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HomeMy WebLinkAboutCity Council - 10/05/2010 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 5, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. WORKING SESSION WITH M & A EXECUTIVE SEARCH REGARDING THE CITY MANAGER SEARCH PROCESS Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 5, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 21, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 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 PUBLICATION C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ERICKSON ENGINEERING FOR 2010/2011 BRIDGE INSPECTIONS CITY COUNCIL AGENDA October 5, 2010 Page 2 E. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A (SINGLETREE LANE IMPROVEMENTS) F. APPROVE USE OF UP TO $75,000 IN CDBG FUNDS TO REHABILITATE THREE GROUP HOMES WHICH SERVE ELDERLY PEOPLE G. AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS TO TRANSFER THE ICMA-RC 457 RETIREMENT ACCOUNT FOR CITY MANAGER SCOTT NEAL TO THE CITY OF EDINA IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION APPROVING THE CITY OF PRIOR LAKEAS A MEMBER OF THE SUBURBAN TRANSIT ASSOCIATION XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Search & Appointment of Interim City Manager B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Woods Parking Lot Review E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: October 1, 2010 TO: Mayor and City Council FROM: Scott Neal, City Manager RE: City Council Meeting for Tuesday, October 5, 2010 TUESDAY, OCTOBER 5, 2010 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 21, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-G on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE 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 PUBLICATION ANNOTATED AGENDA October 5,2010 Page 2 C. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE SECTION 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION D. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ERICKSON ENGINEERING FOR 2010/2011 BRIDGE INSPECTIONS E. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A (SINGLETREE LANE IMPROVEMENTS) F. APPROVE USE OF UP TO $75,000 IN CDBG FUNDS TO REHABILITATE THREE GROUP HOMES WHICH SERVE ELDERLY PEOPLE G. AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS TO TRANSFER THE ICMA-RC 457 RETIREMENT ACCOUNT FOR CITY MANAGER SCOTT NEAL TO THE CITY OF EDINA IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. ADOPT RESOLUTION APPROVING THE CITY OF PRIOR LAKEAS A MEMBER OF THE SUBURBAN TRANSIT ASSOCIATION Synopsis: The City has received a request from the Board of South West Transit requesting the City Council's approval of a resolution which will allow the City of Prior Lake to join the Suburban Transit Association. The authorization of the City Council for this action is required by the bylaws of South West Transit and the Suburban Transit Association. I have discussed the matter with the Executive Director of South West Transit. I believe it is in the best interests of all parties for the Council to consent to this request. - MOTION: Move to adopt the resolution authorizing the City of Prior Lake to join the Suburban Transit Association. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS ANNOTATED AGENDA October 5,2010 Page 3 A. REPORTS OF COUNCIL MEMBERS 1. City Manager Search & Appointment of Interim City Manager B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Birch Island Woods Parking Lot Review Synopsis: At the September 19, 2010 open podium, Mr. Jeff Strate approached the City Council and asked that his alternative parking plan be examined in lieu of the plan that was arrived upon during the Birch Island Woods master plan process. Council Member Nelson, along with the concurrence of the Council, asked staff to present an overview of the past process and a current status of the project. Parks and Recreation Director Jay Lotthammer will give a presentation and answer questions that Council Members might have. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 21, 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. UTILITY RATE STUDY Grant Meyer of AE2S presented a PowerPoint on the utility rate study his firm conducted for the City of Eden Prairie. Meyer said utility revenues are used to finance the following: • Operation, maintenance and refurbishment/replacement of 15 deep wells; lime softening; three water towers; and approximately 260 miles of water main • Regulatory compliance • Meter reading and invoicing • Customer service and administration Meyer said a 2010 survey of north central communities with populations greater than 1,000 shows that Eden Prairie's utility rates are the second lowest of those responding, or about $35 per month. Meyer said the study objectives were to: • Determine seasonal irrigation costs • Develop a capital improvement program for utilities • Prepare of a 10-year revenue adequacy evaluation model and develop rate adjustment projections The cost of service analysis (COSA) shows that regular users account for 62.32 percent of system costs and irrigation accounts for 37.68 percent of costs. On the other hand, regular users provide 71.7 percent of revenue, while irrigation accounts for 28.3 percent of revenue. Meyer noted that in the past developers paid a large share of utility system costs. Meyer reviewed a spreadsheet that analyzes annual reinvestment costs for maintenance of the City's water utility. The calculations included an asset inventory, replacement and rehabilitation costs, estimates of useful service life, age analysis and adjustment factors. The estimated adjusted annual reinvestment cost is $1.7 million. Meyer said the report contains two rate structure scenarios. The first scenario is the City's current surcharge structure. The second scenario involves a block rate structure, which is designed to have minimal impact on lower tier water users. If the City chooses to go with Scenario 2, Meyer recommends the City annually evaluate how successful the rate structure is in getting people in the higher tiers to conserve. Meyer said the report contains the following recommendations: • Review water COSA every five years • Correct inequities by reducing system demand or increasing the cost of water for irrigation • Support the recommended CIP • Develop independent water and sewer utilities • Evaluate transition to monthly billing • Review revenue adequacy annually • Monitor near-term revenue stability • Fund operating, debt service and capital reserves • Adopt annual rate indexing • Annually increase miscellaneous utility charges • Considering transitioning to inclining block structure • Communicate changes and increases in rate structure to the public Public Works Director Gene Dietz said the main reason to consider transitioning to monthly billing would be to allow people to be more cognizant of how much water they are using, especially in the summer. City Manager Scott Neal noted that transitioning more people to the online payment option would help reduce administrative costs. Meyer said the utility rate study was presented to the Budget Advisory Commission (BAC). The BAC approved motions acknowledging receipt of the report, agreeing that there is a need to build up future reserve funds to maintain the utility system, and that a change to the rate system should be considered. The BAC also recommended that the Conservation Commission look into how the rate structure facilitates conservation. The Conservation Commission reviewed the utility rate study and agreed in principle with the block rate structure; however, they also recommended that the City look"harder at usage levels in the different gradients to ensure the objective of conservation is achieved." Council Member Nelson asked if there is any way to ensure utility funds will not be raided and used for other purposes. She also asked if there is any way to structure the system so that if usage is below a certain threshold a small rebate is given. Director of Public Works Gene Dietz said it might be possible to expand the current rebate program for residents who install water conserving appliances. Meyer said that in the lower tiers, small financial savings are not that effective in promoting conservation. Case said he would like to encourage more areas of wild grasses on both public and private property. He would like to see the City model what we want people to do. Dietz said the City also has a rebate program for rain gauges and water gardens. Council Member Aho said he does not see the need to break the lower tier down even further. Dietz said the proposed new fee structure could be incorporated in the annual fee resolution the Council receives in December, or it can be presented to Council for consideration sooner if they wish. Duckstad said he supports Dietz's recommendations. Council Chamber II. OPEN PODIUM A. Jeff Strate—Birch Islands Woods Parking Lot Strate said he has concerns about the City's plan to construct a parking lot in Birch Island Woods conservation area. He said he thought the plan would go through the Planning Commission and City Council approval processes, but he just recently learned that is not necessary. He said the City has already started to remove trees to make space for the parking lot. He said his concerns relate to safety and the effect of having an internal parking lot in a conservation area. He asked the City Council to delay construction of the parking lot until alternative solutions can be explored. Council Member Duckstad said the parking lot project should be put on hold until additional information is available. Council Member Nelson said she also is concerned with having a parking lot that far off the road. Parks and Recreation Director Jay Lotthammer said he will report back to the City Council on the history of the project at their next meeting. Lotthammer noted that he has heard from a number of citizens who are in favor of the parking lot. Bill Satterness said he agrees that it is a bad idea to put a parking lot in a conservation area. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 21, 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 7:00 PM. All Council Members were present. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. RECOGNITION OF HOME DEPOT VOLUNTEERS Lotthammer said during the spring and summer of 2010, the Eden Prairie Home Depot donated over 300 bags of mulch. The mulch was used to replace aging and deteriorating mulch at Miller Park and Purgatory Creek Park. Store personnel delivered and spread the mulch at each of the sites. He recognized three representatives from Home Depot for their hard work and thanked them very much for their efforts. MOTION: Nelson moved, seconded by Aho, to accept the donations and recognize the efforts of the Eden Prairie Home Depot. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Duckstad added Item XIV.A.1.Neal said there are three items on goldenrod paper that have been changed on the agenda: Item VIII.C., Item VIII.F., and Item IX.B.Neal added Item XIV.B.3. MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 7, 2010 CITY COUNCIL MINUTES September 21,2010 Page 2 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, September 7, 2010, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2010 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council meeting held Tuesday, September 7, 2010, as published. Motion carried 5- 0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2010-64 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION ON SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE C. ADOPT RESOLUTION NO. 2010-65 APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR THE GENERAL ELECTION D. REJECT ALL BIDS FOR METAL ROOF REPLACEMENT AT CITY CENTER E. REJECT ALL BIDS FOR STANDBY GENERATOR PROJECT AT THE COMMUNITY CENTER F. APPROVE PURCHASE AGREEMENT FOR MITEL CONSOLE SYSTEM WITH MARCO MOTION: Duckstad moved, seconded by Nelson, to approve Items A-F on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PORTION OF DRAINAGE AND UTILITY EASEMENT ON LOT 4, BLOCK 5, THE RIDGE AT RILEY CREEK 2ND ADDITION (Resolution No. 2010-66) Neal said official notice of this public hearing was published in the September 9, 2010,Eden Prairie News and sent to 4 property owners. The property owner has requested the vacation of the drainage and utility easement over a part of Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition to facilitate the building of a swimming pool. City Staff have reviewed this request and determined that there are no existing or future needs for this portion of the easement and it can be CITY COUNCIL MINUTES September 21,2010 Page 3 vacated. There were no comments from the audience. MOTION: Case moved, seconded by Duckstad, to close the public hearing and to adopt Resolution No. 2010-66 vacating a portion of the drainage and utility easements lying over, under and across Lot 5, Block 4, The Ridge at Riley Creek 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Motion carried 5-0. B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek Watershed District. Request for Code amendment to add Governmental Office as permitted use in the Public Zoning District, Comprehensive Guide Plan change from Low Density Residential to Parks/Open Space on 4.24 acres, Comprehensive Guide Plan change from Low Density Residential to Public/Quasi Public on 1.1 acres, Planned Unit Development concept review on 5.32 acres, Planned Unit Development district review on 5.32 acres, Zoning District change from R1-22 to Public on 5.32 acres, Site Plan review on 5.32 acres and preliminary plat of 5.32 acres into one lot.(Resolution No. 2010-67 for Guide Plan change; Resolution No. 2010-68 for PUD concept review, Ordinance for PUD district review and Zoning District change; Resolution No. 2010-69 for preliminary plat) Neal said official notice of this public hearing was published in the September 9, 2010,Eden Prairie News and sent to 59 property owners. The owner wants to give the property to the Nine Mile Creek Watershed District (NMCWD). The home would be converted into office and meeting room space. This use is not permitted on land zoned R1-22. The proposed use of the property requires a guide plan change, zoning change, a code amendment, and waivers from the City Code. All of the requests are discretionary actions which the City is not obligated to approve. The guide plan change is to Parks/Open Space and Public/Quasi Public. The building, building expansion, driveway,parking, tree removal, and infiltration-rain garden areas are located in the proposed Public/Quasi Public area. The remainder of the site is proposed for Parks/Open Space. To accommodate the use as proposed, the public zoning district list of permitted uses needs to be amended. The use could be defined as: "Governmental offices in buildings of less than 6,000 square feet." The waivers are for exterior materials, paved surfaces, and driveway width. Neal said there is a conservation easement on the property in favor of the Minnesota Land Trust. The easement would allow only a single family home that can be expanded by not more than 50%. If the private conservation easement is extinguished, through a judicial process, then the property would have rights to subdivide under the requirements of the R1-22 zoning districts for lot dimensions and lot size. The Public Zoning District permits more than just the watershed district office. Although the conservation easement would preclude most of them, if the private conservation easement is extinguished, through a judicial process, then the property would have rights under the Public Zoning District. These uses would have greater impacts than the proposed use. A way to limit the use of the property to the watershed district office only is to require that a deed restriction be CITY COUNCIL MINUTES September 21,2010 Page 4 recorded on the property in favor of the City. He reviewed the PUD waivers required for the exterior materials, the paved surfaces, and the driveway width. Neal said the 120-Day review period expires on December 10, 2010. Since the Planning Commission meeting, the site plan has been revised to relocate the driveway to align opposite Topview Road. The driveway width has been revised from a minimum of 12 feet to 18 feet. The Planning Commission voted 5-0 to recommend approval of the project at the August 23, 2010 meeting. Rosow noted the purpose for the public hearing is for the City Council to receive comments from the public on the merits of the proposal. He said the Council cannot make a decision based on a"straw poll."The Council has to consider the substance of the comments. He asked those who planned to speak tonight to be as factual as possible rather than general. He said the Council has the discretion to determine if the proposed guide plan change is an appropriate change. With respect to the zoning changes, one is for a City-wide text code amendment that would allow governmental use in a public district. The law states that a change in the zoning must follow the comprehensive guide plan, so the guide plan change must be approved first. He said there must be a 2/3 vote (four votes) of the entire City Council to pass the guide plan change, and the rezoning takes a majority(three votes). As to the question of whether Council Member Aho had a disqualifying conflict of interest because he lives in some proximity to the subject property, Rosow said he reviewed case law and consulted other city attorneys and the City Assessor on this. He reviewed the five factors that should be considered in making a decision on a conflict of interest and said he determined that Council Member Aho does not have a disqualifying conflict of interest in this matter. Aho said he appreciated the diligence of the City Attorney in this matter; however, he decided to abstain from voting since he lives in the neighborhood. Duckstad asked whether the zoning change would be a moot point if the guide plan change is made. Rosow said if the Council were to approve the guide plan change, a property owner can come in and request the property be zoned in accordance to the guide plan. Duckstad asked if the zoning request is not automatically passed when the guide plan change is approved. Rosow said it is not automatically passed, but as the guide plan motion is set up, if the guide plan passes by the correct vote, then all the rest would pass. LuAnn Tolliver, Chair of the NMCWD, introduced the board of the NMCWD. She said she believes they have an excellent proposal, and they have had a great working relationship with the City of Eden Prairie. Kevin Bigalke, District Administrator for the NMCWD, gave an explanation of the NMCWD, noting they are a special purpose unit of government. He said the Kaerwar property is 5.3 acres, of which 4.2 acres will be in Parks/Open Space and 1.1 acres will be in Public/Quasi Public zoning for the administrative functions of the water resource center. This is a unique opportunity to continue the preservation and stewardship of resources on the Kaerwar property. The PUD is unusual CITY COUNCIL MINUTES September 21,2010 Page 5 because NMCWD is requesting some exemptions from the building materials because they want to keep the building materials compatible with the existing architecture. The second exception is to the parking lot design and materials. He said their whole mission is water resource protection and they hope to make this into a zero runoff scenario. In order to do that they are proposing to have a portion of the parking lot be a porous asphalt surface that will allow water to infiltrate into the ground so there is essentially no storm water runoff. Twenty five parking stalls are required because of the size of the building; however, they are proposing to have 15 of those stalls in porous asphalt and ten stalls as overflow parking with a re-grass paved surface. They are proposing a modest building addition to accommodate board meetings on the property. The conservation easement on the property allows up to a 50% addition to the square footage, and this would be well under that percentage. Bigalke said one of the big issues that came up with the neighborhood was the impact on traffic. They hired a local consulting firm to do a traffic impact analysis. Based on the square footage of the building, the daily traffic trips generated would be 34-44; however, they don't feel that is an appropriate analysis because they will have only two people on their staff. The consultant calculated the two employees would have about seven daily trips coming in and out of the water resource center, which is less than the daily trips for a typical single family home. Occasionally they will have board and advisory committee meetings. When they have public hearings or meetings they anticipate will have a large attendance, they would take those off site as they currently do. He thought this is a unique opportunity for two units of government to have an educational outreach facility where porous pavers and rainwater gardens can be used as demonstrations to show developers how those work and what the long term maintenance requirements. He reviewed the plan drawing for the property, noting the driveway has been realigned in response to neighborhood concerns. They also supplied a substantial amount of tree screening to help screen car lights. He said there was erroneous information circulating that they planned to build an amphitheatre on the site, but that is not true. Some time ago a conservation easement was established over the property, and the proposed use of the property would be appropriate and acceptable under the easement. Duckstad asked about a memo to Mike Franzen dated September 13 indicating that 145 signatures had been collected in favor of the project. Bigalke said they have been very forthright with the public about what they are proposing to do and how they intend to use the property. They started in October of 2009 when they met with the neighborhood at Ms Kaerwar's home, and they have been in communication with the neighbors within a 600-foot radius of the property while the proposal was developed throughout the spring months. He said they submitted the proposal to the City on July 14 and had a public information meeting on July 19. Since that time they have been working with the neighborhood garnering additional support. The 145 signatures on the petition represent 112 homes within the neighborhood. He said six people in the neighborhood have officially stated opposition to the proposal. Duckstad asked if Mr. Bigalke himself obtained the signatures. Bigalke said they were obtained over a period of time by individuals in the neighborhood who assisted with communicating what is being proposed. They CITY COUNCIL MINUTES September 21,2010 Page 6 provided a four-page executive summary of the proposal and have used both volunteers and NMCWD staff to gather signatures. Duckstad asked if he knew if any of those who signed the petition have changed their mind. Bigalke said they have not received any official notice of removal of support. Duckstad asked if the six people who were opposed live close to the property. Bigalke said there are three properties on the corner of Gerard Drive that have indicated opposition. Duckstad asked if they have any understanding with the City of Eden Prairie that the City would contribute any funding to the project. Bigalke said they are not requesting any financial support from the City of Eden Prairie. They would probably want to work with the Public Safety staff as they do their routine patrols, but there is no additional patrolling or monitoring planned. There would be no contribution from the City for the parking lot, the building addition, or any maintenance. Duckstad asked how much the total cost of the project is. Bigalke said they do not have any hard numbers at this time as they decided not to spend a lot of money on details before the project was approved. Duckstad noted they propose 4.2 acres of the property be designated as a park, and asked if they had talked to Mr. Lotthammer to see if the City has need of a park at this location. Bigalke said it would not be a City-operated park. Duckstad asked what they contemplate the use will be by children. Bigalke said it would be similar to what Ms Kaerwar currently allows. The NMCWD does not plan to develop any park amenities. They would actively manage the natural resources, but it would be essentially a natural resources preserve of open space. Duckstad noted the parking lot will have 25 stalls; however there was only going to be one person occupying the property. He asked what kind of meetings would require the 25 stalls and if a smaller number would work. Bigalke said the 25 stall requirement is based on the number required for a building of up to 5000 square feet. He said they have two full-time employees who will be there on a regular basis. They will occasionally have permit applicants and developers there to meet with the NMCWD staff. They would need more spaces primarily when they have their board meetings or for an outreach event. Duckstad asked if residential owners surrounding this site would be able to see the parking lot. Bigalke said it would be very unlikely because you typically can't see the home from points on Gerard Drive. He said they will provide additional screening if that is necessary. Duckstad noted the existing home is about 3800 square feet which is fairly large and asked if that wouldn't be large enough. Bigalke said they propose to add a conference room that will be about 25x30 feet to accommodate their board meetings. There will be another addition of about ten feet to provide more spacious offices. Duckstad asked if NMCWD plans to relocate its headquarters from the present site. Bigalke said they do. Young opened the public hearing, noting there would be a time limit of three minutes. CITY COUNCIL MINUTES September 21,2010 Page 7 Barry Steerup, 7019 Donlea Lane, said he was originally in favor of this project as it was intended to maintain the nature preserve of the area. He still believes that is the case and he has heard nothing from Mr. Bigalke tonight to say they would clear the space. He said his main concern is to maintain the quiet enjoyment of his own home, and he thought this plan would accomplish that. Jenifer Prince, 13190 Beehive Court, said she was one of those who collected signatures, and the only negative responses she got from people included opposition because they heard they were going to put a tall office tower in the space, build an amphitheatre, or bring massive numbers of school buses into the facility. Except for those erroneous ideas most of the people just wanted the information and were excited to have this facility. Terry Langland, Gordon Drive, said he has enjoyed Ms Kaerwar's intent to keep the property as it is,but he was not sure what the impact of the district office would be on the neighborhood. He said his first choice is not to have an office in the neighborhood, but the proposed plan seems to eliminate the possibility of a development with greater levels of traffic. Unless the changes to the comprehensive guide plan would impact Eden Prairie in general, he would have to be in bias of the proposal as presented. Keith Kapitan, 12838 Gerard Drive, said he is concerned that this decision will mean so much to Eden Prairie 20-25 years down the road as it provides a means to learn how to conserve water and other green concepts. Stacey Bozanich, 17855 Liv Lane, was concerned about the extensive remodeling required for the home and questioned whether there are not enough organizations already doing school field trips. She said the tendency of government is to grow and in 2008 two members of the Council ran 8 on the promises of less government and lower taxes, so it seems like there should be at least two votes against this from those members. She said this is not a time to be expanding government. Jerry Johnson, 15801 North Hillcrest Court, said NMCWD is a public entity and the resources they need to develop this property will come from the taxpayers. He thought the City is opening the door for the possibility of more taxes being needed to support this project and whatever else the group may decide to do in the future. He urged the Council to vote no on this request. He thought the NMCWD should look into water quality in the City if they are looking for a project. Jan Mosman, 15117 Scenic Heights Road, said we have a tradition in Eden Prairie where we have been given money, land and buildings for various public places. She said the property will stay safer for everyone involved if a building is secured and maintained and there is regular use of the building. Pete Rasmussen, 13100 Roberts Drive, said there seems to be a lot of activity on cost issues on this. He said he has been at every meeting and has been very impressed with everything that went on about the planning and zoning for this. He thought this is going to be a great project. He thought the comment about looking CITY COUNCIL MINUTES September 21,2010 Page 8 forward 25 years to see what clean water is all about was a wonderful idea. The NMCWD has an existing budget, it does projects today, and it will continue to do projects. Jeff Strate, 15021 Summerhill Drive, said he met Ms Kaerwar as a Minnesota Lane Trust board member and was one of the people who helped her learn what a conservation easement was. He said her goals for her property are totally in line with the rest of Eden Prairie. He said very seldom are easements dissolved by the owner and there are huge penalties to do that, so it is unlikely the NMCWD would ever subdivide this. He was very concerned about the perception that the project will increase traffic. He thought the NMCWD has provided accurate information about the use of this property, and he recommended the Council approve both the guide plan change and the zoning change. Beverly Aho, 12742 Gordon Drive, said she has lived in Eden Prairie for more than 19 years, and she commended Ms Kaerwar on her generous offer to donate the property. She said she is speaking against the zoning change. The comprehensive guide plan and zoning ordinances exist for our good. We should not perform spot zoning and change property into a public use. If a general contractor were to ask for this, most people would not support it. In addition people she has spoken with who support the project seem to have the impression this property could be developed into a residential neighborhood. However, the easement protects the property in perpetuity and is binding on the current and future owners of the property. Bill Satterness, 8597 Red Oak Drive, asked for clarification of the position of the City staff and the Planning and Zoning Commission on this. Neal said that would be part of the City Council discussion and was not sure it should be part of the public hearing. Young said he will make sure that is addressed. Ember Kapitan, 12838 Gerard Drive, said she is one of the ones that went around the neighborhood with the petition. She said there were some fence sitters because they did not know a lot about it but the majority of the people were for the proposal. She did not think we got to be the number one city to live in by not being forward thinkers. Ms Kaerwar is gifting this so NMCWD does not have to pay for it. She felt this is not like a commercial building and will be a good thing for the neighborhood. Barbara Kaerwar, 12800 Gerard Drive, said her property is a wonderful place for passive recreation, and she has tried to make it as public as possible. It is hilly and rocky with thin soil so it will be a good place for demonstrations of erosion control. She appealed to the Council to approve the offer. Tom Casey, representing Ms Kaerwar, said this is a selfless and generous act by Ms Kaerwar to give the land to the NMCWD. He said Ms Kaerwar has no other option and will work with the Minnesota Land Trust to remove the easement I the project is not approved tonight. He didn't think the argument of spot zoning was applicable in this case. He asked that the Council approve the project and move forward. CITY COUNCIL MINUTES September 21,2010 Page 9 MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion carried 4-0-1,with Aho abstaining. Duckstad said he shares the concerns of a couple of the speakers about the expansion of government, and he was also against unnecessary government spending. As a Council Member he has an obligation to look at the agenda item and follow the law. The agenda item is whether or not there is a basis on the merits to change the classification of our guide plan. He said the purpose of the zoning code is to protect the people in the areas where they live to make sure they are not disturbed and residential values are protected. He said all the neighbors have expressed their opinion that the proponent wants to sell her property to the NMCWD in a way that won't interfere with their right to live in the neighborhood. Many of them feel this use of property would not only allow them to live in the neighborhood but would permit their kids to use the area as a park. There seems to be a great deal of evidence to support the guide plan change. He said the Planning Commission looked at this and recommended the guide plan change by a vote of 5- 0. There is also a unanimous recommendation by the Conservation Commission to adopt the guide plan change. Young asked if staff came to a recommendation on this. Jeremiah said staff recommended two acceptable alternatives. One of the alternatives would be denial, based on the inconsistency with the current comprehensive guide plan and zoning, and the other would be for approval with the caveat that we place a restricted covenant on the property to limit use of this property as to the number of employees and number of meetings. She said staff does not find that public use in general is compatible on this property; however, staff believes the restrictions can be mitigated with the restrictive covenant. Young asked if the NMCWD agreed to the restrictive covenants. Jeremiah said they are aware of the Planning Commission's conditions of approval. Young asked if the restrictive covenant would be captured by the proposed motions before the Council. Jeremiah said it would. Nelson thanked all the people that came tonight to show interest in this project. It is beautiful property, and it is wonderful to have it open and available to the community. She thought it is valuable to have a guide plan change to this park-like situation to keep it that way. She thought we should look at what the Planning and Conservation Commissions had to say when they voted unanimous approval of this. Case said our concern this evening as a City Council is whether this is an appropriate land use, and he believes it is. He said he was frustrated that staff has not let the Council in on their concerns until tonight; nonetheless, he could find no reason not to vote for this. This use is far superior to any other use, and it will be of tremendous value to the greater community. We also get the advantage of having NMCWD headquarters within our borders. He said he could also support it without attaching the conditions Ms Jeremiah spoke about. Young asked which conditions he was referring to. Case said some of the conditions of the agreement that we need CITY COUNCIL MINUTES September 21,2010 Page 10 to work out with the NMCWD. Young asked if the proposed motion captures those conditions. Jeremiah said it does, but we just don't have the details of the agreement worked out. She said staff will come back with the details at final reading. Young said he wanted staff to briefly talk about what this opens the door to in this or other neighborhoods of the City. A change to the guide plan can open up the door, and it may not be favorable to other parts of the City. Neal asked if his concern was what other types of issues would fit into that zoning category. Young said that was correct and also if there are other parts of the community where the changed zoning would be applicable. Jeremiah said with the restrictive covenant nothing would be opened up on this property other than the specifics of the application. She said we are opening up the possibility of small government offices in other areas of the City that have public zoning. Young asked how many other residential neighborhoods might be impacted by the change. Mike Franzen, City Planner, said about 2000 acres in the City are zoned public right now and potentially could be impacted by the zoning code. Approximately 1/3 of our City is parks and open space, and we would have many residential lots adjacent to the open space. Young asked what our ability to limit the use would be. Franzen said if they came in with a similar request it would be difficult to say no. Duckstad asked if Mr. Franzen saw a problem when there are similar applications after the guide plan change is approved. Franzen said one of the advantages of having government offices expand where they are currently permitted is that they are able to expand by getting a building permit. There is a potential problem if they want to expand and they are in a residential neighborhood. Staff made the recommendation for a deed restriction because we don't want to have the number of employees increased to 25 or 30. Duckstad asked if he is proposing we change the guide plan so it has sufficient protection. Franzen said in most cases where we have office uses in a residential area they are in the backyards of neighborhoods or their traffic doesn't use the same streets. Young said he was inclined to grant this request but wanted to get a better understanding of the issue of governmental offices in other parts of the City. He asked about the owners of the other public land and the total acreage of governmental offices in a public zone. Franzen said approximately 400 acres is owned by MAC, and most of the other publicly-zoned property is owned by places of worship, the High School and Forest Hills Elementary. MOTION: Case moved, seconded by Nelson, to adopt Resolution 2010-67 for Comprehensive Guide Plan change from Low Density Residential to Parks Open Space on 4.24 acres and from Low Density Residential to Public/Quasi Public on 1.1 acres; to adopt Resolution 2010-68 for Planned Unit Development concept review on 5.34 acres, subject to approval of the required Comprehensive Guide Plan amendment; to approve 1st Reading of the Ordinance for Planned Unit Development district review with waivers, and Zoning District change from R1-22 CITY COUNCIL MINUTES September 21,2010 Page 11 to Public on 5.34 acres, subject to approval of the required Comprehensive Guide Plan amendment; to approve 1st Reading of the Ordinance for code amendment to add governmental offices as a permitted use in the Public Zoning District, subject to approval of the required Comprehensive Guide Plan amendment; to adopt Resolution No. 2010-69 for preliminary plat on 5.34 acres into 1 lot, subject to approval of the required Comprehensive Guide Plan amendment; and to direct Staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions, subject to approval of the required Comprehensive Guide Plan amendment. Motion carried 4-0-1,with Aho abstaining. Mayor Young recessed the meeting at 9:00 PM and called the meeting back to order at 9:05 PM. C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.03 SUBDIVISION 3H RELATING TO SPECIAL REQUIREMENTS FOR OFF STREET PARKING AND OFF STREET LOADING FACILITIES Neal said official notice of this public hearing was published in the September 9, 2010,Eden Prairie News. The current code requires that every off-street parking area shall be (1) surfaced with an asphaltic or Portland cement binder, (2) graded so as to dispose of all area surface water, and(3)marked so as to provide for orderly and safe use of the area. The proposed code replaces the current code in its entirety as follows: "Parking areas, loading areas, and driveways shall be surfaced with bituminous, concrete, 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." Neal said in 2009 the Planning Commission directed staff to evaluate additional permeable paving material options for inclusion in a future amendment to the code. The Conservation Commission also worked on the code amendment evaluating surrounding city codes and practices. On August 2, 2010 the Conservation Commission voted 5-0 to change the draft code amendment to include the words "to dispose of or infiltrate all area surface water." The Planning Commission voted 5-0 to recommend approval of the code amendment at the August 23, 2010 meeting. He said this change would allow for alternatives to the standard asphalt or concrete driveway. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to approve first reading of an ordinance amending City Code Section 11.03 Subdivision 3H relating to special requirements for off street parking and off street loading facilities. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Duckstad, to approve the payment of claims as CITY COUNCIL MINUTES September 21,2010 Page 12 submitted. Motion was approved on a roll call vote, with Aho, Case, Duckstad, Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION. 2.05 RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS Neal said this ordinance amendment deletes the meeting pay provision set forth in Section 2.05, Subd 3 A and B. At the workshop on September 7, the Council discussed an amendment of Section 2.05 of the City Code that would remove the provision for compensation for attending special meetings of the Council and other meetings involving city business. This ordinance amendment deletes the meeting pay provision. MOTION: Nelson moved, seconded by Aho, to approve first reading of the ordinance amending Section 2.05 of the City Code relating to salaries of Mayor and Council Members. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Recruiters for City Manager Position—Council Member Duckstad Duckstad said the City Manager supplied us with the names of four recruiters and their resumes. He said all are qualified and he would be prepared to select one of them based on the thorough proposals they submitted. Young said we will discuss that in the next agenda item. B. REPORT OF CITY MANAGER 1. City Manager Search Process Neal said there was a discussion at the last meeting about how to proceed on the executive search for a City Manager. The Council asked City staff to prepare an RFP to go out to qualified vendors. There are four vendors that do this work in Minnesota, and the RFP was distributed to those four. All four vendors responded with a proposal. He said there is a tentative workshop scheduled for October 5 that could be rescheduled to later this year or next year if the Council would like to have an opportunity to interview the vendors. He thought there should be some additional discussion on the interim City Manager responsibilities and how the Council might wish to proceed. CITY COUNCIL MINUTES September 21,2010 Page 13 Nelson said she would like to have some interview time. There was a very large difference in prices between the groups, and there seemed to be some differences in what they are proposing. She also has a few more questions about how they plan to do their search. She noted she would like to start a workshop at 5:00 PM to allow enough time to interview the vendors. Aho said he would like to do an interview of the four respondents as soon as possible. He thought it might mean setting up a special meeting because it may be difficult to do the interviews in the limited time of a workshop. Case agreed with the fact we need to have interview time outside of a regular meeting structure. He noted the Council has never met together to discuss what qualities we want in a City Manager. He would like to have some time to spend with any firm and would support setting a special meeting. He said we haven't really discussed how we are going to cover with an interim manager in the short term. He thought it could be someone on staff who would step in and that is more of a pressing need than starting the executive search. Duckstad agreed that a special meeting is needed, and it should be done right away. Young said the only item we need to firmly establish is whether we need a special meeting or we can use the workshop time. Aho said we have to follow the schedule of notice but should do it as quickly as we can all convene. Rosow said it requires three days notice. Neal said staff could start the process tomorrow. Nelson urged everyone to look carefully and make as many dates available as possible. Case noted we would also have to get the four firms on board for the meeting date. Neal said our first concern will be to get all Council Members together, and then we will get notice to the vendors. 2. Potential Consolidation of 911 Systems in Hennepin County Neal said he distributed a high level executive summary of an integration coordination review that examines the potential to integrate or consolidate all the 911 systems in Hennepin County. He said there are eight cities that continue to maintain their own 911 systems while everyone else in the county is dispatched by Hennepin County. Residents of those cities rely on the county to provide their Public Safety Answering Point (PSAP). He said the spreadsheet in the summary shows how the tax burden is handled for PSAP services by municipality. He noted $425,478 in property tax goes to Hennepin County from Eden Prairie to support the PSAP for the county, according to the method they used to determine cost sharing. It costs us $875,902 to operate our local 911 system. Our shared cost for the consolidated system would be more than what we currently pay for our own system and our share of Hennepin County's system. He said we are not CITY COUNCIL MINUTES September 21,2010 Page 14 walking away from the table, but have told them we are not in favor of paying more for less service. Young asked if there currently is a separate levy for the PSAP. Neal said it is not a separate levy, but this is the portion of the levy they have broken out internally. Young asked if we know how they calculated the figures. Neal said we don't. Young noted he read that Edina picked up the 911 dispatch for another city. Neal said they made an agreement with Golden Valley. Young asked if there would be an opportunity for us to pick up service for other cities. Neal said there might be an opportunity, and there is some discussion going on with cities that maintain their own PSAP about how we can pay less money for a county system we don't use. He said one of the issues pushing the study is the fact that the county is involved in examining its own needs for a new 911 dispatch center for the Sheriff's office. Their current facility is sub-par, and they have some needs to upgrade the system. They want to know how big that system should be. He said we are looking at that and also examining ways that the existing PSAPs could be used in an overall county system in a way that might decrease the need for a new large county facility. Duckstad asked if there is any possibility they might reconsider and retreat from these figures. Neal said it didn't seem like it the day they presented the information,but there are many different ways to spread the cost of a consolidated PSAP. This way doesn't offer any incentive for us to consolidate. 3. City-Wide Open House Neal said we will have our annual City-wide Open House on Saturday, October 9. There will be a table outside the Council Chamber that will be available for Council Members to sit at and answer questions. The Police, Fire, Public Works and Utilities departments will be open and will have their own displays. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES September 21,2010 Page 15 XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 9:30 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 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. Temporary Liquor Organization: Church of Pax Christi Event: Leadership Wine & Cheese Event Date: October 29, 2010 Place: Social Hall, Pax Christi 12100 Pioneer Trail New Liquor License Licensee name: Select Hotels Group, LLC DBA: Hyatt Place - 1 - CITY COUNCIL AGENDA DATE: October 5, 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. • 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 Attachments 1. Ordinance for pavement materials 2. Resolution 3. Summary Ordinance 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 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: 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 must be surfaced with bituminous, concrete, 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." 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 must be surfaced with bituminous, concrete, 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." 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 must be surfaced with bituminous, concrete, 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." 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 5th day of October 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 5th day of October, 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 October 5, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk PAVEMENT MATERIALS ORDINANCE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -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: October 5, 2010 SECTION: Consent Calendar ITEM DESCRIPTION: Second Reading DEPARTMENT/DIVISION: of Ordinance Amending Section. 2.05 of ITEM NO.: VIII.C. City Manager the City Code Relating to Salaries of Mayor and Council Members Requested Action Move to: Second reading of the Ordinance Amending Section 2.05 of the City Code relating to Salaries of Mayor and Council Members. Synopsis The first reading of the Ordinance was approved at the September 21,2010, City Council meeting. This Ordinance Amendments deletes the meeting pay provision set forth in Section 2.05, Subd 3 A and B. At the workshop on September 7,the Council discussed an amendment of Section 2.05 of the City Code that would remove the provision for compensation for attending special meetings of the Council and other meetings involving city business. This Ordinance Amendments deletes the meeting pay provision. Attachment Attachment—Ordinance Amendment Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. - 2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.05 Subd. 3 A and B are hereby deleted in their entirety. Section 2. City Code Section 2.05 Subd. 3 C and D are re-lettered as Subd. 3 A and B respectively. Section 3. City Code Section 2.05 Subd. 4 is hereby amended by deleting the word "Subdivision" and replacing it with the word"Section". Section 4. City Code Chapter 1 entitled General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation and Section 2.99 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 day of October, 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 5th day of October, 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 October 5, 2010. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.05 RELATING TO SALARIES OF THE MAYOR AND COUNCIL MEMBERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 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 2.05 by deleting the special meeting pay provision for Mayor and Council Members. 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 October 5, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Rod Rue Approve Professional Services Public Works/Engineering Agreement with Erickson Engineering for 2010/2011 Bridge Inspections Requested Action Move to: Approve Professional Services Agreement with Erickson Engineering for 2010/2011 Bridge Inspection Services in the amount of$33,500. Synopsis This agreement provides bridge inspection services for 21 bridges currently on MnDOT's inventory, as well as initial inspections on seven new bridges that currently are not in MnDOT's inventory. Any bridge or structure within public right-of-way with a span of at least ten feet is required to be inspected annually or bi-annually. In addition to the required bridge inspections, the agreement provides for an abbreviated inspection and documentation on 29 other bridges or structures that are not located within public right-of-way. Most of these bridges or structures are located within city parks or public property. These inspections will provide documentation of any damaged or deteriorated components and will recommend any necessary remedial action. Attachments • Professional Services Agreement • Exhibit A Rev . 8 - 07 -2009 Standard Agreement for Professional Services This Agreement is made on the 2.4 +1\ day of 5e0eMber 20 10 , between the City of Eden Prairie , Minnesota ( hereinafter " City") , whose business address is 8080 Mitchell Road , Eden Prairie , MN 55344 , and Ertc.KScCt Enliviee,r; n3 , a Minnesota Com. Paw? ( hereinafter " Consultant") whose business address is 133o _lames Ave. , '5 . / O/oortintiam MM 55431 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 bndr iXspacklov►5 caestribed 1K hereinafter referred to as the "Work" . E.xln,i 1:6 1 A The City and Consultant agree as follows : 1 . Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A " ( see a4ached EYh ; bi } 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 Sep+ewber Zola through Lzccrv, ber Zoll 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 $ 33 , 500. 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 . 1 Rev . 8- 07-2009 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 : 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 Al 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 govt Do g, ICa " and Glary Va \len, 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 Rev . 8- 07-2009 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 n otice 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 u ndisputed 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 e mployees and applicants for employment , notices setting forth the provision of this non - discrimination clause and stating that all qualified applicants will receive consideration for e mployment . 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 3 Rev . 8- 07- 2009 work to incorporate such requirements in all subcontracts for program work . The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act , Minnesota Statutes 363 . 01 , et . seq . , Title VI of the Civil Rights Act of 1964 , and the Americans with Disabilities Act of 1990 . 13 . 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 , to the extent attributable to a negligent or otherwise wrongful 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 . Consultant further agrees to indemnity the City for defense costs incurred in defending any claims , unless the City is determined to be at fault . 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 4 Rev . 8- 07-2009 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 this Agreement and shall provide that the Consultants 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 General Liability $ 1 , 000 , 000 property damage and bodily injury 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 each accident ( shall include coverage for all owned , hired and non - owed vehicles . Umbrella or Excess Liability $ 1 , 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 coverage . Consultant agrees to maintain this coverage for a minimum of two (2 ) years following completion of its work . Said coverage shall apply to bodily injury and property damage arising out of the products- completed operations hazard . 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 07 04 or such other endorsement form as is approved by the City . g . If the Work to be performed is on an attached community , there shall be no exclusion for attached or condominium projects . 5 Rev . 8- 07-2009 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 . i . 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 . Said policy shall provide an aggregate limit of $2 , 000 , 000 . Said policy shall not name the City as an insured . Consultant' s aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement 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 policies , except the Professional Liability Insurance policy , shall be written o n an " occurrence" form ( " claims made" and " modified occurrence " forms are n ot acceptable) ; b . All policies , 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 n ot be canceled or non - renewed , nor shall coverage limits be reduced by e ndorsement , without thirty (30 ) days prior written notice to the City . A copy of the Consultant ' s Certificate of Insurance which evidences the compliance with this Paragraph 20 , must be filed with City prior to the start of Consultant' s Work . Upon request a copy of the Consultant' s insurance declaration page , Rider and/or Endorsement , as applicable shall be provided . Such documents 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 Certificate of Insurance , declaration page , Rider, Endorsement or certificates or other evidence of insurance , or to advise Consultant of any deficiencies in such documents and receipt 6 Rev . 8- 07- 2009 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 ( Le . , 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 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 7 Rev . 8- 07- 2009 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 Fri. i' ,� vai ` vi r By " f = /tied Its : V I te Fre- 6 g evt 8 EXHIBIT A ENGINEERING AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND ERICKSON ENGINEERING COMPANY , LLC ERICKSON ENGINEERING COMPANY , LLC , hereinafter called the Consultant , agrees to provide engineering services to the City of Eden Prairie , hereinafter called the Client , for the inspection of the following bridges : 27643 , 27663 , 27A03 , 27J20 , 94166 , 94189 , 94190 , 94191 , 94192 , 94193 , 94194 , 94195 , 94196 , 97258 , 97380 , L8072 , L8073 , L9233 , R0032 , R0143 , R0144 . The Consultant also agrees to perform inspections on 36 structures located throughout the City of Eden Prairie that are not currently listed on the Client' s or Mn/DOT' s inventory . SERVICES TO BE PERFORMED 1 . 0 BRIDGE SAFETY INSPECTIONS 1 . 1 The Consultant shall conduct a safety inspection for each of the 21 bridges listed above that are currently included on the Client' s and Mn/DOT' s inventory . The inspections will be performed in accordance with National Bridge Inspection Standards ( NBIS ) regulations . 1 . 2 For the structures that are not included on the Client' s or Mn/DOT' s inventory ( 36 structures ) , the Consultant shall perform an initial field investigation of each structure to determine the condition state of each bridge . Inspections will be performed as follows : a) Bridges located within public right-of-way will be inspected consistent with NBIS regulations . The Consultant shall enter the results of the initial field investigation into the PONTIS program and submit completed bridge inspection reports to the Client and Mn/DOT . It is anticipated that 7 bridges will be entered into the PONTIS program . b) Bridges not located within public right-of-way will be inspected and the Consultant shall document any damaged or deteriorated sections . The effect of the deteriorated sections will be evaluated and remedial action recommended to the Client . The results of each bridge inspection and necessary remedial action will be summarized in a letter and submitted to the Client . It is anticipated that 29 bridges will require the abbreviated inspection . City of Eden Prairie 1 Bridge Inspections ENGINEERING SERVICES CONTRACT NUMBER 10071 COMPENSATION COST PLUS Compensation in full for the work described in paragraphs listed as " Cost P lus" will be on a time and materials basis , which includes the Consultant' s profit . The Time and Materials Schedule 1A is attached to and a part of this agreement . P ayment for the work listed in this agreement will be as follows : Par(s) : 1 . 1 Cost Plus , Fee Not-to- Exceed $ 8 , 500 . 00 Par(s) : 1 . 2 a) Cost Plus , Fee Not-to- Exceed $ 1 , 500 . 00 per bridge (Total Fee = $ 1 , 500 . 00 x 7 bridges = $ 10 , 500 . 00 ) Par(s) : 1 . 2 b) Cost Plus , Fee Not-to- Exceed $ 500 . 00 per bridge (Total Fee = $ 500 . 00 x 29 bridges = $ 14 , 500 . 00 ) Progressive payments for the work described as " Cost Plus" may be requested as the work is completed . The progressive payments will be due upon presentation of the Consultant' s invoice . If this agreement is canceled by the Client , the Consultant may request payment for all work performed up to the cancellation date . Payment for fully completed work will be as outlined previously . Partially completed work will be invoiced on a Cost Plus Basis . The total amount for the partially completed work will not exceed the amount which would have been due had the work been fully completed . All payments requested are due when invoiced . If the Client requests that the Consultant perform work other than listed in this agreement , or if any additional services are required due to revisions in Minnesota Department of Transportation , Federal Highway Administration , American Association of State Highway and Transportation Officials ' , or Client standards and specifications , then the Consultant may request reimbursement for such work . Compensation to the Consultant will be on a time and materials basis (see attached schedule 1A) unless otherwise agreed to in writing by both the Consultant and the Client . The reimbursement requested will be due upon presentation of the Consultant' s invoice . S CHEDULE OF SERVICES The schedule of services of this agreement are set forth in the attached schedule 1 B . City of Eden Prairie 2 Bridge Inspections ENGINEERING SERVICES CONTRACT NUMBER 10071 SCHEDULE 1A TITLE RATE/HR Vice President $ 160 . 00 Engineering Manager $ 140 . 00 S enior Project Manager $ 110 . 00 P roject Manager $ 100 . 00 P roject Engineer $ 90 . 00 Design Engineer $ 75 . 00 Drafting Manager $ 100 . 00 Engineering Technician III $ 95 . 00 Engineering Technician II $ 85 . 00 Engineering Technician I $ 75 . 00 Certified Inspector II $ 85 . 00 Certified Inspector I $ 80 . 00 Mileage Rate $ 0 . 50/mile Rates will be adjusted annually to meet changes in the COST OF LIVING INDEX published by the U . S . Government . City of Eden Prairie 3 Bridge Inspections ENGINEERING SERVICES CONTRACT NUMBER 10071 SCHEDULE 1B PARAGRAPH ( S ) COMPLETION DATE 1 . 1 --> 1 . 2 Safety Inspections To be completed as required for the 2010 and 2011 due dates . City of Eden Prairie 4 Bridge Inspections CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 5, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Office of the City Manager/ Resolution Authorizing Issuance and Sale of Finance, Sue Kotchevar General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A Requested Action Move to adopt the resolution that authorizes the issuance and sale of General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A Synopsis The City plans to issue debt for $1,190,000 to finance the improvements at Singletree Lane. The bonds will be paid back from special assessment revenue collected from the developer. The bonds will be sold on November 16th, 2010. Attachments Resolution CERTIFICATION OF MINUTES RELATING TO 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 October 5, 2010, at 7:00 o'clock P. M. at the City Offices, Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF 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 on October_, 2010. City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- _ RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A BE IT RESOLVED by the City Council (the Council) of the City of Eden Prairie, Minnesota(the City), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Permanent Improvement Revolving Fund Bonds, Series 2010A, in the principal amount of$1,190,000 (the Bonds)pursuant to Minnesota Statutes, Chapters 429 and 475, to finance various improvement projects in the City. SECTION 2. PROPOSALS FOR SALE. The Bonds are exempt from the public sale requirements of Chapter 475 pursuant to Minnesota Statutes, Section 475.60, subdivision 2, paragraph(9). Northland Securities, Inc. is hereby authorized to solicit proposals for the Bonds on behalf of the City on a negotiated basis in accordance with the Notice of Sale. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Notice of Sale for the Bonds for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. ADOPTED by the Eden Prairie City Council on October 5, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent October 5, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Community Development Approve Rehabilitation of senior group Janet Jeremiah, Director home sites with Community Development Molly Koivumaki, Housing and Block Grant Funds Human Services Manager Requested Action Move to: Approve the use of up to $75,000 in CDBG funds to rehabilitate three group homes which serve elderly people. Synopsis The three group homes in this initiative are residential care homes for seniors who can no longer live safely on their own, but do not need to live in a nursing home. The homes are designed to accommodate the physical and emotional needs of elderly residents. They promote health and well being and encourage independence is a safe and caring environment. The grant funds for this project will come from the housing rehabilitation funds as approved by the City Council in March 2010. These grants will be structured as those that have been made to the Fraser Residential Services for rehabilitation projects. A scope of work for each project is attached to the individual use of funds agreement. Background Information Becky's Place, is located at 6391 Duck Lake Road. Becky Don has operated the facility for 17 years and is licensed for five residents. LuAnn's Place is located at 6660 W 175th Ave. LuAnn Fehn has operated the facility for 3 years and is licensed for 5 residents. Pioneer Estates is located at 8751 Preserve Blvd. Christine Rowland has operated the facility for 2 years and is licensed for 10 residents. It has been a residential care home since 1988. Attachment Use of Funds Agreement CITY OF EDEN PRAIRIE HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010,by and between Thomas E Don and Rebecca L Don(hereinafter referred to collectively as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the"City"). WHEREAS, Recipient owns and operates the parcel of property and home located thereon legally described on attached Exhibit A and hereinafter referred to collectively or individually as the"Real Property" and; WHEREAS, Recipient, through a business entity known as Becky's Place Inc., a Minnesota corporation having its principal office at 6391 Duck Lake Road, Eden Prairie, Minnesota 55346, owns and operates the Real Property for the purpose of providing services to senior citizens; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with up to Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. Recipient shall use the Grant proceeds solely to perform rehabilitation work(the "Work") on the Real Property. Said Work shall be limited to that which is described on attached Exhibit B. All Work shall be subject to the City's approval. 2. Selection of Contractor. Within thirty (30) days of the execution of this Agreement, Recipient shall present to the City two qualified, proposed contractors and their bids to perform the Work. To be qualified, a proposed contractor must (1) be determined by the City, in its sole discretion, to be capable of performing the Work, (2) be licensed in the State of Minnesota, and (3) submit a bid of not more than $25,000.00 to complete the Work. The City shall select the contractor to perform the Work(the "Contractor"). 3. Determination of Final Grant Amount. The Contractor's bid shall be the final sum of the Grant. Recipient expressly consents to the City entering into a Work Contract with the Contractor. The City shall pay the final sum, not to exceed the amount of the Grant, directly to the Contractor upon completion of the Work satisfactory to the City, to be determined in its sole discretion. The City shall inspect the Work to determine if the Work has been satisfactorily completed and been performed in accordance with the Contract Documents. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; and 4.4. Recipient will direct the Contractor in the Contractor's performance of the Work, provide the Contractor with access to the Real Property requested by the Contractor in order to perform the Work, and will cooperate with the Contractor in the Contractor's performance of the Work. 5. Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 6. Events of Default. If any one or more of the following events (each an"Event of Default") occurs within five (5) years from the date of this Agreement, Recipient shall be in default: 2 6.1. The Real Property, in whole or in part, is sold, transferred, or otherwise conveyed, whether by deed, contract for deed, or otherwise, and whether voluntarily or involuntarily. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.2. The Real Property ceases for any reason to be used by Recipient as a home for senior citizens. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.3. Recipient ceases operations for any reason. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 6.4. Recipient fails to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty(30) days after the City has given Recipient written notice specifying the breach and requesting that it be cured, unless the City agrees in writing to an extension of such time prior to its expiration. 6.5. Any representation or warranty made by Recipient herein proves to be, in any material respect, incorrect or misleading as of the date made. 6.6. Recipient files a petition of voluntary bankruptcy, makes a general assignment for the benefit of creditors, consents to the appointment of one or more receivers of all or any substantial part of Recipient's property, files a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or files a petition to take advantage of any debtor's act. 6.7. A court of competent jurisdiction adjudicates Recipient as bankrupt, enters an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or appoints one or more trustees or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. Repayment; Other Remedies. Upon the occurrence of any Event of Default, the City may take any one or more of the following actions: 7.1. The City may declare the principal and final sum of the Grant, as determined pursuant to Paragraph 2 of this Agreement, to be immediately due and payable Grant, plus interest at the rate of five percent (5%) per annum, starting on the date the Event of Default occurred and compounding monthly. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. Payments under this Paragraph shall be delivered to the office of the City, or at such other place as the City may designate. 7.2. The City may take whatever action at law or in equity may appear necessary or 3 appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.3. City may employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient. Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors,representatives, successors and assigns. 9. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 11. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Becky's Place ATTN: Thomas E. Dorr and Rebecca L. Dorr 6391 Duck Lake Road 4 Eden Prairie, MN 55346 12. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 13. Construction of Agreement. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. Headnotes are merely finding aids and do not limit the terms of the paragraphs they precede. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. CITY OF EDEN PRAIRIE Thomas E Dorr Phil Young, Mayor Rebecca L Don Scott H.Neal, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Thomas E Dorr and Rebecca L Dorr. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. 5 Notary Public CONSENT OF BECKY'S PLACE INC. Becky's Place Inc. hereby consents to the Agreement above. BECKY'S PLACE INC. Dated: By: Rebecca L Don,Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Rebecca L Don, the of Becky's Place Inc., a Minnesota corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Richard F. Rosow, Esq. Joshua A. Dorothy, Esq. Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 (612) 338-0755 P:\Home\1610.569-Becky's Place CDBG Grant\Documents\Becky's Place Grant Agreement-2010 09 29.doc 6 Exhibit A Description of the Real Property Street address: 6391 Duck Lake Road, Eden Prairie, Minnesota 55346 Legal description: Lot 1, Block 1, Stenehjem Addition, Hennepin County, Minnesota Exhibit B Scope of Work 1. Replace roof 2. Replace garage apron CITY OF EDEN PRAIRIE HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010, by and between Jerry M Fehn and LuAnn Fehn (hereinafter referred to collectively as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the"City"). WHEREAS, Recipient owns the parcel of property and home located thereon legally described on attached Exhibit A and hereinafter referred to collectively or individually as the "Real Property" and; WHEREAS, Recipient, through a business entity known as LuAnn's Place, LLC, a Minnesota limited liability company having its principal office at 6660 West 175th Avenue, Eden Prairie, Minnesota 55346, owns and operates the Real Property for the purpose of providing services to senior citizens; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with up to Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. Recipient shall use the Grant proceeds solely to perform rehabilitation work(the "Work") on the Real Property. Said Work shall be limited to that which is described on attached Exhibit B. All Work shall be subject to the City's approval. 2. Selection of Contractor. Within thirty (30) days of the execution of this Agreement, Recipient shall present to the City two qualified, proposed contractors and their bids to perform the Work. To be qualified, a proposed contractor must (1) be determined by the City, in its sole discretion, to be capable of performing the Work, (2) be licensed in the State of Minnesota, and (3) submit a bid of not more than $25,000.00 to complete the Work. The City shall select the contractor to perform the Work(the "Contractor"). 3. Determination of Final Grant Amount. The Contractor's bid shall be the final sum of the Grant. Recipient expressly consents to the City entering into a Work Contract with the Contractor. The City shall pay the final sum, not to exceed the amount of the Grant, directly to the Contractor upon completion of the Work satisfactory to the City, to be determined in its sole discretion. The City shall inspect the Work to determine if the Work has been satisfactorily completed and been performed in accordance with the Contract Documents. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; and 4.4. Recipient will direct the Contractor in the Contractor's performance of the Work, provide the Contractor with access to the Real Property requested by the Contractor in order to perform the Work, and will cooperate with the Contractor in the Contractor's performance of the Work. 5. Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 6. Events of Default. If any one or more of the following events (each an"Event of Default") occurs within five (5) years from the date of this Agreement, Recipient shall be in default: 2 6.1. The Real Property, in whole or in part, is sold, transferred, or otherwise conveyed, whether by deed, contract for deed, or otherwise, and whether voluntarily or involuntarily. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.2. The Real Property ceases for any reason to be used by Recipient as a home for senior citizens. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.3. Recipient ceases operations for any reason. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 6.4. Recipient fails to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty(30) days after the City has given Recipient written notice specifying the breach and requesting that it be cured, unless the City agrees in writing to an extension of such time prior to its expiration. 6.5. Any representation or warranty made by Recipient herein proves to be, in any material respect, incorrect or misleading as of the date made. 6.6. Recipient files a petition of voluntary bankruptcy, makes a general assignment for the benefit of creditors, consents to the appointment of one or more receivers of all or any substantial part of Recipient's property, files a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or files a petition to take advantage of any debtor's act. 6.7. A court of competent jurisdiction adjudicates Recipient as bankrupt, enters an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or appoints one or more trustees or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. Repayment; Other Remedies. Upon the occurrence of any Event of Default, the City may take any one or more of the following actions: 7.1. The City may declare the principal and final sum of the Grant, as determined pursuant to Paragraph 2 of this Agreement, to be immediately due and payable Grant, plus interest at the rate of five percent (5%) per annum, starting on the date the Event of Default occurred and compounding monthly. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. Payments under this Paragraph shall be delivered to the office of the City, or at such other place as the City may designate. 7.2. The City may take whatever action at law or in equity may appear necessary or 3 appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.3. City may employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient. Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors,representatives, successors and assigns. 9. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 11. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Jerry M Fehn and LuAnn Fehn 6660 West 175th Avenue Eden Prairie, MN 55346 4 12. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 13. Construction of Agreement. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. Headnotes are merely finding aids and do not limit the terms of the paragraphs they precede. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. CITY OF EDEN PRAIRIE Jerry M Fehn Phil Young, Mayor LuAnn Fehn Scott H.Neal, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by Jerry M Fehn and LuAnn Fehn. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 5 CONSENT OF LUANN'S PLACE,LLC LuAnn's Place, LLC,hereby consents to the Agreement above. LUANN'S PLACE, LLC Dated: By: LuAnn Fehn, Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by LuAnn Fehn, the of LuAnn's Place, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public This instrument was drafted by: Richard F. Rosow, Esq. Joshua A. Dorothy, Esq. Gregerson,Rosow,Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 (612) 338-0755 P:\Home\1610.570-LuAnn's Place CDBG Grant\Documents\LuAnn's Place Grant Agreement-2010 09 29.doc 6 Exhibit A Description of the Real Property Street address: 6660 West 175th Avenue, Eden Prairie, Minnesota 55346 Legal description: Lot 11, Block 2, Sunset Ridge, Hennepin County, Minnesota Exhibit B Scope of Work 1. Replace roof 2. Replace water heater 3. Replace air conditioner 4. Replace bathroom vanity 5. Add 32" door to main floor bathroom 6. Replace main floor patio door 7. Add baseboard heat to lower level 8. Replace front window 9. Replace window in lower level 10. Replace garage exit ramp C-2 CITY OF EDEN PRAIRIE HOUSING REHABILITATION GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010, by and between Rowland Development Group, LLC, a Minnesota limited liability company having its registered office at 4931 West 35th Street #300, St Louis Park, Minnesota 55416 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "City"). WHEREAS, Recipient owns and operates the parcel of property and home located thereon legally described on attached Exhibit A and hereinafter referred to collectively or individually as the"Real Property" and; WHEREAS, Recipient owns and operates the Real Property for the purpose of providing services to senior citizens; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with up to Twenty-Five Thousand and no/100 dollars ($25,000.00) as a grant (hereinafter referred to as "the Grant") for rehabilitation work on the Real Property as described herein; and WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Use of Grant Proceeds. Recipient shall use the Grant proceeds solely to perform rehabilitation work(the "Work") on the Real Property. Said Work shall be limited to that which is described on attached Exhibit B. All Work shall be subject to the City's approval. 2. Selection of Contractor. Within thirty (30) days of the execution of this Agreement, Recipient shall present to the City two qualified, proposed contractors and their bids to perform the Work. To be qualified, a proposed contractor must (1) be determined by the City, in its sole discretion,to be capable of performing the Work, (2)be licensed in the State of Minnesota, and(3) submit a bid of not more than$25,000.00 to complete the Work. The City shall select the contractor to perform the Work(the"Contractor"). 3. Determination of Final Grant Amount. The Contractor's bid shall be the final sum of the Grant. Recipient expressly consents to the City entering into a Work Contract with the Contractor. The City shall pay the final sum,not to exceed the amount of the Grant, directly to the Contractor upon completion of the Work satisfactory to the City, to be determined in its sole discretion. The City shall inspect the Work to determine if the Work has been satisfactorily completed and been performed in accordance with the Contract Documents. 4. Recipient's Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Recipient as of the date of the Grant, and Recipient has no present intention to rent the Real Property, or to sell, assign, or transfer Recipient's interest in the Real Property to another; 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; 4.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant; and 4.4. Recipient will direct the Contractor in the Contractor's performance of the Work, provide the Contractor with access to the Real Property requested by the Contractor in order to perform the Work, and will cooperate with the Contractor in the Contractor's performance of the Work. 5. Termination. If, after five (5) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient's repayment obligations set forth herein shall terminate. 6. Events of Default. If any one or more of the following events (each an "Event of Default") occurs within five(5)years from the date of this Agreement,Recipient shall be in default: 6.1. The Real Property, in whole or in part, is sold, transferred, or otherwise conveyed, whether by deed, contract for deed, or otherwise, and whether voluntarily or involuntarily. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 2 6.2. The Real Property ceases for any reason to be used by Recipient as a home for senior citizens. Recipient shall, when practicable, give written notice to the City thirty(30) days prior to the occurrence of this Event of Default. 6.3. Recipient ceases operations for any reason. Recipient shall, when practicable, give written notice to the City thirty (30) days prior to the occurrence of this Event of Default. 6.4. Recipient fails to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty(30) days after the City has given Recipient written notice specifying the breach and requesting that it be cured,unless the City agrees in writing to an extension of such time prior to its expiration. 6.5. Any representation or warranty made by Recipient herein proves to be, in any material respect, incorrect or misleading as of the date made. 6.6. Recipient files a petition of voluntary bankruptcy, makes a general assignment for the benefit of creditors, consents to the appointment of one or more receivers of all or any substantial part of Recipient's property, files a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or files a petition to take advantage of any debtor's act. 6.7. A court of competent jurisdiction adjudicates Recipient as bankrupt, enters an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or appoints one or more trustees or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit. 7. Repayment; Other Remedies. Upon the occurrence of any Event of Default, the City may take any one or more of the following actions: 7.1. The City may declare the principal and final sum of the Grant, as determined pursuant to Paragraph 2 of this Agreement, to be immediately due and payable Grant, plus interest at the rate of five percent (5%) per annum, starting on the date the Event of Default occurred and compounding monthly. Recipient hereby confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment. Payments under this Paragraph shall be delivered to the office of the City, or at such other place as the City may designate. 7.2. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant,plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 3 7.3. City may employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient. Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors,representatives, successors and assigns. 9. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 11. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Pioneer Estates/Rowland Development Group, LLC ATTN: Christine Rowland 8751 Preserve Blvd Eden Prairie, MN 55344 12. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes 4 arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 13. Construction of Agreement. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. Headnotes are merely finding aids and do not limit the terms of the paragraphs they precede. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. ROWLAND DEVELOPMENT GROUP, LLC CITY OF EDEN PRAIRIE Christine Rowland, owner Phil Young, Mayor Richard Rowland, owner Scott H.Neal, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Christine Rowland and Richard Rowland, the owners of Rowland Development Group, LLC, a Minnesota limited liability company, on behalf of said company. Notary Public 5 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Richard F. Rosow, Esq. Joshua A. Dorothy, Esq. Gregerson, Rosow,Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337 (612) 338-0755 P:\Home\1610.571-Pioneer Estates CDBG Grant\Documents\Pioneer Estates Grant Agreement-2010 09 28.doc 6 Exhibit A Description of the Real Property Street address: 8751 Preserve Boulevard, Eden Prairie, Minnesota 55344 Legal description: That part of Tract D, Registered Land Survey No. 1437, which lies North of the following described Line A: Beginning at a point on the West line of said Tract D which lies 220.05 feet Southerly of the most Northerly corner of said Tract D as measured along said West line; thence Easterly to a point on the East line of said Tract D which lies 348.19 feet Southerly of the most Northerly corner thereof as measured along said East line and there terminating. Exhibit B Scope of Work 1. Replace all windows 2. Replace roof 3. Add ADA shower to bathroom 4. Replace furnace C-2 CITY COUNCIL AGENDA DATE: October 5, 2010 SECTION: Consent Calendar ITEM DESCRIPTION: ITEM NO.: VIR.G. DEPARTMENT/DIVISION: Authorize Transfer of ICMA-RC 457 City Manager Retirement Account for City Manager Scott Neal to the City of Edina Requested Action Move to: Authorize the Mayor and City Clerk to execute documents to transfer the ICMA-RC 457 retirement account for city manager Scott Neal to the City of Edina. Synopsis The City contributes to an IRS section 457 retirement account for city manager Scott Neal in lieu of making a contribution to the Minnesota Public Employees Retirement Association(PERA) on behalf of Mr. Neal. Mr. Neal has provided the City with notice that he is ending employment with the City of Eden Prairie on October 28, 2010. Mr. Neal has requested that his 457 retirement account, which is managed by the International City/County Management Association Retirement Corporation(ICMA-RC), be transferred to the City of Edina. The adoption of the motion will authorize the Mayor and City Clerk to execute the necessary documents to transfer the account to the City of Edina. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 5, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 201525 - 201951 Wire Transfers 3966 - 3974 City of Eden Prairie Council Check Summary 10/5/2010 Division Amount Division Amount General 58,422 316 WAFTA 414 102 Legal Counsel 36,376 803 Escrow Fund 17,669 110 City Clerk 308 Total Agency Funds 18,083 111 Customer Service 5,498 113 Communications 11,887 114 Benefits&Training 1,331 807 Benefits Fund 558,233 130 Assessing 94 812 Fleet Internal Service 21,008 132 Housing and Community Services 6,380 813 IT Internal Service 55,899 136 Public Safety Communications 3,104 814 Facilities Capital ISF 11,710 151 Park Maintenance 22,772 815 Facilites Operating ISF 36,316 153 Organized Athletics 4,834 816 Facilites City Center ISF 161,519 154 Community Center 5,194 817 Facilites Comm.Center ISF 58,304 156 Youth Programs 3,720 Total Internal Service Funds 902,989 158 Adult Recreation 1,899 159 Recreation Administration 2,823 160 Therapeutic Recreation 126 Report Total 2,306,179 161 Oak Point Pool 100 162 Arts 1,482 163 Outdoor Center 796 164 Park Rental Facilities 108 167 CC-Youth Programs 396 180 Police 11,473 184 Fire 13,229 186 Inspections 85 200 Engineering 769 201 Street Maintenance 24,179 202 Street Lighting 66,434 Total General Funds 283,816 301 CDBG 14,496 303 Cemetary Operation 14,713 308 E-911 25,292 309 DWI Forfeiture 605 Total Special Revenue Funds 55,106 315 Economic Development 3,791 502 Park Development 31,907 503 Utility Improvement 14,077 509 CIP Fund 23,609 512 CIP Trails 61,440 513 CIP Pavement Management 4,290 521 Trails Referendum 227 522 Improvement Projects 2006 96,107 Total Capital Project Funds 235,448 601 Prairie Village Liquor 156,802 602 Den Road Liquor 216,556 603 Prairie View Liquor 133,594 605 Den Road Building 7,229 701 Water Fund 251,455 702 Sewer Fund 19,427 703 Storm Drainage Fund 25,675 Total Enterprise Funds 810,737 City of Eden Prairie Council Check Register 10/5/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201948 245,233 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 3969 184,954 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 3974 118,757 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 3967 118,386 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 201723 105,368 XCEL ENERGY Electric City Hall-CAM Monthly Utilities 201945 102,188 XCEL ENERGY Electric Traffic Signals Monthly Utilities 201808 83,905 HENNEPIN COUNTY TREASURER-TAXP Licenses&Taxes City Hall-Direct Costs 201870 82,783 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 201875 66,104 PARROTT CONTRACTING INC Improvements to Land Park Acquisition&Development 201902 60,551 SM HENTGES&SONS INC Improvement Contracts CIP Trails 201825 48,134 JOHNSON BROTHERS LIQUOR CO Liquor Prairie View Liquor Store 201615 30,741 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 201939 29,231 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 201641 27,984 MINNESOTA DEPT OF HEALTH Miscellaneous Water Testing 201801 27,243 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 201913 26,601 THORPE DISTRIBUTING Beer Prairie View Liquor Store 201834 25,595 LOGIS Network Support IT Operating 201717 25,288 WIRTZ BEVERAGE MINNESOTA Wine Imported Prairie View Liquor Store 201860 25,255 MOTOROLA Other Contracted Services E-911 Program 201859 24,592 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 201818 24,213 JJ TAYLOR DISTRIBUTING MINNESO Liquor Prairie View Liquor Store 201778 23,775 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 201891 23,735 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 201733 23,556 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 201901 22,978 SHI CORP Software Maintenance IT Operating 201631 19,568 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 3971 19,078 ING Deferred Compensation General Fund 201864 18,779 NEW WORLD SYSTEMS Other Assets CIP-Bonds 201940 18,063 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 201773 16,782 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 201696 16,287 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 201884 15,592 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 3970 15,443 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 201591 15,436 GRAYMONT Treatment Chemicals Water Treatment Plant 201672 14,854 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 201751 14,700 BITUMINOUS ROADWAYS INC Other Contracted Services Pleasant Hill Cemetery 201815 14,647 IRRIGATION DOCTOR INC Equipment Repair&Maint Water System Maintenance 201754 14,481 BONNER&BORHART LLP Legal Legal Criminal Prosecution 201571 14,220 DMJ CONSTRUCTION SERVICES INC Other Contracted Services Rehab 201951 13,325 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 201885 12,599 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 201800 12,371 GRAYMONT Treatment Chemicals Water Treatment Plant 201880 11,876 PHILLIPS WINE AND SPIRITS INC Wine Imported Prairie Village Liquor Store 201930 11,152 W W GOETSCH ASSOCIATES INC Equipment Repair&Maint Water Treatment Plant 201789 10,806 FIRECATT LLC Small Tools Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201663 10,745 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 201718 10,004 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 201568 9,905 DAY DISTRIBUTING Beer Prairie View Liquor Store 201611 9,574 JJ TAYLOR DISTRIBUTING MINNESO Liquor Den Road Liquor Store 201756 9,254 BRAUER& ASSOCIATES LTD Other Contracted Services Capital Impr./Maint.Fund 201726 9,015 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 201847 8,091 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 201876 7,839 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 201636 7,801 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 201730 7,718 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 201574 7,685 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 201765 7,412 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 201546 7,158 BIFFS INC Waste Disposal Park Maintenance 201545 6,847 BELLBOY CORPORATION Transportation Den Road Liquor Store 201684 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 201896 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 201710 5,790 VOLK ELECTRIC Improvement Contracts Utility Operations-General 201866 5,747 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 201657 5,643 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 201625 5,225 MACHTEMES CONSTRUCTION INC Improvement Contracts Storm Drainage 201937 5,219 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 201746 5,130 ATOMIC ARCHITECTURAL SHEET MET Other Contracted Services Utility Improvement Fund 201542 4,775 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 201766 4,596 CERIDIAN Ceridian IT Operating 201650 4,546 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 201715 4,443 WINE MERCHANTS INC Transportation Den Road Liquor Store 201587 4,290 GOODPOINTE TECHNOLOGY Design&Engineering CIP Pavement Management 201597 3,924 HAWKINS INC Treatment Chemicals Water Treatment Plant 201869 3,923 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 201750 3,828 BELLBOY CORPORATION Transportation Prairie View Liquor Store 201764 3,818 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 201736 3,675 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 201559 3,666 CENTURYLINK Telephone IT Telephone 201784 3,536 ESS BROTHERS&SONS INC Repair&Maint.Supplies Infiltration/Inflow Study 201532 3,512 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 201706 3,470 VAN PAPER COMPANY Cleaning Supplies City Hall-CAM 201705 3,432 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 201537 3,397 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 201924 3,368 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 201603 3,358 HOHENSTEINS INC Beer Den Road Liquor Store 201640 3,315 MINNESOTA CONWAY Equipment Testing/Cert. Utility Operations-General 201711 3,281 WALL TRENDS INC Contract Svcs-General Bldg Community Center Maintenance 201780 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 201628 3,174 MAROTTA,VIC Instructor Service Winter Skill Development 201905 3,092 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 201932 3,059 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 201843 2,941 MCQUAY INTERNATIONAL Contract Svcs-Electrical Police City Center 201680 2,898 SCHARBER&SONS Equipment Parts Fleet Operating 201872 2,869 NUMARA SOFTWARE INC Software IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201554 2,839 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 201739 2,811 ANCHOR PRINTING COMPANY Printing Sunbonnet Days 201941 2,787 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 201845 2,764 METRO SALES INCORPORATED* Other Rentals Customer Service 201728 2,605 RICHARDSON,JIM Miscellaneous Recreation Administration 201887 2,565 PROFORMA Printing Communications 201767 2,540 CLAREYS INC Safety Supplies Utility Operations-General 201854 2,502 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. City Hall-CAM 201637 2,343 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 201720 2,334 WORK CONNECTION,THE Other Contracted Services Park Maintenance 201807 2,322 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 201644 2,238 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 201855 2,223 MINNESOTA STATE FAIR Deposits Escrow 201564 2,170 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 201618 2,134 KEEPERS Clothing&Uniforms Police 201595 2,074 HANSEN THORP PELLINEN OLSON Improvement Contracts Capital Impr./Maint.Fund 201721 2,055 WORLD CLASS WINES INC Transportation Den Road Liquor Store 201914 1,954 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Fire Station#1 201703 1,908 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 201525 1,890 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 201569 1,882 DECK STORE,THE Building Materials Park Acquisition&Development 201692 1,857 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 201798 1,846 GRAINGER Supplies-HVAC City Hall-CAM 201852 1,839 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 201660 1,811 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Public Works/Parks 201719 1,782 WM MUELLER AND SONS INC Equipment Repair&Maint Water System Maintenance 201867 1,733 NORTHERN AIR CORPORATION Contract Svcs-HVAC Dunn Brothers 201816 1,713 ITRON INC. Maintenance Contracts Water Metering 201785 1,620 EULL'S MANUFACTURING CO INC Repair&Maint.Supplies Infiltration/Inflow Study 201898 1,609 SAFETY SIGNS Other Rentals Street Maintenance 201926 1,608 VERIZON WIRELESS Wireless Subscription IT Operating 201601 1,587 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 201714 1,553 WINE COMPANY,THE Transportation Den Road Liquor Store 201892 1,546 QWEST CLAIMS Equipment Repair&Maint Storm Drainage 201817 1,543 J H LARSON COMPANY Other Contracted Services Street Lighting 201690 1,481 STRIPING SERVICES INC Improvement Contracts Capital Impr./Maint.Fund 201925 1,476 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 201820 1,403 JOHN HENRY FOSTER MINNESOTA IN Building Repair&Maint. Utility Operations-General 201803 1,400 GYM WORKS Equipment Repair&Maint Fitness Center 201796 1,391 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 201573 1,338 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 201557 1,308 CENTERPOINT ENERGY Gas Round Lake 201589 1,256 GRAND PERE WINES INC Wine Domestic Prairie Village Liquor Store 201904 1,250 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 201588 1,224 GRAINGER Repair&Maint-Ice Rink Park Shelters 201667 1,218 PRIMESOURCE BUILDING PRODUCTS Repair&Maint.Supplies Infiltration/Inflow Study 201606 1,211 ICERINK SUPPLY CO Contract Svcs-Ice Rink Ice Arena Maintenance 201673 1,146 QUIRING TRUCKING&EXCAVATING Equipment Repair&Maint Water System Maintenance 201942 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201910 1,085 STREICHERS Operating Supplies Police 201848 1,059 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 201582 1,051 FRONTIER PRECISION INC Equipment Repair&Maint IT Operating 201757 1,022 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 201912 1,001 SURLY BREWING CO Beer Prairie View Liquor Store 201755 974 BOURGET IMPORTS Transportation Prairie View Liquor Store 201638 936 MIDWEST OVERHEAD CRANE Equipment Repair&Maint Water Treatment Plant 201829 927 KUSTOM SIGNALS INC Miscellaneous DWI Forfeiture 201658 925 PERFORMANCE METER INC Repair&Maint.Supplies Water Metering 201577 924 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 201758 850 BUELL CONSULTING INC Deposits Escrow 201572 848 DNR Awards Softball 201804 829 HEALTH ACTIVATION SERVICES PLC Safety Supplies Fire 201699 827 TWIN CITY SEED CO Landscape Materials/Supp Park Acquisition&Development 201709 826 VISTAR CORPORATION Merchandise for Resale Concessions 201708 806 VINOCOPIA Transportation Den Road Liquor Store 201585 784 GE CAPITAL Other Rentals Customer Service 201655 780 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 201687 766 STAPLES ADVANTAGE Office Supplies Police 201851 760 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 201936 741 WINE COMPANY,THE Transportation Prairie Village Liquor Store 201949 740 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 201811 737 HIRSHFIELD'S Repair&Maint.Supplies Utility Operations-General 201947 736 ZOELLNER,MARK Other Contracted Services Softball 201853 726 MINNESOTA PRINT MANAGEMENT LLC Operating Supplies Fleet Operating 201691 721 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 201915 720 TJ CONEVERA'S INC Training Supplies Police 201531 706 AIR LIQUIDE INDUSTRIAL U.S.LP Treatment Chemicals Water Treatment Plant 201608 699 INFRATECH Repair&Maint.Supplies Infiltration/Inflow Study 201689 697 STREICHERS Protective Clothing Police 201903 690 SNEEN,NICOLE D Other Contracted Services Softball 201675 689 RAINBOW TREECARE Other Contracted Services Tree Disease 201634 675 METRO SALES INCORPORATED* Software and Hardware IT Operating 201566 667 DALE GREEN COMPANY,THE Landscape Materials/Supp Park Maintenance 3966 657 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 201676 650 RAY,LEE Other Contracted Services Softball 201553 631 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 201768 625 CORVAL CONSTRUCTORS INC Contract Svcs-HVAC Ice Arena Maintenance 201610 620 JACO,LLC Misc Taxable Den Road Liquor Store 201862 616 MTI DISTRIBUTING INC Equipment Repair&Maint Fleet Operating 201584 614 GARELICK STEEL CO INC Equipment Repair&Maint Street Maintenance 3968 599 CERIDIAN Garnishment Withheld General Fund 201882 595 PRAIRIE EQUIPMENT COMPANY Small Tools Infiltration/Inflow Study 201620 586 LANO EQUIPMENT INC Equipment Parts Fleet Operating 201794 585 GE CAPITAL Other Rentals Customer Service 201590 578 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 201605 576 HOUSTON,CHRISTOPHER W Other Contracted Services Ice Arena 201900 576 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 201837 566 M.AMUNDSON LLP Operating Supplies Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201842 566 MASTER CRAFT LABELS INC Operating Supplies Police 201894 546 RAY,LEE Other Contracted Services Softball 201695 543 THE OASIS GROUP Employee Assistance Organizational Services 201797 540 GOVDELIVERY Software Maintenance IT Operating 201549 520 BOURGET IMPORTS Transportation Prairie View Liquor Store 201669 514 PROP United Way Withheld General Fund 201534 507 AMERITRAK Other Contracted Services Snow&Ice Control 201888 502 PROSOURCE SUPPLY Small Tools Community Center Maintenance 201626 490 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 201802 480 GUNNAR ELECTRIC CO INC Equipment Repair&Maint Traffic Signals 201698 460 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 201693 459 TEMP,DAWN M Other Contracted Services Volleyball 201792 457 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 201772 449 DALE GREEN COMPANY,THE Improvement Contracts CIP Trails 201943 446 WORLD CLASS WINES INC Transportation Den Road Liquor Store 201681 432 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 201744 428 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 201598 425 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water Metering 201652 425 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 201806 416 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 201790 415 FLORIDA MICRO LLC Other Hardware IT Operating 201592 414 GREATAMERICA LEASING CORP. Postage Customer Service 201761 414 CAMPBELL KNUTSON,P.A. Legal WAFTA 201827 407 KELLY GREEN IRRIGATION Improvements to Land Trails Referendum 201633 397 MENARDS Repair&Maint.Supplies Utility Operations-General 201857 395 MN FALL MAINTENANCE EXPO Conference Expense Engineering 201795 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 201868 387 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 201748 385 BEAL,KATIE Travel Expense Communications 201560 383 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 201835 382 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 201907 376 STAPLES ADVANTAGE Office Supplies Customer Service 201593 374 GS DIRECT Operating Supplies Engineering 201586 367 GLEWWE DOORS INC Building Repair&Maint. Utility Operations-General 201812 366 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Dunn Brothers 201648 358 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 201540 355 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 201683 354 SHERWIN WILLIAMS CO Building Repair&Maint. Park Maintenance 201527 350 MATTSON,NELLIE E Parking Permits Community Center Admin 201561 350 CLAUSEN,DAVE Accounts Receivable Community Center Admin 201567 350 DANHAUSER,LINDSEY Tuition Reimbursement/School Organizational Services 201841 347 MASS BAR-MATE CORP Transportation Den Road Liquor Store 201874 344 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance 201781 342 EDEN PRAIRIE WINLECTRIC Supplies-Electrical City Hall-CAM 201659 336 PETERBILT NORTH Equipment Parts Fleet Operating 201908 325 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 201674 319 QWEST Telephone IT Telephone 201918 314 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 201607 313 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201737 310 AMERICAN RED CROSS Licenses,Permits,Fees Oak Point Lessons 201881 310 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 201850 300 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire Station#3 201651 299 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 201550 295 BOYER TRUCKS Equipment Parts Fleet Operating 201575 276 ELIASON,STEVE J Other Contracted Services Softball 201622 274 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 201762 274 CAT&FIDDLE BEVERAGE Transportation Prairie Village Liquor Store 201583 273 G&K SERVICES-MPLS INDUSTRIAL Contract Svcs-General Bldg City Hall-CAM 201701 272 UNITED WAY United Way Withheld General Fund 201831 270 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 201931 266 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 201528 262 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 201734 259 ACTION FLEET INC Equipment Repair&Maint Fleet Operating 201763 254 CDW GOVERNMENT INC. Other Hardware IT Operating 201928 251 VOGEL'S EXOTIC ANIMALS SHOWS Other Contracted Services Sunbonnet Days 201923 244 VALLEY NAT'L GASES-LOC 93 Equipment Parts Fleet Operating 201700 244 ULINE Operating Supplies Fire 201759 240 BUETOW AND ASSOCIATES INC Design&Engineering Park Acquisition&Development 201832 238 LEXISNEXIS Other Contracted Services Police 201643 237 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 201581 232 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 201920 230 UNIVERSITY OF MINNESOTA Conference Expense Storm Drainage 201861 219 MT GLOBAL LLC Transportation Prairie Village Liquor Store 201727 218 PRAIRIE ARCHERS CLUB Miscellaneous Recreation Administration 201927 217 VINOCOPIA Transportation Prairie View Liquor Store 201809 212 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 201623 211 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 201783 207 ELIASON,STEVE J Other Contracted Services Softball 201649 201 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 201836 200 LYNCH,MIKE Instructor Service CC-Camps 201665 200 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 201774 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General Facilities 201562 196 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 201873 196 ONCE UPON A STAR Instructor Service CC-Arts&Drama 201799 195 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 201814 192 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 201909 192 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 201946 191 YALE MECHANICAL INC Building Repair&Maint. Water Wells 201654 189 OVEN HEARTH WHOLESALE BAKERY Merchandise for Resale Concessions 201624 185 MAACO Equipment Repair&Maint Fleet Operating 201805 184 HEALY,STEPHEN Other Contracted Services Softball 201871 178 NUCO2 INC Supplies-Pool Pool Maintenance 201578 177 FAGNANT,SUSAN Instructor Service Outdoor Center 201919 174 UNIFORMS UNLIMITED Clothing&Uniforms Police 201819 173 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 201678 173 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 201813 169 IDEAL SYSTEM SOLUTIONS INC Equipment Repair&Maint IT Operating 201732 164 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201645 161 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance 201899 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 201599 160 HERBERT,MARTHA Instructor Service Outdoor Center 201810 160 HERBERT,MARTHA Instructor Service Outdoor Center 201627 155 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 201844 154 MEADOW GREEN LAWNS INC Other Contracted Services Storm Drainage 201779 150 DONG,YING Program Fee Tennis 201533 144 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 201594 142 GUBA,MATTHEW Accounts Receivable Community Center Admin 201738 140 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 201752 139 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Park Shelters 201828 133 KRAEMERS HARDWARE INC Repair&Maint.Supplies Utility Operations-General 201630 132 MCKENDRY,SHARON Accounts Receivable Community Center Admin 201877 130 PAUTZ,ROGER Instructor Service Spring Skill Development 201788 129 FAGNANT,SUSAN Instructor Service Outdoor Center 201647 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 201883 127 PRAIRIE LAWN AND GARDEN Grounds Maintenance Utility Operations-General 201933 126 WHITE,NICOLE Mileage&Parking Therapeutic Rec Administration 201838 125 MACIA Tuition Reimbursement/School Police 201776 124 DISPLAY SALES Supplies-General Bldg Fire Station#1 201670 123 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 201865 118 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 201547 118 BLOOMINGTON,CITY OF Other Contracted Services Elections 201786 116 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 201753 115 BOLD,PAULINE Instructor Service Outdoor Center 201563 110 CORTS,JOHN AR Utility Water Enterprise Fund 201782 110 EFFERTZ,ELIZABETH Accounts Receivable Community Center Admin 201617 108 KAISER,DAVID S Operating Supplies Park Facilities 201722 104 WYDRA,TEEGAN Mileage&Parking Tree Disease 201833 103 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 3973 98 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 201793 95 G&K SERVICES-MPLS INDUSTRIAL Contract Svcs-General Bldg City Hall-CAM 201760 94 BUSINESS JOURNAL,THE Dues&Subscriptions Assessing 201839 94 MACQUEEN EQUIPMENT INC Equipment Parts Sewer System Maintenance 201934 94 WIGLEY AND ASSOCIATES Software IT Operating 201707 93 VINOANDES Wine Imported Prairie View Liquor Store 201604 92 HOLMES,TOM Other Contracted Services Softball 201840 92 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 201635 92 METROPOLITAN FORD Equipment Parts Fleet Operating 201539 90 BANK BEER CO Beer Prairie Village Liquor Store 201770 89 COX,KIM Mileage&Parking Fire 201565 88 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 201917 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 201616 88 JOHNSON,ARDIE Tuition Reimbursement/School Fitness Classes 201921 88 UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 201702 85 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police 201787 85 FADDEN,TIMOTHY Mileage&Parking Inspections-Administration 201950 85 IAFCI MINNESOTA Tuition Reimbursement/School Police 201745 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201911 80 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 201543 80 BEDFORD,VARLAND&HARRIET Deposits Community Center Admin 201791 78 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 201731 77 AAA LAMBERTS LANDSCAPE PRODUCT Repair&Maint.Supplies Infiltration/Inflow Study 201668 73 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 201639 71 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 201580 70 FIRST DISTRICT DOMESTIC VIOLEN Tuition Reimbursement/School Police 201929 70 VOLUNTEER FIREFIGHTERS BENEFIT Dues&Subscriptions Fire 201735 69 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Prairie View Liquor Store 201747 69 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 201893 62 RADIOSHACK Operating Supplies Police 201530 59 ADAMS PEST CONTROL INC Other Contracted Services Den Road Building 201740 56 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 201694 54 TEMP,JEFFERY L Other Contracted Services Volleyball 201686 51 STANDARD SPRING PARTS Equipment Parts Fleet Operating 201552 50 CAMPION,MICHELE Inspection Fee Housing Inspections 201576 50 EMPLOYER HEALTH SERVICES LLC Employment Support Test Organizational Services 201704 50 USPCA REGION 18 Canine Supplies Police 201849 50 MINNESOTA DEPARTMENT OF HEALTH Miscellaneous Street Maintenance 201922 50 UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 201916 49 TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 201863 48 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police 201570 48 DEM CON LANDFILL LLC Waste Disposal Park Maintenance 3972 48 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 201535 46 ANDREWS,TERRY S Other Contracted Services Softball 201741 46 ANDREWS,TERRY S Other Contracted Services Softball 201897 46 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 201596 40 HANSON,MICHAEL R Deposits Community Center Admin 201600 40 HICKMAN,JON Instructor Service Outdoor Center 201682 40 SHEN,SUSANNA&XIAOTONG Deposits Community Center Admin 201712 40 WERNSING,COURTNEY&TYLER Deposits Community Center Admin 201906 40 SPORTS ILLUSTRATED Dues&Subscriptions Fitness Center 201846 40 METROPOLITAN FORD Equipment Parts Fleet Operating 201688 39 STORY,CINDY Accounts Receivable Community Center Admin 201775 37 DIRECTV Operating Supplies Police 201886 36 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 201529 35 ABLE DELUXE Dues&Subscriptions Senior Center Administration 201629 35 MCFOA Dues&Subscriptions City Clerk 201666 35 PRENTICE,JACALYN Program Fee Outdoor Center 201551 35 BOYER,STACY Tuition Reimbursement/School Police 201646 35 MITCHELL,SANDY Tuition Reimbursement/School Police 201724 35 WYFFELS,BILL Tuition Reimbursement/School Police 201536 32 ARNDT,DALE Small Tools Fleet Operating 201729 32 A TO Z RENTAL CENTER Other Rentals Outdoor Center 201619 31 KRISS PREMIUM PRODUCTS INC Repair&Maint-Ice Rink 3rd Sheet of Ice 201621 29 LHOTKA,TERESA Accounts Receivable Community Center Admin 201830 27 LAURO,ANNA Program Fee Red Hat 201697 25 TORKELSON,MARILYNN Accounts Receivable Community Center Admin 201743 24 ARNDT,DALE Small Tools Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 201935 22 WILLIAMSON,RICK Accounts Receivable Community Center Admin 201858 20 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 201538 20 BALASUBRAMANIAM,ANANTHA Deposits Community Center Admin 201548 20 BONKAT,TIMCHAN Deposits Community Center Admin 201602 20 HJERMSTAD,TERI Deposits Community Center Admin 201609 20 ISACHSEN,AMBER Deposits Community Center Admin 201632 20 MEHTA,KHYATI Deposits Community Center Admin 201653 20 O'REILLY,WILLIAM Deposits Community Center Admin 201679 20 SAINI,SUMITA Deposits Community Center Admin 201685 20 STADEM,PAUL Deposits Community Center Admin 201713 20 WILKINSON,SUSAN Deposits Community Center Admin 201769 19 COSTCO Video&Photo Supplies Fire 201895 16 RDO EQUIPMENT CO Equipment Parts Fleet Operating 201642 15 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Prairie Village Liquor Store 201541 10 BEATY,SUSAN AR Utility Water Enterprise Fund 201826 10 KADLEC,EVELYN Accounts Receivable Community Center Admin 201856 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 201771 8 CUB FOODS EDEN PRAIRIE Operating Supplies Police 201656 6 PAULSEN,KENT&LORLE Cash Over/Short General Fund 201742 6 ANGELL-AIRE Cash Over/Short General Fund 201664 5 PIERRE,JEANETTE Accounts Receivable Community Center Admin 201579 4 FASTENAL COMPANY Supplies-General Bldg Fire Station#2 201677 2 RENICK,BRIANNA M Transportation Prairie View Liquor Store 2,306,179 Grand Total CITY COUNCIL AGENDA DATE: October 5, 2010 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. City Manager Resolution Authorizing Prior Lake to Join the Suburban Transit Association Requested Action Move to: Adopt the resolution authorizing the City of Prior Lake to join the Suburban Transit Association. Synopsis The City has received a request from the Board of South West Transit requesting the City Council's approval of a resolution which will allow the City of Prior Lake to join the Suburban Transit Association. The authorization of the City Council for this action is required by the bylaws of South West Transit and the Suburban Transit Association. I have discussed the matter with the Executive Director of South West Transit. I believe it is in the best interests of all parties for the Council to consent to this request. Attachment Resolution Memorandum from Southwest Transit CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION OF THE CITY OF EDEN PRAIRIE, MINNESOTA APPROVING THE CITY OF PRIOR LAKE AS A MEMBER OF THE SUBURBAN TRANSIT ASSOCIATION WHEREAS, the Parties to the Suburban Transit Association's Joint and Cooperative Agreement are governmental units permitted by Minnesota Statue 471.59 to jointly and cooperatively exercise any power common to each of them; and WHEREAS, the Suburban Transit Association was formed to jointly and cooperatively develop programs on matters or mutual concern and interest; and WHEREAS, Article 4 of the Suburban Transit Association's Joint and Cooperative Agreement states that additional municipalities may become a Party upon approval by a majority of the Parties and upon full payment of the annuals dues; and WHEREAS, the City of Eden Prairie is a Party of the Suburban Transit Association; and WHEREAS, the Prior Lake City Council adopted a resolution authorizing the Mayor and City Council to execute the Suburban Transit Association Joint Powers Agreement, and appointing Councilor Warren Erickson as the City's elected representative; and WHEREAS, the City of Prior Lake's initial dues would be $1,166.75 for the last four months of 2010; and WHEREAS, it is desirable for the City of Prior Lake to become a member of the Suburban Transit Association. NOW THEREFORE, be it hereby resolved by the mayor and City Council of the City of Eden Prairie, Minnesota that the City approves that the City of Prior Lake become a Party of the Suburban Transit Association. ADOPTED by the Eden Prairie City Council on October 5, 2010. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk SouthWest Transit Memorandum TO: Honorable Mayor and City Council Scott Neal , City Manager FROM: Len Simich, CEO, SouthWest Transit RE: Prior Lake, Suburban Transit Association Dues(STA) DATE: September 21,2010 INTRODUCTION: The City of Prior Lake has voted to become a member of the Suburban Transit Association(STA). The STA Bylaws require that a majority of existing members (in the case of SouthWest Transit its member Cities) approve the addition of any new members. In addition,Prior Lake proposes to pay dues pro-rated for the last four months of 2010,and to then pay full annual dues thereafter. The Eden Prairie Council is asked to approve the attached resolution approving Prior Lake becoming a Party to the STA agreement, and paying pro-rated dues for 2010. Should the Council approve the attached resolution, it will be forwarded on to the STA Board of Directors for action. ACTION REQUESTED: Offer and approve a motion approving the attached Resolution approving Prior Lake becoming a Party to the STA agreement,and paying pro-rated dues for 2010. CC/0921 2010/Attach 2 - Transit Association (Memorandum) 1 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director October 5, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Birch Island Woods Parking Lot Review Parks and Recreation Synopsis At the September 19, 2010 open podium, Mr. Jeff Strate approached the City Council and asked that his alternative parking plan be examined in lieu of the plan that was arrived upon during the Birch Island Woods master plan process. Council Member Nelson, along with the concurrence of the Council, asked staff to present an overview of the past process and a current status of the project. Parks and Recreation Director Jay Lotthammer will give a presentation and answer questions that Council Members might have.