skill Development 191998 604 BOUND TREE MEDICAL LLC EMS Supplies Fire 191716 600 MIELKE,BILL Deposits Escrow 191717 587 MINNCOMM Deposits Escrow 191787 585 SURLY BREWING CO Beer Prairie View Liquor Store 191662 579 GRAPE BEGINNINGS Transportation Den Road Liquor Store 192025 576 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 191679 575 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 191742 573 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 191574 572 RAY,LEE Other Contracted Services Softball Check# Amount Vendor/Explanation Account Description Business Unit Explanation 192128 571 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 191550 570 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 192033 560 NEW WORLD SYSTEMS Other Assets CIP-Bonds 192010 560 HENNEPIN COUNTY TREASURER Board of Prisoner Police 191480 557 LITTLE FALLS MACHINE INC Equipment Repair&Maint Fleet Operating 191674 555 HERSEY-METERS Capital Under$10,000 Water Metering 191483 554 MCWATERS,LORENE Dues&Subscriptions Administration 191872 552 FORDAHL,TAMARA Other Contracted Services Volleyball 191490 551 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 191530 550 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 192011 550 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 192213 550 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 192196 549 QWEST Maintenance Contracts E-911 Program 191534 543 THE OASIS GROUP Employee Assistance Organizational Services 191654 541 GE CAPITAL Other Rentals Customer Service 191660 540 GOVDELIVERY Software Maintenance IT Operating 191840 538 AIR POWER EQUIPMENT CORPORATIO Contract Svcs-General Bldg Public Works/Parks 191936 533 PAPCO INC Contract Svcs-General Bldg Community Center Maintenance 191464 533 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 191850 529 BUCK,NATHAN Other Contracted Services Softball 191690 525 KIDCREATE STUDIO Instructor Service Arts Center 191583 522 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 191977 520 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM 192177 517 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 191440 517 FASTSIGNS Operating Supplies Ice Arena 191592 515 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store 191704 512 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 191845 506 ANDERBERG INNOVATIVE PRINT SOL Printing Police 3607 504 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 191830 496 DEPARTMENT OF COMMERCE 191725 495 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 191947 487 REBS MARKETING Other Contracted Services Environmental Education 191999 474 BOURGET IMPORTS Transportation Prairie Village Liquor Store 192110 470 DEALER AUTOMOTIVE SERVICES INC Capital Under$10,000 Fleet Operating 192053 466 VINO SOURCE,THE Transportation Prairie Village Liquor Store 191695 464 LANZI,BOB Mileage&Parking Ice Arena 191963 462 SIEMENS INDUSTRY INC Contract Svcs-Fire/Life/Safe Ice Arena Maintenance 192106 456 COSTCO Operating Supplies Police 191628 454 DUDA PLUMBING SERVICE INC Contract Svcs-Plumbing Fire Station#1 191429 452 CLAEYS,JESSICA R Tuition Reimbursement/School Police 191524 451 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 191953 450 RUE,RODNEY Mileage&Parking Engineering 192078 450 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control 192096 443 CARROLL,JASON Deposits Escrow 191448 441 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 192145 440 JANEX INC Cleaning Supplies Facilites Operating ISF 3616 436 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 191607 435 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations 192185 435 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Community Center Maintenance 191641 434 EPA AUDIO VISUAL INC Other Hardware IT Operating 192127 434 GE CAPITAL Other Rentals Customer Service 191877 433 GRAINGER Supplies-HVAC City Hall-CAM 191712 431 MID AMERICA FESTIVALS Deposits Escrow Check# Amount Vendor/Explanation Account Description Business Unit Explanation 192071 429 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 192235 423 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 191409 421 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie View Liquor Store 191467 420 JANEX INC Waste Disposal City Hall-CAM 192174 420 MINNEAPOLIS COMM&TECH COLLEG Tuition Reimbursement/School Police 192119 417 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 191415 417 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 191453 414 GREATAMERICA LEASING CORP. Postage Customer Service 192120 409 EDINA PLUMBING Contract Svcs-Plumbing Public Works/Parks 191881 407 HARTMANN WELL COMPANY Water Meter Sales Water Enterprise Fund 191566 400 DAVIS,RODGER A Refunds Pleasant Hill Cemetery 191667 400 HARPER,SUE City Building Rental City Hall-Direct Costs 191789 400 TAPP,JOHN Instructor Service Arts Center 191924 400 MUSIC THEATRE INTERNATIONAL Deposits Escrow 191979 400 TOTAL ENTERTAINMENT Other Contracted Services Halloween Party 192164 400 MAACO Equipment Repair&Maint Fleet Operating 191584 399 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 191513 396 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits 192095 396 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 191634 395 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Emergency Preparedness 191828 395 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 192214 395 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. City Hall-CAM 191835 390 2ND WIND EXERCISE Repair&Maint.Supplies Fitness Center 192007 390 FIRE SAFETY USA INC Small Tools Fire 191655 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 191727 386 MNCAR Other Contracted Services Economic Development 191482 375 MAACO Equipment Repair&Maint Fleet Operating 192016 374 INTEGRITY GLOBAL SOLUTIONS Other Hardware IT Operating 191973 373 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 191669 372 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Infiltration/Inflow Study 191741 371 ON-LINE IMAGING Microfilming/scanning Records Management 191836 370 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 191652 366 FRANK J ZAMBONI&CO INC Repair&Maint-Ice Rink Ice Arena Maintenance 192069 366 UNITED WAY United Way Withheld General Fund 191778 361 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance 191620 359 DALE GREEN COMPANY,THE Repair&Maint.Supplies Storm Drainage 192006 353 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 191806 353 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 191866 352 FALCK,TIMOTHY R Other Contracted Services Softball 191659 350 GORDON,SAMANTHA Parking Permits Community Center Admin 192107 346 CRETEX CONCRETE PRODUCTS NORTH Repair&Maint.Supplies Infiltration/Inflow Study 191567 345 HERRIG,JEFF Other Contracted Services Softball 191589 340 ALLOY WELD&REPAIR Other Contracted Services Pool Maintenance 192098 336 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 192223 334 UNIVERSITY OF MINNESOTA Conference Expense Engineering 191431 333 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 192117 332 DUDA PLUMBING SERVICE INC Contract Svcs-General Bldg Fire Station#1 191595 328 AQUA ENGINEERING INC Operating Supplies Street Maintenance 192072 326 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 191747 325 PITKANEN,STEVEN S Tuition Reimbursement/School Organizational Services 191888 322 HOLMES,TOM Other Contracted Services Volleyball 191450 321 GRAINGER Equipment Parts Water Storage 191784 321 STATE SUPPLY COMPANY Supplies-HVAC City Hall-CAM Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191766 321 SATHER,GARRETT Sales Tax Payable General Fund 192045 321 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 191486 321 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 192169 320 METROPOLITAN FORD Equipment Parts Fleet Operating 191722 317 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 191442 316 FERRELLGAS Gas Outdoor Center 192124 315 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 191933 310 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 191763 310 RICHARDSON,JIM Conference Expense Engineering 191488 300 MICHAELSON,ELIZABETH H Other Contracted Services Theatre Initiative 192064 299 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 191989 298 WESTWOOD PROFESSIONAL SERVICES Other Contracted Services Storm Drainage 192105 294 CONCRETE CUTTING&CORING INC Repair&Maint.Supplies Storm Drainage 191410 293 ANCHOR PAPER COMPANY Office Supplies Customer Service 191591 290 AMERICAN PRESSURE INC Equipment Repair&Maint Water Distribution 192215 281 SURLY BREWING CO Beer Prairie View Liquor Store 191576 277 SVENDSEN,ANDREA Refunds Storm Drainage 191601 276 BARNES,BELINDA A. Other Contracted Services Volleyball 191682 276 JENKINS,JOEL S Other Contracted Services Softball 191885 276 HENRY,PAUL Other Contracted Services Volleyball 192026 272 MID-AMERICA BUSINESS SYSTEMS I Equipment Repair&Maint Records Management 192100 271 CENTERPOINT ENERGY Gas Water Wells 191418 271 BELSON OUTDOORS INC Capital Under$10,000 General Community Center 191626 270 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 192102 270 CLAREYS INC Safety Supplies Fleet Operating 191657 268 GMH ASPHALT CORPORATION Deposits Escrow 191703 268 MAHMUTOVIC,DZEVAD Conference Expense General Community Center 192152 266 KEEPERS Clothing&Uniforms Police 191797 265 UNIFORMS UNLIMITED Clothing&Uniforms Police 191439 264 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 191443 263 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 191625 263 DMX MUSIC Other Contracted Services Prairie View Liquor Store 191861 262 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 191588 258 AL'S COFFEE Merchandise for Resale Concessions 192242 257 YI,KUK Accounts Receivable Community Center Admin 191981 254 TSS AUTOMOTIVE EQUIPMENT SERVI Equipment Repair&Maint Fleet Operating 191575 253 ROGERS,KYLE Other Contracted Services Softball 191636 253 ELIASON,STEVE J Other Contracted Services Softball 191500 252 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 191891 250 INFRATECH Equipment Parts Storm Drainage 191887 250 HITESMAN&ASSOCIATES,P.A. Other Contracted Services Organizational Services 191644 248 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 191968 248 SPRINT Telephone Engineering 192050 246 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 191529 245 STATE SUPPLY COMPANY Supplies-Plumbing City Hall-CAM 192030 245 MT GLOBAL LLC Transportation Prairie View Liquor Store 191864 244 ENVIRONMENTAL RESOURCE ASSOCIA Laboratory Chemicals Water Treatment Plant 191587 242 ACCURINT-ACCOUNT#1348824 Other Contracted Services Police 192029 241 MORAN USA,LLC Transportation Den Road Liquor Store 191843 240 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 191994 237 AQUA LOGIC INC Other Contracted Services Pool Maintenance 191420 237 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 191808 236 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191826 234 HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Community Center Maintenance 191514 233 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 192118 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 192167 231 MENARDS Operating Supplies Fire 192233 229 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance 191494 228 MT GLOBAL LLC Transportation Prairie Village Liquor Store 191799 227 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 191842 226 AMERICAN SOLUTIONS FOR BUSINES Safety Supplies Community Center Admin 192190 226 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#1 192163 224 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store 191650 223 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 191404 223 2ND WIND EXERCISE Repair&Maint.Supplies Fitness Center 191874 221 GARDEN ROOM FRATELLI'S GARDEN Conference Expense Prairie Village Liquor Store 191521 220 ROSOL,SARA Accounts Receivable Community Center Admin 192015 220 IND SCHOOL DIST 272 Conference Expense Recreation Administration 191425 220 BOLD,PAULINE Instructor Service Outdoor Center 191940 220 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Fire Station#4 191895 219 JANEX INC Cleaning Supplies Facilites Operating ISF 192154 218 KUSTOM SIGNALS INC Equipment Repair&Maint Police 191785 218 STERICYCLE INC Supplies-General Bldg Community Center Maintenance 192005 218 EF JOHNSON Equipment Repair&Maint Public Safety Communications 191844 213 AMSAN LLC Cleaning Supplies Facilites Operating ISF 192151 210 KASZYNSKI,BETH Conference Expense Engineering 191761 208 RAY,LEE Other Contracted Services Softball 191545 207 VINO SOURCE,THE Wine Domestic Den Road Liquor Store 191476 205 LAB SAFETY SUPPLY INC Supplies-General Bldg City Hall-CAM 191811 204 WILSON,JOHN D. Operating Supplies Police 191639 203 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services 191705 201 MEDTOX Employment Support Test Organizational Services 191445 200 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 191408 200 AMERICAN CAMPING ASSOCIATION Operating Supplies Playgrounds 191831 197 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits 192074 196 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 191651 194 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Water Treatment Plant 191771 194 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 191411 193 ANCHOR PRINTING COMPANY Printing Police 191637 193 ELWELL,JEFF Memberships Community Center Admin 192076 193 ANCHOR PRINTING COMPANY Printing Police 192135 192 HALDEMANN HOMME INC Cleaning Supplies Community Center Maintenance 191611 192 BRO-TEX INC Equipment Parts Fleet Operating 191706 191 MENARDS Building Repair&Maint. Fire 3614 191 WISCONSIN DEPARTMENT OF REVENU State Taxes Withheld Health and Benefits 191865 188 EPA AUDIO VISUAL INC Other Assets CIP-Bonds 191635 187 EGAN OIL COMPANY Lubricants&Additives Fleet Operating 191740 186 NUCO2 INC Chemicals Pool Maintenance 191436 184 EGAN OIL COMPANY Operating Supplies Park Maintenance 191568 184 HOLMES,TOM Other Contracted Services Volleyball 191825 184 GUNNAR ELECTRIC CO INC Other Contracted Services Park Maintenance 191873 184 FORSBERG,JEFF Other Contracted Services Softball 191961 184 SEVENICH,WENDY Mileage&Parking Community Center Admin 192055 184 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store 3605 182 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 191689 181 KEEPERS Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191964 176 SJOBERG,GABRIELLE Mileage&Parking Tree Disease 191538 175 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 191756 171 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 191905 169 LYNN PEAVEY COMPANY Operating Supplies Police 191579 169 CARVER COUNTY TREASURER Licenses&Taxes WAFTA 191976 166 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 191984 166 VALLEY NAT'L GASES-LOC 93 Fire Prevention Supplies Fire 192155 165 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Community Center Maintenance 191759 163 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 192212 163 STREICHERS Clothing&Uniforms Animal Control 191593 162 AMERITRAK Other Contracted Services Street Maintenance 191769 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 191822 160 CARVER COUNTY SHERIFFS DEPT. Deposits Escrow 191832 160 STEARNS COUNTY SHERIFFS DEPAR Deposits Escrow 191916 160 MINNESOTA DEPT OF LABOR AND IN Licenses,Permits,Taxes Community Center Maintenance 191599 157 ASSET RECOVERY CORPORATION Other Hardware IT Operating 191934 156 OPPORTUNITY PARTNERS Janitor Service City Hall-CAM 191986 154 VERNON,TED Mileage&Parking General Community Center 191585 154 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Water System Maintenance 191495 154 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 192191 153 PRAIRIE EQUIPMENT COMPANY Equipment Parts Fleet Operating 192004 153 DPMS Training Supplies Police 191649 152 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 192051 152 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 191795 152 UHL COMPANY Contract Svcs-HVAC City Hall-CAM 191921 150 MN EMERGENCY SERVICE CHAPLAIN Tuition Reimbursement/School Police 191462 149 HORGAN,KEVIN M Clothing&Uniforms Utility Operations-General 192139 149 HOBART Contract Svcs-Garden Romm Garden Room Repairs 191673 148 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 191694 145 LANO EQUIPMENT INC Equipment Parts Fleet Operating 191726 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 191941 144 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 192097 144 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 192144 142 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 191622 141 DECAPPER Transportation Den Road Liquor Store 191441 141 FEDEX Operating Supplies Police 191499 140 NORCOSTCO Other Rentals Theatre Initiative 192143 140 INNOVATIVE GRAPHICS Operating Supplies Police 191839 138 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 191862 138 ELIASON,STEVE J Other Contracted Services Softball 191719 137 MINNESOTA CONWAY Repair&Maint.Supplies Fire 192175 137 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 191904 136 UNMAN,SAMANTHA Mileage&Parking Tree Disease 191788 135 SUSA Tuition Reimbursement/School Utility Operations-General 192204 135 SIKES,JEANA Accounts Receivable Community Center Admin 191648 134 FLORIDA MICRO LLC Other Hardware IT Operating 191991 134 WSB&ASSOCIATES INC Other Contracted Services Economic Development Fund 191720 130 MINNESOTA DEPT OF LABOR AND IN Licenses,Permits,Taxes Public Works/Parks 191954 129 SCHARBER&SONS Equipment Parts Fleet Operating 191944 128 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 192207 128 STAPLES ADVANTAGE Office Supplies Customer Service 191796 127 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 191750 126 PORTA,KITTY Mileage&Parking City Clerk Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191478 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 191860 125 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 191547 124 VINTAGE ONE WINES INC Transportation Den Road Liquor Store 191541 123 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 192202 122 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 192032 122 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 191540 121 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 191978 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct 192141 119 IND SCHOOL DIST 272 Transportation SC-Teen Programs 191945 116 QWEST Telephone IT Telephone 191532 116 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 191848 115 BOLD,PAULINE Instructor Service Outdoor Center 191501 113 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 191412 112 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 191882 112 HARTZELL,PAUL Capital Under$10,000 Summer Theatre 191487 111 METROPOLITAN FORD Equipment Parts Fleet Operating 191632 110 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Economic Development 191707 109 MERLINS ACE HARDWARE Operating Supplies Park Maintenance 191980 106 TROPICANA CHILLED DSD Merchandise for Resale Concessions 191718 105 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 191748 104 PLASTICS INTERNATIONAL Equipment Parts Fleet Operating 191522 104 SEATON,ROBYN Clothing&Uniforms Theatre Initiative 191792 101 TIRE TOWN INC Contract Svcs-Ice Rink Ice Arena Maintenance 191967 101 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 191492 100 MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Water Treatment Plant 192028 100 MINNESOTA RURAL WATER ASSOCIAT Tuition Reimbursement/School Utility Operations-General 192136 98 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 191619 96 CULLIGAN BOTTLED WATER Operating Supplies Fire 192035 96 PAGING&WIRELESS SERVICE CENT Equipment Repair&Maint Public Safety Communications 191807 95 WATER NEEDS Refunds Water Enterprise Fund 191680 95 J&W INSTRUMENTS INC Equipment Repair&Maint Water Treatment Plant 192091 94 BOHNSACK,SUE Mileage&Parking Senior Center Administration 192150 93 KAISER MANUFACTURING INC Operating Supplies Ice Arena 192079 93 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 191841 91 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 191962 91 SHRED-IT Waste Disposal City Center Operations 192192 90 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 191896 90 KEEPERS Clothing&Uniforms Animal Control 192086 90 BELUR,SHOBHA Accounts Receivable Community Center Admin 192000 90 COMCAST Wireless Subscription IT Operating 191600 87 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 191624 85 DIRECTV Cable TV Community Center Admin 192112 85 DIRECTV Cable TV Community Center Admin 191869 85 FERRELLGAS Motor Fuels Fleet Operating 191894 84 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance 192228 83 VERNON,TED Conference Expense General Community Center 191959 82 SEELYE Equipment Repair&Maint Water Treatment Plant 191519 81 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 191539 80 TROPICANA CHILLED DSD Merchandise for Resale Concessions 191925 80 NCTRC Licenses&Taxes Organizational Services 191531 80 STREICHERS Clothing&Uniforms Police 191942 80 PROP Refunds CDBG-Public Service 191930 80 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191691 79 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 191829 78 WYFFELS,BILL Tuition Reimbursement/School Police 191493 78 MOORHEAD,CITY OF Reimbursement Fire 191762 75 RAYMOND,RODNEY M Operating Supplies Recreation Administration 191899 73 KRAUSE,MARY Mileage&Parking Engineering 191952 73 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 192159 72 LINDAHL,DAVID Mileage&Parking Economic Development 191755 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 192138 72 HERRIG,JEFF Other Contracted Services Basketball 192216 72 SWENSON,MICHELLE Accounts Receivable Community Center Admin 191770 71 SEELYE Equipment Parts Water Treatment Plant 192160 71 LINDHOLM,HEATHER Pension payment-SS/FICA Health and Benefits 191823 70 DOMORADZKI,JIM Equipment Parts Fleet Operating 191955 70 SCHNICKEL,JENNY Tuition Reimbursement/School Police 192186 69 PETERSON,JODI Facility Rentals Birthday Parties 192200 69 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 191681 69 JANEX INC Cleaning Supplies Community Center Maintenance 191931 68 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 192179 68 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 191701 67 LINDAHL,DAVID Mileage&Parking Economic Development 191974 66 STODDARD SILENCERS Equipment Parts Water Treatment Plant 191653 64 FSH COMMUNICATIONS LLC Telephone Round Lake 191809 64 WILLETTE,ERIKA Accounts Receivable Community Center Admin 191525 64 SNAP-ON TOOLS Small Tools Fleet Operating 192173 63 MILLARD,CHRIS Tuition Reimbursement/School Police 191688 62 KARST,JOAN E Mileage&Parking General Community Center 191893 61 INTOXIMETERS Miscellaneous DWI Forfeiture 192206 60 STADEM,THERESA Accounts Receivable Community Center Admin 191764 60 RICHFIELD,CITY OF Autos Police 192031 60 MTGF Conference Expense Park Maintenance 192023 60 KRUEGER,MARK Operating Supplies Fire 191666 59 HARNACK,ANNE Refunds Environmental Education 191606 59 BLACK&DECKER,USPTG Equipment Repair&Maint Park Maintenance 191485 58 MENARDS Operating Supplies Park Maintenance 191665 57 GULDEN-BOBBITT,RYAN Tuition Reimbursement/School Police 191803 57 VOSBEEK,PETER Tuition Reimbursement/School Police 191810 57 WILLIAMS,LINDA D Tuition Reimbursement/School Police 191956 57 SCHULKE,REED Operating Supplies Theatre Initiative 3604 57 VANCO SERVICES Miscellaneous Community Center Admin 192224 56 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 191454 56 GROTH MUSIC Operating Supplies Community Band 192153 56 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance 191406 55 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 191455 54 GROVEN,SHARON Accounts Receivable Community Center Admin 191892 53 INTEGRITY GLOBAL SOLUTIONS Other Hardware IT Operating 192180 53 OLSEN COMPANIES Equipment Repair&Maint Fleet Operating 192103 52 COMCAST Dues&Subscriptions City Council 191908 50 MELZER,JAMES S Operating Supplies Theatre Initiative 191915 50 MILLENNIUM FUNDING Operating Supplies Den Road Liquor Store 192133 50 GROTH MUSIC Operating Supplies Community Band 192199 49 RITZ CAMERA &IMAGE Operating Supplies Park Maintenance 191608 48 BOLD,PAULINE Instructor Service Outdoor Center 191433 48 DMX MUSIC Other Contracted Services Prairie Village Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191749 48 POMP'S TIRE SERVICE INC Tires Fleet Operating 191569 48 MCGRAW,TIMOTHY P Other Contracted Services Classes/Programs/Events 191975 47 STREICHERS Clothing&Uniforms Police 191671 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 191782 46 STAPLES ADVANTAGE Office Supplies Customer Service 191876 46 GINA MARIAS INC Miscellaneous CIP-Bonds 192182 46 PATTERSON,WARREN AR Utility Water Enterprise Fund 191765 45 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 192052 45 UNIVERSITY OF MINNESOTA Other Contracted Services Park Maintenance 191512 44 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 192226 43 VEGESNA,VARENYA Accounts Receivable Community Center Admin 192221 42 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 191900 42 KUSTOM SIGNALS INC Equipment Repair&Maint Police 191867 41 FASTENAL COMPANY Small Tools Street Maintenance 191496 40 MWOA Tuition Reimbursement/School Water Treatment Plant 191533 40 TASKAR,PRAMOD&SUHASINI Deposits Community Center Admin 192121 40 ENGELMAN,VIRGINIA Accounts Receivable Community Center Admin 191780 39 SPS COMPANIES Equipment Parts Water Treatment Plant 191605 38 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 191774 37 SNAP-ON TOOLS Small Tools Fleet Operating 191855 37 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Emergency Preparedness 191950 36 RIDGEVIEW CLINICS Employment Support Test Organizational Services 192166 36 MATTES,SHEREE AR Utility Water Enterprise Fund 191656 36 GETTMAN COMPANY Transportation Prairie Village Liquor Store 191504 34 OSI BATTERIES INC Operating Supplies Traffic Signs 191447 32 GERMSCHEID,DEB Accounts Receivable Community Center Admin 192123 31 EVANS,GAIL Accounts Receivable Community Center Admin 191871 31 FLICK,DAVID AR Utility Water Enterprise Fund 191526 30 SPRINGBOARD FOR THE ARTS Employment Advertising Organizational Services 192089 30 BLAKE,JANET Accounts Receivable Community Center Admin 191437 29 ELKHOURI,SALAH Accounts Receivable Community Center Admin 191767 27 SCHARBER&SONS Equipment Parts Fleet Operating 191610 27 BOYER TRUCKS Equipment Parts Fleet Operating 192232 27 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 191798 27 UPS Equipment Repair&Maint Public Safety Communications 191743 26 PAPER DIRECT INC Office Supplies Customer Service 192087 26 BENSON,MICHAEL Accounts Receivable Community Center Admin 191506 26 PAPCO INC Supplies-General Bldg Community Center Maintenance 191413 26 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance 3606 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating 191426 25 BORGMAN,PAM Accounts Receivable Community Center Admin 191824 25 FEDEX KINKO'S OFFICE AND PRINT Printing Infiltration/Inflow Study 191846 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing 191739 24 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 191419 24 BERLIN,THOMAS Accounts Receivable Community Center Admin 191491 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Water Treatment Plant 191571 23 MPCA Licenses&Taxes Sewer Utility-General 191827 22 QUICKSILVER EXPRESS COURIER Postage Customer Service 191424 20 BISCHOFF,DOUGLAS Deposits Community Center Admin 191473 20 JOHNSON,STACEY Deposits Community Center Admin 191481 20 LUNDEEN,JULIE Deposits Community Center Admin 191520 20 RODI,MARLYN Deposits Community Center Admin 192068 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture Check# Amount Vendor/Explanation Account Description Business Unit Explanation 191909 19 MENARDS Operating Supplies Park Maintenance 191479 19 LINDEN,ROSE Program Fee Red Hat 192115 18 DOVER,RUTH Accounts Receivable Community Center Admin 192172 18 MILES,SHARON Accounts Receivable Community Center Admin 191898 18 KRAEMERS HARDWARE INC Repair&Maint-Ice Rink Ice Arena Maintenance 191427 18 CDW GOVERNMENT INC. Other Hardware IT Operating 191551 17 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 191910 16 MERANDA,EMILY Operating Supplies Theatre Initiative 192080 16 ARNDT,DALE Small Tools Fleet Operating 191616 13 COMCAST Operating Supplies Fire 191594 13 ANDERSON,KENNETH Accounts Receivable Community Center Admin 192146 12 JENKINS,LINDA Accounts Receivable Community Center Admin 191946 12 RADIOSHACK Office Supplies Police 191463 11 HOWE,EUGENE Accounts Receivable Community Center Admin 191645 11 FASTENAL COMPANY Small Tools Fleet Operating 191775 11 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 191966 11 SOUTHWEST OUTDOOR POWER Equipment Repair&Maint Park Maintenance 191543 11 UNIFORMS UNLIMITED Clothing&Uniforms Police 192225 11 VALLEY NAT'L GASES-LOC 93 Fire Prevention Supplies Fire 191465 10 IPMA MINNESOTA Conference Expense Human Resources 191536 10 TOTAL COMFORT Cash Over/Short General Fund 191627 10 DRIVER&VEHICLE SERVICES Operating Supplies Senior Center Administration 191897 10 KESTERTON,JACKIE Accounts Receivable Community Center Admin 191923 10 MORRISON,BONNIE Accounts Receivable Community Center Admin 192065 10 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 192231 10 WALLACE,DORIS Accounts Receivable Community Center Admin 191920 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 191937 9 PARKWAY APARTMENTS Cash Over/Short General Fund 192197 9 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 192157 8 LENG,MARY-ANN Accounts Receivable Community Center Admin 191678 8 IVERSON,MARGARET Accounts Receivable Community Center Admin 191686 8 KADLEC,EVELYN Accounts Receivable Community Center Admin 192165 8 MARQUARDT,ESTHER Accounts Receivable Community Center Admin 191475 7 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 192088 5 BLACK&DECKER,USPTG Operating Supplies Park Maintenance 191503 5 OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance 191786 4 STREICHERS Clothing&Uniforms Police 4,819,766 Grand Total CITY COUNCIL AGENDA DATE: November 17, 2009 SECTION: Ordinances &Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning Public Infrastructure Janet Jeremiah/Michael D. Franzen Requested Action Move to: • Approve 2nd Reading of the Ordinance relating to the definition of public infrastructure and adopt Resolution approving the Summary Ordinance. Synopsis This is final approval of the ordinance relating to a definition of public infrastructure. The City Council approved 1st reading of the ordinance on October 6, 2009. Attachments 1. Ordinance for Public Infrastructure 2. Resolution 3. Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11 BY DELETING THE DEFINITON OF PUBLIC FACILITIES AND SERVICES AND ADDING A NEW DEFINITION TO SECTION 11.02;DIRECTING THE CITY CLERK TO REPLACE THE TERM "PUBLIC FACILITIES AND SERVICES" WITH "PUBLIC INFRASTRUCTURE"IN THE CITY CODE;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. City Code,Chapter 11, Section 11.02,Definitions is amended by deleting the definition "at line 46 of"public Facilities and Structures" and inserting in its place the following definition of "Public Infrastructure." 46. "Public Infrastructure"- Infrastructure related to municipal utilities owned by any governmental unit including lift stations,well houses, water towers, sewer and water lines, manholes, storm sewer, street lights, stops signs and stop lights,bridges,trails, sidewalks, and infrastructure related to electric gas, telephone and cablevision utilities lines,poles and boxes, but not including buildings except as specified above. Section 2. The City Clerk is directed to replace the term"Public Facilities and Services"with the term "Public Infrastructure" in City Code Sections 11.02 (46); 11.10, Subd. 2. B.; 11.11, Subd. 2. E.; 11.15, Subd 2. C.; 11.20 Subd. 2. C.; 11.25, Subd, 2. C.; 11.27, Subd. 5, Table 1; 11.30, Subd. 2. C; 11.35 Subd. 2. A. and wherever else it appears in the City Code. Section 3. 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 4. 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 6th day of October, 2009 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of November, 2009. Kathleen Porta, City Clerk Phil Young. Mayor PUBLISHED in the Eden Prairie Sun Current on , 2009. K:\Administration\Agenda Preparation\City Council Agenda Packet Items\2009\11.17.09\Community Development\Public Infrastructure\Attach 1-Public Infrastructure Ordinance (Ordinance).doc Public Infrastructure CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY DELETING THE DEFINITON OF PUBLIC FACILITIES AND SERVICES AND ADDING A NEW DEFINITION TO SECTION 11.02; DIRECTING THE CITY CLERK TO REPLACE THE TERM "PUBLIC FACILITIES AND SERVICES" WITH "PUBLIC INFRASTRUCTURE" IN THE CITY CODE; 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 amendments to city code chapter 11 relating to the definition of public infrastructure. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Phil Young , Mayor PUBLISHED in the Eden Prairie News on , 2009. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2009-76 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 11-2009 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 11-2009 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 17th day of November, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 11-2009 is lengthy. B. The text of the summary of Ordinance No. 11-2009, attached hereto, 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 No. 11-2009 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 November 17th, 2009. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Scott H. Neal, City Manager Proposed 2010 Council Meeting Schedule Synopsis Staff is beginning the meeting schedule and planning process for 2010. Attached to this cover sheet is a proposed schedule of Council meetings for 2010. We are proposing to continue the past practice of City Council meetings on the 1st and 31-d Tuesdays of each month, with a couple of exceptions which are based on our past experience with the Council: - We have reduced our summer(June, July&August) meeting schedule down to one meeting each month. We experimented with this meeting schedule this past summer. It created no operational problems for staff residents. Council Members have reported to me that they appreciated the schedule. I recommend we try it again during the summer of 2010. - We have proposed that the first meeting in February be cancelled as that meeting coincides with local political party caucuses - We have proposed that the first meeting in April be cancelled as that meeting occurs during the Eden Prairie School District's Spring Break. We have a custom of avoiding Spring Break week with Council meetings for at least the past seven years. - We have proposed the first meeting in November be canceled because it coincides with the 2010 General election day. The Council does not need to take formal action on this item at the November 17 meeting. We are sharing it with you to solicit your feedback. The Council is scheduled to approve the 2010 meeting schedule at the Council's first meeting of 2010 on January 5, 2010. Attachment Proposed Schedule January 2010 February 2010 March 2010 • M T W T F S S M T W T F S S M T_ , T F S S COUl1CI Meetings ICCti �y"—proposed 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 r etings 1st&3ro Tuesdays,ex 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 • 1st meeting of February—cancelled due 25 26 27 28 29 30 31 29 30 31 to Caucus • 1st meeting of April—cancelled due to April ,l I May 2010 June 2010 EP Schools Spring Break MTWTF SS MTWTFS MTWTFS •1 2 3 4 1 2 1 2 3 4 5 6 1st meeting of June—cancelled 5 6 7 8 9 10 11 3 - 5 6 7 8 9 7 8 9 10 11 12 13 • 1st meeting of July—cancelled 10 11 12 13 14 15 16 12 13 14 15 16 17 18 14 15 16 17 18 19 20 17 • 1 19 20 21 22 23 st meeting of August—cancelled due to 19 MIL 21 22 23 24 25 24 25 26 27 28 29 30 21 22 23 24 25 26 27 National Night Q ut 26 27 28 29 30 31 28 29 30 • 1st rrueting of November—cancelled July 2010 September 2010 due to Election Day M T W S W T F S M T WE 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 - 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 26 27 28 29 30 31 30 31 27 28 29 30 October 2010 November 2010 December 2010 T F SS S M T W T F SS 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 ipr6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 18 1,2 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 31 29 30 27 28 29 30 31 2010 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Laurie Obiazor, Proposed Changes to Passport to Fun Fee Recreation Services Manager Assistance Program Requested Action Move to: Approve the following changes to the Passport to Fun Fee Assistance Program per beginning January 1, 2010: • Reduce total fee assistance from $150 to $100 per participant($50 reduction). • Continue to allow Passport dollars to be used(qualify) for Community Center Daily Use Fees for Fitness Center and Group Fitness Classes. • Add Community Center Memberships and Private Lessons to the list of programs not eligible for Passport dollars (not qualified). Synopsis Currently the Passport to Fun program provides participants free access to open gym (added January 2008), open swim, open skate, including skate rentals in addition to $150 fee assistance per year toward recreation programming. In addition, qualified participants are able to use their $150 in fee assistance per year towards the cost of daily use and/or membership to the Community Center. The amount of funds redeemed to the Passport to Fun program over the past three years has increased significantly in comparison to previous years, showing a 58% increase in funding the past two years: Year Actual Amount 2009 YTD $11,185 2008 $7,076 2007 $4,545* *prior to the Community Center expansion and the addition of open gym, daily use fee and membership being added to the Passport to Fun program. The following programs currently do not qualify for the Passport to Fun program: programs which fees are already under$10, special events, facility or court rentals, additional fees (supplies, meals or equipment rental), birthday party packages, team registrations and senior discounts. Staff recommends that memberships and private lessons be added to the list of programs that do not qualify for Passport dollars. Passport dollars are used primarily for recreation programs and not for memberships or daily use fees. Qualified participants tend to use the free access feature of the program exclusively or in conjunction with the Passport dollars that require matching funds from the participant. Proposed Changes to Passport to Fun Fee Assistance Program November 17, 2009 Page 2 At their November 2 meeting, the Parks, Recreation and Natural Resources Commission approved a motion recommending these changes. Background The City of Eden Prairie offers a fee assistance program called Passport to Fun to individuals who may need financial assistance to participate in recreation programs. Persons requesting assistance are required to demonstrate a financial need and pay a portion of the participation fee. Each eligible family member can receive a maximum amount in fee assistance per calendar year. Senior discounts do not apply. Once approved, participants register for Parks and Recreation programs at the Community Center. Participants pay the first half of the recreation program priced at more than $10, and get the second half taken out of their Passport to Fun account. The City of Eden Prairie provides recreation programs and services to all residents regardless of sex, race, color, national origin, ability or financial status. To qualify, applicants must be an Eden Prairie resident or work in Eden Prairie, and meet one of the following criteria and submit supporting documentation: • Participation in a Free or Reduced Lunch Program through the Eden Prairie School District. • Eligibility to receive financial aid from Hennepin County. • Eligibility to receive Social Security disability. • Special circumstances causing financial hardship may be considered on a limited basis per manager approval. Future Considerations • Continue to evaluate which programs and recreation opportunities should be eligible or ineligible for fee assistance. • Limit the individual fee assistance per year or increase/decrease based on available funds and requests for funding assistance. • Limit scholarships to participants under age 18 or keep it available to youth and adults. • Limit maximum fee assistance per family annually or keep it unlimited. St. Louis Park-$160 per individual and no maximum per family New Brighton-$100 per individual and$250 maximum per family Eagan-$100 per individual and$500 maximum Edina-$150 per family per year Bloomington—75%discount on program registration fees in up to 4 programs total for the year Attachment: Passport to Fun Brochure &Application What is the What happens next? Passport • Once your application and documentation to Fun have been received, the information will Program? be reviewed. Passport to Fun ,`+'� :� • Within two weeks you will receive a letter is a program that .� 44, ti of notification. enables people EDEN to participate �w • . AM • If accepted into the Passport to Fun in City of Eden ,�_ program, please call 952 949 8470 to PRAIRIE Prairie Parks schedule an appointment to have your and Recreation photo taken for your ID card. Each eligible LIVE •WORK•DREAM programs who family member must have their photo may otherwise be .. . taken. unable due to financial • Show your Passport to Fun ID card each constraints. time you use the Community Center free All people are encouraged to participate in access programs or register for a program. • • r recreation programs. The City is committed to Eden Prairies helping people overcome financial limitations . that may make participation difficult. Passport Who is eligible? The program is available to persons who live or work in the City of Eden Prairie and to Fun have a financial need. Parks and Recreation .. -, . EDEN • Fee Assistance Program tk PRAIRIE Live We r MINNESOTA '} .• •1 City of Eden Prairie + _ �11 Community Center F ;'.•• "t ti 16700 Valley View Road `, ti. _.• •C. , ill , i' ,yy • e 4. Eden Prairie, MN 55346 edenprairie.org :F. ``�` • • The City of Eden Prairie welcomes all applicants and does not discriminate on •' • i i ,. �"" /R� the basis of race,creed,color,religion,sex,national origin,disability,marital _ — rr status,status with regard to public assistance,age,membership on a local ' ... .—f. human rights commission,or sexual orientation. rt , (, :., . .. e , ,,,,. .o• ..� I ) ' February 2008 rt How can the How do I apply? How does the Passport program be sed Passport to Fun • Complete an application form, include the to Fun work? eligible family members that live in your Free access to Open Swim offered at household. Each individual will receive$150 in their the Community Center and Oak Point pools; • For each family Passport to Fun account. You can apply Open Skate, plus free skate rental; and Fo each family member,frem one attachot the those dollars towards recreation programs, Open Gym sessions offered at the dfollowing: Community Center daily use fee Community Center or membership. • School Free Lunch Program Apply your Passport to Fun dollars for up to Each time you register for a program, half of the cost of these activities and then pay • School Reduced Lunch Program show your Passport to Fun ID card. the remaining amount: • Hennepin County Financial Assistance The Passport to Fun dollars will pay • Parks and Recreation Program • Social Security Disability up to half the cost of the activity, with (priced at $10 or more) the remaining amount being paid by the •Written explanation of your special participant, until your account amount is • Community Center Daily Usage financial circumstance depleted. • Community Center Membership • Submit your application and Passport to Fun account funds expire on documentation to: December 31 of each year. Amounts do not Eden Prairie Community Center carry over to the next year. Participants need �` 16700 Valley View Road to reapply each year. ,- )0,,- ; of: �` Eden Prairie, MN 55346 Account dollars are not transferrable to ,� -``1 ' other family members. 3 :,� r it Community Center membership are � ...- �` flip available. The Passport to Fun account dollars i '!t s.. 4..., # � of eligible family members may be combined 11�� 'tip for a dual or family membership. ,,T� 5��J1 1 • ,,(fP ,... - i Availability of funds are limited to a ��, ,-, budgeted maximum amount each year. • 1 r / "' r� -1 Ve.bli ' --.. I =� ."�� 1 1 • �.,.. ( Programs that do not qualify: 1, t ) * L - — - . _ it • Programs with fees that are already - -�• under $10 • Special Events 4 ' • Facility or Court Rental All informa ion submitted for the purposes of eligibility determination into — • Additional fees (supplies, meals, equipment rental) the Passport to Fun Fee Assistance Program is considered confidential and is only used • Birthday Party Packages to determine eligibility. • League Team Registrations Questions? Call 952-949-8470 • Senior Discounts For Year: City of Eden Prairie Passport To Fun Parks and Recreation FM Application 16700 Valley View Road Eden Prairie • MN • 55346 EDEN E Include information for adults and only the children applying. 952-949-8470 • edenprairie.org P, . , a OYes ONo ❑ o Adult 1 - First Name Middle Last Date of Birth Gender Want a Passport? f OYes ONo CI rt Adult 2 - First Name Middle Last Date of Birth Gender Want a Passport? c Address City State Zip 3 ft Home Phone Email Address 0 3 Adult 1-Employer Business Phone Adult 2-Employer Business Phone ❑ _ ❑ Name Birthdate Gender Name Birthdate Gender ❑ ❑ Name Birthdate Gender Name Birthdate Gender ❑ ❑ Name Birthdate Gender Name Birthdate Gender For each person applying, please attach documentation from one CI Eden Prairie Resident The Passport to Fun is available for all 0 of the following: these options, please check the benefit(s) o 7 you plan to use: 2 El ❑ Work in Eden Prairie School Free Lunch 0 3 o ❑ Free access to Open Gym rtElSchool Reduced Lunch Program a. ❑ Free access to Open Skate rt ❑ Free access to Open Swim ❑ Social Security Disability C _ CI Hennepin County Financial Assistance m ❑ Reduced fees for Recreation Programs ❑ Special Financial Circumstance: ❑ Community Center Membership ❑ Community Center Daily Usage 1. Complete this form. I understand that all the information provided is accurate 2. Attach appropriate documentation. and complete, to the best of my knowledge. a 3. Submit to: Eden Prairie Community Center ai(D 16700 Valley View Road 0 Eden Prairie, MN 55346 4. Receive notification letter within two weeks. Signature Date 5. Call for photo appointment. FOR OFFICE USE: ❑ Approved ❑ Denied because of: Date Received Reviewed by Date Processed by Date Photos taken by Date CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director November 17, 2009 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Facility Use Policies Parks and Recreation Requested Action Move to: Approve the modifications and additions proposed by staff to the Guidelines for Community use of Parks and Recreation Facilities document. Synopsis Over the past several months, parks and recreation staff have met to review the current Guidelines for Community use of Parks and Recreation Facilities. This document is used by staff to consistently interpret scheduling and use policies across all parks and recreation facilities. Staff determined there was a need to review the policies to insure that all current policies were being consistently followed. Many of the suggestions have come about due to the recent development of new facilities. The attached changes and additions are being recommended for consideration. At their November 2 meeting, the Parks, Recreation and Natural Resources Commission approved of this recommendation. In addition to updating this document, staff will use the latest revisions to create a user-friendly version that can be distributed to rental groups and interested facility users. Background The Guidelines for Community use of Parks and Recreation Facilities were originally approved by the City Council on September 19, 2006. Subsequent versions have been approved on February 12, 2008 and March 4, 2008. Periodically staff reviews the document to insure that policies are current and consistent. Attachment Guidelines for Community use of Parks and Recreation Facilities—marked-up version Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on February 12, 2008 Re-Adopted by Eden Prairie City Council on March 4, 2008 POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. 1. Rental Classifications Group 1: Any activity related to the operations of Eden Prairie's City government including, but not limited to, City Council, board and commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. Group 2: Public agencies, School District 272, civic organizations, PROP, SW Metro Transit, non-profit professional groups with City representation, Eden Prairie based groups (user group that has its headquarters in the City of Eden Prairie, or has at least 75% of its membership roster residing in Eden Prairie) which contribute to the well being and betterment of the community, and those businesses currently working with City projects. Group 3: Eden Prairie residents, Eden Prairie businesses, and persons who work at an Eden Prairie business. (Documented proof may be requested) Group 4: Non-resident individuals, groups, commercial, non-profit, and business organizations. (Limited to rentals at Eden Prairie Community Center and Senior Center) Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 14 2. Rental Facilities Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*, Nesbitt-Preserve Park Building*, Prairie View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Outdoor Center located at Staring Lake Park Community Center - ice arenas, racquetball courts, swimming pool, meeting rooms, gym, play structure, dry floor, and play structure. Senior Center- community room and meeting rooms Outdoor Athletic Facilities - volleyball courts, basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis courts. These park amenities are available on a first-come, first-serve basis, unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. Trail System - for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets, unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, at the discretion of the Parks and Recreation Director. Non-Typical Park Locations—such as, but not limited to, parking lots, sun shelters, picnic areas, open fields, dog parks, disc golf, hockey rinks in the summer, etc. These locations cannot be rented for exclusive use. See Large Group Use. 3. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily; with the exception of Miller and Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental use beyond these hours requires the approval of the Parks and Recreation Director. The Community Center is open from 6 a.m. to 10 p.m., daily during the school year; summer hours may vary. Policy—Community Use of Parks & Recreation Rental Facilities Page 3 of 14 The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only, unless using the upper level of Homeward Hills Park Barn. 4. Gener al Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields, tennis courts, playground, public bathrooms, etc.). Group 1 meetings, events, and activities have priority. Rental scheduling for Groups 2, 3, and 4 will be on a first-come, first-serve basis; with special reservation guidelines pertaining to walks and/or runs. Group 4 may rent at the Community Center and Senior Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 7 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rentals are subject to maximum group size and availability. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 14 marital status, sexual orientation, status with regard to public assistance, or disability. 5. Scheduling 1. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler. Reservations will be accepted on the first business day of the calendar year; with the exception of Homeward Hills Park Barn and Riley-Jacques Barn. 2. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Warming House Scheduler. 3. Homeward Hills Park Barn Groups or individuals desiring to use the Homeward Hills Park Barn shall make arrangements through the Park Facility Scheduler. The Homeward Hills Park Barn is available for rental year-round. During public ice skating, rentals may occur in the upper level. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of January April - October August 1 November—March of following year 4. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of March May-August First Business Day of June September- October 3, Outdoor Center Policy— Community Use of Parks & Recreation Rental Facilities Page 5 of 14 Groups or individuals desiring to use the Outdoor Center for nature programs shall make arrangements through the Outdoor Center naturalist. The Outdoor Center may be scheduled for rental according to the following time table: Reservations Accepted Months Available First Business Day of December January March First Business Day of February April May First Business Day of March June August First Business Day of August September December 5. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center facility scheduler. See Community Center Rental Guidelines for rental details. 6. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff Senior Center reservations require a one week advance notice. The Senior Center may be scheduled on the first business day according to the following timetable. Reservations Accepted Months Available December 1 January- March February 1 April -August March 1 June August August 1 September-December 7. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document "Guidelines for Priority Use of Public Facilities" for rental details. 8. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 14 The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway or park facility, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Park Facility Scheduler prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. 6. Rental Fee The rental fee is required for all chargeable rentals and must be paid within two weeks of the reservation call and before the rental date. Reservations are confirmed only when full payment is made. 7. Damage Deposit A $200 damage deposit, in addition to the rental fee, may be required by Group 3 and Group 4. The damage deposit is required at the same time the rental fee check is submitted. This deposit shall be returned within one (1) week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. 8. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive clean-up, unusual set-up, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups may be required to pay a special user fee when they provide amplified sound. Policy— Community Use of Parks & Recreation Rental Facilities Page 7 of 14 User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval from the Director of Parks and Recreation for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. 9. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (i.e. additional parking, transportation to the site, additional toilets, additional police officers or security measures). A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. 10. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. Community Center room rental cancellations require advance notice of one business day. 11. Liability and Damage Rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 14 Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. 12. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are expected to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. 1. Supervision Youth using facilities must be under competent adult (minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten (10) or fewer youth under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff. If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center and non-regular hours of the Community Center. The Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 14 building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a park attendant will meet the renter at the specified rental beginning time and will come back at the specified ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on-site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. 2. Park Pavilion/Building Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. 3. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. 4. Admission Fee User groups are not allowed to charge an admission fee without the approval of the City Council. See Section XV, of this Policy. 5. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups 2, 3, and 4. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 14 6. Animals Rental groups 2, 3, and 4 are not permitted to have non-domesticated animals, including,but not limited to horses, on City property. 7. Fireworks /Open Fires Rental groups 2, 3, and 4 are not permitted to have fireworks. Rental groups 2, 3, 4 are not permitted to have fires, fire in fire pits, or any open flame. 8. Large Group Use Resident groups with 20 or more are required to have a rental of a facility or a large group use permit before using a park facility. 13. Food Service Food or beverages may not be sold without prior approval. Food sales must comply with the Hennepin County Health Department regulations of having a food service permit. No food or beverage may be left behind at any facility. Where available, kitchens may not be used for commercial use (fundraising). 1. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner on a hard, flat surface. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on Park/City property. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 2. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Policy—Community Use of Parks & Recreation Rental Facilities Page 11 of 14 Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 3. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through a Community Center pre-approved caterer or through the Community Center concessions. Small birthday parties (30 people or less), or other similar gathering, with permission of the Community Center staff, will be permitted to provide outside food and beverage. Grilling is allowed in the upper lot only. No on-site preparation allowed. No freezer or refrigeration available. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 14. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair, by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 14 15. Fundraising Groups 1, 2, and 3 may conduct fundraising activities at City facilities. Fundraising activities include, but are not limited to: selling articles on-site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set-up, maintenance, cleaning and security of the areas utilized for the event. 1. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling (not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. 2. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 3 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 2, and 3 will be limited to two per month, per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. Policy—Community Use of Parks & Recreation Rental Facilities Page 13 of 14 16. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painters tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons or signs may be attached to any facility structure or landscaping without prior approval by City staff. Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, or birdseed shall be used in activities or decorating. 17. Tents and other Props Tents or other structures with stakes, tarps, or any part or portion thereof attached to the facility are prohibited. Free-standing canopy tents are permitted with prior approval. Stakes cannot be driven into the grounds, so tents may be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents or other props brought in from other sources will not be stored in City facilities, and shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. 18. Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for equipment set up and take down must by made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. Policy— Community Use of Parks & Recreation Rental Facilities Page 14 of 14 User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. G:\Parks and Recreation\Administration\Policy\POLICY-Community Use of P&R Rental Facilities.doc