HomeMy WebLinkAboutCity Council - 11/16/2010 AGENDA
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY, NOVEMBER 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: Interim City Manager Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah,
Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters
BUDGET ADVISORY COMMISSION: Annette Agner, Eapen Chacko, Richard King—Vice
Chair, Jon Muilenburg, Richard Proops, Gwen Schultz, Don Uram—Chair
Heritage Room II
I. JOINT MEETING WITH THE BUDGET ADVISORY COMMISSION
Council Chamber
II. OPEN PODIUM
A. Nancy Tyra-Lukens—City Manager Search
III. ADJOURNMENT
Memorandum Mit
EDEN
TO: Mayor and City Council PRAI R I E
FROM: Budget Advisory Commission LIVE•W D R K•D R E A M
DATE: November 16,2010
RE: 2011 General Fund Operating Budget and 2011 to 2015 CIP
2011 General Fund Operating Budget
The BAC made an original recommendation regarding the 2011 budget to the City Council in
September. The recommendation focused on the City maintaining a flat budget year over year
and that the 2011 budget remain flat. The BAC recommended that a two percent (2%) wage
adjustment remain in the budget and that reductions be made in other areas to accomplish a
flat budget. Rather than suggest specific line item reductions, the BAC felt that the
department directors should be tasked with determining the necessary adjustments and that
a revised budget be presented to the BAC for review and comment.
At its meeting on October 26th, the BAC further refined its recommendation. The BAC still
recommends keeping the 2011 budget flat over 2010 and keeping the (2%) wage adjustments
in the budget. In addition, the BAC recommends that the City Council maintain the tax levy
approved in September to reduce the 2011 budget deficit. Not only will this reduce the 2011
operating budget deficit it will help to reduce future deficits and minimize the need for
substantial tax increases and/or budget cuts in the future.
The motion in the unapproved minutes reads:
MOTION: Schultz moved, seconded by Muilenburg, to forward to the City Council the following
recommendation for the 2011 operating budget: Zero change in spending from 2010 to 2011
(0% change in spending); $751,932 increase in the tax levy from 2010 to 2011
(2.61% increase in tax levy); an operating deficit of approximately $600,000. Motion carried
5-0.
2011 to 2015 Capital Improvement Plan
The BAC supports the projects in the CIP and recognizes that about 95% of the projects are for
maintenance. It is important that the City keep up on the maintenance of roads, parks
equipment, and City buildings. Currently, the CIP does not have sustainable funding. Current
funding sources will not cover expenses and the fund balance will be depleted in a few years.
The BAC recommends that various funding sources be explored including the following:
• Consider increasing the tax levy back to previous levels,when the economy improves.
• Consider alternative revenue sources including franchise fees.
• Consider using special assessments for road improvements versus general CIP dollars
to pay for projects.
It is critical to provide funding for the maintenance of the City's assets. Also, it is important to
recognize that any time new assets are added to the system, there are future maintenance
costs that must be added to the capital improvement plan.
Conclusion
The BAC understands the concerns of the City's taxpayers and elected officials in light of the
current economic conditions but feels that the recommendations presented are prudent. The
BAC would like to emphasize however that the process of reducing the operating deficit will
be on-going and require a combination of budget reductions and tax increases. As important
will be the development of a long term financing plan for the Capital Improvements Program.
In closing, the BAC would like to thank the staff for their work and support of the BAC's
efforts.
EDEN Tax A For Tax A For 2010 2011
Spending A Spending A Tax Levy A Tax Levy A MSFRT MSFRT General General
PRAIRIE ($) cm ($) (2010- 2011 2010- 2011 2010-2011 2010-2011 2010- 2010- Fund Fundcm2011 ($) 2011 (%) Operating Operating
uve•woaK•oREam Deficit ($) Deficit ($)
Plan 1.
Authorized 2011 Budget $1,051,102 2.8% $751,932 2.61% $47 4.36% ($976,084) ($1,642,688)
(09/2010)
Plan 1-A
BAC Recommendation $0 0% $751,932 2.61% $47 4.36% ($976,084) ($591,586)
(10/2010)
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 16, 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: Interim City Manager 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
A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 19, 2010
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19, 2010
C. SPECIAL CITY COUNCIL MEETING HELD NOVEMBER 9, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.03 SUBD. 3H, RELATING TO SPECIAL REQUIREMENTS
FOR OFF STREET PARKING AND OFF STREET LOADING FACILITIES
AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY
CITY COUNCIL AGENDA
November 16, 2010
Page 2
D. ADOPT RESOLUTION RELATING TO ISSUANCE OF GENERAL
OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND
BONDS, SERIES 2010A FOR$1,190,000 (Sin2letree Lane Project)
E. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES
F. APPROVE PURCHASE OF THREE HP REPLACEMENT SERVERS
G. APPROVE RELEASE OF AFFORDABLE HOUSING REGULATORY
AGREEMENT BETWEEN THE CITY AND RYLAND GROUP
H. EXECUTE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR
ACQUISITION AND USE OF FIREFIGHTING EQUIPMENT AND
SERVICES
I. APPROVE FIRST AMENDMENT TO LEASE BETWEEN THE CITY AND
HENNEPIN HEALTH CARE SYSTEMS (HHCS)
J. APPROVE EXECUTION OF PARTIAL RELEASES OF LOT 1, BLOCK 1,
AUTO WORLD ADDITION FROM SOLOMON REAL ESTATE GROUP
DEVELOPMENT AGREEMENT,EDEN ROAD MAINTENANCE AGREEMENT
AND ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS
AGREEMENT
IX. PUBLIC HEARINGS /MEETINGS
A. PRECIOUS METAL DEALER'S LICENSE FOR GOLD BUYERS AT THE
MALL,LLC
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. BUDGET ADVISORY COMMISSION
B. BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. 2011 Budget Update
CITY COUNCIL AGENDA
November 16, 2010
Page 3
2. City Manager Search Update
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
1. Flying Cloud Joint Airport Zoning Board Ordinance
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: November 12, 2010
TO: Mayor and City Council
FROM: Jay Lotthammer, Interim City Manager
RE: City Council Meeting for Tuesday,November 16, 2010
TUESDAY,NOVEMBER 16, 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
A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON
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, OCTOBER 19, 2010
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19, 2010
C. SPECIAL CITY COUNCIL MEETING HELD NOVEMBER 9, 2010
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-J on the Consent Calendar.
A. CLERK'S LICENSE LIST
ANNOTATED AGENDA
November 16,2010
Page 2
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.03 SUBD.3H,RELATING TO SPECIAL REQUIREMENTS FOR
OFF STREET PARKING AND OFF STREET LOADING FACILITIES AND
ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. ADOPT RESOLUTION DECLARING ABANDONED PROPERTY
D. ADOPT RESOLUTION RELATING TO ISSUANCE OF GENERAL
OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND
BONDS, SERIES 2010A FOR$1,190,000 (Sin2letree Lane Project)
E. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES
F. APPROVE PURCHASE OF THREE HP REPLACEMENT SERVERS
G. APPROVE RELEASE OF AFFORDABLE HOUSING REGULATORY
AGREEMENT BETWEEN THE CITY AND RYLAND GROUP
H. EXECUTE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR
ACQUISITION AND USE OF FIREFIGHTING EQUIPMENT AND
SERVICES
I. APPROVE FIRST AMENDMENT TO LEASE BETWEEN THE CITY AND
HENNEPIN HEALTH CARE SYSTEMS (HHCS)
J. APPROVE EXECUTION OF PARTIAL RELEASES OF LOT 1, BLOCK 1,AUTO
WORLD ADDITION FROM SOLOMON REAL ESTATE GROUP
DEVELOPMENT AGREEMENT, EDEN ROAD MAINTENANCE AGREEMENT
AND ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS AGREEMENT
IX. PUBLIC HEARINGS/MEETINGS
A. PRECIOUS METAL DEALER'S LICENSE FOR GOLD BUYERS AT THE
MALL,LLC
Official notice of this public hearing was published in the November 4, 2010,Eden
Prairie News.
Synopsis: Gold Buyers at the Mall, located at 8251 Flying Cloud Drive, Suite 125,
has applied for a Precious Metal Dealer's License. A public hearing for the issuance
of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10.
Notice of the public hearing was published in the November 4, 2010 Eden Prairie
News and mailed to 131 property owners. A precious metal dealer is defined as any
person engaging in the business of buying secondhand items containing precious
metal, including, but not limited to,jewelry, watches, eating utensils, candlesticks,
and religious and decorative objects. The Police Department has completed
background investigations on the owners and business and recommends approval of
this license.
ANNOTATED AGENDA
November 16,2010
Page 3
MOTION: Move to:
• Close the Public Hearing; and
• Approve the Precious Metal Dealer's License for Gold Buyers at the
Mall, LLC, DBA: Gold Buyers at the Mall
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. BUDGET ADVISORY COMMISSION
Synopsis: The City advertised for three vacancies on the Budget Advisory
Commission, with applications being taken from September 16 through October 15,
2010. Ten applicants applied for consideration to the BAC. Two Commissioners,
Dick Proops and Annette Agner, applied for reappointment. Commissioner Gwen
Schultz did not apply for reappointment. One applicant withdrew after the deadline.
Interviews for the BAC were held on Tuesday,November 9. A new BAC Orientation
session will be held in November or December 2010 in advance of the start of the
new BAC Commission terms scheduled to begin on January 1, 2011.
MOTION: Move to: Appoint to the Budget Advisory Commission Annette
Agner, Daniel Funk, and Michael Morris with terms to begin January 1,
2011, and end December 31, 2014.
B. BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR
Synopsis: Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to a City Commission. City Code Section
2.22, Subd. 5 Officers, states, "The Council shall 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."
MOTION: Move to appoint Rick King - Chair and Jon Muilenberg - Vice
Chair of the Budget Advisory Commission for 2011.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
ANNOTATED AGENDA
November 16, 2010
Page 4
B. REPORT OF CITY MANAGER
1. 2011 Budget Update
Staff is not requesting a formal action at this time, but would like
Council direction.
Synopsis: The Council will have had the opportunity at the workshop to hear
the Budget Advisory Commission' s(BAC) recommendations. Although staff
has not had the benefit of hearing the discussion between the BAC and the
City Council, an additional scenario that the council has previously requested
is a zero increase. The scenarios that will be presented and reviewed by staff
include:
Plan 1 Original 2011 Budget
Plan 1-A BAC Recommended Budget / Zero Increase Budget
Plan 1-B Wages and Health Insurance Costs.
Staff is hopeful the conversation at the workshop and the feedback generated
by the additional scenarios will give staff an indication of council members
desires to be considered at the December 7th Council meeting.
Background
The following Budget Scenarios are also presented in the attached Budget
Scenario Chart for comparative purpo .
Plan 1: Original 2011 Budget
Compared to the 2010 budget, the factors increasing the budget for 2011
include the fol l owing catagori es:
Duty Crew 240,000
Two Police Officers 156,000
Two Percent Wage I ncrease 272,000
Step I ncrocres 76,000
Health Insurance 175,000
Pension/FICA 156,000
Total $1,075,000
Plan 1-A: BAC Recommended Budget / Zero Increase Budget
This does not include any of the above items in the calculation. The increased
Pension / FICA contributions are mandated. If any of the other items were
included, corresponding reductions in other service areas would need to be
made. Any reduction or increase in the levy amount would have a
corresponding reaction in the General Fund Operating Deficit.
Plan 1-B: Wages and Health Insurance Costs
ANNOTATED AGENDA
November 16, 2010
Page 5
This plan shows an increase in spending over 2010 for the amounts that make
up Wage Adj ustments and Health Insurance Costs.
*The column (2010 General Fund Operating Deficit) shows a projected result
of ($976,084). Based on 2010 performance as of this date, staff believes this
deficit will be less. Management staff is analyzing the current performance
and the expected performance for the remainder of 2010 to determine a more
accurate projection.
Proposed Budget Timeline
November 16 Workshop with Budget Advisory Commission
November 16 Staff / Council Review and Feedback
December 7 2011 Budget Approval
December 21 If necessary
2. City Manager Search Update
Council direction to Mr. Albrecht is requested.
Synopsis: Mr. Greg Albrecht from M&A Executive Search will be in
attendance to update the City Council on search efforts and to discuss the time
line for the next phases of the search. The City Council selected Mr. Greg
Albrecht from M&A Executive Search to conduct a search process for the
City Manager position. The Council met with Mr. Albrecht as a part of a
workshop on Tuesday, October 19. In addition to discussing desired
qualifications and characteristics, Mr. Albrecht reviewed and presented a
possible time line for moving forward with the search and interview process.
Currently, Mr. Albrecht is in the candidate search process.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
1. Flying Cloud Joint Airport Zoning Board Ordinance
Synopsis: The Joint Airport Zoning Board has considered the FCM Zoning
Ordinance prepared by MAC. MAC desires that the Board approve the
Ordinance and forward it to the Commissioner of Transportation for his
approval. The Board directed that MAC and the City agree on the language of
the Ordinance prior to taking the requested action.
ANNOTATED AGENDA
November 16,2010
Page 6
The City previously agreed to be a part of the Joint Airport Zoning Board and
appointed two members of the Council to be its representatives on the Board.
MAC developed and presented to the Board a proposed FCM Zoning
Ordinance. After consultation with the Council the City Manager, City
Attorney and Staff have engaged in substantive discussions with MAC
regarding the language of the FCM Zoning Ordinance and the duties of the
Zoning Administrator. The FCM Zoning Ordinance attached to this cover
memo is the product of those discussions. The Ordinance designated the City
as the Zoning Administrator for property in Eden Prairie. The Ordinance
provides that in the event the Zoning Administrator does not administer the
FCM Zoning Ordinance, that the Executive Director of MAC is the Zoning
Administrator. The vast majority of the matters on which the Zoning
Administrator will act are mattes of objective height determination. MAC has
developed a software application that provides the necessary information to
the Zoning Administrator to make that determination on each parcel of
property located in the City. If the City did not serve as the Zoning
Administrator, a resident or developer filing a land use application with
Community Development Department or a permit application with the
Building Department would be required to also make application to and seek
approval from MAC. As to determinations other than height MAC will
commit to provide, when requested, timely advice to the Zoning
Administrator upon which the City may rely in making a determination on the
application under consideration. As such MAC desires to retain the language
of indemnification contained in the Indemnification and Cooperative
Agreement. The Indemnification and Cooperative Agreement is not up for
approval at this meeting.
MOTION: Move to advise the Flying Cloud Airport Joint Airport
Zoning Board that the City consents to forwarding the JAZB
Ordinance to the Commissioner of Transportation for review.
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP
& OPEN PODIUM
TUESDAY, OCTOBER 19, 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
Mayor Young was absent.
I. WORKING SESSION WITH M& A EXECUTIVE SEARCH REGARDING THE
CITY MANAGER SEARCH PROCESS
A. Finalize Qualification Survey
Greg Albrecht reviewed the results of the Qualification Survey. Albrecht asked
Council Members for areas in which they were willing to adjust their ratings.
Albrecht asked Council Members to review the draft Position Profile and e-mail him
with their approval or revisions.
B. Finalize Process and Timeline
City Manager Scott Neal said that November 11 is Veterans Day and City Offices
will be closed. Aho also said he will be out of town on November 11. Case asked
why the timeline is so rushed. Albrecht said he does not want to risk losing good
candidates to other cities. Aho agreed with Albrecht, and said candidates don't like
to be put on hold. Case said he is okay with pushing the November 11 meeting out a
week or two. There was general agreement on scheduling a work session on
Tuesday,November 30, for Albrecht to present his recommendation of the
candidates to the City Council. A 7:00 p.m. start time was set to accommodate
Mayor Young's schedule.
Nelson said the timeline feels rushed. She asked how Albrecht can make a
recommendation to the City Council on the day of the deadline for applications.
Albrecht said most candidates will apply well before the deadline. Nelson said she is
concerned about the City Council and staff trying to conduct the search process at
the same time they will be finalizing the 2011 budget. She said there may also be
changes on the Council due to the election.
Case suggested shooting for a February 1 date, and formulating a timeline working
backward from that date. Nelson said interviewing during Thanksgiving week is
problematic for people with families.
There was general agreement on setting Saturday, December 11, as the date for the
City Council to interview the top five or six candidates and narrow the field down to
the top two candidates. There was also preliminary discussion around scheduling
candidate interviews with department heads on December 13, and holding a meet
and greet for the candidates with the public and City staff on the same day.
Council Chamber
II. OPEN PODIUM
Abdullahi Muhamed said he has been a resident of Eden Prairie for 20 years. He told the
Council he is part of a group called Bridging the Gap, which holds activities for Somali
youth at Oak Point School. He said the group is looking for a facility for after school
programs. Council Member Case asked if there is anything the City Council can do to
facilitate their search. Council Member Duckstad said he is a member of the City/School
Facility Task Force, and he would be happy to present the group's request to the task force.
III. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 19, 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 Rick
Rosow and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Mayor Young called the meeting to order at 7:01 PM. All Council Members were present.
II. COLOR GUARD /PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Duckstad moved, seconded by Case, to approve the agenda. Motion carried
5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 5, 2010
MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City
Council workshop held Tuesday, October 5, 2010, as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 5, 2010
MOTION: Case moved, seconded by Duckstad, to approve the minutes of the City
Council meeting held Tuesday, October 5, 2010, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
A. PARKS,RECREATION & NATURAL RESOURCES COMMISSION
Geri Napuck, Chair of the Parks, Recreation &Natural Resources Commission,
reviewed the work done by the commission this year, including the grand opening of
the Observatory and the start of the Flying Cloud Fields expansion after the lease
agreement with MAC was concluded. She said this year they held joint meetings with
CITY COUNCIL MINUTES
October 19,2010
Page 2
the Arts Commission and the Conservation Commission.
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE PROPOSED MODIFICATIONS TO THE POLICY
GUIDELINES FOR COMMUNITY USE OF CITY CENTER RENTAL
FACILITIES
C. SET DATE FOR CANVASS OF RESULTS OF MUNICIPAL ELECTION
FOR TUESDAY,NOVEMBER 9,AT 6:30 P.M.
D. APPROVE REALLOCATION OF BUDGET AMONG EXISTING
PROJECTS FOR PHASE 3 OF 20/40/15
E. APPROVE CONTRACT WITH VANCO FOR THE CITY TO RECEIVE
UTILITY PAYMENTS FROM CUSTOMERS VIA ELECTRONIC
DEPOSIT INSTEAD OF PAPER CHECK
F. APPROVE CHANGE ORDER NO. 1 WITH G.F.JEDLICKI AND AMEND
CONTRACT FOR HTPO FOR THE RIVERVIEW ROAD POND REPAIR
PROJECT
G. AWARD WESTWIND &WINDWARD CIRCLES' WATERMAIN
REPLACEMENT CONTRACT TO MACHTEMES CONSTRUCTION INC.
H. AWARD CONTRACT FOR IMPROVEMENTS TO ROUND LAKE SKATE
PARK TO KAMIDA INC.
MOTION: Duckstad moved, seconded by Aho, to approve Items A-H on the
Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS/MEETINGS
A. 2010 SPECIAL ASSESSMENTS (Resolution No. 2010-70)
Neal said official notice of this public hearing was published in the September 30,
2010,Eden Prairie News and sent to 12 property owners. Each year, the City
Council holds a public hearing to consider levying the Special Assessments that
have been identified over the previous 12 months. This year, the Council will
address one improvement project and is being requested to reduce the interest rate
for the project—Singletree Lane Improvements—from 7.5%to 5.25%. Staff also
recommends Council approve the list of supplemental assessments for such things
as trunk utility assessments and contracted removal assessments. In regard to the
Singletree Lane Improvement project, there is a signed and recorded Agreement
Regarding Special Assessments dated September 4, 2007, in which the owner of
the properties agrees to the levying of assessments at an interest rate of 7.5%. Due
CITY COUNCIL MINUTES
October 19,2010
Page 3
to the recent drop in interest rates, City staff is recommending that the interest rate
for the project be set at 5.25% in line with other assessments for this year.
Neal said the City Council established the amount to be assessed for this fall's
assessment hearing at its regular meeting on September 17, 2010. Since that time,
the owners of Randy's Bobby and Steve's have requested the City portion of the
sewer and water access charges in the amount of$55,800.00 be levied as an
assessment rather than paying the cost in cash at time of building permit. We have
accommodated these requests in the past for businesses that have high water use,
which translates into high access charges. We have received a 100%petition from
the partnership, which waives their right to public hearing for the cost to be
assessed. Therefore, even though the adoption of the resolution setting the amount
to be assessed did not include their amount, the waiver allows the process to be
finalized at the scheduled assessment hearing. The total amount proposed to be
assessed in 2010 is $1,284,177.31.
There were no comments from the audience.
MOTION: Aho moved, seconded by Nelson, to close the public hearing for the
approval of the 2010 Special Assessments and to adopt Resolution No. 2010-70
approving all Special Assessments presented in the fall of 2010.
Dietz said staff received a request from Tom Casey, Attorney for Barbara Kaerwar,
to defer the trunk assessment for the Kaerwar Addition until the Development
Agreement is signed. He said staff recommends that the assessment for trunk sewer
and water for the Kaerwar Addition be pulled as requested and put on next year's
assessments.
AMENDMENT TO THE MOTION: Case moved, seconded by Nelson, to
remove the trunk sewer and water assessment for the Kaerwar Addition from the
2010 Special Assessments. Motion carried 5-0.
VOTE ON THE MOTION AS AMENDED: Motion carried 5-0.
B. CHANGES TO UTILITY RATES AND THE UTILITY RATE STRUCTURE
(Resolution No. 2010-74)
Neal said official notice of this public hearing was published in the October 7,
2010,Eden Prairie News. The City is currently transitioning from a period of
utility expansion and is shifting the focus toward facilitating sustainability of
existing system infrastructure through continuous and proactive maintenance and
rehabilitation. The City aims to develop a long-term and comprehensive plan for
funding operation and maintenance (O&M) of its utilities through the establishment
of strategic utility rate structures and reserve accounts. Comprehensive rate
planning, revenue stability, and overall revenue adequacy of the water, sewer, and
storm drainage utilities are high priorities for the City of Eden Prairie.
Neal said the City retained Advanced Engineering and Environmental Services,
CITY COUNCIL MINUTES
October 19,2010
Page 4
Inc. (AE2S)to develop a ten-year utility rate study for its water, sewer, and storm
drainage utilities. Continuing to provide above average service at affordable rates,
while providing for the long term sustainability of the utilities is a primary goal for
the City of Eden Prairie. This study and the implementation of the
recommendations is an important step in planning for the challenges associated
with successfully and equitably meeting future utility revenue requirements. The
proposed changes will transition the operations from a period of utility expansion
to shift the focus toward facilitating sustainability of existing system infrastructure,
increase the stability of revenues, and promote conservation efforts not only for
environmental reasons but to minimize the need for future significant infrastructure
expansion.
Kotchevar gave an overview of the proposed changes to utility rates, noting that a
survey of utility rates in the metropolitan area shows that the rates in Eden Prairie
are currently very low when compared to other cities. She reviewed the current
utility rate structure, the proposed new block rate structure, and the impact of the
new rate structure on residential bills. Future rate increases would be used to build
up our operating reserves to manage fluctuations in revenue and to cover
unexpected facility repairs. She said if the changes are approved the rates will take
effect on January 1, 2011. Commercial customers would see the change in
February, and residential customers would see the change in April. She reviewed
the plan that will be used to communicate the changes to utility customers.
Case said he was concerned there may be a double message being given between
our need to use less water for environmental reasons and our need to build up a
revenue stream. Kotchevar said that was true, and we will have to monitor this very
carefully. Dietz said the rate structure at the lower end that covers 85% of the
customers isn't going to change much. He said we are anticipating having to
increase rates in the future, but we hope we don't have to push it so high we will
have unintended consequences.
Nelson asked if there will be enough to cover repairs to the water lines and other
equipment so there will be no big surprises for residents. Kotchevar said that is the
plan. Neal said a key part of the study was to look at what the rate structure would
do for conservation but also to take a look at the system itself and see what it would
take to replace the system we have and then back that number into a rate structure.
The rate structure needs to produce a certain amount of money to cover those kinds
of costs. Nelson asked if the money will be put into an account specifically for
replacing water mains and other equipment for utilities. Kotchevar said the City has
had a policy that any money collected for utility rates will stay in the utility fund.
Young said he was puzzled by the effect of the change on demand and asked how
often we bill. Kotchevar said we bill monthly for commercial and quarterly for
residential. Young said those who use quite a bit of water won't know what they
use for a three-month period until they receive their quarterly bill. Kotchevar said
we hope to accomplish that through communication about the rate structure. Young
said he thought they won't know what that means to them when they get the
information on the new rate structure. He said he doesn't remember what his usage
CITY COUNCIL MINUTES
October 19,2010
Page 5
is from one billing period to another, only that it was higher than he thought it
would be. Kotchevar said we might do personalized communications about the rate
structure and also where the customer might fall in the rate structure based on their
usage the previous year. Young asked if we provide that kind of information on our
bills like the gas and utility bills do. Dietz said people who pay their bills on line
can go to a website and see their history and compare it to their neighbors or the
City-wide average. He noted only the incremental amount of each block is charged
at that rate so it is not for the whole year and not for the entire bracket that you pay
the extra amount.
Aho thought the feedback to residents might come too late and asked how onerous
it would be to give feedback to users who exceed the base quota. Kotchevar said
currently the residential readings are only done quarterly so we would have to
gather more information at an additional cost. She said they have discussed the
possibility of billing monthly, but heard strong feedback that the cost benefit of that
was probably not worth it. Aho said he would like to see what the cost would be for
a check on the data and a communication to people who are near the boundary who
could then make an adjustment before the end of the period. Dietz said the issue is
that in order to make that kind of a judgment we would probably have to spend
most of the $150,000 cost to go to monthly billing in order to get the data.
Nelson thought $150,000 for administrative cost is way too much. Most residents
who had high bills the previous summer will be more careful if it is important to
them. They have the information on line and we might want something on the first
page of the website to lead them back to that information.
Basil Wissner, 8293 Mitchell Road, asked if the rate between 2010 and 2011for the
36,000 gallon was $1.80. Kotchevar said that is the difference per tier. Dietz said
2010 is $1.75 per thousand and 2011 is $1.80. Mr. Wisner said he has two water
accounts, an irrigation account and a regular account and asked what the rate will
be for the irrigation account. Kotchevar said 0-48,000 gallons will be at $2.80,
anything between 48,000 and 60,000 gallons will be $3.30 and up, and so on. If the
use is less than 48,000 gallons, it will stay where it is now.
MOTION: Case moved, seconded by Aho, to close the public hearing and to
adopt Resolution No. 2010-74 approving changes to utility rates and the utility rate
structure. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Duckstad 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
A. RESOLUTION NO. 2010-75 APPOINTING INTERIM CITY MANAGER
CITY COUNCIL MINUTES
October 19,2010
Page 6
Neal said the appointment will begin at 12:01 AM on Friday, October 29, 2010,
and will end upon direction from the Council. The resolution also authorizes the
Council to set a salary for the Interim City Manager. He noted the Council has not
had discussion on either item, and there is a blank in the resolution for the name of
the Interim City Manager. He said he recommended to the Council earlier this
week that Jay Lotthammer be appointed as Interim City Manager.
MOTION: Duckstad moved, seconded by Aho, to adopt Resolution 2010-75
approving the appointment of Jay Lotthammer as the Interim City Manager for the
City of Eden Prairie, Minnesota.
Case asked if we should amend the motion to include information on the salary
increase. Neal said it is included in the resolution.
VOTE ON THE MOTION: Motion carried 5-0.
Lotthammer thanked the Council for their confidence in him. He said he looked
forward to working with City staff and the City Council as we move forward.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. BAC Appointment Process
Neal said there are ten new candidates for appointment to the Budget
Advisory Commission(BAC), and two current members (Annette Anger
and Richard Proops) want to continue to serve. He said Gwen Schulz's term
is also up,but she has chosen not to continue. He said the question is
whether the Council would want to interview the two incumbent candidates.
We have established November 9th as the date for the Council to interview
the candidates, and November 16th as the date to appoint them to the
commission. He thought the Council might want to split the group of ten
into two groups of five for the interview process.
Nelson said she would like to interview the incumbent candidates. Young
said he thought we have a basis on which to make a decision for incumbent
candidates. Aho said he didn't believe it is that helpful to re-interview the
incumbents, and it might make the other candidates feel awkward to be in
the same group with the incumbents. Duckstad said we have a good
awareness of what an incumbent has contributed to the commission and
what they have done. Case said he was fine with that, although he thought
CITY COUNCIL MINUTES
October 19,2010
Page 7
having an incumbent come in for an interview might provide an opportunity
to get some feedback on what is working well and what needs the
commission has. Nelson said, in light of the other Council Members'
comments, she was fine with not interviewing the incumbents.
2. Parting Thoughts . . .
Neal noted this is his final City Council meeting as the Eden Prairie City
Manager. He said being the City Manager of Eden Prairie is a particularly
prestigious job, and getting the job back in 2002 was one of the most
exciting events in his life. He thanked the past and present City Councils for
their support and said Eden Prairie is a great place to work. He also thanked
the City staff for their support and noted he has had a great group of
coworkers.
Aho said Mr. Neal has been an effective City Manager and has built a
strong management team in Eden Prairie. He said Mr. Neal developed good
communication and has a good working relationship with all levels of staff.
He said Mr. Neal also represented the City of Eden Prairie well during his
involvement with community groups. He thanked Mr. Neal for his
contribution to making the City of Eden Prairie the No. 1 city in the U.S.
Nelson thanked Mr. Neal for all the time, effort and heart he has put into the
community.
Case said he feels a sense of personal loss at losing Mr. Neal as City
Manager. He said Mr. Neal has fulfilled every expectation he had for him
when we hired him eight years ago. He thanked Mr. Neal for his service
here and said he believes Edina is a very fortunate city to be getting him.
Duckstad said he joined his colleagues in thanking Mr. Neal for the job he
has done and wished him luck as he begins his job in Edina.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
1. Acknowledge Art Center Donation
Lotthammer said Mrs. Elaine Sampson donated$3,000 to purchase a gas-
fired kiln. This type of kiln will be used for porcelain and other unique
types of clay art work. He noted on May 29, 2008, the City of Eden Prairie
officially took ownership of the building donated by the Sampson Family.
The building was offered to the City of Eden Prairie from the Sampson
Family with the intent to be used as an Art Center. Mrs. Sampson has
continued to support the Art Center since it opened.
Lotthammer said the gas-fired kiln will be very beneficial to the Art Center.
CITY COUNCIL MINUTES
October 19,2010
Page 8
Prior to Mrs. Sampson's donation the center was using one that was on loan
from an artist.
MOTION: Nelson moved, seconded by Case, to acknowledge the
donation from Mrs. Elaine Sampson in the amount of$3,000 to be used for
purchasing a gas-fired kiln at the Eden Prairie Art Center. Motion carried
5-0.
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. CLOSED SESSION TO DISCUSS COLLECTIVE BARGAINING STRATEGY
At 7:53 PM the City Council moved to closed session to discuss collective bargaining
strategy.
XVII. ADJOURNMENT
Following the closed session, Mayor Young adjourned the City Council meeting at 8:25
PM.
ITEM NO.: VI.C.
UNAPROVED MINUTES
EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING
TUESDAY,NOVEMBER 9, 2010 4:00 PM, CITY CENTER
CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon
Duckstad, and Kathy Nelson
CITY STAFF: Interim City Manager Jay Lotthammer, City Clerk Kathleen Porta and
Council Recorder Lorene McWaters
I. CALL MEETING TO ORDER
Mayor Young was absent. Acting Mayor Brad Aho called the meeting to order at
6:37 p.m.
A. ADOPT RESOLUTION CANVASSING RESULTS OF THE
MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010
MOTION: Case moved, seconded by Nelson, to adopt the resolution
canvassing the results of the municipal election held on November 2.
Motion carried 4-0.
II. ADJOURNMENT
MOTION: Case moved, seconded by Nelson by adjourn the meeting. Motion
carried 4-0. Acting Mayor Aho adjourned the meeting at 6:40 p.m.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar November 16, 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.
Cigarette & Tobacco Products—New Ownership
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4159
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4269
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4441
Temporary Liquor
Organization: Church of Pax Christi
Event: Leadership Wine & Cheese Event
Date: December 9, 2010
Place: Social Hall, Pax Christi
12100 Pioneer Trail
New Off-Sale 3.2 Beer License—New Ownership
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4159
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4269
Licensee name: Northern Tier Retail LLC
(Formerly Speedway SuperAmerica, LLC)
DBA: SuperAmerica#4441
- 1 -
CITY COUNCIL AGENDA DATE: November 16, 2010
SECTION: Consent Agenda
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning pavement Materials
Janet Jeremiah/Regina Herron
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance relating to pavement materials; and
• Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said
summary.
Synopsis
This is final approval of the ordinance relating to pavement materials
The City Council approved 1st reading of the ordinance on September 21, 2010.
At the October 5, 2010 meeting the City Council directed staff to modify the ordinance and to
allow green pavers and add the word pavers, and clarify that natural stone is not gravel. The
revisions to the ordinance are as follows:
1. Added pavers of brick, natural stone or concrete.
2. Added turf block and grasscrete which is concrete and grass.
3. Gravel, crushed rock, sand, and dirt are prohibited as surfaces.
Attachments
1. Ordinance with redlined changes
2. Ordinance for pavement materials
3. Resolution
4. Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 16-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03
SUBDIVISION 3 II and I RELATING TO SPECIAL REQUIREMENTS
RELATING TO OFF-STREET PARKING FACILITIES AND OFF-STREET
LOADING FACILITIES; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Section 1. City Code, Chapter 11, Section 11.03 H. 5. (c) is amended in its entirety as
follows:
(c) Parking areas, loading areas and driveways shall be surfaced with bituminous,
concrete,pavers of brick, natural stone, or concrete placed with gaps not
exceeding 1/4 inch, turf block, or grasscrete, and graded to dispose of or infiltrate
all area surface water without damage to private or public properties, streets, or
alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when
used as gap material with pavers.
Section 2. City Code, Chapter 11, Section 11.03 H. 7. is amended to add paragraph
(d) as follows:
(d) Parking areas, loading areas and driveways shall be surfaced with bituminous;
concrete; pavers of brick, natural stone, or concrete placed with gaps not
exceeding 1/4 inch; turf block; or grasscrete; and graded to dispose of or infiltrate
all area surface water without damage to private or public properties, streets, or
alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when
used as gap material with pavers.
Section 3. City Code, Chapter 11, Section 11.03 I. 3 (d) is amended in its entirety as
follows:
(d) Parking areas, loading areas and driveways shall be surfaced with bituminous,
concrete, pavers of brick, natural stone, or concrete placed with gaps not
exceeding 1/4 inch, turf block, or grasscrete, and graded to dispose of or infiltrate
all area surface water without damage to private or public properties, streets, or
alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when
used as gap material with pavers.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 21st day of September, 2010, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 16th day of
November 2010.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on , 2010.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03
SUBDIVISION 3 II and I RELATING TO SPECIAL REQUIREMENTS
RELATING TO OFF-STREET PARKING FACILITIES AND OFF-STREET
LOADING FACILITIES; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Section 1. City Code, Chapter 11, Section 11.03 H. 5. (c) is amended in its entirety as
follows:
(c) Parking areas, loading areas and driveways shall must be surfaced with bituminous;
concrete; pavers of brick, natural stone, or concrete placed with gaps not exceeding 1/4
inch; turf block; or grasscrete; natural stone, or other types of concrete stone and pavers
and graded to dispose of or infiltrate all area surface water without damage to private or
public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is
prohibited except when used as gap material with pavers.
Section 2. City Code, Chapter 11, Section 11.03 H. 7. is amended to add paragraph
(d) as follows:
(d) Parking areas, loading areas and driveways shall must be surfaced with bituminous;
concrete; pavers of brick, natural stone, or concrete placed with gaps not exceeding 1/4
inch; turf block; or grasscrete; natural stone, or other types of concrete stone and pavers
and graded to dispose of or infiltrate all area surface water without damage to private or
public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is
prohibited except when used as gap material with pavers.
Section 3. City Code, Chapter 11, Section 11.03 I. 3 (d) is amended in its entirety as
follows:
(d) Parking areas, loading areas and driveways shall must be surfaced with bituminous;
concrete; pavers of brick, natural stone, or concrete placed with gaps not exceeding 1/4
inch; turf block; or grasscrete; natural stone, or other types of concrete stone and pavers
and graded to dispose of or infiltrate all area surface water without damage to private or
public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is
prohibited except when used as gap material with pavers.
Section 4. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty For Violation" and Section 11.99
entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 21st day of September, 2010, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 16th day of
November 2010.
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on , 2010.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 2010 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2010 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 16th day of November, 2010.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. _-2010 is lengthy.
B. The text of summary of Ordinance No. _-2010, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance _-2010 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on November 16, 2010.
Phil Young, Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
PAVEMENT MATERIALS ORDINANCE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 16-2010
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.03
SUBDIVISION 3 H and I RELATING TO SPECIAL REQUIREMENTS
RELATING TO OFF-STREET PARKING FACILITIES AND OFF-STREET
LOADING FACILITIES; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
ORDAINS:
Summary: This ordinance amends city code chapter 11 relating to pavement in
parking areas, loading areas and driveways.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen Porta, City Clerk Phil Young, Mayor
PUBLISHED in the Eden Prairie News on , 2010.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Police Department Resolution Declaring "Abandoned Property"
Lieutenant Bill Wyffels
Requested Action
Move to: Adopt resolution declaring property as "abandoned property."
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic
equipment, and miscellaneous items that remain unclaimed.
City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by
City Council to declare unclaimed property that has been in the possession of the City for over
90 days as "abandoned property."
Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property
Room has several items that have lawfully come into its possession that remain unclaimed by the
owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of this property by sale to the highest bidder at a public auction through the City of
Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police
Department would like to convert certain items for City use.
Attachments
Resolution - Declaration of Abandoned Property.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2019-
DECLARATION OF ABANDONED PROPERTY
WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to
declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous
items as "abandoned property;" and
WHEREAS, the property has lawfully come into the possession of the City in the course
of municipal operations; and
WHEREAS,the property remains unclaimed by the owners; and
WHEREAS,the property has been in the possession of the City for over 90 days.
NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the
unclaimed property as "abandoned property."
ADOPTED by the City Council on November 16, 2010.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
POLICE
EVEN Abandoned Property for Auction Exhibit A
'PRAIRIE
Property ORI Case Number Property Global Item Description
MN0272600 2010-00013317 BlkWhite Zebra Purse wPink Cloth Inside
MN0272600 2010-00013317 Cloth Handbag
MN0272600 2010-00024208 Magna Tamer Boys, Blue 6-Speed Bicycle
MN0272600 2010-00016902 Next Power Climber, Men 18-sp,OrangeSilver
MN0272600 2010-00026683 Roadmaster Mt Fury Girls, 15-spd Bicycle, Purple
MN0272600 2010-00019548 Schwinn Falcon Boys Stunt Bike
MN0272600 2010-00028118 Schwinn World RaceStreet Bike, Mens, Red
MN0272600 2010-00016281 Sonic Iron Horse Mtn Bike, Female,Gray
MN0272600 2007-00018078 (1) Fake Diamond Ring wTag#
MN0272600 2007-00019765 (1)TI-83 Plus Calculator
MN0272600 2007-00019765 Delphi Roady xt XM Radio, Remote&Holder
MN0272600 2008-00014624 Sony AMFM CD Player Faceplate, Model CDX-4250
MN0272600 2008-00014624 Sony CDX-FW700 Stereo Faceplate
MN0272600 2010-00027428 Magna Fugitive Bicycle,Purple w Plate"Emily"
MN0272600 2010-00029304 Next Power Climber, BrnSil 18 speed Mtn bike
MN0272600 2010-00029597 Roadmaster Mt Fury SilBlu Boys 15-sp
MN0272600 2010-00029599 Schwinn Frontier BlueSilver Mens 21sp
MN0272600 2010-00029600 Harley Davidson OrgBlk Mens 21-Speed
MN0272600 2010-00029659 Next FS Chaos Boys Stunt Bike,Green
MN0272600 2010-00029660 Roadmaster Mt Sport SX,Girls Mt Bike PinkPurple
MN0272600 2010-00041892 28 total items of men's,women's and children's clothing,new,various brands.
09/02/2010-11/01/2010 Page 1 of 1
pol.rcE
EVEN Property for Conversion Exhibit B
'PRAIRIE
Property ORI Case Number Property Global Item Description
MN0270000 2005-00004254 Scale
MN0272600 2005-00012666 Stanley Hammer, Blue Handle
MN0272600 2007-00019051 1.6g MJ in Baggie
MN0272600 2007-00019051 Glass MJ Pipe
MN0272600 2007-00025900 5.2g Marijuana
MN0272600 2007-00026830 Digital Pocket Scale
MN0272600 2009-00000618 Black Backpack(High Sierra)
MN0272600 2009-00004897 .4g Marijuana
MN0272600 2009-00052076 Pg 03-#02-Panasonic Viera TV-Model&Serial#Missing
MN0272600 2009-00052076 Pg 03-#09-Samsung Plasma TV-Model HP-R5052-Serial#Scratched Off
MN0272600 2010-00007841 HP Pavilion Laptop Computer Only
09/02/2010-11/01/2010 Page 1 of 1
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Sue Kotchevar, Office of the Resolution relating to the issuance of General
City Manager/Finance Obligation Permanent Improvement
Revolving Fund Bonds, Series 2010A for
$1,190,000
Requested Actions
Move to: Adopt a resolution relating to the issuance of General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2010A for$1,190,000
Synopsis
The purpose of the issuance of the $1,190,000 of bonds is to finance the improvement project at
Singletree Lane.
Background Information
The improvements to Singletree Lane include upgrading the roadway to a 4-lane divided
roadway with left turn lanes between Flying Cloud Drive and Eden Road. The project includes a
new traffic signal and pedestrian improvements at the Flying Cloud Drive/ Singletree Lane
intersection. The project also includes streetscaping improvements that correspond with the
recommendations of the MCA Streetscape Master Plan. Construction of the project started in
June and is now substantially complete.
Financial Implications
The total project cost of the Singletree Lane Improvements is currently estimated at $1,350,000
excluding right-of-way. The project will be primarily funded by the Windsor Plaza Developer
on an assessment basis. Through agreement MnDOT is responsible for one-half of the costs of
the new Flying Cloud Drive/ Singletree Lane traffic signal system(estimated at$105,000). The
costs for the streetscaping elements along the north side of Singletree Lane will be the
responsibly of the City(approximately$100,000). The City is also financially responsible for
the costs of the right-of-way on the north side of Singletree Lane which have been acquired. The
Economic Development Fund is the planned funding source for all City costs.
Attachments
Resolution
CERTIFICATION OF MINUTES RELATING TO
$1,190,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND
BONDS, SERIES 2010A
Issuer: City of Eden Prairie, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A regular meeting held on November 16, 2010, at
7:00 p.m., at the municipal offices in Eden Prairie, Minnesota.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting (including):
RESOLUTION NO.
RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,190,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A
I, the undersigned, being the duly qualified and acting recording officer of the public
corporation issuing the bonds referred to in the title of this certificate, certify that the documents
attached hereto, as described above, have been carefully compared with the original records of
said corporation in my legal custody, from which they have been transcribed; that said
documents are a correct and complete transcript of the minutes of a meeting of the governing
body of said corporation, and correct and complete copies of all resolutions and other actions
taken and of all documents approved by the governing body at said meeting, so far as they relate
to said bonds; and that said meeting was duly held by the governing body at the time and place
and was attended throughout by the members indicated above,pursuant to call and notice of such
meeting given as required by law.
WITNESS my hand officially as such recording officer this 16th day of November, 2010.
City Clerk
It was reported that sealed proposals for the purchase of$1,190,000 General
Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A were received prior to
10:00 o'clock a.m., pursuant to the Official Statement distributed to potential purchasers of the
Bonds by Northland Securities, Inc., independent financial advisor to the City. The proposals
have been publicly opened, read and tabulated and were found to be as follows:
(See Attached)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2010-
RESOLUTION AUTHORIZING ISSUANCE,AWARDING SALE,
PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
PAYMENT OF $1,190,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A
BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the City),
as follows:
SECTION 1. AUTHORIZATION AND SALE.
1.01. Authorization. Pursuant to Resolution No. 2005-82, adopted on June 21, 2005, the
City created a revolving fund as contemplated by Minnesota Statutes, Section 429.091,
Subdivision 7a designated as the Permanent Improvement Revolving Fund(the Fund), and
established certain accounts within such Permanent Improvement Revolving Fund. The City
Council hereby determines that it is in the best interest of the City to issue its $1,190,000
principal amount of General Obligation Permanent Improvement Revolving Fund Bonds, Series
2010A (the"Bonds")to finance from the Permanent Improvement Revolving Fund the cost of
various public improvement projects within the City(the Projects)pursuant to Minnesota
Statutes, Chapters 429 and 475.
1.02. Sale. Pursuant to the Official Statement prepared on behalf of the City by
Northland Securities, Inc., financial advisor to the City, sealed proposals for the purchase of the
Bonds were received at or before the time specified for receipt of proposals. The proposals have
been opened,publicly read and considered and the purchase price, interest rates and net interest
cost under the terms of each proposal have been determined. The most favorable proposal
received is that of
in , , and
associates (the Purchaser), to purchase the Bonds at a price of$ plus
accrued interest on all Bonds to the day of delivery and payment, on the further terms and
conditions hereinafter set forth.
SECTION 2. BOND TERMS; REGISTRATION; EXECUTION AND DELIVERY.
2.01. Issuance of Bonds. All acts, conditions and things which are required by the
Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be
performed precedent to and in the valid issuance of the Bonds having been done, now existing,
having happened and having been performed, it is now necessary for the City Council to
establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds
forthwith.
2.02. Maturities; Interest Rates; Denominations and Payment. The Bonds shall be
originally dated as of December 1, 2010, shall be in the denomination of$5,000 each, or any
integral multiple thereof, of single maturities, shall mature on December 1 in the years and
amounts stated below, and shall bear interest from date of issue until paid or duly called for
redemption, at the annual rates set forth opposite such years and amounts, as follows:
Year Amount Rate Year Amount Rate
2011 $70,000 2019 $80,000
2012 70,000 2020 80,000
2013 75,000 2021 85,000
2014 75,000 2022 85,000
2015 75,000 2023 85,000
2016 75,000 2024 90,000
2017 75,000 2025 90,000
2018 80,000
[REVISE MATURITY SCHEDULE FOR ANY TERM BONDS]
The Bonds shall be issuable only in fully registered form. The interest thereon and,upon
surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by
the Registrar described herein,provided that, so long as the Bonds are registered in the name of a
securities depository, or a nominee thereof, in accordance with Section 2.08 hereof,principal and
interest shall be payable in accordance with the operational arrangements of the securities
depository.
2.03. Dates and Interest Payment Dates. Upon initial delivery of the Bonds pursuant to
Section 2.07 and upon any subsequent transfer or exchange pursuant to Section 2.06, the date of
authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on
the Bonds shall be payable on June 1 and December 1 in each year, commencing December 1,
2011, each such date being referred to herein as an Interest Payment Date, to the persons in
whose names the Bonds are registered on the Bond Register, as hereinafter defined, at the
Registrar's close of business on the fifteenth day of the month immediately preceding the Interest
Payment Date, whether or not such day is a business day. Interest shall be computed on the basis
of a 360-day year composed of twelve 30-day months.
2.04. Redemption. Bonds maturing in 2019 and later years shall be subject to
redemption and prepayment at the option of the City, in whole or in part, in such order of
maturity dates as the City may select and, within a maturity, by lot as selected by the Registrar
(or, if applicable, by the securities depository in accordance with its customary procedures) in
multiples of$5,000, on December 1, 2018, and on any date thereafter, at a price equal to the
principal amount thereof and accrued interest to the date of redemption. The City Manager shall
cause notice of the call for redemption thereof to be published as required by law, and at least
thirty days prior to the designated redemption date, shall cause notice of call for redemption to be
mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their
addresses as they appear on the bond register described in Section 2.06 hereof. No defect in or
failure to give such mailed notice of redemption shall affect the validity of proceedings for the
redemption of any Bond not affected by such defect or failure. Official notice of redemption
having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
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redemption date, become due and payable at the redemption price therein specified and from and
after such date (unless the City shall default in the payment of the redemption price) such Bonds
or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new
Bond or Bonds will be delivered to the owner without charge, representing the remaining
principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing on December 1, 20 and 20 (the Term Bonds) shall be subject
to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this
Section 2.04 at a redemption price equal to the stated principal amount thereof plus interest
accrued thereon to the redemption date, without premium. The Registrar shall select for
redemption, by lot or other manner deemed fair, on December 1 in each of the following years
the following stated principal amounts of such Bonds:
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on December 1, 20
Year Principal Amount
The remaining $ stated principal amount of such Bonds shall be paid at
maturity on December 1, 20
Notice of redemption shall be given as provided in the preceding paragraph.]
2.05. Appointment of Initial Registrar. The City hereby appoints Wells Fargo Bank,
National Association in Minneapolis, Minnesota, as the initial bond registrar, transfer agent and
paying agent(the Registrar). The Mayor and City Manager are authorized to execute and
deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the
Registrar with another corporation, if the resulting corporation is a bank or trust company
organized under the laws of the United States or one of the states of the United States and
authorized by law to conduct such business, such corporation shall be authorized to act as
successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar,
effective upon not less than thirty days' written notice and upon the appointment and acceptance
of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and
Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the
successor Registrar.
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2.06. Registration. The effect of registration and the rights and duties of the City and the
Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its principal corporate trust office a
register(the Bond Register) in which the Registrar shall provide for the registration of
ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to
be registered, transferred or exchanged. The term Holder or Bondholder as used herein
shall mean the person (whether a natural person, corporation, association,partnership,
trust, governmental unit, or other legal entity) in whose name a Bond is registered in the
Bond Register.
(b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by
the Holder thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the Holder thereof or by an attorney duly
authorized by the Holder in writing, the Registrar shall authenticate and deliver, in the
name of the designated transferee or transferees, one or more new Bonds of a like
aggregate principal amount and maturity, as requested by the transferor.
(c) Exchange of Bonds. At the option of the Holder of any Bond in a
denomination greater than $5,000, such Bond may be exchanged for other Bonds of
authorized denominations, of the same maturity and a like aggregate principal amount,
upon surrender of the Bond to be exchanged at the office of the Registrar. Whenever any
Bond is so surrendered for exchange the City shall execute and the Registrar shall
authenticate and deliver the Bonds which the Bondholder making the exchange is entitled
to receive.
(d) Cancellation. All Bonds surrendered for payment, transfer or exchange shall
be promptly canceled by the Registrar and thereafter disposed of. The Registrar shall
furnish the City at least once each year a certificate setting forth the principal amounts
and numbers of Bonds canceled and destroyed.
(e) Improper or Unauthorized Transfer. When any Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that
the endorsement on such Bond or separate instrument of transfer is valid and genuine and
that the requested transfer is legally authorized. The Registrar shall incur no liability for
the refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name any Bond is at any time registered in the Bond Register as the absolute
owner of the Bond, whether the Bond shall be overdue or not, for the purpose of
receiving payment of or on account of, the principal of and interest on the Bond and for
all other purposes; and all payments made to or upon the order of such Holder shall be
valid and effectual to satisfy and discharge the liability upon such Bond to the extent of
the sum or sums so paid.
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(g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except
for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge
upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other
governmental charge required to be paid with respect to such transfer or exchange.
(h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become
mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like
amount, number, maturity date and tenor in exchange and substitution for and upon
cancellation of any such mutilated Bond or in lieu of and in substitution for any Bond
destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the
Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost,
upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed,
stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it, in which
both the City and the Registrar shall be named as obligees. All Bonds so surrendered to
the Registrar shall be canceled by it and evidence of such cancellation shall be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been
called for redemption in accordance with its terms it shall not be necessary to issue a new
Bond prior to payment.
(i) Authenticating Agent. The Registrar is hereby designated authenticating
agent for the Bonds, within the meaning of Minnesota Statutes, Section 475.55,
Subdivision 1, as amended.
(j) Valid Obligations. All Bonds issued upon any transfer or exchange of Bonds
shall be the valid obligations of the City, evidencing the same debt, and entitled to the
same benefits under this Resolution as the Bonds surrendered upon such transfer or
exchange.
2.07. Execution, Authentication and Delivery. The Bonds shall be prepared under the
direction of the City Manager and shall be executed on behalf of the City by the signatures of the
Mayor and the City Manager,provided that the signatures may be printed, engraved or
lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of
whose signature shall appear on any Bond shall cease to be such officer before the delivery of
such Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until the date of delivery of such Bond.
Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled
to any security or benefit under this Resolution unless and until a certificate of authentication on
the Bond, substantially in the form provided in Section 2.09, has been executed by the manual
signature of an authorized representative of the Registrar. Certificates of authentication on
different Bonds need not be signed by the same representative. The executed certificate of
authentication on any Bond shall be conclusive evidence that it has been duly authenticated and
delivered under this Resolution. When the Bonds have been prepared, executed and
authenticated, the City Manager shall deliver them to the Purchaser upon payment of the
purchase price in accordance with the contract of sale heretofore executed, and the Purchaser
shall not be obligated to see to the application of the purchase price.
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2.08. Securities Depository. (a) For purposes of this section the following terms shall
have the following meanings:
"Beneficial Owner" shall mean, whenever used with respect to a Bond, the person in
whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the
records of such Participant, or such person's subrogee.
"Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee
of DTC with respect to the Bonds.
"DTC" shall mean The Depository Trust Company of New York,New York.
"Participant" shall mean any broker-dealer, bank or other financial institution for which
DTC holds Bonds as securities depository.
"Representation Letter" shall mean the Representation Letter pursuant to which the City
agrees to comply with DTC's Operational Arrangements.
(b) The Bonds shall be initially issued as separately authenticated fully registered bonds,
and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon
initial issuance, the ownership of such Bonds shall be registered in the bond register in the name
of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee)
as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment
of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be
redeemed, if any, giving any notice permitted or required to be given to registered owners of
Bonds under this resolution, registering the transfer of Bonds, and for all other purposes
whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary.
Neither the Registrar nor the City shall have any responsibility or obligation to any Participant,
any person claiming a beneficial ownership interest in the Bonds under or through DTC or any
Participant, or any other person which is not shown on the bond register as being a registered
owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any
Participant, with respect to the payment by DTC or any Participant of any amount with respect to
the principal of or interest on the Bonds, with respect to any notice which is permitted or
required to be given to owners of Bonds under this resolution, with respect to the selection by
DTC or any Participant of any person to receive payment in the event of a partial redemption of
the Bonds, or with respect to any consent given or other action taken by DTC as registered owner
of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with
respect to such Bond, only to Cede & Co. in accordance with DTC's Operational Arrangements,
and all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and interest on the Bonds to the extent of the sum or
sums so paid. No person other than DTC shall receive an authenticated Bond for each separate
stated maturity evidencing the obligation of the City to make payments of principal and interest.
Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new
nominee in accordance with paragraph (e)hereof.
6
(c) In the event the City determines that it is in the best interest of the Beneficial Owners
that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and
the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of
Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance
with paragraph (e)hereof. DTC may determine to discontinue providing its services with respect
to the Bonds at any time by giving notice to the City and the Registrar and discharging its
responsibilities with respect thereto under applicable law. In such event the Bonds will be
transferable in accordance with paragraph (e)hereof.
(d) The execution and delivery of the Representation Letter to DTC, if not previously
filed with DTC, by the Mayor or City Manager is hereby authorized and directed.
(e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b)
or(c)hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of
the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted
transferee in accordance with the provisions of this resolution. In the event Bonds in the form of
certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as
owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions
of this resolution shall also apply to all matters relating thereto, including, without limitation, the
printing of such Bonds in the form of bond certificates and the method of payment of principal of
and interest on such Bonds in the form of bond certificates.
2.09. Form of Bonds. The Bonds shall be prepared in substantially the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BOND, SERIES 2010A
No. R- $
Interest Rate Maturity Date Date of Original Issue CUSIP No.
% December 1, 20 December 1, 2010
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: THOUSAND DOLLARS
THE CITY OF EDEN PRAIRIE, Minnesota(the City) acknowledges itself to be
indebted and for value received hereby promises to pay to the registered owner specified above,
or registered assigns, the principal amount specified above on the maturity date specified above
and promises to pay interest thereon from the date of original issue specified above or from the
most recent Interest Payment Date (as hereinafter defined)to which interest has been paid or
duly provided for, at the annual interest rate specified above, payable on June 1 and December 1
7
in each year, commencing December 1, 2011 (each such date, an Interest Payment Date), all
subject to the provisions referred to herein with respect to the redemption of the principal of this
Bond before maturity. The interest so payable on any Interest Payment Date shall be paid to the
person in whose name this Bond is registered at the close of business on the fifteenth day
(whether or not a business day) of the calendar month immediately preceding the Interest
Payment Date. Interest hereon shall be computed on the basis of a 360-day year composed of
twelve 30-day months. The interest hereon and, upon presentation and surrender hereof at the
principal office of the agent of the Registrar described below, the principal hereof are payable in
lawful money of the United States of America by check or draft drawn on Wells Fargo Bank,
National Association in Minneapolis, Minnesota, as bond registrar, transfer agent and paying
agent, or its successor designated under the Resolution described herein(the Registrar). For the
prompt and full payment of such principal and interest as the same respectively become due, the
full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
This Bond is one of an issue (the Bonds) in the aggregate principal amount of$1,190,000
issued pursuant to a resolution adopted by the City Council on November 16, 2010 (the
Resolution), to provide funds to be deposited to the Permanent Improvement Revolving Fund of
the City, a permanent fund established for the financing of local improvements for which special
assessments may be levied against property specially benefited thereby, and is issued pursuant to
and in full conformity with the Constitution and laws of the State of Minnesota thereunto
enabling, including Minnesota Statutes, Chapters 429 and 475. The Bonds are issuable only in
fully registered form, in the denomination of$5,000 or any integral multiple thereof, of single
maturities.
Bonds maturing in 2019 and later years shall be subject to redemption and prepayment at
the option of the City, in whole or in part, in such order of maturity dates as the City may select
and, within a maturity, by lot as selected by the Registrar(or, if applicable, by the bond
depository in accordance with its customary procedures) in multiples of$5,000, on
December 1, 2018, and on any date thereafter, at a price equal to the principal amount thereof
and accrued interest to the date of redemption. The City shall cause notice of the call for
redemption thereof to be published as required by law, and at least thirty days prior to the
designated redemption date, shall cause notice of call for redemption to be mailed,by first class
mail, to the registered holders of any Bonds, at the holders' addresses as they appear on the bond
register maintained by the Bond Registrar. No defect in or failure to give such mailed notice of
redemption shall affect the validity of proceedings for the redemption of any Bond not affected
by such defect or failure. Official notice of redemption having been given as aforesaid, the
Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and
payable at the redemption price therein specified and from and after such date (unless the City
shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease
to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to
the owner without charge, representing the remaining principal amount outstanding.
[COMPLETE THE FOLLOWING PROVISIONS IF THERE ARE TERM BONDS-
ADD ADDITIONAL PROVISIONS IF THERE ARE MORE THAN TWO TERM BONDS]
[Bonds maturing in the year 20 and 20 shall be subject to mandatory
redemption, at a redemption price equal to their principal amount plus interest accrued thereon to
8
the redemption date, without premium, on December 1 in each of the years shown below, in an
amount equal to the following principal amounts:
Term Bonds Maturing in 20-- Term Bonds Maturing in 20--
Sinking Fund Aggregate Sinking Fund Aggregate
Payment Date Principal Amount Payment Date Principal Amount
$ $
Notice of redemption shall be given as provided in the preceding paragraph.]
As provided in the Resolution and subject to certain limitations set forth therein, this
Bond is transferable upon the books of the City at the principal office of the agent of the
Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in
writing upon surrender hereof together with a written instrument of transfer satisfactory to the
Registrar, duly executed by the registered owner or the owner's attorney; and may also be
surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or
exchange the City will cause a new Bond or Bonds to be issued in the name of the designated
transferee or registered owner, of the same aggregate principal amount,bearing interest at the
same rate and maturing on the same date; subject to reimbursement for any tax, fee or
governmental charge required to be paid with respect to any such transfer or exchange.
The Bonds have been designated by the City as "qualified tax-exempt obligations"
pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986.
The City and the Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment as herein provided and for all other purposes, and neither the City nor the
Registrar shall be affected by any notice to the contrary.
Notwithstanding any other provisions of this Bond, so long as this Bond is registered in
the name of Cede & Co., as nominee of The Depository Trust Company, or in the name of any
other nominee of The Depository Trust Company or other securities depository, the Registrar
shall pay all principal of and interest on this Bond, and shall give all notices with respect to this
Bond, only to Cede & Co. or other nominee in accordance with the operational arrangements of
The Depository Trust Company or other securities depository as agreed to by the City.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done,
to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order
to make it a valid and binding general obligation of the City in accordance with its terms, have
been done, do exist, have happened and have been performed as so required; that prior to the
issuance hereof the City has levied or agreed to levy special assessments on property specially
benefited by the improvements financed by the Bonds, collectible in the years and amounts
required to produce sums not less than five percent in excess of the principal of and interest on
9
the Bonds as such principal and interest respectively become due, and has appropriated such
special assessments to the Revenue Account (the Revenue Account) of its Permanent
Improvement Revolving Fund; that, on or before each date the City is obligated to pay principal
of or interest on the Bonds, the City will transfer from its Revenue Account to a separate General
Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A Debt Service Account
an amount sufficient for the payment of such principal and interest on such date; that if necessary
for payment of principal and interest, ad valorem taxes are required to be levied upon all taxable
property in the City, without limitation as to rate or amount; and that the issuance of this Bond,
together with all other indebtedness of the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebtedness of the City to exceed any
constitutional, charter or statutory limitation of indebtedness.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Resolution until the Certificate of Authentication hereon shall have
been executed by the Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City has caused this Bond to be executed on its behalf by
the facsimile signatures of its Mayor and City Manager.
CITY OF EDEN PRAIRIE, MINNESOTA
(facsimile signature—Mayor) (facsimile signature—City Manager)
CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
Date of Authentication:
WELLS FARGO BANK,NATIONAL
ASSOCIATION, as Registrar
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to the applicable laws or regulations:
TEN COM - as tenants in common UTMA as Custodian for
(Cust) (Minor)
10
TEN ENT - as tenants by the entireties under Uniform Transfers to Minors Act
(State)
JT TEN - as joint tenants with right
of survivorship and not as tenants in
common
Additional abbreviations may also be used.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint
attorney to transfer the said Bond on the books kept for registration of the
within Bond, with full power of substitution in the premises.
Dated:
NOTICE: The assignor's signature to this assignment must
correspond with the name as it appears upon the face of the
within Bond in every particular, without alteration or
enlargement or any change whatsoever.
Signature Guaranteed:
Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements
of the Registrar, which requirements include membership or participation in STAMP or such
other "signature guaranty program" as may be determined by the Registrar in addition to or in
substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as
amended.
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF
ASSIGNEE:
[end of bond form]
SECTION 3. USE OF PROCEEDS. The proceeds of the Bonds received by the City, exclusive
of unused discount, pre-issuance accrued interest and capitalized interest, if any, shall be
deposited in the Construction Fund established in Section 4 hereof and used to pay costs of the
Projects or such other improvements as proceeds of the Bonds are authorized to be applied to
under Minnesota Statutes, Chapters 429 and 475.
SECTION 4. CONSTRUCTION FUND. The City hereby establishes the Permanent
Improvement Revolving Fund Series 2010A Construction Fund(the Construction Fund) as a
separate bookkeeping account on its books and records. There shall be deposited into the
Construction Fund, when and as received, the amount specified in Section 3 hereof. The moneys
in the Construction Fund will be disbursed by the City, in accordance with this Resolution and
the City's normal procedures, to pay(or reimburse the City for)the costs of the Projects,
including the issuance costs of the Bonds. At such time as the Projects or such other
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improvements as proceeds of the Bonds are authorized to be applied to under Minnesota
Statutes, Chapters 429 and 475 are completed the City shall transfer any remaining balance in the
Construction Fund as provided herein.
SECTION 5. GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING
FUND BONDS, SERIES 2010A BOND FUND. So long as any of the Bonds are outstanding
and any principal of or interest thereon unpaid, the City shall maintain a separate debt service
fund on its official books and records to be known as the General Obligation Permanent
Improvement Revolving Fund Bonds, Series 2010A Bond Fund(the Bond Fund) within the Debt
Service Account of the Permanent Improvement Revolving Fund (as described herein, the Debt
Service Account), and the principal of and interest on the Bonds shall be payable from the Bond
Fund. The City irrevocably appropriates to the Bond Fund(a) any amount received from the
Purchaser in excess of the amount required by Section 3 hereof to be deposited in the
Construction Fund; (b) all moneys transferred with respect to the Bonds from other accounts
within the Permanent Improvement Revolving Fund to the Debt Service Account in accordance
with this Resolution; and(c) all other moneys as shall be appropriated by the City Council to the
Bond Fund from time to time. On the business day preceding each date on which principal of or
interest on the Bonds are to be paid by the City in accordance with this resolution, the City
Manager shall, without further direction by the Council, transfer from the Debt Service Account
in the Permanent Improvement Revolving Fund to the Bond Fund an amount sufficient to pay
such principal and interest. If the aggregate balance in the Bond Fund is at any time insufficient
to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be
made from any fund of the City which is available for that purpose, subject to reimbursement
from the Permanent Improvement Revolving Fund when the balance therein is sufficient, and the
City Council covenants and agrees that it will each year levy a sufficient amount of ad valorem
taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any
constitutional or statutory limitation.
SECTION 6. SPECIAL ASSESSMENTS. The City hereby covenants and agrees that, for the
payment of the cost of the Projects, the City has done or will do and perform all acts and things
necessary for the final and valid levy of special assessments in an amount not less than 20% of
the cost of each of the improvements financed by the Bonds. The City estimates it will levy
special assessments in the aggregate principal amount of$1,147,787. It is estimated that the
principal and interest on such special assessments will be levied and collected in the years and
amounts shown on Exhibit A attached hereto. In the event any such assessment shall at any time
be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in
any action or proceeding taken or to be taken by the City or by the City Council or by any of the
officers or employees of the City, either in the making of such assessment or in the performance
of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do
all such further things and take all such further proceedings as shall be required by law to make
such assessment a valid and binding lien upon said property. The collections of the special
assessments shall be deposited, as received, into the Revenue Account.
SECTION 7. PLEDGE OF TAXING POWERS. For the prompt and full payment of the
principal of and interest on the Bonds as such payments respectively come due, the full faith,
credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged.
However, the City presently estimates that the special assessments described herein, together
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with any funds to be appropriated by the City to the Bond Fund, will be at least five percent in
excess of the amounts needed to meet when due the principal and interest payments on the Bonds
and therefore no ad valorem taxes are required to be levied at this time.
SECTION 8. DEFEASANCE. When all of the Bonds have been discharged as provided in this
Section, all pledges, covenants and other rights granted by this Resolution to the Holders of the
Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are
due on any date by depositing with the Registrar on or before that date a sum sufficient for the
payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be
discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with
interest accrued from the due date to the date of such deposit. The City may also at any time
discharge its obligations with respect to any Bonds, subject to the provisions of law now or
hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with the
Registrar or with a bank or trust company qualified by law to act as an escrow agent for this
purpose, cash or securities which are authorized by law to be so deposited for such purpose,
bearing interest payable at such times and at such rates and maturing or callable at the holder's
option on such dates as shall be required to pay all principal and interest to become due thereon
to maturity or, if notice of redemption as herein required has been irrevocably provided for, to an
earlier designated redemption date,provided, however, that if such deposit is made more than
ninety days before the maturity date or specified redemption date of the Bonds to be discharged,
the City shall have received a written opinion of Bond Counsel to the effect that such deposit
does not adversely affect the exemption of interest on any Bonds from federal income taxation
and a written report of an accountant or investment banking firm verifying that the deposit is
sufficient to pay when due all of the principal and interest on the Bonds to be discharged on and
before their maturity dates or earlier designated redemption date.
SECTION 9. TAX COVENANTS; ARBITRAGE MATTERS AND CONTINUING
DISCLOSURE.
9.01. General Tax Covenant. The City agrees with the registered owners from time to
time of the Bonds that it will not take, or permit to be taken by any of its officers, employees or
agents, any action that would cause interest on the Bonds to become includable in gross income
of the recipient under the Internal Revenue Code of 1986, as amended(the Code) and applicable
Treasury Regulations (the Regulations), and agrees to take any and all actions within its powers
to ensure that the interest on the Bonds will not become includable in gross income of the
recipient under the Code and the Regulations. All proceeds of the Bonds deposited in the
Construction Fund will be expended for payment of the costs of the Projects, except that any
excess over that required for the Projects may be expended as provided herein. The Projects are
and will be owned and maintained by the City and available for use by members of the general
public on a substantially equal basis. The City shall not enter into any lease, management
contract, use agreement, capacity agreement or other agreement with any non-governmental
person relating to the use of the Projects, or any portion thereof, or security for the payment of
the Bonds which might cause the Bonds to be considered"private activity bonds" or"private
loan bonds"pursuant to Section 141 of the Code.
9.02. Arbitrage Certification. The Mayor and City Manager being the officers of the
City charged with the responsibility for issuing the Bonds pursuant to this Resolution, are
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authorized and directed to execute and deliver to the Purchaser a certificate in accordance with
Section 148 of the Code, and applicable Regulations, stating the facts, estimates and
circumstances in existence on the date of issue and delivery of the Bonds which make it
reasonable to expect that the proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be "arbitrage bonds"within the meaning of the Code and Regulations.
9.03. Arbitrage Rebate Exemption. (a) It is hereby found that the City has general
taxing powers, that no Bond is a"private activity bond"within the meaning of Section 141 of the
Code, that 95% or more of the net proceeds of the Bond are to be used for local governmental
activities of the City, and that the aggregate face amount of all tax-exempt obligations (other than
private activity bonds) issued by the City and all subordinate entities thereof during the year
2010 is not reasonably expected to exceed $5,000,000. Therefore, pursuant to the provisions of
Section 148(f)(4)(D) of the Code, the City shall not be required to comply with the arbitrage
rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code.
(b)Notwithstanding the provisions of paragraph(a) of this Section 9.03, if the arbitrage
rebate provisions of Section 148(f) of the Code applies to the Bond, the City hereby covenants
and agrees to make the determinations, retain records and rebate to the United States the amounts
at the times and in the manner required by said Section 148(f) and applicable Regulations.
9.04. Qualified Tax-Exempt Obligations. The Council hereby designates the Bonds as
"qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code relating to the
disallowance of interest expense for financial institutions, and hereby finds that the reasonably
anticipated amount of tax-exempt governmental obligations which will be issued by the City and
all subordinate entities during calendar year 2010 does not exceed$30,000,000.
9.05. Reimbursement. The City certifies that the proceeds of the Bonds will not be used
by the City to reimburse itself for any expenditure with respect to the Projects which the City
paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect
to such prior expenditures, the City shall have made a declaration of official intent which
complies with the provisions of Section 1.150-2 of the Regulations, provided that this
certification shall not apply(i) with respect to certain de minimis expenditures, if any, with
respect to the Projects meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or
(ii)with respect to "preliminary expenditures" for the Projects as defined in Section 1.150-2(f)(2)
of the Regulations, including engineering or architectural expenses and similar preparatory
expenses, which in the aggregate do not exceed 20% of the "issue price" of the Bonds.
9.06. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public
availability of certain information relating to the Bonds and the security therefor and to permit
the Purchaser and other participating underwriters in the primary offering of the Bonds to
comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities
Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect
and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds,
the City hereby makes the following covenants and agreements for the benefit of the Owners (as
hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated
person in respect of the Bonds within the meaning of the Rule for purposes of identifying the
entities in respect of which continuing disclosure must be made. If the City fails to comply with
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any provisions of this section, any person aggrieved thereby, including the Owners of any
Outstanding Bonds, may take whatever action at law or in equity may appear necessary or
appropriate to enforce performance and observance of any agreement or covenant contained in
this section, including an action for a writ of mandamus or specific performance. Direct,
indirect, consequential and punitive damages shall not be recoverable for any default hereunder
to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no
event shall a default under this section constitute a default under the Bonds or under any other
provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a
Bond, the registered owner or owners thereof appearing in the bond register maintained by the
Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner
provides to the Registrar evidence of such beneficial ownership in form and substance
reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a
Bond, any person or entity which (a) has the power, directly or indirectly, to vote or consent with
respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of the
Bond for federal income tax purposes.
(b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection
(c) hereof, either directly or indirectly through an agent designated by the City, the following
information at the following times:
(1) on or before 365 days after the end of each fiscal year of the City, commencing with
the fiscal year ending December 31, 2010, the following financial information and
operating data in respect of the City(the Disclosure Information):
(A) the audited financial statements of the City for such fiscal year, containing
balance sheets as of the end of such fiscal year and a statement of operations,
changes in fund balances and cash flows for the fiscal year then ended, showing
in comparative form such figures for the preceding fiscal year of the City,
prepared in accordance with generally accepted accounting principles
promulgated by the Financial Accounting Standards Board as modified in
accordance with the governmental accounting standards promulgated by the
Governmental Accounting Standards Board or as otherwise provided under
Minnesota law, as in effect from time to time, or, if and to the extent such
financial statements have not been prepared in accordance with such generally
accepted accounting principles for reasons beyond the reasonable control of the
City, noting the discrepancies therefrom and the effect thereof, and certified as
to accuracy and completeness in all material respects by the fiscal officer of the
City; and
(B) to the extent not included in the financial statements referred to in paragraph(A)
hereof, the information for such fiscal year or for the period most recently
available of the type contained in the Official Statement under headings: City
Property Values; City Indebtedness; and City Tax Rates, Levies and
Collections.
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Notwithstanding the foregoing paragraph, if the audited financial statements are not available by
the date specified, the City shall provide on or before such date unaudited financial statements in
the format required for the audited financial statements as part of the Disclosure Information and,
within 10 days after the receipt thereof, the City shall provide the audited financial statements.
Any or all of the Disclosure Information may be incorporated by reference, if it is updated as
required hereby, from other documents, including official statements, which have been filed with
the SEC or have been made available to the public on the Internet Web site of the Municipal
Securities Rulemaking Board ("MSRB"). The City shall clearly identify in the Disclosure
Information each document so incorporated by reference. If any part of the Disclosure
Information can no longer be generated because the operations of the City have materially
changed or been discontinued, such Disclosure Information need no longer be provided if the
City includes in the Disclosure Information a statement to such effect; provided, however, if such
operations have been replaced by other City operations in respect of which data is not included in
the Disclosure Information and the City determines that certain specified data regarding such
replacement operations would be described in paragraph (2) hereof then, from and after such
determination, the Disclosure Information shall include such additional specified data regarding
the replacement operations. If the Disclosure Information is changed or this section is amended
as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next
Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the
reasons for the amendment and the effect of any change in the type of financial information or
operating data provided.
(2) In a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events:
(A) Principal and interest payment delinquencies;
(B) Non-payment related defaults, if material;
(C) Unscheduled draws on debt service reserves reflecting financial difficulties;
(D) Unscheduled draws on credit enhancements reflecting financial difficulties;
(E) Substitution of credit or liquidity providers, or their failure to perform;
(F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed
or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax
status of the Bonds, or other material events affecting the tax status of the
Bonds;
(G) Modifications to rights of security holders, if material;
(H) Bond calls, if material, and tender offers;
(I) Defeasances;
(J) Release, substitution, or sale of property securing repayment of the securities;
(K) Rating changes;
(L) Bankruptcy, insolvency, receivership or a similar event with respect to the City;
(M) The consummation of a merger, consolidation, or acquisition involving an
obligated person or the sale of all or substantially all of the assets of the
obligated person, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a
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definitive agreement relating to any such actions, other than pursuant to its
terms, if material and
(N) Appointment of a successor or additional trustee or the change of name of a
trustee, if material.
As used herein, a material fact is a fact as to which a substantial likelihood exists that a
reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a
Bond or, if not disclosed, would significantly alter the total information otherwise available to an
investor from the Official Statement, information disclosed hereunder or information generally
available to the public. Notwithstanding the foregoing sentence, a material fact is also an event
that would be deemed material for purposes of the purchase, holding or sale of a Bond within the
meaning of applicable federal securities laws, as interpreted at the time of discovery of the
occurrence of the event.
For the purposes of the event identified in (L) hereinabove, the event is considered to occur when
any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an
obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding
under state or federal law in which a court or governmental authority has assumed jurisdiction
over substantially all of the assets or business of the obligated person, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an
order confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
obligated person.
(3) In a timely manner, notice of the occurrence of any of the following events or
conditions:
(A) the failure of the City to provide the Disclosure Information required under
paragraph(b)(1) at the time specified thereunder;
(B) the amendment or supplementing of this section pursuant to subsection (d),
together with a copy of such amendment or supplement and any explanation
provided by the City under subsection(d)(2);
(C) the termination of the obligations of the City under this section pursuant to
subsection(d);
(D) any change in the accounting principles pursuant to which the financial
statements constituting a portion of the Disclosure Information are prepared;
and
(E) any change in the fiscal year of the City.
(c) Manner of Disclosure.
(1) The City agrees to make available to the MSRB, in an electronic format as
prescribed by the MSRB from time to time, the information described in subsection
(b).
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(2) All documents provided to the MSRB pursuant to this subsection(c) shall be
accompanied by identifying information as prescribed by the MSRB from time to
time.
(d) Term; Amendments; Interpretation.
(1) The covenants of the City in this section shall remain in effect so long as any Bonds
are Outstanding. Notwithstanding the preceding sentence, however, the obligations
of the City under this section shall terminate and be without further effect as of any
date on which the City delivers to the Registrar an opinion of Bond Counsel to the
effect that, because of legislative action or final judicial or administrative actions or
proceedings, the failure of the City to comply with the requirements of this section
will not cause participating underwriters in the primary offering of the Bonds to be
in violation of the Rule or other applicable requirements of the Securities Exchange
Act of 1934, as amended, or any statutes or laws successory thereto or amendatory
thereof.
(2) This section (and the form and requirements of the Disclosure Information) may be
amended or supplemented by the City from time to time, without notice to (except as
provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a
resolution of this Council filed in the office of the recording officer of the City
accompanied by an opinion of Bond Counsel, who may rely on certificates of the
City and others and the opinion may be subject to customary qualifications, to the
effect that: (i) such amendment or supplement (a) is made in connection with a
change in circumstances that arises from a change in law or regulation or a change in
the identity, nature or status of the City or the type of operations conducted by the
City, or(b) is required by, or better complies with, the provisions of paragraph (b)(5)
of the Rule; (ii) this section as so amended or supplemented would have complied
with the requirements of paragraph (b)(5) of the Rule at the time of the primary
offering of the Bonds, giving effect to any change in circumstances applicable under
clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the
amendment or supplement was in effect at the time of the primary offering; and (iii)
such amendment or supplement does not materially impair the interests of the
Bondowners under the Rule.
If the Disclosure Information is so amended, the City agrees to provide,
contemporaneously with the effectiveness of such amendment, an explanation of the
reasons for the amendment and the effect, if any, of the change in the type of
financial information or operating data being provided hereunder.
(3) This section is entered into to comply with the continuing disclosure provisions of
the Rule and should be construed so as to satisfy the requirements of paragraph
(b)(5) of the Rule.
SECTION 10. CERTIFICATION OF PROCEEDINGS.
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10.01. Registration of Bonds. The City Manager is hereby authorized and directed to file
a certified copy of this resolution with the County Auditor of Hennepin County, together with
such additional information as the County Auditor may require, and to obtain from the County
Auditor a certificate that the Bonds have been duly entered upon the County Auditor's bond
register.
10.02. Authentication of Transcript. The officers of the City and the County Auditor are
hereby authorized and directed to prepare and furnish to the Purchaser and to Dorsey&Whitney
LLP, Bond Counsel, certified copies of all proceedings and records relating to the Bonds and
such other affidavits, certificates and information as may be required to show the facts relating to
the legality and marketability of the Bonds, as the same appear from the books and records in
their custody and control or as otherwise known to them, and all such certified copies, affidavits
and certificates, including any heretofore furnished, shall be deemed representations of the City
as to the correctness of all statements contained therein.
10.03. Official Statement. The Official Statement relating to the Bonds, dated
November 8, 2010, relating to the Bonds prepared and distributed by Northland Securities, Inc.,
the financial advisor for the City, is hereby approved. Northland Securities, Inc., is hereby
authorized on behalf of the City to prepare and distribute to the Purchaser within seven business
days from the date hereof, a supplement to the Official Statement listing the offering price, the
interest rates, selling compensation, delivery date, the underwriters and such other information
relating to the Bonds required to be included in the Official Statement by Rule 15c2-12 adopted
by the Securities and Exchange Commission (the SEC)under the Securities Exchange Act of
1934. The officers of the City are hereby authorized and directed to execute such certificates as
may be appropriate concerning the accuracy, completeness and sufficiency of the Official
Statement.
ADOPTED by the Eden Prairie City Council on this 16th day of November 2010.
Phil Young, Mayor
ATTEST:
Kathleen Porta, City Clerk
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EXHIBIT A
ASSESSMENT SCHEDULE
Assessment Revenues ($) Levy Year Collection Year
112,706 2010 2011
112,706 2011 2012
112,706 2012 2013
112,706 2013 2014
112,706 2014 2015
112,706 2015 2016
112,706 2016 2017
112,706 2017 2018
112,706 2018 2019
112,706 2019 2020
112,706 2020 2021
112,706 2021 2022
112,706 2022 2023
112,706 2023 2024
112,706 2024 2025
HENNEPIN COUNTY AUDITOR'S CERTIFICATE
AS TO REGISTRATION
The undersigned,being the duly qualified and acting County Auditor of Hennepin
County, Minnesota, hereby certifies that there has been filed in my office a certified copy of a
resolution duly adopted on November 16, 2010,by the City Council of the City of Eden Prairie,
Minnesota, setting forth the form and details of an issue of$1,190,000 General Obligation
Permanent Improvement Revolving Fund Bonds, Series 2010A, dated as of December 1, 2010.
I further certify that the issue has been entered on my bond register as required by
Minnesota Statutes, Sections 475.62 and 475.63.
WITNESS my hand officially this day of , 2010.
Hennepin County Auditor
(SEAL)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Sue Kotchevar, Office of the Approve Agreement with Hilde Inc. for
City Manager/Finance Actuarial Services
Requested Action
Move to: Approve agreement with Hilde Inc. for Actuarial Services
Synopsis
Due to accounting standards, the City is required to have an actuarial study every two years to
quantify the additional cost of the City's health and dental insurance costs because retirees are
allowed to stay on the City's health and dental insurance plans. State Statute requires the City to
provide this benefit to employees that have retired. Although retirees pay the full cost of the
benefit, there is a calculated cost for this benefit for current employees that must now be
recognized in the City's financial statements. Employees earn this benefit while employed by
the City, not when they are retired. At this time, we do not expect a budget impact for this cost
because retirees pay for cost of the insurance. As you may have heard in the news, for entities
that do pay for some or all of retiree health and dental insurance, they have had to find a way to
manage the increased cost that must be recognized in their financial statements.
The City received quotes from three vendors for this service ranging from $3,700 to $5,500.
Hilde Inc. was the lowest bid and staff recommends using them for the actuarial services.
Attachment
Agreement
Standard Agreement for Professional Services
This Agreement is made on the _16th day of November, 2010, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie,
MN 55344, and Hilde Inc., a Minnesota Corporation (hereinafter "Consultant") whose business
address is 11800 Singletree Lane Suite 305 Eden Prairie, MN 55344
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is
to set forth the terms and conditions for the provision of professional services by Consultant for
Actuarial Services hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown
in Exhibit "A" in connection with the Work. The terms of this standard agreement shall take
precedence over any provisions of the Consultants proposal and/or general conditions.
2. Term. The term of this Agreement shall be from 01/01/2010 through 12/31/2010, the date of
signature by the parties notwithstanding. This Agreement may be extended upon the written
mutual consent of the parties for such additional period as they deem appropriate, and upon the
terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 3,700.00 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
1
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
6. Project Manager and Staffing. The Consultant has designated Jill M Urdahl and
to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Work in accordance with the terms
2
..........................
established herein. Consultant may not remove or replace these designated staff from the
Project without the approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of
this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the
Minnesota Government Data Practices Act, to the extent the Act is applicable to data and
documents in the possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to
pay the subcontractor any undisputed amount for which the Consultant has received payment
by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the
rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Consultant shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall
be awarded its costs and disbursements, including attorney's fees, incurred in bringing the
action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
and stating that all qualified applicants will receive consideration for employment. The
Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
3
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided. The Consultant and City, together with their respective agents and
employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota
Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.
Any violation of statutes, ordinances, rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent act or
omission (including without limitation professional errors or omissions) of the Consultant, its
agents, employees, or subcontractors in the performance of the services provided by this
Agreement and against all losses by reason of the failure of said Consultant fully to perform, in
any respect, all obligations under this Agreement.
20. Insurance.
A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay
for such insurance as will protect against claims for bodily injury or death, or for damage
to property, including loss of use, which may arise out of operations by Consultant or by
any subcontractor or by anyone employed by any of them or by anyone for whose acts
any of them may be liable. Such insurance shall include, but not be limited to, minimum
coverages and limits of liability specified in this Paragraph, or required by law. The
policy(ies) shall name the City as an additional insured for the services provided under
4
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products— Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be
equivalent in coverage to ISO form CG 0001, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent.
e. Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an
Additional Insured, on ISO form CG 20 10 11 85, or CG 20 10 10 01 and CG 20
37 10 01, or an endorsement(s) providing equivalent coverage to the Additional
Insureds. ISO form CG 20 10 07 04, and later versions of said form, are not
acceptable.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
5
h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice and Host Liquor Liability insurance applicable to the
Consultant's performance under this Agreement.
j. Severability of Insureds provision.
D. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an
insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All polices, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All polices, except the Professional Liability Insurance policy, shall be apply on a
"per project" basis;
c. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall contain a waiver of subrogation naming "the City of
Eden Prairie";
d. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall name "the City of Eden Prairie" as an additional
insured;
e. All policies, except the Professional Liability Insurance and Worker's
Compensation Policies, shall insure the defense and indemnity obligations
assumed by Consultant under this Agreement; and
f. All polices shall contain a provision that coverages afforded there under shall not
be canceled or non-renewed or restrictive modifications added, without thirty (30)
days prior written notice to the City.
A copy of the Consultant's insurance declaration page, Rider and/or
Endorsement, as applicable, which evidences the compliance with this Paragraph
20, must be filed with City prior to the start of Consultant's Work. Such documents
6
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such declaration page, Rider,
Endorsement or certificates or other evidence of insurance, or to advise Consultant of
any deficiencies in such documents and receipt thereof shall not relieve Consultant
from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ( Project ) does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of
the Project is without liability to the other, and the party using the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
7
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. 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.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
I
X •
Scope, Timeline, and Fee information for the Actuarial
Valuation under GASB Statement No. 45
City of Eden Prairie
This fee quote assumes that the City of Eden Prairie has approximately 280 Plan
Members with only the Implicit Rate Subsidy liability under GASB 45. The City had
revenue as determined for GASB No. 34 between $10 and $100 million.
•
GASB Statement No. 45 says that plans with more than 200 Plan Members must
perform an actuarial valuation at least once every two years.
For a city of the size of Eden Prairie, we believe that the liability under GASB 45 will
be material. After this initial valuation is completed, a conversation can take place
with the City's auditors to determine the materiality of GASB 45 on a going forward
basis. Based on our experience and recommendations to other entities, we expect
that the City of Eden Prairie will need to complete a valuation under GASB 45 every
other year. It will most likely be more important for the City to complete these
requirements due to Bond Disclosure Language that may promise that the City will
issue annual financial statements that conform to GAAP or GASB.
Upon receipt of all data needed for the project (see the Data Request), the actuarial
valuation results can be prepared within six weeks. Any additional information
requested (for example, changes in plan design, actuarial cost projections) could
possibly extend this timeline.
•
Hildi Incorporated
The Actuarial Valuation Process
This exhibit shows the GASB 45 process. We have attached a samploclata
request list that is required to be completed and sent by the City to Hildi Inc. in
order to complete the actuarial valuation.
Actuarial Valuation
Input Items
Participant Data/ Assets/Claim Cost OPEB Provisions
Census Information Information
I I j
•
} T e Ac uarlai f '.:� Actuarial Assumptions,
Actuarial Cost Methods,
Black BQx^ 1 and Actuarial Asset
'J t Methods
�':sttiacziW.' ..ems .r.:•r+aiA.`--�z.
Annual Required Actuarial Accrued
Contribution (ARC) Liability and Net OPEB Obligation
Normal Cost
Results
Actuarial Assumptions •
The actuary and client jointly select a proposed set of actuarial assumptions to
be used in the valuation. Hildi Inc. discusses the proposed assumptions with our
clients at an early stage in the project; not all actuaries will do this. We welcome
the client's input in the selection process, and it's important to remember that the
earlier a client questions an assumption, the less work it is for the actuary to
make the required changes to the valuation.
Hildi Incorporated
Actuarial Valuation under GASB 43/45
Sample Data Request
Data format: Preferred delivery by computer CD, disk, or email.
Data in Excel spreadsheets is preferred.
General List of items needed to perform a GASB 43145 Actuarial Valuation
• Employee/Participant Data
• Medical and Dental Claims Costs
• Medical and Dental Employee Premium/Contribution information
• • Employee Group Contracts
• Plan Asset information
• Retiree Communications or any OPEB communications
Specific List of items needed for Employee/Participant Data
Active Employees—one row of data per participant, please
• Employee ID or Social Security Number
• Gender
• Date of Birth (MMDDYYYY)
• Date of Hire(MMDDYYYY)
• Pre-Calculated Service Field
• Contract Group
• Current Salary
— please include the definition of Salary that is being used in the benefits being valued
• Current Daily Rate of Pay
• Accumulated Unused Sick Leave Days
• Health Plan Code
• Health Plan Coverage Code(none,single,family)
Retired Employees•—one row of data per participant, please
• Employee ID or Social Security Number
• Gender
• Date of Birth (MMDDYYYY)
• • Date of Retirement(MMDDYYYY)
• Contract Group
• Annual Amount of Severance Payment
• Remaining Severance Balance
• Date of Severance Start(MMDDYYYY)
• Date that Severance Ends(MMDDYYYY)
• **Separate information will be needed for Medical and Dental below,if both are provided**
• Annual City/County Paid Health Benefits,if any
• Remaining City/County Paid Health Benefits Balance
• Date City/County Paid Benefits Start(MMDDYYYY)
• Date City/County Paid Benefits End(MMDDYYYY)
• Monthly Retiree Contribution for Health Premiums
• Health Plan Code
• Health Plan Coverage Code(none, single,family)
Hildi Incorporated
•
•
Actuarial Valuation under GASB 43/45
Data Request, continued
Claims Cost Information
Current year-to-date and three Years of Monthly Claims Experience—split by Actives,
Pre-65 Retirees, Post-65 Retirees and by Medical, Dental, and Prescription Drugs.
List of Large Claims for the last three years (over$30,000).
Current year-to-date and three Years of Monthly Enrollment by Coverage Tier, split by
Plan Option,that corresponds to the Claims Experience.
Underwriting Exhibits for the current and past two years for Actives, Pre-65 Retirees,
and Post-65 Retirees.
Plan changes over the last three years and for the current year.
Other Health Plan Information
Retiree Rates and Retiree Participant Contributions (Medical and Dental)for the current
and the past three years.
Employee Group'Contracts and/or Summary Plan Descriptions for all health care and
dental benefits.
Retiree Medical and Dental Plan Documents—including eligibility requirements.
Medicare Part D direction/decision.
Plan Asset Information
Funding Vehicle materials to be used for the OPEBs, if any.
Hildi Incorporated
•
Fee Proposal
Basic Actuarial Valuation Fees for GASB Statement No. 45
Valuation Date Basic Fee
During 2a14@r a0 l 0 $3,700
• These Basic Actuarial Fees include the following:
® Teleconferencing with the actuaries on pending or anticipated issues which
may affect the actuarial valuation/report. If any work is needed based on one
of the outcomes of a teleconference, a fee will be agreed upon before any
work is initiated.
• Pre-valuation conference call to discuss and gather information on actuarial
assumptions, participant data, plan changes and any other information that
may change the upcoming actuarial report calculations.
o A results meeting at the Eden Prairie city offices to discuss the results based
on the assumptions, funding methods, asset method, and any other provisions
discussed and noted at the pre-valuation conference call.
(There will be an additional meeting charge if a 2"d results meeting is required for the Fire Relief Plan
on a different date.)
▪ An Actuarial Report including all information required by GASB Statements 43
and 45. Hildi Inc. will provide an electronic copy and three hard copies.
• Periodic memos and telephone calls to provide updates on developments that
may affect future actuarial reports.
The Basic Actuarial Fees are also based on:
• The receipt of clean participant data in the format requested from the
Hildi Inc. data request packet.
• Claims Cost requests and discussions with the Vendors not to exceed
two hours of Hildi Inc. consultant's time. If claims data is provided from
multiple vendors,there may need to be an additional charge.
Hildi Incorporated
•
Fee Proposal, continued
'Fees for Additional Actuarial Services
Description Fee
Auditor Requests Fee to be agreed upon after receipt of the audit
request
Attendance at City meetings and/or Staff Hourly Rates
Meetings
Contract Proposals Fee to be agreed upon after determination of
scope
Hourly Rates for Additional Services
Description Hourly Rate
Strategic Actuarial Consulting and Meeting $250
time
Actuarial Calculations $100-$200
Data and Administrative work $100—$200
Travel and lodging expenses are not included in the basic fee and will be invoiced separately.
Hildi Incorporated
6
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Lisa Wu, IT Manager Approve purchase servers hardware direct
Office of the City Manager from HP
Requested Action
Move to: Approve purchase of three new replacement servers from HP.
Synopsis
The City needs to upgrade its three VMware host servers for additional hosting capacity, speed
improvements, and maintenance coverage. The costs below are related to the purchase of three
new servers to replace our current three VMware hosts. One current server will be repurposed as
a backup management server and two of the servers will host virtual servers in a low priority and
testing environment. We have budgeted for$20,000 in our CIP budget and $11,000 in the IT
operation budget.
The City received quotes from three vendors (HP, Florida Micro, and CDW-G) and found that
purchasing direct from HP was by far the best value. The cost for three HP DL380 servers from
HP is $30,932.19. The other two quote price at $38,125 and $46,982.
Attachment
EP Server Quotes
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Agenda November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION:
Janet Jeremiah, Community ITEM NO.: VIII.G.
Development Director Authorize the Release of Affordable Housing
Molly Koivumaki, Manager, Regulatory Agreement
Housing and Community
Services
Requested Action
Move to: Approve execution of the Release of Affordable Housing Regulatory Agreement
between the City of Eden Prairie and Ryland Group.
Background
Ryland and the City entered into an Affordable Housing Regulatory Agreement dated
September 30, 2005 which set aside certain units for affordable housing in the Eagle Ridge at
Hennepin Village development. Five of the units have been sold and maintained as affordable,
under terms of the agreement. Despite aggressive marketing efforts on behalf of Ryland and the
City for the past two years, the remaining two units with affordability requirements filed against
the properties have not been sold. A recent program with CAPSH to market the units to veterans
or other income-qualified homebuyers with a $50,000 per unit CDBG write-down was also
unsuccessful. Income-qualified buyers often did not have the necessary down payment or credit
history to satisfy the mortgage company, and the requirement that the units remain affordable
upon sale was also a deterrent. According to the terms of the Regulatory Agreement, the City
must now release Ryland from the affordability clause.
The City allocated Community Development Block Grant(CDBG) funds to subsidize a portion
of the affordable units. Those funds will be reallocated to a First Time Homebuyer Program,
which will provide down payment assistance for homeownership to qualified low and moderate
income individuals.
Attachment:
Release of Agreement as to Lot 15, Block 2
Release of Agreement as to Lot 10, Block 2
RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT
This Release of Affordable Housing Regulatory Agreement (the "Release") is made and
entered into as of this day of , 2010, by and between The Ryland Group,
Inc., a Maryland corporation ("Ryland") and the City of Eden Prairie, a Minnesota municipal
corporation(the "City").
RECITALS:
WHEREAS, Ryland and the City entered into a certain Affordable Housing Regulatory
Agreement dated September 30, 2005 and filed of record on November 7, 2005 in the Office of
the Registrar of Titles of Hennepin County, Minnesota as Document No. 4184646 (the
"Agreement"); and
WHEREAS, pursuant to the Agreement, Lot 10, Block 2, EAGLE RIDGE AT
HENNEPIN VILLAGE FIVE ("Lot 10, Block 2"), according to the recorded plat thereof, was
designated as a"Restricted Lot"; and
WHEREAS, Ryland has made good-faith efforts pursuant to the Agreement to identify
persons and/or families meeting the income requirements of Paragraph 1.A. of the Agreement;
and
WHEREAS, Ryland has been unable to identify persons and/or families meeting the
income requirements of Paragraph 1.A. of the Agreement, despite Ryland's aforesaid good-faith
efforts; and
WHEREAS, Ryland and the City wish to release Lot 10, Block 2 from any and all
restrictions set forth in the Agreement.
NOW, THEREFORE, in consideration of the Recitals, which are hereby incorporated
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, it is hereby agreed as follows:
1. Release of Agreement as to Lot 10, Block 2. Effective immediately, the Agreement is
terminated in all respects as to Lot 10, Block 2. Said Lot 10, Block 2 shall no longer be
considered a Restricted Lot.
IN WITNESS WHEREOF, the parties hereto have caused this Release of Affordable
Housing Regulatory Agreement to be executed by their respective duly authorized
representatives as of this day of , 2010.
THE RYLAND GROUP, INC., a
Maryland corporation
By:
Its:
CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation
By:
Its:
And:
Its:
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2010,
by , the of The Ryland Group, Inc., a
Maryland corporation, for an on behalf of such corporation.
Notary Public
-2 -
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2010,
by and , being the
and , respectively, of the City of Eden Prairie, a Minnesota municipal
corporation, for an on behalf of such municipal corporation.
Notary Public
This instrument was drafted by:
GREGERSON, ROSOW, JOHNSON&NILAN, LTD.
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402
(612) 338-0755
P:\Home\1610.096-Affordable Housing\Release of Affordable Housing Regulatory Agreement-L1OB2-2010 11 04.DOC
- 3 -
RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT
This Release of Affordable Housing Regulatory Agreement (the "Release") is made and
entered into as of this day of , 2010, by and between The Ryland Group,
Inc., a Maryland corporation ("Ryland") and the City of Eden Prairie, a Minnesota municipal
corporation(the "City").
RECITALS:
WHEREAS, Ryland and the City entered into a certain Affordable Housing Regulatory
Agreement dated September 30, 2005 and filed of record on November 7, 2005 in the Office of
the Registrar of Titles of Hennepin County, Minnesota as Document No. 4184645 (the
"Agreement"); and
WHEREAS, pursuant to the Agreement, Lot 15, Block 2, EAGLE RIDGE AT
HENNEPIN VILLAGE FIVE ("Lot 15, Block 2"), according to the recorded plat thereof, was
designated as a"Restricted Lot"; and
WHEREAS, Ryland has made good-faith efforts pursuant to the Agreement to identify
persons and/or families meeting the income requirements of Paragraph 1.A. of the Agreement;
and
WHEREAS, Ryland has been unable to identify persons and/or families meeting the
income requirements of Paragraph 1.A. of the Agreement, despite Ryland's aforesaid good-faith
efforts; and
WHEREAS, Ryland and the City wish to release Lot 15, Block 2 from any and all
restrictions set forth in the Agreement.
NOW, THEREFORE, in consideration of the Recitals, which are hereby incorporated
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, it is hereby agreed as follows:
1. Release of Agreement as to Lot 15, Block 2. Effective immediately, the Agreement is
terminated in all respects as to Lot 15, Block 2. Said Lot 15, Block 2 shall no longer be
considered a Restricted Lot.
IN WITNESS WHEREOF, the parties hereto have caused this Release of Affordable
Housing Regulatory Agreement to be executed by their respective duly authorized
representatives as of this day of , 2010.
THE RYLAND GROUP, INC., a
Maryland corporation
By:
Its:
CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation
By:
Its:
And:
Its:
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2010,
by , the of The Ryland Group, Inc., a
Maryland corporation, for an on behalf of such corporation.
Notary Public
-2 -
STATE OF MINNESOTA )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2010,
by and , being the
and , respectively, of the City of Eden Prairie, a Minnesota municipal
corporation, for an on behalf of such municipal corporation.
Notary Public
This instrument was drafted by:
GREGERSON, ROSOW, JOHNSON&NILAN, LTD.
650 Third Avenue South, Suite 1600
Minneapolis, MN 55402
(612) 338-0755
P:\Home\1610.096-Affordable Housing\Release of Affordable Housing Regulatory Agreement-L15B2-2010 11 04.DOC
- 3 -
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Calendar November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Fire Department Lease to Hennepin Health Care Systems
Requested Action
Move to: Approve First Amendment to Lease between the City and Hennepin Health Care Systems
(HHCS).
Synopsis:
Hennepin Health Care Systems, successor to Hennepin County, leases ambulance space from the
City. This First Amendment substitutes the space used by HHCS in Fire Stations#1 and#3 for the
space previously used in Fire Station#5 and extends the lease five additional years until August 31,
2015.
Background Information:
In August 2000 the City and Hennepin County entered into a lease of space in Fire Station# 5 for
ambulance space use by the county. Hennepin County assigned the lease to HHCS. Fire Station#5
is no longer used but instead Fire Stations #1 and # 3 are used. HHCS requests another five year
extension to August 31,2015. Leasing this space to HHCS provides for better ambulance service to
our citizens. The City does not charge HHCS rent because of the community service provided by
having the ambulances service located in the City.
Attachment
First Amendment to Lease Agreement No. 10050
FIRST AMENDMENT TO LEASE AGREEMENT NO. A10050
THIS AGREEMENT, made and entered into by and between the City of
Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344, hereinafter referred to as
"LANDLORD"; and Hennepin County, hereinafter referred to as "COUNTY":
1 `
WITNESSETH:
WHEREAS, LANDLORD and COUNTY, entered into a certain Lease Agreement
bearing Contract No. A10050, dated August 7, 2000, for the leasing of Ambulance space
in Fire Station # 5 located at 11800 Technology Drive, Eden Prairie, Minnesota.
WHEREAS, LANDLORD AND COUNTY desire to substitute for Station # 5 the
property described as Fire Station #1 located at 114800 Scenic Heights Road and Fire
Station #3 located at 7350 Eden Prairie Road, Eden Prairie, Minnesota;
WHEREAS, pursuant to Article 13, "OPTION TO RENEW", of this Lease,
LANDLORD and COUNTY renewed Contract No. A10050, by letter dated May 25, 2005,
extending the term thereof to August 31, 2010;
WHEREAS, Hennepin County has assigned its interest in this Lease Agreement to
Hennepin Healthcare System, Inc, a Minnesota nonprofit corporation, 701 Park Avenue South,
Minneapolis, MN 55415, hereinafter referred to as TENANT, which assignment was consented
to in writing by LANDLORD on December 13, 2006; and
WHEREAS, LANDLORD and TENANT desire to amend the Lease in certain
particulars;
NOW, THEREFORE, the parties mutually agree as follows:
A. Article 2, "TERM OF LEASE," of the Lease is hereby amended by adding the
following to the end thereof:
LANDLORD and TENANT hereby mutually agree to extend the term of this
Lease for a period of five (5) years, commencing on September 1, 2010, and
terminating on August 31, 2015.
B. Article 9, "NOTICES", of this Lease is hereby amended by substituting the therefor:
Any notices or demands which must be given by one party to the other
according to the terms of this Lease or by law shall be in writing and mailed (certified or
registered mail) to:
LANDLORD: Manager
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
HHS, INC: Manager, Emergency Medical Services
Hennepin County Medical Center
701 Park Avenue — P1
Minneapolis, MN 55415
COPY TO COUNTY: Manager, Leasing & Land Management Division
Department of Housing, Community Works and Transit
417 N. 5th Street, Suite 320
Minneapolis, MN 55401-1362
Either party may designate a different address at any time by giving written notice of it
as stated above. If a notice is hand delivered, the notice shall be deemed received when it is
actually delivered.
C. Article 1, "DESCRIPTION OF PROPERTY"is hereby amended by substituting
for Station # 5, the following property: Approximately # rentable square feet
Ambulance space ("Leased Premises") in each of the buildings known as Fire
Station #1, located at 114800 Scenic Heights Road and Fire Station # 3 located at
7350 Eden Prairie Road, Eden Prairie , MN ("Buildings") all as depicted and set
forth in Exhibit "Al and A2", attached hereto and made a part of this Lease by
reference, together with the non-exclusive use in common with others entitled to
use same: sidewalks, walkways, entryways, parking lots, and such other common
areas, facilities and improvements designated for common use and benefit.
and deleting Station # 5 form the Lease.
The effective date of this First Amendment to Lease Agreement No. A10040 is
September 1, 2010.
Except as hereinabove amended, the terms, conditions and provisions of Lease
Agreement No. A10050, dated August 7, 2000, shall apply to and govern the provisions of this
Agreement.
The Remainder Of This Page Intentionally Left Blank
LANDLORD, having signed this Amendment and the HHS, Inc. Board of
Commissioners having duly approved this Amendment on the day of , 2010,
and pursuant to such approval, the proper HHS officials having signed this Amendment, the
parties hereto agree to be bound by the provisions set forth herein.
APPROVED AS TO FORM:
By:
By: Title:
Assistant County Attorney
Date: Date:
APPROVED AS TO EXECUTION By:
By: Title:
Assistant County Attorney
Date:
Date:
The city is organized pursuant to (check one):
X
Plan A Plan B Charter
LEASE NO. A10050
HENNEPIN HEALTHCARE SYSTEM, INC.
CITY OF EDEN PRAIRIE By:
Title:
Date:
By:
Title:
Date:
CITY COUNCIL AGENDA
DATE:
SECTION: Consent Agenda November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Release of ITEM NO.: VIII.J.
Community Development Property Lot 1, Block 1, Auto World
Addition from Windsor Plaza Obligations
Requested Action
Move to: Approve execution of Partial Releases of Lot 1,Block 1,Auto World Addition from the
Solomon Real Estate Group Development Agreement,the Eden Road Maintenance Agreement and
the Environmental Indemnity and Hold Harmless Agreement.
Synopsis:
The Windsor Plaza Development Agreement covers a portion of the property now platted as Lot 1,
Block 1, Auto World Addition, which is the Randy, Bobby and Steves Auto World development.
That property is subject to its own Development Agreement.
Background Information:
In December 2007 Solomon Real Estate Group entered into a Development Agreement, an Eden
Road Maintenance Agreement and an Environmental Indemnity and Hold Harmless Agreement with
the City. At the time it was anticipated that the Randy, Bobby and Steves Auto World would
develop on a portion of the property platted as Windsor Plaza but the timing of that development was
going to be subsequent to Windsor Plaza. Randy,Bobby and Steves Auto World is now platted as
Lot 1, Block 1, Auto World Addition and is subject to its own Development Agreement. It is
appropriate to release Lot 1, Block 1,Auto World Addition from the documents referred to above.
The Windsor Plaza developer and development remains subject to the obligations in these
documents and these partial releases do not release any property other than Lot 1, Block 1, Auto
World Addition.
Attachment
Partial Release—Development Agreement
Partial Release—Eden Road Maintenance Agreement
Partial Release—Environmental Indemnity and Hold Harmless Agreement.
PARTIAL RELEASE OF
DEVELOPMENT AGREEMENT
Date: .
FOR VALUABLE CONSIDERATION, the real property in Hennepin County,
Minnesota legally describe as follows:
Lot 1, Block 1, Auto World Addition
is hereby released from that certain Development Agreement between Solomon Real
Estate Group, Inc. and the City of Eden Prairie, dated September 4, 2007, filed with the
Registrar of Titles of Hennepin County, Minnesota on September 7, 2007, as Document
No. 4423818; as amended by that certain First Amendment to Development Agreement
dated November 15, 2007, filed with the Registrar of Titles of Hennepin County,
Minnesota on December 31, 2007 as Document No. 4458080; as amended by that certain
Second Amendment to Development Agreement dated December 18, 2007, filed with the
Registrar of Titles of Hennepin County, Minnesota on December 31, 2007, as Document
No. 4458081; as amended by that certain Third Amendment to Development Agreement
dated June 3, 2008, filed with the Registrar of Titles of Hennepin County, Minnesota on
June 12, 2008, as Document No. 4504902; and as amended by that certain Fourth
Amendment to Development Agreement dated September 2, 2008, filed with the
Registrar of Titles of Hennepin County, Minnesota on December 2, 2008, as Document
No. 4548463. The real property described in this partial release was formerly legally
described as Outlot B, Windsor Plaza.
CITY OF EDEN PRAIRIE
By
Phil Young
Its Mayor
By
Jay Lotthammer
Its Interim City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2010, by Phil Young and Jay Lotthammer, respectively the
Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal
corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Siegel Brill Greupner Duffy&Foster PA
100 Washington Avenue South,Suite 1300
Minneapolis,MN 55401
612-337-6100
PARTIAL RELEASE OF
EDEN ROAD MAINTENANCE AGREEMENT
Date: .
FOR VALUABLE CONSIDERATION, the real property in Hennepin County,
Minnesota legally describe as follows:
Lot 1, Block 1, Auto World Addition
is hereby released from that certain Eden Road Maintenance Agreement dated December
18, 2007, given by Windsor Plaza, LLC, a Minnesota limited liability company, in favor
of the City of Eden Prairie, a municipal corporation, recorded with the Registrar of Titles
of Hennepin County, Minnesota on December 31, 2007, as Document No. 4458084. The
real property described in this partial release was formerly legally described as Outlot B,
Windsor Plaza.
CITY OF EDEN PRAIRIE
By
Phil Young
Its Mayor
By
Jay Lotthammer
Its Interim City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2010, by Phil Young and Jay Lotthammer, respectively the
Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal
corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Siegel Brill Greupner Duffy&Foster PA
100 Washington Avenue South,Suite 1300
Minneapolis,MN 55401
612-337-6100
PARTIAL RELEASE OF
ENVIRONMENTAL INDEMNITY AND
HOLD HARMLESS AGREEMENT
Date: .
FOR VALUABLE CONSIDERATION, the real property in Hennepin County,
Minnesota legally describe as follows:
Lot 1, Block 1, Auto World Addition
is hereby released from that certain Environmental Indemnity and Hold Harmless
Agreement dated September 4, 2007, given by Windsor Plaza, LLC, a Minnesota limited
liability company, in favor of the City of Eden Prairie, a municipal corporation, recorded
with the Registrar of Titles of Hennepin County, Minnesota on September 20, 2007, as
Document No. 4428472. The real property described in this partial release was formerly
legally described as Outlot B, Windsor Plaza.
CITY OF EDEN PRAIRIE
By
Phil Young
Its Mayor
By
Jay Lotthammer
Its Interim City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2010, by Phil Young and Jay Lotthammer, respectively the
Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal
corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Siegel Brill Greupner Duffy&Foster PA
100 Washington Avenue South,Suite 1300
Minneapolis,MN 55401
612-337-6100
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearing November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Christy Weigel, Licensing Precious Metal Dealer License
Police/Support Unit
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the Precious Metal Dealer's License for Gold Buyers at the Mall, LLC, DBA: Gold
Buyers at the Mall
Synopsis
Gold Buyers at the Mall, located at 8251 Flying Cloud Drive, Suite 125, has applied for a
Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's
license is required by City Code Section 5.71, Subd. 10. Notice of the public hearing was
published in the November 4, 2010 Eden Prairie News and mailed to 131 property owners.
A precious metal dealer is defined as any person engaging in the business of buying secondhand
items containing precious metal, including, but not limited to,jewelry, watches, eating utensils,
candlesticks, and religious and decorative objects.
The Police Department has completed background investigations on the owners and business and
recommends approval of this license.
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.:
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 202329 - 203163
Wire Transfers 3983 - 4016
3995 —4005 September Purchasing Card Payment
City of Eden Prairie
Council Check Summary
11/16/2010
Division Amount Division Amount
General 105,388 315 Economic Development 1,817
100 City Manager 1,711 502 Park Development 322,827
101 Legislative 13,819 503 Utility Improvement 164,337
102 Legal Counsel 57,520 509 CIP Fund 32,807
110 City Clerk 852 512 CIP Trails 3,294
111 Customer Service 10,285 513 CIP Pavement Management 68,768
112 Human Resources 123 521 Trails Referendum 134,776
113 Communications 13,017 522 Improvement Projects 2006 35,537
114 Benefits&Training 15,428 Total Capital Project Funds 764,162
130 Assessing 1,908
132 Housing and Community Services 21,082 601 Prairie Village Liquor 229,307
133 Planning 596 602 Den Road Liquor 312,948
136 Public Safety Communications 13,754 603 Prairie View Liquor 224,473
137 Economic Development 833 605 Den Road Building 2,808
138 Community Development Admin. 232 701 Water Fund 245,933
150 Park Administration 2,706 702 Sewer Fund 286,969
151 Park Maintenance 41,025 703 Storm Drainage Fund 38,963
153 Organized Athletics 6,071 Total Enterprise Funds 1,341,401
154 Community Center 19,608
155 Beaches 129 316 WAFTA 56,680
156 Youth Programs 643 803 Escrow Fund 11,803
157 Special Events 2,364 804 100 Year History 4
158 Adult Recreation 3,812 806 SAC Agency Fund 75,600
159 Recreation Administration 4,347 809 Investment Fund 8,684
160 Therapeutic Recreation 600 Total Agency Funds 152,771
161 Oak Point Pool 14
162 Arts 7,332 807 Benefits Fund 897,715
163 Outdoor Center 3,117 810 Workers Comp Insurance 12
164 Park Rental Facilities 15 812 Fleet Internal Service 88,842
167 CC-Youth Programs 938 813 IT Internal Service 72,238
168 Arts Center 2,075 814 Facilities Capital ISF 10,643
169 SC-Therapeutic Recreation 14 815 Facilites Operating ISF 38,613
180 Police 27,721 816 Facilites City Center ISF 108,636
183 Emergency Preparedness 249 817 Facilites Comm.Center ISF 73,436
184 Fire 57,674 Total Internal Service Funds
186 Inspections 877
200 Engineering 773 Report Total 4,113,800
201 Street Maintenance 32,873
202 Street Lighting 65,829
Total General Funds 537,354
301 CDBG 16,551
303 Cemetary Operation 5,078
304 Senior Board 344
308 E-911 1,050
309 DWI Forfeiture 1,026
312 Recycle Rebate 1,503
Total Special Revenue Funds 25,551
428 G.O.Improv.Revolving 2005B 450
431 G.O.Improvement Bonds 2006B 400
432 G.O.Improvement Bonds 2006C 375
434 2008A Capital Equipment Notes 400
435 2008B G.O.Improvement Bonds 800
Total Debt Service Funds 2,425
City of Eden Prairie
Council Check Register
11/16/2010
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202648 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee
202548 251,990 BLACKSTONE CONTRACTORS LLC Improvements to Land Park Acquisition&Development Miller Park Play Area
202609 240,747 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium
4013 189,603 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes
3992 184,425 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes
202669 149,402 NORTHWEST ASPHALT Improvements to Land Trails Referendum Staring Lake/SingleTree Lane
4016 119,713 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
4006 118,253 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
3990 111,174 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax
202750 103,685 XCEL ENERGY Electric Den Road Liquor Store Monthly Utilities
202744 95,691 ALLIED BLACKTOP CO Seal Coating CIP Pavement Management
202515 95,473 XCEL ENERGY Electric City Hall-CAM
202876 62,496 MN DEPT OF TRANSPORTATION Improvement Contracts Utility Improvement Fund
202909 49,980 RACHEL CONTRACTING LLC Other Contracted Services WAFTA
203080 49,896 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
202984 48,190 AIM ELECTRONICS Improvements to Land Park Acquisition&Development
202694 38,584 SL-SERCO Other Contracted Services Infiltration/Inflow Study
202630 38,579 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
202431 35,975 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store
4005 35,894 US BANK Deposits Escrow
203064 33,641 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store
202734 31,646 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
202843 27,891 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
202836 27,507 INTEGRITY REMODELING&DESIGN Building Fire
202509 27,027 WIRTZ BEVERAGE MINNESOTA Liquor Prairie View Liquor Store
202641 25,815 LOGIS LOGIS IT Operating
202451 24,948 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
202604 24,327 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
203159 23,805 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
202577 22,295 DIVERSE BUILDING MAINTENANCE Janitor Service Den Bldg.-CAM
202906 21,997 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store
202530 19,647 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM
202687 19,593 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store
3994 19,339 ING Deferred Compensation General Fund
4015 19,243 ING Deferred Compensation General Fund
202741 18,961 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
203163 18,688 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
203121 18,167 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study
203109 17,990 QUALITY WINE&SPIRITS CO Wine Domestic Prairie View Liquor Store
202567 16,982 COMPAR INC Other Assets CIP-Bonds
202880 16,895 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant
203152 16,368 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters
202820 16,240 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 2006
203123 16,240 SL-SERCO Other Contracted Services Infiltration/Inflow Study
203160 15,653 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
3993 15,577 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
4012 15,522 CERIDIAN State Taxes Withheld Health and Benefits
4014 15,495 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
202993 15,410 ATOMIC ARCHITECTURAL SHEET MET Other Contracted Services Utility Improvement Fund
202680 15,392 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
203146 15,273 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance
202925 15,060 ST CROIX ENVIRONMENTAL INC Design&Engineering Utility Improvement Fund
202551 14,894 BONNER&BORHART LLP Legal Legal Council
202948 14,865 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
202510 14,756 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
202708 14,268 THORPE DISTRIBUTING Beer Prairie View Liquor Store
202588 14,139 FASTSIGNS Printing Recreation Administration
203060 14,067 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
202478 13,730 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store
202931 13,308 THORPE DISTRIBUTING Beer Den Road Liquor Store
202675 13,244 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
202921 13,068 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit
202682 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
202403 12,390 GRAYMONT Treatment Chemicals Water Treatment Plant
202735 12,370 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store
203017 12,000 DECISION RESOURCES LTD Other Contracted Services Legal Council
202492 11,966 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store
202671 11,952 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store
202947 11,903 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store
203137 11,864 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
202731 11,812 WINE MERCHANTS INC Transportation Prairie View Liquor Store
202643 11,547 MARCO INC Operating Supplies IT Telephone
202874 11,427 MINNESOTA UI FUND Unemployment Compensation Organizational Services
202780 11,273 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
202897 10,787 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
202806 10,745 FIRE SAFETY USA INC Depreciation Fire
203102 10,593 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
202425 10,187 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store
202625 9,997 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store
202420 9,469 HUNERBERG CONSTRUCTION COMPANY Other Contracted Services Park Acquisition&Development
202602 9,276 GRAYMONT Treatment Chemicals Water Treatment Plant
202572 9,103 DAY DISTRIBUTING Beer Prairie View Liquor Store
202443 9,096 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
202639 9,050 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits
202839 8,885 JJ TAYLOR DISTRIBUTING MINNESO Beer Prairie View Liquor Store
202743 8,880 ZIEGLER INC Equipment Repair&Maint Fleet Operating
203125 8,476 SOLDO CONSULTING PC Legal Legal Council
202855 8,333 M&A EXECUTIVE SEARCH LLC Other Contracted Services City Council
202547 7,569 BITUMINOUS ROADWAYS INC Improvements to Land Park Acquisition&Development
202470 7,541 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store
202384 7,522 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
202975 7,500 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
202346 7,306 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
202372 7,037 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202697 6,901 SRF CONSULTING GROUP INC Design&Engineering Storm Drainage
202983 6,793 A-SCAPE INC Other Contracted Services Economic Development Fund
203016 6,778 DAY DISTRIBUTING Beer Prairie Village Liquor Store
202563 6,720 CHEMUNG SUPPLY CORP Small Tools Fleet Operating
202537 6,713 APPLE AMERICAN GROUP LLC Liquor Licenses General Fund
202349 6,535 BIFFS INC Waste Disposal Park Maintenance
202791 6,515 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store
202826 6,482 HENNEPIN SOUTH SERVICES COLLAB Other Contracted Services Housing and Community Service
202888 6,456 NORTHSHORE ADVISORS LLC Interest Investment Fund
202371 6,447 DAKOTA SUPPLY GROUP INC Repair&Maint.Supplies Water Metering
202533 6,439 AMEC GEOMATRIX Other Contracted Services WAFTA
202465 6,409 NILSSON,BETH Instructor Service Ice Show
203050 6,392 HD SUPPLY WATERWORKS LTD Merchandise for Resale Water Metering
202527 6,283 A-Z RESTAURANT EQUIPMENT COMPA Contract Svcs-Garden Romm Garden Room Repairs
202815 6,236 GRAYMONT Treatment Chemicals Water Treatment Plant
203046 6,227 GRAYMONT Treatment Chemicals Water Treatment Plant
202544 6,019 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
202911 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
202807 5,953 FLORIDA MICRO LLC Other Hardware IT Capital
202945 5,936 WINE MERCHANTS INC Transportation Prairie View Liquor Store
202821 5,907 HEALTH ACTIVATION SERVICES PLC Health&Fitness Fire
202953 5,795 XCEL ENERGY Electric Prairie Village Liquor Store
202607 5,794 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering
202968 5,763 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum
202506 5,668 WINE MERCHANTS INC Transportation Prairie View Liquor Store
202334 5,567 AMERICAN ENGINEERING TESTING I Testing-Soil Boring Improvement Projects 2006
202954 5,529 YALE MECHANICAL INC Building Repair&Maint. Water Treatment Plant
202395 5,512 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
202411 5,342 HENNEPIN COUNTY TREASURER Board of Prisoner Police
202756 5,157 AIRLINX COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications
203082 5,153 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
202922 5,081 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
202561 4,983 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
202868 4,963 MINNESOTA ATHLETIC APPAREL Fire Prevention Supplies Fire
203047 4,950 GUILFOIL,TIM Deposits Escrow
203012 4,903 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering
202726 4,893 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
202566 4,864 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service
202974 4,804 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations
4007 4,780 US BANK TRUST Other Deductions Health and Benefits
202606 4,724 HAWKINS INC Treatment Chemicals Water Treatment Plant
202560 4,672 CDW GOVERNMENT INC. Other Hardware IT Operating
202504 4,455 WINE COMPANY,THE Transportation Prairie View Liquor Store
202999 4,431 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
202456 4,400 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
202525 4,270 3D SPECIALTIES Equipment Parts Fleet Operating
203117 4,270 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant
203118 4,188 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service
203092 4,158 MUNICIPAL WATER SOLUTIONS LLC Treatment Chemicals Water Treatment Plant
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202497 4,134 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks
202769 4,105 BELLBOY CORPORATION Transportation Den Road Liquor Store
202453 4,097 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
202972 4,064 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
202637 4,062 LAVAN FLOOR COVERING Contract Svcs-General Bldg Community Center Maintenance
202866 4,038 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance
203126 4,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service
203157 3,913 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
202824 3,852 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire
202818 3,820 H&R CONSTRUCTION Other Rentals Street Maintenance
202365 3,667 CENTURYLINK Telephone IT Telephone
202529 3,650 ABM EQUIPMENT AND SUPPLY COMPA Janitor Service Utility Operations-General
202466 3,525 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation
202332 3,511 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
202834 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service
202362 3,488 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
203091 3,381 MUELLER CO Repair&Maint.Supplies Water Metering
202545 3,378 BELLBOY CORPORATION Transportation Prairie View Liquor Store
202340 3,341 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance
203027 3,340 EDEN PRAIRIE ROTARY CLUB Deposits Escrow
202994 3,325 AVI SYSTEMS INC Equipment Repair&Maint Communications
202684 3,313 PROSOURCE SUPPLY Supplies-General Bldg Community Center Maintenance
202578 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
202706 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
202752 3,175 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant
203048 3,163 H&R CONSTRUCTION Other Rentals Street Maintenance
202893 3,111 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
202484 3,065 SHI CORP Software IT Operating
203032 2,987 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
202343 2,928 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
202377 2,905 DON STODOLA WELL DRILLING CO I Other Contracted Services Pleasant Hill Cemetery
202943 2,878 WINE COMPANY,THE Transportation Prairie View Liquor Store
202941 2,848 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF
202418 2,819 HOHENSTEINS INC Beer Prairie View Liquor Store
202612 2,750 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
203098 2,714 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
202878 2,700 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications
202716 2,698 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications
202696 2,680 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications
202652 2,631 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails
202467 2,512 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
203135 2,486 SURLY BREWING CO Beer Prairie Village Liquor Store
202521 2,412 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
202511 2,386 WM MUELLER AND SONS INC Repair&Maint. Supplies Storm Drainage
202667 2,366 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Park Shelters
202358 2,346 BUCK,NATHAN Other Contracted Services Softball
202721 2,294 VINOCOPIA Transportation Prairie View Liquor Store
202450 2,282 METRO SALES INCORPORATED* Equipment Repair&Maint Customer Service
203053 2,268 HENNEPIN COUNTY TREASURER Board of Prisoner Police
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203031 2,254 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund
202651 2,238 MICHAELSON,ELIZABETH H Operating Supplies Summer Theatre
203145 2,228 US DEPARTMENT OF ENERGY Interest Investment Fund
202460 2,171 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
202698 2,149 STAPLES ADVANTAGE Office Supplies Customer Service
202964 2,107 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance
202553 2,093 BOURGET IMPORTS Transportation Prairie View Liquor Store
202491 1,999 SURLY BREWING CO Beer Prairie View Liquor Store
202916 1,978 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant
202562 1,969 CERIDIAN Ceridian IT Operating
202580 1,953 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs
202830 1,928 HOHENSTEINS INC Beer Den Road Liquor Store
203018 1,923 DECK STORE,THE Building Materials Park Acquisition&Development
202366 1,896 CERIDIAN Ceridian IT Operating
202737 1,859 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store
202370 1,846 CUSTOM MANUFACTURING INC Building Materials Park Acquisition&Development
3985 1,831 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
202837 1,829 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
202711 1,826 TREE TRUST Other Contracted Services Park Maintenance
202447 1,801 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
202719 1,786 VERIZON WIRELESS Wireless Subscription IT Operating
202827 1,781 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire
202415 1,763 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
202979 1,763 US POSTMASTER Postage Water Accounting
202575 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating
203151 1,688 VTI Equipment Repair&Maint Public Safety Communications
202417 1,636 HOFF,BARRY&KOZAR,P.A. Legal Legal Council
203154 1,618 WHEELER LUMBER LLC Other Rentals Street Maintenance
203116 1,603 SAFETY SIGNS Other Rentals Street Maintenance
202942 1,600 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes
202534 1,579 AMERICAN ENGINEERING TESTING I Testing-Soil Boring Improvement Projects 2006
202908 1,551 R&R SPECIALTIES OF WISCONSIN Contract Svcs-Ice Rink Ice Arena Maintenance
202982 1,542 A TO Z RENTAL CENTER Repair&Maint.Supplies City Center Operations
202778 1,539 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
202513 1,532 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store
203134 1,532 STREICHERS Protective Clothing Police
202748 1,518 WM MUELLER AND SONS INC Gravel Infiltration/Inflow Study
203079 1,509 METRO SALES INCORPORATED* Other Rentals General Facilities
202800 1,500 ETHICAL LEADERS IN ACTION LLC Tuition Reimbursement/School Fire
202828 1,499 HIGHWAY TECHNOLOGIES INC Contracted Striping Traffic Signs
203127 1,498 SOUTHWEST SUBURBAN PUBLISHING- Printing Art Crawl
202531 1,496 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Water Accounting
202538 1,492 APPLEBEE'S RESTAURANTS NORTH Liquor Licenses General Fund
202892 1,486 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
202844 1,475 KEEPERS Clothing&Uniforms Fire
202398 1,469 GIRARD'S BUSINESS SOLUTIONS IN Prepaid Expenses General Fund
202705 1,432 TEE JAY NORTH INC Other Contracted Services Liquor Store 3
202396 1,402 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
202331 1,397 ALLDATA Software Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203039 1,397 FORMS&SYSTEMS OF MINNESOTA Printing Police
203162 1,387 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store
202432 1,384 KEEPERS Clothing&Uniforms Fire
203030 1,321 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
202901 1,289 PRESERVE ASSOCIATION,THE AR Utility Water Enterprise Fund
202556 1,281 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance
203083 1,272 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie Village Liquor Store
202619 1,250 HOMELINE Refunds CDBG-Public Service
203029 1,235 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund
202754 1,217 2ND WIND EXERCISE Equipment Repair&Maint Fitness Center
202797 1,198 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store
202471 1,192 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center
202895 1,176 PEPSI COLA COMPANY Merchandise for Resale Concessions
202654 1,175 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage
202849 1,170 LAN-DE-CON Improvements to Land Improvement Projects 2006
202499 1,165 VINOCOPIA Transportation Prairie View Liquor Store
203103 1,165 POWERPLAN OIB Equipment Parts Fleet Operating
203113 1,165 RDO EQUIPMENT CO Equipment Parts Fleet Operating
202464 1,146 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
202485 1,128 SOUTHWEST SUBURBAN PUBLISHING- Advertising International Festival
202995 1,127 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage
202676 1,125 PLEHAL BLACKTOPPING INC Improvement Contracts CIP Trails
202512 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance
202439 1,097 LANDS END CORPORATE SALES Clothing&Uniforms Police
203161 1,081 WORK CONNECTION,THE Other Contracted Services Park Maintenance
203153 1,080 WEEDMAN,NICOLE Operating Supplies Halloween Party
202624 1,071 JANAVARAS ENTERPRISES LLC Transportation Prairie View Liquor Store
202596 1,054 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General
202858 1,054 MAUI WOWI HAWAIIAN Merchandise for Resale Concessions
203051 1,050 HENNEPIN COUNTY HOUSING,COMMU Refunds CDBG-Public Service
202419 1,050 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
202555 1,050 BROWN TRAFFIC PRODUCTS INC Equipment Repair&Maint Traffic Signals
202816 1,049 GREENSIDE INC Contract Svcs-Asphalt/Concr. City Hall-CAM
202736 1,047 WORK CONNECTION,THE Other Contracted Services Park Maintenance
203095 1,038 PANNIER Other Contracted Services Environmental Education
202949 1,030 WORK CONNECTION,THE Other Contracted Services Park Maintenance
202367 1,025 CHEMSEARCH Supplies-HVAC City Hall-CAM
202742 1,016 Z WINES USA LLC Transportation Prairie View Liquor Store
202518 1,015 ESRI Software Maintenance IT Operating
202781 1,000 CERIDIAN Ceridian IT Operating
203115 980 SACKETT,MATTHEW Tuition Reimbursement/School Organizational Services
202543 975 BATES,DON Other Contracted Services Community Band
202653 973 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
202950 972 WORLD CLASS WINES INC Transportation Den Road Liquor Store
202847 966 KUSTOM SIGNALS INC Miscellaneous DWI Forfeiture
202782 960 CHIEF SUPPLY Fire Prevention Supplies Fire
202601 950 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
202927 948 STAPLES ADVANTAGE Office Supplies Customer Service
202448 918 MEDICINE LAKE TOURS Special Event Fees Trips
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202740 909 YALE MECHANICAL INC Building Repair&Maint. Water Wells
203156 904 WINE COMPANY,THE Transportation Prairie Village Liquor Store
202631 904 KEEPERS Clothing&Uniforms Police
203076 903 MCQUAY INTERNATIONAL Contract Svcs-Garden Romm Garden Room Repairs
202786 900 CLEARWIRE LEGACY LLC Deposits Escrow
203141 890 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
202976 884 STREICHERS Clothing&Uniforms Police
202337 882 ANCHOR PAPER COMPANY Office Supplies Police
203025 870 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund
202712 860 TM COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store
202929 860 SUPERIOR STRIPING INC Contract Svcs-Asphalt/Concr. City Hall-CAM
203004 860 BROWN,PAUL Other Contracted Services Touch Football
202963 853 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture
203006 851 CEMSTONE PRODUCTS COMPANY Repair&Maint. Supplies Storm Drainage
202569 845 COSTCO Operating Supplies Senior Board
202599 844 GRAINGER Supplies-General Bldg Arts Center
203055 838 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
202829 834 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
202863 831 METRO SALES INCORPORATED* Other Rentals Customer Service
202977 825 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006C
202647 812 METRO SALES INCORPORATED* Other Rentals Customer Service
203085 788 MINNESOTA HUMAN SERVICES Other Contracted Services Park Maintenance
203110 787 QWEST Process Control Services Water Treatment Plant
202618 781 HOME DEPOT CREDIT SERVICES Repair&Maint-Ice Rink Ice Arena Maintenance
203097 780 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
203128 765 SPRINT Wireless Subscription IT Operating
4011 762 CERIDIAN Garnishment Withheld General Fund
202981 736 PETTY CASH
202690 720 SEGER,KATHERINE L Instructor Service Arts Center
202933 713 TIMM,KEVIN Other Contracted Services Softball
202576 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
203015 700 DANHAUSER,LINDSEY Tuition Reimbursement/School Organizational Services
203022 700 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery
203150 697 VISTAR CORPORATION Merchandise for Resale Concessions
202532 690 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant
202998 689 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
202591 686 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store
202747 684 SOUTHWEST SUBURBAN PUBLISHING- Advertising July 4th Celebration
202423 684 J H LARSON COMPANY Supplies-Electrical Fire Station#4
202761 680 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General
202772 678 BLOOMINGTON SECURITY SOLUTIONS Other Assets Water Treatment Plant
202956 675 CLEARWIRE LEGACY LLC Deposits Escrow
202958 662 GE CAPITAL Other Rentals Customer Service
202672 660 PETERBILT NORTH Equipment Parts Fleet Operating
202789 656 COMPAR INC Supplies-General Bldg General Community Center
202408 653 HD SUPPLY WATERWORKS LTD Building Materials Park Acquisition&Development
202500 653 VISTAR CORPORATION Merchandise for Resale Concessions
202416 648 HOBART Contract Svcs-Garden Romm Garden Room Repairs
202730 637 WINE COMPANY,THE Transportation Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203087 636 MORAN USA,LLC Transportation Den Road Liquor Store
202701 629 STREICHERS Clothing&Uniforms Police
202616 627 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
202813 624 GRAINGER Repair&Maint.Supplies Emergency Preparedness
3991 616 CERIDIAN Garnishment Withheld General Fund
202407 603 HALLOCK COMPANY INC Process Control Equipment Water Treatment Plant
202845 600 KROOG,RACHAEL Other Contracted Services Halloween Party
202725 598 WEIDENFELLER,GIN Instructor Service Arts Center
203008 590 CONNEY SAFETY PRODUCTS Repair&Maint.Supplies Fire
202659 581 MINNESOTA WANNER COMPANY Equipment Repair&Maint Park Maintenance
203044 575 GRAINGER Repair&Maint.Supplies Fire
202924 574 SPS COMPANIES Equipment Parts Water Treatment Plant
202657 573 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance
202427 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Utility Operations-General
202626 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Utility Operations-General
3989 568 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
202759 566 ANDERBERG INNOVATIVE PRINT SOL Printing Police
203111 566 QWEST Maintenance Contracts E-911 Program
202389 565 FIRE SAFETY USA INC Protective Clothing Fire
202987 563 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Prairie Village Liquor Store
202382 562 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
202481 561 REBS MARKETING Other Contracted Services Water Accounting
202347 559 BERNICK'S WINE Wine Domestic Prairie View Liquor Store
203100 556 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Pool Maintenance
202973 547 MCPHILLIPS BROS ROOFING CO Equipment Repair&Maint Prairie View Liquor Store
202707 543 THE OASIS GROUP Employee Assistance Organizational Services
202812 540 GOVDELIVERY Software Maintenance IT Operating
202357 539 BRO-TEX INC Equipment Parts Fleet Operating
202644 535 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
202663 531 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
4010 530 CERIDIAN Garnishment Withheld General Fund
203045 529 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store
202496 527 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating
202903 514 PROP United Way Withheld General Fund
202804 510 FEIDT,ADAM M Mileage&Parking IT Operating
202336 507 AMERITRAK Other Contracted Services Street Maintenance
202854 503 LUBRICATION TECHNOLOGIES INC Operating Supplies Park Maintenance
202857 500 MARTIN-MCALLISTER Employment Support Test Fire
202755 496 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant
202969 495 J H LARSON COMPANY Supplies-Electrical Fire Station#4
202444 494 LITTLE FALLS MACHINE INC Equipment Repair&Maint Fleet Operating
202457 492 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance
202985 491 AL'S COFFEE Merchandise for Resale Concessions
203155 485 WHITE BEAR RESCUE TRAINING CEN Prepaid Expenses General Fund
202516 484 MNCAR EXCHANGE,THE Dues&Subscriptions Economic Development
202795 482 DMX MUSIC Other Contracted Services Den Road Liquor Store
203067 480 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis
202702 478 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating
202388 476 FERRELLGAS Gas Riley House
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202774 472 BOYER TRUCKS Equipment Parts Fleet Operating
202605 471 GS DIRECT Operating Supplies Engineering
202704 465 SURLY BREWING CO Beer Prairie View Liquor Store
203026 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police
202381 460 ELIASON,STEVE J Other Contracted Services Softball
202765 460 BARNES,BELINDA A. Other Contracted Services Volleyball
203136 459 TEE JAY NORTH INC Building Repair&Maint. Den Road Liquor Store
203081 459 METROPOLITAN FORD Equipment Parts Fleet Operating
202433 458 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis
202910 456 REBS MARKETING Other Contracted Services Environmental Education
202722 456 VINTAGE ONE WINES INC Transportation Prairie Village Liquor Store
202799 453 ESCH CONSTRUCTION SUPPLY INC Repair&Maint. Supplies Storm Drainage
202394 449 GE CAPITAL Other Rentals Customer Service
202894 443 PBBS EQUIPMENT CORP Supplies-HVAC City Hall-CAM
202810 440 GE CAPITAL Other Rentals Customer Service
202890 435 OPPORTUNITY PARTNERS Janitor Service Fire Station#3
203041 434 GE CAPITAL Other Rentals Customer Service
202823 428 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
202762 428 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
202991 428 ASPEN EQUIPMENT CO. Equipment Parts Park Maintenance
202840 424 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance
203096 423 PAPCO INC Contract Svcs-General Bldg Community Center Maintenance
203001 421 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
202913 420 ROOT 0 MATIC Contract Svcs-Plumbing Ice Arena Maintenance
202611 419 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
202603 414 GREATAMERICA LEASING CORP. Postage Customer Service
203043 414 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM
202401 407 GRAND PERE WINES INC Transportation Prairie View Liquor Store
202570 402 CRUISERS Equipment Parts Fleet Operating
202557 395 BUETOW AND ASSOCIATES INC Design&Engineering Park Acquisition&Development
4008 394 CERIDIAN Garnishment Withheld General Fund
202459 394 MINNESOTA REVENUE Garnishment Withheld General Fund
202885 390 NFPA Dues&Subscriptions Fire
202594 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service
202546 387 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
202421 385 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Operating
202589 382 FIRE SAFETY USA INC Protective Clothing Fire
203093 382 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
202790 379 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program
202865 378 MID AMERICA FESTIVALS Deposits Escrow
202809 376 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous Internal Events
202399 372 GRAINGER Supplies-General Bldg Community Center Maintenance
202385 372 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
202585 372 EULL'S MANUFACTURING CO INC Repair&Maint. Supplies Infiltration/Inflow Study
202402 371 GRAPE BEGINNINGS Transportation Prairie View Liquor Store
202502 365 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
202689 361 SCHULKE,REED Printing Summer Theatre
202930 361 SURLY BREWING CO Beer Prairie View Liquor Store
202494 359 TWIN CITY FILTER SERVICE INC Equipment Repair&Maint Utility Operations-General
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202368 358 CLAREYS INC Office Supplies Customer Service
202817 356 GUNNAR ELECTRIC CO INC Capital Under$10,000 Den Bldg.-CAM
203147 356 VAN PAPER COMPANY Cleaning Supplies Park Shelters
202468 353 PAUTZ,ROGER Instructor Service Fall Skill Development
203042 351 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
202579 351 EARL F ANDERSEN INC Other Contracted Services Storm Drainage
202777 347 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
202831 345 HOLMES,TOM Other Contracted Services Volleyball
202986 345 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Police City Center
202670 344 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance
203038 343 FORKLIFTS OF MINNESOTA INC Equipment Testing/Cert. Utility Operations-General
202483 341 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
202487 337 STAPLES ADVANTAGE Office Supplies Customer Service
202390 335 FORESTRY SUPPLIERS INC. Operating Supplies Tree Disease
202770 335 BERGET,LINETTE Instructor Service Outdoor Center
202661 334 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
202495 333 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
203007 332 CERIDIAN Ceridian IT Operating
202406 329 HACH COMPANY Laboratory Chemicals Water Treatment Plant
202665 328 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store
202564 327 CLAREYS INC Operating Supplies Traffic Signals
202886 323 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
203005 322 BROWNING,RYAN Other Hardware IT Operating
203072 320 LOCATORS&SUPPLIES INC Equipment Parts Fleet Operating
202479 319 QWEST Telephone IT Telephone
203052 313 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications
202480 312 RAY,LEE Other Contracted Services Softball
202952 308 WUTTKE,TRAVIS Landscape Materials/Supp Street Maintenance
202919 308 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie View Liquor Store
202374 307 DELEGARD TOOL CO Equipment Parts Fleet Operating
202350 300 BIHL,ANDREW Deposits Escrow
202785 298 CLAREYS INC Safety Supplies Fleet Operating
202965 297 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security General Facilities
202414 297 HIGHWAY TECHNOLOGIES INC Improvement Contracts CIP Trails
202486 296 STANLEY ACCESS TECH LLC Contract Svcs-Security Community Center Maintenance
203090 291 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
202695 290 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police
202879 290 MOBIUS INC Conference Expense Parks Administration
202597 280 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating
202935 277 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
202887 276 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
203078 275 MENARDS Repair&Maint. Supplies Water Treatment Plant
202356 275 BOYER TRUCKS Equipment Parts Fleet Operating
202666 274 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation
202937 272 UNITED WAY United Way Withheld General Fund
202767 271 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating
202926 271 STANLEY ACCESS TECH LLC Contract Svcs-General Bldg Community Center Maintenance
202493 270 TOUGH CUT SERVICES Other Contracted Services Park Maintenance
202951 267 WORLD WIDE CELLARS INC Transportation Den Road Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203003 266 BOUNDLESS NETWORK Clothing&Uniforms General Community Center
202528 266 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events
202717 266 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating
202856 265 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
203011 265 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating
202584 265 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study
202802 264 FADDEN,TIMOTHY Licenses&Taxes Inspections-Administration
202833 264 HUTCHINS,BRUCE Licenses&Taxes Inspections-Administration
203133 264 STOCKWELL,WENDELL Licenses&Taxes Inspections-Administration
202838 263 JACO,LLC Misc Taxable Den Road Liquor Store
202454 262 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
202955 262 YOCUM OIL COMPANY INC Equipment Testing/Cert. Utility Operations-General
202558 261 CAMPBELL KNUTSON,P.A. Legal WAFTA
202851 260 LIFT BRIDGE BREWERY Beer Den Road Liquor Store
202718 259 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM
202960 257 PROP United Way Withheld General Fund
202640 257 LOAD'EM UP TRAILERS RENTAL AND Other Rentals Elections
202668 254 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating
202796 254 DS SOLUTIONS,INC Other Contracted Services Elections
202623 254 JACO,LLC Misc Taxable Prairie Village Liquor Store
202848 253 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg City Hall-CAM
202369 252 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services
202811 251 GINA MAMAS INC Operating Supplies Fire
202870 251 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
202550 246 BOLES,JIM Instructor Service Arts Center
202709 246 TIMBERWALL LANDSCAPE&MASONRY Landscape Materials/Supp Street Maintenance
202699 242 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating
202426 240 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance
203000 240 BERGET,LINETTE Instructor Service Outdoor Center
202636 236 LANO EQUIPMENT INC Equipment Parts Fleet Operating
202338 236 ANCHOR PRINTING COMPANY Printing Theatre Initiative
202727 235 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration
202918 235 SGC HORIZON LLC Legal Notices Publishing Utility Improvement Fund
203119 234 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
203140 234 TROPICANA CHILLED DSD Merchandise for Resale Concessions
202883 233 NEPM-ASI#279381 Fire Prevention Supplies Fire
202775 232 BRO-TEX INC Repair&Maint.Supplies Sewer System Maintenance
202330 232 AL'S COFFEE Merchandise for Resale Concessions
202375 230 DIETZ,EUGENE Prepaid Expenses General Fund
203074 228 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store
202638 227 LEXISNEXIS Other Contracted Services Police
202872 225 MINNESOTA FIRE SERVICE CERTIFI Tuition Reimbursement/School Fire
202642 224 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store
203010 224 CUB FOODS EDEN PRAIRIE Operating Supplies Fire
202552 221 BOUNDLESS NETWORK Office Supplies Community Center Admin
202517 221 CDW GOVERNMENT INC. Capital Under$10,000 Housing and Community Service
202535 220 AMERIPRIDE LINEN&APPAREL SER Events/Admission Fee Wine Club
202559 220 CAT&FIDDLE BEVERAGE Transportation Den Road Liquor Store
203131 217 STAR EQUIPMENT INC Contract Svcs-General Bldg City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203077 216 MCWATERS,LORENE Miscellaneous Administration
203040 216 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating
202835 216 INSTANT WHIP FOODS Merchandise for Resale Concessions
202678 216 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Center Operations
203059 215 J H LARSON COMPANY Supplies-Electrical Community Center Maintenance
202685 213 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
202489 211 STREICHERS Clothing&Uniforms Police
202884 211 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store
202692 209 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store
202728 206 WIGLEY AND ASSOCIATES Software IT Operating
202520 205 MN COMMERCIAL ASSOCIATION OF R Dues&Subscriptions Economic Development
202608 204 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services
202860 202 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
202784 201 CHRISTENSON,VIRGINIA AR Utility Water Enterprise Fund
202703 200 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage
203138 200 TOLL GAS AND WELDING SUPPLY Fire Prevention Supplies Fire
202988 198 ANCHOR PRINTING COMPANY Printing Police
202373 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating
202792 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities
202536 198 ANCHOR PRINTING COMPANY Printing Police
202788 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
203014 195 DAMA METAL PRODUCTS INC Repair&Maint.Supplies Fire
203106 193 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
202490 192 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
202634 190 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks
202971 190 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks
203104 187 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center
202590 187 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
202681 186 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
202907 185 QWEST Telephone E-911 Program
202376 184 DIRECTV Cable TV Community Center Admin
202413 184 HENRY,PAUL Other Contracted Services Volleyball
202613 184 HENRY,PAUL Other Contracted Services Volleyball
202724 184 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
202882 183 MT GLOBAL LLC Transportation Prairie Village Liquor Store
202766 182 BATTERIES PLUS Equipment Repair&Maint Fire
203024 180 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration
203037 180 FORESTEDGE WINERY Wine Domestic Prairie View Liquor Store
202438 180 KUSTOM SIGNALS INC Equipment Repair&Maint Police
202392 178 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance
202441 176 LEIFELD FRAMING Operating Supplies Police
202359 176 CARLSON,KEVIN Operating Supplies Internal Events
202523 175 MINNESOTA STATE FIRE CHIEFS AS Conference Expense Fire
202573 174 DELL Other Hardware Water Accounting
202776 172 BZB PRODUCTS Transportation Den Road Liquor Store
202738 171 WUTTKE,TRAVIS Improvement Contracts CIP Trails
202656 170 MINNESOTA REAL ESTATE JOURNAL Prepaid Expenses General Fund
203054 169 HENNEPIN COUNTY TREASURER Precious metal/pawn license General Fund
202586 169 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202713 168 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
203073 167 M.AMUNDSON LLP Misc Taxable Prairie Village Liquor Store
202932 165 TIMBER LAKES HOMEOWNERS ASSOCI Other Contracted Services Storm Drainage
202677 164 POMP'S TIRE SERVICE INC Tires Fleet Operating
202379 163 EARL F ANDERSEN INC Building Materials Park Maintenance
202793 162 DEPARTMENT OF COMMERCE Abandoned Property General Fund
203035 162 FERRELLGAS Motor Fuels Fleet Operating
202446 161 MASS BAR-MATE CORP Transportation Den Road Liquor Store
202409 161 HEALY,STEPHEN Other Contracted Services Softball
202915 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
202646 160 METRO ATHLETIC SUPPLY Repair&Maint.Supplies Park Maintenance
202354 160 BOLD,PAULINE Instructor Service Outdoor Center
202753 159 PETTY CASH-EPCC
203086 158 MINNESOTA TROPHIES&GIFTS Awards Recreation Administration
202587 157 FASTENAL COMPANY Equipment Parts Fleet Operating
202633 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Community Center Maintenance
202437 150 KUSSMAUL ELECTRONICS CO INC Equipment Parts Fleet Operating
203049 150 H M CRAGG CO Equipment Repair&Maint Public Safety Communications
203068 150 KINZEL,GREG Tuition Reimbursement/School Fire
202787 148 COMCAST Wireless Subscription IT Operating
202688 148 RDO EQUIPMENT CO Equipment Parts Fleet Operating
202474 146 PROSOURCE SUPPLY Cleaning Supplies Community Center Maintenance
202758 146 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
203028 146 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Emergency Preparedness
202455 146 MINNESOTA CONWAY Equipment Repair&Maint Fire
202593 144 GE CAPITAL Other Rentals Customer Service
202583 144 ERIK'S BIKE SHOP Equipment Repair&Maint Police
202475 140 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
203142 137 TWIN CITY TACTICAL Clothing&Uniforms Police
202962 136 UNITED WAY United Way Withheld General Fund
203143 136 UNIFORMS UNLIMITED Operating Supplies Police
202442 135 LEROY JOB TRUCKING INC Other Contracted Services Animal Control
202554 135 BOY SCOUT TROOP 469 Operating Supplies Community Center Admin
202660 134 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating
203071 132 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating
202720 130 VIKING ELECTRIC SUPPLY Supplies-Electrical Fire Station#4
202904 129 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
202771 129 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Infiltration/Inflow Study
202877 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
202445 128 LOCATORS&SUPPLIES INC Small Tools Street Maintenance
202449 127 METRO FIRE Protective Clothing Fire
203020 127 DELEGARD TOOL CO Equipment Parts Fleet Operating
202526 127 A TO Z RENTAL CENTER Operating Supplies Wine Club
202645 125 MEMA Dues&Subscriptions Fire
203034 123 FEDEX Postage Human Resources
202380 123 EDEN PRAIRIE WINLECTRIC Operating Supplies Pleasant Hill Cemetery
203066 122 KEEPERS Clothing&Uniforms Police
202655 121 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
202514 120 WYDRA,TEEGAN Mileage&Parking Tree Disease
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202939 120 USPCA REGION 18 Canine Supplies Police
203094 120 OFFICE OF THE SECRETARY OF STA Prepaid Expenses General Fund
203129 120 SQUARE CUT Other Contracted Services Senior Center Administration
203070 119 LANO EQUIPMENT INC Equipment Parts Fleet Operating
202846 117 KRUEGER,MARK Operating Supplies Police
202342 113 BATTLE LAKE SENIOR CARD PROJEC Supply-Greeting Cards Senior Board
202871 112 MINNESOTA CONWAY Equipment Repair&Maint Fire
202852 111 LORENZ LUBRICANT COMPANY Equipment Parts Fleet Operating
202723 110 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire
202862 107 MENARDS Equipment Parts Utility Operations-General
202805 107 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store
202912 106 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
203069 105 KOCHER,SUSAN Instructor Service Outdoor Center
202928 105 STREICHERS Equipment Parts Fleet Operating
202621 103 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
202978 102 WYDRA,TEEGAN Mileage&Parking Tree Disease
202393 100 GAS TANK RENU OF MINNESOTA Equipment Repair&Maint Fleet Operating
202541 100 ARROW ELECTRONICS False Alarm Fees General Fund
202592 100 FOWLER,JULIE VERMEER Instructor Service Arts Center
202764 100 BANK BEER CO Beer Prairie View Liquor Store
203075 100 MATYASZ,CARLA Accounts Receivable Community Center Admin
3986 98 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits
202957 98 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
202434 97 KIMANI,ESTHER Accounts Receivable Community Center Admin
202360 96 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store
202938 95 UPS Equipment Repair&Maint Public Safety Communications
203149 95 VINOCOPIA Transportation Prairie Village Liquor Store
202622 93 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General
202914 91 RUSSELL,JODY Operating Supplies Fire
202683 90 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance
202869 90 MINNESOTA BD OF PEACE OFFICER Dues&Subscriptions Police
202794 90 DIRECTV Cable TV Community Center Admin
202745 89 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
202710 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building
202610 88 HEGRE,STEPHANIE Accounts Receivable Community Center Admin
203099 87 PBBS EQUIPMENT CORP Supplies-General Bldg City Hall-CAM
202387 87 FASTENAL COMPANY Equipment Parts Fleet Operating
202891 85 OTTEN,DAN Conference Expense Inspections-Administration
203120 85 SHERWIN WILLIAMS Repair&Maint.Supplies Water Treatment Plant
3988 84 VANCO SERVICES Miscellaneous Community Center Admin
202757 84 AMERICAN RED CROSS Other Contracted Services Senior Center Administration
202571 83 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance
202436 83 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
202920 83 SHRED-IT Waste Disposal City Center Operations
202383 82 EPA AUDIO VISUAL INC Video&Photo Supplies Fitness Classes
202798 82 ECOLAB INC Contract Svcs-Pest Control Cummins Grill House
202542 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
202825 81 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
202341 80 BATTERIES PLUS Operating Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202351 80 BLAUBACH,AMY Instructor Service Outdoor Center
202386 80 FAGNANT,SUSAN Instructor Service Outdoor Center
202549 80 BOLD,PAULINE Instructor Service Outdoor Center
202568 80 COPES,JANE SNELL Instructor Service Outdoor Center
202614 80 HERBERT,MARTHA Instructor Service Outdoor Center
202803 80 FAGNANT,SUSAN Instructor Service Outdoor Center
203033 80 FAGNANT,SUSAN Instructor Service Outdoor Center
202881 79 MOTOROLA Equipment Repair&Maint Public Safety Communications
202801 79 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store
202967 78 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police
202539 77 AQUA ENGINEERING INC Repair&Maint.Supplies Park Maintenance
202658 77 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
202819 77 HAGEN AUTOMOTIVE INC Equipment Repair&Maint Fleet Operating
202400 75 GRAMBOA,ESTEBAN Accounts Receivable Community Center Admin
202405 75 GUNDERSON,CONSTANCE L. Other Contracted Services Around Town
202498 75 VIESSMAN,DAN Accounts Receivable Community Center Admin
202501 75 WALLING,DAVE Accounts Receivable Community Center Admin
203019 75 DEIKER,THOMAS E Advertising Theatre Initiative
203057 75 INTEGRA TELECOM Equipment Repair&Maint IT Telephone
203088 75 MORAN,THOMAS M Advertising Theatre Initiative
203124 75 SMITH,STACEY LANE Advertising Theatre Initiative
202649 75 METROPOLITAN FORD Equipment Parts Fleet Operating
203009 74 COX,KIM Travel Expense Fire
203056 73 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
202746 73 FERRELLGAS Motor Fuels Fleet Operating
202650 73 MIANO,MIKE AR Utility General Fund
202889 71 NUCO2 INC Supplies-Pool Pool Maintenance
202473 71 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Fleet Operating
202940 70 UTING,BRENDA Employee Award Organizational Services
203036 70 FIRE SAFETY USA INC Protective Clothing Fire
202352 67 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security City Center Operations
202435 65 KOCHER,SUSAN Instructor Service Outdoor Center
202664 65 NANNE,INGRID Accounts Receivable Community Center Admin
202519 64 FSH COMMUNICATIONS LLC Telephone Round Lake
202783 64 CHRISTENSEN,MARGE Accounts Receivable Community Center Admin
202853 63 LUBRICATION TECHNOLOGIES INC Equipment Parts Fleet Operating
202424 63 JACO,LLC Misc Taxable Den Road Liquor Store
202923 61 SPRINT Telephone Engineering
202361 60 CAUDILL,NANCY Deposits Community Center Admin
202404 60 GROTH MUSIC Operating Supplies Community Band
202632 60 KRAFT,MATTHEW E Other Contracted Services Outdoor Center
203132 60 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
203139 60 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store
202898 58 PICKERING,MARIE Accounts Receivable Community Center Admin
203013 58 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance
3987 57 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits
202867 56 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
202700 56 STOVRING,LESLIE Mileage&Parking Storm Drainage
202363 55 CENTERPOINT ENERGY Gas Prairie View Liquor Store
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
202461 55 MINVALCO INC Small Tools General Facilities
202691 55 SEVENICH,WENDY Mileage&Parking Community Center Admin
202814 55 GRAND PERE WINES INC Wine Domestic Prairie View Liquor Store
202335 54 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
202899 54 PORTA,KITTY Mileage&Parking Elections
202635 53 LANDS END CORPORATE SALES Clothing&Uniforms Police
202412 50 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
202996 50 BARRON COUNTY INCINERATOR Operating Supplies Police
203144 50 UNIVERSITY OF MINNESOTA Other Contracted Services Tree Disease
202397 50 GINA MARIAS INC Operating Supplies Reserves
202617 49 HOFFMAN REFRIGERATION&HTG Cash Over/Short General Fund
203112 46 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police
202410 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
202600 46 GRAMPRE,DAVID A Other Contracted Services Softball
203065 46 JOHNSTONE SUPPLY Supplies-Plumbing City Hall-CAM
202990 45 ARNDT,DALE Small Tools Fleet Operating
202900 43 PREMIUM WATERS INC Operating Supplies Fire
202482 42 SCHARBER&SONS Equipment Parts Fleet Operating
202861 41 MENARDS Equipment Parts Water Treatment Plant
202472 41 PRAIRIE EQUIPMENT COMPANY Equipment Parts Fleet Operating
203114 41 RE CARLSON Equipment Parts Water Treatment Plant
202344 40 BEDFORD,VARLAND&HARRIET Deposits Community Center Admin
202353 40 BOE,MICHELLE&TODD Deposits Community Center Admin
202378 40 DONATELLE,JESSICA&JACOB Deposits Community Center Admin
202615 40 HICKMAN,JON Instructor Service Outdoor Center
202729 40 WINDSONG MGMT AR Utility General Fund
202773 40 BOLD,PAULINE Instructor Service Outdoor Center
202873 40 MINNESOTA STATE FIRE MARSHAL Tuition Reimbursement/School Fire
203002 40 BOLD,PAULINE Instructor Service Outdoor Center
202864 40 METROPOLITAN FORD Equipment Parts Fleet Operating
202808 39 FRIEDMAN,CARLA AR Utility Water Enterprise Fund
203130 39 STAPLES ADVANTAGE Office Supplies Customer Service
202779 39 CENTERPOINT ENERGY Gas Prairie Village Liquor Store
202966 39 CHRESAND,ANNE Deposits Escrow
203023 37 DIRECTV Operating Supplies Police
202540 35 ARNDT,DALE Small Tools Fleet Operating
202595 35 GNESS,MARK OR GLORIA AR Utility General Fund
203089 35 MPPOA Prepaid Expenses General Fund
203021 32 DIAMOND K CONSTRUCTION INC Cash Over/Short General Fund
202391 32 FRANKLIN,WOODROW G Operating Supplies Reserves
203122 32 SHRED-IT Other Contracted Services Community Center Admin
202598 31 GRAHAM,JODY AR Utility General Fund
202462 30 MORAN USA,LLC Transportation Den Road Liquor Store
202714 30 UNIFORMS UNLIMITED Operating Supplies Police
202936 30 UGLUM,GLADYS Accounts Receivable Community Center Admin
203058 30 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
202581 29 EDEN PRAIRIE NEWS Dues&Subscriptions Fire
202989 28 ANDERSON,DOUG Accounts Receivable Community Center Admin
202715 28 UNLIMITED SUPPLIES INC Small Tools Fleet Operating
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
203084 28 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
202333 27 ALTHOFF,MARY A Accounts Receivable Community Center Admin
202859 26 MCCOY,JODY AR Utility Water Enterprise Fund
4009 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating
202760 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing
202620 24 HOUTZ,STEPHEN J Operating Supplies Theatre Initiative
202902 24 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
202582 24 EDINA REALTY AR Utility General Fund
202458 23 MINNESOTA POLLUTION CONTROL AG Licenses&Taxes Sewer System Maintenance
202850 23 LANDS END CORPORATE SALES Clothing&Uniforms Police
202440 23 LANO EQUIPMENT INC Equipment Parts Fleet Operating
202763 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance
202348 22 BERRETH,KRISLA Accounts Receivable Community Center Admin
202452 21 METROPOLITAN FORD Equipment Parts Fleet Operating
202355 20 BONKAT,TIMCHAN Deposits Community Center Admin
202422 20 ISACHSEN,AMBER Deposits Community Center Admin
202488 20 STENDER,SAMUEL Deposits Community Center Admin
202503 20 WILSON,PAMELA A Accounts Receivable Community Center Admin
202970 18 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance
202992 17 ASPEN MILLS Clothing&Uniforms Police
202679 16 PRAIRIE LAWN AND GARDEN Equipment Parts Utility Operations-General
202463 15 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
202832 14 HOMESTEPS AR Utility Water Enterprise Fund
202997 14 BATTERIES PLUS Operating Supplies General Facilities
203105 14 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
202565 13 COMCAST Operating Supplies Fire
202934 13 TOLL GAS AND WELDING SUPPLY Operating Supplies Street Maintenance
202522 12 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating
202693 10 SHAW,JANET Accounts Receivable Community Center Admin
202822 10 HEINEN,MILLIE Accounts Receivable Community Center Admin
202917 10 SELF Dues&Subscriptions Fitness Center
202875 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
202329 5 A TO Z RENTAL CENTER Operating Supplies Park Maintenance
4,1 13,800 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
9/20/2010 Payment
Amount Explanation Vendor Account Description Business Unit
19 US-Bee Spray HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
25 US-Eden Brook Vandilism HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
7 US-Picnic Table Supplies KRAEMERS HARDWARE INC Operating Supplies Park Maintenance
475 US-3CMA Conference PAYPAL INC Conference Expense Communications
300 US-3CMA Dues PAYPAL INC Dues&Subscriptions Communications
211 US-Travel to 3CMA Conf. AIRTRAN AIRWAYS Travel Expense Communications
10 US-Ice for Golf Classic HOLIDAY STATION STORES INC Special Event Fees Senior Board
120 US-Tents AMAZON.COM Capital Under$10,000 Senior Board
549 US-Golf Classic Lunch TRADITIONS OLD&NEW Special Event Fees Classes/Programs/Events
12 US-Building Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration
1,645 US-Golf Classic DAHLGREEN GOLF CLUB Special Event Fees Classes/Programs/Events
39 US-Woodshop Supplies SEARS EDEN PRAIRIE Equipment Repair&Maint Classes/Programs/Events
52 US-CPR Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events
1 US-Senior Movie REDBOX DVD Operating Supplies Classes/Programs/Events
71 US-Glue Guns HOME DEPOT CREDIT SERVICES Small Tools Infiltration/Inflow Study
38 US-CB Trailer Tools HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Infiltration/Inflow Study
11 US-CB Trailer Water Cups RAINBOW FOODS INC. Repair&Maint.Supplies Sewer System Maintenance
64 US-Door Hanger Bags PLASTIC BAG MART Repair&Maint.Supplies Water System Maintenance
200 US-Expo Show(2) MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations-General
485 US-AWWA Annual Conf. MINNESOTA AWWA Conference Expense Utility Operations-General
19 US-Tack Distribution Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
10 US-Tools HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
22 US-Batteries HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
19 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
1,937 US-EPFD Picnic FAMOUS DAVE'S Operating Supplies Fire
1,045 US-FireFigh-PopcornMachine DEUSTER COMPANY Fire Prevention Supplies Fire
926 US-Wrong Charge US BANK Deposits Escrow
-926 US-Credit US BANK Deposits Escrow
200 US-MNAPA Conf,-R.Heron PAYPAL INC Conference Expense Planning
265 US-APA Dues-R.Heron AMERICAN PLANNING ASSOCIATION Dues&Subscriptions Planning
107 US-Computer Equpment MICRO CENTER Miscellaneous IT Operating
51 US-SD Cards for Cameras MICRO CENTER Capital Under$10,000 Police
999 US-Forensic License Renew CELLEBRITE USA CORP Miscellaneous IT Operating
-107 US-Return Computer Equip MICRO CENTER Miscellaneous IT Operating
129 US-Hard Drive Storage MICRO CENTER Miscellaneous IT Operating
7 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
12 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
8 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
34 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance
107 US-Vaccum for Grinder SEARS EDEN PRAIRIE Small Tools Water Treatment Plant
22 US-Rollers-Player Benches HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
49 US-Chainsaw Supplies A TO Z RENTAL CENTER Equipment Repair&Maint Park Maintenance
14 US-Employment Verification TALX CORPORATION Other Contracted Services Organizational Services
14 US-Employment Verification TALX CORPORATION Other Contracted Services Organizational Services
14 US-Employment Verification TALX CORPORATION Other Contracted Services Organizational Services
279 US-Camera-W.Estensen BUYDIG.COM Office Supplies Customer Service
55 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow
55 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow
200 US-Retire.Gift Card-T.Luke BEST BUY Employee Award Organizational Services
200 US-Retire.GiftCardDunsmore GANDER MOUNTAIN Employee Award Organizational Services
25 US-Retirement Party Food CUB FOODS EDEN PRAIRIE Employee Award Organizational Services
53 US-Food-Stand-by FF's CUB FOODS EDEN PRAIRIE Operating Supplies Fire
80 US-Trailer Dolly&Ball NORTHERN TOOL&EQUIPMENT Small Tools Fire
51 US-Ball Mount Aluminum NORTHERN TOOL&EQUIPMENT Small Tools Fire
40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating
40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General
40 US-UB-Recurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General
4,852 US-July'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund
943 US-July'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund
576 US-July'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund
-127 US-July'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund
265 US-Staring Lake Trail Permit HENNEPIN COUNTY PUBLIC WORKS-F Licenses,Permits,Taxes Trails Referendum
68 US-Café Food BRUEGGERS BAGEL Merchandise for Resale Concessions
1,127 US-Skates for Rental SPORTS WORLD USA INC Operating Supplies Ice Arena
66 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions
6 US-Café Food HOLIDAY STATION STORES INC Merchandise for Resale Concessions
77 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions
19 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions
25 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions
90 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions
18 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions
Amount Explanation Vendor Account Description Business Unit
15 US-Sign Supplies KRAEMERS HARDWARE INC Office Supplies Park Facilities
304 US-Café Supplies NEXT DAY GOURMET Operating Supplies Concessions
19 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions
152 US-Café Staff Uniforms LANDS END CORPORATE SALES Clothing&Uniforms Birthday Parties
200 US-Café Staff Uniforms LANDS END CORPORATE SALES Clothing&Uniforms Day Care
255 US-Café Staff Uniforms LANDS END CORPORATE SALES Clothing&Uniforms Concessions
105 US-Skate Lesson Badges OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena
27 US-Probe Rod Parts HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance
15 US-AP Style Guide Subscrip APBOOKSTORE.COM Dues&Subscriptions Communications
65 US-Election Staff Food CRUMB GOURMET DELI Miscellaneous Administration
36 US-Election Staff Food JASON'S DELI Miscellaneous Administration
18 US-Election Staff Food JASON'S DELI Miscellaneous Administration
152 US-Election Staff Food D'AMICO AND SONS Miscellaneous Administration
53 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow
329 US-Council Workshop LEEANN CHIN Miscellaneous City Council
35 US-Intern Exit Inteview Lunch WILDFIRE Miscellaneous Administration
50 US-Sunshine Fund Memorial ANIMAL HUMANE SOCIETY Deposits Escrow
28 US-Lunch w/Pat McQueeny CHAMPPS RESTAURANT&BAR Miscellaneous Administration
89 US-Lunch-Communicat.Staff REDSTONE AMERICAN GRILL INC Miscellaneous Administration
21 US-Parking-PSAP Meeting 501 SELF PARK INTERPARK Mileage&Parking Administration
31 US-Lunch w/Pat McQueeny KONA GRILL Miscellaneous Administration
8 US-Blog TIGER TECHNOLOGIES Software IT Operating
409 US-Charged in Error NRPA Conference Expense Parks Administration
409 US-NRPA Exposition NRPA Conference Expense Parks Administration
409 US-NRPA Exposition NRPA Conference Expense Parks Administration
550 US-NRPA Exposition NRPA Conference Expense Parks Administration
494 US-NRPA Exposition NRPA Conference Expense Parks Administration
494 US-NRPA Exposition NRPA Conference Expense Parks Administration
-409 US-Refunded NRPA Conference Expense Parks Administration
16 US-Chiefs Meeting Lunch GINA MARIAS INC Operating Supplies Fire
7 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
24 US-Vactor Parts R&R MARINE INC Equipment Parts Sewer System Maintenance
30 US-Shop Supplies FASTENAL COMPANY Repair&Maint.Supplies Storm Drainage
18 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
5 US-Manhole Marking Suppl. HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
149 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General
403 US-Education Materials OWP Tuition Reimbursement/School Utility Operations-General
562 US-Safety Supplies GEMPLERS Safety Supplies Utility Operations-General
70 US-TrafficSign Class-Newton UNIVERSITY OF MINNESOTA Conference Expense Engineering
265 US-Permit-CR4/Wagner Way HENNEPIN COUNTY PUBLIC WORKS-F Other Contracted Services Improvement Projects 2006
70 US-TrafficSign Class-R.Rue UNIVERSITY OF MINNESOTA Conference Expense Engineering
1,490 US-Recycling Fund Bags CUSTOM ECO FRIENDLY Miscellaneous Recycle Rebate
10 US-Truck Chainsaw Hooks HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Park Maintenance
719 US-Laison Cameras BEST BUY Capital Under$10,000 Police
45 US-Interviewer Lunches JASON'S DELI Operating Supplies Police
140 US-Lumber MENARDS Building Materials Street Maintenance
16 US-Miscellaneous Tools HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance
36 US-Lift Station Lighting HOME DEPOT CREDIT SERVICES Equipment Parts Sewer Liftstation
4 US-Art Camp Paper MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center
8 US-Art Class Fingerpaint MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center
5 US-Art Camp Streamers PARTY CITY Operating Supplies Arts Center
78 US-Printer Ink OFFICEMAX CREDIT PLAN Operating Supplies Arts Center
11 US-Masks for B'day Parties MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center
28 US-Play Care Toys JUST BETWEEN FRIENDS Operating Supplies Day Care
130 US-B-Day Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
19 US-Play Care Suplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care
10 US-Riley Year-end Supplies PARTY CITY Operating Supplies Riley Lake Beach
27 US-Riley Year-end Supplies WALMART COMMUNITY Operating Supplies Riley Lake Beach
192 US-Tot Time Play Toys BACKYARD ADVENTURES OF DES MOI Capital Under$10,000 Day Care
11 US-Cust.Serv.Desk Pens WALMART COMMUNITY Office Supplies Community Center Admin
21 US-Play Care Supplies DOLLAR TREE STORES,INC. Operating Supplies Day Care
102 US-B-Day Party Craft Suppl. MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties
21 US-Drinks for Playcare Mtg EDEN PRAIRIE COMMUNITY CENTER Training Supplies Community Center Admin
149 US-B-day Party Supplies SUNSHINE DISCOUNT CRAFTS Operating Supplies Birthday Parties
275 US-CLE License Seminar MINNESOTA CLE Conference Expense Assessing
275 US-CLE License Seminar MINNESOTA CLE Conference Expense Assessing
200 US-MAAO Conf-Steve Sinell MAAO Conference Expense Assessing
255 US-MAAO Conf-C.Schmidt MAAO Conference Expense Assessing
290 US-MAAO Conf-Barb Cook MAAO Conference Expense Assessing
290 US-MAAO Conf-John Sams MAAO Conference Expense Assessing
290 US-MAAO Conf-Jody Carlson MAAO Conference Expense Assessing
45 US-Paint Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance
106 US-Outdoor Center Deck HOME DEPOT CREDIT SERVICES Building Materials Park Acquisition&Development
22 US-Outdoor Center Deck HOME DEPOT CREDIT SERVICES Building Materials Park Acquisition&Development
45 US-Outdoor Center Deck HOME DEPOT CREDIT SERVICES Building Materials Park Acquisition&Development
Amount Explanation Vendor Account Description Business Unit
20 US-Camp Supplies ORIENTAL TRADING Recreation Supplies Outdoor Center
11 US-Critter Food PETCO Operating Supplies Outdoor Center
62 US-Bears and Bird Trip FRESH SEASONS MARKET Program Trips Outdoor Center
75 US-Fuel-Bear&Bird Trip PELICAN BAY FOODS Program Trips Outdoor Center
30 US-Fuel-Bear&Bird Trip PETRO SERVE USA Program Trips Outdoor Center
105 US-Bear Center Admission NORTH AMERICAN BEAR CENTER Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
132 US-Motel-Bears&Birds Trip GATEWAY LODGE&SUITES Program Trips Outdoor Center
6 US-Critter Food PETCO Operating Supplies Outdoor Center
81 US-General Prog.Supplies KITES IN THE SKY Recreation Supplies Outdoor Center
21 US-Critter Food PETCO Operating Supplies Outdoor Center
12 US-Operating Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
5 US-Rebar for Staring HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance
5 US-Playground Supplies CAROLINES Operating Supplies Playgrounds
192 US-Fun Friday BRUNSWICK BOWLING LANES Special Event Fees Teen Work Program
21 US-Lake Riley Day Camp WALMART COMMUNITY Operating Supplies Day Camp
34 US-Staff Year-end Party DONUT CONNECTION Operating Supplies Youth Programs Administration
6 US-Lake Riley Day Camp WALGREEN'S#5080 Operating Supplies Day Camp
19 US-Women in Leisure Service RAINBOW FOODS INC. Operating Supplies Youth Programs Administration
13 US-WILS Kick-off Meeting STARBUCKS COFFEE Operating Supplies Youth Programs Administration
64 US-In/Out/About Camp CENTENNIAL LAKES PARK Special Event Fees Adaptive
58 US-In/Out/About Camp TARGET Operating Supplies Adaptive
55 US-In/Out/About Camp SHAKOPEE COMMUNITY CENTER Special Event Fees Adaptive
14 US-Internat.Festival Snacks HWY 5 BP Operating Supplies International Festival
61 US-Sat.Night Out Bowling BRUNSWICK BOWLING LANES Special Event Fees Teen Programs
18 US-Around Town Supplies JERRY'S FOODS Operating Supplies Around Town
26 US-Around Town Supplies PAPA JOHNS PIZZA Operating Supplies Around Town
7 US-Pink Heals Event Supplies WALMART COMMUNITY Operating Supplies Therapeutic Rec Administration
240 US-Magazine Holders OFFICEWORLD.COM Operating Supplies Fitness Center
13 US-Shipping of Supplies UNITED STATES POSTAL SERVICE Operating Supplies Girls on the Run
23 US-Maniken Supplies PAYPAL INC Operating Supplies Pool Lessons
20 US-Office Supplies WALMART COMMUNITY Operating Supplies Community Center Admin
92 US-Beach Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Riley Lake Beach
4 US-Movies in Park Supplies TARGET Operating Supplies Girls on the Run
18 US-Movies in Park-Ice SUPERAMERICA Operating Supplies Girls on the Run
44 US-Movies in Park Snacks WALMART COMMUNITY Operating Supplies Girls on the Run
118 US-Movies in Park Supplies WALMART COMMUNITY Operating Supplies Girls on the Run
48 US-Girls on the Run Movie HENNEPIN COUNTY TREASURER Operating Supplies Girls on the Run
250 US-Body Pump Licensing SCW FITNESS Licenses,Permits,Taxes Fitness Classes
256 US-Exercise Equip.-CityHall SPRI PRODUCTS INC Awards Organizational Services
50 US-Training Class PAYPAL INC Tuition Reimbursement/School Police
904 US-Airfare-Training-J.Claeys DELTA AIR Tuition Reimbursement/School Police
20 US-Agent Fee DELTA AIR Tuition Reimbursement/School Police
107 US-BCA Confer.S.Mitchell ZAPEVENT.COM Tuition Reimbursement/School Police
107 US-BCA Confer.Stacy Boyer ZAPEVENT.COM Tuition Reimbursement/School Police
653 US-Hotel-Training-J.Claeys SPRINGHILL SUITES ASHBURN DULL Tuition Reimbursement/School Police
20 US-DWI&Traffic Webinar KRM INFORMATION SERVICES,INC. Tuition Reimbursement/School Police
107 US-BCA-Confer.-Bill Wyffels ZAPEVENT.COM Tuition Reimbursement/School Police
369 US-Will Credit Oct.Statement US BANK Deposits Escrow
26 US-Umbraco TV Subscription PAYPAL INC Conference Expense IT Operating
29 US-Network Video Equipment B&H PHOTO Computers IT Operating
69 US-Conference Call Software WEBEX COMMUNICATIONS Computers IT Operating
57 US-Card Swipe for Police BUY.COM Other Assets CIP-Bonds
108 US-Will Credit Oct.Statement US BANK Deposits Escrow
108 US-Will Credit Oct.Statement US BANK Deposits Escrow
108 US-Credited on 9/2 US BANK Deposits Escrow
100 US-Online Training for IT VIRTUAL TRAINING COMPANY,INC. Computers IT Operating
-108 US-Credit from 8/26 US BANK Deposits Escrow
11 US-Saw Blades HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage
64 US-Parking Spaces Paint HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance
35,894 Report Total
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIII.A.
Jay Lotthammer, Interim City Budget Advisory Commission Appointments
Manager
Requested Action
Move to:
Appoint to the Budget Advisory Commission for four-year terms
and with terms to begin January 1, 2011, and end December 31, 2014.
Synopsis
The City advertised for three vacancies on the Budget Advisory Commission, with applications
being taken from September 16 through October 15, 2010. Ten applicants applied for
consideration to the BAC. Two Commissioners, Dick Proops and Annette Agner, applied for
reappointment. Commissioner Gwen Schultz did not apply for reappointment. One applicant
withdrew after the deadline.
Interviews for the BAC were held on Tuesday,November 9. A new BAC Orientation session
will be held in November or December 2010 in advance of the start of the new BAC
Commission terms scheduled to begin on January 1, 2011.
CITY COUNCIL AGENDA
DATE:
SECTION: Appointments November 16, 2010
ITEM DESCRIPTION:
DEPARTMENT/DIVISION: ITEM NO.: XIII.B.
Jay Lotthammer, Interim City Budget Advisory Commission Chair&Vice-Chair
Manager Appointments
Requested Action
Move to:
Appoint - Chair and -Vice Chair of the Budget Advisory
Commission for 2011.
Background
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to a City Commission.
City Code Section 2.22, Subd. 5 Officers, states, "The Council shall 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:
SECTION: Reports of the City Manager November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.
Jay Lotthammer, Interim City 2011 Budget Update
Manager
Requested Action
Staff is not requesting a formal action at this time, but would like Council direction.
Synopsis
The Council will have had the opportunity at the workshop to hear the Budget Advisory
Commission's (BAC)recommendations. Although staff has not had the benefit of hearing the
discussion between the BAC and the City Council, an additional scenario that the council has
previously requested is a zero increase. The scenarios that will be presented and reviewed by staff
include:
Plan 1 Original 2011 Budget
Plan 1-A BAC Recommended Budget/Zero Increase Budget
Plan 1-B Wages and Health Insurance Costs.
Staff is hopeful the conversation at the workshop and the feedback generated by the additional
scenarios will give staff an indication of council members desires to be considered at the
December 7th Council meeting.
Background
The following Budget Scenarios are also presented in the attached Budget Scenario Chart for
comparative purposes.
Plan 1: Original 2011 Budget
Compared to the 2010 budget, the factors increasing the budget for 2011 include the following
catagories:
Duty Crew 240,000
Two Police Officers 156,000
Two Percent Wage Increase 272,000
Step Increases 76,000
Health Insurance 175,000
Pension/FICA 156,000
Total $1,075,000
Plan 1-A: BAC Recommended Budget/Zero Increase Budget
This does not include any of the above items in the calculation. The increased Pension/FICA
contributions are mandated. If any of the other items were included, corresponding reductions in
other service areas would need to be made. Any reduction or increase in the levy amount would
have a corresponding reaction in the General Fund Operating Deficit.
Plan 1-B: Wages and Health Insurance Costs
This plan shows an increase in spending over 2010 for the amounts that make up Wage
Adjustments and Health Insurance Costs.
*The column(2010 General Fund Operating Deficit) shows a projected result of($976,084).
Based on 2010 performance as of this date, staff believes this deficit will be less.
Proposed Budget Timeline
November 16 Workshop with Budget Advisory Commission
November 16 Staff/Council Review and Feedback
December 7 2011 Budget Approval
December 21 If necessary
Attachment
Budget Scenario Chart
11111'',
EDEN Tax A For Tax 4 For General General
PRAIRIE 2010- 2011 2010- 2011 2010-2011 2010-2011 2010- 2010- Fund Fund
($) (%) ($) (%) 2011 ($) 2011 (%) Operating Operating
LIVE•WORK•QAEAM Deficit ($) Deficit ($)
Plan 1.
Authorized 2011 Budget $1,051,102 2.8% $751,932 2.61% $47 4.36% ($976,084*) ($1,642,688)
(09/2010)
Plan 1-A
BAC Recommendation $0 0% $751,932 2.61% $47 4.36% ($976,084*) ($591,586)
(10/2010)
Plan 1-B
Include Wage
Adjustments and Health 679,000 1.8% $751,932 2.61% $47 4.36% ($976,084*) ($1,270,586)
Insurance Costs
*This is the original budgeted deficit. Actual results will be different. Through October development revenue is $650,000 more than budgeted and more
than last year. Membership revenue at the community center is $121,200 more than budgeted through October.
Note: A $300,000 change in the tax levy changes the tax for the msfrt by$11.00 or 1%.
CITY COUNCIL AGENDA
DATE:
SECTION: Reports of the City Manager November 16, 2010
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2
Jay Lotthammer, Interim City City Manager Search Update
Manager
Requested Action
Council direction to Mr. Albrecht is requested.
Synopsis
Mr. Greg Albrecht from M&A Executive Search will be in attendance to update the City Council
on search efforts and to discuss the time line for the next phases of the search.
The City Council selected Mr. Greg Albrecht from M&A Executive Search to conduct a search
process for the City Manager position. The Council met with Mr. Albrecht as a part of a
workshop on Tuesday, October 19. In addition to discussing desired qualifications and
characteristics, Mr. Albrecht reviewed and presented a possible time line for moving forward
with the search and interview process. Currently, Mr. Albrecht is in the candidate search process.
CITY COUNCIL AGENDA DATE:
November 16, 2010
SECTION: Reports of the City Attorney
ITEM DESCRIPTION:
SERVICE AREA/DIVISION: ITEM NO.: XIV.H.1.
City Attorney Flying Cloud Joint Airport Zoning Board
Ordinance
Requested Action
Move to: Advise the Flying Cloud Airport Joint Airport Zoning Board that the City consents to
forwarding the JAZB Ordinance to the Commissioner of Transportation for review.
Synopsis:
The Joint Airport Zoning Board has considered the FCM Zoning Ordinance prepared by MAC.MAC
desires that the Board approve the Ordinance and forward it to the Commissioner of Transportation
for his approval. The Board directed that MAC and the City agree on the language of the Ordinance
prior to taking the requested action.
Background Information:
The City previously agreed to be a part of the Joint Airport Zoning Board and appointed two
members of the Council to be its representatives on the Board. MAC developed and presented to
the Board a proposed FCM Zoning Ordinance. After consultation with the Council the City
Manager, City Attorney and Staff have engaged in substantive discussions with MAC regarding
the language of the FCM Zoning Ordinance and the duties of the Zoning Administrator. The
FCM Zoning Ordinance attached to this cover memo is the product of those discussions. The
Ordinance designated the City as the Zoning Administrator for property in Eden Prairie. The
Ordinance provides that in the event the Zoning Administrator does not administer the FCM
Zoning Ordinance, that the Executive Director of MAC is the Zoning Administrator. The vast
majority of the matters on which the Zoning Administrator will act are mattes of objective height
determination. MAC has developed a software application that provides the necessary
information to the Zoning Administrator to make that determination on each parcel of property
located in the City. If the City did not serve as the Zoning Administrator, a resident or developer
filing a land use application with Community Development Department or a permit application
with the Building Department would be required to also make application to and seek approval
from MAC. As to determinations other than height MAC will commit to provide, when
requested, timely advice to the Zoning Administrator upon which the City may rely in making a
determination on the application under consideration. As such MAC desires to retain the
language of indemnification contained in the Indemnification and Cooperative Agreement. The
Indemnification and Cooperative Agreement is not up for approval at this meeting.
Attachment
Flying Cloud Airport Zoning Ordinance
ff n
0 ° olv
Flying Cloud Airport
11161 Zoning Ordinance
Adopted , 2010
Adopted by the
Flying Cloud Airport Joint Airport Zoning Board
Contact Person:
Flying Cloud Joint Airport Zoning Board
c/o JAZB Secretary
Metropolitan Airports Commission
6040 28th Avenue South
Minneapolis, Minnesota 55450
TABLE OF CONTENTS
SECTION I. PURPOSE AND AUTHORITY 1
SECTION II. TITLE AND SHORT TITLE 2
SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION 2
A. Definitions 2
B. Rules Of Construction 7
SECTION IV. AIRSPACE OBSTRUCTION ZONING 8
A. Airspace Surfaces And Zones 8
B. Height Restrictions 10
SECTION V. LAND USE SAFETY ZONING 10
A. Safety Zones 10
B. Land Use Restrictions 11
SECTION VI. AIRPORT ZONING LIMITS AND FCM ZONING MAP 13
A. Airspace Zoning Limits 13
B. Safety Zoning Limits 14
C. FCM Zoning Map 14
SECTION VII. NONCONFORMING USES 14
A. FCM Zoning Ordinance 14
SECTION VIII. AIRPORT ZONING PERMITS 14
A. Permit Required 14
B. Exception To Permit Requirement 15
C. Permit Application 15
D. Permit Standard 15
E. Abandoned Or Deteriorated Nonconforming Uses 16
SECTION IX. VARIANCES 16
A. Variance Application 16
B. Failure Of Board To Act 17
C. Variance Standard 17
SECTION X. HAZARD MARKING AND LIGHTING 17
A. Nonconforming Uses 17
B. Permits And Variances 17
SECTION XI. ZONING ADMINISTRATOR 18
FCM Zoning Ordinance Page i
A. Duties 18
B. Designated Zoning Administrators 18
SECTION XII. BOARD OF ADJUSTMENT 19
A. Establishment Of Board And Selection Of Chair 19
B. Board Powers 19
C. Board Procedures 19
SECTION XIII. APPEALS 20
A. Who May Appeal 20
B. Commencement Of Appeals 20
C. Stay Of Proceedings 20
D. Appeal Procedures 21
E. Decision 21
SECTION XIV. JUDICIAL REVIEW 21
SECTION XV. PENALTIES AND OTHER REMEDIES 21
SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES 21
A. Compliance Required 21
B. Conflicts With Other Regulations. 22
C. Current Versions And Citations. 22
SECTION XVII. SEVERABILITY 22
A. Effect Of Taking 22
B. Validity Of Remaining Provisions 22
SECTION XVIII. EFFECTIVE DATE 23
Flying Cloud Airport Zoning Map
Airspace Zones, Index Sheet and Plates A-1 to A-24
Safety Zones, Index Sheet and Plates SZ-1 to SZ-24
Maximum Construction Heights Without Permit, Index Sheet and Plates MCH-1 to MCH-24
Exhibit A —Airport Boundary
Exhibit B — Legal Descriptions of Parcels in Permitted Residential Areas
Exhibit C — Map of Permitted Residential Areas
Exhibit D —Airport Boundary and Airspace Zoning Limits
Exhibit E — Airport Boundary and Airspace Contours
Exhibit F - Airport Boundary and Safety Zoning Limits
FCM Zoning Ordinance Page ii
FLYING CLOUD AIRPORT
ZONING ORDINANCE
ADOPTED BY THE
FLYING CLOUD AIRPORT JOINT AIRPORT ZONING BOARD
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF
THE FLYING CLOUD AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE
BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF
SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE FLYING CLOUD AIRPORT ZONING
MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND
IMPOSING PENALTIES.
THEREFORE, IT IS HEREBY ORDAINED BY THE FLYING CLOUD AIRPORT JOINT AIRPORT ZONING
BOARD PURSUANT TO THE AUTHORITY CONFERRED BY MINNESOTA STATUTES §§ 360.061 —
360.074, THAT THE FLYING CLOUD AIRPORT ZONING ORDINANCE BE EFFECTIVE AS FOLLOWS:
SECTION I. PURPOSE AND AUTHORITY
The FLYING CLOUD Airport Joint Airport Zoning Board, created and established by joint action of
the Metropolitan Airports Commission and the Cities of Eden Prairie, Bloomington, Shakopee, and
Chanhassen, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby
finds and declares that:
A. An Airport Hazard endangers the lives and property of users of the Airport and property or
occupants of land in its vicinity, and also, if of the obstructive type, in effect reduces the size
of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to
destroy or impair the utility of the Airport and the public investment therein.
B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the
region served by the Airport.
FCM Zoning Ordinance Page 1
C. For the protection of the public health, safety, order, convenience, prosperity, and general
welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent
the creation or establishment of Airport Hazards.
D. The social and economic costs of disrupting land uses around the Airport, however, often
outweigh the benefits of a reduction in Airport Hazards requiring a balance between the social
and economic costs to surrounding communities and the benefits of strict regulation.
E. The prevention of these Airport Hazards should be accomplished, to the extent legally
possible, by the exercise of the police power without compensation.
F. Preventing the creation or establishment of Airport Hazards and eliminating, removing,
altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for
which political subdivisions may raise and expend public funds, levy assessments against land,
and acquire land and property interests therein.
SECTION II. TITLE AND SHORT TITLE
This ordinance shall be known as the "Flying Cloud Airport Zoning Ordinance" or the "FCM Zoning
Ordinance."
SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION
A. Definitions. As used in this Flying Cloud Airport Zoning Ordinance, unless otherwise
expressly stated, or unless the context clearly indicates a different meaning, the words and
phrases in the following list of definitions shall have the meanings indicated. All words and
phrases not defined shall have their common meaning.
1. Above-ground Fuel Tank. "Above-ground Fuel Tank" means a container, vessel, or
other enclosure designed to contain or dispense fuel that is located above the ground
surface, that is not contained within a building or structure, and that is not part of or
connected to a boat, motor vehicle, or rail car.
2. Airport. "Airport" means Flying Cloud Airport located in Hennepin County, Minnesota.
3. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A —
Airport Boundary, attached hereto and made a part hereof.
FCM Zoning Ordinance Page 2
4. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that
obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in
landing or taking off at the Airport; and any use of land that is hazardous to Persons or
property because of its proximity to the Airport.
5. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required
under Section IX.
6. Airspace Surfaces. "Airspace Surfaces" means the surfaces established in
Section IV.A.
7. Airspace Zones. "Airspace Zones" means the land use zones established in
Section IV.A.
8. Board of Adjustment. "Board of Adjustment" means the body established in
Section XIII.A.
9. Bluff. "Bluff" means a steep cliff, embankment, hill, or outcropping along a river or
stream, with an average slope of eighteen (18) percent or greater measured over a
horizontal distance of fifty (50) feet or more, and that rises at least twenty-five (25) feet
above the ordinary high water mark of the river or stream.
10. Commissioner. "Commissioner" means the Commissioner of the Minnesota
Department of Transportation or, if either the position of Commissioner or the Minnesota
Department of Transportation shall no longer exist or serve its present functions, such
successor state official or officials or entity or entities as shall either singularly or
collectively perform or serve such functions.
11. Dwelling. "Dwelling" means any building or portion thereof designed or used as a
residence or sleeping place of one or more Persons.
12. Effective Date. "Effective Date" means the effective date set forth in Section XIX.
13. Permitted Residential Areas. "Permitted Residential Areas" means the areas listed
on Exhibit B — Legal Descriptions of Parcels in Permitted Residential Areas and shown on
Exhibit C — Map of Permitted Residential Areas, both attached hereto and made a part
hereof, all of which have been designated based on the following criteria/findings
related to each listed neighborhood:
a. Low accident probability;
FCM Zoning Ordinance Page 3
b. Aircraft accident and site characteristics;
c. Adjacency to large open areas;
d. Economic effects of residential use restrictions and/or designation of existing
residential uses as non-conforming; and
I. Other material factors deemed relevant by the governmental unit in distinguishing
the area in question as a Permitted Residential Area.
14. FAA. "FAA" means the Federal Aviation Administration or, if the Federal Aviation
Administration shall no longer exist or serve its present functions, such successor federal
entity or entities as shall either singularly or collectively perform or serve such functions.
15. FAA 7460 Obstruction Evaluation. Established FAA process for conducting
aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for
proposed construction or alteration) or Federal Aviation Act of 1958 (for existing
structures), or any successor to this process.
16. FCM Zoning Map. "FCM Zoning Map" means the Flying Cloud Airport Zoning Map as
defined in Section VI.C.
17. Fuel. "Fuel" means any petroleum product, including natural gas, used to produce heat
or power by burning.
18. Lot. [For JAZB Ordinance: "Lot" means a designated parcel, tract, or area of land
established by plat or subdivision, or otherwise permitted by law.' [For Eden Prairie
Ordinance: "Lot" means one unit of a recorded plat, subdivision, or registered land survey, or
a recorded parcel described by metes and bounds.1
19. Low Density Residential Structure. "Low Density Residential Structure" means a
single-family or two-family home.
20. Low Density Residential Lot. "Low Density Residential Lot" means a single Lot
located in an area which is zoned for single-family,_—er two-family residences, or
multifamily-residential use and in which the predominant land use is such type of
residences.
21. 21.Nonconforming Use. "Nonconforming Use" means any pre-existing Structure or
use of land which is inconsistent with the provisions of this FCM Zoning Ordinance or an
amendment hereto.
FCM Zoning Ordinance Page 4
22. Nursing Home. "Nursing Home"
peep-le-reside-on a twcntybasis in ordcr to rcccivc nursing carc and
rclatcd scrviccs and includcs assistcd living facilitics liccnscd by the Minnesota
Nursing home" means a facility or that part of a
facility which provides nursing care to five or more persons. "Nursing home" does not
include a facility or that part of a facility which is a hospital, a hospital with approved
swing beds as defined in section 144.562, clinic, doctor's office, diagnostic or treatment
center, or a residential program licensed pursuant to sections 245A.01 to 245A.16 or
252.28.
23. Person. "Person" means any individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes a trustee, receiver,
assignee, administrator, executor, guardian, or other representative.
24. Planned. "Planned" means proposed future Airport developments and improvements
indicated on a planning document having the approval of the FAA, the Minnesota
Department of Transportation, Office of Aeronautics, and the Metropolitan Airports
Commission.
25. Precision Instrument Runway. "Precision Instrument Runway" means a Runway
having an existing instrument approach procedure utilizing an instrument landing system
(ILS), or a precision approach radar (PAR), and a Runway for which a precision
instrument approach procedure is Planned.
26. Runway. "Runway" means any existing or Planned paved surface of the Airport which
is specifically designated and used or Planned to be used for the landing and/or taking
off of aircraft. The individual Runways at the Airport are defined in this FCM Zoning
Ordinance based on the compass heading of landing aircraft.
27. Runway 10R-28L. "Runway 10R-28L" means the 5,000-foot runway. Runway 1OR is a
Precision Instrument Runway and Runway 28L is a Non-precision Runway. Both the
Runway 1OR and 28L ends are within the City of Eden Prairie.
28. Runway 10L-28R. "Runway 10L-28R" means the 3,900-foot Non-precision Runway at
the Airport whose 10L and 28R ends are within the City of Eden Prairie.
FCM Zoning Ordinance Page 5
29. Runway 18-36. "Runway 18-36" means the 2,691-foot runway (planned for extension
to 2,800 feet). Runway 18 is a Visual Runway and Runway 36 is a Non-Precision
Runway. Both the Runway 18 and 36 Ends are within the City of Eden Prairie.
30. Runway Protection Zone. "Runway Protection Zone" means a zone mandated by
FAA regulations that is longitudinally centered on the extended centerline at each end of
Runways 10R-28L, 10L-28R, 18-36, whose inner edge is at the same width and
elevation as, and coincides with, the end of the Primary Surfaces for Runways 10L-28R
and 10R; starts at a width of 500 feet for Runway 28L and 250 feet for Runways 18-36;
and that extends outward a horizontal distance of 1,000 feet expanding uniformly to a
width of 700 feet for Runways 10L-28R and 28L; extends outward a horizontal distance
of 1,000 feet expanding uniformly to a width of 450 feet for Runways 18-36; extends
outward a horizontal distance of 2,500 feet expanding uniformly to a width of 1,750 feet
for Runway 10R. .
31. Safety Zones. "Safety Zones" means the land use zones established in Section V.A.
32. School. "School" means any private or public educational institution for people in
kindergarten through grade twelve (12) and any private or public day care or pre-school
facility that enrolls more than fifty (50) children.
33. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of
horizontal magnitude to vertical magnitude.
Slope = 3:1 = 3 ft. horizontal to 1 ft. vertical
34. Structure. "Structure" means anything anchored, attached, built, constructed, erected,
gathered, located, placed, or piled on the ground or in or over a water body, whether
temporary or permanent, moveable or immovable, including antennae, buildings,
canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead
transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks,
towers, utility poles, wires, and anything attached to any of the foregoing either
temporarily or permanently.
35. Tree. "Tree" means any object of natural growth.
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36. Zoning Administrator. "Zoning Administrator" means the public official in each
affected municipality and at the Metropolitan Airports Commission as set forth in
Section XII.B.
B. Rules Of Construction. In the construction of this FCM Zoning Ordinance, the following
rules shall be observed and applied, except where the context clearly indicates otherwise.
1. Computing Time. In computing the period of time within which an act may or must is
to be done, the first calendar day from which the designated period of time begins to
run shall not be included. The last day of the period shall be included, unless it is a
Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end
of the next day which is not a Saturday, Sunday, or legal holiday.
2. Conflicts Between Ordinance Provisions. If a provision of this FCM Zoning
Ordinance conflicts with any other provision of this FCM Zoning Ordinance, the more
restrictive provision shall prevail.
3. Height. "Height" shall be expressed as elevation in feet above Mean Sea Level, North
American Vertical Datum, 1988 Adjustment, except in reference to maximum
construction height without an Airport Zoning Permit when it shall be expressed as
distance in feet above curb level or above natural grade, as the context and
Section IX.B.1. require, or as distance in feet above ground shown on the Maximum
Construction Heights Without Permit Plates in the FCM Zoning Map.
4. Including, Not Limited To. The word "including" means including but not limited to.
5. Land To Include Water Surfaces And Bodies. The word "land" shall include water
bodies and surfaces for the purpose of establishing Airspace Zones and Safety Zones.
6. May, Permissive. The word "may" is permissive.
7. Shall, Mandatory. The word "shall" is mandatory and not discretionary.
8. Singular And Plural. The singular shall include the plural, and the plural the singular.
9. Tense. The present tense shall include the future.
FCM Zoning Ordinance Page 7
SECTION IV. AIRSPACE OBSTRUCTION ZONING
A. Airspace Surfaces And Zones. In order to carry out the purpose of this FCM Zoning
Ordinance as set forth in Section I., the following Airspace Surfaces and Airspace Zones are
hereby established, subject to the airspace zoning limits in Section VI.A.
1. Primary Surface. An imaginary surface longitudinally centered on each Runway
extending two hundred (200) feet beyond each end of Runways 10L-28R, 10R-28L, 18-
36, and having a width of five hundred (500) feet for Runways 10L-28R, and 18-36 and
one thousand (1,000) feet for Runway 10R-28L. The elevation of any point on the
Primary Surface is the same as the elevation of the nearest point on the Runway
centerline.
2. Primary Zone. All that land which lies directly under a Primary Surface.
3. Horizontal Surface. An imaginary surface that is one thousand fifty-six (1,056) feet
above mean sea level, the perimeter of which is constructed by swinging arcs of
specified radii from the center of each end of the Primary Surface of each Runway and
connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is
five thousand (5,000) feet for Runways 18-36 and ten thousand (10,000) feet for
Runways 10L-28R and 10R-28L.
4. Horizontal Zone. All that land which lies directly under the Horizontal Surface.
5. Conical Surface. An imaginary surface extending upward and outward from the
periphery of the Horizontal Surface at a Slope of twenty (20) to one (1) for a horizontal
distance of four thousand (4,000) feet as measured radially outward from the periphery
of the Horizontal Surface.
6. Conical Zone. All that land which lies directly under the Conical Surface.
7. Precision Instrument Approach Surface. An imaginary surface longitudinally
centered on the extended centerline at the end of Runway 10R. The inner edge of this
surface is at the same width and elevation as, and coincides with, the end of the
Primary Surface. This surface inclines upward and outward at a Slope of fifty (50) to
one (1) for a horizontal distance of ten thousand (10,000) feet expanding uniformly to a
width of four thousand (4,000) feet, then continues upward and outward for an
FCM Zoning Ordinance Page 8
additional horizontal distance of forty thousand (40,000) feet at a Slope of forty (40) to
one (1) expanding uniformly to an ultimate width of sixteen thousand (16,000) feet.
8. Precision Instrument Approach Zone. All that land which lies directly under a
Precision Instrument Approach Surface.
9. Approach Surface. An imaginary surface longitudinally centered on the extended
centerline at each end of Runways 10L-28R, 28L and 18-36. The inner edge of this
surface is at the same width and elevation as, and coincides with, the end of the
Primary Surface. For Runways 10L-28R, 28L, this surface inclines upward and outward
at a Slope of thirty-four (34) to one (1) for a horizontal distance of ten thousand
(10,000) feet expanding uniformly to a width of three thousand five hundred (3,500)
feet. For Runway 18-36, this surface inclines upward and outward at a Slope of twenty
(20) to one (1) for a horizontal distance of five thousand (5,000) feet expanding
uniformly to a width of or one thousand two hundred and fifty (1,250) feet for Runway
18 and two thousand (2,000) feet for Runway 36.
10. Approach Zone. All that land which lies directly under an Approach Surface.
11. Transitional Surface. An imaginary surface extending upward and outward at right
angles to the centerline and extended centerline of Runways 10L-28R, 10R-28L, 18-36
at a Slope of seven (7) to one (1) from both sides of each Primary Surface and from
both sides of each Precision Instrument Approach Surface for 1OR and the Approach
Surfaces of 10L-28R, 28L, and 18-36 until it intersects the Horizontal Surface or the
Conical Surface.
12. Transitional Zone. All that land which lies directly under a Transitional Surface.
B. Height Restrictions: Except as otherwise provided in this FCM Zoning Ordinance, and
except as necessary and incidental to Airport operations, the following height restrictions shall
apply. Where a Lot is beneath more than one Airspace Surface, the height of the more
restrictive (lower) Airspace Surface shall control.
1. Structures. No new Structure shall be constructed or established; and no existing
Structure shall be altered, changed, rebuilt, repaired, or replaced in any Airspace Zone
so as to project above any Airspace Surface. Nor shall any equipment used to
FCM Zoning Ordinance Page 9
accomplish any of the foregoing activities be allowed to project above any Airspace
Surface.
2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or replanted
in any Airspace Zone so as to project above any Airspace Surface. Nor shall any
equipment used to accomplish any of the foregoing activities be allowed to project
above any Airspace Surface.
a. Public Nuisance; Order. If the whole or any part of any tTree shall be determined
to be an aAirport bHazard by the FAA, or any successor entity, after proper
investigation. the Metropolitan Airports Commission's Executive Director or his
designee may issue an order in writing for the owner or owners, agent or occupant
of the property upon which such hazardous tree is located, to forthwith cause such
hazardous tree, or portion thereof if the removal of a portion will remove the
hazard, to be taken down and removed; such ordcr to bc moiled to the last known
b. Notice. Said order is to be mailed to the last known address of the owner, agent or
occupant and shall be accompanied by a notice setting forth said Executive
Director's authority to remove such hazardous Tree at such owner's, agent's or
occupant's expense in the event such owner, agent or occupant fails to comply
with or file a notice of appeal from said order within ten (10) days of mailing. The
notice shall include instructions for filing a notice of appeal from said order.
bc. Removal. If within ten (10) days after said order has been mailed, as above
provided for, the owner or owners, agent or occupant of the property upon which
such hazardous tTree is located neglects or refuses to comply with said order, or
has failed to file a notice of appeal from said order with said Executive Director,
then said Executive Director or his designee(s) may enter upon said premises and
take down or remove said tree or portion thereof declared to be hazardous, and to
do any and all things which in his opinion may be necessary for the protection of
life, limb or property.
ed. Assessment of Expense. If, after the notice hereinbefore provided for has been
given, the owner, agent or occupant has failed to remove such hazardous tree or
portion thereof, and it becomes necessary for the Metropolitan Airports
Commission to remove same, said Executive Director or his designee shall mail a
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statement of the expense of such removal to the owner, agent or occupant of the
property from which such tree or portion thereof has been removed, and if within
thirty (30) days therefrom the owner, agent or occupant has not remitted to the
Commission for the expense incurred by the Commission in said removal, the
Executive Director or his designee may forthwith recover the amount of such
expense from the owner or owners of said property in any civil court of competent
jurisdiction, in the manner provided by law.
SECTION V. LAND USE SAFETY ZONING
A. Safety Zones. In order to carry out the purpose of this FCM Zoning Ordinance, as set forth
in Section I., the following Safety Zones are hereby established, subject to the safety zoning
limits in Section VI.B.
I. Safety Zone A. All land in that portion of the Precision Instrument Approach Zones of
Runways 1OR and the Approach Zones of 10L-28R, 18-36, and 28L, beginning at, and
coinciding with, the end of the Primary Surfaces for Runways 10R, 10L-28R; and that
extends outward a horizontal distance of 1,000 feet expanding uniformly to a width of
700 feet for Runways 10L, 28L and 28R starting at a width of 500 feet for Runway 28L;
extends outward a horizontal distance of 2,500 feet expanding uniformly to a width of
1,750 feet for Runway 10R; and that starts at a width of 250 feet and extends outward
a horizontal distance of 1,000 feet expanding uniformly to a width of 450 feet for
Runways 18-36 (which is coincident with the Runway Protection Zone).
2. Safety Zone B. All land in that portion of the Precision Instrument Approach Zone of
Runway 1OR and Approach Zone of Runway 28L beginning at and coinciding with the
Primary Surface of the Runway at a width of 1,000 feet, extending outward a distance
of five thousand (5,000) feet and expanding uniformly to an ultimate width of two
thousand five hundred (2,500) feet, less the area encompassing State Safety Zone A
(RPZ); and is all land in that portion of the Approach Zone of Runway 10L and Runway
28R beginning at and coinciding with the Primary Surface of the Runway, extending
outward a distance of three thousand nine hundred (3,900) feet and expanding
uniformly to an ultimate width of one thousand six hundred seventy (1,670) feet less
the area encompassing State Safety Zone A (RPZ); and is all land in that portion of the
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Approach Zone of Runways 18-36 beginning at and coinciding with the end of the
Primary Surface of the Runway at a width of 500 feet, extending outward a distance of
two thousand eight hundred (2,800) feet and expanding uniformly to an ultimate width
of one thousand three hundred forty (1,340) feet less the area encompassing State
Safety Zone A (RPZ).
3. Safety Zone C. All land enclosed within the perimeter of the Horizontal Zone, except
that land within Safety Zone A and Safety Zone B.
B. Land Use Restrictions
1. General Restrictions. Subject at all times to the height restrictions set forth in
Section IV.B., no use shall be made of any land in any of the Safety Zones that creates
or causes interference with the operations of radio or electronic facilities on the Airport
or with radio or electronic communications between Airport and aircraft, makes it
difficult for pilots to distinguish between Airport lights and other lights, results in glare in
the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, or
otherwise endangers the landing, taking off, or maneuvering of aircraft.
2. Safety Zone A Restrictions. Subject at all times to the height restrictions set forth in
Section IV.B. and to the general restrictions contained in Section V.B.1., areas
designated as Safety Zone A for each end of Runways 10R-28L, 10L-28R, 18-36 shall
contain no Structures or Trees, except Structures related to Airport operations or air
navigation as allowed in a Runway Protection Zone by Federal laws and regulations or
by FAA advisory circulars shall be permitted.
3. Safety Zone B Restrictions. Subject at all times to the height restrictions in
Section IV.B. and to the general restrictions in Section V.B.1., all land uses shall be
permitted in Safety Zone B for each end of Runways 10R-28L, 10L-28R, 18-36, except
for the following uses which shall be specifically prohibited: amphitheaters,
campgrounds, churches, fuel storage tank farms and Above-ground Fuel Tanks, gasoline
stations, hospitals, Nursing Homes, residential uses (including low, medium, and high
density residential uses), Schools, stadiums, theaters, trailer courts, and ponds or other
uses that might attract waterfowl or other birds such as putrescible waste disposal
operations, wastewater treatment facilities and associated settling ponds, and dredge
spoil containment areas; provided, however, the prohibition on ponds or other uses that
FCM Zoning Ordinance Page 12
might attract waterfowl or other birds shall not apply to areas below an elevation of
eight hundred sixty five (865) feet above mean sea level along any Bluff of the
Minnesota River.
In Safety Zone B for each end of Runways 10R-28L, 10L-28R, 36-18, a minimum of 20%
of the total Zone B acreage or 20 acres, whichever is greater, shall be maintained as
contiguous open space.
4. Safety Zone C Restrictions. No land use in Safety Zone C shall violate the height
restrictions set forth in Section IV.B. or the general restrictions contained in
Section V.B.1.
5. Permitted Residential Areas
a. Property located in the permitted Residential Areas shall be subject to the height
restrictions of Section IV.B. and the general restrictions of Section V.B.1. but shall
not be subject to the Safety Zone A restrictions of Section V.B.2. or the Safety
Zone B restrictions of Section V.B.3. In addition, such Structure, Lot, or use shall
be deemed a conforming use that shall not be prohibited under this FCM Zoning
Ordinance.
b. In Safety Zone B in Permitted Residential Areas, existing low, medium, and high
density residential uses may be improved and expanded, and new low, medium,
and high density residential uses may be developed, all subject to the height
restrictions of Section IV.B. and the general restrictions of Section V.B.1.
c. Land uses in Permitted Residential Areas that violate any of the following
restrictions are prohibited as safety hazards and must be acquired, altered, or
removed at public expense, provided such expense shall not be the responsibility
of any of the cities adopting this ordinance:
i. any Structure which a Person customarily uses as a principal residence and
which is located entirely inside Safety Zone A within 1,000 feet of the end of
a Primary Zone;
ii. any Structure which a Person customarily uses as a principal residence and
which is located entirely within Safety Zones A or B and which penetrates a
Precision Instrument Approach Surface;
iii. any land use in Safety Zone A or B which violates any of the following
standards:
FCM Zoning Ordinance Page 13
(1) the land use must not create or cause interference with the operation
of radio or electronic facilities on the Airport or with radio or electronic
communications between the Airport and aircraft;
(2) the land use must not make it difficult for pilots to distinguish between
Airport lights and other lights; or
(3) the land use must not result in glare in the eyes of pilots using the
Airport or impair visibility in the vicinity of the Airport;
iv. any isolated Low Density Residential Lot on which any Structure, if built,
would be prohibited by Section V.B.5.c., subsections i., ii., or iii.; and
v. any other land use that the Commissioner determines, pursuant to Minnesota
Rules 8800.2400, subp. 6.E.(5)(e), constitutes a material danger to the
landing, taking off, or maneuvering of aircraft or to the safety of Persons on
the ground.
SECTION VI. AIRPORT ZONING LIMITS AND FCM ZONING MAP
A. Airspace Zoning Limits. No Airspace Zone shall extend more than two miles from the
Airport Boundary under the Precision Instrument Approach Surfaces or more than one and
one-half miles from the Airport Boundary outside the Precision Instrument Approach Surfaces.
Exhibit D — Airport Boundary and Airspace Zoning Limits and Exhibit E — Airport Boundary and
Airspace Contours, attached hereto and made a part hereof, show these limits.
B. Safety Zoning Limits. The Safety Zoning Limits shall not extend beyond one (1) mile from
the airport boundary. Safety Zone B will define the extent of the zoning limits in areas where
Safety Zone B extends beyond one (1) mile from the airport boundary. Exhibit F — Airport
Boundary and Safety Zoning Limits, attached hereto and made a part hereof, shows these
limits.
C. FCM Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones,
and Safety Zones and the maximum construction heights without an Airport Zoning Permit
established by this FCM Zoning Ordinance are set forth on the Flying Cloud Airport Zoning
Map consisting of seventy-nine (72) plates — Airspace Zones, Plates A-1 to A-24; Safety
Zones, Plates SZ-1 to SZ-24; and Maximum Construction Heights Without Permit,
Plates MCH-1 to MCH-24 prepared by the Metropolitan Airports Commission, attached hereto
FCM Zoning Ordinance Page 14
and made a part hereof. These plates, together with such amendments thereto as may from
time to time be made, and all notations, references, elevations, heights, data, surface and
zone boundaries, and other information thereon, shall be and the same are hereby adopted
as part of this FCM Zoning Ordinance.
SECTION VII. NONCONFORMING USES
A. FCM Zoning Ordinance. The provisions of this FCM Zoning Ordinance shall not be
construed to require the removal, lowering, other change, or alteration of any Structure, or
otherwise interfere with the continuance of any Nonconforming Use in existence but not
conforming to the provisions of this FCM Zoning Ordinance on the Effective Date. Nothing
herein contained shall require any change in the construction, alteration, or intended use of
any Structure, the construction or alteration of which was begun prior to the Effective Date,
and was diligently prosecuted and completed within two (2) years of the Effective Date.
SECTION VIII. AIRPORT ZONING PERMITS
A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone
or Safety Zone unless an Airport Zoning Permit shall have been granted therefore by the
Zoning Administrator for the jurisdiction in which the Lot is located.
1. Existing Structures. Except as specifically provided in Section IX.B., no existing
Structure shall be altered, changed, rebuilt, repaired, or replaced.
2. New Structures. Except as specifically provided in Section IX.B., no Structure shall be
newly constructed or otherwise established.
3. Nonconforming Structures. No nonconforming Structure shall be altered, changed,
rebuilt, repaired, or replaced.
5. Nonconforming Use. No Nonconforming Use shall be changed or converted to
another Nonconforming Use.
B. Exception To Permit Requirement.
1. Maximum Construction Height Without A Permit. No Airport Zoning Permit shall
be required for an existing Structure to be altered, changed, rebuilt, repaired, or
FCM Zoning Ordinance Page 15
replaced on a Lot or for a new Structure to be constructed or otherwise established on a
Lot, if the highest point on the Structure or on any equipment used to accomplish any of
the foregoing activities, whichever is higher, measured in feet from curb level or from
natural grade at a point ten (10) feet away from the front center of the Structure,
whichever is lower, does not exceed the maximum construction height above ground
without an Airport Zoning Permit shown for the Lot on the applicable Maximum
Construction Heights Without Permit Plate in the FCM Zoning Map. The permitting
process will require an FAA 7460 Obstruction Evaluation for all structures with proposed
heights in excess of the maximum allowable construction height with out a permit.
2. No Violation Of Height Or Land Use Restriction Permitted. Nothing in this
Section IX.B. shall be construed as permitting or intending to permit a violation or a
greater violation of any provision of this FCM Zoning Ordinance.
C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be
made in the manner and on the form established by the Zoning Administrator of the
jurisdiction in which the Lot is located as designated in Section XII.B.
D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning
Administrator determines that granting the permit (1) would allow a conforming Structure or
use to violate any provision of this FCM Zoning Ordinance or (2) would permit a
nonconforming Structure or a Nonconforming Use to become a greater violation of any
provision of this FCM Zoning Ordinance. Any Airport Zoning Permit granted may be granted
subject to any reasonable conditions that the Zoning Administrator may deem necessary to
effectuate the purpose of this FCM Zoning Ordinance. In making any determination, the
Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport
Zoning Permit application or the determination.
E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator
determines that a nonconforming Structure has been abandoned or more than eighty percent
(80%) torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that
would allow such Structure to exceed the height restrictions of Section IV.B. or otherwise
violate any provision of this FCM Zoning Ordinance. Whether application is made for an
Airport Zoning Permit or not, a Zoning Administrator, may order the owner of a
FCM Zoning Ordinance Page 16
nonconforming Structure, at the owner's expense, to lower, remove, reconstruct, or equip the
same in the manner necessary to conform to the provisions of this FCM Zoning Ordinance.
Prior to issuing such an order, the city Zoning Administrator shall consult with the
Metropolitan Airports Commission and obtain its consent to the proposed order. Further prior
to the issuance of any such order the affected City and the Metropolitan Airports Commission
shall enter into an agreement as to which party is responsible for issuance and enforcement
of the order. In the event the owner of the nonconforming Structure shall neglect or refuse to
comply with such order for ten (10) days after receipt of written notice of such order, the
Zoning Administrator may, by appropriate legal action, proceed to have the nonconforming
Structure lowered, removed, reconstructed, or equipped and assess the cost and expense
thereof against the land on which the Structure is, or was, located. Unless such an
assessment is paid within ninety (90) days from the service of notice thereof on the owner of
the land, the sum shall bear interest at the rate of eight percent (8%) per annum from the
date the cost and expense is incurred until paid, and shall be collected in the same manner as
are general taxes, all as authorized by Minnesota Statutes § 360.067.
SECTION IX. VARIANCES
A. FAA 7460 Obstruction Evaluation. Any proposed structure with a height in excess of the
maximum allowable building height without a permit that has been analyzed by the FAA as
part of a 7460 Obstruction Evaluation and has been determined by the FAA not to be a
hazard to air navigation and not requiring changes to airport or aircraft operations will not
require a variance.
B. Variance Application. Any Person desiring to construct or establish a new Structure; to
alter, change, rebuild, repair, or replace an existing Structure;—to allow a Tree to grow
higher; to alter, repair, replace, or replant a Tree;—or to use his or her property in violation of
any provision of this FCM Zoning Ordinance may apply to the Board of Adjustment for a
variance from such provision. A variance application shall be made by sending the application
on the form provided by the Board of Adjustment by certified United States Mail to (1) the
members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address
specified in Section XIII.C. The applicant shall also mail a copy of the application by regular
United States Mail to the Zoning Administrator of the jurisdiction in which the Structure or
FCM Zoning Ordinance Page 17
property is located, as designated in Section XII.B. The Board of Adjustment may charge a
fee for processing the application.
C. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance
within four (4) months after the last Board member receives the variance application, the
variance shall be deemed to be granted by the Board of Adjustment, but not yet effective.
When the variance is granted by reason of the failure of the Board of Adjustment to act on
the variance, the Person receiving the variance shall send notice that the variance has been
granted by certified United States Mail to (1) the Board of Adjustment at the mailing address
specified in Section XIII.C. and (2) the Commissioner. The applicant shall include a copy of
the original application for the variance with the notice to the Commissioner. The variance
shall be effective sixty (60) days after this notice is received by the Commissioner, subject to
any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a.
D. Variance Standard. A variance shall be granted where it is found that a literal application
or enforcement of the provisions of this FCM Zoning Ordinance would result in practical
difficulty or unnecessary hardship and relief granted would not be contrary to the public
interest but do substantial justice and be in accordance with the spirit of this FCM Zoning
Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted
subject to any reasonable conditions that the Board of Adjustment, or the Commissioner
acting under Section XI.B., may deem necessary to effectuate the purpose of this FCM Zoning
Ordinance.
SECTION X. HAZARD MARKING AND LIGHTING
A. Nonconforming Uses. The Metropolitan Airports Commission may require Tthe owner of
any nonconforming Structure is hcrcby rcquircd to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed necessary by a Zoning
Administratorthe Metropolitan Airports Commission to indicate to the operators of aircraft in
the vicinity of the Airport the presence of such Airport Hazards. Such markers and lights shall
be installed, operated, and maintained at the expense of the Metropolitan Airports
Commission.
FCM Zoning Ordinance Page 18
B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning
Administrator or the Board of Adjustment may, if such action is deemed advisable to
effectuate the purpose of this FCM Zoning Ordinance and be reasonable in the circumstances,
be granted subject to a condition that the owner of the Structure in question, at the owner's
expense, install, operate, and maintain thereon such markers and lights as may be necessary
to indicate to pilots the presence of an Airport Hazard.
SECTION XI. ZONING ADMINISTRATOR
A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the
provisions of this FCM Zoning Ordinance. Applications for Airport Zoning Permits shall be
made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee
for processing the application. Airport Zoning Permit applications shall be considered and
acted upon by the Zoning Administrator in accordance with the provisions of this FCM Zoning
Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be
amended. The Zoning Administrator shall remind each applicant that it is the responsibility of
the applicant to record any conditions of an Airport Zoning Permit, if required by law.
B. Designated Zoning Administrators. For the purpose of this FCM Zoning Ordinance, the
Zoning Administrator shall be the official entitled as follows: the Eden Prairie Zoning
Administrator for lands located in the City of Eden Prairie; the Shakopee Zoning Administrator
for lands located in the City of Shakopee; and the Chanhassen Zoning Administrator for lands
located in the City of Chanhassen. In the event that one (1) or more of the above described
Zoning Administrators does not administer this FCM Zoning Ordinance, the Flying Cloud
Airport Joint Airport Zoning Board hereby appoints the Executive Director, Metropolitan
Airports Commission, (or his or her designee) to administer this FCM Zoning Ordinance in the
municipality or municipalities. If any official position designated above as a Zoning
Administrator ceases to exist or to perform or serve its present function, the successor
position as designated by the applicable entity shall become the Zoning Administrator for that
entity and shall perform or serve such functions.
FCM Zoning Ordinance Page 19
SECTION XII. BOARD OF ADJUSTMENT
A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of
Adjustment that shall consist of five (5) members appointed by the Metropolitan Airports
Commission, and each shall serve for a term of three (3) years and until a successor is duly
appointed and qualified. Of the members first appointed, one (1) shall be appointed for a
term of one (1) year, two (2) for a term of two (2) years, and two (2) for a term of three (3)
years. Upon their appointment, the members shall select a chair to act at the pleasure of the
Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission
for cause, upon written charges, after a public hearing.
B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals
from any order, requirement, decision, or determination made by any Zoning Administrator or
the Metropolitan Airports Commission's Executive Director in the enforcement of this FCM
Zoning Ordinance and to hear and grant or deny variances.
C. Board Procedures
1. Rules, Meetings, And Records. The Board of Adjustment shall adopt rules for its
governance and procedure in harmony with the provisions of this FCM Zoning
Ordinance. Meetings of the Board of Adjustment shall be held at the call of the chair
and at such other times as the Board of Adjustment may determine. The chair, or in his
or her absence the acting chair, may administer oaths and compel the attendance of
witnesses. All hearings of the Board of Adjustment shall be public. The Board of
Adjustment shall keep minutes of its proceedings showing the vote of each member
upon each question or, if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which shall immediately be
filed in the offices of the Executive Director, Metropolitan Airports Commission, and the
Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located.
2. Written Findings And Conclusions. The Board of Adjustment shall make written
findings of fact and conclusions of law giving the facts upon which it acted and its legal
conclusions from such facts in affirming, modifying, or reversing an order, requirement,
decision, or determination of a Zoning Administrator or the Metropolitan Airports
Commission's Executive Director and in granting or denying a variance.
FCM Zoning Ordinance Page 20
3. Majority Vote Required. The concurring vote of a majority of the members of the
Board of Adjustment shall be sufficient to affirm, modify, or reverse an order,
requirement, decision, or determination of a Zoning Administrator or the Metropolitan
Airports Commission's Executive Director, to decide to grant or deny a variance, or to
act on any other matter upon which the Board of Adjustment is required to pass under
this FCM Zoning Ordinance.
4. Mailing Address. The mailing address for the Board of Adjustment is:
FCM Zoning Ordinance Board of Adjustment
c/o Executive Director
Metropolitan Airports Commission
6040 28th Avenue South
Minneapolis, MN 55450
SECTION XIII. APPEALS
A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order,
requirement, decision, or determination of a Zoning Administrator made in administration of
this FCM Zoning Ordinance may appeal to the Board of Adjustment. Such appeals may also
be made by any governing body of a municipality or county, or any joint airport zoning board,
which is of the opinion that an order, requirement, decision, or determination of a Zoning
Administrator is an improper application of this FCM Zoning Ordinance as it concerns such
governing body or board.
B. Commencement Of Appeals. All appeals hereunder must be commenced within thirty (30)
days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of
appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to
the Board of Adjustment the notice of appeal and all papers constituting the record upon
which the order, requirement, decision, or determination appealed from was taken.
C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order,
requirement, decision, or determination appealed from, unless the Zoning Administrator
certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by
reason of the facts stated in the certificate a stay would, in the Zoning Administrator's
opinion, cause imminent peril to life or property. In such case, proceedings shall not be
FCM Zoning Ordinance Page 21
stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and
on due cause shown.
D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an
appeal, give public notice and due notice to the parties in interest, and decide the same
within a reasonable time. At the hearing, any party may appear in Person, by agent, or by
attorney.
E. Decision. The Board of Adjustment may, in conformity with the provisions of this FCM
Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement,
decision, or determination appealed from and may make such order, requirement, decision, or
determination, as may be appropriate under the circumstances and, to that end, shall have all
the powers of a Zoning Administrator.
SECTION XIV. JUDICIAL REVIEW
Any Person aggrieved, or any taxpayer affected by, any decision of the Board of Adjustment, or any
governing body of a municipality or county, er any joint airport zoning board, or order of the
Commissioner which is of the opinion that an order, requirement, decision, or determination of the
Board of Adjustment is illegal, may seek judicial review as provided in Minnesota Statutes
§ 360.072. The petitioner must exhaust the remedies provided in this FCM Zoning Ordinance
before availing himself or herself of the right to seek judicial review as provided by this Section XV.
SECTION XV. PENALTIES AND OTHER REMEDIES
Every Person who violates any provision of this FCM Zoning Ordinance, any zoning approval granted
hereunder, any condition of any zoning approval granted hereunder, or any order, requirement,
decision, or determination of a Zoning Administrator or the Board of Adjustment shall be guilty of a
misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and
imprisonment established for misdemeanors by state law. Each day a violation continues to exist
shall constitute a separate offense for purpose of the penalties and remedies specified in this
section. This FCM Zoning Ordinance may also be enforced through such proceedings for injunctive
relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be
amended, and other applicable law.
FCM Zoning Ordinance Page 22
SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES
A. Compliance Required. In addition to the requirements of this FCM Zoning Ordinance, all
Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or
federal laws, regulations, and rules, including Minnesota Statutes §§ 360.81-360.91 —
Regulation Of Structure Heights, Minnesota Rules 8800.1100 — Regulation Of Structure
Heights, and 14 Code of Federal Regulations Part 77 — Objects Affecting Navigable Airspace.
B. Conflicts With Other Regulations. Where a conflict exists between any provision of this
FCM Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule
applicable to the same area, whether the conflict be with respect to the height of Structures
or Trees, the use of land, or any other matter, the more stringent law, regulation, or rule shall
govern and prevail.
C. Current Versions And Citations. All references to city, local, regional, state, and federal
laws, regulations, and rules in this FCM Zoning Ordinance are intended to refer to the most
current version and citation. If such references are no longer valid due to repeal or
renumbering, the new laws, regulations, or rules intended to replace those cited, regardless
of the citation, shall govern.
SECTION XVII. SEVERABILITY
A. Effect Of Taking. In any case in which the provisions of this FCM Zoning Ordinance,
although generally reasonable, are held by a court to interfere with the use or enjoyment of a
particular Structure, Lot , or Tree to such an extent, or to be so onerous in their application to
such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in
violation of the constitution of this state or the constitution of the United States, such holding
shall not affect the application of this FCM Zoning Ordinance as to other Structures, Lots, and
Trees, and, to this end, the provisions of this FCM Zoning Ordinance are declared to be
severable.
B. Validity Of Remaining Provisions. Should any section or provision of this FCM Zoning
Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of this FCM Zoning Ordinance as a whole or any part thereof other than the
parts so declared to be unconstitutional or invalid.
FCM Zoning Ordinance Page 23
SECTION XVIII. EFFECTIVE DATE
This FCM Zoning Ordinance shall take effect on the day of , 2010. Copies thereof shall be
filed with the Commissioner and the Registers of Deeds for Hennepin County, Minnesota.
Passed and adopted after public hearings by the Flying Cloud Airport Joint Airport Zoning Board this
day of , 2010.
I hereby certify that this is a complete, true, and correct copy of the Flying Cloud Airport Zoning
Ordinance as adopted by the Flying Cloud Airport Joint Airport Zoning Board on , 2010.
Jenn Felger, Secretary
Flying Cloud Airport Joint Airport Zoning Board
Date: , 2010
Subscribed and sworn to before me this day of , 2010 by Jenn Felger, Secretary of the
Flying Cloud Airport Joint Airport Zoning Board.
Notary Public
FCM Zoning Ordinance Page 24