HomeMy WebLinkAboutCity Council - 03/09/2010 AGENDA
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY, MARCH 9, 2010 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
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. LOWER MINNESOTA WATERSHED DISTRICT: RIVERBANK EROSION
Council Chamber
II. OPEN PODIUM
A. PETER YAO—FLYING CLOUD AIRPORT
III. ADJOURNMENT
ANNOTATED AGENDA
DATE: March 5, 2010
TO: Mayor and City Council
FROM: Scott Neal, City Manager
RE: City Council Meeting for Tuesday, March 9, 2010
TUESDAY,MARCH 9, 2010 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.
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 23, 2010
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 23, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
Ann Higgins, Chair of the Heritage Preservation Commission, will present
an update.
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-E on the Consent Calendar.
A. CLERK'S LICENSE LIST
ANNOTATED AGENDA
March 9,2010
Page 2
B. SET HEARING DATE FOR APPEAL OF FINAL ORDER 2009-14
C. AWARD CONTRACT FOR 2010 STREET SWEEPING TO RELIAKOR
SERVICES, INC.
D. APPROVE AMENDMENT TO COOPERATION AGREEMENT WITH
METROPOLITAN COUNCIL FOR THE FAMILY AFFORDABLE HOUSING
PROGRAM
E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR
TRAIL RECONSTRUCTION ALONG DUCK LAKE TRAIL,VALLEY VIEW
ROAD AND EDENVALE BLVD.
IX. PUBLIC HEARINGS/MEETINGS
A. 2010 CDBG FUNDING RECOMMENDATIONS (Resolution)
Official notice of this public hearing was published in the February 11, 2010,Eden
Prairie News.
Synopsis: The 2010 CDBG allocation has not yet been announced by the office of
Housing and Urban Development(HUD). Therefore, the Human Services Review
Committee used the conservative estimate of$260,000 in making funding
recommendations. The HSRC's recommendations were presented to the City
Manager and revised to transfer$2,000 from CAPSH car repair funding to the
YMCA child care program. Including CAPSH, three applicants are not recommended
for funding this year. Once the actual CDBG allocation amount is received, the funds
will be modified on a percentage basis for each of the funded applicants unless
otherwise directed by the City Council. The regulations stipulate that public service
funding may not exceed 15 percent of the City's total allocation.
# Human Services Activity Funding County %of
Level Priority Allocation
1 PROP Housing Support Services $25,000 High 10%
2 YMCA(Child Care Subsidy) $12,000 High 5%
3 HOME (Household & Outside Maintenance for the $8,000 High 3%
Elderly)
4 HomeLine(Tenant's Advocacy Service) $5,000 High 2%
Subtotal $50,000
Housing Activities Funding County
Level Priority
7 Housing Rehabilitation Deferred Loan Program $131,400 High 50%
8 Affordable Housing Initiative $50,000 High 19%
10 Fair Housing Initiative $2,600 High 1%
11 Program Administration $26,000 10%
Grand Total $260.000
Background Information
2010 Allocation Process
The discussion of how to distribute the 2010 CDBG funds through the Human
Services Review Committee included a complete review of all "Request for Funding"
ANNOTATED AGENDA
March 9,2010
Page 3
applications and the distribution percentage of funds in 2009. The Committee's goals
were to have the best and highest use of these funds for human services that
demonstrated the most direct benefit to the community.
MOTION: Move to adopt Resolution approving the use of 2010 CDBG
funds as recommended by the City Manager.
X. PAYMENT OF CLAIMS
MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
Synopsis: The City Council hosted Commission interviews on Tuesday, February
23, 2010. Overall, there were 21 applicants (13 new applicants and 8 reapplicants).
Fifteen candidates are being designated for Commission appointments on March 9,
2010; eight appointed for the first time, and seven reappointments. All terms of
appointment are scheduled to begin on April 1, 20010. A required City Commission
Orientation session will be held on Thursday, March 25, 2010, for all new and re-
appointed Commission members in advance of the April 1 start date.
MOTIONS:
Move to: Appoint to the Arts & Culture Commission:
Tonja Bivins and Gina King —Terms to expire March 31, 2013.
and
Move to: Appoint to the Conservation Commission:
Laura Jester, Greg Olson and Prashant Shrikhande — Terms to
expire March 31, 2013.
and
Move to: Appoint to the Heritage Preservation Commission:
Matthew Fyten, Jeffrey Lawler and Mark McPherson —Terms
to expire March 31, 2013.
and
ANNOTATED AGENDA
March 9,2010
Page 4
Move to: Appoint to the Human Rights & Diversity Commission:
Robert Rozanski, Gayle Sanders and Pamela Spera —Terms to
expire March 31, 2013.
and
Move to: Appoint to the Parks, Recreation & Natural Resources
Commission:
Tom Bierman, Larry Link and Joan Oko —Terms to expire
March 31, 2013.
and
Move to: Appoint to the Planning Commission:
Kevin Schultz —Term to expire March 31, 2013.
B. BOARD OF APPEAL AND EQUALIZATION
Synopsis: The proposed members for Council approval are experienced real estate
professionals with extensive knowledge of the Southwest metro area.
• Brian Duoos of Edina Realty is involved in the sale of single family properties in
the southwest metro area.
• Jim Johnson of The Realty House is involved in the sale of single family
properties in the southwest metro.
• Lyndon Moquist of Edina Realty is involved in the sale of single family
properties in the southwest metro.
• Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of
single family properties in the southwest metro area.
• Patricia Pidcock of Edina Realty is involved in the sale of single family properties
in the southwest metro area and a former member of the City of Eden Prairie City
Council.
From 1992 through 2009, the City has appointed a special Board of Appeal and
Equalization(also formerly named the Board of Review). The members are citizen
volunteers that are active and knowledgeable, with extensive experience in the real
estate market. The members are recruited by the City Manager and City Assessor and
appointed annually with confirmation by the City Council. The City pays the
members a per diem payment of$50 for all required training sessions and Board
meetings.
In 2003, the Minnesota legislature passed a law requiring members of local Boards of
Appeal and Equalization to attend a training session, developed by the Minnesota
Department of Revenue, at least once every four years. All of the appointees were
trained by the Minnesota Department of Revenue staff on March 25, 2009 and their
training expires on November 30, 2012.
ANNOTATED AGENDA
March 9,2010
Page 5
MOTION: Move to appoint to the Board of Appeal and Equalization:
Brian Duoos, Jim Johnson, Lyndon Moquist, Annette O'Connor, and
Patricia Pidcock for the period of April 1, 2010 through May 31, 2010, or
until the Board of Appeal and Equalization completes its work.
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
Synopsis: Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Commissions. The City Council
hosted Commission interviews on Tuesday, February 23, 2010, and determined Chair
and Vice Chair assignments for the period of April 1, 2010, through March 31, 2011
at this time.
City Code Section 2.22, Subd. 5 Officers states, if applicable, "the Council shall in
March each year choose a chairperson and vice-chairperson for a Board or
Commission to serve for a period of one year." To be eligible for consideration, City
Code states, "a chairperson must have served one year on the Board or Commission
before becoming eligible for appointment as a chairperson."
MOTIONS:
Move to: Appoint Ann Rorem - Chair and Farida Kathawalla - Vice Chair
of the Arts and Culture Commission.
and
Move to: Appoint Laura Jester - Chair and Greg Olson - Vice Chair of the
Conservation Commission.
and
Move to: Appoint Ann Higgins - Chair and Kathy Veurink - Vice Chair of
the Heritage Preservation Commission.
and
Move to:Appoint Pamela Spera - Chair and Marcy Harris - Vice Chair of
the Human Rights and Diversity Commission
and
Move to: Appoint Geri Napuck - Chair and Hutch Coburn - Vice Chair of
the Parks, Recreation and Natural Resources Commission.
and
ANNOTATED AGENDA
March 9,2010
Page 6
Move to: Appoint Jon Stoltz - Chair and Kevin Schultz - Vice Chair of the
Planning Commission.
and
Move to: Appoint - Chair and - Vice
Chair of the Flying Cloud Airport Advisory Commission
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
Synopsis: Chairs and Vice-Chairs are appointed annually by the City Council
following the appointment of members to City Boards and Commissions. City Code
Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose a
chairperson ad vice-chairperson for a Board or Commission to serve for a period of
one year." To be eligible for consideration, City Code states, "a chairperson must
have served one year on the Board or Commission before becoming eligible for
appointment as a chairperson."
MOTION: Move to appoint Patricia Pidcock — Chair and Brian Duoos —
Vice-Chair of the Board of Appeal and Equalization.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORTS OF CITY MANAGER
1. Cummins Grill Lease
Synopsis: At the July 21, 2009, Council Workshop, the Council gave
direction to City staff to enter into a dialogue with the Eden Prairie Historical
Society(EPHS) regarding the future of the Cummins-Grill Homestead
(CGH). That dialogue evolved into a discussion about the prospect of the City
leasing the CGH property to the EPHS. That discussion evolved into a lease
negotiation process that produced the lease agreement that you will consider
approving at your March 9, 2010, Council meeting.
The proposed lease agreement seeks to change the relationship between the
City and the EPHS regarding the management of the CGH. Currently, the
City is responsible for capital improvements and normal maintenance of the
CGH building and property. The City is also responsible for programming the
building. The EPHS uses the CGH facility for occasional meetings and assists
the City with some programming.
The City's priority for making capital improvements to the building and
creating programming for the property is clearly lower than what the EPHS
would like it to be. This can put us into conflict with the EPHS over the care
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 9, 2010 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, FEBRUARY 23, 2010
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 23, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. HERITAGE PRESERVATION COMMISSION
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. SET HEARING DATE FOR APPEAL OF FINAL ORDER 2009-14
C. AWARD CONTRACT FOR 2010 STREET SWEEPING TO RELIAKOR
SERVICES, INC.
D. APPROVE AMENDMENT TO COOPERATION AGREEMENT WITH
METROPOLITAN COUNCIL FOR THE FAMILY AFFORDABLE
HOUSING PROGRAM
E. AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR
TRAIL RECONSTRUCTION ALONG DUCK LAKE TRAIL,VALLEY
VIEW ROAD AND EDENVALE BLVD.
CITY COUNCIL AGENDA
March 9, 2010
Page 2
IX. PUBLIC HEARINGS/MEETINGS
A. 2010 CDBG FUNDING RECOMMENDATIONS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. COMMISSIONS
B. BOARD OF APPEAL AND EQUALIZATION
C. CHAIRS AND VICE CHAIRS OF COMMISSIONS
D. CHAIR AND VICE CHAIR OF BOARD OF APPEAL & EQUALIZATION
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Cummins Grill House Lease
2. FCM Issues Update
3. Google Broadband Initiative
4. Yellow Ribbon Community Proposal
5. CAPSH Veteran's Housing Proposal
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Smith Douglas More House Conditional Use Permit Amendment and
Lease Amendment
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
1. Homeland Security Grant
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
CITY COUNCIL AGENDA
March 9, 2010
Page 3
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
March 9,2010
Page 7
and use of the property. The lease agreement addresses this issue by changing
the roles and responsibilities of the City and the EPHS at the CGH. For
example, the EPHS will assume the responsibility for programming, including
promotion and marketing, for the CGH. The City will continue to coordinate
with the EPHS about programming the site, but the lease provides final
authority on programming to the EPHS.
The agreement also changes the responsibility for normal maintenance of the
CGH. The CGH will remain public property under the proposed lease, but
normal daily maintenance duties will be assumed by the EPHS. The City will
provide maintenance tools and materials, but the EPHS will be responsible for
implementation. The lease requires the City to maintain the foundation, slab,
exterior walls and roof and to provide basic utilities to the property to insure
that it does not degrade, which is a federal historic preservation requirement
the City cannot transfer to a third party.
Perhaps the most significant change in roles is in the area of capital
improvements. The lease provides authority for the EPHS to seek and fund
capital improvements to the CGH, provided the improvements meet the
historic preservation guidelines for the CGH and they are approved by the
City. This change of role is intended to empower the EPHS to seek grants and
raise private funds for improvements they desire for the CGH.
The proposed lease agreement requires the EPHS to provide reasonable public
access to the CGH; to care for the property in a manner that is consistent with
national, state and local historic preservation guidelines; to provide for their
own property and casualty insurance for their own property inside the CGH;
and to consult with the City before making physical changes to the property.
The proposed lease allows the EPHS to rent the facility to private parties for
meetings and events. The lease also allows the EPHS to sublease a portion of
the CGH. Both of these provisions are designed as means for the EPHS to
generate income that they will use to maintain the CGH. The lease does not
include the out-buildings around the CGH or much of the landscape
surrounding the building itself.
Leasing the CGH property to the EPHS is only one among many alternatives
available to the City. Other alternatives include:
1. Commercial Adaptive Reuse—The Council received a report in 2009
which provided options for a commercial adaptive reuse of the property.
The Council could direct staff to pursue the recommendations of that
report.
2. City Investment& Development—The City could initiate a greater
investment of financial resources into the full development and
programming of CGH as a non-commercial property,perhaps as museum
or public meeting facility.
ANNOTATED AGENDA
March 9,2010
Page 8
3. Minimal Maintenance—The City could provide the minimal amount of
maintenance required to keep the CGH compliant with building and
preservation codes.
The effort to study the adaptive reuse of the CGH that culminated in the 2009
report was one that envisioned development and preservation of the property
with a combination of City and Non-City resources. The Non-City resources
were anticipated to be private gifts, investor funds and grants. I believe the
strong preference of the Council in 2009, as it may still be today, was that
Non-City dollars be the largest share of any adaptive reuse of the property.
The City does not have funds programmed for the improvements that would
be required to the CGH to adapt it into the museum or public meeting facility.
The City has access to grant funds and private gift funds that could fund these
improvements,but the costs of these improvements would be substantial.
The minimal maintenance option is not a cost-free option for the City. Even if
the City does nothing with the CGH, the City is still bound to maintain the
physical integrity of the house and to insure that it does not degrade from lack
of basic maintenance.
MOTION: Move to approve a lease agreement with the Eden
Prairie Historical Society for the Cummins-Grill Homestead
property.
2. FCM Issues Update
3. Goole Broadband Initiative
4. Yellow Ribbon Community Proposal
5. CAPSH Veteran's Housing Proposal
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Smith Douglas More House Conditional Use Permit Amendment and
Lease Amendment
Synopsis: In June, 2002, the City Council approved a conditional use permit
for the Smith Douglas More House. The current permit only permits the sale
of coffee and office use. Ann Schuster of Pure Grace, LLC currently leases
the building and would like to have additional uses permitted by Conditional
Use Permit. The uses were reviewed by the Heritage Preservation
Commission and are listed in the attached January 22, 2010, Planning
Commission Staff Report. The uses have been revised since the February 16th
Council meeting to clarify allowable food/beverage sales, reference beer/wine
license requirements, and to allow acoustic outdoor music on the south patio.
ANNOTATED AGENDA
March 9,2010
Page 9
The City Attorney has provided a memo outlining his legal opinion on
potentially restricting political activities on the property.
An amendment to the 2009 lease is also required to change the allowable uses
to match the CUP amendment. A Heritage Preservation Site Alteration Permit
is not required.
Background Information
On February 16, 2010 the City Council held a public hearing for the
Conditional Use Permit Amendment. Discussion took place on adding live
music as an outside use; whether campaign signs/literature should be allowed
on the property; and concerns regarding a farmers market. The Council closed
the public hearing and continued discussion on the Conditional Use Permit
Amendment to its March 9th meeting.
Ann Schuster also met with staff to clarify a few of the proposed uses. The
following changes have been made in the CUP and lease since February 16th:
• Language regarding the sale of food items currently available has been
clarified. The clarification will not change the intent of the proposed
use.
• The sale of beer and wine will meet City license requirements.
• Live acoustic outdoor music will be allowed on the south side patio
only. This is the staff recommendation. Ms. Schuster would also like
to continue having amplified music on the patio, which would require
a change to the attached CUP and lease amendments.
No reference to political activities is currently included in the CUP or lease
amendment language. Ms. Schuster has indicated that she currently does not
allow political materials to be left at the business. No changes have been made
to the farmer's market language since February 16th.
An email sent from a resident concerning the CUP is attached. The City's
zoning administrator reviewed and responded to her issue.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval at its January 25,
2010 meeting of the uses listed in the Planning Commission Report.
MOTION: Move to:
• Approve the Conditional Use Permit Amendment for the Smith
Douglas More House; and
• Approve the Lease Amendment for Pure Grace, LLC
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
ANNOTATED AGENDA
March 9, 2010
Page 10
F. REPORT OF POLICE CHIEF
1. Homeland Security Grant
Synopsis: The City of Eden Prairie has been awarded a 2009 Homeland
Security Grant for the amount of$67,000. The grant will be used to fund a
part-time contracted employee with MN Joint Analysis Center(MNJAC).
MOTION: Move to accept the 2009 Homeland Security Grant
#2009-MNJAC-00513 for the amount of $67,000.
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,FEBRUARY 16, 2010 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
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 Siira
Gunderson, and Recorder Lorene McWaters
FLYING CLOUD AIRPORT ADVISORY COMMISSION: Richard King—Chair, Jeffrey
Larsen—Vice-Chair, Judy Gentry, Greg McKewan, Mark Michelson, Jeff Nawrocki, Kurt
Schendel, Scott Kipp— Staff Liaison
Heritage Room II
I. WELCOME AND INTRODUCTIONS
Flying Cloud Airport Advisory Commission(FCAAC) Chair Rick King introduced the
members of the commission.
II. PRESENTATION ON 2009 YEAR END REPORT AND 2010 GOALS
Vice Chair Mark Michelson reviewed the FCAAC's roles and responsibilities. He said the
commission's 2009 goals included:
• Educate and inform
• Visibility/communication
• Monitoring the Final Agreement
• Reduction of nighttime noise
• Improve airport appearance
Michelson said the commission held six regular meetings and four special events. The
special events included a public neighborhood meeting held in May, a tour of airport
businesses and capital improvements, a public meeting with Hennepin Village Homeowners
Association Boards and a tour of the new south parallel runway.
Michelson said new safety and security improvements have been undertaken, including
installation of new locked security gates with key pad entry. At the request of the Mayor,
the commission also met with Metropolitan Airports Commission(MAC) and the FAA to
review nighttime noise reduction options. The FAA said they cannot make the nighttime
City Council Workshop Minutes
February 16, 2010
Page 2
curfew mandatory, but they indicated they would work with the commission on the issues.
Noise restriction language has been added to the Airport Facility Directory.
Kurt Schendel reviewed the FCM pilot guide, which the FCAAC helped to create in
cooperation with the MAC. The guide includes information about noise restrictions and
noise abatement procedures at Flying Cloud Airport.
Schendel reviewed MAC's 2009-2015 Flying Cloud Airport Capital Improvement Plan,
MAC's environmental compliance at the airport, and aircraft operations and traffic counts
by month. Schendel said a lot of airport data has been added to the City's website.
At the request of the FCAAC, Flying Cloud Airport will participate in the MAC's
Multilateration Project, which will result in better reporting and tracking of air traffic.
Schendel went over the goals for 2010, which will be the same as 2009. They are to
continue to educate and inform; to communicate to all stockholders; to monitor the Final
Agreement; to work to reduce nighttime noise; and to improve the appearance of the airport.
III. MISCELLANEOUS: RUN-UP AREA,NOTIFICATION LETTERS, AND NOISE
TESTING
King said the commission reviewed a proposal by the FAA to add a third run-up area at the
airport. King said the commission agrees that adding the third run-up area would enhance
safety at the airport. King said the commission informed the MAC that they did not object
to the third run-up area but wanted to inform the City Council of the plan.
Council Member Nelson said it looks as if the third run-up area is closer to neighborhoods
than the other two. She is concerned about noise. Case also said the new run-up area would
appear to have a greater noise impact on neighborhoods.
King said the commission is examining the frequency of repeat noise violation notification
letters. He said some operators are receiving multiple letters, which may be resulting in a
reduction of the letter's impact.
Nelson asked if there are rules about which aircraft operate out of Flying Cloud versus MSP
or intermediate airports. She said nighttime flights have a negative economic impact on the
values of surrounding properties.
Chad Leqve, MAC, explained that Flying Cloud is a public use airport and is therefore not
eligible for fees or charges aimed at restricting use.
King said a noise testing program, which is part of the Final Agreement, is being developed.
Thirty-five homes will be tested. If aircraft noise exceeds certain levels, remediation will be
done.
Young asked King for clarification of the position the FCAAC has taken with MAC on the
City Council Workshop Minutes
February 16, 2010
Page 3
third run-up area. King said the commission has not objected to the third run-up area at this
point.
Young asked when these issues can be further discussed by the Council. Neal said they
could be addressed as soon as the March 9 Council meeting.
Council Chamber
II. OPEN PODIUM
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 16, 2010 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, Public
Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Siira
Gunderson 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 1085 for presenting the colors.
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. DORTHEA NELSON AWARD PRESENTATION
Lotthammer said Parks and Recreation Department employee Nicole Weedman
was recently selected to receive the Dorothea Nelson award. This prestigious award
is given to a female who is a professional member of the Minnesota Recreation and
Parks Association(MRPA)with fifteen years or less of professional experience.
The selection is based on outstanding services to the parks and recreation field and
to the MRPA. He presented Ms Weedman with the award. Mayor Young
congratulated her on the accomplishment.
B. ART CENTER DONATION
Lotthammer said the Eden Prairie Lioness Club is donating $1,800 to assist with
funding for equipment at the Art Center. He noted this is the second gift we have
received from them for the Art Center. He thanked the Lioness Club for their
donation.
MOTION: Aho moved, seconded by Nelson, to accept the donation from the
Eden Prairie Lioness Club in the amount of$1,800 to assist with funding for
equipment at the Art Center. Motion carried 5-0.
CITY COUNCIL MINUTES
February 16,2010
Page 2
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Young added Items XIV.A.1., 2., and 3. Neal added Item XIV.B.2.Neal said the
Historical Society has requested Item XIV.B.1.be tabled until after their next meeting so
they can review the item at the meeting. Case added Item XIV.A.4.
MOTION: Duckstad moved, seconded by Case, to approve the agenda as amended.
Motion carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2010
MOTION: Case moved, seconded by Aho, to approve the minutes of the City
Council Meeting held Tuesday, January 19, 2010 as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 19, 2010
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City
Council Meeting held Tuesday, January 19, 2010 as published. Motion carried 5-0.
C. SPECIAL COUNCIL MEETING HELD TUESDAY, FEBRUARY 3, 2010
MOTION: Nelson moved, seconded by Case, to approve the minutes of the Special
City Council Meeting held Tuesday, February 3, 2010 as published. Motion carried
4-0-1,with Duckstad abstaining.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Rick King, Chair of the Flying Cloud Airport Advisory Commission, reviewed the
commission's 2009 report and presented their 2010 goals and work plan. He said the
runway expansion has been completed, and the redevelopment of the buildings on the
north side of the airport is underway. Security improvements completed in 2009 have
made the airport one of the safest in the country. The commission continued
addressing the issue of nighttime noise at the airport and helped to develop a pilot
safety guide which highlights a number of significant noise abatement procedures to
help minimize noise. He said their goals for 2010 are much the same as for 2009.
They will be focusing on the appearance of the airport and plan to modernize the
buildings and make the landscaping as attractive as possible.
MOTION: Duckstad moved, seconded by Aho, to receive the Flying Cloud Airport
Advisory Commission 2009 report and to approve its 2010 goals and work plan.
Motion carried 5-0.
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February 16,2010
Page 3
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION NO. 2010-20 APPROVING FINAL PLAT OF
MENARD'S 81 ADDITION
C. APPROVE SETTLEMENT AGREEMANT WITH CINCINNATI
INSURANCE COMPANY RELATING TO MANLEY DEVELOPMENT,
INC DEFAULT ON COMPLETING LANDSCAPING AGREEMENT
WORK ON THE HERITAGE DEVELOPMENT PROJECT
D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
E. DECLARE VEHICLES AS SURPLUS
F. APPROVE 2010 VEHICLE REPLACEMENT FUND SCHEDULE
G. APPROVE AMENDED CONTRACT FOR REPAIR OF STILLING BASIN
36-42-C
H. APPROVE AMENDED CONTRACT FOR NEILL LAKE BERM ANALYSIS
Case asked if the stilling basin in Item G is mitigation of the pond that malfunctioned
on the east side of the river bottom area. Dietz said this is the one by the Fowler
property. Case said he thought the original pond was built just a couple of years ago.
Dietz said it was upgraded a few years ago, but it was originally built to mitigate the
erosion problems with the property on the north side in Bell Oaks. It was upgraded
with the construction of the Hustad property a few years ago and was always intended
to be an interim solution. Dietz said the action tonight is to increase the value of the
contract with the consultant to do the design work. We received input from the Lower
Minnesota Watershed District consulting engineer about some design changes and we
also received input from another consultant. Their input resulted in a change in scope
from the original contract the Council approved several months ago.
Case said he didn't know why the Hustad project wouldn't have funded this. Dietz
said our intent and our planning always in this issue was to put in a final pond area
with the reconstruction of that segment of Riverview Road. The stilling basin that
was there to keep the water from eroding the bluff area failed at some level. The
PCA has demanded we repair the basin. We would rather wait until we do
Riverview Road, but we now have to complete repairs by the end of the
construction season.
Nelson asked if there are any energy efficient vehicles on the 2010 Vehicle
Replacement Fund Schedule. Dietz said we have a couple of hybrids vehicles in the
fleet but in this replacement schedule we are changing the kind of vehicles to be
more fuel efficient. He said we are limited to using hybrids for supervisory work,
but we are doing some good things to improve our miles per gallon ratios for work
CITY COUNCIL MINUTES
February 16,2010
Page 4
truck replacements.
MOTION: Duckstad moved, seconded by Aho, to approve Items A-H on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. VACATION OF EASEMENTS—MENARDS 7TH ADDITION, LOT 1,
BLOCK 1 (Resolution No. 2010-21)
Neal said official notice of this public hearing was published in the January 28,
2010,Eden Prairie News and sent to six property owners. The property owners
have requested the vacation of all the drainage and utility easements to facilitate the
plat of Menard 8th Addition for the Menards building reconstruction. The
drainage and utility easements were originally dedicated with the plat of Menard
7th Addition. New drainage and utility easements will be dedicated with the plat of
Menard 8th Addition. The release of the resolution vacating the drainage and
utility easements shall be conditioned on the recording of the plat of Menard 8th
Addition. He said there have been no objections to this.
Dietz said Xcel Energy is a recipient of vacation notices, and they have requested
the minutes of this meeting acknowledge that Xcel Energy has a north-south
electrical line that exists on the property to serve Menards that is not shown on the
plat as an easement.
Tom O'Neill, representing Menards Corporation, said vacation of the easements is
necessary for the demolition and reconstruction project there and they are in
support of the vacation.
MOTION: Aho moved, seconded by Nelson, to close the public hearing, and to
adopt Resolution No. 2010-21 vacating all of the drainage and utility easements
lying over, under and across Lot 1, Block 1, Menard 7th Addition, according to the
recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0.
B. ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR ACQUISITION OF A FACILITY BY THE PROP SHOP
Neal said official notice of this public hearing was published in the January 14,
2010,Eden Prairie News. The Prop Shop is a social entrepreneurship based
organization whose mission is to provide basic support for families in need through
volunteers, community and other organizations. The Prop Shop's programs assist
low income families in Eden Prairie and Chanhassen. In 2006, a Board of
Directors, including a volunteer Executive Director, formed the Prop Shop (a
separate organization from PROP).
Neal said donations to the Prop Shop also stock the resale store which raises funds
for its operations and serves as a fundraising mechanism for local social services
organizations. The Prop Shop has given$25,000 to PROP and Meals on Wheels.
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Page 5
The success of the retail store surpassed expectations, whereas the initial budget
projected making a profit in three years, the store actually met its expenses within
the first month. Annual profits have continued to increase each year and the Prop
Shop maintains a cash reserve for six months of operating expenses. The building
which the Prop Shop has been renting since 2007 became available for purchase in
late 2009. This site has been a perfect fit for the Prop Shop as it is centrally located
in Eden Prairie, with easy access to Highway 212 and is in the same neighborhood
as PROP.
Neal said the sale price is $550,000 (also appraised at $550,000). The Prop Shop
has been approved for a $350,000 mortgage through Flagship Bank. The Prop
Shop will make a $200,000 down payment, with $100,000 coming from their cash
reserves and$100,000 coming from the CDBG grant. The CDBG funds to be used
are generated from the 2009 program income, and the expenditure will not take
funds from any other program and will assist the city's obligation to expend
program income in a timely manner.
Jeremiah said the program income for 2009 was about$129,000, and there is some
remnant program income from previous years so we are in a situation where HUD
is looking for us to spend this down. This is within the 85%requirement for
spending on bricks and mortar.
Young noted these are pass-through dollars from the federal government and are
not from Eden Prairie tax dollars.
Deb Karulf, President of the PROP Shop Board, said they are a new kind of
nonprofit that opened their doors in April of 2007. Their goal is to become
completely self sustaining and to give back to the Eden Prairie community. Owning
this building will allow them to decrease their operating expenses. She said they
have helped over 800 families including over 3500 individuals. Because of the
success of their operations, they were able to raise over half of the down payment
needed for the building.
Ann Rannow, 17150 Cedarcrest Drive, said she represents the network of
volunteers at the PROP Shop and asked the Council to help the PROP Shop realize
the dream of owning their building.
MOTION: Nelson moved, seconded by Aho, to close the public hearing and to
approve the allocation of$100,000 in Community Development Block Grant funds
to the Prop Shop for acquisition of a facility to be used as their base of operations.
Motion carried 5-0.
C. SMITH DOUGLAS MORE HOUSE CONDITIONAL USE PERMIT
AMENDMENT
Neal said official notice of this public hearing was published in the February 4,
2010,Eden Prairie News and sent to 81 property owners. In June, 2002, the City
Council approved a conditional use permit for the Smith Douglas More House.
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Page 6
The current permit only permits the sale of coffee and office use. Ann Schuster,
who currently leases the building, would like to have additional uses permitted by
the conditional use permit. The uses have been reviewed by the Heritage
Preservation Commission and are listed in the attached January 22, 2010 Planning
Commission Staff Report. The conditional use permit will expire February 16,
2015. A Heritage Preservation site alteration permit is not required. The Planning
Commission voted 5-0 to recommend approval at the January 25, 2010 meeting.
Jeremiah said most of the uses are limited to the inside of the building, with a
couple of exceptions for wedding receptions, the Antique Fair Treasure Hunt and
farmers market type activities.
Young said the list of items includes a number of items that have been current uses
of the property and asked if that means activity taking place there at the site has not
been in compliance with the current permit. Jeremiah said that was correct, and
there was a lack of memory of how limited the original conditional use permit was.
She said it came to our awareness that the conditional use permit was not reflecting
the types of use of the property and that was the reason we decided to revisit and
amend it.
Young asked how we enforce compliance with the conditional use permit after we
grant it. Jeremiah said we generally enforce any type of compliance related to
zoning and land use by complaint, and we weren't receiving complaints about the
property. The additional public hearings held about the amendment gave us an
opportunity to hear from neighboring properties, and most of the calls we received
have suggested they are comfortable with the uses that have taken place there in the
past. The only complaint about any activity happening there, Dave Lindahl has
been the liaison between staff and Ms Schuster.
Ann Schuster, manager of the coffee shop, was concerned that the document has
changed since she saw it last. She said they have always had live music in the patio
area during the summer and that is not included in the document changes. She said
they have never received a complaint about the live music.
Young asked if she was requesting a conditional use permit that permits music in
the patio area. Ms Schuster said that was correct.
MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion
carried 5-0.
Case said he was part of the original process with the conditional use permit, but he
didn't recall that we had the kind of specificity with uses that we are looking at
tonight. He thought the fact that things have evolved and been permitted is not as
much an infraction as it is that those things were just not included in the original
permit. He said some of the activities were assumed to be okay. In his discussion
with kids that frequent the place, music is an integral part of the coffee shop. He
would be interested in working through a compromise if there had been a lot of
complaints, but he thought it doesn't seem to be a problem since we have not
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February 16,2010
Page 7
received any complaints. He thought we could have an annual review and allow the
City or the owner of the franchise to express any concerns. That review would
allow issues such as the Christmas tree sale and the music to be brought up and
discussed.
Young didn't think we need to spend a lot of time discussing the uses.
Neal said the original conditional use permit was made in 2002, and he asked Ms
Jeremiah how many conditional use permits exist. Jeremiah said there are definitely
less than six, and it is not a tool we use frequently. Neal said that is good because it
means we hold people to our code and don't make a lot of exceptions. He thought
the amendment is trying to be very clear because we own the building and how the
property has been used has been an issue that reached the Council. We want to
make sure we are clear that things of a commercial nature going on in the building
are permitted.
Young asked if it is the tenant that should be the holder of the conditional use
permit for a rental property. Neal said he was not sure, but thought that was
normally the case. Young asked what rights remain with the City under the current
lease as far as what control we have over what goes on there and any signs or
literature that are displayed there. Jeremiah said the intent is for the conditional use
permit to specify the allowable uses on the property. The lease speaks more to the
payment of costs and who is responsible for maintenance of the property. The
conditional use permit guides the use of the property. Our legal advice was to make
sure we specify everything that is allowable,both inside and outside. The current
language does not accommodate music on the patio.
Young said this is an election year and he wanted to know what type of political
activity we will permit there. He didn't know if that is controlled by the lease, but
he didn't want any ambiguity about that. His concern is with material being left
behind that indicates an endorsement of a particular candidate. He would want to
cover any ambiguity in the lease about our rights to control that type of activity
before we renew this lease. Neal said that is a very important question to answer
and we would need to sit down with legal counsel and get his best advice. We
could have an answer fairly quickly but do not have an answer tonight.
Nelson said she liked the general list but was concerned about it being a little over
restrictive. She didn't know how we get around that, but she would not like to
amend this every time they want to make an addition to their menu.
Young asked when the current conditional use permit expires because it seems to
him we are not ready to make a decision on the permit. He wanted further
explanations on the lease and the outside activities because he was concerned about
the farmers market. He would like there to be greater opportunity for input on this
from other entities such as the Chamber of Commerce.
Case thought if we pull the item we might want to add a list of things to be looked
at by staff. He appreciated Council Member Nelson's concerns, and he definitely
CITY COUNCIL MINUTES
February 16,2010
Page 8
believed we should pursue language that permits the outside music. He agreed with
getting some legal perspective about the political part of it because it is a City-
owned building.
Duckstad said we have a conditional use permit before us on the agenda which has
been addressed and recommended by the City's Planning Commission. He didn't
know the City Council is in a position legally to micro manage what the applicant
of a special permit requested. He suggested the Council at least send it back to the
Planning Commission and have them approve a special use permit with items
listed.
Young asked if he wanted to take a vote on this item tonight. Duckstad said he
would have no problem with that as it was recommended on a 5-0 vote by the
Planning Commission. He would like to know what the special permit included
when it was recommended at the Planning Commission level.
Nelson thought we could briefly fix this up but if we decide to put it off, she didn't
want the things happening there to stop because she believes this is an asset to the
community. She thought with some wording regarding items like the sale of food
and adding live music in the patio area this could go tonight. We may have to hold
back about the political issue. Most businesses don't allow political signs at all.
Aho thought it would be better to send this back to the Planning Commission. He
thought it is always a mistake to sit here and edit a document on the fly by
committee. Staff can bring it back to the Council after the issues we mentioned
tonight are addressed.
Neal said this is a recommendation from the Planning Commission, and Council
Member Duckstad asked what was included in their recommendation. It is the same
list of uses, and he would suggest if the Council wants to direct it back to the
Planning Commission it would be helpful to give them direction so they have
somewhere to start.
Young said there are two or three types of issues and he didn't think we will reach
agreement on the Council so he was not sure what the Planning Commission would
do with it.
Case said he was not sure about sending something like this back when we could
handle it and be done with it. He agreed we should clarify the political piece and
that could be done outside of the conditional use permit. Since we are trying to save
money he thought it should go back to staff for clarification and then brought back
to the Council at the next meeting.
Nelson said she was fine with it just going back to staff and then coming back to
us. She didn't think it needs to go through another public hearing.
Aho said he didn't think it needs to go through the full process and could just go
back to staff to adjust as we have discussed tonight.
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February 16,2010
Page 9
MOTION: Case moved, seconded by Aho, to continue the item to the March 9
meeting. Motion carried 5-0.
D. ISSUANCE OF UP TO A $6,000,000 MULTIFAMILY HOUSING REVENUE
NOTE, SERIES 2010 TO REFINANCE PREVIOUS BONDS ISSUED BY
COMMUNITY HOUSING DEVELOPMENT CORPORATION AND
FINANCE APPROXIMATELY$2,000,000 IN IMPROVEMENTS (PRAIRIE
MEADOWS) (Resolution No. 2010-22)
Neal said official notice of this public hearing was published in the January 21,
2010,Eden Prairie News. The City is authorized(particularly under Minnesota
Statutes, Chapter 462C, as amended(the "Act") to carry out the public purposes by
issuing revenue notes and bonds to defray, in whole or in part, the development
costs of a low and moderate income rental housing. Community Housing
Development Corporation plans to use the note proceeds to refinance certain
taxable bonds previously issued to finance the cost of acquisition and rehabilitation
of a 168-unit multifamily residential rental housing development for occupancy by
persons and families of low and moderate income (the "Project"), located at 11345
Westwind Drive in the City, and generally known as Prairie Meadows Apartments,
and financing additional improvements to the Project. This public hearing is to
provide an opportunity for the public to comment on the project and the issuance of
the debt. He said we serve as a conduit for a private developer to access tax free
debt and does not carry public obligation.
Jeremiah said there have been a series of rehabilitation projects to this property
since 2005, and this will allow them to continue the work being done there. They
are replacing the ventilation systems, re-grading the outside, installing emergency
backup lighting, replacing interior fixtures, and doing other work. She noted the
City makes 1/8 of 1% of the balance from these projects.
Young asked if there are any circumstances under which the City of Eden Prairie
could be compelled to pay the bonds. Neal said there are not.
Nelson said she had heard rumors over time about some mold problems and asked
if things will be brought up to code during the rehabilitation work. Jeremiah said
they will, and noted in 2005 they replaced the windows and wound up with
moisture problems.
Case asked if this maintains our affordable housing which actually helps us with
our voluntary obligations to the Livable Communities Act. Jeremiah said this does
help us with our affordable housing commitment.
Duckstad asked if the participation of the City of Eden Prairie in this matter is
merely a formality and will not result in increasing or decreasing our present debt
obligations. Neal said that was correct.
There were no comments from the audience.
CITY COUNCIL MINUTES
February 16,2010
Page 10
MOTION: Case moved, seconded by Aho, to close the public hearing and to
adopt Resolution No. 2010-22 granting preliminary approval to the issuance of
multifamily housing revenue note (Prairie Meadows Project), Series 2010. Motion
carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Case, 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
XIV. REPORTS
A. REPORTS OF COUNCILMEMBERS
1. Hollywood Video—Mayor Young
Young said the Council was notified in mid-January regarding the situation
involving Hollywood Video. He asked if the Council had been apprised
prior to January that they were in default of the rental obligations. Neal said
he was not sure and would have to look back at the records. They had a
previous bankruptcy prior to the current filing, so there was a previous
incident of that.
Young said he believed the last payment was received in August, and his
preference would have been to know before mid-January that our tenant
was behind in the rent. Now we are stuck because the parent corporation is
in bankruptcy and we can't evict them without permission of the
Bankruptcy Court. This is a concern to him, and if we had moved earlier in
the eviction process we might be in a different situation.
Gunderson said this is a Chapter 7 liquidation, and Hollywood Video has
requested permission from the court to conduct a store closing sale.
Permission has been granted and, according to documents submitted to the
court, they have requested up to eight weeks to complete the store closing
sale. At that point they will have to decide what to do with our leasehold
interest. The City Attorney's office has spoken with counsel for the debtor,
and they have indicated the debtor will most likely make a decision about
the lease policy shortly after the completion of the store sale. Young said
we don't know that for sure. Gunderson said that was true.
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February 16,2010
Page 11
2. League of Minnesota Cities—Mayor Young
Young said everyone is aware our economic condition is difficult, and the
state government has a significant deficit this year. The Governor took steps
to balance the budget through the unallotment powers, and some litigation
has ensued over that unallotment process. He said his understanding is that
the League of Minnesota Cities has elected to file an amicus brief opposing
the Governor's unallotment powers because one of the items unalloted was
local government aid (LGA). He said Eden Prairie does not receive any aid
from the LGA funds and is a donor to the system. This is another instance
of the League taking a position that is adverse to the interests of the City of
Eden Prairie. He said it is his intention to communicate by letter with the
League of Minnesota Cities to voice his opposition to their participation in
the Supreme Court appeal and also in opposition to their position on the
Governor's exercise of the unallotment powers. He said he will write the
letter under his name and asked other Council Members to join him if they
would like.
Aho said he would be happy to join in the effort.
With regard to the League of Minnesota Cities joining a lawsuit, Duckstad
asked if they have been previously involved in litigation that involved a
decision like this. Young said the League has filed amicus briefs on other
occasions. Duckstad asked if they were ostensibly political in nature. Young
said he didn't know, and it was his concern that this involved interplay
between the Governor and the legislature.
Duckstad said the League generally serves all municipalities around the
state, and common sense would say they should stay neutral and keep out of
political leanings. He said he could be included in the Mayor's letter. He
noted this is not an action of the Council.
3. 2010 Budget and the 911 Dispatch System—Mayor Young
Young said we as a City are going to have a challenging budget season this
year, and we need to do more than we have in the past to look for
opportunities to cut costs and to coordinate services across all departments.
He said he was concerned about our 911 dispatch system, and he has raised
the issue in the past of what is the right path for the City of Eden Prairie. He
understood that in years past Hennepin County was not willing to
coordinate with other cities; however, he was surprised to learn that Golden
Valley was recently included in the Hennepin County system. In the past we
have made capital investments in the 911 system and he believes it is
critical before any other issues of capital expenditures of that nature occur
the City Council must be fully informed of the options. We have to look for
those sorts of opportunities as we move forward or at least have the
opportunity to discuss them.
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February 16,2010
Page 12
4. Storm Water Retention Ponds—Council Member Case
Case said at the last meeting we approved a schedule of compliance
agreement with the Minnesota Pollution Control Agency(MPCA)regarding
a plan to become compliant with our storm water retention ponds south of
Riverview Road. He had a chance to do more study into that and also read
the newspaper article last week. It appears that much of the erosion relates
to the springs coming down into the bottoms area and our uncollected storm
water spewing into the Minnesota River. He asked how much trouble we
are in based on the new compliance agreement and how are we going to pay
for the ponds. He noted Ms Stovring was planning to do a process to
evaluate NURP ponds and asked where we are with that. He asked what
plans we have for disposal of any regulated materials dredged out of the
ponds.
Dietz said we have a serious disagreement about our"spewing" erosion into
the river. The nature of the article on the erosion in the river is all about
why that pond failed. He said the river has moved 100 feet since we built
the pond in 1987. The MPCA doesn't care about that and so we have to do
something about it. We have put together a schedule of when we are going
to comply, and at the time of the signing of the agreement we had
concurrence and review concurrence from the MPCA of work we were
going to do on the Fowler property. Subsequent to building the pond in
1987, a neighborhood on Spy Glass provided a pond that provided part of
the 60/40 split. The one thing we have been able to agree on with MPCA is
that building a pond in that location without taming the river is a waste of
money. We have been waiting for the final report from the Lower
Minnesota Watershed District on their study of the erosion problem. The
cost for that will be over$1,000,000, and they would like to go to the 2011
legislature to see if there are funds available for the project. We have
agreement with the MPCA that we are going to be able to replace the 40 or
60% elsewhere in the system. Depending on the advancement of a project to
stop erosion on the river, we will be able to put the pond exactly where it
was. If that erosion project does not advance, we will have to look at some
place else in the system and we have until the end of the year to get a plan
approved with the MPCA.
Case asked if we have completed the survey of our ponds. Dietz said we
have not. We do surveys of all the ponds and will be bringing a contract for
another consultant to do the evaluation of the modeling of the various
ponds. We will try to do a certain number of those each year and will
determine if they are the right size and design and what needs to be done to
bring them into compliance.
Case asked how much is in the account. Dietz said we collect about
$800,000 per year, and he was not sure how much storm water drainage
money is in it now. We use the fund to pay for such things as street
sweeping and staff members to administer programs.
CITY COUNCIL MINUTES
February 16,2010
Page 13
Case asked if we found regulated materials. Dietz said we replaced the
storm sewer in Bent Creek Golf Course when the corrugated metal piece
failed and needed to be replaced. We were going to evaluate the site and
enlarge the pond, but the soil samples had the 16-character carbon fraction
materials in it. He said most of the ponds in the entire metropolitan area
could have that material in them.
Case asked if we have enough in our accounts and if we are planning for the
possibility of how expensive it will be when we start cleaning them up.
Dietz said the issue is that cities in the metropolitan area are spending
millions of dollars, and the contribution we make to the Minnesota River is
miniscule compared to the contribution from outstate rural agricultural land.
That is where the erosion problem is, yet we are trying to solve the problem.
He said we are low in our storm water rates and are doing a rate study now.
Until we know some more details of the nature of the disposal of these
things, he didn't think we will know what our rates will have to be.
Duckstad asked if he said Eden Prairie has at least 900 of these ponds. Dietz
said that is true. Duckstad noted Mr. Dietz indicated that we are electing to
do the required maintenance incrementally. He said these ponds have
existed for a long time and asked if there is any compelling reason why
some or all of them have to be addressed at this time. Dietz said the reality
is that the EPA has mandated certain things to happen, and we are classified
as a MS4 city. In the beginning cities larger than 500,000 had to get a
permit from the PCA to deal with storm water, and then they moved that
requirement down to the MS4 cities. We are under mandate to inspect 20%
of the ponds each year and file a plan to deal with the findings of the
inspections. We may have to hire additional staff in this area and will
probably spend a lot more to do maintenance. It is a complicated and
frustrating process that has very specific requirements.
Duckstad said we can only do so much and all the governmental agencies
are suffering from a lack of revenue. He assumed other cities are in the
same boat and asked what the solution is. Dietz said we are working on it.
There is a study group of environmental coordinators in the area, and Ms
Stowing is very active in. We have a consultant on retainer to keep us
informed about what needs to be done. He noted this is the poster child of
unfunded mandates.
B. REPORT OF CITY MANAGER
1. Cummins Grill House Lease
MOTION: Duckstad moved, seconded by Case, to continue the item to the
March 9 meeting. Motion carried 5-0.
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February 16,2010
Page 14
2. Re-interview of Current Commissioners
Neal said we have a custom of requiring current members of our
commissions to interview when they are up for reappointment. They fill out
the form and questionnaire if they want to be reappointed and then go
through the interview process. There has always been a question about the
value of the re-interview process. We are scheduled to do that process next
Tuesday night, and we will be sending letters tomorrow to applicants. There
are 21 people to be interviewed, and eight of them would be re-interviews.
Young thought asking sitting commissioners to re-interview is a poor use of
our time and theirs. He thought we could excuse the current commission
members from the interview process.
Neal said he would also agree from a staff standpoint. He said staff can give
the Council Members the questionnaire and the attendance information on
the existing commission members.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. First Amendment to the Lease Between the City of Eden Prairie and
Puregrace LLC at the Smith-Douglas-More Property
Jeremiah said this item should also be postponed because of the continuance
of Item IX.C.
2. Heritage Preservation Ordinance Report
Jeremiah said during a Council workshop regarding Camp Edenwood, the
Council expressed some interest in allowing certain minor changes to
Heritage Preservation sites to be approved administratively. There was
some confusion with the current code and what kind of restrictions there are
on historic properties. She said a number of definitions have also been
added to it to help clarify what is meant by a lot of the historic terms.
Young asked if the Council is being asked to do anything tonight. Jeremiah
said it is strictly informational, and she just wanted to make sure the
Council's concerns and questions are covered before we go through the
process.
Young said without the ordinance it is hard to know if he has any questions,
and he didn't recall that the impetus for this was the Council. He was
concerned that changes to the ordinance not make the ordinance more
cumbersome or expensive to us or the property owners.
Case said he agreed that changes should not make it more cumbersome or
more expensive,but he also thought the goal should be better heritage
preservation.
CITY COUNCIL MINUTES
February 16,2010
Page 15
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Three Rivers Park District Hyland-Bush-Anderson Lakes Regional
Park Reserve Master Plan (Resolution)
Lotthammer said the Three Rivers Park District, in conjunction with the
City of Bloomington, has undertaken a master planning process to update
the existing 1983 Hyland-Bush-Anderson Lakes Joint Master Plan. The
master plan will provide guidance and direction for park improvements,
natural resource management and future acquisition as well as park
operations and management. They are asking us to pass a resolution in
support of the draft master plan because a portion of the park district falls
into Eden Prairie. Any of the park district land that is in Eden Prairie is
owned by Three Rivers and is funded by them. They plan to connect the
trails through Anderson Lakes and to put in an underpass under Hwy 169.
They are involved in preserving Anderson Lakes in Eden Prairie as a
natural area. He said the future development proposed will be in the Hyland
area of Bloomington. Three Rivers requires that 80% of the park be
maintained in a natural state with up to 20% developed for active recreation
uses. He said our Parks Commission reviewed the item and were in support
of the concept but expressed their reservations for making specific
comments about items occurring outside of Eden Prairie.
Young said he is a big fan of the Three Rivers Parks District,but he was not
exactly sure it is our place to sign off on a resolution which confirms or
addresses the adequacy of a public participation plan in which he was not
involved or of a master plan that involved spending $35,000,000. He said he
would be willing to pass a resolution generally saying it is their prerogative
to do this, but he didn't want to pass a resolution on someone else's budget.
Duckstad said he had the same question about why we have to adopt
anything at this time. He asked what the compelling reason is for us to pass
this resolution without knowing in further detail how it affects us.
Lotthammer said he could get more details on the item. He thought it is a
general part of their process to notify stakeholders that would be impacted.
Young said they have certainly accomplished awareness in making us
informed. He said passing a resolution that supports the management and
development of the plan would give the imprimatur of the City and this
Council.
Nelson said she was not even sure she wanted to sign off on a tunnel under
Hwy 169 in a wetland area or do a blanket approval that all these are good
ideas. She was glad to get some of the information,but she was not ready to
do some type of blanket endorsement for it.
CITY COUNCIL MINUTES
February 16,2010
Page 16
Duckstad said he appreciated being informed, however he was not in
support of the resolution as stated.
Neal said if the Council would like, staff could extend the Council's
appreciation for the update and let them know that you don't feel
comfortable passing the resolution. Young said it just goes outside matters
that are properly brought before the City Council.
2. Riley Property Acquisition
Lotthammer said in 1971, 1975, 1976 and 1983 the City of Eden Prairie
entered into grant agreements to use $548,496 of State and Federal Land
and Water Conservation Funds (LAWCON) for Staring Lake Park land
acquisition and development. The agreements that were entered into require
the City to maintain the land as parkland or enter into a mitigation process.
During planning for the expansion of the Pioneer Trail road project, it was
identified that parkland encumbered with LAWCON would be impacted
and needed for the project. He showed a map of the Staring Lake area and
said in order to satisfy the land mitigation requirements resulting from the
Pioneer Trail road project, staff has identified a property that has been
previously identified in a Parkland Acquisition Report. This land is
available for purchase, meets federal guidelines for replacement and
satisfies the required mitigation value. Funding for the project is addressed
in the agreement with Hennepin County and calls for each agency to share
equally in the cost of land mitigation. Hennepin County land acquisition
staff would work to acquire the property at the best possible price. Later in
the project, the County will transfer the property to the City of Eden Prairie
for park purposes. This was reviewed with the Parks, Recreation and
Natural Resources Commission and a motion to recommend acquisition was
passed unanimously.
Young asked about the meaning of the colored strips on the map.
Lotthammer said the one on the far right is the Cummins Grill property
which is 6(f)property. The blue strip is both 4(f) and 6(f). Young asked if
both of these were encumbered by LAWCON restrictions. Lotthammer said
the entire property is encumbered when you sign the LAWCON agreements
and anything done to the property has to be mitigated. In 1971 there was a
survey submitted back to the federal government that showed the entire
boundary at that time. Whenever we acquired more land after that, the park
property was resurveyed and it has to encompass the entire parkland.
Young said he saw our land is divided by MAC property and asked if that
was also subject to LAWCON. Lotthammer said the one that isn't subject to
LAWCON is the Boyce property and that has to do with the dates of when
things were drawn on that survey. He said we did receive some mitigation
credit when the Picha property was purchased which freed up the Cummins
Grill status and also gave credit for what needed to be mitigated for the road
project. The piece of property to be acquired is at Riley Lake Park and
CITY COUNCIL MINUTES
February 16,2010
Page 17
would more than satisfy the mitigation need for the road project. The
property sits on the way to the beach and was identified by the City some
time ago as desirable to make the park whole.
Young asked if there is ultimately any cost to the City for the acquisition.
Lotthammer the City's portion of the road project is the City cost. There is a
50/50 agreement with the road project for property mitigation.
Young asked there then any LAWCON restrictions on Riley Lake if we buy
LAWCON mitigation property there. Lotthammer said in the early 1980's
funds received for Riley Lake Park were LAWCON-related.
Young said he understood the concept behind LAWCON restrictions, but he
thought taking strips of land does not change the fundamental utility of the
land. He would think the federal government would give us a pass and not
make us buy property. He said the statute has a process whereby they can
relieve us of that requirement to mitigate, and he asked if we checked into
that. Lotthammer said our representative to the DNR has had discussions
with them, and he believes it is very clear that we have to do this. They look
at it as a protection to the park, and they have a very strict interpretation.
Young asked if we know who we have been dealing with. Lotthammer said
we work through a specific individual at the DNR. Young asked if that
means we have not had direct communication with anyone in the federal
government about this. Lotthammer said that was correct. Young said it
makes no sense to him that the federal government would require us to do
this, and he would like a letter from the federal government showing we are
required to do it. Dietz said we have been the recipient of these many times
over the years. This is one of the most inflexible processes he knows,but
we can always ask the question. Young said he wanted the question asked
in such a manner that we get a written response back.
Duckstad asked what the cost to the City is. Lotthammer said the appraisal
was in the neighborhood of$400,000, but it is split 50/50 between the
county and the City as a part of the road project. Duckstad said he
understood the cost would come out of the road project and asked if this is
an additional cost or is it part of the original cost. Dietz said this was all part
of the cooperative agreement we signed with Hennepin County. By their
practices and standards right-of-way acquisition costs are a 50/50 split. Our
share of the project costs and the right of way costs is coming from
municipal state aid funds. Dietz said he didn't think there is any choice in
this, but there is always room for challenge.
Case said we have tried for 20 years to get this property and he went along
with not purchasing it the last time it came up. At that time the majority on
the City Council wanted to own this property. The property fragments the
park and we can now get it for half its value. From a financial standpoint
and a sense of what is best for the City, this is a fantastic opportunity.
CITY COUNCIL MINUTES
February 16,2010
Page 18
Young asked when we have to act on this. Lotthammer said he has told
Hennepin County they should not act until we have Council approval to act.
They are receiving pressure from the DNR because it has been a longer
process than was foreseen. They would begin negotiating tomorrow if the
Council passed it tonight. Young said if we are forced by the federal
government to mitigate, then we must do it; however,before we make the
assumption we have to mitigate, he would want direct communication from
the federal government that we have to do it.
Duckstad asked if the cost we would have to bear is based on an appraisal.
Lothammer said all the properties were appraised right away. We needed to
find the property to acquire that met the dollar amount and was a
comparable use and have that appraised by the same federal standard of
appraisal. It is almost impossible to get exactly equal to equal value,but we
can receive credits going forward on other projects. This property is as close
as we can get in that formula.
Duckstad agreed we should put this off and attempt to get this information
before we make a final decision.
Dietz said he was not sure we have standings here. This is a Hennepin
County project and in the end this is a requirement of LAWCON through
the DNR on Hennepin County. We are being asked to agree that this is a
reasonable conclusion to their request. He thought we would have to
challenge this in concurrence with Hennepin County. Young said he still
thought it is something that can be looked into. Lotthammer said there is no
hard deadline for this. We can start to get the ball moving to get a response
from the Dept. of the Interior and bring it back so we stay on track.
Nelson asked how long this would take and how much would it cost. She
said it fits into a very nice piece in our parks and meets the requirements.
She would like an estimate of how long it would take and how much it
would cost. She was not willing to spend a lot of money or take months to
accomplish this.
Young said he wanted more information than we have today unless there is
a firm deadline. Lotthammer thought it is reasonable that we could come
back at the next meeting with a response or at least an estimate of the
response time.
Case said he was very uncomfortable with waiting. He could accept that at
the next meeting some resolution takes place, but there are variables out
there that could cost money. He would like a motion on the floor at the next
meeting.
Young said he would like to know from staff that there would be an
additional cost if we don't act on this tonight. Dietz said he didn't know.
Lotthammer said this comes down to being a real estate transaction, and he
CITY COUNCIL MINUTES
February 16,2010
Page 19
was not in a place to speculate. The Hennepin County acquisition staff
understood the appraisal and we will get the best price for the purchase of it.
Dietz said if this were not 6(f) land the rules are that Hennepin County just
takes that property from us as is the case on any other project. Only on 6(f)
are they obligated to do anything about replacing the land. We are trading
1-1/2 acre of land for property that is in a more favorable location for our
parks system.
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 Aho, to adjourn the meeting. Motion carried
5-0. Mayor Young adjourned the meeting at 9:41 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 9, 2010
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.
Gambling Kingdale Kennels, Inc
Organization: Eden Prairie Lions Club DBA: Kingdale Kennels
Event: Schooner Days
Place: Eden Prairie Community Center PetSmart, Inc
Date: 06/04/2010-06/06/2010 DBA: PetsHotel
Raffle
Organization: Ducks Unlimited Private Kennel
Place: Bearpath Golf& Country Club
Date: April 22, 2010 Becky Beiersdorf
Raffle Evelyn Bone
Organization: Minneapolis Heart Institute Richard&Mary Lou Carlson
Foundation Kimberly Donahue
Place: Olympic Hills Golf Club
Date: June 21, 2010 Barb &Jim Gabbert
James W. McCoy
Amendment to Liquor License
2AM Closing Permit- Renewal Barb Mohs
TGI Friday's of Minnesota Inc James & Carrie Neiburg
DBA: T.G.I. Friday's Doug & Cathy Ohlendorf
Nancy Parker
2010 Renewal Licenses Lee Wear
Commercial Kennel Debra Wegler- dogs
Susan Weyrauch
Anderson Lakes Animal Hospital
DBA: Anderson Lakes Animal Hospital Deborah Winter
Shayshaw Corporation
DBA: Central Bark Doggy Day Care
Hound Dog Pet Hotel
DBA: Hound Dog Pet Hotel
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning Hearing Date for Appeal of Final Order
Janet Jeremiah
2009-14
Requested Action
Move to: Set March 23, 2010, as the date to hear the Appeal of the Decision of the Planning
Commission to deny Final Order 2009-14.
Synopsis
On February 22, 2009 the Planning Commission held a public hearing to review a variance
request from Pemtom Land Company on property commonly known as Site B Hennepin Village.
The request was a variance from Section 11.55 Subd. 4 (D)that requires replacement trees to be
planted within 18 months from the date of issuance of a land alteration permit.
The Planning Commission voted 3-2 to denial the variance request.
Background Information
The City Code allows the applicant to appeal a decision of the Planning Commission to the City
Council by filling a petition with the City Clerk within 15 days of the decision of the Planning
Commission. Pemtom filed a petition with the City Clerk on February 26, 2009.
The staff would recommend that the hearing be set for March 23, 2010. A public hearing for a
Land Alteration Permit for Site B Hennepin Village by Pemtom is also currently scheduled for
that meeting.
Attachments
1. Variance staff report
2. Final Order 2009-14
3. Letter Pemtom
STAFF REPORT
TO: Planning Commission
FROM: Michael Franzen, City Planner
DATE: February 18, 2010
SUBJECT: Variance request#2009-14
APPLICANT/ Pemtom, Dan Herbst
OWNER:
LOCATION: 9735 Eden Prairie Road
REQUEST:
• A variance from Section 11.55 Subd. 4 (D) that requires replacement trees
to be planted within 18 months from the date of issuance of a land
alteration permit.
TREE REPLACMENT
Tree replacement is required by city code. Replacement applies to trees removed that are 12
inches or greater in diameter for shade trees and 8 inches or greater in diameter for conifer
trees. Trees are replaced according to a formula as a percentage of the diameter inches of trees
removed.
Prior to issuing a permit to alter lands, the applicant is required to provide a tree replacement
plan and a surety in an amount equal to 150% of the cost of the tree replacement. The City
retains the surety for two full growing seasons. The surety is released after inspection provided
the trees are alive and planted in conformance with the approved plan.
Replacement trees are required to be planted within 18 months of the issuance of a land
alteration permit.
UNDUE HARDSHIP
Undue hardship is a legal standard established by statute that cities must apply when
considering applications for variances. It is a three factor test and applies to all variances. To
constitute a hardship all three factors of the test must be satisfied.
Staff Report—Variance #2009-14
February 18, 2010
Page 2
REASONABLE USE OF THE PROPERTY
The first factor is that the property cannot be put to a reasonable use without the variance. This
means that a landowner would like to use the property in a particular way but cannot do so
under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable
use without the variance. It is reasonable to replace trees on property.
UNIQUE CIRCUMSTANCES
The second factor is a unique circumstance, meaning the problem is due to circumstances
unique to the property not caused by the current land owner.
• There is no water at the site.
• There is room to replace trees but they may have to be relocated based on a final
development plan and grading plan for the property.
• The grading is proposed to be completed within 2 years. It is not possible to plant trees
within the required 18 month period.
NEIGHBORHOOD CHARACTER
The third factor is the granting of the variance should not alter the character of the
neighborhood. Under this factor consider whether the resulting structure will be out of scale,
out of place, or otherwise inconsistent with the surrounding area. Tree replacement has
occurred within all of the phases of Hennepin Village. Tree replacement on this site would be
consistent with the character of the area.
REQUESTED COMMISSION ACTION
The Commission may wish to choose from one of the following actions:
1. Continue Variance Request#2009-14 if additional information is
needed.
2. Approve Final Order# 2009-14:
2. Approve Final Order#2009-14 with modifications.
3. Deny Final Order #2009-14.
VARIANCE#2009-14
CITY OF EDEN PRAIRIE
PLANNING COMMISSION
FINAL ORDER
Applicant: Pemtom Land Company
ADDRESS:
Mr. Daniel Herbst
Pemtom Land Company
7997 Anagram Drive
Eden Prairie, MN 55344
OTHER DESCRIPTION:
VARIANCE REQUEST: A variance from Section 11.55 Subd. 4 (D) that requires replacement trees to
be planted within 18 months from the date of issuance of a land alteration permit.
The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly
considered the above petition and after hearing and examining all of the evidence presented and the file therein
does hereby find and order as follows:
1. All procedural requirements necessary for the review of said variance have been met. (Yes X No N/A).
2. There are circumstances unique to the property under consideration, and granting such variances does not
violate the spirit and intent of the City's Zoning and Platting Code.
3. Variance Request# 2009-14 is herein(check appropriate box) Approved Deniedn
4. Conditions to the Granting of said variance are as follows: See Attached Exhibit A
5. Findings to the denial of said variance are as follows: See Attached Exhibit B
6. A copy of this order shall be forwarded to the applicant by the City Clerk.
7. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on
March 10, 2010; however, this variance shall lapse and be of no effect unless the erection or alternatives
permitted shall occur within one (3) years of the effective date unless said period of time is extended
pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof.
8. All Board of Adjustments and Appeals actions are subject to City Council Review.
BOARD OF ADJUSTMENTS AND APPEALS
N/A=Not Applicable BY:
Jon Stoltz - Chair
Date
Exhibit A: Findings and Conditions For Approval
Approve Variance Request# 2009-14 as submitted with the following findings and
conditions:
Findings:
• It is reasonable to replace trees on property.
• There is no water at the site.
• There is room to replace trees, but they may have to be relocated based on a final
development plan and grading plan for the property.
• The grading is proposed to be completed within 2 years. It is not possible to plant
trees within the required 18 month period.
• Tree replacement on this site would be consistent with the character of the area.
Conditions:
• Provide a tree replacement plan and surety for tree replacement prior to the issuance
of a land alteration permit.
Approve Variance Request# 2009-14 with modifications.
Exhibit B: Findings for denial
Deny Variance Request#2009-14
• A hardship has not been sufficiently substantiated to warrant granting of a
variance request. Alternatives exist to meet code.
The Pemtom Land Company `\
7697 ANAGRAM DRIVE
EDEN PRAIRIE,MINNESOTA 55344
(952) 937-0716 ' FAX (952) 937-8635
www.thepemtomlandcompany.com
Eebruary26 2010. .
Kitty-Porta, City Clerk
City-of-Eden Prairie
5080 Mitchell Road
Eden Prairie,MN 55344
I
We wish to appeal the decision of the Planning Commission related to Final Order 2009-14.
THE PE TOM LAND COMPANY
i 04CALeiV,04
Daniel J. Herbst
President
DJH/idt
I - L
1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5762 ITEM NO.: VIII.C.
Mary Krause Award Contract for 2010 Street Sweeping to
Public Works/Engineering Reliakor Services, Inc.
Requested Action
Move to: Award contract for 2010 Street Sweeping to Reliakor Services, Inc. in the amount of
$34,300.00.
Synopsis
Sealed bids were received Thursday, February 25, 2010 for the 2010 Street Sweeping. Two bids
were received as follows:
Reliakor Services, Inc. $34,300
Allied Blacktop $41,000
Background Information
The schedule for street sweeping in the project specifications indicates a start date of April 5,
2010. This early cleaning of the streets prevents sand and debris that has accumulated from the
winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring
sweeping of the streets takes approximately 8-10 working days.
Financial Implications
Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also
takes place after the sealcoating project and is funded from the Operating and Maintenance
budget for sealcoating and the CIP fund for pavement maintenance.
A comparison of the previous 5 years of sweeping bid prices submitted was done indicating a
slight increase in bid prices for 2010.
Staff recommends award to Reliakor Services, Inc.
Attachment
• Bid Price Comparison 2005-2010
Historical Sweeping Bid Prices
2005 ReliaKor Allied Blacktop Pearson
Services Brothers
Spring $61.85/hour $67.90/hour $70/hour
Sweeping
Sealcoat $61.85/hour $67.90/hour $77/hour
Sweeping
2006 ReliaKor Allied Blacktop Pearson ASTECH
Services Brothers
Spring $61.85/hour $89/hour $70/hour $70/hour
Sweeping
Sealcoat $61.85/hour $89/hour $77/hour $75/hour
Sweeping
2007 ReliaKor Allied Blacktop Pearson ASTECH
Services Brothers
Spring $62/hour $79/hour $74/hour $77.50/hour
Sweeping
Sealcoat $62/hour $89/hour $82/hour $81/hour
Sweeping
2008 ReliaKor Allied Blacktop
Services _
Spring $66.80/hour $79/hour
Sweeping
Sealcoat $66.80/hour $89/hour
Sweeping
2009 ReliaKor Allied Blacktop Aslakson's
Services Blacktop
Spring $64.75/hour $78/hour $137.85/hour
Sweeping
Sealcoat $70/hour $86/hour $137.85/hour
Sweeping
CITY COUNCIL AGENDA
DATE:
SECTION: Consent
March 9, 2010
ITEM DESCRIPTION:
DEPARTMENT/DIVISION: Approve Amendment to Cooperation Agreement ITEM NO.: VIII.D.
Janet Jeremiah, Community with Metropolitan Council for the Family
Development Director Affordable Housing Program
Molly Koivumaki, Manager
Requested Action
Move to: Approve execution of the Amendment to the Cooperation Agreement between the City
of Eden Prairie and the Metropolitan Council, regarding the Family Affordable Housing Program
(FAHP).
Synopsis
In 2001, the City of Eden Prairie signed a Cooperation Agreement with the Metropolitan Council
regarding the Council's Family Affordable Housing Program (FAHP). That agreement allowed the
Met Council to acquire up to 20 properties in Eden Prairie on a "scattered-site" basis to be used as
affordable housing. Currently there are 20 FAHP units in Eden Prairie.
The Met Council is asking the City of Eden Prairie to approve an amendment to the original
agreement, which would allow the units to be converted from public housing, to Section 8 housing.
The Amendment simply accepts the conversion of the units as Section 8. The Council will continue to
own and operate the units as affordable to low income families. This Amendment will allow the
funding to flow from the Section 8 program, rather than the Public Housing program administered by
the office of Housing and Urban Development (HUD). The Met Council has assured that the City
should not notice any difference as a result of this change.
Attachment:
Amendment
AMENDMENT TO COOPERATIONAGREEMENT
Metropolitan Council Family Affordable Housing Program
THIS AGREEMENT is entered into between the Metropolitan Council, (the "Council") and the
City of Eden Prairie (the "Municipality").
WHEREAS, the Council is a public corporation and political subdivision of the State of
Minnesota and, through its Metro HRA unit, exercises housing and redevelopment authority
powers pursuant to Minnesota Statutes section 473.195; and
WHEREAS, the provisions of Minnesota Statutes sections 469.001 to 469.047 and of all other
laws relating to housing and redevelopment authorities apply to the Council when the Council is
functioning as an authority; and
WHEREAS, the Council owns and operates 150 Family Affordable Housing Program scattered
site housing units ("FAHP"Units") within eleven communities in Anoka, Hennepin and Ramsey
Counties; including twenty(20) FAHP Units located within the Municipality; and
WHEREAS, on May 23, 2001 the Council and the Municipality entered into a federally required
Cooperation Agreement that relates to the acquisition and operation of the twenty (20) FAHP
Units located within the corporate limits of the Municipality and local cooperation required by
the U.S. Department of Housing and urban Development ("HUD") pursuant to the U.S. Housing
Act of 1937; and
WHEREAS, the development, operation and maintenance of the FAHP Units within the
Municipality originally were funded under the federal public housing program; and
WHEREAS, to help preserve the FAHP Units as financially viable housing for low- or moderate-
income families into the future, the Council applied to HUD for approval to voluntarily convert
its FAHP Units from public housing units to Section 8-assisted units; and
WHEREAS, HUD approved the Council's application to convert its 150 FAHP Units to Section 8-
assisted units; and
WHEREAS, the conversion will not result in the disposition of the FAHP Units and the Council
will continue to own and operate the FAHP Units; and
WHEREAS, the conversion will not result in the displacement or relocation of any families
living in the FAHP Units and the units will continue to be leased to eligible persons of low- or
moderate-income and their families under applicable state or federal legislation; and
WHEREAS, the Council and the Municipality agree the Cooperation Agreement should be
continued with appropriate modification and clarifications to reflect the FAHP Units' status as
Section 8-assisted units.
Page 1 of 3 Pages
NOW THEREFORE, in consideration of the mutual covenants in this agreement, the
Municipality and Council agree as follows:
1. Pursuant to HUD's approval of the Council's conversion application and Minnesota
Statutes section 473.195, subdivision 1, the FAHP Units within the Municipality may be
operated or administered by the Council as Section 8-assisted units.
2. The May 2001 Cooperation Agreement is modified, clarified and amended as follows:
(a) Notwithstanding the various references in the Cooperation Agreement to federal
statutory provisions governing the federal public housing program, the FAHP Units
will be operated and maintained pursuant to the federal statutory and regulatory
provisions governing the Section 8 housing assistance program. The FAHP Units are
residential housing units eligible for federal rental subsidies pursuant to Title 42 United
States Code section 1437f(o), Title 24 Code of Federal Regulations parts 982 or 983,
and Minnesota Statutes section 469.018, subdivision 3.
(b) Pursuant to Minnesota Statutes section 469.040, subdivision 1 and other applicable
law, each FAHP Unit is exempt from all real and personal property taxes of the
Municipality, the county, the State of Minnesota, or any political subdivision of the
State.
(c) Pursuant to Minnesota Statutes section 469.040, subdivision 3, so long as the FAHP
Units are owned by the Council, the Council shall make, or cause to be made,payments
in lieu of taxes ("Payments in Lieu of Taxes") in payment for the public services and
facilities furnished from time to time without other cost or charge for or with respect
to each FAHP Unit. Each Payment in Lieu of Taxes shall be made at the time when
real property taxes on a FAHP Unit would be paid if the FAHP Unit were subject to
taxation, and shall be in an amount equal to ten percent (10%) of the shelter rent
charged with respect to the FAHP Unit during the preceding calendar year. A
Payment in Lieu of Taxes for a FAHP Unit may not exceed the amount which would
be payable in taxes if the FAHP Unit were not exempt from real or personal property
taxes.
Except for these modifications, clarifications and amendments, the provisions of the Cooperation
Agreement shall remain in force and effect without change.
IN WITNESS WHEREOF, the Municipality and the Council have caused this agreement to be
executed by their duly authorized representatives. This agreement is effective on the date of
final execution by the Council.
Approved as to form: METROPOLITAN COUNCIL
By:
Deputy General Counsel Thomas H. Weaver,Regional Administrator
Date:
Page 2 of 3 Pages
CITY OF EDEN PRAIRIE
By:
Phil Young, Mayor
Date:
By:
Scott Neal, City Manager
Date:
FAHPEDEN PRAIRIECOOPAMEND 02/09/10
Page 3 of 3 Pages
COOPERATION AGREEMENT
Metropolitan Council Family Affordable Housing Program
THIS COOPERATION AGREEMENT ("Agreement") is entered into by and between the
Metropolitan Council (the "Metropolitan Council") and the City of Eden Prairie , State of
Minnesota(the "Municipality").
WHEREAS, the Metropolitan Council is a public corporation and political subdivision of the
State of Minnesota and is authorized by Minnesota Statutes section 473.195 to exercise the
functions, rights, duties, privileges, immunities and limitations as are provided for housing and
redevelopment authorities created for municipalities; and
WHEREAS, pursuant to Minnesota Statutes section 473.195 the provisions of Minnesota
Statutes sections 469.001 to 469.047 and of all other laws relating to housing and redevelopment
authorities apply to the Metropolitan Council when the Metropolitan Council is functioning as an
authority; and
WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program
("FAHP"), the Metropolitan Council proposes to acquire within the corporate limits of the
Municipality on a scattered-site basis a limited number of residential properties ("FAHP Units")
and will focus its acquisition efforts on housing structures containing four units or less; and
WHEREAS, the governing body of the Municipality has given its prior approval regarding the
Council's iproposedh in initiative pursuant to Minnesota Statutes section
MetropolitanC unc l s housing
473.195, subdivision 1.
WITNESSETH:
In consideration of the mutual covenants in this Agreement, the Municipality and the
Metropolitan Council agree as follows:
1. Whenever used in this Agreement:
(a) The term "FAI-12? Units" shall mean up to twenty (20) residential housing un
its, as
defined in Title 42 United States Code section 1437a(b)(1), developed or acquired by
the Metropolitan Council in connection with its Family Affordable Housing Program
with financial assistance of the United States of America acting through the Secretary
of Housing and Urban Development(the"Government") and located on a scattered-site
basis within the corporate limits of the Municipality.
(b) The term "Taxing Body" or "Taxing Bodies" shall mean the State of Minnesota and
any and all political subdivisions or taxing units thereof in which FAHP Units are
situated and which would have authority to assess or levy real or personal property
taxes or to certify such taxes to a taxing body or public officer to be levied for its use
and benefit with respect to the FAHP Units if the units were not exempt from taxation.
(c) The term"Shelter Rent"shall mean the total rentals of a FAHP Unit charged to tenants
during the preceding calendar year, excluding any charges for utilities and special
Page 1 of 4 Pages
services such as heat, water, electricity, gas, sewage disposal or garbage removal, and
excluding all other income of the FAHP Unit.
2. The Metropolitan Council shall_endeavor to:
(a) Secure a contract or contracts with the Government for capital grants and annual
contributions for the FAHP Units; and
(b) Acquire or develop and administer the FAHP Units.
3. The Metropolitan Council and the Municipality agree:
(a) Pursuant to Minnesota Statutes section 469.040, and applicable federal laws and
regulations, including Title 24 Code of Federal Regulations section 941.201(d), each
FAHP Unit is exempt from all real and personal property taxes levied or imposed by
any Taxing Body for so long as either: (i) the FAHP Unit is owned by a public body or
governmental agency and is used for housing as defined in Title 42 United States Code
section 1437a(b)(1); (ii) any contract between the Metropolitan Council and the
Government in connection with the FAHP Unit remains in force and effect; or (iii) any
bonds issued in connection with the FAHP Unit or any monies due to the Government
in connection with the FAHP Unit remain unpaid, whichever period is the longest (the
"Exemption Period").
(b) During the Exemption Period, the Municipality, on behalf of all Taxing Bodies, agrees
that it will not levy or impose any real or personal property taxes upon a FAHP Unit or
upon the Metropolitan Council with respect to the FAHP Unit.
(c) During the Exemption Period, the Metropolitan Council shall make, or cause to be
made, payments in lieu of taxes ("Payments in Lieu of Taxes") in payment for the
public services and facilities furnished from time to time without other cost or charge
for or with respect to each FAHP Unit. Each Payment in Lieu of Taxes shall be made
at the time when real property taxes on a FAHP Unit would be paid if the FAHP Unit
were subject to taxation, and shall be in an amount equal to ten percent (10%) of the
Shelter Rent charged with respect to the FAHP Unit during the preceding calendar year.
A Payment in Lieu of Taxes for a FAHP Unit may not exceed the amount which would
be payable in taxes if the FAHP Unit were not exempt from real or personal property
taxes.
(d) Pursuant to Minnesota Statutes section 469.040, subdivision 3, the County within
which a FAHP Unit is located shall distribute the Payments in Lieu of Taxes among the-Taxing Bodies in the proportion which the real property taxes which would have been
paid to each Taxing Body for such year if the FAHP Unit were not exempt from
taxation bears to the total real property taxes which would have been paid to all of the
Taxing Bodies for such year if the FAHP Unit were not exempt from taxation;
provided, however, that no payment for any year shall be made to any Taxing Body in
excess of the amount of the real property taxes which would have been paid to such
Taxing Body for such year if the FAHP Unit were not exempt from taxation.
Page 2 of 4 Pages
4. During the Exemption Period, the Municipality, or other appropriate Taxing Body, without
cost or charge to the Metropolitan Council or the tenants of a FAHP Unit (other than the
Payments in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Metropolitan Council and the tenants of the
FAHP Unit public services and facilities of the same character and to the same extent as
are furnished from time to time without cost or charge to other dwellings and
inhabitants in the Municipality;
(b) Accept grants of easements necessary for the development of FAHP Units; and
(c) Cooperate with the Metropolitan Council by such other lawful action or ways as the
Municipality or other Taxing Body and the Metropolitan Council may find necessary in
connection with the development and administration of the FAHP Units.
5. In respect to the initial development of FAHP Units, the Municipality further agrees, on
behalf of all Taxing Bodies, that within a reasonable time after receipt of a written request
from the Metropolitan Council:
(a) When required by city ordinance, it will accept the dedication of all interior streets,
roads, alleys and adjacent sidewalks within the area of FAHP Units, together with all
storm and sanitary sewer mains in such dedicated areas, after the Metropolitan Council,
at its own expense, has completed the grading, improvement, paving and installation
thereof in accordance with specifications acceptable to the Municipality or other Taxing
Body;
(b) When required by city ordinance, it will accept necessary dedications of land for, and
will grade, improve, pave and provide sidewalks for, all streets bounding FAHP Units
or necessary to provide adequate access to the FAHP Units (in consideration for which
the Metropolitan Council shall pay to the Municipality or other Taxing Body such
amount as are or could be assessed against the FAHP Unit sites for such work if such
sites were privately owned); and
(c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer
mains, leading to FAHP Units and serving the streets bounding the FAHP Units (in
consideration for which the Metropolitan Council shall pay to the Municipality or other
Taxing Body such amount as would be assessed against the FAHP Unit sites for such
work if such sites were privately owned).
6. If by reason of the Municipality's or other Taxing Body's failure or refusal to furnish or
cause to be furnished any public services or facilities which it has agreed to furnish or cause
to be furnished to the Metropolitan Council or to the tenants of any FAHP Unit, the
Metropolitan Council incurs any expense to obtain such services or facilities, then the
Metropolitan Council may deduct the amount of such expense from any Payments in Lieu of
Taxes due or to become due to the Municipality or other Taxing Body in respect to any
FAHP Unit or any other housing units owned or operated by the Metropolitan Council.
7. No Cooperation Agreement previously entered into between the Municipality and the
Metropolitan Council, if any, shall be construed to apply to any FAHP Units covered by this
Agreement.
Page 3 of 4 Pages
8. No member of the governing body or any other public official of the Municipality or other
Taxing Body who exercises any responsibilities or functions with respect to the any FAHP
Unit during her or his tenure or for one year thereafter shall have any interest, direct or
indirect, in any FAHP Unit or any contracts in connection with any FAHP Unit. If any such
governing body member or such other public official of a Taxing Body involuntarily
acquires or had acquired prior to the beginning of her or his tenure any such interest, she or
he shall immediately disclose such interest to the Metropolitan Council. ;
9. During the Exemption Period, this Agreement shall not be abrogated, changed or modified
without the consent of the Government. The privileges and obligations of the Municipality
and other Taxing Bodies shall remain in full force and effect with respect to the FAHP Units
so long as the beneficial title to the FAHP Units is held by the Metropolitan Council or by
any other public body or governmental agency, including the Government, authorized by
law to engage in the development or administration of housing as defined in Title 42,United
States Code section 1437a(b)(1). If at any time the beneficial title to, or possession of, a
FAHP Unit is held by such other public body or governmental agency, including the
Government, the provisions of this Agreement shall inure to the benefit of and may be
enforced by, such other pubic body or governmental agency, including the Government.
10. The obligations of the parties under this Agreement shall apply to each FAHP Unit.
IN WITNESS WHEREOF the authorized representatives of the Municipality and the
Metropolitan Council have respectively signed this Agreement. This Agreement is effective on _
the date when both parties' authorized representatives have signed this Agreement.
CIT EDEN PRAI METROPOLITAN COUNCIL
By By t : ;v—
ay . indg_+en
I ARegional Administrator
Date e.$ /7 Qom Date 5(23..00 (
11 B lipz:;/,Ail&
Its CA ® Ill A-4-er--
Date c> (
This document drafted by:
Office of the General Counsel
Metropolitan Council
Mears Park Centre
230 East Fifth Street
Saint Paul, Minnesota 55101
(651)602-1706
FAHPCOOPFORM 04ry3101
Page 4 of 4 Pages
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Stuart Fox, Parks and Natural Authorize Preparation of Plans and
Resources Manager, Parks and Specifications for Trail Reconstruction along
Recreation Duck Lake Trail, Valley View Road and
Edenvale Blvd.
Motion
Move to: Authorize the staff to prepare plans and specifications for the reconstruction of the
eight foot wide bituminous bike trail along portions of Duck Lake Trail, Valley
View Road and Edenvale Blvd. Trail.
Synopsis
The eight foot wide bituminous trail along Duck Lake Trail, Valley View Road and Edenvale
Blvd. are in very poor condition and need to be reconstructed. The work includes replacing 4,820
lineal feet of existing 8 foot wide trail and installation of six pedestrian/handicap ramps at
various roadway crossings.
Background
The scope of this project is to replace several existing 8 foot wide bituminous bike trail segments
that are in extremely poor condition. In 2008 these three trail segments were rated as the poorest
quality trail sections in a city wide trail and sidewalk assessment that was done by GoodPointe
Technology. These trail sections cannot be repaired using surface treatments such as a rock chip
seal coat or a new bituminous overlay of the existing trail. Full replacement of the trail is needed
to provide a safe and useable trail. The scope of the trail replacement will involve milling
(grinding up)the existing surface and adding or supplementing the underlying base with
additional crushed rock prior to repaving. In a few areas where poor load bearing soil conditions
are present a polypropylene geotextile fabric will be placed under the crushed rock to provide a
firmer sub-base prior to repaving the trail.
The funds for doing this trail reconstruction comes from the Capital Improvement Project
funding in the Public Works Department for the reconstruction and new construction of trails and
sidewalks along road right of ways throughout the City.
Staff estimate for this project,based on 2009 bid/quote information, is $100,000.
Attachments
Trail Reconstruction Location Maps
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CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Development 2010 CDBG Funding
Director Janet Jeremiah, Recommendations
Molly Koivumaki, Housing and
Human Services Manager
Requested Action
Move to: Adopt Resolution approving the use of 2010 CDBG funds as recommended by the
City Manager.
Synopsis
The 2010 CDBG allocation has not yet been announced by the office of Housing and Urban
Development (HUD). Therefore, the Human Services Review Committee used the conservative
estimate of$260,000 in making funding recommendations. The HSRC's recommendations were
presented to the City Manager and revised to transfer $2,000 from CAPSH car repair funding to
the YMCA child care program. Including CAPSH, three applicants are not recommended for
funding this year. Once the actual CDBG allocation amount is received, the funds will be
modified on a percentage basis for each of the funded applicants unless otherwise directed by the
City Council. The regulations stipulate that public service funding may not exceed 15 percent of
the City's total allocation.
# Human Services Activity Funding County % of
Level Priority Allocation
1 PROP Housing Support Services $25,000 High 10%
2 YMCA (Child Care Subsidy) $12,000 High 5%
3 HOME (Household & Outside Maintenance for $8,000 High 3%
the Elderly)
4 HomeLine (Tenant's Advocacy Service) $5,000 High 2%
Subtotal $50,000
Housing Activities Funding County
Level Priority
7 Housing Rehabilitation Deferred Loan Program $131,400 High 50%
8 Affordable Housing Initiative $50,000 High 19%
10 Fair Housing Initiative $2,600 High 1%
11 Program Administration $26,000 10%
Grand Total $260.000
Background Information
2010 Allocation Process
The discussion of how to distribute the 2010 CDBG funds through the Human Services Review
Committee included a complete review of all "Request for Funding" applications and the
distribution percentage of funds in 2009. The Committee's goals were to have the best and
highest use of these funds for human services that demonstrated the most direct benefit to the
community.
Attachments
2010 CDBG Summary of Proposals
2010 Action Plan
Resolution
2010 CDBG Application Summary
Application#/ Activity Agency 2010 Request 2009 Funding Description Clients Projected
Type of Funds Served Clients
2009 2010
1 Childcare YMCA $15,000 $10,000 Subsidize before and after 38* 40-50
Public Service subsidy school care for EP low Youth
income working families
2 Household Senior Comm. $8,000 $8,000 Provide outside 52* 40
Public Service Chore&Main. Services maintenance Households Households
for elderly (HOME) and chore service to
people 60 and older
3 Tenant HomeLine $5,000 $5,000 Provide tenant information 149* 375
Public Service Advocacy advocacy; tenant hotline Residents
Services to resolve tenant/landlord
issues
4 Emergency PROP $30,000 $25,000 Emergency financial 76* 100
Public Service Housing assistance for Households
Assistance rent/mortgage
payments
5 Vehicle Repair CAPSH $15,000 $12,000 Car repair for low-income 15* 19-21
Public Service families Households
6 Employment CAPI $26,218 $0 Employment services for N/A 240
Public Service Services refugees&immigrants Households
7 Emergency Spare Key $5,160 $0 Emergency Mortgage N/A 4
Public Service Housing payments for families with Households
Assistance critically ill children.
TOTAL $104,378 $60,000
*Number served through l st quarter of 2009 funding.
$50,000 is the estimated amount of funds to be spent on 2010 Public Service.
$50,000= 15%of$260,000(Estimated 2010 Allocation)=$39,000
+ 15%of$140,000(Projected 2009 Program Income)=$21,000
-$10,000 to HUD
2010 ACTION PLAN
CITY OF EDEN PRAIRIE
DUNS # 010488260
Executive Summary
The City of Eden Prairie became a Community Development Block Grant (CDBG)
entitlement community in 2006. CDBG funds are allocated to the City directly from the
U.S. Department of Housing and Urban Development (HUD). The City remains a part
of the Hennepin County Consortium for purposes of the Five Year Consolidated Plan and
HOME funding.
> $181,400, or 70 percent of the City's CDBG allocation will be used for affordable
housing to help provide decent housing, while maintaining affordability and
sustainability.
o CDBG funds will be used to assist with the acquisition of affordable
housing for income eligible families. Veteran, Active Duty and Reserve
military personnel will be targeted for this program.
o Rehabilitation of eight owner-occupied homes, by income eligible
homeowners. A small repair grant fund will provide for emergency and/or
life safety related repairs for qualifying homeowners.
➢ $50,000, or 15 percent of program income and the City's CDBG allocation will
be used for public service programs that provide assistance to low/moderate
income seniors, families and individuals. These funds help provide access to
suitable living environments, maintain affordability, availability and accessibility
to housing activities.
> $2,600 or 1 percent of the City's CDBG allocation will be used for fair housing
activities.
> $26,000 or 10 percent of the City's CDBG allocation will be used for
administration of the CDBG Program. Administration includes general
management, oversight, coordination and monitoring of the program.
The majority of organizations receiving CDBG funding from the City of Eden Prairie are
close to meeting 100 percent of their expected performance for 2009. HOME Line,
HOME, and People Reaching Out to Other People (PROP) are organizations that
continuously experience high demand for their services and will meet or exceed their
2009 expected performance goals. Three units of affordable housing at Hennepin Village
will be available by mid 2010. CDBG funds set aside in 2008 will be used to assist
income eligible homebuyers acquire these homes.
1
2010 Eden Praire-Action Plan Draft
CDBG Program Specific Requirements
The 2010 allocation is $260,000. It is anticipated that the Housing Rehabilitation
Program and the CDBG Loan Program for Affordable Rental Units will generate
program income during 2010. Any program income received will be used to cover
expenses generated in an existing CDBG Program or activity and not just expenses
related to the activity generating the income, as authorized by the City Council. The City
of Eden Prairie anticipates receiving $86,000.00 in program income in 2010. The City of
Eden Prairie anticipates that there will be $346,000 available in total funds for the 2010
fiscal year. This funding is broken down as follows:
2010 CDBG Allocation $260,000.00
Program Income from repayment of deferred loans $86,000.00
Total $346,000.00
Activities Planned with CDBG Funds: The following is a listing of CDBG activities
recommended for funding by the Eden Prairie Human Services Review Committee and
approved by the Eden Prairie City Council for the 2010 program year. Details on the
proposed activities follow in order of the specific objective/strategy number identified in
the Consolidated Plan. The regulations stipulate that public service funding may not
exceed 15 percent of the City's total allocation ($260,000), plus 15 percent of the
previous year's program income ($153,467). For the 2010 program year, Eden Prairie
cannot fund public service activities in excess of $51,164. Funding for public service
activities totals $50,000, which includes 15 percent of the 2010 allocation (39,000) plus
7 percent of 2009 program income ($11,000).
5 Year 2009
Strategy Program Budgeted
ID# Project Activity Income Allocation
2.0 Rehab of Private Property Housing Rehabilitation Loan Program $86,000.00 $131,400.00
1.0 Affordable Rental Housing Affordable Housing $0 $50,000.00
3.0 Emergency Housing PROP $0 $25,000.00
6.0 Family Services YMCA $0 $12,000.00
6.0 Family Services HOME Line $0 $5,000.00
7.0 Senior Services H.O.M.E.Program $0 $8,000.00
11.0 Fair Housing Fair Housing Initiative—Consortium $0 $2,600.00
Program Administration Administration $0 $26,000.00
Total $86,000 $260,000.00
2
2010 Eden Praire-Action Plan Draft
Annual Objectives
Table 3A Summary of Specific Annual Objectives
Outcome/Objective Sources of Program Expected Actual Percent
Specific Annual Objectives Funds Performance Indicators Year Number Number Complete
DH-1 Availability/Accessibility of Decent Housing ' i
11111111
DH 1.1 Affordable Housing—CDBG funds will be used Three families will be able to own their own 2010 3
to assist with the acquisition of affordable housing CDBG home,strengthening family and community
for income eligible families. stability. TOTAL
DH 1.2 HOME Line receives CDBG funds for their tenant 375 persons will receive tenant advocacy and 2010 200
advocacy work. They provide tenant counseling CDBG hotline services,and high school students will 2011 200
and education. Family receive counseling on being a good tenant. 2012 200
Housing
Fund 2013 200
MN Human 2014 200
Services TOTAL 1000
DH-3 Sustainability of Decent Housing 111
DH-3.1 H.O.M.E.helps maintain independence for elders 40 residents will receive maintenance,chore 2010 38
and avoid premature nursing home placement by CDBG services and homemaking assistance to help keep 2011 38
providing homemaker,maintenance,and chore Hennepin them living independently. 2012 38
services. County 2013 38
United 2014 38
Way TOTAL 190
DH-3.2 The objective of the Single Family Housing 8 households will receive housing rehabilitation, 2010 8
Rehabilitation Loan Program is to preserve the CDBG accessibility improvements,and/or emergency 2011 8
existing housing stock. repairs for the purpose of maintaining decent 2012 8
affordable housing.
2013 8
2014 8
1 TOTAL 40
SL-2 Affordability of Suitable Living Environment T r T
SL-2.1 People Reaching Out to Other People(PROP)will 100 households will be able to stay in current 2010 40
receive CDBG funds to offer emergency housing CDBG housing,increasing family stability,preventing 2011 40
assistance to protect residents from the threat of Hennepin families from going to homeless shelters. 2012 40
homelessness or displacement. County 2013 40
United 2014 40
Way TOTAL 200
EO-3 Sustainability of Economic Opportunity _
EO-3.1 The YMCA provides safe,structured,and 40 children will have access to affordable before 2010 40
affordable child cares services before and after CDBG and after school child care allowing parents to 2011 40
school,all day during summer,and when school's work or seek employment. 2012 40
out for Eden Prairie families who need financial
2013 40
help so parents can go to work.
2014 40
TOTAL 200
3
2010 Eden Praire-Action Plan Draft
Activities to be Undertaken
The activities to be undertaken during the 2010 fiscal year address the priority needs
and local objectives as set forth in the Consolidated Plan. The activities that are part of
the 2010 Action Plan are to be completed within 12 months from the time funds are
allocated to the City of Eden Prairie.
Strategy 2.0 Existing Homeowners
Single Family Housing Rehabilitation Program: During the 2010 grant year, we
expect to rehabilitate eight owner-occupied homes through our Housing Rehabilitation
Loan Program. The program provides up to $30,000.00 for eligible repairs through a
deferred loan,payable after 30 years, or when the property is sold. Interest on the loan,
5 percent annually, accrues for only the first ten years of the loan.
The City will initiate a Small Emergency Repair Grant fund to be administered through
our Housing Rehabilitation Loan Program. The Small Repair Grant fund will access
funds through the Housing Rehabilitation Loan Program to be used for emergency
repairs for qualifying homeowners. The program allows a maximum of$5,000.00 per
home in grant funds to be used for emergency and small repairs.
Strategy 3.0 Affordable Housing
Eden Prairie Affordable Housing: CDBG funds will be used to assist with the
acquisition of affordable housing for income eligible families. Veteran, Active Duty
and Reserve military personnel will be targeted for this program.
Strategy 6.0 Family Services/Facilities
PROP: The City has been allocating CDBG assistance to People Reaching Out to
People (PROP) for emergency housing assistance activities since 2003. PROP has
provided considerable assistance to low income households in Eden Prairie since 1974.
PROP serves nearly 400 families per year with food, shelter and medical assistance.
YMCA: The allocation of CDBG funds for childcare assistance has been ongoing for
many years. The CDBG allocation will be used by the YMCA to subsidize before and
after school childcare for Eden Prairie families who need financial help. It is estimated
that 40 children will be served.
HOME Line: HOME Line provides renters with the tools necessary to keep their
homes safe and affordable. HOME Line's services are available to all renters free of
charge. Their programs are aimed at low income renters, high school students who are
about to enter the rental market, and recent immigrants.
Strategy 7.0 Senior Services
4
2009 Eden Prairie-Action Plan Draft
H.O.M.E. Household and Outside Maintenance for Elderly: This service helps
maintain independence for elders and avoid premature nursing home placement by
providing homemaker, maintenance and chore services. H.O.M.E. expects to serve
approximately 40 residents in 2010.
Strategy 11.0 Affirmatively Furthering Fair Housing
The City of Eden Prairie will participate in and help to fund fair housing activities
through the Fair Housing Implementation Council, which provides support for fair
housing activities. Activities include education, training, outreach, and referral in
Hennepin County.
Meeting Underserved Needs
An obstacle to meeting underserved needs the City has encountered has been a recent
lack of eligible clients in its Housing Rehabilitation Loan Program. Due to the
declining housing market in the area, many homeowners do not have enough equity in
their homes to qualify for a loan. Their property values have decreased to the point
where many owe more on their property than the property is worth.
The City does continue to market the program and encourages homeowners to wait
until property values rise again.
Geographic Distribution
All activities are community-wide programs available to all eligible residents of Eden
Prairie.
5
2010 Eden Prairie-Action Plan Draft
Estimate for Low and Moderate Income
Estimated % of
Activity 2010 Budgeted Allocation to Benefit
Allocation Low/Moderate Income
Affordable Housing $50,000 100%
Housing Rehabilitation Loan Program $131,400 100%
PROP $25,000 100%
YMCA $12,000 100%
Home Line $5,000 100%
H.O.M.E. $8,000 100%
Fair Housing Activities $2,600 100%
Program Administration $26,000 N/A
Citizen Participation Plan
The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the
City's Action Plan is part of the Hennepin County Consortium Action Plan. The City
follows Hennepin County's Citizen Participation Plan, which calls for the Hennepin
County Consortium Action Plan to be available for public comment 30 days prior to a
public hearing before the Hennepin County Board. The Eden Prairie City Council held
their own public hearing on March 9, 2010 and allowed the public to comment on the
proposed activities. Notice of the public hearing was published in the Eden Prairie
News two weeks prior to the meeting. No public comments were received prior to,
during or after the public hearing. The City's Human Services Review Committee
responds to questions and inquiries about the plan, and makes recommendations to the
City Council based on feedback.
Consultation Process
The City of Eden Prairie has a Development Review Committee comprised on staff
from Housing and Human Services, Community Development and Planning,
Engineering, Fire and Inspections. This committee meets monthly to review proposals
for new development and projects. This group works directly with developers, non-
profit agencies and other governmental agencies and transit authorities to ensure that
all perspectives are considered throughout the review process.
Housing and Market Analysis
General
There are a variety of housing options and choices in Eden Prairie, from Section 8
rental housing for low income residents, to "executive estates" with large single family
homes, and many life cycle housing options in between. Of the 24,848 total housing
units, 18,139 or 73 percent are ownership and 6,708 or 27 percent are rental. There are
953 subsidized rental units located throughout Eden Prairie, including three Section 8
Project-Based complexes with 355 units.
6
2010 Eden Prairie-Action Plan Draft
Eden Prairie has a large Somali immigrant population, estimated to number
approximately 4,000 people. While most Somali families live in apartment complexes,
including the Project-Based Section 8 complexes, there is a trend toward Somali
ownership and rentals of single family homes.
Eden Prairie has used a "scattered-site" approach to providing affordable housing
which requires developers who are seeking financial assistance from the City to set
aside 20 percent of their units for low/moderate income people. This approach has
prevented the concentration of low income housing in any one part of the City.
Eden Prairie has a large number of group homes that provide supportive care for
developmentally delayed adults, aftercare treatment for teens with chemical addictions,
and memory care support for elderly people.
A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie
for nearly 20 years. There is no estimate available on the number of abandoned
buildings or their prospect for rehabilitation.
Public Housing
The City of Eden Prairie does not have a Public Housing Authority; however, through
an agreement with the Minneapolis Public Housing Authority, we do have 19
scattered-site public housing units which are managed by the Metropolitan Housing
and Redevelopment Authority (HRA). The City of Eden Prairie does not have any
oversight or involvement in the operation of the units and therefore does not have a
plan to encourage public housing residents to become more involved in management
and homeownership.
Homeless and Other Special Needs Activities
Emergency Housing Funds: PROP (People Reaching Out to Other People) receives
CDBG funds to support their Housing Assistance Program, which helps
families/individuals who are homeless or who are at risk of being homeless due to a
short-term financial crisis. The goal of the program is to end chronic homelessness
while stabilizing families and creating a healthy environment for children. In 2009,
PROP spent over$200,000 to prevent homelessness.
The City of Eden Prairie allocates general funds for social services programs. These
programs support people who are currently homeless, facing homelessness or have
other special needs.
City funded (non-CDBG funds) programs for homeless and other special needs
activities:
7
2010 Eden Prairie-Action Plan Draft
Cornerstone Advocacy Services provides services to victims of domestic violence,
including emergency shelter, transitional housing, legal services and counseling. In
2008, Cornerstone served 621 Eden Prairie residents. The City of Eden Prairie's
contract with Cornerstone for the 2010 budget cycle is $30,000.
Teens Alone, serves at-risk homeless youth, families and runaways with services that
include shelter, counseling and crisis intervention. Teens Alone goal is to reunite
youth with their families. If reunification is not possible, Teens Alone helps provide a
safe, decent living situation. In 2009, Teens Alone served 57 Eden Prairie youth. The
City of Eden Prairie's contract with Teens Alone for the 2010 budget year is $13,5.00.
Storefront Group, serves at-risk youth ages 11 — 18, who are involved in the juvenile
justice system. In 2009, Storefront served 150 Eden Prairie youth. The City of Eden
Prairie's contract with Storefront for the 2010 budget year is $10,000.
Meals on Wheels, serves Eden Prairie elderly and disabled residents. In 2009, Meals
on Wheels served 5794 meals. The City of Eden Prairie's contract with Meals on
Wheels for the 2010 budget year is $10,000.
Senior Community Services, serves Eden Prairie senior citizens with services such as
outreach, assessment, care/service coordination and family consultations. In 2009,
Senior Community Services served 360 residents. The City of Eden Prairie's contract
with Senior Community Services for the 2010 budget year is $30,000.
People Reaching out to Other People (PROP) provides a food shelf to low income
residents of Eden Prairie. In 2009, PROP served 2317 households with emergency
assistance and 87 households received energy assistance. The City of Eden Prairie's
contract with PROP for the 2010 budget year is $31,000.
The City of Eden Prairie will continue to work in partnership with social services
agencies, the faith community, business and civic organizations to address the needs of
persons experiencing homelessness and other special needs. The City recognizes that
access to transportation services is a critical need for low/moderate income residents of
Eden Prairie, and allocates a significant amount of staff time to research solutions and
options.
Other Activities
Remove Barriers to Affordable Housing
Eden Prairie uses many strategies to remove barriers to affordable housing. CDBG
funds have been appropriated to the West Hennepin Affordable Housing Land Trust
(WHAHLT) to acquire properties which are then sold to income eligible families and
individuals. By using the land trust model, these properties remain affordable for 99
years. The City uses TIF Districts to help developers set aside affordable units in
several rental properties throughout the community. The City uses CDBG funds in the
single family home rehabilitation program to help homeowners keep their properties
8
2010 Eden Prairie-Action Plan Draft
viable and structurally sound. Without the home rehabilitation program, some of our
residents, particularly senior citizens, could not afford to make the repairs which are
necessary to stay in their homes. The City works with developers to incorporate
affordable housing in all new proposed developments. During 2009, the City is used
CDBG funds to construct a new rental home for an income eligible Eden Prairie
family.
Human Services Review Committee: This committee is comprised of City staff from a
variety of departments, including Housing and Human Services, Zoning Enforcement,
Police, Administration and Parks and Recreation. This group meets monthly to work
on issues related to housing and human services. Each year, this committee reviews
requests for funding from service providers and makes funding recommendations to the
City Council. There are two sources of funding for human services, the City's general
fund ($160,000 in 2009 and 2010) and CDBG. The recommendations are based on
review of written proposals, site visits and other methods to determine the quality of
the service and the overall value to the community.
Human Rights and Diversity Commission: The Human Rights and Diversity
Commission acts in an advisory capacity to the City on matters of diversity, civil
and human rights and the Americans with Disabilities Act. The Commission has
been involved in such important social issues as identifying needs of the immigrant
population and finding solutions to "bullying" in local schools.
Rental Housing Inspection Program: the City has started an annual inspection of single
family rental properties to determine Code compliance and health or safety violations
that need correction. This program ensures that rental properties are well maintained
and that no substandard rental units are licensed in the City.
Apartment Property Managers Group: The City facilitates a group of rental property
and apartment managers that meet quarterly to discuss issues, receive updates and
training on topics related to fire and life safety, crime prevention, inspections, social
services and so forth. These meetings are well attended and have fostered a spirit of
cooperation among and between the property managers and the City services.
FamiLink Resource Center: Through a partnership with the Eden Prairie School
District, the City houses the FamiLink Resource Center, a resource and referral center
for all residents and businesses. FamiLink has been successful in launching many new
initiatives, including an English Language Learner (ELL) class for employees of the
Eden Prairie Center, and stores within the center, and a work readiness program which
pairs people looking for work with volunteer mentors who help with resumes, job
applications and mock interviews.
Transportation Committee: Housing and Human Services staff coordinates a group of
local services providers who meet monthly to address transportation issues within the
City. This partnership has resulted in the "Shopping Bus" which provides weekly
9
2010 Eden Prairie-Action Plan Draft
transportation to seniors and handicapped people living in apartments to selected
shopping destinations.
Monitoring Actions
In order to ensure that the City is meeting its goals and objectives and remaining in
compliance with federal regulations, several items have been incorporated into the
City's CDBG Program.
Subrecipient Agreements
For activities carried out by subrecipients, the City enters into a subrecipient agreement
with the organization. This agreement covers several items, including: a scope of
services, a term for expenditure of the funds, compliance with federal regulations,
record-keeping, and others.
Subrecipient Monitoring
During the course of the year, in addition to receiving reports, the City also conducts
an onsite monitoring visit of each subrecipient. These onsite monitoring visits consist
of review of files for compliance with federal regulations, general program review with
the subrecipient, and follow-up after to ensure any problems found are being resolved.
In addition to on-site monitoring, the City periodically reviews all of its active files to
make certain subrecipients are expending their funds in a timely manner.
Timeliness
The City of Eden Prairie will be requesting that all subrecipients invoice the City
quarterly. This will enable the City of Eden Prairie to insure that the subrecipients are
meeting their goals and objectives and that they are expending their funds in a timely
manner.
CAPER Report
Annually, the City prepares the Consolidated Annual Performance and Evaluation
Report(CAPER) that is required by HUD and included in the Hennepin County
Consortium's CAPER.
Other Actions
As described in the Public Housing section, the City of Eden Prairie does not have
oversight of and is not involved in the operation of public housing units, and therefore
does not have a plan to address public housing improvements and resident initiatives.
The proposed actions the City of Eden Prairie will take to reduce the number of
persons below the poverty line are seen in the public services programs we fund, both
with our general funds and CDBG funds, which promote self-sufficiency. Funded
social services programs such as the vehicle repair program, the emergency housing
assistance program, Meals on Wheels, and others listed several times throughout this
Action Plan have the common theme of helping people become or remain self
10
2010 Eden Prairie-Action Plan Draft
sufficient. Helping people become or remain self-sufficient will reduce the likelihood
that they will fall below the poverty line.
Evaluating and Reducing Lead Based Paint Hazards
In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will
be tested for lead through the Hennepin County Housing, Community Works and
Transit Lead Hazard Control. If lead hazards are found, they must be corrected and a
clearance report must be completed. This process is completed following HUD
regulations and guidelines. A significantly larger portion of Eden Prairie's housing
stock was built after 1978, however, as redevelopment plans take place, the issue of
reducing lead-based paint hazards will become more prominent.
Resources Available to Address Community Development and Housing Needs
Federal Resources
CDBG: The City of Eden Prairie uses CDBG funds to provide affordable rental
and homeownership options. Using CDBG funding, the City has worked with
developers to set aside affordable rental units in apartment complexes. The
City has worked with the West Hennepin Affordable Housing Land Trust
(WHAHLT) to construct five new town homes in a new development. The city
will acquire an additional three townhomes in this development during 2010 to
be sold to income eligible, first time home buyers.
Housing Rehabilitation: CDBG Funds will be used to rehabilitate eight single
family homes throughout the City. Eligible repairs include interior and exterior
repairs.
Other Resources
State Of Minnesota Resources
• Minnesota Housing Finance Agency (MHFA): This agency provides first-time
homebuyer programs, housing rehabilitation programs, and development and
redevelopment financing through their Consolidated Request for Proposals
(RFP) process. Since 1999, 25 loans have been made through the Minnesota
City Participation Program (MCPP) First-Time Homebuyer Program to Eden
Prairie residents.
Metropolitan Council
• Metropolitan Council Family Affordable Housing Program (FAHP): The City
of Eden Prairie agreed to allow the Metropolitan Council to acquire, own,
manage and operate up to 20 properties as public housing units in Eden Prairie.
Currently, there are 19 units in Eden Prairie located in various developments
11
2010 Eden Prairie-Action Plan Draft
throughout the City and there are no more than two units in any one
development.
Local Resources
• Tax Increment Financing (TIF): The City has TIF agreements with developers
of rental housing complexes to provide affordable rental for low/moderate
income residents. Over 200 affordable units are in apartments, townhomes and
senior living complexes spread across Eden Prairie.
12
2010 Eden Prairie-Action Plan Draft
TABLE 3B-ANNUAL HOUSING COMPLETION GOALS
Grantee Name: Eden Prairie Expected Annual Actual Annual Resources used during the period
Number of Units Number of Units
Program Year: 2010 To Be Completed Completed CDBG HOME ESG HOPWA
ANNUAL AFFORDABLE
HOUSING GOALS (SEC. 215)
Homeless households ❑ ❑ ❑ ❑
Non-homeless households ❑ ❑ ❑ ❑
Special needs households ❑ ❑ ❑ ❑
ANNUAL AFFORDABLE
RENTAL HOUSING GOALS
(SEC. 215)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units X ❑ ❑ ❑
Rental Assistance 130 X ❑ ❑
Total Sec.215 Affordable Rental 130 X ❑ ❑ ❑
ANNUAL AFFORDABLE
OWNER
HOUSING GOALS (SEC. 215)
Acquisition of existing units ❑ ❑
Production of new units ❑ ❑
Rehabilitation of existing units 8 X ❑
Homebuyer Assistance 3 X ❑ ❑
Total Sec.215 Affordable Owner 11 X ❑ ❑ ❑
ANNUAL AFFORDABLE
HOUSING GOALS (SEC. 215)
Acquisition of existing units ❑ ❑ ❑
Production of new units ❑ ❑ ❑
Rehabilitation of existing units ❑ ❑ ❑ ❑
Homebuyer Assistance ❑ ❑ ❑
Total Sec.215 Affordable Housing ❑ ❑ ❑ ❑
ANNUAL HOUSING GOALS
Annual Rental Housing Goal 130 X ❑ ❑ ❑
Annual Owner Housing Goal 11 X ❑ ❑ ❑
Total Annual Housing Goal 141 X ❑ ❑ ❑
13
2010 Eden Prairie-Action Plan Draft
City of Eden Prairie Community Development Block Grant Performance Measurement System 2010
STRATEGY 411111.11, GOALS INPUTS ACTIVITIES OUTPUTS OUTCOMES
2.0 Existing Homeowners • Preserve Existing • $131,400 of CDBG • Housing Rehabilitation • 8 rehabilitated homes • 8 households will receive housing
Housing Stock • $86,000 of CDBG • Accessibility Improvements rehabilitation,accessibility improvements
program income • Emergency Repairs and/or emergency repairs for the purpose
(projected) of maintaining decent affordable housing
• .5 staff member to
administer housing
rehabilitation program
3.0 Affordable Hosuing • Create new • 50,000 of 2010 CDBG • CDBG funds will be used to assist • 3 new affordable townhome • 3 families will be able to own their own
homeownership • 128,000 of 2008 CDBG with the acwuisition of affordable units home,strengthening family and community
opportunities. • .5 staff member to housing for income eligible families. stability.
administer program Veteran,active duty,and reserve
military personnel will be targeted for
this program.
6.0 Family Services • Emergency Housing • $42,000 of CDBG • Provide emergency funds for rent, • 40 families kept from • 100 families will be able to stay in current
• Child Care mortgage,to prevent homelessness homelessness or displacement housing,increasing family stability,
• Tenant Counseling • Provide access to quality and • 40 children receive day care preventing families from going to homeless
affordable child care assistance shelters.
• Provide tenant counseling services • 375 renter households get • 40 children will have access to affordable
• Provide emergency funds for selected advocacy and hotline services childcare allowing parents to work or seek
vehicle repairs • 3 families will receive employment
emergency vehicle repair • 200 persons will receive tenant advocacy
and hotline services,and high school
students will receive counseling on being a
good tenant.
7.0 Senior Services • Help for seniors to • $8,000 of CDBG • Provide seniors with homemaker and • 40 residents will receive • 40 residents will receive maintenance,
stay independent. maintenance chore services. household services. chore services and homemaking assistance
to help keep them living independently.
14
2010 Eden Prairie-Action Plan Draft
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-
RESOLUTION APPROVING USE OF FUNDS FOR 2010
COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant Program; and
WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and
held a public hearing on March 9, 2010, to obtain the views of citizens on the proposed use of
$260,000 for the 2010 Community Development Block Grant Program.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and
the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
ACTIVITIES BUDGET
PROP - Emergency Housing Assistance $ 25,000
YMCA - Child Care Subsidy $ 12,000
HOME - Household& Outside Maintenance for Elderly $ 8,000
Homeline Tenant's Advocacy Service $ 5,000
Housing Rehabilitation Deferred Loan Program $ 131,400
Affordable Housing Initiative $ 50,000
Fair Housing Initiative $ 2,600
Program Administration $ 26,000
Total $ 260,000
ADOPTED by the City Council of the City of Eden Prairie this 9th day of March, 2010.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims March 9, 2010
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 195058— 195725
Wire Transfers 3747—3754
City of Eden Prairie
Council Check Summary
3/9/2010
Division Amount Division Amount
General 126,381 316 WAFTA 927
100 City Manager 745 803 Escrow Fund 357
101 Legislative 118 804 100 Year History 6,535
102 Legal Counsel 34,528 806 SAC Agency Fund 11,725
110 City Clerk 490 Total Agency Funds 19,544
111 Customer Service 7,022
113 Communications 8,272 116 Facilities 17
114 Benefits&Training 80,759 807 Benefits Fund 525,673
130 Assessing 98 810 Workers Comp Insurance 127,353
132 Housing and Community Services 405 811 Property Insurance 5,526
133 Planning 125 812 Fleet Internal Service 50,443
136 Public Safety Communications 37,751 813 IT Internal Service 48,110
137 Economic Development 103 814 Facilities Capital ISF 43,310
138 Community Development Admin. 641 815 Facilites Operating ISF 56,739
151 Park Maintenance 9,452 816 Facilites City Center ISF 95,973
153 Organized Athletics 8,557 817 Facilites Comm.Center ISF 78,218
154 Community Center 10,452 Total Internal Service Funds 1,031,362
156 Youth Programs 3,368
158 Adult Recreation 1,961 Report Totals 3,997,575
159 Recreation Administration 17,380
160 Therapeutic Recreation 98
161 Oak Point Pool 1,005
162 Arts 4,792
163 Outdoor Center 1,493
167 CC-Youth Programs 336
168 Arts Center 697
180 Police 56,086
183 Emergency Preparedness 14
184 Fire 8,116
186 Inspections 206
200 Engineering 3,405
201 Street Maintenance 27,209
202 Street Lighting 70,447
Total General Funds 522,511
301 CDBG 5,644
308 E-911 10,551
309 DWI Forfeiture 2,956
Total Special Service Funds 19,150
424 G.O.Improvement Bonds 2003D 431
Total Capital Project Funds 431
315 Economic Development 802,194
502 Park Development 1,235
503 Utility Improvement 50,606
509 CIP Fund 316,594
519 Community Center Expansion 64,746
526 Transportation Fund 2,355
Total Capital Project Funds 1,237,731
601 Prairie Village Liquor 206,816
602 Den Road Liquor 232,853
603 Prairie View Liquor 247,232
605 Den Road Building 1,890
701 Water Fund 152,857
702 Sewer Fund 319,591
703 Storm Drainage Fund 5,608
Total Enterprise Funds 1,166,846
City of Eden Prairie
Council Check Rgister
3/9/2010
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195488 800,000 GUARANTY COMMERCIAL TITLE INC Land Held for Resale Economic Development Fund Economic Development Fund
195622 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee
195312 220,892 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits March Medical/Dental Premiums
195615 209,059 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds CIP-Bonds
195336 200,973 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Insurance
3751 183,736 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
3750 121,045 PUBLIC EMPLOYEES RETIREMENT AS Deposits Escrow PERA
195433 104,323 XCEL ENERGY Electric City Hall-CAM Utilities
3749 95,816 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund
195344 86,392 MCKINSTRY ESSENTION INC Other Contracted Services Capital Impr./Maint.Fund
195490 64,746 INTERNAL REVENUE SERVICE CENTE Interest Income Community Center Expansion
195537 63,418 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
195138 48,731 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
195609 46,319 LOGIS Network Support IT Operating
195326 39,237 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
195093 38,064 DIVERSE BUILDING MAINTENANCE Janitor Service Community Center Maintenance
195408 36,033 THERMAL TECHNOLOGIES INC Building Facilities Capital
195240 32,349 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Infiltration/Inflow Study
195223 27,746 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
195290 27,596 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation
195279 27,500 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police
195598 25,047 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
195360 24,334 MORTON SALT Salt Snow&Ice Control
195574 23,804 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
195497 22,866 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
195060 22,699 ADVANCED PUBLIC SAFETY INC Other Assets CIP-Bonds
195168 22,578 MOBILE RADIO ENGINEERING INC Capital Under$10,000 Public Safety Communications
195129 22,135 HUNERBERG CONSTRUCTION COMPANY Building Park Acquisition&Dev Fixed A
195207 22,066 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
195399 21,748 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police
195552 21,522 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center
195224 20,385 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
3753 20,177 ING Deferred Compensation General Fund
195431 19,542 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
195538 18,961 CERIDIAN Equipment Repair&Maint CIP-Bonds
195183 18,842 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
195509 18,521 BAKER ASSOCIATES INC Leasehold Improvements Prairie View Liquor Store
195430 18,159 WIRTZ BEVERAGE MINNESOTA Miscellaneous Den Road Liquor Store
195693 17,492 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
195596 17,009 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
195484 16,950 VTI Other Assets Capital Impr/Maint Fixed
195409 16,700 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
195188 15,650 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
195372 15,538 PHILLIPS WINE AND SPIRITS INC Wine Domestic Prairie View Liquor Store
195376 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
195478 15,174 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant
195134 14,968 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195523 14,952 BONNER&BORHART LLP Legal Legal Criminal Prosecution
195708 14,910 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
3752 14,183 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
195377 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
195275 12,460 CENTERPOINT ENERGY Gas Water Treatment Plant
195235 11,725 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
195244 11,680 R R DONNELLEY Printing Community Brochure
195610 11,497 LOVEGREEN INDUSTRIAL SERVICES Equipment Repair&Maint Water Treatment Plant
195266 11,160 BOYER TRUCKS Equipment Repair&Maint Fleet Operating
195085 10,797 DAY DISTRIBUTING Misc Non-Taxable Prairie View Liquor Store
195652 10,761 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
195633 10,604 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
195645 10,463 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
195215 10,443 WASHINGTON COUNTY Capital Under$10,000 E-911 Program
195221 10,003 WINE MERCHANTS INC Transportation Prairie View Liquor Store
195460 9,986 ADVANCED ENGINEERING&ENVIRON Machinery&Equipment Utility Improvement Fund
195475 9,950 NORTH STAR PUMP SERVICE Equipment Repair&Maint Water Treatment Plant
195142 9,779 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance
195483 9,506 VESSCO INC Equipment Parts Water Treatment Plant
195383 9,479 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
195321 9,473 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
195283 8,657 DAY DISTRIBUTING Beer Prairie View Liquor Store
195155 8,024 MASIMO AMERICAS INC Capital Under$10,000 Fire
195206 7,730 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Hall-CAM
195369 7,600 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
195067 6,736 ANCHOR PRINTING COMPANY Printing Historical Culture
195280 6,726 COSTCO Capital Under$10,000 Public Safety Communications
195539 6,587 CHANHASSEN,CITY OF Equipment Repair&Maint Water System Maintenance
195072 6,457 BELLBOY CORPORATION Transportation Prairie View Liquor Store
195644 6,247 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
195261 6,177 BELLBOY CORPORATION Transportation Prairie View Liquor Store
195115 6,157 GRAYMONT Treatment Chemicals Water Treatment Plant
195304 6,104 GRAYMONT Treatment Chemicals Water Treatment Plant
195723 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
195712 5,841 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
195673 5,783 THORPE DISTRIBUTING Beer Prairie View Liquor Store
195724 5,700 US POSTMASTER Postage Community Brochure
195079 5,543 CENTERPOINT ENERGY Gas Prairie Village Liquor Store
195462 5,503 CLEAR EDGE Equipment Repair&Maint Water Treatment Plant
195466 5,419 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
195392 5,344 SCHARBER&SONS Machinery&Equipment Park and Recreation
195428 5,304 WINE MERCHANTS INC Transportation Prairie View Liquor Store
195694 5,131 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
195528 5,109 BOYER TRUCKS Equipment Repair&Maint Fleet Operating
195579 4,585 HAWKINS INC Treatment Chemicals Water Treatment Plant
195470 4,562 IDENTISYS Operating Supplies Public Safety Communications
195277 4,500 CLAREYS INC Conference Expense Engineering
195668 4,430 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant
195558 4,425 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
195517 4,416 BELLBOY CORPORATION Transportation Prairie View Liquor Store
195550 4,346 DAY DISTRIBUTING Beer Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195193 4,315 SCHARBER&SONS Equipment Parts Fleet Operating
195374 4,241 POMP'S TIRE SERVICE INC Tires Fleet Operating
195361 4,158 MUNICIPAL WATER SOLUTIONS LLC Treatment Chemicals Water Treatment Plant
195080 4,140 CENTURYLINK Telephone IT Telephone
195661 3,728 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service
195499 3,713 ALTERNATIVE BUSINESS FURNITURE Repair&Maint.Supplies Housing and Human Svcs
195687 3,691 WALL TRENDS INC Contract Svcs-General Bldg Historical Buildings
195292 3,687 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
195556 3,663 ELECTRIC PUMP Equipment Parts Sewer Liftstation
195606 3,634 LAKE COUNTRY DOOR LLC Building Repair&Maint. Sewer System Maintenance
195713 3,336 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
195691 3,329 WINE MERCHANTS INC Transportation Prairie View Liquor Store
195485 3,304 YALE MECHANICAL INC Maintenance Contracts Water Treatment Plant
195700 3,293 BELLBOY CORPORATION Transportation Den Road Liquor Store
195287 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
195695 3,239 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
195156 3,207 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture
195300 3,184 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Special Events&Trips
195714 3,106 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
195069 3,099 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
195573 3,074 GRAYMONT Treatment Chemicals Water Treatment Plant
195349 3,053 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating
195711 3,027 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
195423 2,944 VISTAR CORPORATION Merchandise for Resale Concessions
195703 2,933 DAY DISTRIBUTING Beer Den Road Liquor Store
195719 2,887 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
195340 2,878 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance
195286 2,830 DIVERSIFIED CONSTRUCTION Work In Progress Prairie View Liquor Store
195421 2,735 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities
195591 2,690 INFRATECH Equipment Repair&Maint Storm Drainage
195220 2,667 WINE COMPANY,THE Transportation Prairie View Liquor Store
195073 2,663 BLOOMINGTON,CITY OF Kennel Services Animal Control
195257 2,578 BAKER ASSOCIATES INC Operating Supplies Prairie Village Liquor Store
195495 2,565 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#3
195720 2,562 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
195152 2,498 MAACO Equipment Repair&Maint Fleet Operating
195718 2,416 WINE MERCHANTS INC Transportation Den Road Liquor Store
195094 2,400 DIVERSIFIED CONSTRUCTION Leasehold Improvements Prairie View Liquor Store
195062 2,355 ALLIANT ENGINEERING INC Design&Engineering Transportation Fund
195666 2,337 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk
195419 2,318 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications
195199 2,300 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store
195356 2,289 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
195432 2,231 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
195263 2,182 BEST BUY Other Hardware Capital Impr./Maint.Fund
195467 2,141 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund
195180 2,119 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
195577 2,104 HARMON INC. Other Contracted Services Prairie View Liquor Store
195214 2,087 VINOCOPIA Transportation Den Road Liquor Store
195582 2,072 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
195362 1,942 MUSIC THEATRE INTERNATIONAL Other Contracted Services Summer Theatre
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195063 1,928 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
195529 1,895 BRAUN INTERTEC CORPORATION Other Contracted Services Storm Drainage
195403 1,864 STATE SUPPLY COMPANY Supplies-Plumbing Dunn Brothers
195212 1,853 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF
195181 1,825 PEPSI COLA COMPANY Misc Taxable Prairie Village Liquor Store
195204 1,761 SURLY BREWING CO Beer Prairie View Liquor Store
195638 1,700 NETSENTIAL.COM INC Software Maintenance IT Operating
195592 1,690 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
195373 1,675 PITKANEN,STEVEN S Tuition Reimbursement/School Organizational Services
195402 1,661 STAPLES ADVANTAGE Office Supplies Customer Service
195564 1,584 FORCE AMERICA Machinery&Equipment Snow&Ice Control
195380 1,570 Q'STRAINT USA Equipment Parts Fleet Operating
195603 1,561 KRISS PREMIUM PRODUCTS INC Supplies-HVAC City Hall-CAM
195113 1,521 GRAPE BEGINNINGS Transportation Den Road Liquor Store
195477 1,513 SHULMAN,ROGERS,GANDAL,PORDY Legal Public Safety Communications
195427 1,500 WINE COMPANY,THE Transportation Prairie View Liquor Store
195640 1,493 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters
195314 1,490 HOHENSTEINS INC Beer Prairie View Liquor Store
195248 1,450 AMERICAN PUBLIC WORKS ASSOCIAT Dues&Subscriptions Engineering
195506 1,425 ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police
195132 1,402 J J KELLER&ASSOCIATES INC Dues&Subscriptions Utility Operations-General
195586 1,386 HOME DEPOT CREDIT SERVICES Leasehold Improvements Prairie View Liquor Store
195218 1,373 WELD&SON'S PLUMBING Contract Svcs-Plumbing Historical Buildings
195227 1,367 WORLD CLASS WINES INC Transportation Prairie View Liquor Store
195087 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf City Hall-CAM
195303 1,333 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
195366 1,324 NTOA Tuition Reimbursement/School Police
195288 1,283 ECOLAB INC Contract Svcs-Pest Control Fire Station#4
195099 1,250 EPA AUDIO VISUAL INC Equipment Repair&Maint IT Operating
195350 1,250 MICHAELSON,ELIZABETH H Other Contracted Services Winter Theatre
195531 1,235 BUETOW AND ASSOCIATES INC Other Contracted Services Park Acquisition&Development
195672 1,205 SWANSON,JEFF Other Contracted Services Broomball
195401 1,201 SPIRIT APPAREL&STUFF Clothing&Uniforms Fitness Center
195125 1,200 HERSEY-METERS Equipment Repair&Maint Water Metering
195171 1,146 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
195118 1,100 GUARANTY COMMERCIAL TITLE INC Land Held for Resale Economic Development Fund
195593 1,062 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
195102 1,059 FIRE SAFETY USA INC Protective Clothing Fire
195504 1,056 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
195302 1,040 GRAINGER Equipment Parts Sewer Liftstation
195293 1,036 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
195074 1,011 BOURGET IMPORTS Transportation Prairie View Liquor Store
195146 1,005 LIFEGUARD STORE INC,THE Clothing&Uniforms Oak Point Lessons
195232 1,000 COCHRANE,WILLIAM Insurance Claims Sewer Utility-General
195184 993 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM
195241 980 SOTA Tuition Reimbursement/School Police
195643 980 PASS FENCING Other Contracted Services Street Lighting
195587 970 HORNADY MFG Training Supplies Police
195389 955 ROGERS,KYLE Other Contracted Services Broomball
195635 949 MT GLOBAL LLC Transportation Prairie Village Liquor Store
195101 932 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195311 915 HD SUPPLY WATERWORKS LTD Merchandise for Resale Water Metering
195625 909 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store
3754 908 CERIDIAN Garnishment Withheld General Fund
195307 905 HACH COMPANY Laboratory Chemicals Water Treatment Plant
195095 897 DOHERTY,SANDRA L Other Contracted Services Volleyball
195245 894 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
195348 890 METRO SALES INCORPORATED* Other Rentals General Facilities
195140 884 KEEPERS Clothing&Uniforms Reserves
3748 881 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
195526 844 BOURGET IMPORTS Transportation Prairie View Liquor Store
195621 835 METRO SALES INCORPORATED* Office Supplies Community Center Admin
195112 833 GRANICUS INC Software Maintenance IT Operating
195173 800 NSWFA Dues&Subscriptions Fire
195519 796 BEST BUY Supplies-General Bldg Outdoor Center Facilities
195228 794 WSB&ASSOCIATES INC Other Contracted Services Economic Development Fund
195614 786 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
195566 778 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
195589 762 I2 INC Software Maintenance IT Operating
195581 755 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
195158 754 MCNEILUS STEEL INC Repair&Maint.Supplies Sewer System Maintenance
195561 753 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store
195174 745 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
195202 738 STAPLES ADVANTAGE Office Supplies Customer Service
195179 736 PAT KERNS WINE MERCHANTS Transportation Prairie Village Liquor Store
195309 722 HARMON INC. Contract Svcs-Gen.Bldg City Center Operations
195479 722 THERMAL TECHNOLOGIES INC Contract Svcs-HVAC City Center Operations
195530 721 BUCK,NATHAN Other Contracted Services Basketball
195663 716 SIEMENS INDUSTRY INC Contract Svcs-Fire/Life/Safe Ice Arena Maintenance
195357 716 MINNESOTA WANNER COMPANY Equipment Parts Fleet Operating
195525 713 BOUNDLESS NETWORK Clothing&Uniforms General Community Center
195397 713 SIEMENS INDUSTRY INC Contract Svcs-Fire/Life/Safe Community Center Maintenance
195461 702 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
195076 698 BUCK,NATHAN Other Contracted Services Basketball
195476 696 PRAIRIEVIEW RETAIL LLC Electric Prairie View Liquor Store
195707 689 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store
195542 676 CLAREYS INC Office Supplies Customer Service
195162 675 MILLER,JAY Insurance Property Insurance
195505 670 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
195637 655 NAHRO Dues&Subscriptions Economic Development
195650 655 PROSOURCE SUPPLY Cleaning Supplies Pool Maintenance
195547 654 CUSHMAN MOTOR COMPANY INC. Equipment Repair&Maint Fleet Operating
195722 650 MN CHIEFS OF POLICE Conference Expense Police
195133 649 JANEX INC Supplies-General Bldg Community Center Maintenance
195721 637 WORLD CLASS WINES INC Transportation Den Road Liquor Store
195119 630 HAWKINS INC Treatment Chemicals Water Treatment Plant
195424 629 WAHLS ENTERPRISES Equipment Repair&Maint Park Maintenance
195404 627 STREICHERS Clothing&Uniforms Police
195604 626 KUSTOM SIGNALS INC Equipment Repair&Maint Police
195676 625 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store
195654 624 REBS MARKETING Other Contracted Services Environmental Education
195415 619 UNIFORMS UNLIMITED Clothing&Uniforms Police
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195669 613 STAPLES ADVANTAGE Office Supplies Customer Service
195253 608 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
195323 607 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant
195298 600 FORS,ERICA Other Contracted Services Winter Theatre
195319 600 JANETSKI,BETH Other Contracted Services Winter Theatre
195358 600 MN EMERGENCY SERVICE CHAPLAIN Tuition Reimbursement/School Police
195655 600 RESCUE PHONE INC Capital Under$10,000 Police
195498 592 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant
195406 590 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Public Works/Parks
195670 586 STREICHERS Clothing&Uniforms Police
195554 580 EDEN PRAIRIE APPLIANCE Capital Under$10,000 Police City Center
195651 572 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
195276 570 CHANHASSEN DINNER THEATRE Program Fee Trips
195690 570 WINE COMPANY,THE Transportation Prairie View Liquor Store
195084 559 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
195265 557 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations
195512 552 BARNES,BELINDA A. Other Contracted Services Volleyball
195075 551 BOYER TRUCKS Equipment Parts Fleet Operating
195216 550 WATER CONSERVATION SERVICES IN OCS-Utility Locates Water System Maintenance
195364 550 NEUMANN,NEAL Other Contracted Services Broomball
195126 549 HEWLETT-PACKARD COMPANY Computers Fire
195151 549 M.AMUNDSON LLP Transportation Prairie View Liquor Store
195500 548 AMERICAN PLANNING ASSN Dues&Subscriptions Community Development Admin.
195565 547 GE CAPITAL Other Rentals Customer Service
195205 543 THE OASIS GROUP Employee Assistance Organizational Services
195301 542 GE CAPITAL Other Rentals Customer Service
195569 540 GOVDELIVERY Equipment Repair&Maint IT Operating
195660 540 SEAFORTH ELECTRIC INC Building Repair&Maint. Utility Operations-General
195375 539 PRAIRIE ELECTRIC COMPANY Leasehold Improvements Prairie View Liquor Store
195649 534 PROP United Way Withheld General Fund
195407 532 TESSMAN SEED CO Chemicals Park Maintenance
195370 530 PETTY CASH Petty Cash&Change Funds Prairie View Liquor Store
195474 526 MITY-LITE INC Capital Under$10,000 Furniture
195230 514 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1
195201 505 STANLEY SECURITY SOLUTIONS INC Operating Supplies Ice Arena
195271 502 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Park Maintenance
195605 499 LAB SAFETY SUPPLY INC Cleaning Supplies Utility Operations-General
195580 497 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire
195315 480 HUBERTS Building Repair&Maint. Water Treatment Plant
195480 475 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM
195124 475 HENRY,PAUL Other Contracted Services Broomball
195599 474 KEEPERS Clothing&Uniforms Fire
195639 472 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
195066 467 AMERITRAK Other Contracted Services Snow&Ice Control
195295 466 FERRELLGAS Gas Outdoor Center
195410 462 THREE RIVERS PARK DISTRICT Operating Supplies Internal Events
195317 460 INTERNATIONAL FIRE PROTECTION Leasehold Improvements Prairie View Liquor Store
195511 459 BARNA,GUZY&STEFFEN,LTD Other Contracted Services Police
195623 453 METROPOLITAN FORD Equipment Parts Fleet Operating
195680 448 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
195165 447 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195709 446 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
195297 435 FIRE SAFETY USA INC Small Tools Fire
195678 433 UNIQUE PAVING MATERIALS Patching Asphalt Street Maintenance
195414 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D
195225 424 WM MUELLER AND SONS INC Gravel Water System Maintenance
195417 420 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
195305 414 GREATAMERICA LEASING CORP. Postage Customer Service
195464 382 D&F COMMUNICATIONS INC Capital Under$10,000 Public Safety Communications
195213 380 VERIZON WIRELESS Pager&Cell Phone Park Maintenance
195716 375 WIGLEY AND ASSOCIATES Software IT Operating
195091 370 DISCOUNT SCHOOL SUPPLY Operating Supplies Birthday Parties
195161 370 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store
195494 360 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center
195064 357 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin
195699 356 ZIEGLER INC Equipment Parts Fleet Operating
195717 356 WINE COMPANY,THE Transportation Den Road Liquor Store
195098 350 EDEN PRAIRIE CHAMBER OF COMMER Operating Supplies Fire
195355 350 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
195701 350 BOURGET IMPORTS Transportation Den Road Liquor Store
195629 339 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center
195296 338 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store
195200 336 SPORTS UNLIMITED Instructor Service CC-Camps
195166 333 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals
195167 325 MN CHIEFS OF POLICE Tuition Reimbursement/School Police
195384 324 RAY,LEE Other Contracted Services Basketball
195190 320 QWEST Telephone IT Telephone
195242 319 STREICHERS Operating Supplies Animal Control
195186 310 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
195568 310 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
195696 308 WREDE,JULIANE Other Contracted Services Basketball
195571 307 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store
195496 304 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
195233 300 HENNEPIN COUNTY TREASURER Licenses&Taxes Police
195339 300 LUSHINE,PEGGY E Other Contracted Services Winter Theatre
195489 300 GUARANTY COMMERCIAL TITLE INC Land Held for Resale Economic Development Fund
195294 299 FB LEOPOLD COMPANY INC,THE Equipment Parts Water Treatment Plant
195411 288 TROPICANA CHILLED DSD Merchandise for Resale Concessions
195624 287 MIDAS Equipment Repair&Maint Fleet Operating
195405 286 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
195209 280 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
195128 276 HOLMES,TOM Other Contracted Services Volleyball
195149 276 LORENSON,JEFFREY Other Contracted Services Softball
195198 275 SNEEN,NICOLE D Other Contracted Services Broomball
195679 272 UNITED WAY United Way Withheld General Fund
195705 270 GETTMAN COMPANY Misc Taxable Den Road Liquor Store
195557 270 EMPLOYERS ASSOCIATION INC Other Contracted Services Organizational Services
195246 265 AFFILIATED EMERGENCY VETERINAR Canine Supplies Police
195086 261 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service
195710 261 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
195196 257 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
195626 256 MIDWEST LOCK&SAFE Contract Svcs-Security Community Center Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195595 255 JEFFERSON FIRE&SAFETY INC Operating Supplies Fire
195585 250 HESBY,BRANDON Protective Clothing Fire
195677 250 TRUTWIN,JOSHUA Protective Clothing Fire
195346 249 MENARDS Repair&Maint.Supplies Fire
195127 248 HOHENSTEINS INC Beer Den Road Liquor Store
195117 245 GTS Conference Expense City Clerk
195381 241 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
195608 236 LEXISNEXIS Other Contracted Services Police
195514 235 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Operating
195684 235 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
195108 223 GE CAPITAL Other Rentals Customer Service
195121 223 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications
195647 216 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance
195250 216 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
195426 215 WERNER ELECTRIC SUPPLY CO. Equipment Parts Water Treatment Plant
195518 213 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
195563 210 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
195416 210 UNITED RADIO INC. Equipment Parts Fleet Operating
195111 209 GRAINGER Supplies-HVAC Community Center Maintenance
195540 208 CHOICE INC Other Contracted Services Prairie Village Liquor Store
195147 208 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store
195083 205 COMPAR INC Other Hardware IT Operating
195616 204 MCNEILUS STEEL INC Repair&Maint.Supplies Sewer System Maintenance
195159 204 MENARDS Equipment Parts Fleet Operating
195239 200 SCOTT COUNTY Licenses&Taxes Police
195272 200 CARVER COUNTY TREASURER Dues&Subscriptions Police
195658 200 SCOTT COUNTY Operating Supplies Police
195683 200 VADLAPUDI,SHIVARANJAN Accounts Receivable Community Center Admin
195345 199 MEDICINE LAKE TOURS Program Fee Trips
195284 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating
195465 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities
195544 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
195685 196 VAN PAPER COMPANY Cleaning Supplies Outdoor Center Facilities
195502 194 ANCHOR PRINTING COMPANY Printing Police
195291 192 ELIASON,STEVE J Other Contracted Services Basketball
195148 191 LIONS TAP Operating Supplies Fire
195178 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions
195058 188 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
195334 187 LANO EQUIPMENT INC Equipment Parts Fleet Operating
195617 187 MEDTOX Employment Support Test Organizational Services
195104 184 FORDAHL,TAMARA Other Contracted Services Volleyball
195664 184 SIVERSON,JILL R Other Contracted Services Basketball
195154 180 MAGC Dues&Subscriptions Communications
195413 180 TWIN CITY AREA LABOR MGMT COUN Conference Expense Park Maintenance
195541 180 CITY ENGINEERS ASSOC OF MINNES Dues&Subscriptions Engineering
195667 180 SQUARE CUT Other Contracted Services Senior Center Administration
195238 177 PRAIRIEVIEW RETAIL LLC Gas Prairie View Liquor Store
195641 177 NUCO2 INC Repair&Maint.Supplies Pool Maintenance
195282 177 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating
195061 177 AIM ELECTRONICS Contract Svcs-Ice Rink Ice Arena Maintenance
195584 175 HENRY,PAUL Other Contracted Services Broomball
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195536 174 CATCO PARTS SERVICE Equipment Parts Fleet Operating
195320 172 JANEX INC Supplies-General Bldg City Hall-CAM
195600 172 KERNS,LORI Awards Organizational Services
195059 170 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
195135 170 JOHN DEERE LANDSCAPES/LESCO Supplies-Snow Removal Community Center Maintenance
195365 170 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration
195688 170 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
195203 170 STREICHERS Clothing&Uniforms Animal Control
195081 167 CHOICE INC Other Contracted Services Prairie Village Liquor Store
195327 163 KEEPERS Clothing&Uniforms Reserves
195567 162 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store
195659 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
195634 158 MOTOROLA Equipment Repair&Maint Public Safety Communications
195631 151 MINNESOTA WANNER COMPANY Machinery&Equipment Snow&Ice Control
195170 150 NATIONAL TACTICAL OFFICERS ASS Dues&Subscriptions Police
195318 150 JAMES,ANTHONY Refunds Environmental Education
195613 150 MAIER,NATHAN Employment Support Test Fire
195412 148 TRUE FABRICATIONS Transportation Den Road Liquor Store
195351 146 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
195145 144 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating
195632 144 MN NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund
195533 141 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations-General
195675 140 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store
195425 139 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
195164 139 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
195503 139 ANDERSON,JUSTIN Training Supplies Fire
195686 138 VESSCO INC Equipment Parts Water Treatment Plant
195065 138 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
195163 137 MINNESOTA CITY/COUNTY MANAGEME Dues&Subscriptions Administration
195114 136 GRAYBAR Supplies-Electrical City Hall-CAM
195549 135 DANIMAL DISTRIBUTING INC Beer Prairie Village Liquor Store
195353 135 MINNESOTA CONWAY Safety Supplies Fleet Operating
195562 134 FIRE SAFETY USA INC Small Tools Fire
195715 134 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
195237 133 PHAN,VINH Accounts Receivable Community Center Admin
195493 129 US POSTMASTER Postage Senior Center Administration
195116 129 GS DIRECT Operating Supplies Engineering
195123 126 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating
195143 125 LEAGUE OF MINNESOTA CITIES Workers Comp Insurance Workers Comp Insurance
195144 125 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
195572 121 GRAYBAR Supplies-General Bldg City Hall-CAM
195674 120 TOM'S WINDOW CLEANING Window Cleaning Den Bldg.-Direct
195153 120 MACQUEEN EQUIPMENT INC Conference Expense Engineering
195306 120 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
195702 120 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store
195260 118 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
195331 117 LAB SAFETY SUPPLY INC Supplies-Fire/Life/Safety City Center Operations
195620 116 METRO FIRE Protective Clothing Fire
195612 115 M&I SUPPLY CO Operating Supplies Park Maintenance
195594 114 JASON'S DELI Operating Supplies Reserves
195378 114 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195422 114 VINOCOPIA Transportation Den Road Liquor Store
195249 111 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Community Center Admin
195522 111 BOLD,PAULINE Instructor Service Outdoor Center
195347 111 MESSER,BRANDON Mileage&Parking Skating Rinks/Warming Houses
195172 108 NORTHSTAR MUDJACKING SPECIALIS Deposits Escrow
195394 107 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
195501 106 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store
195229 105 Z WINES USA LLC Transportation Den Road Liquor Store
195543 103 COMCAST Wireless Subscription IT Operating
195070 100 BANK BEER CO Beer Prairie View Liquor Store
195078 100 CARLTON,STEPHEN Refunds Environmental Education
195089 100 DEPARTMENT OF LABOR AND INDUST Contract Svcs-Elevator Senior Center
195096 100 DORAN,FRED&CONNIE Refunds Environmental Education
195097 100 DRYER,DAN Refunds Environmental Education
195122 100 HENNEPIN COUNTY TREASURER Dues&Subscriptions Police
195157 100 MCDONALD,BRITTANY Refunds Environmental Education
195175 100 ODUM,JAMES&LINDA Refunds Environmental Education
195217 100 WEGEHAUPT,MARY Refunds Environmental Education
195226 100 WOLBERS,SCOTT Refunds Environmental Education
195258 100 BANK BEER CO Beer Den Road Liquor Store
195267 100 BRANDT,CHRIS&DEB Refunds Environmental Education
195268 100 BRAUN,JEAN Refunds Environmental Education
195273 100 CASANOVA,MICHAEL Refunds Environmental Education
195278 100 COLEBROOKE,NINA Refunds Environmental Education
195310 100 HAYEN,LINDA Other Contracted Services Winter Theatre
195368 100 PARGAL,SHRAVAN Refunds Environmental Education
195379 100 PUCHALSKI,MARY Instructor Service Arts Center
195387 100 RICHTOR,SUSAN&DAVID Refunds Environmental Education
195400 100 SPINNER,KATHY Refunds Environmental Education
195469 100 HENNEPIN COUNTY FIRE CHIEF ASS Dues&Subscriptions Fire
195510 100 BANK BEER CO Beer Prairie View Liquor Store
195524 100 BORDEN,DAVID Refunds Environmental Education
195527 100 BOYD,JOHN Refunds Environmental Education
195532 100 BUSCH,ROBERT Refunds Environmental Education
195534 100 CAREW,EDWARD Refunds Environmental Education
195576 100 HANCOCK,MARY Refunds Environmental Education
195689 100 WHITE,HARLAN Refunds Environmental Education
195697 100 WYLIE,RICHARD Refunds Environmental Education
195281 98 CROWN MARKING INC Office Supplies Police
195219 98 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
195259 96 BATTERIES PLUS Supplies-Fire/Life/Safety City Hall-CAM
195657 96 SCHIPULL,JEFF Other Contracted Services Basketball
195211 95 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating
195308 92 HANSEN,BRAD Other Contracted Services Volleyball
195491 90 MCPA Dues&Subscriptions Police
195299 88 G&K SERVICES Clothing&Uniforms Street Maintenance
3747 88 VANCO SERVICES Miscellaneous Community Center Admin
195508 87 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Operating
195090 85 DIRECTV Cable TV Community Center Admin
195607 85 LAURSEN PIANO SERVICE Equipment Repair&Maint Senior Center Administration
195255 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195342 80 MANTHENA,RADHA&SUNEEL Deposits Community Center Admin
195354 80 MINNESOTA DEPT OF AGRICULTURE Lime Residual Removal Water Treatment Plant
195100 79 FASTENAL COMPANY Equipment Parts Fleet Operating
195551 78 DEZENSKI,JEFFREY Operating Supplies Fire
195210 77 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
195103 76 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
195177 75 OSEKOWSKY,JAMES&BEVERLY Refunds Environmental Education
195601 75 KINZEL,GREG Training Supplies Fire
195706 74 GRAPE BEGINNINGS Transportation Den Road Liquor Store
195068 74 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating
195197 74 SJOBERG,GABRIELLE Mileage&Parking Skating Rinks/Warming Houses
195471 73 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
195386 73 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
195330 72 KRAEMERS HARDWARE INC Supplies-General Bldg Outdoor Center Facilities
195393 72 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
195194 72 SCHIPULL,JEFF Other Contracted Services Basketball
195611 72 LUX,PAUL Accounts Receivable Community Center Admin
195169 66 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
195106 64 FSH COMMUNICATIONS LLC Telephone Round Lake
195472 64 JANEX INC Cleaning Supplies City Center Operations
195546 62 CULLIGAN BOTTLED WATER Operating Supplies Fire
195141 62 KRAEMERS HARDWARE INC Supplies-Security Community Center Maintenance
195262 60 BEN MEADOWS Clothing&Uniforms Water Treatment Plant
195234 59 HUHLBAUER,AMANDA Accounts Receivable Community Center Admin
195588 58 HUETHER,KRIS Accounts Receivable Community Center Admin
195671 57 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
195316 55 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
195395 55 SHIFFLER EQUIPMENT SALES INC Supplies-General Bldg City Hall-CAM
195192 55 RUMFORD,JOAN Accounts Receivable Community Center Admin
195473 53 MAHMUTOVIC,DZEVAD Mileage&Parking General Community Center
195120 51 HD SUPPLY WATERWORKS LTD Equipment Parts Water Treatment Plant
195553 50 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
195088 50 DEINHART,GINA Refunds Environmental Education
195110 50 GLISCZINSKY,THOMAS&CHERYL Refunds Environmental Education
195150 50 LOYD,KELLY Refunds Environmental Education
195367 50 OFTELIE,STUART Refunds Environmental Education
195398 50 SNEEN,NICOLE D Other Contracted Services Broomball
195513 50 BARTNIK,JULENE Refunds Environmental Education
195516 50 BEHRENDT,MICHAEL Refunds Environmental Education
195535 50 CARLIN,JAMIE Refunds Environmental Education
195575 50 GUNKLER,MARY HELEN Refunds Environmental Education
195578 50 HARTMAN,JEAN Refunds Environmental Education
195590 50 IAPE Dues&Subscriptions Police
195627 50 MILLER,VELMA Refunds Environmental Education
195559 49 FAGNANT,SUSAN Instructor Service Outdoor Center
195545 49 CROWN MARKING INC Office Supplies Police
195109 49 GINA MAMAS INC Operating Supplies Reserves
195619 46 MERLINS ACE HARDWARE Machinery&Equipment Snow&Ice Control
195243 45 TUETKEN,SHOREY Accounts Receivable Community Center Admin
195704 45 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
195082 45 COMCAST Dues&Subscriptions City Council
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195396 44 SHRED-IT Waste Disposal City Center Operations
195570 42 GRAINGER Equipment Parts Fleet Operating
195656 40 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control
195251 40 ANDERSON,KENNETH Deposits Community Center Admin
195256 40 AXEN,ULRIKE Instructor Service Outdoor Center
195313 40 HICKMAN,JON Instructor Service Outdoor Center
195332 40 LAFFOND,JONATHAN&SHANNON Deposits Community Center Admin
195359 40 MN SOCIETY OF ARBORICULTURE Dues&Subscriptions Tree Disease
195391 40 SARLES,DONALD&KATHLEEN Deposits Community Center Admin
195388 38 RIDGEVIEW CLINICS Workers Comp Insurance Workers Comp Insurance
195602 38 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance
195468 38 G&K SERVICES Clothing&Uniforms General Community Center
195130 36 HUTCHINS,BRUCE Mileage&Parking Inspections-Administration
195548 35 DAMA-MP INC Supplies-Fire/Life/Safety Community Center Maintenance
195195 35 SEELYE Equipment Parts Water Treatment Plant
195648 34 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating
195662 32 SHRED-IT Office Supplies Community Center Admin
195725 31 UTING,NICOLE Deposits Escrow
195482 31 UPS Equipment Repair&Maint Water Metering
195515 31 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant
195653 31 QUICKSILVER EXPRESS COURIER Operating Supplies Planning
195481 30 UNITED FIREFIGHTERS ASSN Dues&Subscriptions Fire
195583 30 HENNEPIN COUNTY SHERIFFS OFFIC Tuition Reimbursement/School Reserves
195628 30 MINNESOTA CHAMBER OF COMMERCE Other Contracted Services Economic Development
195636 28 MURPHY,TRICIA Accounts Receivable Community Center Admin
195698 27 XCEL ENERGY Electric Flying Cloud Off Leash Park
195385 26 RDO EQUIPMENT CO Equipment Parts Fleet Operating
195105 26 FRONTIER PRECISION INC Operating Supplies Street Maintenance
195077 25 CAIRNCORSS,BLAKE Deposits Escrow
195208 25 TINKLENBERG,SCOTT Refunds Environmental Education
195289 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Assessing
195337 25 LOKKESMOE,BRANDI Refunds Environmental Education
195665 24 SNAP-ON TOOLS Small Tools Fleet Operating
195507 24 AT&T MOBILITY Pager&Cell Phone Park Maintenance
195492 23 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating
195189 22 QUICKSILVER EXPRESS COURIER Operating Supplies Planning
195681 20 UPS Postage Utility Operations-General
195236 20 MONTGOMERY,NICHOLAS Accounts Receivable Community Center Admin
195247 20 AGRAWAL-RATERIA,ANAND Deposits Community Center Admin
195252 20 ARLAND,WILLIAM Deposits Community Center Admin
195264 20 BLACK,MARVIN Deposits Community Center Admin
195269 20 BROWN,DONALD Deposits Community Center Admin
195270 20 CAHILL,DOROTHY Deposits Community Center Admin
195285 20 DILLEY,CHUCK Deposits Community Center Admin
195328 20 KINNANE,VALERIE Deposits Community Center Admin
195329 20 KOCH,KAREN Deposits Community Center Admin
195333 20 LAMMERS,ELIZABETH Deposits Community Center Admin
195335 20 LARSON,ARVID Deposits Community Center Admin
195338 20 LUNDER,JENNIFER Deposits Community Center Admin
195341 20 MAHJU,DEEPIKA Deposits Community Center Admin
195343 20 MARIOTTI,DONALD Deposits Community Center Admin
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
195352 20 MILLER,JAMES W. Deposits Community Center Admin
195363 20 NELSON,STEVE Deposits Community Center Admin
195390 20 SACKETT,MARLIN Deposits Community Center Admin
195420 20 VAGO,RENAE Deposits Community Center Admin
195555 20 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Community Development Admin.
195107 18 G&K SERVICES Clothing&Uniforms Utility Operations-General
195185 18 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
195646 17 POMP'S TIRE SERVICE INC Tires Fleet Operating
195254 17 ASPEN MILLS Clothing&Uniforms Police
195160 17 MERLINS ACE HARDWARE Equipment Parts Snow&Ice Control
195521 16 BLOOMBERG,JANE Accounts Receivable Community Center Admin
195463 14 CUB FOODS EDEN PRAIRIE Operating Supplies Emergency Preparedness
195176 12 OFFICE DEPOT CREDIT PLAN Office Supplies Fire
195520 10 BHASKAR,BISNA Accounts Receivable Community Center Admin
195630 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
195618 9 MENARDS Building Materials Street Maintenance
195231 9 CARLSON,TRISHA Accounts Receivable Community Center Admin
195418 9 UPS Equipment Repair&Maint Public Safety Communications
195322 9 JOHN DEERE LANDSCAPES/LESCO Equipment Parts Park Maintenance
195642 8 PARDO,NICOLE Accounts Receivable Community Center Admin
195071 7 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant
195191 6 RDO EQUIPMENT CO Equipment Parts Fleet Operating
195560 3 FASTENAL COMPANY Operating Supplies Park Maintenance
195131 1 J H LARSON COMPANY Supplies-Electrical City Hall-CAM
3,997,575 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A.
City Council 2010 City Commission Appointments
Requested Action
Move to: Appoint to the Arts & Culture Commission:
Tonja Bivins and Gina King—Terms to expire March 31, 2013.
Move to: Appoint to the Conservation Commission:
Laura Jester, Greg Olson and Prashant Shrikhande—Terms to expire March 31, 2013.
Move to: Appoint to the Heritage Preservation Commission:
Matthew Fyten, Jeffrey Lawler and Mark McPherson—Terms to expire March 31, 2013.
Move to: Appoint to the Human Rights and Diversity Commission:
Robert Rozanski, Gayle Sanders and Pamela Spera—Terms to expire March 31, 2013.
Move to: Appoint to the Parks, Recreation and Natural Resources Commission:
Tom Bierman, Larry Link and Joan Oko —Terms to expire March 31, 2013.
Move to: Appoint to the Planning Commission:
Kevin Schultz—Term to expire March 31, 2013.
Synopsis
The City Council hosted Commission interviews on Tuesday, February 23, 2010. Overall, there were 21
applicants (13 new applicants and 8 reapplicants).
Fifteen candidates are being designated for Commission appointments on March 9, 2010; eight appointed
for the first time, and seven reappointments. All terms of appointment are scheduled to begin on April 1,
20010. A required City Commission Orientation session will be held on Thursday, March 25, 2010, for
all new and re-appointed Commission members in advance of the April 1 start date for Commission
terms.
CITY COUNCIL AGENDA DATE:
March 1, 2010
SECTION: Appointments
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.B.
City Council Appointments to 2010 Board of Appeal and
Equalization(BAE)
Requested Action
Move to: Appoint to the Board of Appeal and Equalization Brian Duoos,Jim Johnson,Lyndon
Moquist,Annette O'Connor,and Patricia Pidcock for the period of April 1,2010
through May 31,2010,or until the Board of Appeal and Equalization completes its work.
Synopsis
The proposed members for Council approval are experienced real estate professionals with extensive
knowledge of the Southwest metro area.
Brian Duoos of Edina Realty is involved in the sale of single family properties in the southwest metro
area.
Jim Johnson of The Realty House is involved in the sale of single family properties in the southwest
metro.
Lyndon Moquist of Edina Realty is involved in the sale of single family properties in the southwest
metro.
Annette O'Connor of Coldwell Banker Burnet Realty is involved in the sale of single family
properties in the southwest metro area.
Patricia Pidcock of Edina Realty is involved in the sale of single family properties in the southwest
metro area and a former member of the City of Eden Prairie City Council.
Background
From 1992 through 2009,the City has appointed a special Board of Appeal and Equalization(also
formerly named the Board of Review). The members are citizen volunteers that are active and
knowledgeable,with extensive experience in the real estate market. The members are recruited by the
City Manager and City Assessor and appointed annually with confirmation by the City Council. The
City pays the members a per diem payment of$50 for all required training sessions and Board
meetings.
In 2003,the Minnesota legislature passed a law requiring members of local Boards of Appeal and
Equalization to attend a training session, developed by the Minnesota Department of Revenue, at least
once every four years. All of the appointees were trained by the Minnesota Department of Revenue
staff on March 25,2009 and their training expires on November 30,2012.
CITY COUNCIL AGENDA DATE:
SECTION: Appointments March 9, 2010
DEPARTMENT/ ITEM DESCRIPTION: ITEM NO.: XIII.C.
DIVISION: 2010 Appointments of Chairs and Vice Chairs to
City Council City Commissions
Requested Action
Move to: Appoint Ann Rorem - Chair and Farida Kathawalla - Vice Chair of the Arts and Culture
Commission.
Move to: Appoint Laura Jester- Chair and Greg Olson -Vice Chair of the Conservation
Commission.
Move to: Appoint Ann Higgins - Chair and Kathy Veurink-Vice Chair of the Heritage Preservation
Commission.
Move to: Appoint Pamela Spera - Chair and Marcy Harris - Vice Chair of the Human Rights and
Diversity Commission
Move to: Appoint Geri Napuck- Chair and Hutch Coburn -Vice Chair of the Parks, Recreation and
Natural Resources Commission.
Move to: Appoint Jon Stoltz - Chair and Kevin Schultz-Vice Chair of the Planning Commission.
Move to: Appoint - Chair and - Vice Chair of the Flying Cloud
Airport Advisory Commission
Background
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Tuesday, February
23, 2010, and determined Chair and Vice Chair assignments for the period of April 1, 2010, through
March 31, 2011 at this time.
City Code Section 2.22, Subd. 5 Officers states, if applicable, "the Council shall in March each year
choose a chairperson and vice-chairperson for a Board or Commission to serve for a period of one year."
To be eligible for consideration, City Code states, "a chairperson must have served one year on the
Board or Commission before becoming eligible for appointment as a chairperson."
CITY COUNCIL AGENDA DATE:
March 1, 2010
SECTION: Appointments
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.D.
City Council Appointments of Chair and Vice-Chair to
the Board of Appeal and Equalization
Requested Action
Move to: Appoint Patricia Pidcock—Chair and Brian Duoos—Vice-Chair of the Board of
Appeal and Equalization.
Synopsis
Chairs and Vice-Chairs are appointed annually by the City Council following the appointment
of members to City Boards and Commissions.
City Code Section 2.22, Subd. 5 Officers states, "the Council shall in March each year choose
a chairperson ad vice-chairperson for a Board or Commission to serve for a period of one
year." To be eligible for consideration, City Code states, "a chairperson must have served one
year on the Board or Commission before becoming eligible for appointment as a chairperson."
CITY COUNCIL AGENDA DATE:
SECTION: Reports of the City Manager March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1.
Scott H. Neal, City Manager Cummins-Grill Homestead Lease
Requested Action
Move to: Move to approve a lease agreement with the Eden Prairie Historical Society for the
Cummins-Grill Homestead property.
Synopsis
At the July 21, 2009, Council Workshop, the Council gave direction to City staff to enter into a
dialogue with the Eden Prairie Historical Society(EPHS) regarding the future of the Cummins-
Grill Homestead(CGH). That dialogue evolved into a discussion about the prospect of the City
leasing the CGH property to the EPHS. That discussion evolved into a lease negotiation process
that produced the lease agreement that you will consider approving at your March 9, 2010,
Council meeting.
The proposed lease agreement seeks to change the relationship between the City and the EPHS
regarding the management of the CGH. Currently, the City is responsible for capital
improvements and normal maintenance of the CGH building and property. The City is also
responsible for programming the building. The EPHS uses the CGH facility for occasional
meetings and assists the City with some programming.
The City's priority for making capital improvements to the building and creating programming
for the property is clearly lower than what the EPHS would like it to be. This can put us into
conflict with the EPHS over the care and use of the property. The lease agreement addresses this
issue by changing the roles and responsibilities of the City and the EPHS at the CGH. For
example, the EPHS will assume the responsibility for programming, including promotion and
marketing, for the CGH. The City will continue to coordinate with the EPHS about
programming the site, but the lease provides final authority on programming to the EPHS.
The agreement also changes the responsibility for normal maintenance of the CGH. The CGH
will remain public property under the proposed lease, but normal daily maintenance duties will
be assumed by the EPHS. The City will provide maintenance tools and materials, but the EPHS
will be responsible for implementation. The lease requires the City to maintain the foundation,
slab, exterior walls and roof and to provide basic utilities to the property to insure that it does not
degrade, which is a federal historic preservation requirement the City cannot transfer to a third
party.
Perhaps the most significant change in roles is in the area of capital improvements. The lease
provides authority for the EPHS to seek and fund capital improvements to the CGH,provided the
improvements meet the historic preservation guidelines for the CGH and they are approved by
the City. This change of role is intended to empower the EPHS to seek grants and raise private
funds for improvements they desire for the CGH.
The proposed lease agreement requires the EPHS to provide reasonable public access to the
CGH; to care for the property in a manner that is consistent with national, state and local historic
preservation guidelines; to provide for their own property and casualty insurance for their own
property inside the CGH; and to consult with the City before making physical changes to the
property. The proposed lease allows the EPHS to rent the facility to private parties for meetings
and events. The lease also allows the EPHS to sublease a portion of the CGH. Both of these
provisions are designed as means for the EPHS to generate income that they will use to maintain
the CGH. The lease does not include the out-buildings around the CGH or much of the
landscape surrounding the building itself.
Leasing the CGH property to the EPHS is only one among many alternatives available to the
City. Other alternatives include:
1. Commercial Adaptive Reuse—The Council received a report in 2009 which provided
options for a commercial adaptive reuse of the property. The Council could direct staff to
pursue the recommendations of that report.
2. City Investment& Development—The City could initiate a greater investment of
financial resources into the full development and programming of CGH as a non-
commercial property, perhaps as museum or public meeting facility.
3. Minimal Maintenance—The City could provide the minimal amount of maintenance
required to keep the CGH compliant with building and preservation codes.
The effort to study the adaptive reuse of the CGH that culminated in the 2009 report was one that
envisioned development and preservation of the property with a combination of City and Non-
City resources. The Non-City resources were anticipated to be private gifts, investor funds and
grants. I believe the strong preference of the Council in 2009, as it may still be today, was that
Non-City dollars be the largest share of any adaptive reuse of the property.
The City does not have funds programmed for the improvements that would be required to the
CGH to adapt it into the museum or public meeting facility. The City has access to grant funds
and private gift funds that could fund these improvements, but the costs of these improvements
would be substantial.
The minimal maintenance option is not a cost-free option for the City. Even if the City does
nothing with the CGH, the City is still bound to maintain the physical integrity of the house and
to insure that it does not degrade from lack of basic maintenance.
Attachments
Lease
Minutes of the July 21, 2009, Council Workshop
LEASE
AGREEMENT
FOR USE AND IMPROVEMENT OF THE CUMMINS-GRILL HOUSE
This Lease Agreement is a made as of the day of March , 2010 by and between City
of Eden Prairie, a municipal corporation under the laws of the State of Minnesota ("City"), and
Eden Prairie Historical Society, a non-profit corporation organized under and pursuant to
Minnesota Statutes, Chapter 317, and presently governed by Minnesota Statutes, Chapter 317A
("EPHS").
WHEREAS it is the goal of this Lease Agreement to provide community use of the Cummins-
Grill House (House) and Grounds (collectively referred to herein as CGH) located at 13600
Pioneer Trail, Eden Prairie, Minnesota and to protect and preserve the historic integrity of the
CGH through this Lease Agreement between the City of Eden Prairie and the Eden Prairie
Historical Society. The Grounds are identified on the attached Exhibit A.
WHEREAS EPHS was designated by City in Resolution 977 as the official body for City for the
purpose of collecting historical information and artifacts and the dissemination and publication of
historical information relating to the history and development of Eden Prairie.
WHEREAS the CGH was added to the National Registers of Historic Places in 1982.
WHEREAS City and EPHS desire to enter into this Lease Agreement whereby EPHS leases the
CGH from City for the purpose of maintaining public access to the CGH through historically
related programming and educational tours and for other events sponsored by the EPHS.
NOW THEREFORE, the parties mutually agree:
1. Term; Rent. City hereby leases CGH for a term of ten (10) years commencing on
, 2010, and terminating on , 2020 unless extended or sooner
terminated as hereinafter provided. EPHS shall pay to City as and for Base Rent for
the CGH annual rental of$1.00 per year. Said annual rental shall be paid in advance
on the first day of each year during the term of this Agreement at the
address of the City as hereinafter set forth or such other place as the City may, from
time to time, designate in writing, commencing on the 1st day of , 2010. All
other obligations of EPHS hereunder shall be paid in addition to the rental established
by this section.
2. Use of CGH.
a. Subject subparagraph 2 (b), EPHS may use the CGH for the purpose of
maintaining public access to the CGH through historically related programming
and educational tours and other events sponsored by the EPHS. EPHS use of the
CGH shall at all times be consistent with and in support of the historical nature of
the CGH. The EPHS will provide all programming supplies for programs under
its direction or the direction of others, including tools and amenities such as food
preparation equipment, cleaning supplies, brooms, pitchers, coffee makers, etc.
The EPHS shall control catering and food use inside the CGH. The EPHS may
enter into agreements with other persons or entities for the use of the CGH
provided such use is in furtherance of the EPHS's purpose of maintaining public
access to the CGH through historically related programming and educational
tours. Subject to written approval of City, which approval is within the sole
discretion of City, EPHS may rent the CGH for special events such as private
meetings or social gatherings so long as the rental income derived by EPHS is
used to support the operations and programs of the EPHS. EPHS shall not
perform any acts or carry on any practices which may injure the CGH. No event
shall be held by or through EPHS at which it is anticipated that more than 30
people will attend on a date on which City has scheduled an event at the Staring
Lake Park without prior written permission from City.
b. The area of the Grounds available for use by EPHS pursuant to this Lease is
identified on Exhibit A. The outbuildings are not included in the area available
for use by the EPHH. The Grounds are subject to management by City pursuant
to that certain Cultural Landscape Management Plan dated 2009, as the same may
be amended from time to time. The EPHS's use of the Grounds shall not damage
or interfere with the development or establishment of the Cultural Landscape
Management Plan. No personal property shall be stored or placed on the Grounds
without the prior written consent of City.
3. Promotion and Marketing: EPHS will comply with all city, state and federal laws,
codes and ordinances when displaying or distributing marketing and promotional
materials. EPHS will be responsible for the design and production of promotional and
marketing materials. City may display EPHS promotional materials where possible
and appropriate. EPHS will provide program information to the City for possible
inclusion in City produced and distributed promotional materials.
4. Exclusive Lease: This lease to EPHS is exclusive. EPHS will control access to and
use of the CGH subject to the terms of paragraph 14 hereof.
5. Building Contents: EPHS shall provide all furniture, fixtures, interior finishing items
and equipment in the CGH.
6. Insurance: City shall, subject to the consent of its insurer, continue to list the CGH in
its "Schedule of Covered Property" on its Comprehensive Municipal Property and
Casualty Coverage insurance policy. City shall also request that its insurer adds
EPHS, its members, officers, and volunteers as either an additional insured or confirm
that they are a "covered party" under its Comprehensive Municipal Coverage. EPHS
shall name City as an additional insured on any property and casualty coverage and
comprehensive liability insurance policy it obtains.
7. Alteration or Improvement of CGH. EPHS may not alter, renovate or improve the
CGH without the prior written consent of City. All alterations, renovations or
improvements shall be made under the direct supervision and control of City. Any
alterations, additions and improvements which may be made or installed by the EPHS
shall remain upon the CGH and at the termination of this Lease shall be surrendered
with the CGH as a part thereof EPHS will finance and pay for capital improvements
to the CGH which are compliant with standards for treatment of historic properties
adopted by the U.S. Department of Interior codified in 36 CFR Part 68, as may be
amended from time to time. City will cooperate with EPHS on approved capital
improvement projects desired by EPHS, but City will not be required to contribute
monetarily to such improvement projects. EPHS agrees it will during the time any
alterations, renovations or improvements are being made to the CGH: (i) carry or
cause the contractor performing such alterations or improvements to carry public
liability insurance in an amount no less than $1,000,000 per occurrence and
$2,000,000 in the aggregate and (ii) comply with Minnesota's Workers'
Compensation laws regulations and rules, including Minnesota Statutes Chapter 176.
EHPS will indemnify and save City harmless from any and all liens for labor,
materials and supplies which may arise by reason of any alterations or improvements
made by or at the request or on behalf of.EPHS.
8. Maintenance, Repair, Replacement. The City will maintain the foundation, slab,
exterior walls, roof, downspouts and gutters and structural elements of CGH in good
repair, ordinary wear and tear excepted, and compliant with local building and
occupancy codes, consistent with property management practices for other City
owned historic buildings. CGH shall maintain all other elements of the CGH. The
City will provide housekeeping custodial supplies to the CGH. EPHS will provide
light maintenance and custodial duties in CGH.
9. Utilities and Services: The City will provide the CGH with lawn care, snow removal,
landscaping and utilities services (water, sewer, electricity, trash collection &
disposal, natural gas, telephone, interne) at no cost to EPHS, as long as those utilities
are extended to the property. Landscaping shall be performed pursuant to the City's
Cultural Landscape Management Plan on file in the office of the Director of Parks
and Recreation. City shall not be liable in damages or otherwise for failure to furnish
such services where failure or interruption is due to causes beyond City's reasonable
control.
10. Surrender and Termination. On the last day of the term of this Lease or on the sooner
termination hereof, the EPHS shall peaceably surrender the CGH in good condition
and repair, ordinary wear and tear excepted, consistent with the EPHS's duties to
make repairs as provided in Section 8 hereof.
11. Eminent Domain. If the whole or any part of the leased CGH shall be taken by any
public authority under the power of eminent domain, or is sold to any entity having
the power of eminent domain under threat of condemnation, then the term of this
Lease shall cease on the date possession shall be required for any public purpose.
12. Fire or Other Casualty. If the CGH is wholly or partly destroyed or damaged by fire
or other casualty, the EPHS shall have the right to terminate this Lease, provided it
given written notice thereof to the City within ninety(90) days after such destruction.
13. Default. If the EPHS shall default in the payment of any installment of Base or
Additional Rent, or in the observance or performance of any of EPHS's other
covenants, agreements or obligations hereunder, more than thirty (30) days after
forwarding written notice of such default to EPHS, in the manner provided for herein,
if such default shall not have been cured by EPHS, City shall have the right, upon the
expiration of fifteen (15) days after written notice of such intent is given to EPHS, to
(i) terminate this Lease, in which event the Term hereof shall expire and terminate
with the same force and effect as though the date set forth in said notice were the date
originally set forth herein and fixed for the expiration of the Term, and/or(ii)re-enter
the CGH and remove all persons and property therefrom and have, regain, repossess
and enjoy the CGH, anything herein to the contrary notwithstanding, and EPHS
hereby expressly waives the service of any additional notice in writing of intention to
reenter as aforesaid, and also all rights to restoration to possession of the CGH after
reentry or after judgment for possession thereof. In case of any such termination,
EPHS will indemnify City against all loss for rents, storage costs for EPHS property
removed from the CGH and other damages which it may incur by reason of such
termination during the residue of the term of this Lease, and also against all fees and
disbursements of counsel incurred in enforcing any of the terms of this Lease.
14. City Access to CGH. City reserves the right to enter the CGH upon reasonable notice
for the purpose of assuring compliance by EPHS of all of the terms and provisions
herein contained or for the purpose of exercising rights of City otherwise provided by
law.
15. Assignment or Subleasing. Except as allowed in paragraph 2 EPHS may not sublease
the CGH or assign this Lease without the prior written consent of City provided
however in the event City grants its consent, no such subletting or assignment shall
relieve the EPHS of its duties and obligations hereunder.
16. Renewal. This Lease shall not automatically renew. Prior to the expiration of this
Lease City and EHPS may enter into an agreement for renewal of this Lease upon
such same terms and conditions are agreed to at the time.
17. Subordination. The EPHS agrees that at City's election this Lease shall be
subordinate to any indenture, land lease, mortgages or trust deeds, or other form of
security encumbrance now on or placed on the CGH and to any and all advances to be
made thereunder, and to the interests thereon, and all renewals, replacements, and
extensions thereof. The EPHS hereby appoints the City as its attorney-in-fact to
execute such documents as may be required to accomplish such subordination.
18. Amendment, Modification, or Waiver. No amendment, modification, or wavier of
any condition, provision or term of this Lease shall be valid or of any effect unless
made in writing, signed by the party or parties to be bound or by its duly authorized
representative, and specifying with particularity the extent and nature of such
amendment, modification, or waiver. Any waiver by any party of any default or
another party shall not affect or impair any right arising from any subsequent default.
19. Severable Provision. Each provision, section, sentence, clause, phrase, and word of
this Lease is intended to be severable. If any provision, section, sentence, clause,
phrase or work hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this Lease.
20. Entire Agreement. This Lease contains the entire understanding of the parties hereto
with respect to the transactions contemplated hereby and supersedes all prior
agreements and understandings between the parties with respect to such subject
matter. No representations, warranties, undertakings, or promises, whether oral,
implied, written, or otherwise, have been made by either party hereto to the other
unless expressly stated in this Lease or unless mutually agreed to in writing between
the parties hereto after the date hereof, and neither party has relied on any verbal
representations, agreements, or understandings not expressly set forth herein.
21. Captions, Headings or Titles. All captions, headings, or titles in the sections of this
Lease are inserted for convenience or reference only and shall not constitute a part of
this Lease as a limitation of the scope of the particular sections to which they apply.
22. Governing Law. This Lease shall be construed and enforced in accordance with the
laws of the State of Minnesota.
23. Force Majeure. If the EPHS or City shall be delayed, or hindered, or prevented from
the performance of any act required hereunder by reason of riots, insurrection, war, or
acts of God, then performance of the act shall be excused for the period of delay, and
the period for performance shall be extended for a period equivalent to the period of
delay.
24. Notices. Every notice, approval, consent or other communication authorized or
required by this Lease, shall be effective if given in writing and sent by United States
registered or certified mail, return receipt requested, with postage pre-paid, and
addressed to City or EPHS at the following addresses or such other addresses as either
party may, from time to time, designate in writing. Any such notice shall be deemed
given as of the date of the postmark thereof.
If to City: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
If to EPHS: Eden Prairie Historical Society
Eden Prairie, MN 55344
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
CITY:
CITY OF EDEN PRAIRIE
By
Its Mayor
By
Its City Administrator
EPHS:
EDEN PRAIRIE HISTORICAL SOCIETY
By
Its
By
Its
P:\Home\1610.001-EP-Community Development-Planning-General\Historical Society Agreement 2009\Historical Society Lease Agreement
2010 03 03 revised by RFR.doc
Cummins/Grill Homestead
13600 Pioneer Trail
Exhibit A
-_..-
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9
APPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JULY 21, 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
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. JOINT MEETING WITH THE EDEN PRAIRIE HISTORICAL SOCIETY
A. Adaptive Use Study
City Manager Scott Neal reviewed the timeline for the Cummins House use study
and discussions. The Reuse Study began in December 2006 and the final report was
approved by the Heritage Preservation Commission in July 2007. The City Council
accepted the Reuse Study in July 2008. Possible uses for the house identified in the
study include hospice, office,residential and horticulture. In late 2008, the Eden
Prairie Historical Society approached the City Council about the possibility of
leasing the site or entering into a cooperative agreement with the City. At the May
19, 2009, Council meeting it was determined that a lease arrangement similar to the
one the City has with Camp Edenwood would not work for the Historical Society at
the Cummins House. The Historical Society requested tonight's workshop to present
a new proposal to partner with the City on renovation and programming the
Cummins House.
B. Current Operations and Capital Costs
Parks &Recreation Director Jay Lotthammer presented a breakdown of the City's
costs for upkeep of the house, which are expected to be just under$15,000 for 2009.
C. Current Programming
Lotthammer also reviewed current programming at the house, which includes Arts in
the Garden, Cummins House Christmas, Heirloom Plants in the Garden, and monthly
Historical Society Open Houses. Potential programs include Senior Teas and
Watercolor in the Garden art classes. Lotthammer reviewed the site plan that shows
how the Pioneer Trail,baseball field and parking location reconstruction projects
will impact the site.
City Council Workshop Minutes
July 21,2009
Page 2
D. Eden Prairie Historical Society Proposal
Kathie Case, President of the Historical Society, introduced her fellow board
members: Jan Mosman(Vice Presdient), Betsy Adams, Aubrey Hookum, Kim
Carlander, Reuel Long, Bob Pemberton and Arlene Marshall. She noted that Jim
Clark is also a board member, but was not able to attend the meeting.
Mosman distributed articles from the local newspaper about history-related activities
and letters from community members supporting the Cummins House. Case said
both Boy Scout and Girl Scout troops have donated time to upkeep of the site and
participate in events at the house. She said the house is also used for community
theatre productions and the peony garden is a local attraction.
Case said Mrs. Grill offered the home, which was built in 1879, to the City in the
1970s for use as a park. The site was added to the National Historic Registry in
1979. Volunteers have help restore much of the first floor of the house. Case said
the Historical Society is proposing the Cummins House be used as a multi-purpose
community space. She said the Historical Society is willing to help raise grants to
pay for restoration of the house. She said the Historical Society has a donor who is
willing to match grants,but there is a deadline by which the donor needs to know if
an agreement with the EPHS will be approved by the City.
Case said up to $22 million in Legacy Grant grant funds will become available for
projects like the Cummins House beginning in September. She said the EPHS needs
to know very soon whether or not the City supports their proposal. The Historical
Society has asked the Eden Prairie Foundation to act as their financial agent. Eden
Prairie Foundation President Nancy Tyra-Lukens said the foundation does not meet
in the summer, so they have not discussed the proposal yet. However, she said the
Foundation has supported the Historical Society and the Cummins House in the past
and she expects they will continue to do so. She said the house would be an ideal
meeting place for the Foundation Board.
Case said the EPHS does not believe in mothballing historic buildings. She said they
envision the Cummins House serving as a community meeting space, a possible
office space for the Eden Prairie Foundation and other non-profit organizations, and
a venue for expanded historic and recreational programming. She said the City
could also use it as a rental space for weddings and other events.
Case said the Historical Society is willing to coordinate restoration of the house and
oversee its use.
Restoration projects the Eden Prairie Historical Society would apply grant money
toward include:
• Extending electrical service to the second floor
• Adding sprinklers tthe building
• Enhancing accessibility
City Council Workshop Minutes
July 21,2009
Page 3
• Upgrading the flooring
• Replastering several rooms
Mosman said the home itself is very well built and most proposed improvements are
largely cosmetic.
E. Discussion
Mayor Young said he is unclear exactly what the Historical Society is asking for
asked who would be in charge of the site under their proposal. Case said the
Historical Society is proposing creation of a task force that would include City staff
members, Historical Society members, a Heritage Preservation Commission
member, and interested citizens. The task force would apply for grants, oversee
restoration and coordinate programming.
Young noted that this is not one of the uses recommended in the Reuse Study,but he
does not have a problem with that. Betsy Adams, the Heritage Preservation
Commission Representative on the Historical Society Board, said the Heritage
Preservation Commission has never endorsed sale of the house. She said she
considers the Reuse Study a safeguard that outlines acceptable uses in the event the
house is sold or leased at some future time. She said the Historical Society seeks to
add to what the City currently does at the house.
Mayor Young asked if the Historical Society is interested in buying the property.
Case said they are not interested in buying it. She said Historical Society bylaws
would not permit it. Mosman said the Historical Society needs the City as a partner
in order to obtain grants. She said the Historical Society has a donor who is willing
to provide matching funds under certain circumstances.
Case said they need to begin getting estimates very soon in order to apply for Legacy
Grant funds. She said the Historical Society is willing to clean the home and help
maintain the garden.
Council Member Aho asked who would manage the renovation projects. Case said
the Historical Society would manage the work in conjunction with the task force.
Council Member Nelson asked if the new parking lot would be adequate. Neal said
he believes it will be sufficient.
Council Member Case said for 33 years, City Councils have voted to buy,preserve
and support the Cummins House. He said the Historical Society Proposal shows a
way to keep the house open without burdening residents. He said the City needs a
group like the Historical Society to help leverage grants and donations.
Young said he would like to see the Historical Society achieve its goals without
tying up the time of two department directors and a facilities manager. He said he
favors ceding more control to the task force, rather than less.
City Council Workshop Minutes
July 21,2009
Page 4
Mosman said City staff would not actually be members of the task force,but would
be kept inform of activities. She said she has started drafting an agreement and
would like to work with the City on finalizing it.
Nelson asked if there is some action the Council can take tonight to show general
support of the Historical Society proposal so they can proceed with grant
applications that have a tight deadline. Mayor Young said he feels it is more
important to do this right rather than quickly. Neal said the City has agreements with
a variety of community organizations that could be used to help create an agreement
with the Historical Society.
Chamber
II. OPEN PODIUM
A. Nancy Arieta
1. Mulching Trees - Arieta suggested the City distribute information on proper
mulching of trees.
2. Greenery—Arieta said she likes the look of the tall grasses and vetch, and
encouraged the City to let more areas grow instead of mowing them.
3. Windsor Plaza—Arieta said the building is an eyesore and should not have
been approved by the Planning Commission and City Council.
4. Channel 16 Programming—Arieta complimented the Life on the Prairie show
on Channel 16.
5. LRT Planning—Arieta said she is surprised a station planning meeting is
scheduled when the final alignment has not yet been determined.
III. ADJOURNMENT
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Community Development Director
March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1.
Community Development/Planning Smith/Douglas/More House
Janet Jeremiah/Scott Kipp Conditional Use Permit& Lease
Amendments
Requested Action
Move to:
• Approve the Conditional Use Permit Amendment for the Smith Douglas More House; and
• Approve the Lease Amendment for Pure Grace, LLC
Synopsis
In June, 2002, the City Council approved a conditional use permit for the Smith Douglas More
House. The current permit only permits the sale of coffee and office use. Ann Schuster of Pure
Grace, LLC currently leases the building and would like to have additional uses permitted by
Conditional Use Permit. The uses were reviewed by the Heritage Preservation Commission and
are listed in the attached January 22, 2010, Planning Commission Staff Report. The uses have
been revised since the February 16th Council meeting to clarify allowable food/beverage sales,
reference beer/wine license requirements, and to allow acoustic outdoor music on the south
patio. The City Attorney has provided a memo outlining his legal opinion on potentially
restricting political activities on the property.
An amendment to the 2009 lease is also required to change the allowable uses to match the CUP
amendment. A Heritage Preservation Site Alteration Permit is not required.
Background Information
On February 16, 2010 the City Council held a public hearing for the Conditional Use Permit
Amendment. Discussion took place on adding live music as an outside use; whether campaign
signs/literature should be allowed on the property; and concerns regarding a farmers market. The
Council closed the public hearing and continued discussion on the Conditional Use Permit
Amendment to its March 9th meeting.
Ann Schuster also met with staff to clarify a few of the proposed uses. The following changes
have been made in the CUP and lease since February 16th:
• Language regarding the sale of food items currently available has been clarified. The
clarification will not change the intent of the proposed use.
• The sale of beer and wine will meet City license requirements.
• Live acoustic outdoor music will be allowed on the south side patio only. This is the staff
recommendation. Ms. Schuster would also like to continue having amplified music on the
patio, which would require a change to the attached CUP and lease amendments.
No reference to political activities is currently included in the CUP or lease amendment
language. Ms. Schuster has indicated that she currently does not allow political materials to be
left at the business. No changes have been made to the farmer's market language since February
16th.
An email sent from a resident concerning the CUP is attached. The City's zoning administrator
reviewed and responded to her issue.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval at its January 25, 2010 meeting of
the uses listed in the Planning Commission Report.
Attachments
1. City Attorney Memo Regarding Restricting Political Activity
2. Proposed Conditional Use Permit Amendment
3. Proposed Lease Amendment
4. Planning Commission Staff Report
5. Location Map
6. Land Use Map
7. Zoning Map
8. Aerial View Map
9. Planning Commission Minutes dated January 25, 2010
10. Conditional Use Permit 2002-01
11. Pure Grace Lease 2009
12. Email from local resident
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS AT LAW
650 THIRD AVENUE SOUTH
SUITE 1600
DAVID H.GREGERSON* MINNEAPOLIS,MINNESOTA 55402-4337 ROBERT I.LANG,OF COUNSEL
RICHARD F.ROSOW+ TELEPHONE:(612)338-0755 ROGER A.PAULY,OF COUNSEL
MARK J.JOHNSON FAX:(612)349-6718
JOSEPH A.NILAN*t *Also admitted in Wisconsin
SItRA B.GUNDERSON* W W W.GRJN.cOM f Also admitted in North Dakota
JENNIFER M.INZ +MSBA Board Certified Real Property Specialist
DANIEL R.GREGERSON
KRISTY L.WARNEN
JENNIFER M.SPALDING Writer's Direct Dial: 612-436-7477
DAVIS A.KESSLER Writer's E-mail: rrosow@grjn.com
JOSHUA A.DOROTHY
MEMORANDUM
To: City Council
From: Richard F. Rosow, City Attorney
Re: Political speech restriction in lease
Date: March 2, 2010
Government restrictions on speech are often subject to less-demanding review when the
government is acting merely as the proprietor of property rather than in a lawmaking function,
depending on the nature of the property. Intl Soc'y for Krishna Consciousness, Inc. v. Lee, 505
U.S. 672, 678 (1992). The government, like other property owners, has the power to preserve its
property for the use to which it is lawfully dedicated. Id. at 679-80. A public forum, to which
the highest scrutiny applies, is not created by government inaction or simply because members of
the public are permitted freely to visit the place. Id. at 680. Separation of a publicly owned
property from traditional public areas may indicate that the property is subject to greater
restriction than traditional public forums. Id.
Just because some private counterparts to the publicly owned facility have been open to
the prohibited speech does not mean that the publicly owned facility must be open to the speech.
Id. at 681 (discussing transportation centers). Government-owned property that serves a
fundamentally commercial purpose "must provide services attractive to the marketplace." Id. at
682. Nonpublic forums of this sort may be regulated in ways that are subject to mere
reasonableness scrutiny. Id. at 683.
Active solicitation or distribution of materials has a disruptive effect on commerce. Id. at
683-85. In environments where consumers are on tight schedules, they are less likely to
complain to managerial authorities of harassing, intimidating, or other unprincipled behavior. Id.
at 684. The solicitor or distributor, through his own conduct and through the foreseeable efforts
of those who wish to avoid him, will disrupt the flow of traffic through the commercial space.
Id. at 683-84.
GREGERSON, ROSOW, JOHNSON & NILAN, LTD.
March 5, 2010
Page 2
Even display advertising may be prohibited in a viewpoint-neutral manner. Lebron v.
Nat'l R.R. Passenger Corp., 69 F.3d 650 (2d Cir. 1995). In Lebron, the Second Circuit upheld
Amtrak's policy of permitting only commercial advertising on the largest display space in Penn
Central Station. Id. at 660. The court acknowledged that Amtrak likely found it "highly
advisable to avoid the criticism and embarrassment of allowing any display seeming to favor any
political view." Id. at 658.
The City may, with care, provide in its lease a term prohibiting certain forms of political
speech in the coffee shop at Dun Brothers Coffee Shop. The City is acting as a proprietor, not in
its lawmaking function. Dun Brothers Coffee Shop is not a traditional public forum, and the City
has not acted in any way that suggests the City wishes to designate Dun Brothers Coffee Shop as
a public forum. The house's separation from traditionally public spaces, being located in a
purely residential area, supports this distinction.
If the lease term prohibits the active distribution of political materials or the holding of
political rallies, the City is on firm ground. This is highly disruptive behavior that the City may
wish to prohibit in order to maintain the commercial viability of the coffee shop. But if the lease
term also prohibits the posting of political fliers on a bulletin board, alongside commercial
advertisements or general announcements of community interest (e.g., "Book Club meets here
Wednesday nights"), the city's basis for the limitation may not pass reasonableness scrutiny.
Multiple messages can be simultaneously carried on a bulletin board, and its general openness
does not suggest any government favor of the message. Indeed, it is likely that conflicting
messages would sprout. The reasonableness of prohibiting, for example, an advertisement for a
political event to be held elsewhere may be determined to be low.
P:\Home\1610.487\2010 03 02-political speech restriction.doc
Conditional Use Permit Amendment
2010-01
8107 Eden Prairie Road
Eden Prairie, Minnesota 55344
March 9, 2010
In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a
Conditional Use Permit is hereby granted for 8107 Eden Prairie Road to operate a coffee shop.
The location of said property being legally described as follows:
That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22,
described as follows: Commencing at the NW corner of said Quarter-Quarter; thence
South along the West line of said Quarter-Quarter distance 316 feet to the actual point of
beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0
feet; thence South with the West line of said Quarter-Quarter distant 242 feet; thence
West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North
along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning,
according to the Government Survey, except road.
The City Council finds that the above described property is zoned Rural and allows historic reuse
by Conditional Use Permit and by discretion of the City Council. The Council finds that the
applicant meets the criteria of the ordinance and is entitled to the issuance of a Conditional Use
Permit for the use located at the address indicated in the above described property, and subject to
the following conditions:
1. Uses for this property shall be:
Permitted uses inside the building
• Sale of beverages customarily sold in a coffee shop, including but not limited to
coffee, coffee beverages, tea, smoothies, hot chocolate, soda,juices, and water
and associated beverages.
• Sale of convenience food items customarily sold in a coffee shop including,but
not limited to sandwiches, breakfast pastries, nuts, condiments, dressings,
burritos, breakfast sandwiches, cheese, crackers, salads, cookies, cupcakes,
desserts, hot and cold sandwiches, soup, chips, oatmeal, granola, yogurt, fruit,
vegetables, and candy.
• Sale of packaged cookies, food, candy, tickets and similar items by non-profit
youth organizations
• Sale of wrist bands
• Sale of art
• Photographer
• Sale of photos
• Sale of antiques
• Sale of books
• Wedding receptions
• Sale of signs
• Sale of T-shirts
• Birthday and anniversary parties
• Sale of wine and beer as permitted by City license
• Live music
• Sale of CD's
• Sale of ice cream
• Sale of clothing
• Office space
Permitted uses outside the building to be located within a 2,700 sq. ft. area as depicted
in Exhibit A
• Wedding receptions
• Live acoustic music (south side patio only)
• Antique Fair Treasure Hunt
• Farmer's Market—fruits, vegetables, flowers, bakery items, and Christmas trees
2. Any changes to the use of the building from those established in these conditions shall
require an amended Conditional Use Permit.
3. The building shall meet all Building and Fire Codes, State and County health regulations.
4. Any alterations of the building or property shall conform to the City's preservation
standards and may require a Heritage Preservation Site Alteration Permit.
5. The use of the building and property shall conform to the Lease Agreement with the City
of Eden Prairie.
6. All required parking shall be provided on the property.
7. This permit is non transferable to another party.
8. This permit will expire March 9, 2015
CITY OF EDEN PRAIRIE
Phil Young, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
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Smith-Douglas More House N
8107 Eden Prairie Road
Exhibit A CUP Amendment
2010-01 0 15 30 60 Feet
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE(the "Amendment") is made this_day of March, 2010
between THE CITY OF EDEN PRAIRIE("Landlord"),and Pure Grace,LLC,an Minnesota limited
liability company("Tenant").
WHEREAS, Landlord and Tenant are parties to that certain Lease with Lease Reference Date of
January 1, 2009, for Premises located at 8107 Eden Prairie Road, City of Eden Prairie, Minnesota,
consisting of approximately Three Thousand Three Hundred Twenty Seven(3,327)square feet(the
"Lease"); and
WHEREAS, Tenant requests and Landlord agrees that Tenant shall have the right to use the
Premises for uses as specified herein in addition to "Coffee Shop"; and
WHEREAS,Landlord and Tenant mutually desire to modify the Lease on the terms and conditions
set forth herein.
NOW,THEREFORE,in consideration of the foregoing and other good and valuable consideration,
Landlord and Tenant hereby amend the Lease as follows:
1. The Reference Page is amended to amended USE to the following: "Coffee Shop and uses
identified in Section 5.1 hereof."
2. The Section 5.1 is hereby deleted in its entirety and replaced with the following:
5.1 Tenant shall in good faith continuously throughout the Term of this lease conduct and
carry on in the entire Premises under Tenant's Trade Names following permitted uses,
activities and businesses(hereinafter referred to as"Permitted Uses")and shall not conduct
or carry on any other use, activity or business without the prior express written consent of
Landlord.
5.1.1 "Permitted Uses" inside the building are as follows:
5.1.1.1 Sale of beverages customarily sold in a coffee shop,including but not
limited to coffee, coffee beverages, tea, smoothies, hot chocolate,
soda,juices, and water and associated beverages.
5.1.1.1 Sale of convenience food items customarily sold in a coffee shop
including, but not limited to sandwiches, breakfast pastries, nuts,
condiments, dressings, burritos, breakfast sandwiches, cheese,
crackers, salads, cookies, cupcakes, desserts, hot and cold
sandwiches, soup, chips, oatmeal, granola, yogurt, fruit, vegetables,
and candy.
5.1.1.2 Sale of packaged cookies, food, candy, tickets and similar items by
non-profit youth organizations.
5.1.1.3 Sale of wrist bands
5.1.1.4 Sale of art
5.1.1.5 Photographer
5.1.1.6 Sale of photos
5.1.1.7 Sale of antiques
5.1.1.8 Sale of books
5.1.1.9 Wedding receptions
5.1.1.10 Sale of signs
5.1.1.11 Sale of T-shirts
5.1.1.12 Birthday and anniversary parties
5.1.1.13 Sale of wine and beer as permitted by City license
5.1.1.14 Live music
5.1.1.15 Sale of CD's
5.1.1.16 Sale of ice cream
5.1.1.17 Sale of clothing
5.1.1.18 Office space
5.1.2 "Permitted Uses"outside the building are as follows:
5.1.2.1 Wedding receptions
5.1.2.2 Live acoustic music (south side patio only)
5.1.2.3 Antique Fair Treasure Hunt
5.1.2.4 Farmer's Market—fruits, vegetables, flowers, bakery items, and
Christmas trees
5.1.3 All Permitted Uses carried on outside the building shall be limited
to and conducted within the 2,700 sq. ft. area as depicted in Exhibit D.
3. This Amendment may be executed in counterparts and shall be effective when all parties
have executed a copy of this Amendment. A copy of this Amendment bearing an original signature
shall constitute a counterpart, and all such counterparts shall,taken together,constitute one and the
same Amendment. It is the parties' desire to immediately confirm and communicate their respective
signatures on this Amendment. It is agreed that a facsimile copy of a signed signature page of a
counterpart Amendment shall evidence and constitute valid execution of this Amendment and shall
be binding on a party to the same extent as the original signature counterpart copy.
4. All other terms of the Lease remain unchanged and in full force and effect.
IN WITNESS WHEREOF,Landlord and Tenant have caused this Amendment to be executed as of
the date set forth below.
LANDLORD: TENANT:
CITY OF EDEN PRAIRIE PURE GRACE, LLC
By: By:
Phil Young, Its Mayor
Its:
By:
Scott H. Neal, Its City Manager
P:\Home\1610.487-More House\Documents\Drafts\Amendment to Lease 2010 03 02.doc
EXHIBIT D
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Exhibit A 8107 Eden CUPAmendment rie Road
2010-Cl 0 15 30 60 Feel
I l l l l l i l {
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
THROUGH: Michael D. Franzen, City Planner
DATE: January 22, 2010
SUBJECT: Smith Douglas More House Conditional Use Permit Amendment
APPLICANT: Ann Schuster and City of Eden Prairie
OWNER: City of Eden Prairie
LOCATION: 8107 Eden Prairie Road
REQUEST: 1. Conditional Use Permit Amendment
BACKGROUND
In June,2002,the City Council approved a City Code Amendment to allow adaptive reuse of historic
designated property in the rural zoning district for office and commercial uses by Conditional Use
Permit. See attached approved permit.
CONDITIONAL USE PERMIT AMENDMENT REQUEST
The current permit only permits the sale of coffee and office use.Ann Schuster currently leases the
building and would like to add the following to the list of uses permitted by conditional use permit.
Permitted uses inside the building
• Sale of coffee, sandwiches, and pastries
• Sale of packaged food, candy, tickets by non-profit youth associations.
• Sale of wrist bands
• Sale of art
• Photographer
• Sale of photos
• Sale of antiques
• Sale of books
• Wedding receptions
Staff Report— Smith Douglas More Conditional Use Permit Amendment
January 22, 2010
• Sale of signs
• Sale of T-shirts
• Birthday and anniversary parties
• Sale of wine and beer
• Live music
• Sale of CD's
• Sale of ice cream
• Sale of clothing
• Office space
Permitted uses outside the building to be located within a 2,700 sq. ft. area as depicted in
Exhibit A
• Wedding receptions
• Antique Fair Treasure Hunt
• Farmer's Market—fruits, vegetables, flowers, bakery items, and Christmas trees
DISPLAY OF USES OUTSIDE
The attached Outside Use Area map shows an area designated for outdoor uses. A defined area is
needed for the following reasons.
• To display products in an organized and orderly manner.
• To provide some distance to the residential properties to the north.
• To keep parking in the designated areas and not along the entry drive.
• So that the outside uses are clearly incidental to the use of the site for heritage preservation.
LEASE AGREEMENT
The City currently has a lease with Ann Schuster for use of the building for a coffee shop and office.
This lease will have to be amended and approved by the City Council.
STAFF RECOMMENDATION
Staff recommends approval of the Conditional Use Permit Amendment for the uses identified in the
staff report dated January 22, 2010 and the following conditions.
1. Any changes to the use of the building from those established in these conditions shall
require an amended Conditional Use Permit.
2. The building shall meet all Building and Fire Codes, State and County health regulations.
2
Staff Report— Smith Douglas More Conditional Use Permit Amendment
January 22, 2010
3. Any alterations of the building or property shall conform to the City's preservation standards
and may require a Heritage Preservation Site Alteration Permit.
4. The use of the building and property shall conform to the Lease Agreement with the City of
Eden Prairie.
5. Outside uses shall be confined to the Outside Use Area as shown on the Exhibit A.
6. All required parking shall be provided on the property.
7. The permit in non-transferable to another party.
8. The permit will expire , 2015
3
Area Location Map - Smith Douglas More House
Conditional Use Permit Amendment
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UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 25, 2010 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
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Kirk, Pitzrick, Schultz and
Wuutke.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON DECEMBER 14, 2009
Lechelt had a correction to the spelling of"NURP" in part B under the category
of Minutes.
MOTION by Lee, seconded by Lechelt, to approve the minutes as amended.
Motion carried 5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. Conditional Use Permit Amendment#2010-01, Smith Douglas More House
Location: 8107 Eden Prairie Road
Request to:
• To permit additional uses within the building and on the property
Franzen presented the proposal. He stated currently there is a permit on the
property that allows Ann Schuster,person leasing the property, to sell coffee and
donuts and utilize office space upstairs. She would like to do other things both
inside and outside of the property. There is a list on page 1 and 2 of the staff
report of uses permitted by a conditional use permit. The City does not have a
concern with this list for items indoors. The only stipulation for outside items
would be the have them in a designated area behind the main building. The City
Staff recommends approval of the Conditional Use Permit Amendment for the
uses identified in the staff report.
Stoltz opened the meeting up for public input. There was no input.
Stoltz asked if they wanted to sell items not on the list would they have to come
before the Planning Commission again. Franzen said they would have to come
back if they wanted to sell something not within the character of what is on the
list, and pointed out generally the items are smaller in nature that they are selling.
Stoltz asked Ms. Schuster how long the lease is. Ms. Schuster stated it was two
years. Franzen stated the lease would be amended when they go before the City
Council.
Lee stated the Dunn Brothers is currently there and asked if there would be
additional businesses added. Franzen stated they would not be adding another
business and they are selling these items in order to bring customers in.
Lee asked if Dunn Brothers would be handling the farmers market or would Ms.
Schuster be doing that. Ms. Schuster said it would be a little of both. She also
pointed out they pay rent for additional parking to the funeral home.
Rocheford asked the project proponent how business was going at Dunn Brothers.
Ms. Schuster stated business was okay, but parking is very limited and they are
selling these items to make more money. Rocheford asked if she would be
renewing the lease in a few years. Ms. Schuster said she would be renewing the
lease in a few years.
Lechelt asked who would be responsible for the outside area. Ms. Schuster said
they are responsible. Lechelt asked if the City would be responsible for any
outside maintenance with activities. Franzen said they do no anticipate additional
maintenance.
MOTION by Rocheford, seconded by Lechelt, to close the public hearing.
Motion carried 5-0.
MOTION by Rocheford, seconded by Lee, to recommend approval of the
Conditional Use Permit. Motion carried 5-0.
(
Conditional Use Permit
2002-01
Dunn Brothers Coffee
8107 Eden Prairie Road
Eden Prairie, Minnesota 55344
June 18, 2002
In accordance with the provisions of the Zoning Ordinance of the City of Eden Prairie, a
Conditional Use Permit is hereby granted to Dunn Brothers Coffee to operate a Dunn Brothers
Coffee to be located at 8107 Eden Prairie Road. The location of said property being legally
described as follows:
That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116, Range 22,
described as follows: Commencing at the NW corner of said Quarter-Quarter; thence
South along the West line of said Quarter-Quarter distance 316 feet to the actual point of
beginning; thence East parallel with the North line of said Quarter-Quarter distant 357.0
feet; thence South with the West line of said Quarter-Quarter distant 242 feet; thence
West parallel with the North line of said Quarter-Quarter distant 357.0 feet; thence North
along the West line of said Quarter-Quarter distant 242.0 feet to the point of beginning,
according to the Government Survey, except road.
The City Council finds that the above described property is zoned Rural and allows historic reuse
by Conditional--Use--Permit--and_by__discretion_of the City Council. The Council finds that the
applicant meets the criteria of the ordinance and is entitled to the issuance of a Conditional Use
Permit for the use located at the address indicated in the above described property, and subject to
the following conditions:
1. Uses for this property shall be for a Dunn Brothers Coffee and associated office space.
2. Any changes to the use of the building from those established in these conditions shall
require an amended Conditional Use Permit.
3. The property shall be developed in accordance with the approved plans dated June 14,
2002, reviewed and approved by the City Council on June 18, 2002.
4. The building shall meet all Building and Fire Codes, State and County health regulations.
The buildingshall be connected to Citysewer and water.
5.
6. Any alterations of the building or property shall conform to the Historic Preservation Site
Alteration Permit.
7. The use of the building and property shall conform to the Lease Agreement with the City
of Eden Prairie.
8. All required parking shall be provided on the property.
,
IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
DUNN BROT RS COFFEE CITY OF EDEN PRAIRIE
By — .
Chris Eilers,President/Chief Manager Lucy yr�... ,Mayor
I
H. al, i anager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this oe day of ,
2002,by Nancy Tyra-Lukens and Scott H.Neal,respectively the Mayor an the ty Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
II s
KATHLEEPd A. PORTAd - itel-,A.,
. ..
NOTARY PUBLIC-MINNESOTA
i.
sty Commission Expires Jan.31,MS Not Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this II 211--day of 3" \ ,
2002,by Chris Eilers, the President/Chief Manager of Dunn Brothers Coffee, a Mimnesota
corporation on behalf of the corporation.
1
, EVE RIME!
. ;jq , NOTARY PUBUC— i\ c
?'ti tit MY COMMISSION E)�lRES Notary r h A---.......‘.
Public
`'` JAIVUARY 31,2Jn
I
LEASE
Landlord
City of Eden Prairie
Tenant
Pure Grace, LLC
TABLE OF CONTENTS
ARTICLE PAGE
REFERENCE PAGE
1. TERM 1
2. RENT .2
3. INTENTIONALLY OMMITTED 2
4. ADDITIONAL RENT 2
5. USE OF PREMISES; TENANT COVENANTS 2
6. ALTERATIONS .3
7. REPAIR .4
8. LIENS .5
9. ASSIGNMENT AND SUBLETTING 5
10. INDEMNIFICATION 7
11. INSURANCE 7
12. SERVICES AND UTILITIES 8
13. HOLDING OVER ..9
14. SUBORDINATION 9
15. REENTRY BY LANDLORD 9
16. DEFAULT .. 10
17. REMEDIES 11
18. TENANT'S BANKRUPTCYOR INSOLVENCY .14
19. QUIET ENJOYMENT 16
20. DAMAGE BY FIRE, ETC 16
21. EMINENT DOMAIN .18
22. SALE BY LANDLORD 18
23. ESTOPPEL CERTIFICATES 19
24. SURRENDER OF PREMISES .. 19
25. NOTICES 20
26. TAXES PAYABLE BY TENANT 20
27. DEFINED TERMS AND HEADINGS ..20
28. TENANT'S AUTHORITY 21
29. TIME AND APPLICABLE LAW .21
30. SUCCESSORS AND ASSIGNS 21
31. ENTIRE AGREEMENT 21
32. EXAMINATION NOT OPTION 21
33. RECORDATION 22
34. LIMITATION OF LIABILITY ..22
EXHIBIT A-PREMISES LEGAL DESCRIPTION 23
EXHIBIT B-RULES AND REGULATIONS .. 24
EXHIBIT C-MUNICIPAL CONTRACT PROVIDIONS 26
SMITH, DOUGLAS, MORE HOUSE LEASE REFERENCE PAGE
PREMISES: Smith, Douglas More House
8107 Eden Prairie Road
Eden Prairie, Minnesota 55344
LANDLORD City of Eden Prairie
LANDLORD'S ADDRESS: 8080 Mitchell Road
Eden Prairie, Minnesota 55344
LEASE REFERENCE DATE: , 2009
TENANT: Pure Grace, LLC
TENANT'S ADDRESS: 11572 Landing Road
Eden Prairie, MN 55347
PREMISES AREA: Approximately 3,327 square feet, of which
2,274 square feet is on the main floor and
1,053 square feet is on the second floor
USE: Coffee Shop
TENANT'S TRADE NAMES: Dunn Bros. Coffee
TENDER DATE: December 15, 2008
COMMENCEMENT DATE: January 1, 2009
TERMINATION DATE: December 31, 2011
TERM OF LEASE: Three years, beginning on the
Commencement Date and ending on the
Termination Date (unless sooner terminated
pursuant to the Lease)
RENEWAL TERM: None
INITIAL ANNUAL RENT: $ 34,000.00
INITIAL MONTHLY INSTALLMENT
OF ANNUAL RENT (Article 2): $2,833.33
SECURITY DEPOSIT: $3,000.00
ASSIGNMENT/SUBLETTING FEE: None
The Reference Page information is incorporated into and made a part of the Lease. In the
event of any conflict between any Reference Page information and the Lease, the Lease shall
control. This Lease includes Exhibits A through D, all of which are made a part of this Lease.
LANDLORD: TENANT:
CITY OF EDEN PRAIRIE PURE GRACE, LLC
By: By:
Phil Young, Its Mayor
Its:
By:
Scott Neal, Its City Manager
Dated: Dated:
ii
LEASE
By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises as
set forth and described on the Reference Page. The Reference Page, including all terms defined
thereon, is incorporated as part of this Lease.
1. TERM.
1.1 Landlord shall tender possession of the Premises on or before December 15, 2008
("Tender Date"). This Lease shall begin on January 1, 2009 ("Commencement
Date").
1.2 This Lease shall have a term of approximately three (3) years, beginning on the
Commencement Date and ending on December 31, 2011 ("Termination Date").
2. RENT.
2.1. Tenant agrees to pay to Landlord the Annual Rent of $34,000.00 by paying the
Monthly Installment of Rent then in effect on or before the first day of each full
calendar month during the Term, except that the first month's payable rent shall
be paid on the Tender Date (December 15, 2008). The Monthly Installment of
Rent in effect at any time shall be one-twelfth of the Annual Rent in effect at such
time. Rent for any period during the Term which is less than a full month shall be
a prorated portion of the Monthly Installment of Rent based upon a thirty(30) day
month. Said rent shall be paid to Landlord, without deduction or offset and
without notice or demand, at the Landlord's address, as set forth on the Reference
Page, or to such other person or at such other place as Landlord may from time to
time designate in writing.
2.2 Tenant recognizes that late payment of any rent or other sum due under this Lease
will result in administrative expense to Landlord, the extent of which additional
expense is extremely difficult and economically impractical to ascertain. Tenant
therefore agrees that if rent or any other sum is not paid within ten (10) days of its
due date and payable pursuant to this Lease, a late charge shall be imposed in an
amount equal to the greater of (a) Fifty Dollars ($50.00), or (b) a sum equal to
five percent (5%) per month of the unpaid rent or other payment. The amount of
the late charge to be paid by Tenant shall be reassessed and added to Tenant's
obligation for each successive monthly period until paid. The provisions of this
Section 2.2 in no way relieve Tenant of the obligation to pay rent or other
payments on or before the date on which they are due, nor do the terms of this
Section 2.2 in any way affect Landlord's remedies pursuant to Article 17 of this
Lease in the event said rent or other payment is unpaid after date due.
3. INTENTIONALLY OMITTED.
1
4. ADDITIONAL RENT
Any money or sums, other than Annual Rent, due under this Lease shall be considered
additional rent and be due with the next Monthly Installment of Rent, unless otherwise
indicated in this Lease.
5. USE OF PREMISES; TENANT COVENANTS.
5.1. Tenant shall in good faith continuously throughout the Term of this lease conduct
and carry on in the entire Premises under Tenant's Trade Names the type of
business described on the Reference Page and shall not conduct or carry on any
other business without the prior express written consent of Landlord.
5.2. Tenant shall comply with all governmental laws, ordinances and regulations
applicable to the use of the Premises and its occupancy and shall promptly
comply with all governmental orders and directions for the correction, prevention
and abatement of any violations in or upon, or in connection with, the Premises,
all at Tenant's sole expense.
5.3. Tenant shall operate its business in a dignified manner and in accordance with
high standards of a store operation and shall, at all times when the Premises are
open for business to the public, keep the Premises properly equipped with
fixtures, stocked with an adequate supply of merchandise and attended by
adequate personnel.
5.4. Tenant agrees to comply with and observe the rules and regulations shown on
Exhibit B. Tenant's failure to keep and observe said rules and regulations shall
constitute a breach of the terms of this Lease as if the same were contained herein
as covenants following the notice and/or cure periods set forth in Section 16.1.2
hereof. Landlord reserves the right from time to time to amend or supplement
said rules nd regulations. Notice of such amendments and supplements shall be
given to Tenant and Tenant agrees to comply with and observe all such rules and
regulations, as revised, to the extent the amendments and supplements are not
inconsistent with the rules contained in Exhibit B or any other provision of this
Lease.
5.5. Tenant acknowledges that the Premises has been designated as an Historic House.
Tenant's use of the Premises, including maintenance of the Premises, shall at all
times comply with all laws, rules, and regulations related to the Historic House
designation.
5.6. Tenant shall not, and shall not direct, suffer or permit any of its agents,
contractors, employees, licensees or invitees to at any time handle, use,
manufacture, store or dispose of in or about the Premises any (collectively
2
"Hazardous Materials") flammables, explosives, radioactive materials, hazardous
wastes or materials, toxic wastes or materials, or other similar substances,
petroleum products or derivatives or any substance subject to regulation by or
under any federal, state and local laws and ordinances relating to the protection of
the environment or the keeping, use or disposition of environmentally hazardous
materials, substances, or wastes, presently in effect or hereafter adopted, all
amendments to any of them, and all rules and regulations issued pursuant to any
of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant
suffer or permit any Hazardous Materials to be used in any manner not fully in
compliance with all Environmental Laws, in the Premises and appurtenant land or
allow the Premises to become contaminated with any Hazardous Materials.
Notwithstanding the foregoing, Tenant may handle, store, use or dispose of
products containing small quantities of Hazardous Materials (such as aerosol cans
containing insecticides, toner for copiers, paints,paint remover and the like) to the
extent customary and necessary for the use of the Premises for the purposes
permitted hereunder; provided that Tenant shall always handle, store, use, and
dispose of any such Hazardous Materials in a safe and lawful manner and never
allow such Hazardous Materials to contaminate the Premises and appurtenant land
or the environment. Tenant shall protect, defend, indemnify and hold the
Landlord harmless from and against any and all loss, claims, liability or costs
(including court costs and attorney's fees) incurred by reason of any actual or
asserted failure of Tenant to fully comply with all applicable Environmental
Laws, or the presence, handling, use or disposition in or from the Premises of any
Hazardous Materials (even though permissible under all applicable Environmental
Laws or the provisions of this Lease), or by reason of any actual or asserted
failure of Tenant to keep, observe, or perform any provision of this Section 5.6.
5.7. Any signs used on the Premises shall comply with the Eden Prairie City Code
then in effect and must be approved by the Eden Prairie Historic Preservation
Commission.
5.8 Tenant shall not allow any smoking, or other use of tobacco products, by Tenant
or any guest, invitee, or other person on the Premises, in any building located on
the Premises.
6. ALTERATIONS.
6.1. Tenant shall not make or suffer to be made any alterations or improvements,
including but not limited to, the attachment of any fixtures or equipment in, on, or
to the Premises or any part thereof without prior written consent of Landlord and
the Eden Prairie Historic Preservation Commission.
6.2. All alterations, additions or improvements proposed by Tenant shall be
constructed in accordance with all government laws, ordinances, rules and
regulations and Tenant shall, prior to construction, provide the additional
3
insurance required under Article 11 in such case, and also all such assurances to
Landlord, including but not limited to, waivers of liens and surety company
performance bonds, as Landlord shall require to assure payment of the costs
thereof and to protect Landlord and the Premises and appurtenant land against any
loss from any mechanic's, materialmen's or other liens.
6.3. All alterations, additions, and improvements in, on, or to the Premises made or
installed by Tenant, including carpeting, shall be and remain the property of
Tenant during the Term. All such alterations, additions, and improvements,
except furniture, furnishings, movable partitions of less than full height from floor
to ceiling and other trade fixtures shall become a part of the realty and belong to
Landlord without compensation to Tenant upon the expiration or sooner
termination of the Term, at which time title shall pass to Landlord under this
Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election
by Landlord, Tenant shall upon demand by Landlord, at Tenant's sole cost and
expense, forthwith and with all due diligence remove any such alterations,
additions or improvements which are designated by Landlord to be removed, and
Tenant shall forthwith and with all due diligence, at its sole cost and expense,
repair and restore the Premises to their original condition, reasonable wear and
tear and damage by fire or other casualty excepted.
7. REPAIR AND MAINTENANCE OF PREMESIS.
7.1. Landlord shall have no obligation to alter, remodel, or improve the Premises,
except as specifically set forth in this Lease. It is hereby understood and agreed
that no representations respecting the condition of the Premises have been made
by Landlord to Tenant, except as specifically set forth in this Lease. Landlord
shall not be liable for any failure to make any repairs or to perform any
maintenance unless such failure shall persist for forty-eight (48) hours after
written notice of the need of such repairs or maintenance is given to Landlord by
Tenant. If the repair cannot be completed within forty-eight (48) hours, Landlord
shall not be liable for the failure to complete the repair so long as Landlord has
begun repair and is using its best efforts to complete the repair.
7.2. Tenant shall, at all times during the Term, maintain the interior of the Premises
and keep the interior of the Premises in good condition and repair. Tenant's
maintenance obligations include, but are not limited to, garbage removal,
cleaning, upkeep, and other similar obligations. Tenant's repair obligations
include, but are not limited to windows, glass and plate glass, doors, skylights and
special store entries, interior walls and finish work, floors and floor coverings,
electrical systems and fixtures located within and/or serving the Premises, and
plumbing work and fixtures located within and/or serving the Premises, excepting
damage by fire, or other casualty. All maintenance and repairs shall be peformed
in compliance with all applicable governmental laws, ordinances and regulations,
and Tenant shall promptly comply with all governmental orders and directives for
4
the correction, prevention and abatement of any violations or nuisances in or
upon, or connected with, the Premises, all at Tenant's sole expense. In the event
that Tenant fails to adequately repair or maintain the Premises, Landlord reserves
the right to perform any and all repairs or maintenance on the Premises. In the
event that Landlord performs any such repairs or maintenance, Tenant shall
reimburse Landlord upon demand, as additional rent, for any and all costs
incurred by Landlord as a result of performing said repairs or maintenance with
its next installment of rent due pursuant to this Lease following submission to
Tenant of an invoice thereof and reasonable documentation relating thereto.
7.3 Tenant shall, at all times during the Term, perform all on-going maintainance of
the grounds of the Premises, including lawn care, snow plowing, and snow
shoveling. Landlord is responsible for servicing all heating and air conditioning
systems and equipment (HVAC) serving the Premises, as well as for exterior
painting and major exterior repairs including the roof.
8. LIENS.
Tenant shall keep the Premises and appurtenant land and Tenant's leasehold interest in the
Premises free from any liens arising out of any services, work or materials performed,
furnished, or contracted for by Tenant, or obligations incurred by Tenant. In the event that
Tenant shall not, within ten (10) days following the imposition of any such lien, either
cause the same to be released of record or provide Landlord with insurance against the
same issued by a major title insurance company or such other protection against the same
as Landlord shall accept, Landlord shall have the right to cause the same to be released by
such means as it shall deem proper, including payment of the claim giving rise to such lien.
All such sums paid by Landlord and all expenses incurred by it in connection therewith
shall be considered additional rent and shall be payable to it by Tenant on demand.
9. ASSIGNMENT AND SUBLETTING.
9.1. Tenant shall not have the right to assign or pledge this Lease, or to sublet the
whole or any part of the Premises whether voluntarily or by operation of law, or
permit the use or occupancy of the Premises by anyone other than Tenant, and
shall not make, suffer or permit such assignment, subleasing or occupancy,
without the prior written consent of Landlord. Said restrictions shall be binding
upon any and all assignees of the Lease and subtenants of the Premises. In the
event Tenant desires to sublet, or permit such occupancy of, the Premises, or any
portion thereof, or assign this Lease, Tenant shall give written notice thereof to
Landlord at least thirty (30) days but no more than one hundred eighty (180) days
prior to the proposed commencement date of such subletting or assignment, which
notice shall set forth the name of the proposed subtenant or assignee, and the
relevant terms of any sublease or assignment.
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9.2. Notwithstanding any assignment or subletting, permitted or otherwise, Tenant
shall at all times remain directly, primarily and fully responsible and liable for the
payment of the rent specified in this Lease and for compliance with all of its other
obligations under the terms,provisions and covenants of this Lease.
9.3. In addition to Landlord's right to approve of any subtenant or assignee, Landlord
shall have the option, in its sole discretion, in the event of any proposed subletting
or assignment, to terminate this Lease, or in the case of a proposed subletting of
less than the entire Premises, to recapture the portion of the Premises to be sublet,
as of the date the subletting or assignment is to be effective. The option shall be
exercised, if at all, by Landlord giving Tenant written notice within thirty (30)
days following Landlord's receipt of Tenant's written notice as required above. If
this Lease shall be terminated with respect to the entire Premises pursuant to this
Section, the Term of this Lease shall end on the date stated in Tenant's notice as
the effective date of the sublease or assignment as if that date had been originally
fixed in this Lease for the expiration of the Term. If Landlord recaptures under
this Section only a portion of the Premises, the rent to be paid from time to time
during the unexpired Term shall abate proportionately based on the proportion by
which the approximate square footage of the remaining portion of the Premises
shall be less than that of the Premises as of the date immediately prior to such
recapture.
9.4. In the event that Tenant sells, sublets, assigns, or transfers this Lease and the
amount of rent and/or additional rent paid pursuant to the sale, sublease,
assignment, or transfer is greater than the amount of the rent and additional rent
payable under this Lease, Landlord shall have the right to terminate this Lease as
of the effective date of the sale, sublease, assignment, or transfer and enter a new
lease with the purchaser, sublessor, assignee, or transferee under the same terms
and conditions as the sale, sublease, assignment, or transfer. Such termination
shall release Tenant from any and all liability under this Lease.
9.5. Notwithstanding any other provision hereof, Tenant shall have no right to make
(and Landlord shall have the absolute right to refuse consent to) any assignment
of this Lease or sublease of any portion of the Premises if at the time of either
Tenant's notice of the proposed assignment or sublease or the proposed
commencement date thereof, there shall exist any uncured default of Tenant or
matter which will become a default of Tenant with passage of time unless cured,
or if the proposed assignee or sublessee is an entity: (a) which Landlord is
already in negotiation as evidenced by the issuance of a written proposal; (b) is
incompatible with the character of occupancy of the Premises; or (c) would
subject the Premises to a use which would: (i) involve materially increased
personnel or wear upon the Premises; (ii) require any addition to or modification
of the Premises or the Premises in order to comply with building code or other
governmental requirements; or, (iii) involve violation of Section 5.6. Tenant
expressly agrees that Landlord shall have the absolute right to refuse consent to
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any such assignment or sublease and that for the purposes of any statutory or
other requirement of reasonableness on the part of Landlord such refusal shall be
reasonable.
10. INDEMNIFICATION.
The Landlord shall not be liable and Tenant hereby waives all claims against Landlord
for any damage to any property or any injury to any person in or about the Premises by or
from any cause whatsoever (including without limiting the foregoing, rain or water
leakage of any character from the roof, windows, walls,basement, pipes, plumbing works
or appliances, the Premises not being in good condition or repair, gas, fire, oil, electricity
or theft), except to the extent caused by or arising from the negligence or intentional act
of Landlord or its agents, employees or contractors. Tenant shall protect, indemnify and
hold the Landlord harmless from and against any and all loss, claims, liability or costs
(including court costs and attorney's fees) incurred by reason of(a) any damage to any
property (including but not limited to property of Landlord) or any injury (including but
not limited to death) to any person occurring in, on or about the Premises to the extent
that such injury or damage shall be caused by or arise from any act, neglect, fault, or
omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any
standards imposed by any duty with respect to the injury or damage; (b) the conduct or
management of any work or thing whatsoever done by the Tenant in or about the
Premises or from transactions of the Tenant concerning the Premises; (c) Tenant's failure
to comply with any and all govenmental laws, ordinances and regulations applicable to
the condition or use of the Premises or its occupancy; or (d) any breach or default on the
part of Tenant in the performance of any covenant or agreement on the part of the Tenant
to be performed pursuant to this Lease. The provisions of this Article shall survive the
termination of this Lease with respect to any claims or liability accruing prior to such
termination.
11. INSURANCE.
11.1. Tenant shall keep in force throughout the Term: (a) a Commercial General
Liability insurance policy or policies to protect the Landlord against any liability
to the public or to any invitee of Tenant or Landlord incidental to the use of or
resulting from any accident occurring in or upon the Premises with a limit of not
less than $1,000,000.00 per occurrence and not less than $2,000,000.00 in the
annual aggregate, or such larger amount as Landlord may prudently require from
time to time, covering bodily injury and property damage liability and $1,000,000
products/completed operations aggregate; (b) Business Auto Liability covering
owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per
accident; (c) insurance protecting against liability under Worker's Compensation
Laws with limits at least as required by statute; (d) Employers Liability with
limits of $500,000 each accident, $500,000 disease policy limit, $500,000
7
disease--each employee; (e) All Risk or Special Form coverage protecting Tenant
against loss of or damage to Tenant's alterations, additions, improvements,
carpeting, floor coverings, panelings, decorations, fixtures, inventory, plate glass
and other business personal property situated in or about the Premises to the full
replacement value of the property so insured; and, (f) Business Interruption
Insurance with limit of liability representing loss of at least approximately six
months of income.
11.2. Each of the aforesaid policies shall (a) be provided at Tenant's expense; (b) name
the Landlord as an additional insured; (c) be issued by an insurance company with
a minimum Best's rating of "A:VII" during the Term; and (d) provide that an
insurance company with said insurance shall not be canceled unless thirty (30)
days prior written notice (ten days for non-payment of premium) shall have been
given to Landlord; and said policy or policies or certificates thereof shall be
delivered to Landlord by Tenant upon the Commencement Date and at least thirty
(30) days prior to each renewal of said insurance.
11.3. Whenever Tenant shall undertake any alterations, additions or improvements in,
to or about the Premises ("Work") the aforesaid insurance protection must extend
to and include injuries to persons and damage to property arising in connection
with such Work, without limitation including liability under any applicable
structural work act, and such other insurance as Landlord shall reasonably require;
and the policies of or certificates evidencing such insurance must be delivered to
Landlord prior to the commencement of any such Work. Tenant shall also require
surety payment and performance bonds, or other similar security approved by
Landlord for any Work done on the Premises.
12. SERVICES AND UTILITIES.
Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system
charges and other utilities and services used on or from the Premises, together with any
taxes,penalties and surcharges or the like pertaining thereto and any maintenance charges
for such utilities. If any such services are not separately metered to Tenant, Tenant shall
pay all such charges determined by Landlord, in its sole discretion, to be reasonable. Any
such charges paid by Landlord and assessed against Tenant shall be immediately payable
to Landlord on demand and shall be additional rent hereunder. Landlord shall not be
liable for any interruption or failure of utility services on or to the Premises unless the
interruption or failure of service is caused by the negligence or intentional act of
Landlord or any of Landlord's officers, directors, employees, or agents.
13. HOLDING OVER.
Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part
thereof after termination of this Lease by lapse of time or otherwise at the then market
rental value of the Premises as determined by Landlord assuming a new lease of the
8
Premises of the then usual duration and other terms, prorated on a daily basis ("Holdover
Rate"), and also pay all damages sustained by Landlord by reason of such retention. If
Landlord gives notice to Tenant of Landlord's election to that effect, such holding over
shall constitute renewal of this Lease for a period from month to month at the Holdover
Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding
acceptance by Landlord of any sums due hereunder after such termination; and instead, a
tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any
event, no provision of this Article 13 shall be deemed to waive Landlord's right of
reentry or any other right under this Lease or at law.
14. SUBORDINATION.
Without the necessity of any additional document being executed by Tenant for the
purpose of effecting a subordination, this Lease shall be subject and subordinate at all
times to ground or underlying leases and to the lien of any mortgages or deeds of trust now
or hereafter placed on, against or affecting the Premises, Landlord's interest or estate in the
Premises, or any ground or underlying lease, provided, however, that; (i) if the lessor,
mortgagee, trustee, or holder of any such mortgage or deed of trust agrees not to materially
disturb Tenant or Tenants use of the Premises or Tenant's rights hereunder and so long as
no event of Default has occurred and is continuing, and (ii) if the lessor, mortgagee,
trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in
this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be
deemed superior, whether this Lease was executed before or after said instrument.
Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver upon
demand such further instruments evidencing such subordination or superiority of this
Lease as may be required by Landlord.
15. REENTRY BY LANDLORD.
Landlord reserves and shall at all times have the right to re-enter the Premises, upon
twenty-four (24) hours notice, to inspect the same, to supply any service to be provided
by Landlord to Tenant under this Lease, to show said Premises to prospective purchasers,
mortgagees or tenants, and to alter, improve or repair the Premises and any portion of the
Premises, without abatement of rent, and may for that purpose erect, use and maintain
scaffolding, pipes, conduits and other necessary structures and open any wall, ceiling or
floor in and through the Premises where reasonably required by the character of the work
to be performed. Landlord may enter the Premises without notice in the event of a
burglary, fire, medical emergency, natural disaster, or other similar emergency. Tenant
hereby waives any claim for damages for any injury or inconvenience to or interference
with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and
any other loss occasioned by any action of Landlord authorized by this Article 15.
Nothing in this Article 15 waives or shall be construed as waiving any claim by Tenant
for any negligent or intentional act of Landlord or any employee, contractor, or agent of
Landlord which in any way damages Tenant or Tenant's rights under this Lease. In the
event that Landlord discovers a defect or other problem with the premises during such re-
9
entry, Landlord may correct the defect or problem and Tenant shall reimburse Landlord
on demand, as additional rent, for any expenses which Landlord may incur in correcting
the defect or problem provided that Tenant was responsible for the repair of the defect or
problem pursuant to Article 7.2 of this Lease.
16. DEFAULT.
16.1 Except as otherwise provided in Article 18, the following events shall be deemed
to be Events of Default under this Lease:
16.1.1. Tenant shall fail to pay when due any sum of money becoming due to be
paid to Landlord under this Lease, whether such sum be any installment of
the rent reserved by this Lease, any other amount treated as additional rent
under this Lease, or any other payment or reimbursement to Landlord
required by this Lease, whether or not treated as additional rent under this
Lease, and such failure shall continue for a period of five days after
written notice that such payment was not made when due, but if any such
notice shall be given, for the twelve month period commencing with the
date of such notice, the failure to pay within five days after due any
additional sum of money becoming due to be paid to Landlord under this
Lease during such period shall be an Event of Default, without notice.
16.1.2. Tenant shall fail to comply with any term, provision or covenant of this
Lease which is not provided for in another Section of this Article and shall
not cure such failure within twenty (20) days (forthwith, if the failure
involves a hazardous condition) after written notice of such failure to
Tenant, or if such failure cannot reasonably be cured with such twenty
(20) days, Tenant shall fail to commence such cure within such twenty
(20) day period and diligently pursue the same to completion.
16.1.3. Tenant shall abandon or vacate any substantial portion of the Premises or
cease continuously operating its business therein.
16.1.4. Tenant shall fall to vacate the Premises immediately upon termination of
this Lease, by lapse of time or otherwise, or upon termination of Tenant's
right to possession only.
16.1.5. Tenant shall become insolvent, admit in writing its inability to pay its
debts generally as they become due, file a petition in bankruptcy or a
petition to take advantage of any insolvency statute, make an assignment
for the benefit of creditors, make a transfer in fraud of creditors, apply for
or consent to the appointment of a receiver of itself or of the whole or any
substantial part of its property, or file a petition or answer seeking
reorganization or arrangement under the federal bankruptcy laws, as now
10
in effect or hereafter amended, or any other applicable law or statute of the
United States or any state thereof.
16.1.6. A court of competent jurisdiction shall enter an order,judgment or decree
adjudicating Tenant bankrupt, or appointing a receiver of Tenant, or of the
whole or any substantial part of its property, without the consent of
Tenant, or approving a petition filed against Tenant seeking reorganization
or arrangement of Tenant under the bankruptcy laws of the United States,
as now in effect or hereafter amended, or any state thereof, and such order,
judgment or decree shall not be vacated or set aside or stayed within sixty
(60) days from the date of entry thereof
17. REMEDIES.
17.1. Except as otherwise provided in Article 18, upon the occurrence of any of the
Events of Default described or referred to in Article 16, Landlord shall have the
option to pursue any one or more of the following remedies without any notice or
demand whatsoever, concurrently or consecutively and not alternatively:
17.1.1. Landlord may, at its election, terminate this Lease or terminate Tenant's
right to possession only, without terminating the Lease.
17.1.2. Upon any termination of this Lease, whether by lapse of time or otherwise,
or upon any termination of Tenant's right to possession without
termination of the Lease, Tenant shall surrender possession and vacate the
Premises immediately, and deliver possession thereof to Landlord, and
Tenant hereby grants to Landlord full and free license to enter into and
upon the Premises in such event and to repossess Landlord of the Premises
as of Landlord's former estate and to expel or remove Tenant and any
others who may be occupying or be within the Premises and to remove
Tenant's signs and other evidence of tenancy and all other property of
Tenant therefrom without being deemed in any manner guilty of trespass,
eviction or forcible entry or detainer, and without incurring any liability
for any damage resulting therefrom, Tenant waiving any right to claim
damages for such reentry and expulsion, and without relinquishing
Landlord's right to rent or any other right given to Landlord under this
Lease or by operation of law.
17.1.3. Upon any termination of this Lease, whether by lapse of time or otherwise,
Landlord shall be entitled to recover as damages, all rent, including any
amounts treated as additional rent under this Lease, and other sums due
and payable by Tenant on the date of termination, plus as liquidated
damages and not as a penalty, an amount equal to the sum of (a) an
amount equal to the then present value of the rent reserved in this Lease
for the residue of the stated Term of this Lease including any amounts
11
treated as additional rent under this Lease and all other sums provided in
this Lease to be paid by Tenant, minus the fair rental value of the Premises
for such residue; (b) the value of the time and expense necessary to obtain
a replacement tenant or tenants, and the estimated expenses described in
Section 16.1.4. relating to recovery of the Premises, preparation for
reletting and for reletting itself, and (c) the cost of performing any other
covenants which would have otherwise been performed by Tenant.
17.1.4. Upon any termination of Tenant's right to possession only without
termination of the Lease:
17.1.4.1 Neither such termination of Tenant's right to possession nor
Landlord's taking and holding possession thereof as
provided in Section 17.1.2 shall terminate the Lease or
release Tenant, in whole or in part, from any obligation,
including Tenant's obligation to pay the rent, including any
amounts treated as additional rent, under this Lease for the
full Term, and if Landlord so elects Tenant shall pay
forthwith to Landlord the sum equal to the entire amount of
the rent, including any amounts treated as additional rent
under this Lease, for the remainder of the Term plus any
other sums provided in this Lease to be paid by Tenant for
the remainder of the Term.
17.1.4.2 Landlord shall use its best efforts to relet the Premises or
any part thereof for such rent and upon such terms as
Landlord, in its sole discretion, shall determine (including
the right to relet the premises for a greater or lesser term
than that remaining under this Lease, the right to relet the
Premises as a part of a larger area, and the right to change
the character or use made of the Premises). In connection
with or in preparation for any reletting, Landlord may, but
shall not be required to, make repairs, alterations and
additions in or to the Premises and redecorate the same to
the extent Landlord deems necessary or desirable, and
Tenant shall, upon demand, pay the cost thereof, together
with Landlord's expenses of reletting, including, without
limitation, any commission incurred by Landlord.
Landlord and Tenant agree that nevertheless Landlord shall
at most be required to use only the same efforts Landlord
then uses to lease premises generally and that in any case
that Landlor shall not be required to give any preference or
priority to the showing or leasing of the Premises over any
other space that Landlord may be leasing or have available
and may place a suitable prospective tenant in any such
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other space regardless of when such other space becomes
available. Landlord shall not be required to observe any
instruction given by Tenant about any reletting or accept
any tenant offered by Tenant unless such offered tenant has
a credit worthiness acceptable to Landlord and leases the
entire Premises upon terms and conditions including a rate
of rent (after giving effect to all expenditures by Landlord
for tenant improvements, broker's commissions and other
leasing costs) all no less favorable to Landlord than as
called for in this Lease, nor shall Landlord be required to
make or permit any assignment or sub lease for more than
the current term or which Landlord would not be required
to permit under the provisions of Article 9.
17.1.4.3 Until such time as Landlord shall elect to terminate the
Lease and shall thereupon be entitled to recover the
amounts specified in such case in Section 17.1.3, Tenant
shall pay to Landlord upon demand the full amount of all
rent, including any amounts treated as additional rent under
this Lease and other sums reserved in this Lease for the
remaining Term, together with the costs of repairs,
alterations, additions, redecorating and Landlord's expenses
of reletting and the collection of the rent accruing
therefrom (including attorney's fees and broker's
commissions), as the same shall then be due or become due
from time to time pursuant to the terms of this Lease, less
only such consideration as Landlord may have received
from any reletting of the Premises; and Tenant agrees that
Landlord may file suits from time to time to recover any
sums falling due under this Article 17 as they become due.
Any proceeds of reletting by Landlord in excess of the
amount then owed by Tenant to Landlord from time to time
shall be credited against Tenant's future obligations under
this Lease but shall not otherwise be refunded to Tenant or
inure to Tenant's benefit.
17.2. Landlord may, at Landlord's option, enter into and upon the Premises without
notice, if Landlord determines in its sole discretion that Tenant is not acting
within a commercially reasonable time to maintain, repair or replace anything for
which Tenant is responsible under this Lease and correct the same, without being
deemed in any manner guilty of trespass, eviction or forcible entry and detainer
and without incurring any liability for any damage or interruption of Tenant's
business resulting therefrom. If Tenant shall have vacated the Premises, Landlord
may at Landlord's option re-enter the Premises at any time during the last six
months of the then current Term of this Lease and make any and all such changes,
13
alterations, revisions, additions and tenant and other improvements in or about the
Premises as Landlord shall elect, all without any abatement of any of the rent
otherwise to be paid by Tenant under this Lease.
17.3. If, on account of any Event of Default by Tenant under the terms and conditions
of this Lease, it becomes necessary or appropriate for Landlord to employ or
consult with an attorney concerning or to enforce or defend any of the Landlord's
rights or remedies arising under this Lease, the Tenant agrees to pay all attorney's
fees so incurred by the Landlord.
17.4. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the
other remedies provided in this Lease or any other remedies provided by law (all
such remedies being cumulative), nor shall pursuit of any remedy provided in this
Lease constitute a forfeiture or waiver of any rent due to Landlord under this
Lease or of any damages accruing to Landlord by reason of the violation of any of
the terms, provisions and covenants contained in this Lease.
17.5. No act or thing done by Landlord or its agents during the Term shall be deemed a
termination of this Lease or an acceptance of the surrender of the Premises, and
no agreement to terminate this Lease or to accept a surrender of said Premises
shall be valid, unless in writing signed by Landlord. No waiver by Landlord of
any violation or Event of Default of any of the terms, provisions and covenants
contained in this Lease shall be deemed or construed to constitute a waiver of any
other violation or breach of any of the terms, provisions and covenants contained
in this Lease. Landlord's acceptance of the payment of rental or other payments
after the occurrence of an Event of Default shall not be construed as a waiver of
such Event of Default, unless Landlord so notifies Tenant in writing. Forbearance
by Landlord in enforcing one or more of the remedies provided in this Lease upon
an Event of Default shall not be deemed or construed to constitute a waiver of
such Event of Default or of Landlord's right to enforce any such remedies with
respect to such Event of Default or any subsequent Event of Default.
18. TENANT'S BANKRUPTCY OR INSOLVENCY
18.1. If at any time and for so long as Tenant shall be subjected to the provisions of the
United States Bankruptcy Code or other law of the United States or any state
thereof for the protection of debtors as in effect at such time (each a "Debtor's
Law"):
18.1.1. Tenant, Tenant as debtor-in-possession, and any trustee or receiver of
Tenant's assets (each a "Tenant's Representative") shall have no greater
right to assume or assign this Lease or any interest in this Lease, or to sub
lease any of the Premises than accorded to Tenant in Article 9, except to
the extent Landlord shall be required to permit such assumption,
assignment or sublease by the provisions of such Debtor's Law. Without
14
limitation of the generality of the foregoing, any right of any Tenant's
Representative to assume or assign this Lease or to sublease any of the
Premises shall be subject to the conditions that:
18.1.1.1. Such Debtor's Law shall provide to Tenant's
Representative a right of assumption of this Lease which
Tenant's Representative shall have timely exercised and
Tenant's Representative shall have fully cured any default
of Tenant under this Lease.
18.1.1.2. Tenant's Representative or the proposed assignee, as the
case shall be, shall have deposited with Landlord as
security for the timely payment of rent an amount equal to
three months' rent and other monetary charges accruing
under this Lease; and shall have provided Landlord with
adequate other assurance of the future performance of the
obligations of the Tenant under this Lease. Without
limitation, such assurances shall include, at least, in the
case of assumption of this Lease, demonstration to the
satisfaction of the Landlord that Tenant's Representative
has and will continue to have sufficient unencumbered
assets after the payment of all secured obligations and
administrative expenses to assure Landlord that Tenant's
Representative will have sufficient funds to fulfill the
obligations of Tenant under this Lease; and, in the case of
assignment, submission of current financial statements of
the proposed assignee, audited by an independent certified
public accountant reasonably acceptable to Landlord and
showing a net worth and working capital in amounts
determined by Landlord to be sufficient to assure the future
performance by such assignee of all of the Tenant's
obligations under this Lease.
18.1.1.3. The assumption or any contemplated assignment of this
Lease or subleasing of any part of the Premises, as shall be
the case, will not breach any provision in any other lease,
mortgage, financing agreement or other agreement by
which Landlord is bound.
18.1.1.4. Landlord shall have no right under Article 9 to refuse
consent to the proposed assignment or sublease by reason
of the identity or nature of the proposed assignee or
sublessee or the proposed use of the Premises concerned.
15
19. QUIET ENJOYMENT.
Landlord represents and warrants that it has full right and authority to enter into this
Lease and that Tenant, while paying the rental and performing its other covenants and
agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the
Premises for the Term without hindrance or molestation from Landlord subject to the
terms and provisions of this Lease. Landlord shall not be liable for any interference or
disturbance by other tenants or third persons, nor shall Tenant be released from any of the
obligations of this Lease because of such interference or disturbance.
20. DAMAGE BY FIRE, ETC.
20.1. In the event that the Premises is damaged by fire or other cause Landlord shall
have the option of either terminating the Lease immediately and be under no
obligation to rebuild the Premises or continue the Lease and rebuild the Premises.
Within forty-five (45) days from the date of such damage, Landlord shall notify
Tenant, in writing, of Landlord's decision to rebuild the Premises or terminate the
Lease. If Landlord decides to rebuild the Premises, Landlord shall within forty-
five (45) days, notify Tenant of Landlord's reasonable estimation of the length of
time within which material restoration can be made, and Landlord's determination
shall be binding on Tenant. For purposes of this Lease, the Premises shall be
deemed"materially restored" if they are in such condition as would not prevent or
materially interfere with Tenant's use of the Premises for the purpose for which it
was being used immediately before such damage.
20.2. If the Premises can be materially restored within ninety days (90), in Landlord's
reasonable estimation, this Lease shall remain in full force and effect, except that
Tenant shall be entitled to a proportionate abatement in rent, including any taxes
or any other Additional Rent under this Lease, from the date of such damage.
Such abatement of rent shall be made pro rata in accordance with the extent to
which the damage and the making of such repairs shall interfere with the use and
occupancy by Tenant of the Premises from time to time.
20.3. If the Premises cannot be repaired within ninety (90) days, in Landlord's
reasonable estimation, Tenant shall have the option of giving the Landlord, at any
time within sixty (60) days after such damage, notice terminating this Lease as of
the date of such damage. In the event of the giving of such notice, this Lease
shall expire and all interest of the Tenant in the Premises shall terminate as of the
date of such damage as if such date had been originally fixed in this Lease for the
expiration of the Term.
20.4. In the event that neither Landlord nor Tenant exercises its option to terminate this
Lease, then Landlord shall repair or restore such damage, this Lease continuing in
full force and effect, and the rent hereunder shall be proportionately abated as
provided in Section 20.2.
16
20.5. Landlord shall not be required to repair or replace any damage or loss by or from
fire or other cause to any panelings, decorations, partitions, additions, railings,
ceilings, floor coverings, office fixtures or any other property or improvements
installed on the Premises or belonging to Tenant. If any damage by fire or other
cause is the result of the intentional act, or negligence of Tenant, Landlord shall
be under no obligation to repair the Premises and Tenant shall be liable for any
such damages. Any insurance which may be carried by Landlord or Tenant
against loss or damage to the Premises shall be for the sole benefit of the party
carrying such insurance and under its sole control.
20.6. In the event that Landlord should fail to complete such repairs and material
restoration within thirty(30) days after the date estimated by Landlord pursuant to
Section 20.1, Tenant may at its option and as its sole remedy terminate this Lease
by delivering written notice to Landlord, within thirty (30) days after the
expiration of said period of time, whereupon the Lease shall end on the date of
such notice or such later date fixed in such notice as if the date of such notice was
the date originally fixed in this Lease for the expiration of the Term; provided,
however, that if construction is delayed because of changes, deletions or additions
in construction requested by Tenant, strikes, lockouts, casualties, Acts of God,
war, material or labor shortages, government regulation or control or other causes
beyond the reasonable control of Landlord, the period for restoration, repair or
rebuilding shall be extended for the amount of time Landlord is so delayed.
20.7. Notwithstanding anything to the contrary contained in this Article: (a) Landlord
shall not have any obligation whatsoever to repair, reconstruct, or restore the
Premises when the damages resulting from any casualty covered by the provisions
of this Article 20 occur during the last twelve (12) months of the Term or any
extension thereof, but if Landlord determines not to repair such damages Landlord
shall notify Tenant and if such damages shall render any material portion of the
Premises untenantable Tenant shall have the right to terminate this Lease by
notice to Landlord within thirty (30) days after receipt of Landlord's ` notice; and
(b) in the event the holder of any indebtedness secured by a mortgage or deed of
trust covering the Premises requires that any insurance proceeds be applied to
such indebtedness, then Landlord shall have the right to terminate this Lease by
delivering written notice of termination to Tenant within thirty (30) days after
such requirement is made by any such holder, whereupon this Lease shall end on
the date of such damage as if the date of such damage were the date originally
fixed in this Lease for the expiration of the term.
20.8. In the event of any damage or destruction to the Premises by any peril covered by
the provisions of this Article 20, it shall be Tenant's responsibility to properly
secure the Premises and upon notice from Landlord to remove forthwith, at its
sole cost and expense, such portion of all of the property belonging to Tenant or
its licensees from such portion or all of the Premises as Landlord shall request.
17
21. EMINENT DOMAIN.
If all or any substantial part of the Premises shall be taken or appropriated by any public or
quasi-public authority under the power of eminent domain, or conveyance in lieu of such
appropriation, either party to this Lease shall have the right, at its option, of giving the
other, at any time within thirty (30) days after such taking, notice terminating this Lease,
except that Tenant may only terminate this Lease by reason of taking or appropriation, if
such taking or appropriation shall be so substantial as to interfere with Tenant's use and
occupancy of the Premises. If neither party to this Lease shall so elect to terminate this
Lease, the rental thereafter to be paid shall be adjusted on a fair and equitable basis under
the circumstances. In addition to the rights of Landlord above, if any substantial part of
the Premises shall be taken or appropriated by any public or quasi-public authority under
the power of eminent domain or conveyance in lieu thereof, and regardless of whether the
Premises or any part thereof are so taken or appropriated, Landlord shall have the right, at
its sole option, to terminate this Lease. Landlord shall be entitled to any and all income,
rent, award, or any interest whatsoever in or upon any such sum, which may be paid or
made in connection with any such public or quasi-public use or purpose, and Tenant
hereby assigns to Landlord any interest it may have in or claim to all or any part of such
sums, other than any separate award which may be made with respect to Tenant's trade
fixtures and moving expenses; Tenant shall make no claim for the value of any unexpired
Term.
22. SALE BY LANDLORD.
In event of a sale or conveyance by Landlord of the Premises, the same shall operate to
release Landlord from any future liability upon any of the covenants or conditions,
expressed or implied, contained in this Lease in favor of Tenant, and in such event
Tenant agrees to look solely to the ability of the successor interest of Landlord in and to
this Lease. Except as set forth in this Article 22, this Lease shall not be affected by any
such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has
been given by Tenant to secure the faithful performance of any of the covenants of this
Lease, Landlord may transfer or deliver said security, as such, to Landlord's successor in
interest and thereupon Landlord shall be discharged from any further liability with regard
to said security.
23. ESTOPPEL CERTIFICATES.
Within ten (10) business days following any written request which Landlord may make
from time to time, Tenant shall execute and deliver to Landlord or mortgagee or
prospective mortgagee a sworn statement certifying: (a) the date of commencement of
this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if
there have been modifications to this Lease, that this lease is in full force and effect, as
modified, and stating the date and nature of such modifications); (c) the date to which the
rent and other sums payable under this Lease have been paid; (d) the fact that there are no
18
known, current defaults under this Lease by either Landlord or Tenant except as specified
in Tenant's statement; and (e) such other matters as may be reasonably requested by
Landlord. Landlord and Tenant intend that any statement delivered pursuant to this
Article 23 may be relied upon by any mortgagee, beneficiary or purchaser and Tenant
shall be liable for all loss, cost or expense resulting from the failure of any sale or funding
of any loan caused by any material misstatement contained in such estoppel certificate.
Tenant irrevocably agrees that if Tenant fails to execute and deliver such certificate
within such ten (10) day period Landlord or Landlord's beneficiary or agent may execute
and deliver such certificate on Tenant's behalf, and that such certificate shall be fully
binding on Tenant.
24. SURRENDER OF PREMISES.
24.1. Tenant shall, at least thirty (30) days before the last day of the Term, arrange to
meet Landlord for a joint inspection of the Premises. In the event of Tenant's
failure to arrange such joint inspection to be held prior to vacating the Premises,
Landlord's inspection at or after Tenant's vacating the Premises shall be
conclusively deemed correct for purposes of determining Tenant's responsibility
for repairs and restoration.
24.2. At the end of the Term or any renewal of the Term or other sooner termination of
this Lease, Tenant will peaceably deliver up to Landlord possession of the
Premises, together with all improvements or additions upon or belonging to the
same, by whom so ever made, in the same conditions received or first installed,
broom clean and free of all debris, excepting only ordinary wear and tear and
damage by fire or other casualty. Tenant may, and at Landlord's request shall, at
Tenant's sole cost, remove upon termination of this Lease, any and all furniture,
furnishings, movable partitions of less than full height from floor to ceiling, trade
fixtures and other property installed by Tenant, title to which shall not be in or
pass automatically to Landlord upon such termination, repairing all damage
caused by such removal. Property not so removed shall, unless requested to be
removed, be deemed abandoned by the Tenant and title to the same shall
thereupon pass to Landlord under this Lease as by a bill of sale. All other
alterations, additions and improvements in, on or to the Premises shall be dealt
with and disposed of as provided in Article 6 hereof.
24.3. All obligations of Tenant under this Lease not fully performed as of the expiration
or earlier termination of the Term shall survive the expiration or earlier
termination of the Term. In the event that Tenant's failure to perform prevents
Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant
to the provisions of Article 13 until such performance is complete. Upon the
expiration or earlier termination of the Term, Tenant shall pay to Landlord the
amount, as estimated by Landlord, necessary to repair and restore the Premises as
provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts
due or to become due to Landlord. All such amounts shall be used and held by
19
Landlord for payment of such obligations of Tenant, with Tenant being liable for
any additional costs upon demand by Landlord, or with any excess to be returned
to Tenant after all such obligations have been determined and satisfied. Any
otherwise unused Security Deposit shall be credited against the amount payable
by Tenant under this Lease.
25. NOTICES.
Any notice or document required or permitted to be delivered under this Lease shall be
addressed to the intended recipient, shall be transmitted personally, by fully prepaid
registered or certified United States Mail return receipt requested, or by reputable
independent contract delivery service furnishing a written record of attempted or actual
delivery, and shall be deemed to be delivered when tendered for delivery to the addressee
at its address set forth on the Reference Page, or at such other address as it has then last
specified by written notice delivered in accordance with this Article 25.
26. TAXES AND ASSESSMENTS.
Landlord is responsible to pay 1) real estate taxes on the Premises that are due and
payable in 2008; 2) special assessments that are levied and pending against the Premises
in 2008; and 3) personal property taxes on property located on the Premises that are
assessed in 2008 and payable in 2009.
27. DEFINED TERMS AND HEADINGS.
The Article headings shown in this Lease are for convenience of reference and shall in no
way define, increase, limit or describe the scope or intent of any provision of this Lease.
Any indemnification or insurance of Landlord shall apply to and inure to the benefit of
Landlord and any of its elected or appointed officials, employees, officers, directors, and
agents. Any option granted to Landlord shall also include or be exercisable by
Landlord's trustee, beneficiary, agents and employees, as the case may be. In any case
where this Lease is signed by more than one person, the obligations under this Lease shall
be joint and several. The terms "Tenant" and "Landlord" or any pronoun used in place
thereof shall indicate and include the masculine or feminine, the singular or plural
number, individuals, firms or corporations, and each of their respective successors,
executors, administrators and permitted assigns, according to the context hereof Tenant
hereby accepts and agrees to be bound by the figures for the space footage of the
Premises shown on the Reference Page.
28. TENANT'S AUTHORITY.
If Tenant signs as a corporation Tenant represents and warrants that Tenant has been and
is qualified to do business in the state in which the Premises is located, that the
corporation has full right and authority to enter into this Lease, and that all persons
signing on behalf of the corporation were authorized to do so by appropriate corporate
20
actions. If Tenant signs as a partnership, trust or other legal entity, each of the persons
executing this Lease on behalf of Tenant represents and warrants that Tenant has
complied with all applicable laws, rules and governmental regulations relative to its right
to do business in the state and that such entity on behalf of the Tenant was authorized to
do so by any and all appropriate partnership, trust or other actions. Tenant shall furnish
to Landlord prior to execution of this Lease, a corporate resolution, proof of due
authorization by partners, or other appropriate documentation evidencing the due
authorization of Tenant to enter into this Lease.
29. TIME AND APPLICABLE LAW.
Time is of the essence of this Lease and all of its provisions. This Lease shall in all
respects be Governed by the laws of the State of Minnesota and Tenant acknowledges
that the exclusive venue for any action arising out of or related to this Lease shall be the
Hennepin County District Court for the State of Minnesota.
30. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Article 10, the terms, covenants and conditions contained in
this Lease shall be binding upon and inure to the benefit of the heirs, successors,
executors, administrators and assigns of the parties to this Lease.
31. ENTIRE AGREEMENT.
This Lease, together with its exhibits, contains all agreements of the parties to this Lease
and supersedes and replaces any previous negotiations and leases. There have been no
representations made by the Landlord or understandings made between the parties other
than those set forth in this Lease and its exhibits. This Lease may not be modified except
by a written instrument duly executed by the parties to this Lease.
32. EXAMINATION NOT OPTION.
Submission of this Lease shall not be deemed to be a reservation of the Premises.
Landlord shall not be bound by this Lease until it has received a copy of this Lease duly
executed by Tenant and has delivered to Tenant a copy of this Lease duly executed by
Landlord, and until such delivery Landlord reserves the right to exhibit and lease the
Premises to other prospective tenants. Notwithstanding anything contained in this Lease
to the contrary, Landlord may withhold delivery of possession of the Premises from
Tenant until such time as Tenant has paid to Landlord the first month's rent required by
Article 2 and any other sum owed pursuant to this Lease.
21
33. RECORDATION.
Tenant shall not record or register this Lease or a short form memorandum hereof without
the prior written consent of Landlord, and then shall pay all charges and taxes incident
such recording or registration.
34. LIMITATION OF LIABILITY.
Redress for any claim against Landlord under this Lease shall be limited to and
enforceable only against and to the extent of Landlord's interest in the Premises. The
obligations of Landlord under this Lease are not intended to and shall not be personally
binding on, nor shall any resort be had to the private properties of any of the elected or
appointed officials, employees, officers, directors, or agents of Tenant.
LANDLORD: TENANT:
CITY OF EDEN PRAIRIE PURE GRACE, LLC
By: By:
Phil Young, Its Mayor
Its:
By:
Scott H. Neal, Its City Manager
Dated: Dated:
22
EXHIBIT A
attached to and made a part of Lease bearing the
Lease Reference Date of , 2009
Between, City of Eden Prairie, as Landlord and
Pure Grace, LLC, as Tenant
PREMISES LEGAL DESCRIPTION
That part of the Southeast 1/4 of the Northeast 1/4 of Section 17, Township 116,
Range 22, described as follows: Commencing at the NW corner of said Quarter-
Quarter; thence South along the West line of said quarter-quarter distant 316 feet to
the actual point of the beginning; thence East parallel with the North line of said
quarter-quarter distant 357.0 feet; thence South parallel with the West line of said
quarter-quarter distant 242 feet; thence West parallel with the North line of said
quarter-quarter distant 357.0 feet; thence North along the West line of said quarter-
quarter distant 242.0 feet to the point of the beginning, according the Government
Survey, except road.
23
EXHIBIT B
attached to and made a part of Lease bearing the
Lease Reference Date of , 2009
Between, City of Eden Prairie, as Landlord and
Pure Grace, LLC, as Tenant
RULES AND REGULATIONS
1. Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale
(whether real or fictitious) unless directed by order of a court of competent jurisdiction, or
conduct or permit any legitimate or fictitious "Going Out of Business" sale nor represent or
advertise that it regularly or customarily sells merchandise at "manufacturer's, " "distributor's, "
or "wholesale, " "warehouse, " or similar prices or other than at "off price" or at "retail" prices;
(ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area
outside the Premises for solicitation or for the sale or display of any merchandise or for any other
business, occupation or undertaking, or for outdoor public meetings, circus or other
entertainment (except for promotional activities in cooperation with the management of the
Premises or an association of merchants within the Premises); (iii) use or permit to be used any
flickering lights or any sound broadcasting or amplifying device which can be heard outside of
the Premises; (iv) operate or cause to be operated any "elephant trains" or similar transportation
devices; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or
use or permit the use of any portion of the Premises as regular living quarters, sleeping
apartments or lodging rooms or for the conduct of any manufacturing business.
2. Tenant shall at all times keep the Premises at a temperature sufficiently high to
prevent freezing of water pipes and fixtures. Tenant shall not, nor shall Tenant at any time
permit, any occupant of the Premises to: (1) use, operate or maintain the Premises in such
manner that any rates for any insurance carried by Landlord, or the occupant of any premises
within the Premises, shall thereby be increased; or (ii) commit waste, perform any acts or carry
on any practices which may injure the Premises or be a nuisance or menace to other tenants in
the Premises.
3. Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways,
loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort
stations, or stairways of the Premises. No Tenant and no employee or invitee of any Tenant shall
go upon the roof of the Premises.
4. If Tenant requires telegraphic, telephonic, burglar alarm or similar services, it
shall first obtain, and comply with Landlord's instructions in their installation. Landlord shall
furnish any such instructions within five (5) business days after request from Tenant.
5. Tenant shall not place a load upon any floor which exceeds the designed load per
square foot or the load permitted by law. Landlord shall have the right to prescribe the weight,
size and position of all equipment, materials, furniture or other property brought into the
24
Premises. Heavy objects shall stand on such platforms as determined by Landlord to be
necessary to properly distribute the weight. Business machines and mechanical equipment
belonging to Tenant which cause noise or vibration that may be transmitted to the structure of
Tenant's store or to any other space to such a degree as to be objectionable to Landlord or to any
tenants shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators
or other similar devices. The persons employed to move equipment in or out of Tenant's store
must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any
equipment or other property from any cause, and all damage done to the Premises by maintaining
or moving such equipment or other property shall be repaired at the expense of Tenant.
6. The toilet rooms, toilets,urinals, wash bowls and other apparatus shall not be used
for any purpose other than that for which they were constructed, no foreign substance of any
kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the Tenant who, or whose employees or
invitees, shall have caused it.
7. Tenant shall not install any radio or television antenna, loudspeaker or other
device on the roof or exterior walls of Tenant's store except the satellite dish currently being
used by Tenant without the prior written consent of Landlord, which shall not be unreasonably
withheld. Tenant shall not interfere with radio or television broadcasting or reception from or in
the Premises or elsewhere.
8. Tenant shall not install, maintain or operate upon the Premises or in any Common
Areas under the exclusive control of Tenant any vending machine or video game without
Landlord's prior written consent.
9. Tenant shall store all of its trash and garbage in containers within the Premises.
Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in
the ordinary and customary manner of trash and garbage disposal. All garbage and refuse
disposal shall be made in accordance with directions issued from time to time by Landlord.
10. Tenant shall not use in any space any hand trucks except those equipped with the
rubber tires and side guards or such other material handling equipment as Landlord may approve.
Tenant shall not bring any other vehicles of any kind into Tenant's store.
11. Landlord may waive any one or more of these Rules and Regulations, but no such
waiver by Landlord shall prevent Landlord from thereafter enforcing any such Rules and
Regulations of the Premises.
12. These Rules and Regulations are in addition to, and shall not be construed to in
any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions
of any lease of premises in the Premises.
13. Tenant shall be responsible for the observance of all of the foregoing rules by
Tenant's employees, agents, clients, customers, invitees and guests.
25
EXHIBIT C
attached to and made a part of Lease bearing the
Lease Reference Date of , 2008
Between, City of Eden Prairie, as Landlord and
Pure Grace, LLC, as Tenant
MUNICIPAL CONTRACT PROVISIONS
1. Definitions. The following definitions apply to this Appendix.
1.1 "City"means the City of Eden Prairie.
1.2 "Contracting Party"means Pure Grace, LLC.
1.3 "Contract" means Lease bearing the reference date of , 2008
(City of Eden Prairie as Landlord and Pure Grace, LLC as Tenant).
2. Data Practices Act. The Contracting Party shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. § 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contracting Party.
3. Audits. The books, records, documents, and accounting procedures and practices of the
Contracting Party or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six years
after the effective date of this Contract.
4. Worker's Compensation. Contracting Party represents and warrants that it has and will
maintain during the performance of this agreement worker's compensation insurance
coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of
insurance or the written order of the Commissioner of Commerce permitting self
insurance of worker's compensation insurance coverage provided to the City prior to
execution of this agreement is current and in force and effect.
5. Discrimination. In performance of this contract, the Contracting Party shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin,
sex, marital status, status with regards to public assistance, disability, sexual orientation,
or age against any employee of the Contracting Party, any subcontractor of the
Contracting Party, or any applicant for employment. The Contracting Party shall include
a similar provision in all contracts with subcontractors to this contract. The Contracting
Party further agrees to comply with all aspects of the Minnesota Human Rights Act,
Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans
with Disabilities Act of 1990.
26
6. Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a financial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
7. Limitation of Remedies In the event of a breach of the Contract by City, the Contracting
Party shall not be entitled to recover punitive, special or consequential damages or
damages for loss of business.
P:\Aome\EP\CEEFAY Leases\2007 11 20 Puregrace Lease,2007 11 14 changes accepted,2007 11 20 marked.doc
27
Scott Kipp
From: David Lindahl
Sent: Monday, March 01, 2010 10:02 AM
To: Glennis Anderson
Cc: Scott Kipp; Steve Durham
Subject: RE: Dunn Brothers Smith-Douglas-More location
Ms.Anderson,
Thank?you for sharing your concerns with me. I have duly noted them and will pass them on to Scott Kipp in our
Planning Division who is coordinating the Conditional Use Permit.Also, I'll copy Steve Durham in zoning administration
about the sign to see if it's permitted.One of us will get bath to you with information about the sign.
David
From: Glennis Anderson [mailto:Glennis@GlennisAndersonDesign.com]
Sent: Friday, February 26, 2010 4:31 PM
To: David Lindahl
Subject: Dunn Brothers Smith-Douglas-More location
Hello Dave,
jay Lotthammer was kind enough to give me your e-mail so that I might put some concerns in writing
regarding the conditional use permit for Dunn brothers in the Smith-Douglas-Vlore house.
I have two concerns:
] .There is a red neon 'open' sign in an upstairs window.While it is not very visible to those driving
by on r den Prairie Koad its red glare is very visible to the second floor of all of the town-homes
•
across the street from it. At times this light appeared to have been left on all night. I had a friend
touring my home For the first time one early evening(also an El' resident) who stated it looked like
'the little red whore house on the prairie'from my windows.And I thor.rght; it certainly does. So
would like them to place the red neon down at street level where it could be seen better by those
driving by and not seen from the second floor- windows across the street or get rid of it.
2. On the sr.rbiect of the conditional use permit allowing outdoor music:
The music isn't good music—mostly amateurs, I would guess playing for practice—If they could book
the MN orchestra I would not be complaining.
They have had bands with loudspeakers on the road side front porch or roadside lawn. It was very
unpleasant. I recall neighbors commenting or rolling their eyes at the bad sounding noise coming
from across the street when we would meet in the yard for brief conversation. My concern is: If that
is the result of-them not having the option in their conditional use permit,what would it be like if they
have a permit allowing it? And now they serve wine which might well add to the noise level of the
1
audience. Is it possible. that they could somehow he limited to small groups without a sound system
on the patio at the pergola (roughly,the south side) only.?There is really no reason,given the close
guar-hers on that patio that a sound system should be needed for the patrons to hear the music.
Thank you in advance for taking my concerns and the concerns expressed by my neighbors into
consideration prior to making a decision on the conditions of their use permit.
Sincerely,
Glennis Anderson
Mail: 8064 Curtis Lane
Eden Prairie, Mn 55347
Phone:952 833 0731
E-mail:glennis@glennisandersondesign.com
www.GlennisAndersonDesign.com
2
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Police Chief March 9, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.F.1.
Rob Reynolds, Chief Police Accept 2009 Homeland Security
Police Grant for the amount of$67,000
Requested Action
Move to: Accept the 2009 Homeland Security Grant#2009-MNJAC-00513 for the amount of
$67,000.
Synopsis
The City of Eden Prairie has been awarded a 2009 Homeland Security Grant for the amount of
$67,000. The grant will be used to fund a part-time contracted employee with MN Joint
Analysis Center(MNJAC).
Attachment
Agreement
r4tr e\
Grant Agreement •
•
Minnesota Department of Public Safety("State") Grant Program:
Homeland Security and Emergency Management Division 2009 Minnesota Joint Analysis Center(MNJAC)
444 Cedar Street, Suite 223
St Paul,Minnesota 55101 Grant Agreement No.: 2009-MNJAC-00513
Grantee: Grant Agreement Term:.
City of Eden Prairie Effective Date: 9/1/2009
8080 Mitchell Road Expiration Date: 3/31/2012
Eden Prairie,Minnesota 55344
Grantee's Authorized Representative: Grant Agreement Amount:
Sonja Ritchie Roy, Projects Coordinator Original Agreement $ 67,000.00
8080 Mitchell Road Matching Requirement $ .00
Eden Prairie,Minnesota 55344
Phone: (952)949-6232
Email: sritchieroy@edenprairie.org
State's Authorized Representative: Federal Funding: CFDA 97.067
Kathleen Gaida, Grants Specialist State Funding:
Homeland Security and Emergency Management Division Special Conditions:None
444 Cedar Street, Suite 223
St Paul,Minnesota 55101
Phone: (651)201-7422
Email: kathleen.gaida@state.mn.us
Under Minn. Stat. § 299A.01, Subd 2(4)the State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16C.05, subd.2,whichever is later. Once this grant agreement is fully executed,the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled,whichever occurs
first.
The Grantee,who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved 2009
Minnesota Joint Analysis Center(IVINJAC)Application("Application")which is incorporated by reference into
this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul,Minnesota 55101. The
Grantee shall also comply with all requirements referenced in the 2009 Minnesota Joint Analysis Center
(MNJAC) Guidelines and Application which includes the Terms.and Conditions and Grant Program Guidelines
(www.wego.dps.state.mn.us),which are incorporated by reference into this grant agreement.
Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A,which is attached
and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines,
the Grantee will submit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the
Grantee.
DPS Grant Agreement non-state(09/08)
` j\
Grant Agreement
Matching Requirements: (If applicable.)As stated in the Grantee's Application,the Grantee certifies that the
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee's Application and Grant Program Guidance,the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over$100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn.Stat.§§16A.15 and 16C.05. By:
(with delegated authority)
Signed: Title:
Date: - Date: -
Grant Agreement No. 2009-MNJAC-00513/20000014262
. NTEE •
ae G, tee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee
as required by applicable articles,bylaws,resolutions,or ordinances.
By:
Title:
Date:
By:
Distribution: DPS/FAS
Title: Grantee
State's Authorized Representative
Date:
DPS Grant Agreement non-state(09/08)
. .
. .
Minnesota Department of Public Safety . 444 Cedar Street, Suite 223 •
Homeland Security and Emergency Management Division Saint Paul, MN 55101
Grantee Name: Eden Prairie, City of • . Applidaiton Number: •A-MNJAC-23606-2009-10251 •
Program: Urban Area Security Initiative/Investment#05: MNJAC . •
•
. .
Organization . . '• •
•
• '
• ,
Description Award
. ,
. . •
wages and benefits Wages and benefits for an Analyst to work in the MNJAC. $63,000.00 .
. ,
Sub-Total • , - $63,000.00
.
'
. .
. .
. .
• _ •
. . . .
' Training • ' .
. . • .
• . .
. .
. ' •
Description Award . •
' • .
• . .
Travel and registration Travel and registration costs for conferences and trainingior personnel assigned from Eden Prairie. $4,000.00
costs. • .
•
Sub-Total $4,000.00
. .
. '
'
Total(this program $67,000.00 .
. •
component) '
Allocation . . • $67,000.00 • •
•
. ,
_ • . •
Balance . , . $0.00
• •
- .
• . - . . . .
•
- .
, .
. • , M
. ' • . 101.'
i;'.. . i..4.
. .
. .
• •
. ,
. . .
HSEM Grants Program:Grant Budget Detail - . .
,
, • •
. ' . . .