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City Council - 12/07/2010
AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 7, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2010 III. ADOPT RESOLUTION CERTIFYING THE 2011 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2011 HRA BUDGET OF $200,000 IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, SEPTEMBER 7, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: City Manager Scott Neal, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL /CALL THE MEETING TO ORDER Chair Young called the meeting to order at 7:01 PM in shared session with the Council meeting. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2009 MOTION: Case moved, seconded by Nelson, to approve the minutes of the HRA meeting held on December 1, 2009 as published. Motion carried 5-0. III. ADOPT RESOLUTION HRA 2010-01 TO APPROVE THE PROPOSED 2011 HRA PROPERTY TAX LEVY TO BE $200,000 AND ACCEPT THE PROPOSED 2011 HRA BUDGET OF $200,000 Neal said Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is approximately$1.6 million. He said we have traditionally levied $200,000 per year for the last six years to pay for economic development and housing programs and staff is proposing that amount again this year. MOTION: Nelson moved, seconded by Case, to adopt Resolution HRA 2010-01 to approve the proposed 2011 property tax levy to be $200,000 and accept the proposed 2011 budget of $200,000. Motion carried 5-0. IV. ADJOURNMENT MOTION: Aho moved, seconded by Duckstad, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the HRA meeting at 7:03 PM. HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DATE: December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III. Sue Kotchevar, Office of the Resolution Approving the 2011 HRA City Manager/Finance Property Tax Levy and Accepting the 2011 HRA Budget Requested Action Move to: • Adopt a resolution certifying the 2011 Property Tax levy to be $200,000 and approving the 2011 Budget of$200,000 as reviewed by the Council. Synopsis On September 7, 2010, the HRA approved the proposed 2011 HRA property tax levy and budget. Also on September 7, 2010, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2011 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2010- A RESOLUTION APPROVING THE HRA 2011 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2011 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2011 budget contingent upon City Council approval. Levy on Tax Capacity $200,000 2. Approves the 2011 proposed budget totaling $200,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 7, 2010. Phil Young, Chair ATTEST: SEAL Jay Lotthammer, Executive Director AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, DECEMBER 7, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. 2011 BUDGET Council Chamber II. OPEN PODIUM III. ADJOURNMENT 201 1 Budget City Council Workshop December 7 , 201 0 •y' „%5- \�1 1•.• t 5 + 5N 5 55,,, TonLc ht ' s Objectives Review council requested scenarios / reductions (ws) Share staff proposal (ws) Prepare council for budget discussion (ws) Conduct public meeting (cm) Receive citizen input (cm) Propose staff recommendation (cm) Council discussion & potential resolution (cm) 1111161E'N' PRAIRIE Recent Financial History 2009 Mid Year Budget Challenge Reduce General Fund expense by $ 500 , 000 Reduce FTE by 12 . 85 employees 2009 Financial Results Revenue Less Expense : $ 159 , 889 Maintain Budget Stabilization Fund , 5 . 5mi1 2010 Financial Results Budgeted Revenue Less Expense : ($ 976 ,084) Expect Revenue Less Expense : Similar to 2009 Maintain Budget Stabilization Fund RP EDEN PRAIRIE Proposed 20T 7 budget (09 / 07 / 10) Levy 2 . 6% Percent Increase in the Levy Tax Impact MSFRT: $47.00 or 4. 36% Budget Deficit Budget Deficit: ($ 1 , 642 , 688) Budget 2 . 8% Percent Increase Employee Wage and Benefits Two Police Officers Fire Duty Crew IIIIEIE'N' ' PRAIRIE Council Requested Scenarios ' „..:..„ �,\,,.,� 1yti`1., 'y�,.Y '- •......t..:,..:,... . ', \5 1 \ ,%\\ + .,„,. ...,„. ' ..i.4i.,!,:f:..,,,:,, ,,.:,k,'....:..•,.,: a•i \ y 1 \\\\�. 5 h 7,T •,\\• ti\1 +S.. „Y I,Y., +ts4 `` \��1,, \L \5, uy4•,: �� �y tit ti'ti §t� Council Members Aho / Duckstad Levy Zero Percent Increase in the Levy Tax Impact MSFRT: $ 19.00 or 1 . 81 % Budget Deficit Budget Deficit: ($ 1 , 343 , 518) Budget - Zero Spending Increase Budget Reductions Proposed List Provided EDEN PRAIRIE Councilmember Nelson Levy Two Percent Increase in the Levy Tax Impact MSFRT: $40.00 or 3 . 7% Budget Deficit Budget Deficit: ($ 1 ,007, 939) Budget Include Duty Crew Budget Reductions Proposed List Provided 11111 EDEN PRAIRIE Councilmember Case Levy 2 . 6% Increase in the Levy Tax Impact MSFRT: $47.00 or 4. 3% Budget Deficit Budget Deficit: ($ 591 , 586) Budget - Zero Spending Increase Budget Reductions Proposed List Provided 6111E1E'N' ' PRAIRIE staff Principles & strategies Give our best professional recommendations to council Recognize political & economic pressures Maintain efficient and effective operations Reduce operating budget Consider tax impact Recognize employees past reductions and contributions Make incremental strides towards equalizing ,; revenue and expenses „-- �� EDEN PRAIRIE Wages Increase Rationale Maintain culture of "getting it done" Recognize employees past reductions and contributions Market comparisons Labor relations impact (short & long term) 11111616' PRAIRIE Wage Data 2009 / 2010 Benchmark City Comparisons : EP Public Works = 3 . 0%, Avg . = 4 . 84% EP Police = 3 . 0%, Avg . = 4 . 81 % Private Sector Comparisons : Projected salary freezes for 2011 has significantly decreased Trusight (formerly Employers Association) 1 . 5 - 2 . 0% for period 7 / 1 / 10-6 / 30 / 1 1 * Hewitt Salary Survey 2010 average was 2 . 3 - 2 . 4%* 1114 II 2011oectedis2 . 6_ 2 . 9%* EDEN *data includes pay freezes PRAIRIE LIVE•WORK•EREAM Staff Proposed ( 12 / 07 / 10) Levy 1 . 74% Increase in the Levy Tax Impact MSFRT: $ 38.00 or 3 . 5% Budget Deficit Budget Deficit: ($ 843 , 518) Budget - Zero Spending Increase Include Wage and Benefit Changes Budget Reductions Proposed List Provided RN EDEN PRAIRIE 2011 Budget Changes General Fun • Budget Tax Lev Deficit 12 / 1 /2009 $ 38, 118, 335 $ 28,836,887 ($ 1 ,861 , 769) 09/07/ 2010 $ 37,945 , 325 $ 28, 750,945 ($ 1 ,642 ,688) 12 /07/ 2010 $ 36,894, 313 $ 28,499,013 ($ 843 , 518) Difference ($ 1 ,224,022) ($ 337,874) $ 1 ,01 8,251 Total Budget Budget Tax Levy Deficit 12 / 1 /2009 $41 ,638,953 $ 31 , 1 50,860 ($ 1 ,861 , 769) 09/07/ 2010 $41 ,465 ,943 $ 31 , 161 ,605 ($ 1 ,642 ,688) 12 /07/ 2010 $40,414,931 $ 30,803 ,442 ($ 843 , 518) Difference ($ 1 ,224,022) ($ 347,418) $ 1 ,018,251 - ', , 1 0 0 IL ED PRAI RI E LIVE•WOAK•OAEA Budget and Tax Levy Total 2010 Budge ' $ 40,414,93 Total 2011 Budget 12 /07/ 2010 $40,414,931 0% Change Total 2010 Tax Levy $ 30 312 ,986 F Total 201 1 Tax Levy 1 2 /07/ 2010 $ 30,803 ,442 1 .6% Increase ��� , , 1j'r;.vf EDEN PRAIRIE LIVE•WOAK•OAEAM Passible Reductions EDEN PRAIRIE aye Questions ? EDEN PRAIRIE 2011 BUDGET Public Meeting December 7th , 201 Purpose of Tonight ' s public Meetina • Solicit public input on the City 's proposed tax levy and budget for next year • Requirement of State Law • Held after property owners receive their proposed property tax statements for 2011 er Publi • Hennepin County - November 30th • Eden Prairie Schools - December 7th • Metropolitan Council - December 8th • State of Minnesota - None ( State 's general property tax affects seasonal / recreational and commercial / industrial properties ) City Tax Impact TNT Notice 9/07/2010 2009/2010 2010/2011 Difference % Change Residential $ 1,058 $ 1, 103 $45 4. 3% ($334,500) Apartment ($5M) $20, 115 $20,746 $631 3 . 1% Commercial ($2M) $7,532 $7,607 $75 1 .0% 12/7/2010 2009/2010 2010/2011 Difference % Change Residential $ 1,058 $ 1,094 $36 3 . 5% ($334,500) Apartment ($5M) $20, 115 $20,573 $458 2. 3% Commercial ($2M) $7,532 $7,544 $ 12 . 16%_ I 1 • "IF7 ° fr# I 1 Total TNT Notice 9/07/2010 2009/2010 2010/2011 Difference % Change Residential $4,342 $4,450 $ 108 2. 5% ($334,500) Apartment ($5M) $81,097 $82,235 $ 1, 138 1 .4% Commercial ($2M) $70,025 $71,214 $ 1, 189 1 . 7% 12/7/2010 2009/2010 2010/2011 Difference % Change Residential $4,342 $4,441 $99 2. 3% ($334,500) Apartment ($5M) $81,097 $82,062 $965 1 . 2% Commercial ($2M) $70,025 $71, 150 $ 1, 125 1 .6% Property Tax Distribution Median Value Home * Other Hennepin School County District 272 35% 33% City of Eden Prairie 25% poir Pro Tax Distribution Co rcial Property * Other 3% Hennepin City of Eden Fiscal County Prairie Disparities 15% 11% 29% � School lit District 272 State 14% General Tax 28% Arilit4 10,000 Market Valu: A� , �lL I +�l � � s ; a1�dGf. L ]�L rt�`�► rl7`r Budget and T Levy Total 2010 Budget $ 40,414,931 Total 2011 Budget 12/07/2010 $40,414,931 0% Change Total 2010 Tax Levy $ 30,312,986 Total 2011 Tax Levy 12/07/2010 $30,803,442 1 .6% Increase 1 • Monthly t. cervices General Fund $79.92 Debt 9.62 Other* 1 .62 Total $91 . 16 h in • t 4 A . c Ar7 -7r# !I fa i i ' 14- Jr414cX‘ 1144X /1'4\ Monthly Cost of City Services General Fund Administration $7.96 Community Development 4.43 Parks & Recreation 19.96 Police 25.37 Fire 10.70 Public Works 11 .50 Total $79.92 • Public Comment and Input • END A'Ar + , . r N m o '~ C p U co CO co a c c bbO 00 a) co C C U CO C O "a "a O ^ O .0 N co ro O O Q iJ O O C ri E ba E > CO c m E v a) u C a N a to 'aco -Q p a) E In co v) a) ° .N a) p m E o + + m m c o OD p o L. E a 'C L C a) C am) am) ..., +' p a) a y L. + m } C -p m > �, E' '� �' do o o >• L. o '. aci > o c to .. c o a C U C E C X 0 a) 'p O C C in a) >. V) m 4Z U w ' n c a) t tii Q C p m n m Cu a) m > L > O O w 4-4 +I Cr N Q! 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O 0 0 O O 0 O O O V) Ln O co O O co O O O O O N O 0 0 O O lD CO O Cn O O O O O O 0 0 N O 0 LC) O CO N M O N O d• 0 O V) cm O 1" 'cr d^ d' c-i Vj N c-1 Ol d0 to Lry' ccie O' O' pi C rl CO V) V) ro m Cn N N N c-1 c-I e-1 c-1 ri r1 c-1 O ci 0 E <L a-+ C E o O L. N a) 75 a) a) O C N C '' u >O co to O U a) u u C c a) am " °c° o Fm- N F� U a) vt C CO f0 a d0 C Q • C C °) o CO O E + a cm � P m E COL '~'' N a) N ° i..-.E :^ _j . . : a.. Q. a) U) m CL m n a) E : .:w .. a ,„ 0 O •u E E a) . ro m E .ti LL+ L Cu E c- O 0 a) C O O T V) LL CL W V) N am. W EC U V) 0 CC D_ U Item Amount Change Impact Park Maintenance 8, 000 Reduce the time frame that portable toilets are available in This would remove portable toilets approximately a month several parks . earlier in some parks where there are no organized sport activities. Fire 8, 000 Wages No Benefits, Reduce rental housing temp help Waiting time to receive rental housing certificates will increase to 60 days as will data entry into shared Fire/Police Database Customer Service 7,800 Office Supplies Reflects trend of past few years Communications 7,569 Reduce printing and distributing four Life in the Prairie Less communication with citizens, more challenging to get the newsletters ( 12 a year to 8 a year) word out on important topics Police 7,500 Capital under $ 10, 000 . Delay small equipment purchases until 2012 Community Development 6,500 Eliminates CD budget for imaging Assessing files Delays availability of electronic files for customer service Human Resources 6,000 Employment Test Decreased need due to less employee turnover Community Center 6, 000 Day Care - Labor, supplies and capital under $ 10, 000; Reduced hours in the summer months Community Center 5,500 1425 Concessions - Repair and maintenance and capital under Will cause challenges if we loose one the freezers - will need to $ 10, 000; reduce cold storage inventory Fire 5, 063 Conferences, reduce what we go to Reduce attendance to conferences out of town or with a cost Information Technology 5, 000 Phone service New contact in 2010, price reduced Human Resources 5, 000 Unemployment Insurance Decreased need due to less employee turnover Art Center 5, 000 Repair & Maintenance; Remove from budget Conduct additional fundraising Park Maintenance 5, 000 Reduce the contracted services for tree removal . Delay grinding of stumps and branches in some parks and street boulevards depending on the amount of high risk tree removal that would need to be contracted . Community Center 4, 000 Ice Arena - wages, clothing and uniform and travel ; May not be able to maintain open skate Fire 3,381 Printing, reduce scope of recruitment flyers Reduce direct mail recruitment process, this could have an impact on recruitment numbers, although this is speculative Total 679, 682 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, DECEMBER 7, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Jon Duckstad, Kathy Nelson, and Ron Case CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 16, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING THE 2011 TO 2015 CAPITAL IMPROVEMENT PLAN C. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT'S AUTO SERVICE FOR 2011 D. ADOPT RESOLUTION APPROVING EXECUTE NEW JOINT POWERS AGREEMENT WHICH WILL ESTABLISH A RELATIONSHIP BETWEEN EDEN PRAIRIE AND THE BUREAU OF CRIMINAL APPREHENSION CITY COUNCIL AGENDA December 7, 2010 Page 2 E. APPROVE CHANGE ORDER NO. 1, FOR WESTWIND AND WINDWARD CIRCLES' WATERMAIN REPLACEMENT PROJECT TO MACHETEMES CONSTRUCTION, INC. IX. PUBLIC HEARINGS / MEETINGS A. 2011 BUDGET B. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by Karen Leu and Jeffrey Leu.Request to rescind Resolution No. 2007-106 for Planned Unit Development Concept Review on 2 acres; rescind Ordinance No. 25-2007- PUD-11-2007 for Planned Unit Development District Review with waivers and Zoning District Amendment in the R1-22 Zoning District on 2 acres; rescind Resolution No. 2007-107 for Preliminary Plat on 2 acres into one lot; rescind Resolution No. 2007-125 for Final Plat on 2 acres into one lot. Location: 9092, 9100 and 9108 Stephens Pointe. (Resolution rescinding PUD Concept Review, Ordinance rescinding PUD District Review with waivers and Zoning District Amendment, Resolution rescinding Preliminary Plat, Resolution rescinding Final Plat) C. FIRST READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS D. FEE RESOLUTION X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by Karen Leu and Jeffrey Leu. Second Reading of the Ordinance rescinding PUD District Review with waivers and Zoning Amendment in the R1-22 Zoning District on 2 acres. (Ordinance rescinding PUD District Review with waivers and Zoning District Amendment; Resolution approving 2nd Amendment to Development Agreement) B. SECOND READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA December 7, 2010 Page 3 B. REPORT OF CITY MANAGER 1. City Manager Search Timeline 2. Resolution Certifying 2011 Property Tax Levy, Adopting The 2011 Budget, and Consenting and Approving the 2011 HRA Tax Levy C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Approve New Lease Between the City of Eden Prairie and BE Investments LLC for a Complete Nutrition Retail Store at 8018 Den Road D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud Airport XV. OTHER BUSINESS XVI. CLOSED SESSION TO CONSIDER LEGAL STRATEGY XVII. ADJOURNMENT ANNOTATED AGENDA REVISED DATE: December 3, 2010 TO: Mayor and City Council FROM: Jay Lotthammer, Interim City Manager RE: City Council Meeting for Tuesday, December 7, 2010 TUESDAY,DECEMBER 7, 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. HRA MEETING I. ROLL CALL/CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2010 MOTION: Move to approve the minutes of the HRA meeting held on September 7, 2010. III. ADOPT RESOLUTION CERTIFYING THE 2011 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2011 HRA BUDGET OF $200,000 Synopsis: On September 7, 2010, the HRA approved the proposed 2011 HRA property tax levy and budget. Also on September 7, 2010, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2011 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Move to adopt the resolution certifying the 2011 Property Tax levy to be $200,000 and approving the 2011 Budget of $200,000 as reviewed by the Council. IV. ADJOURNMENT MOTION: Move to adjourn the HRA. ANNOTATED AGENDA December 7,2010 Page 2 COUNCIL MEETING 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, NOVEMBER 16, 2010 B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 16, 2010 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-E on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVI NG THE 2011 TO 2015 CAPI TAL I M PROVEM ENT PLAN C. APPROVE RENEWAL OF THE AGREEM ENT FOR TOWING SERVICES BETWEEN THE CITY OF EDEN PRAIRIE AND MATT' S AUTO SERVICE FOR 2011 D. ADOPT RESOLUTION APPROVING EXECUTE NEW JOINT POWERS AGREEMENT WHICH WILL ESTABLISH A RELATIONSHIP BETWEEN EDEN PRAIRIE AND THE BUREAU OF CRIMINAL APPREHENSION E. APPROVE CHANGE ORDER NO. 1, FOR WESTWIND AND WINDWARD CIRCLES' WATERMAIN REPLACEMENT PROJECT TO MACHETEMES CONSTRUCTION, INC. IX. PUBLIC HEARINGS/MEETINGS A. 2011 BUDGET MEETING Synopsis: On September 7, 2010, the Eden Prairie City Council adopted a resolution certifying the proposed 2011 City budget and property tax levy. Calculations for the City showed the budget to be $41,465,943 and the certified levy to be $32,761,605 ANNOTATED AGENDA December 7,2010 Page 3 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,600,000) is $31,161,605. The 2011 budget maintains City services with a budget increase of 2.8% in the general fund and a total budget increase of 2.8% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 2.8% or$848,619. This is an increase of$47.00 or 4.36% on median value home of$354,050. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2010. City Council adoption of the final levy and budget will complete this process. This public meeting is to provide an opportunity for the public to comment on the 2011 proposed budget. MOTION: Move to close the Public Meeting. dlik. B. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by Karen Leu and Jeffrey Leu.Request to rescind Resolution No. 2007-106 for Planned Unit Development Concept Review on 2 acres; rescind Ordinance No. 25-2007-PUD-11- 2007 for Planned Unit Development District Review with waivers and Zoning District Amendment in the R1-22 Zoning District on 2 acres; rescind Resolution No. 2007-107 for Preliminary Plat on 2 acres into one lot; rescind Resolution No. 2007- 125 for Final Plat on 2 acres into one lot. Location: 9092, 9100 and 9108 Stephens Pointe. (Resolution rescinding PUD Concept Review, Ordinance rescinding PUD District Review with waivers and Zoning District Amendment, Resolution rescinding Preliminary Plat,Resolution rescinding Final Plat) Official notice of this public hearing was published in the November 25, 2010,Eden Prairie News and sent to 15 property owners. Synopsis: In 2007, the Leu' s purchased 3 lots and asked the City to approve a subdivision that combined the 3 lots into one lot for the purpose of building one house. I n December 2007 the City Council approved The Pointe on Lake Ri I ey— Leu subdivision. The Leu' s have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as 3 i ndi vi dual lots, thus restoring the property to its zoning and subdivision status before the Development Agreement and al approvals were granted by the City. Since the 2007 subdivision was approved through a PU D zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. The Planning Commission voted 5-0 to recommend approval of rescinding The Pointe on Lake Riley-Leu project to the City Council at its November 8, 2010 meeting. ANNOTATED AGENDA December 7,2010 Page 4 The 2nd Reading of the Ordinance to rescind will take place under the Ordinances and Resolutions section of the agenda. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution rescinding Resolution No. 2007-106 which approved the Planned Unit Development Concept Review for one lot, approved by the City Council on October 2, 2007; and • Approve 1st Reading of the Ordinance rescinding Ordinance No. 25- 2007-PUD-11-2007 which adopted the Planned Unit Development District Review with waivers and Zoning District Amendment within the R1-22 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Adopt the Resolution rescinding Resolution No. 2007-107 which approved the Preliminary Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on October 2, 2007; and • Adopt the Resolution rescinding Resolution No. 2007-125 which approved the Final Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Adopt the Resolution authorizing the Mayor and City Manager to execute an amendment to the Development Agreement for The Pointe on Lake Riley-Leu, rescinding all of its terms. C. FIRST READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADM I NI STRATI ON OF OFFI CI AL CONTROLS Official notice of this public hearing was published in the November 18, 2010, Eden Prairie News. Synopsis: This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an"Official Control" as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. MOTION: Move to: • Close the Public Hearing; and ANNOTATED AGENDA December 7, 2010 Page 5 • Approve 1st Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. D. FEE RESOLUTION Official notice of this public hearing was published in the November 18, 2010, Eden Prairie News. Synopsis: This Resolution establishes a fee schedule for the City's services not covered by ordinance. MOTION: Move to: • Close the Public Hearing; and • Adopt the 2011 Fee resolution X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. THE POINTE ON LAKE RILEY-LEU RESCINDING APPROVALS by Karen Leu and Jeffrey Leu. Second Reading of the Ordinance rescinding PUD District Review with waivers and Zoning Amendment in the R1-22 Zoning District on 2 acres. (Ordinance rescinding PUD District Review with waivers and Zoning District Amendment; Resolution approving 2nd Amendment to Development Agreement) Synopsi s: I n 2007, the Leu' s purchased 3 lots and asked the City to approve a subdivision that combined 3 lots into one lot for the purpose of building one house. In December 2007 the City Council approved the Pointe at Lake Ri I ey—L eu subdivision. The Leu' s have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as 3 individual lots, thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. S1 nce the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. MOTION: Move to: • Approve 2nd Reading of the Ordinance rescinding Ordinance No. 25- 2007-PUD-11-2007 which approved the Planned Unit Development District Review and Zoning District Amendment within the R1-22 ANNOTATED AGENDA December 7,2010 Page 6 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Adopt Resolution Approving 2nd Amendment to Development Agreement B. SECOND READING OF ORDINANCE UPDATING FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE Synopsis: This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. The first reading of this ordinance was approved at the December 7, 2010, Council meeting. MOTION: Move to approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary publication. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. City Manager Search Timeline Synopsis: On November 30, 2010, the Eden Prairie City Council, Mayor- Elect Nancy Tyra-Lukens and Council Member-Elect Sherry Butcher met with the City's search consultant, Greg Albrecht. Albrecht provided an overview of his executive search activities to date. Albrecht also presented resumes of 10 individuals for consideration by the City Council. The group reviewed the resumes and came to consensus on six candidates to interview. Mayor Young and Council Member Aho did not attend the meeting. Albrecht said he would contact them to get their input. The group discussed setting a date for the City Council Members to individually interview the six candidates, after which the Council will meet as a group to select two or three candidates to proceed to the final interview process. The group agreed on setting the interviews for Saturday, January 8. MOTION: Move to schedule a special City Council Meeting at 1:00 p.m. on January 8, 2010, for the City Council to discuss and ANNOTATED AGENDA December 7,2010 Page 7 select two or three City Manager candidates to proceed to the final interview process. 2. Resolution Certifying 2011 Property Tax Levy, Adopting The 2011 Budget, and Consenting and Approving the 2011 HRA Tax Levy The resolution has been provided in the event the City Council decides to adopt the tax levy and budget on December 7th, 2010. Since budget work is still occurring and more discussion with the City Council is needed, amounts have been left blank and will be completed at the meeting if necessary. Synopsis: On September 7, 2010, the Eden Prairie City Council adopted a resolution certifying the proposed 2011 City budget and property tax levy. Calculations for the City showed the budget to be $41,465,943 and the certified levy to be $32,761,605 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,600,000) is $31,161,605. The 2011 proposed budget on September 7, 2010 maintains City services with a budget increase of 2.8% in the general fund and a total budget increase of 2.6%which includes the capital levy and debt service payments. The tax levy is budgeted to increase 2.8% or$848,619. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2010. City Council adoption of the final levy and budget will complete this process. - MOTION: Move to: • Adopt a resolution certifying the 2011 Property Tax levy to be $***; and • Approve the 2011 Budget of $*** as reviewed by the Council; and • Consent and approve the HRA tax levy and budget of $200,000. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Approve New lease between the City of Eden Prairie and BE Investments LLC for a Complete Nutrition Retail Store at 8018 Den Road Synopsis: The enclosed lease is for a 1,517 square foot Complete Nutrition retail store at the City owned property located at 8018 Den Road, a space formerly leased to Hollywood Video. Complete Nutrition will occupy about a third of the approximate 5,100 square feet formerly leased to Hollywood Video. The balance of the space is expected to be subdivided between two future tenants. The basic terms of the lease are as follows: Term: 5 years(w/options to renew) Rent: Year Rent/SF Monthly Annual Rent Total Rent 1-5 $23.00 $2,907.58 $34,891 $174,455 Option ANNOTATED AGENDA December 7,2010 Page 8 Year Rent/SF Monthly Annual Rent Total Rent 6-10 $25.30 $3,198.34 $38,380.10 $191,900.50 11-15 $27.83 $3,518.18 $42,218.11 $211,090.55 Tenant Improvements: Tenant will finish retail space Tenant Allowance: Landlord provides$35,000 Broker Commissions: $10,619($7/sf split between two brokers) Landlord Work: Build and provide vanilla shell and remodel bathrooms and hall area. Common Area Maintenance: Tenant pays Property Taxes/Insurance: Tenant Pays MOTION: Move to approve a new lease between the City of Eden Prairie and BE Investments, LLC, for a Complete Nutrition retail store at a City owned property located at 8018 Den Road. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Memorandum of Under standing Regarding Certain Development Projects at Flying Cloud Airport Synopsis: In connection with the negotiations for extension and expansion of the lease for the Flying Cloud athletic fields MAC requested that the City enter into a memorandum of understanding setting forth the basis on which MAC would undertake commercial or office development of portions of its property at the Flying Cloud Airport. The attached Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud Airport (MOU) is the result of extensive negations between the parties. MAC and the City have historically disagreed on whether the City has zoning authority over non-aeronautical related land uses and development projects at Flying Cloud Airport. In an effort to resolve that dispute and address both MAC's desire to develop certain parcels and the City's desire to retain its authority to review and approve development projects, an MOU has been negotiated that sets forth a procedure by which non-aeronautical development projects would be reviewed by the City pursuant to the statutory public process. The MOU provides a process for City pre-zoning of certain parcels MAC may wish to develop for commercial or office non-aeronautical uses. The MOU envisions an amendment to Chapter 11 of the City Code, the Zoning Code, following the regular public process of a hearing before both the Planning Commission and the City Council. The amendment provides for the zoning of eight parcels as either Airport—Office or Airport—Commercial. ANNOTATED AGENDA December 7,2010 Page 9 If the parcels identified are rezoned in accordance with the MOU, each parcel would be subject to Chapter 11's performance standards and the public process for site plan review. Adoption of the MOU does not commit the City to approving the zoning amendment. MOTION: Move to approve Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud with Metroaolitan Airports Commission. XV. OTHER BUSINESS XVI. CLOSED SESSION TO CONSIDER LEGAL STRATEGY XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, NOVEMBER 16, 2010 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, Ron Case, Jon Duckstad, and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters BUDGET ADVISORY COMMISSION: Annette Agner, Eapen Chacko, Richard King—Vice Chair, Jon Muilenburg, Richard Proops, Gwen Schultz, Don Uram—Chair Heritage Room II Don Uram, Eapen Chacko and Gwen Shultz were absent. I. JOINT MEETING WITH THE BUDGET ADVISORY COMMISSION 2011 Budget Recommendations Interim City Manager Jay Lotthammer introduced Budget Advisory Commission Vice Chair Rick King. King presented a PowerPoint on the BAC's recommendations regarding the 2011 operating budget and CIP. King said the BAC made its initial recommendation on the 2011 budget to the City Council in September. They recommended that the 2011 budget remain flat. They also recommended that the two percent wage adjustment remain in the budget, but that reductions should be made in other areas to attain a flat budget. The BAC recommended that Department Directors identify areas for reduction. At its October 26 meeting, the BAC refined its recommendation as follows: • Keep the 2011 budget flat over 2010 and retain the two percent wage adjustment • Maintain the tax levy approved by the City Council in September to reduce the 2011 budget deficit City Council Workshop November 16, 2010 Page 2 The motion, which carried 5-0, was to, "Forward to the City Council the following recommendation for the 2011 operating budget: Zero change in spending from 2010 to 2011; $751,932 increase in the tax levy from 2010 to 2011 (2.61% increase in tax levy); and operating deficit of approximately$600,000. The BAC supports the projects listed in the Capital Improvement Plan. They noted that 95 percent of the projects are for maintenance, the CIP currently does not have sustainable funding, and the fund balance will be depleted in a few years. The BAC recommends exploring various funding sources for the CIP, including an increase in the tax levy once the economy improves, franchise fees and special assessments for road improvements. Council Member Nelson asked why the recommended wage adjustment is 2 percent, since that is higher than inflation. King said employee salaries were frozen in 2010, and for the City to retain its core of employees it is necessary to pay competitively. Interim City Manager Lotthammer agreed that the two percent recommendation is not driven by inflation but by the market. Commissioner Proops said he feels the increase in medical costs should be borne by the employees rather than the City. Nelson said she feels the City should implement the Fire Duty Crew, and asked what sort of discussions the BAC had about that. King said the BAC took the Fire Department's recommendation to add a Duty Crew under advisement,but decided—in the context of the overall budget—not to support the recommendation for 2011. King said the BAC did not feel the budget should be increased for that initiative. Council Member Case noted that the Police Department's request for two additional police officers is not included in the recommended budget. He asked what that will look like in terms of service provided by the Police. Police Chief Reynolds noted that the addition of two officers would raise the Police Department staffing level to the 2008 recommended level. Reynolds said there may be some reduction of quality of life services, and their services might be less proactive and more reactive. There may be some decrease in levels of traffic enforcement. Case asked where the recommended half million dollars in reductions would be made. Lotthammer said there would have to be either program cuts or reductions in staffing. City Council Workshop November 16, 2010 Page 3 Budget Advisory Commission Appointments Lotthammer told the Council that Don Uram's resignation from the Budget Advisory Commission leaves an opening with two years left on the term. The Council discussed which candidate to appoint from the pool of applicants. Council Chamber II. OPEN PODIUM A. Nancy Tyra-Lukens—City Manager Search Tyra-Lukens said she has spoken with Greg Albrecht about the search process, and she is comfortable with the timeline and process he outlined. III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 16, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Council Members Brad Aho, 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 Mayor Young thanked Boy Scout Troop 479, sponsored by the Immanuel Lutheran Church, for presenting the colors. III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HENNEPIN COUNTY COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison reviewed the proposed County budget, noting there will be no increase in the General Operating Levy for the first year of the budget and a$86,000,000 decrease in the second year of the budget. She said the demand for services is growing, and she reviewed the impact on services because of no increase in the budget. She said they have approved the schematic design for a new communications facility that will be built in Plymouth. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Duckstad moved, seconded by Nelson, to approve the agenda. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 19, 2010 MOTION: Aho moved, seconded by Duckstad, to approve the minutes of the City Council workshop held Tuesday, October 19, 2010, as published. Motion carried 5- 0. CITY COUNCIL MINUTES November 16,2010 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 19, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, October 19, 2010, as published. Motion carried 5-0. C. SPECIAL CITY COUNCIL MEETING HELD NOVEMBER 9, 2010 MOTION: Aho moved, seconded by Case, to approve the minutes of the Special City Council meeting held Tuesday,November 9, 2010, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE 16-2010 AMENDING CITY CODE SECTION 11.03 SUBD. 3H, RELATING TO SPECIAL REQUIREMENTS FOR OFF STREET PARKING AND OFF STREET LOADING FACILITIES AND ADOPT RESOLUTION 2010-77 APPROVING SUMMARY ORDINANCE C. ADOPT RESOLUTION 2010-78 DECLARING ABANDONED PROPERTY D. ADOPT RESOLUTION 2010-79 RELATING TO ISSUANCE OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2010A FOR$1,190,000 (Singletree Lane Project) E. APPROVE AGREEMENT WITH HILDE INC. FOR ACTUARIAL SERVICES F. APPROVE PURCHASE OF THREE HP REPLACEMENT SERVERS G. APPROVE RELEASE OF AFFORDABLE HOUSING REGULATORY AGREEMENT BETWEEN THE CITY AND RYLAND GROUP H. EXECUTE AMENDED JOINT AND COOPERATIVE AGREEMENT FOR ACQUISITION AND USE OF FIREFIGHTING EQUIPMENT AND SERVICES I. APPROVE FIRST AMENDMENT TO LEASE BETWEEN THE CITY AND HENNEPIN HEALTH CARE SYSTEMS (HHCS) J. APPROVE EXECUTION OF PARTIAL RELEASES OF LOT 1, BLOCK 1, AUTO WORLD ADDITION FROM SOLOMON REAL ESTATE GROUP DEVELOPMENT AGREEMENT,EDEN ROAD MAINTENANCE AGREEMENT AND ENVIRONMENTAL INDEMNITY AND HOLD HARMLESS CITY COUNCIL MINUTES November 16,2010 Page 3 AGREEMENT MOTION: Duckstad moved, seconded by Nelson, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. PRECIOUS METAL DEALER'S LICENSE FOR GOLD BUYERS AT THE MALL,LLC Lotthammer said official notice of this public hearing was published in the November 4, 2010,Eden Prairie News. He said Gold Buyers at the Mall, located at 8251 Flying Cloud Drive, Suite 125, has applied for a Precious Metal Dealer's License. A public hearing for the issuance of a Precious Metal Dealer's license is required by City Code Section 5.71, Subd. 10. A precious metal dealer is defined as any person engaging in the business of buying secondhand items containing precious metal, including,but not limited to,jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The Police Department has completed background investigations on the owners and business and recommends approval of this license. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing and to approve the Precious Metal Dealer's License for Gold Buyers at the Mall, LLC, DBA: Gold Buyers at the Mall. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Duckstad moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Duckstad,Nelson and Young voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. BUDGET ADVISORY COMMISSION Lotthammer said there is an update for this item on goldenrod paper. He said the Council may want to consider adding a name to replace Don Uram, whose resignation from the Budget Advisory Commission(BAC) was received this past week. MOTION: Case moved, seconded by Nelson, to appoint to the Budget Advisory Commission Annette Agner, Daniel Funk, and Michael Morris with terms to begin January 1, 2011, and end December 31, 2014 and Chris Nylander with term to CITY COUNCIL MINUTES November 16,2010 Page 4 begin January 1, 2011, and end December 31, 2012. Motion carried 5-0. B. BUDGET ADVISORY COMMISSION CHAIR AND VICE CHAIR Lotthammer said there is an update for this item on goldenrod paper. MOTION: Aho moved, seconded by Duckstad, to appoint Rick King - Chair and Jon Muilenberg -Vice Chair of the Budget Advisory Commission for 2011. Motion carried 5-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. 2011 Budget Update Lotthammer said the Council heard the BAC's recommendations for the 2011 budget tonight at the workshop session. He noted there is more time in which to discuss the budget after tonight, but the item was placed on tonight's agenda in order to have time to respond to any wishes of the City Council. He said in October Mr. Neal provided correspondence to the Council with quite a bit of comparison data. If the Council wants additional data, staff will provide that before December 7th when the budget discussion will again be on the agenda. He said we would still have the December 21 St meeting if the budget isn't passed on December 7. Aho said, as we talked about in the workshop, he would like to see scenarios with a zero levy increase to see what that looks like in terms of service levels and staffing. He said that is a very important point to evaluate. Duckstad said he would also like to see that. Nelson said she would like to see an option with a 2% increase instead of 2.6%. She wanted to make sure the duty crew is included in that option. Young asked if Council Members Aho and Nelson were talking about the budget, not the levy. Nelson and Aho said that was correct. Case said his concern is that we need a 2.6% increase so we don't deficit spend. He was concerned that we have been propping up our budget with deficit spending the last couple of years, and he felt there are certain budget pressures that are necessary to add to this budget, including the 2% salary increase and some of the social security and health costs. He would like to see what it would look like if we have the 2.6% levy increase with a few of the given increases in the budget but keep the budget at zero. He thought there are some possibilities out there to add some items and cut some others. We will have a surplus from 2010, and he suggested we use the CITY COUNCIL MINUTES November 16,2010 Page 5 surplus revenue in the budget. He said he believes the duty crew is a necessary component of the future,but he thought we could slide that and the two new police officers to another year. Young said we are in challenging times, and he is hearing we should do less with less, not do more with less. He thought that needs to be a theme in our budget discussion. He said we left it to staff to present a budget to us within the parameters we set for them. In the past one of the reasons we used the Budget Stabilization Fund(BSF) was because they recommended it. He thought that is a short term strategy only and we need a staff budget that does suggest some cuts if we are resolved to have a zero percent budget or a zero percent levy. He thought this will be a difficult process because we cannot rely as much on the BSF as we have in the past to get the budget passed. He said staff needs to show us what some service reductions are, and the Council will have to make the decision to make the cuts. Nelson agreed some cuts have to be made along with some increases in funds. She would like to know what those cuts are going to be and what programs will be slashed. She understood that is quite a bit to ask of staff in three weeks, but she wanted to see specifics for the cuts being proposed. She thought the idea of using the surplus for next year as Council Member Case suggested was not a bad idea. Aho said we heard from the Hennepin County Commissioner that the county did a zero levy increase, and to do that they relied on a 5.2%budget decrease. He said no one likes to talk about cuts but he thought it is important to be very mindful of the economy. He wants to see the zero levy increase and what that looks like. He thought there are programs that we like and want to continue but residents may not be willing to pay for those. We need to see what our budget looks like with cuts in places other than our core services. Duckstad agreed with the comments of Mayor Young and Council Member Aho given the state of the economy. He said we owe it to our citizens and taxpayers because this is a time for belt tightening. He noted the State is continuing its wage freeze for the third straight year. He said there are many in our community who appreciated what City Manager Neal did last year when he made cuts including eliminating twelve employees. He said Mr. Neal commented in his blog there was no recognizable loss in services as a result of the cuts. Nelson said she didn't want to see us cut basic services to people and she will never vote for that. We need a combination of increase and decrease, and she would like to do it at the 2%rate rather than 2.6%. She was not sure we can absorb another$1,000,000 worth of cuts and still have what the people in the community want from their City. We are looking into a new benefit system, and she hoped we will keep looking at new innovations that cost less and work those into our budget over the next two years. She CITY COUNCIL MINUTES November 16,2010 Page 6 encouraged staff to take any potential innovations from staff members because with planning we may be able to do the same things for people at the same cost. Case agreed with Council Member Nelson. It isn't as easy as feeling that government is bad and an organization that is out of control. Government spends money on its own citizens, and citizens have demanded the programs and services in the past. As an example, he said this week he received emails of concern about the late plowing last weekend. Cuts start to impact services when we push on that side. Everything has a cost implication and cuts are okay as we get feedback from residents about what are the most important services. We need to hold those conversations with residents, and we need to be cognizant we did not become the No. 1 city by not providing these services. 2. City Manager Search Update Lotthammer said Greg Albrecht from M&A Executive Search is here to give an update on the City Manager search. Mr. Albrecht said we have had very good response to our search for the next City Manager. He said we are actively interviewing people and we have a very strong slate. He is prepared to meet with the City Council on November 30 to review the top 10-12 candidates. He said he would like to get agreement on our interview timetable and how we will proceed with that. He thought it was imperative the new City Council members be included in the process as the new City Manager will be working for the newly elected Mayor and Council Member. He said the selection process most likely will be unable to identify and hire a candidate prior to the new Council being seated. December 11 was tentatively set as the date for the Council to interview the top five candidates, but we heard from Mayor- Elect Tyra-Lukens that she isn't available on that date. He said part of the process is to have the top candidates have an interview with a group of civic leaders and staff members and have an opportunity to meet and greet City workers and citizens at an open house. They had planned that for December, but that is open for discussion. Young asked what will be accomplished at the next scheduled meeting on November 30. Albrecht said we will review the top 10-12 candidates. The City Council would then select the top five or six to call back at a later date. Young asked at what point in the process the group of civic leaders would become involved. Albrecht said it would be at the latter end when the top two or three candidates would meet with staff, civic groups and citizens. That would occur after the City Council identified the top two or three candidates. The finalists would be introduced to the public and the City Council would interview them in an open meeting. The Council would take that information after the interviews and make a decision on who would be selected as the next City Manager. CITY COUNCIL MINUTES November 16,2010 Page 7 Case said his preference would be to have this City Council do the labor in helping speed things along so we have some continuity. However, when it comes down to the top four to six candidates, the next City Council would be the ones who would work it down to two or three and proceed through the process. He would like to see the process to work it down to two or three take place in January. Young thought this is a process we should neither rush nor delay. He thought it is hard to predict beyond the next meeting what will happen. He thought we could come back on the 30th, see the top ten candidates, reduce the number and then talk about the next step at that time. Aho said he liked the idea of meeting on the 30th to narrow it down and we are not excluding the newly elected Mayor and City Council Member. He would like to see the process move forward, and he didn't think we have to set the next meeting beyond the 30th. We should start talking about when we are available so plans can be made as there will be a lot of coordinating required. Young said we should have the schedules of the ten candidates and the Council Members available to us on the 30th so we can establish the next step. Nelson agreed with meeting on the 30th. She wanted to be able to concentrate on the budget and have staff concentrate on the budget between now and December 7. She was comfortable with beginning on the 30th and setting the next interviews very shortly after the New Year at the latest. Albrecht thanked the Council for their time and said there is a very strong display of candidates from the local, state and even federal government levels. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Flying Cloud Joint Airport Zoning Board Ordinance Rosow said last time he presented the ordinance that the Joint Airport Zoning Board (JAZB)put together that contains their proposal for each of the cities to appoint a zoning administrator to administer the ordinance. The CITY COUNCIL MINUTES November 16,2010 Page 8 City Council at that time was somewhat hesitant about the recommendations made with respect to administration and there were questions the Council asked us to resolve with the Metropolitan Airports Commission(MAC). Rosow said we have met a number of times with MAC and they have told us there are tools to help the zoning administrators do their tasks. He said the first task of the zoning administrator is to determine whether a proposed structure will protrude into air space higher than is allowed by the ordinance. He said there is a program on the MAC website that allows the user to bring up a description and display of the site by entering the address or PID number. It displays the property outline with a height number in the middle of the property, gives the height restriction and shows the safety zone it is in. Case asked why there is a height restriction on something outside of the safety zone. Rosow said the website gives the height assigned to it but it may not be restricted, depending on the location. Rosow said any structure in the City can be displayed with the MAC program. He said this is how this portion of the program works, and it is a matter of making sure you have the right address or PID number to pull up the correct information. Rosow presented a graphic showing the limits of airspace and the safety limits for Zones A, B and C. He said Zone C is primarily where the administration would take place to make sure there are no violations of the height restrictions and the general restriction that there is nothing that could interfere in aviation from an electronics point of view or from light emissions. The first duty of the zoning administrator is to determine if it exceeds the height. Then the zoning administrator would determine if it causes interference with radio or electronic facilities of the airport or if the lights will cause confusion or glare to airplane operations. He said in order to make that determination we can request the MAC provide an advisory opinion to us about a proposed use. If there is anything out of the ordinary the zoning administrator can request guidance from the MAC. The zoning administrator position may be filled by more than one person because the job may involve both planning and zoning. We need to have a number of people in the City aware of these requirements. Rosow said the third duty of the zoning administrator is to enforce the ordinance. The City would request direction from the MAC prior to enforcement. The MAC would like to provide that assistance and give us direction as to whether enforcement action should take place. He said there has to be a high degree of cooperation between the two organizations. Rosow said the pros for the zoning administrator position would be one stop shopping for property owners and we would maintain local control. The cons would be the liability for decisions, administrative cost and burden, and the responsibility for decisions that affect airport operations. He said CITY COUNCIL MINUTES November 16,2010 Page 9 the Council has been concerned about the JAZB because of liability for the decision in the area of taking of land. In the cooperative agreement they undertake to indemnify the City for those decisions and actions. He said the indemnification doesn't go as far as he would like it to. The proposal from the MAC with respect to indemnification is sufficient with respect to the major concern we have of liability for a taking. Rosow said a Court of Appeals determined that the actions of a JAZB in Bloomington constituted a taking, and we will hear more about that. They have it under advisement but there is also pending before the Supreme Court a similar case arising out of Rochester. We should see what the Supreme Court does within the next three to five months. The MAC worked with Bloomington and followed through with their indemnification and defense agreement for the City of Bloomington. Rosow said the MAC has requested that they be allowed to send the ordinance back to the JAZB and then send it on to the Commissioner of Transportation. Aho said it sounds like Mr. Rosow's opinion is that it is a very low risk for the City of Eden Prairie to be the zoning administrator given the indemnification we are being provided. Rosow said he believes it is a low risk with respect to the functions of the administrator. He thought we have the right people available who will not hesitate to consult with MAC on any issues regarding the subjective determination of interference with airport operations. Duckstad said regarding the issue of liability there are cases pending that haven't reached final conclusion. He asked if there have been any cases where a zoning administrator has been sued and where a court has compelled them to pay money damages. Rosow said there are cases that have decided that regulations in zoning ordinances have gone too far and have amounted to a taking of property. The courts have given the option of withdrawing the regulation in some cases. Duckstad asked if he was suggesting a zoning administrator doesn't possess the usual immunity that other decision makers have. Rosow said these are two different things, and he knows of no cases where the person making the decision has been held personally liable for the regulations. Case said he believes this is a greatly improved agreement, and he agreed it does not expose Eden Prairie to an inordinate amount of risk. He remains convinced that this is not in Eden Prairie's best interests, but it seems to be in the MAC's best interests. He said he remains against this proposal. MOTION: Aho moved, seconded by Nelson, to advise the Flying Cloud Airport Joint Airport Zoning Board that the City consents to forwarding the JAZB Ordinance to the Commissioner of Transportation for review. Motion carried 4-1-0,with Case opposed. XV. OTHER BUSINESS CITY COUNCIL MINUTES November 16,2010 Page 10 XVI. ADJOURNMENT MOTION: Duckstad moved, seconded by Case, to adjourn the meeting. Motion carried 5-0. Mayor Young adjourned the meeting at 8:10 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7, 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. Raffle Organization: International School of Minnesota Parent Organization Place: Bearpath Golf& Country Club Date: February 26, 2010 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Sue Kotchevar, Office of the Resolution Approving the 2011 to 2015 City Manager/Finance Capital Improvement Plan Requested Action Move to: • Adopt Resolution approving the 2011 to 2015 Capital Improvement Plan Synopsis The City plans for capital maintenance and improvements by preparing a capital improvement plan (CIP). The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities, and infrastructure. It sets forth the estimated schedule, timing, and details of specific improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. It is a good management practice to prepare and adopt a capital improvement plan. It is a working plan and as circumstances warrant actual spending will differ throughout the period. All projects over $20,000 are brought back to the City Council at the time of execution for final review and approval. Attachment • Resolution • Note: Due to the size of the document, it was not included in the packet. The draft CIP was distributed to the City Council on November 24th, 2010. Anyone, who would like a copy or additional information, please contact Sue Kotchevar at 952 949-8386 or skotchevar@edenprairie.org. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION ADOPTING THE 2011 TO 2015 CAPITAL IMPROVEMENT PLAN WHEREAS, during the course of the preparation and review of the 2011 to 2015 Capital Improvement Plan(the CIP)the City Council (the Council) of the City of Eden Prairie, Minnesota(the City) has considered, for each capital improvement and for the CIP overall: the condition of the City's existing infrastructure, including the projected need for repair or replacement; the likely demand for the improvement; the estimated cost of the improvement; the available public resources; the level of overlapping debt in the City; the relative benefits and costs of alternative uses of the funds; operating costs of the proposed improvements; and alternatives for providing services most efficiently through shared facilities with other cities or local government units; and WHEREAS, the CIP covers at least a five-year period beginning with the date of its adoption; sets forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. and WHEREAS, it is in the best interests of the City to approve the CIP. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the City Council hereby approves the 2011 to 2015 Capital Improvement Plan. ADOPTED by the City Council of the City of Eden Prairie this 7th day of December 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Police, Lieutenant Morrow Approval of 2011 Towing Services Agreement Requested Action: Move to: Approve renewal of the Agreement for Towing Services between the City of Eden Prairie and Matt's Auto Service for 2011. Synopsis: This agreement for Towing Services will provide consistency of towing services and costs. Background Information: For 45 years Matt's Auto Service (6282 Industrial Drive, Eden Prairie) has been acting as the official towing agency for the City of Eden Prairie. Matt's Auto Service has consistently provided the City with quality service. Matt's Auto Service provides towing/impoundment services for several other local police departments including Minnetonka, Hopkins, Deephaven, Hennepin County Sheriff, and State Patrol. This is a renewal of the 2010 agreement with minor changes in fees and charges. The proposed agreement has been reviewed and approved by the City Attorney. Attachments: 2011 Agreement for Towing Services 2011 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 1st day of January, 2011, between the City of Eden Prairie, Eden Prairie City Offices, 8080 Mitchell Road, Eden Prairie, MN 55344-2230 ("City"), and Matt's Auto Service, Inc., 6282 Industrial Drive, Eden Prairie, MN 55344 ("Contractor"). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor's Services. The Contractor agrees to provide all services required by the City for towing of vehicles, as that term is defined in Minn. Stat. I69.011, Subd 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided for the towing vehicles shall be checked for driver's license and warrants by the City's Police Department prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be within one mile of the City limits. 4. Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall send, within 72 hours, by certified mail, to the registered owner a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed, if such information can be reasonably obtained, and the procedure to reclaim the vehicle. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the City's Police Department shall not be released without written authorization from said department. Vehicles not kept on a "police hold" shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the impound lot. The Contractor reserves the right to specify the manner of payment for all charges and fees. Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 10:00 a.m. to 1:00 p.m. Saturdays; and 2:00 p.m. to 3:00 p.m. on Sundays and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the police department. 7. Towing and Storage Charges. A 24 hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES-POLICE IMPOUNDS Impounded vehicles $89.00/115.00 Trailering impounded vehicles (additional) $5 minimum Accidents $89.00/145.00* Lowboy & Tractor service $95/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $225 big truck* Semi truck tractors and trailers $100 minimum* On-scene additional labor charges $25.00/45.00/hour minimum '"additional labor charges may be required depending on the specific equipment or labor needed at the scene. STORAGE RATES-POLICE IMPOUNDS Two wheel motor vehicles, mopeds, $30.00/day ATV's, and snowmobiles Other vehicles (ex large trucks) $45.00/day Inside storage $45.00/day Tractor-trailers, large trucks $45 - $65/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be impounded at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or drive shafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City of Eden Prairie area shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor's expense pursuant to paragraph 11 of this Agreement. Any such fees charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and §169A.63 shall be towed and stored at the following rates: Vehicles released within 15 days of the impound and no longer subject to forfeiture will fall under the procedures and fees outlined in paragraphs 6 & 7; Vehicles held for forfeiture will be charged a flat fee of $200.00 for towing and storage for the first 60 days, and $5.00 per day storage beginning with the 61" day. These fees would apply to vehicles which were held for forfeiture and subsequently released back to the registered owner or lien holder after 15 days from the impound date had passed. Contractor will charge the City $12.00 per vehicle for owner notification and $12.00 per vehicle for lien holder notification to cover staff time and materials related to forfeited vehicles. If the owner/lien holder does not pick up the vehicle within 30 days of being notified by the Contractor by certified mail to do so, and the vehicle has been stored over 60 days total, the vehicle may then be subject to the storage rates outlined in paragraph 7, beginning with the 315t day after receiving such notification. Release of such vehicles shall be governed by Minnesota Statutes §§609.531 to 609.5318 and §169A.63. Any storage or towing fees paid by the registered owner, which have already been paid by the City, shall be reimbursed to the City by the Contractor. A 9. Administrative Fees. The Contractor agrees to pay the City $4.00 for clerical and administrative expenses for each vehicle referenced in an impound towing report filed by the City's Police Department. These fees shall be paid annually, December 31, of each year for the preceding twelve month period. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 10. Records and Reports. Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held, in a form acceptable to the City. This report shall be forwarded to the City's Police Department at the same time as payment of the administrative fees referenced in paragraph 9. The report shall include the reasons why, if any, vehicles towed have not been released. All records of services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request. 11. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police, sell the vehicle at a sheriffs sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the semi-annual report referenced 3 above in paragraph 10. The Contractor shall keep records and prepare an annual summary report by January 31, 2012, of all losses and profits from the sale or disposal of vehicles towed pursuant to this agreement. 12. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time he, or his agent, takes custody of the vehicle, whether that be by signing the receipt for the vehicle or by hooking or hoisting the vehicle. The Contractor shall be responsible for the safe keeping of personal property, within or on the vehicle, as identified on the vehicle impound form. 13. Indemnification. The Contractor shall indemnify, hold harmless and defend the City, its employees and agents from, and against, all claims, damages, losses and expenses, including attorneys' fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, as a result of the fault of the Contractor, its employees, agents or subcontractors in the breach or performance of this Agreement. 14. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: 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 S1,000,000 property damage and bodily injury per occurrence 52,000,000 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 4 The insurance shall cover all operations under this Agreement, whether undertaken by Contractor, subcontractors or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 13. All insurance policies required by this paragraph 14 shall include a provision that provides that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 15. Non-Discrimination. The Contractor agrees during the term of this Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 16. Subcontractors. The Contractor shall not subcontract all or any portion of this contract without prior written approval of the City, except for assistance in emergency or unforeseen circumstances. All subcontractors shall be bound by, and covered by, all terms of this agreement. 17. Agreement Term. This Agreement shall commence on January 1, 2011, and terminate on January 15, 2012. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of both City and Contractor. This Agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 18. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this agreement. 20. Audit. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor as appropriate. 5 21. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one- half percent (1'/%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall' pay the actual amount due to the subcontractor. 22. Data Practices Act Compliance. The Contractor shall at all times abide by Minn. Stat. § 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the same is applicable to data and documents in the possession of the Contractor. 23. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 24. Contract Review. The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 25. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except if in writing and signed by all parties. 26. Claims. To receive any payment under this Agreement, the Contractor's 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." MATT'S AUTO SERVICE, INC. CITY OF EDEN PRAIRIE By G' � ts �.-i` By Its ' Its Mayor By ' zlt Its C' , M 4 ager Dated: 1/ — 3 2-- 1 G Dated: a-/ J O 6 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Rob Reynolds Master Joint Powers Agreement with the Police Department Bureau of Criminal Apprehension Requested Action Move to: Execute the new joint powers agreement which will establish a relationship between Eden Prairie and the Bureau of Criminal Apprehension and make it easier to add services in the future. Synopsis This agreement will allow us to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Power Agreement further provides the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. Attachments Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010-87 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS,the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie,Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety,Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief, Rob Reynolds, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement,James DeMann, Deputy Chief is appointed as the Authorized Representative's designee. 3. That the Attorney, Patrick Leach, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Thomas F. DeVincke, Attorney is appointed as the Authorized Representative's designee. 4. That Phil Young,the Mayor for the City of Eden Prairie, and Jay Lotthammer,the Interim City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements. ADOPTED by the City Council on December 7, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 10-5775 ITEM NO.: VIII.E. Mary Krause Approve Change Order for the Westwind Public Works/Engineering and Windward Circles' watermain replacement project. Requested Action Move to: Approve Change Order No. 1, for the Westwind and Windward Circles' watermain replacement project to Machetemes Construction, Inc. in the amount of$5,717. Synopsis The City Council awarded a construction contract to Machetemes Construction, Inc on October 19, 2010 for the Westwind and Windward Circles' watermain replacement project in the amount of $111,574.25. During removal of the existing watermain, the actual field locations did not correspond with the as-built information, resulting in additional time the contractor needed to spend locating the watermain. In addition, due to the numerous previous watermain breaks and the saturation of the underlying soils, additional Class 5 was required to stabilize the street section. The early snow also resulted in the inability to place sod, requiring the placement of temporary seed and mulch. This resulted in additional expenses for construction for a total change order amount of $5,717. Background Information The contractor will complete the project during the spring of 2011. The final work will include final turf restoration including sodding as well as repair of sprinkler systems and dog containment systems. The integrity of the paving will also be looked at due to the weather conditions when it was placed and if necessary, substandard areas will be milled out and replaced. Financial Implications The change order and amendment for the project are attached, which results in $5,717 of additional expenses. This amount in addition to the contract amount of$111,574.25 results in a total project cost of$117,291.25. The project expenses are being paid from the Utility Fund. Attachment: Attachment 1 —Machtemes Construction. Inc. Change Order CHANGE ORDER #1 Date: 11/23/2010 To: City of Eden Prairie City Project No.: I.C. 10-5775 Project Name: Windward &Westwind Circle Watermain Replacement Contractor: Machtemes Construction, Inc. Engineer: Hansen Thorp Pellinen Olson Inc. Nature of Changes: 1. Remove additional subgrade material 2. Additional crew time for locating watermain 3. Temporary seed and mulch Adjustments to Contract Price: 1. Subgrade removal 185 CY @ $18.20 $ 3,367.00 2. Additional Time 3.5 Hr @ $600.00 $ 2,100.00 3. Labor and Material Lump Sum $250.00 $ 250.00 Summary of Contract Changes: Contract Amount prior to Change Order#1 $ 111,574.25 Net Increase resulting from Change Order#1 $ 5,717.00 Current Contract Amount including Change Order#1: $ 117,291.25 THE ABOVE CHANGES ARE APPROVED: Hansen Thorp Pellinen Olson, Inc. City of Eden Prairie By By Date //-23-Za10 Date THE ABOVE CHANGES ARE ACCEPTED: Machtes Construct,on, Inc. Date /725 CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Public Meeting DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Jay Lotthammer, Office of the Public Meeting on the 2011 Budget City Manager Requested Action Move to: • Close the Public Meeting Synopsis On September 7, 2010, the Eden Prairie City Council adopted a resolution certifying the proposed 2011 City budget and property tax levy. Calculations for the City showed the budget to be $41,465,943 and the certified levy to be $32,761,605 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,600,000) is $31,161,605. The 2011 budget maintains City services with a budget increase of 1.5% in the general fund and a total budget increase of 1.3%which includes the capital levy and debt service payments. The tax levy is budgeted to increase 2% or$607,951. This is an increase of$14.00 or 1.3% on median value home of$354,050. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2009. City Council adoption of the final levy and budget will complete this process. This public meeting is to provide an opportunity for the public to comment on the 2011 proposed budget. CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community The Pointe on Lake Riley-Leu Development/Planning Rescinding Approvals Janet Jeremiah/Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution rescinding Resolution No. 2007-106 which approved the Planned Unit Development Concept Review for one lot, approved by the City Council on October 2, 2007; and • Approve lst Reading of the Ordinance rescinding Ordinance No. 25-2007-PUD-11-2007 which adopted the Planned Unit Development District Review with waivers and Zoning District Amendment within the R1-22 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Adopt the Resolution rescinding Resolution No. 2007-107 which approved the Preliminary Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on October 2, 2007; and • Adopt the Resolution rescinding Resolution No. 2007-125 which approved the Final Plat of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Adopt the Resolution authorizing the Mayor and City Manager to execute an amendment to the Development Agreement for The Pointe on Lake Riley-Leu, rescinding all of its terms. Synopsis In 2007, the Leu's purchased 3 lots and asked the City to approve a subdivision that combined the 3 lots into one lot for the purpose of building one house. In December 2007 the City Council approved The Pointe on Lake Riley—Leu subdivision. The Leu's have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as 3 individual lots,thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Since the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of rescinding The Pointe on Lake Riley-Leu project to the City Council at its November 8, 2010 meeting. The Pointe on Lake Riley-Leu Rescinding Approvals Page 2 of 2 Background Information The 2nd Reading of the Ordinance to rescind will take place under the Ordinances and Resolutions section of the agenda. Attachments 1. Resolution Rescinding the PUD Concept 2. Resolution Rescinding the Preliminary Plat 3. Resolution Rescinding the Final Plat 4. Resolution Authorizing Amendment Rescinding the terms of the Development Agreement 5. Ordinance Rescinding Ordinance 25-2007-PUD-11-2007 6. Staff Report dated November 5, 2010 7. Planning Commission Meeting minutes dated November 8, 2010 8. Original Attachments 8a. Resolution No. 2007-106 8b. Resolution No. 2007-107 8c. Resolution No. 2007-125 8d. Ordinance 25-2007-PUD-11-2007 8e. The Pointe on Lake Riley 2nd Addition Final Plat 8f. Development Agreement dated December 3, 2007 THE POINTE ON LAKE RILEY 2ND ADDITION 1142PCthere eN 60.KERst,EY 2"1eAD0. R.T.DOC.NO. p \ 10 B._ 0>t561Iuati" rit+aKlr.r.m �r car C.*Milli I n.#tteerJ..� --NOT iAN KNOW ALL PERSONS BY THESE PRESENTS.That Jetta,D.Leu and Karen M.Lea.husband end wife,owners and proprietors et\ GEMi property situated in Me County of Hennepin,Slate of Minnesota,to wit P P me following described Lots 1,2,and 3,BMck 1,The Pointe on Lake Riley. IO —\7 Have caused the same la be surveyed end platted as THE POINTE ON LAKE RILEY 2N0 ADDITION,and do hereby dedicate to the public for public use forever / dd�a�O B n / the drainage and tally easements as shown on this plat. rr- - / 6ON Cd re/ C In witness whereof said Jeffry 0 Lou and Karen M.Leuhave hereunto set their hands this I \- 2pop deY of eTwM.lAy2 w1 / / l' O "' / \ FOR PURPOSES OF THIS PLAT,THE EAST UNE OF L �0•.Al, \ G �. r/ le.i+/Y/. erg-� , a LOT 1,BLOCK THE POINTE ON LANE P.n.S JOE,O.Leu --f ,SQ / \ �� ASSUMED TO HAVE BEARING OF 524.42 J6 E. �� K mmM Lau -f 1L J 1 / \ fY'((� 0 30 60 STATE OF MINNESOTA . CbC / ` COUNTY OF I{frt /I J J 1 V(6V- / \ SCALE IN FEET • c 51�a3g 15" -A-„,--- \ d��g Thee foregoing Instrument was acknowledged before this fkg day of Rh 1As 2008,by Jeffery D.Leu and Karen M.Leu,husband -k and D.'-0 //// '\ \ <1 - Notary P I wWlnn aunty,Minnesota eEV.931]FT ,b T, \ \ \ y f f\ My Commission Expires?cGau+n.a•T o.l k�I nehe OM _ A0p / I b-p4'`'' \\ \ \ F^ \ w �. r1 \ _j l� I M1 M rlih that MN plat at THE POINTE ON LANE RILEY- D ADDITION y 1 11 f ute noun., ny 11 memafkal dates u/ ( \ (� \ _ labels correctly designated on theplait that all monuments depicted theplat t b will be correctly f within a Year as hd are ea and on the plat ihel tl II t ba d and et land f thelate of ed on the hry / \ \- \ \ \ A \ jP ()) plat.I Author certify that this plat prepared by Ina oreunder my direct t supery si°n and dthat llam a duly ed on the licensed land lat:that all surveyoblic rskinder the laws 0that Slate of h D ` 'C� I( \ /''/ \ \ \ ��336 61%u/le,� Jl'L 'R6berl L Peers,Lgensed Land Surveyor,Minnesota License Num.ISM F, \ \ ^h- f I \-\ STATE OF MINNESOTA '' \ ri,t COUNTY OF ( makkkrerr J I v / \ \ \NTt•o50O E. I_; 5T foregoing Surveyor's Certiflca acknnwled loc talon.me Mrs Lk µday of i•_�.•.... 20 by Robert L.Peters, ..Lth e,Um) / 1 �/ J \ -� C. A�%1 d 0 Rubric, Y County, fll]BERTS C4IRISTMAN V 1 \ \ cF t\ \ _ 1� e/ / MI= on it ,, I ,,,, --I \4 My Commssion Expires-Lr,v eon Ee mMo n \• „/ 1toEcfl En ) _ ,u .(.w 1D... w "'°pt ,i i \� O (� \ \ /j6 EDEN PRAIRIE.MINNESOTA h T Thisplat t THE POINTE ON LAKE RILEY 2ND AUDITION approved U pled by 1 City Council f EdenPrairie.Minnesota, 1 -Erdayo the pr 2031lt applicable the written elcnergular of ny N l ` \ i" f d oo thereof held this f comments and antler f Incth Commissioner of s F v 1 \ _\\ r 7 rf ti anspor(ation and the County Hghway Enraneer h b received by the Clly or the prescribed 30 day period has elapsed 'I d receipt of such comments /^� E d recommendations, p ovtded by MinnSI IdR Sector 505.03,Subd.2 N (, \ \.. x ya 1 \ et By co Ery M Y By Y'V I /anager u / L� '1. y/' TAXPAYER SERVICES E I f 1 MInnesota 2 I Q j I hereby cer ly that taxes pa n 2007 and prior years have been peg for land describer(on this plat,dated lilts day of 20_. \ i / a�'eA,c ��`°g ,( 6 `' Jill Amersdn coanp Auditor ny Deputy /1 \-- / I A 4y`} / \ - SURVEY DIVISION Hennepin County,Minnesota / NOS�,Lda p^f�// ‘/ Pursuant to MlNN STAT Sec.39]B.SB5(1999)DI plathas been approved this day el ,2O/ �S 1. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: / I n (NOT TO SCALE) William P.Brawn,County Surveyor by // L 0 rt r—6 U REGISTRAR OF TITLES Hennepin County.Minnesota ss,' 7 P� ___1__ _1 L__I_ ` Ihereby certify that thewithinewithin plat of THE POINTE ON LAKE RILEY 2ND ADDITION was flied In this office this day of V A a V i 1 MlchaelcH.Cunniff,Regebar of Titles by Deputy BEING 6 FEET IN NMAND ADJOINING LOT LINES, j ORDINARY M. WATER ELEV.6653 FEET UNLESS OTHERMSE INOICATEO.AND 10 FEET IN T. WATER ELEVATION: AS Le NOVEMBER 6.2007, 'HOLM AND ADJOINING RIGHT OF WAY LINES AS / i e665 a9'FEET(N 6 V D-1929) SHOWN ON THIS PLAT. .,, HIGHEST KNOWN WATER ELEVAnON: 366.7 FEET(N.G.v,0.-1929) a DENOTES 1/2 INCH IRON PIPE EOM pACCORDING TO RECORDS OF DEPT.OF NATURAL RESOURCES, STATE of MINNESOTA. � BENCHMARK: oUAD OUTLOT A AS SHOWN ELEVATION-903.17 FEET(NGV0-1929) 7 IKALLIO _ _.. Engineering THE POINTE ON LAKE RILEY-LEU CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 25-2007-PUD-11-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the R1-22 Zoning District 25-2007-PUD-11-2007 (hereinafter "PUD-11-2007-R1-22). Section 3. The City Council hereby makes the following findings: A. PUD-11-2007-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2007-R1-22 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2007-R1-22 are justified by the design of the development described therein. D. PUD-11-2007-R1-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2007, entered into between Jeffrey D. Leu and Karen M. Leu, G&L Land Investment, L.L.C. and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2007-R1-22, and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the R1-22 Zoning District and shall be included hereafter in the Planned Unit Development 11-2007-R1-22, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of October, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 3rd day of December, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A PUD Legal Description — Legal Description Before Final Plat Lots 1, 2, and 3, Block 1, The Pointe on Lake Riley Legal Description After Final Plat Lot 1, Block 1, The Pointe on Lake Riley Second Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007-125 A RESOLUTION APPROVING FINAL PLAT OF THE POINTE ON LAKE RILEY 2ND ADDITION WHEREAS, the plat of The Pointe on Lake Riley 2nd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for The Pointe on Lake Riley 2nd Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated December 03, 2007. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on December 03,2007. Phil Young, Mayor ATTEST: SEAL Kathleen Porta, City Clerk THE POINTE ON LAKE RILEY-LEU CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-107 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE POINTE ON LAKE RILEY-LEU FOR JEFFREY AND KAREN LEU BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of The Pointe on Lake Riley—Leu for Jeffrey and Karen Leu stamp dated September 25, 2007, and consisting of two acres into one lot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of October, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk THE POINTE ON LAKE RILEY-LEU CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007-106 A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE POINTE ON LAKE RILEY-LEU FOR JEFFREY AND KAREN LEU WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on September 10, 2007, on The Pointe on Lake Riley - Leu by Jeffrey and Karen Leu and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on October 2, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The Pointe on Lake Riley- Leu,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 25, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission September 10, 2007. ADOPTED by the City Council of the City of Eden Prairie this 2nd day of October, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- (The Pointe on Lake Riley - Leu) Legal Description: Lot 1, Lot 2, and Lot 3, Block 1, The Pointe on Lake Riley, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE POINTE ON LAKE RILEY-LEU RESCINDING THE AMENDMENT IN ITS ENTIRETY WHEREAS, Jeffery D. Leu and Karen M. Leu have received City Council approval for The Pointe on Lake Riley-Leu for one single-family lot located at 9092, 9100, and 9108 Stephen Pointe, more fully described in the Amendment to Development Agreement dated December 3, 2007; and WHEREAS, the Property owners request that the amendment to the Development Agreement for The Pointe on Lake Riley-Leu be rescinded; and WHEREAS, the Planning Commission did conduct a public hearing and recommended that the amendment to the Development Agreement for The Pointe on Lake Riley-Leu be rescinded at its November 8, 2010 meeting; and WHEREAS,the City Council did consider the request on December 7, 2010. NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Council hereby authorizes the Mayor and City Manager to execute the Second Amendment to the Development Agreement which rescinds the amendment to the Development Agreement for The Pointe on Lake Riley-Leu dated December 3, 2007, in its entirety. ADOPTED by the Eden Prairie City Council on the 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,NOVEMBER 8, 2010 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt and Pitzrick were absent. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Schultz, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON OCTOBER 11, 2010 MOTION by Kirk, seconded by Schultz, to approve the minutes. Motion carried 3-0. Kirk and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. THE POINTE ON LAKE RILEY—LEU RESCINDING APPROVALS (2010-06)by Karen Leu and Jeffery Leu Location: 9092, 9100 and 9108 Stephens Pointe Request to rescind the: • Resolution for PUD Concept Review on 2 acres • Ordinance for PUD District Review with waivers and Zoning Amendment in the R1-22 Zoning District on 2 acres • Resolution for Preliminary Plat of 2 acres into one lot • Resolution for Final Plat of 2 acres into one lot • Development Agreement Franzen stated in 2007, the Leu's purchased the three lots and asked the City to approve a subdivision that combined the three lots into one lot for the purpose of building one house. In December 2007, the City Council approved The Pointe on Lake Riley-Leu subdivision. The Leu's have decided not to build the house and would like to rescind the one lot subdivision so the property can be sold as three individual lots, thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Staff recommendation is for approval. Stoltz opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Wuttke, to recommend approval of the rescinding of the Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning Amendment in the R1-22 Zoning District on 2 acres, Resolution for Preliminary Plat of 2 acres into one lot, Resolution for Final Plat of 2 acres into one lot, and Development Agreement based on plans stamped dated October 8, 2010, and the staff report dated November 5, 2010. Motion carried 5-0. STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: November 5, 2010 SUBJECT: Rescind the Approvals for The Pointe on Lake Riley-Leu APPLICANT/ OWNER: Jeffery Leu and Karen Leu LOCATION: 9092, 9100, and 9108 Stephens Pointe REQUEST: Rescind the following approvals: • Resolution for PUD Concept Review on 2 acres. • Ordinance for PUD District Review with waivers and Zoning District Amendment within the R1-22 Zoning District on 2 acres. • Resolution for Preliminary Plat of 2 acres into 1 lot. • Resolution for Final Plat of 2 acres into 1 lot. • Development Agreement BACKGROUND This is a continued item from the October 11, 2010 meeting. The proponent was not able to attend the meeting. In 2007, the Leu's purchased 3 lots and asked the City to approve a subdivision that combined the 3 lots into one lot for the purpose of building one house. In December 2007 the City Council approved The Pointe on Lake Riley—Leu subdivision. The Leu's have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as 3 individual lots,thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Since the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. STAFF RECOMMENDATION Recommend approval of the following request: • Rescind the Resolution for PUD Concept Review on 2 acres. • Rescind the Ordinance for PUD District Review and Zoning District Amendment within the R1-22 Zoning District on 2 acres. Staff Report—The Pointe on Lake Riley-Leu Rescinding Approvals November 5, 2010 Page 2 • Rescind the Resolution for Preliminary Plat of 2 acres into 1 lot. • Rescind the Resolution for Final Plat of 2 acres into 1 lot. • Rescind the Development Agreement dated December 3, 2007. THE POINTE ON LAKE RILEY—LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, RESCINDING ORDINANCE NO. 25-2007-PUD-11-2007 WHICH AMENDED THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated to rescind the action taken by the City Council adopting Ordinance No. 25-2007-PUD-11-2007 which amended the land within the R1- 22 Zoning District for a one single-family lot subdivision. Section 3. The land shall no longer be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2007, entered into between Jeffery D. Leu and Karen M. Leu, and the City of Eden Prairie, (hereinafter "Development Agreement"). Section 4. Rescission of Ordinance 25-2007-PUD-11-2007 is hereby adopted, restoring zoning of the land to its status before adoption of Ordinance 25-2007-PUD-11-2007 by the City. Section 5. 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 6. 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 7th day of December, 2010, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of December, 2010. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on . EXHIBIT A Lot 1, Block 1, THE POINTE ON LAKE RILEY 2ND ADDITION, Hennepin County, MN. THE POINTE ON LAKE RILEY-LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE POINTE ON LAKE RILEY-LEU RESCINDING IT IN ITS ENTIRETY WHEREAS, Jeffery D. Leu and Karen M. Leu have received City Council approval for The Pointe on Lake Riley-Leu for one single-family lot located at 9092, 9100, and 9108 Stephen Pointe, more fully described in the Development Agreement dated December 3, 2007; and WHEREAS, the Property owners request that the Development Agreement for The Pointe on Lake Riley-Leu be rescinded; and WHEREAS, the Planning Commission did conduct a public hearing and recommended that the Development Agreement for The Pointe on Lake Riley-Leu be rescinded at its November 8, 2010 meeting; and WHEREAS,the City Council did consider the request on December 7, 2010. NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Council hereby authorizes the Mayor and City Manager to execute an Amendment to the Development Agreement rescinding the Development Agreement for The Pointe on Lake Riley-Leu dated December 3, 2007, in its entirety ADOPTED by the Eden Prairie City Council on the 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk THE POINTE ON LAKE RILEY-LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- A RESOLUTION RESCINDING RESOLUTION 2007-125 WHICH APPROVED THE FINAL PLAT OF THE POINTE ON LAKE RILEY 2ND ADDITION WHEREAS, the final plat of The Pointe on Lake Riley 2nd Addition for one single family lot was approved by City Council, Resolution No. 2007-125 on December 3, 2007; WHEREAS, the final plat of The Pointe on Lake Riley 2nd Addition has not been recorded at Hennepin County; WHEREAS, the Property owners request that the final plat of The Pointe on Lake Riley 2nd Addition be rescinded; WHEREAS, the Planning Commission did conduct a public hearing and recommended that the final plat of The Pointe on Lake Riley 2nd Addition be rescinded at its November 8, 2010 meeting; and WHEREAS,the City Council did consider the request on December 7, 2010. NOW, THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2007-125, approved by the City Council on December 3, 2007 is hereby rescinded thus restoring the Property to its status before the final plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk THE POINTE ON LAKE RILEY-LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- RESOLUTION RESCINDING RESOLUTION 2007-107 WHICH APPROVED THE PRELIMINARY PLAT OF THE POINTE ON LAKE RILEY-LEU BE IT RESOLVED,by the Eden Prairie City Council as follows: WHEREAS,the preliminary plat of The Pointe on Lake Riley-Leu for one single family lot was approved by City Council, Resolution No. 2007-107 on October 2, 2007; WHEREAS, the Property owners request that the preliminary plat of The Pointe on Lake Riley-Leu be rescinded; WHEREAS,the Planning Commission did conduct a public hearing and recommended that the preliminary plat of The Pointe on Lake Riley-Leu be rescinded at its November 8,2010 meeting; and WHEREAS,the City Council did consider the request on December 7, 2010. NOW,THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution 2007-107,approved by the City Council on October 2,2007 is hereby rescinded, thus restoring the Property to its status before the preliminary plat approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk THE POINTE ON LAKE RILEY—LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2010- A RESOLUTION RESCINDING RESOLUTION 2007-106 WHICH APPROVED THE PLANNED UNIT DEVELOPMENT CONCEPT OF THE POINTE ON LAKE RILEY—LEU BE IT RESOLVED,by the Eden Prairie City Council as follows: WHEREAS,the Planned Unit Development Concept of The Pointe on Lake Riley-Leu for one single-family lot was approved by City Council Resolution No. 2007-106 on October 2, 2007; and WHEREAS, the Property owners request that the Planned Unit Development Concept of The Pointe on Lake Riley-Leu be rescinded; WHEREAS,the Planning Commission did conduct a public hearing and recommended that the Planned Unit Development Concept of The Pointe on Lake Riley-Leu be rescinded at its November 8, 2010 meeting; and WHEREAS,the City Council did consider the request on December 7, 2010. NOW,THEREFORE BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: Resolution No. 2007-106, approved by the City Council on October 2, 2007 is hereby rescinded, thus restoring the Property to its status before the Planned Unit Development Concept approval was granted by the City. ADOPTED by the Eden Prairie City Council on the 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen A. Porta, City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT THE POINTE ON LAKE RILEY -LEU THIS AMENDMENT TO DEVELOPMENT AGREEMENT("Amendment")is entered into as of December 3, , 2007,by Jeffery D. Leu and Karen M. Leu,husband and wife,hereinafter referred to as "Leus," their successors and assigns, G&L Land Investment, L.L.C. a Minnesota limited liability company(hereinafter referred to as"G&L")and the CITY OF EDEN PRAIRIE,a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, G&L and the City of Eden Prairie entered into that certain Development Agreement Pointe At Lake Riley, dated June 21, 2005, filed as Document No. 4137447 on July 19, 2005, (hereinafter the "Development Agreement"). The Development Agreement affects real property legally described as Lots 1, 2, 3, and 4, Block 1, and Outlots A and B, The Pointe On Lake Riley (the "Existing Development Property"),. WHEREAS,Leus have applied to City for Planned Unit Development Concept Review on 2 acres, Planned Unit Development District Review with waivers on 2 acres, Zoning District Amendment within the R1-22 Zoning District on 2 acres, and Preliminary Plat of 2 acres into 1 lot, for that part of the Existing Development Property legally described on Exhibit A attached hereto (the "Property"). WHEREAS, the parties desire to amend the Development Agreement as it applies to the Property and are entering into this Amendment for that purpose. WHEREAS,it is agreed that G&L shall continue to be responsible for all of its obligations as the "Developer" under the Development Agreement, except for those obligations that are expressly assumed by the Leus in this Amendment. NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated in and made a part of this Amendment,and in consideration of the City adopting Resolution No.2007- 106 for Planned Unit Development Concept Review, Ordinance No. 25-2007-PUD-11-2007 for Planned Unit Development District Review and Zoning District Amendment within the R1-22 Leu/AmendmenttoDevAgmt-C1ean111907 1 Zoning District on 2 acres, and Resolution No.2007-107 for Preliminary Plat, it is agreed to construct, develop and maintain the Property as follows: 1. PLANS: Leus shall develop the Property in conformance with the materials revised and stamp dated September 25,2007,reviewed and approved by the City Council on October 2, 2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. ABANDONMENT OF SANITARY SEWER AND WATER SERVICES: Prior to issuance of an occupancy permit, the sewer and water services that are not to be utilized shall be abandoned as indicated on the Plans in accordance with the requirements of the Engineering Division. A permit for this work must be obtained from the Engineering Division prior to beginning the work. 3. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Leus agree that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Leus shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Leus shall certify to the City that the Stormwater Facilities conform to the Plans and that the Stormwater Facilities are functioning in accordance with the approved plans. Leus shall employ the design professional who prepared the Plans. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips,curbless parking lot islands,parking lot islands with curb-cuts,traffic islands, tree box filters,bioretention systems or infiltration trenches)shall be maintained by the Leus during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Property. Leu/AmendmenttoDevAgmt-Clean 111907 2 Leus shall employ the design professional who prepared the Plans to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm water Manual"dated November 2005,the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants,re-mulching of void areas,replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand or as permitted by the preceding paragraph. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Leus shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond,Leus shall complete implementation of the approved SWPPP. 4. PROVISION OF AS-BUILT DRAWING: Upon completion of the grading for the Property, Leus shall submit to the Engineering Division a mylar drawing of the revised profile over the public storm sewer within Lot 1 of the Property. 5. PUBLIC USE OF STREETS: All the private streets (but not driveways) are open to the use of the public as a matter of right for the purposes of vehicular traffic as defined in Minnesota Statues 169.01, Subd. 29. Leu/AmendmenttoDevAgmt-C1ean111907 3 6. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the R1-22 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD . A waiver from the requirement for 90 feet of frontage on a public street to 0 feet of street frontage. 7. TREE LOSS - TREE REPLACEMENT: There are 656 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 77 diameter inches. Tree replacement required is 57 caliper inches.Prior to the issuance of any grading permit for the Property, G&L shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 57 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein, Leu shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. 8. WETLAND PLAN: A. Wetland Plan: A Wetland Plan has been submitted and approved by the Environmental Coordinator in connection with the Development Agreement. G&L shall remain and be responsible for compliance with paragraphs 15, A, B and E of the Development Agreement. B. Conservation Easement: Prior to release of the final plat for the Property,Leus and the City shall execute an Amendment to Conservation/Scenic Easement in the form attached hereto as Exhibit D. After execution by the City, Leus shall file the Amendment to Conservation/Scenic Easement with the Hennepin County Recorder/Registrar of Title as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Leus or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property,Leus shall submit to the Environmental Coordinator proof that the Amendment to Conservation/Scenic Easement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office. Leu/AmendmenttoDevAgmt-C1ean111907 4 C. Wetland Buffer Strip Monuments: Prior to release of the first building permit for any portion of the Property, and prior to recording of any document affecting the property, including any mortgage granted by the Developer or owners, their successors and/or assigns, G&L shall install all wetland buffer strip monuments for the property as required by the Development Agreement. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The post shall be a fiberglass reinforced composite post with a maximum size of 4 inch by 4 inch(4"x 4")that states"Wetland Buffer:No Mowing Allowed". The post shall be mounted to a height of a minimum of four feet above grade set at least 42 inches in the ground. The bottom of the post must be fitted with an anchor attachment that would expand upon attempted removal. Removal of the wetland buffer strip monuments is prohibited. 9. REAFFIRMATION OF DEVELOPMENT AGREEMENT AND INCORPORATION OF EXHIBITS: G&L agrees to and reaffirms all of the terms and conditions and accepts the obligations of"Developer" under the Development Agreement except as inconsistent with or amended by this Supplement. The Development Agreement shall remain in full force and effect in all of its terms and conditions, as amended by this Amendment. G&L shall be solely responsible for all of its obligations as the "Developer"under and pursuant to the Development Agreement and for any additional obligations assumed by G&L pursuant to the terms of this Amendment. Leus are responsible for and have assumed only those obligations and liabilities expressly assumed by them in accordance with the terms of this Amendment. By executing this Amendment, the Leus do not assume responsibility for any preexisting obligations arising under the Development Agreement,it being agreed that G&L shall be solely responsible for all such preexisting obligations, as the same may be amended by this Amendment. G&L consents to this Amended Development Agreement. G&L further agrees that it shall remain responsible for compliance with all requirements of the Development Agreement that are not herein expressly assumed by Leus. Leus agree and do hereby grant G&L the reasonable right of entry and access onto the Property for completion of all requirements of the Development Agreement as amended by this Amended Development Agreement,Riley- Purgatory-Bluff Creek Watershed District Permit 2005-17 dated June 1,2005 and U.S.Army Corps of Engineers Permit 2005-4349-JJY dated February 24, 2006. All such entry and access by G&L shall be conducted in a manner that will cause the least possible damage to the Property; and G&L shall fully restore any damage to the Property resulting from such entry and access. Exhibits A, B, C and D attached hereto are incorporated in and made a part of this Amendment. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Leu/AmendmenttoDevAgmt-C1ean111907 5 By Jeffrey D. Leu Phil Young Its Mayor By_ Karen M. Leu Scott H. Neal Its City Manager G&L Land Investment, L.L.C. a Minnesota limited liability company By Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this_day of ,2007,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 Leu/AmendmenttoDevAgmt-C1ean111907 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by Jeffery D. Leu and Karen M. Leu, husband and wife. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by , the Chief Manager of G&L Land Investment, L.L.C., a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Leu/AmendmenttoDevAgmt-C1ean111907 7 EXHIBIT A DEVELOPMENT AGREEMENT -THE POINTE ON LAKE RILEY--LEU Legal Description Before Final Plat Lots 1, 2, and 3, Block 1, The Pointe on Lake Riley Legal Description After Final Plat Lot 1, Block 1, The Pointe on Lake Riley Second Addition Leu/AmendmenttoDevAgmt-C1ean111907 A-1 EXHIBIT B DEVELOPMENT AGREEMENT -THE POINTE ON LAKE RILEY--LEU Preliminary Plat& Existing Conditions dated 09/04/07 by Kallio Engineering Grading, Drainage, Erosion Control, & Tree Preservation Plan dated 09/04/07 by Kallio Engineering Leu/AmendmenttoDevAgmt-C1ean111907 B-1 EXHIBIT C DEVELOPMENT AGREEMENT — THE POINTE ON LAKE RILEY—LEU All references in this Exhibit C to"Developer" shall mean and refer to Jeffery D. Leu and Karen M. Leu. All references in this Exhibit C to G&L shall mean and refer to G&L Land Investment, LLC, a Minnesota limited liability company. I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: Leu/AmendmenttoDevAgmt-C1ean111907 C-1 A. That Developer has marketable fee title free and clear of all mortgages and liens. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That to the best of Developer's knowledge,no previous owner,operator or possessor of the Property deposited, stored, disposed of,placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were,or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,G&L shall have paid to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. To the extent acceptable plans have not previously been submitted by G&L in connection with development of the Existing Development Property, Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or Leu/AmendmenttoDevAgmt-C1ean111907 C-2 rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, G&L shall have permanently demarcated the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement and execution by the City, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) Leu/AmendmenttoDevAgmt-C1ean111907 C-3 days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City, G&L and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. Leu/AmendmenttoDevAgmt-C1ean111907 C-4 EXHIBIT D DEVELOPMENT AGREEMENT - THE POINTE ON LAKE RILEY--LEU AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT TO CONSERVATION/SCENIC EASEMENT ("Amendment")is made this day of ,2007 by and between ,hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A,attached hereto and made a part hereof,and said land hereinafter referred to as "the Property", WHEREAS,Grantor has marketable title to the Property,free and clear of all liens,mortgages, and encumbrances, except: a. Terms and conditions of that certain Development Agreement by and between the City of Eden Prairie and the Developer, G & L Land Investment, LLC, a Minnesota limited liability company, filed July 19, 2005, as Document No. 4137447. b. Conservation/Scenic Easement, as contained in Document No. 4239350. c. Terms and conditions of Agreement Regarding Special Assessments dated 3-15-2006, filed 4-21-2006, as Document No. 4249579. d. Terms and Conditions of Cross Access/Maintenance Agreement dated 3-20-2006,filed 4- 21-2006, as Document No. 4249580. e. Terms and conditions of Declaration of Easements, Covenants, Conditions and Restrictions for The Pointe on Lake Riley ("Pointe"), dated 4-28-2006, filed 6-30-2006, as Document No. 4277592. f. Utility and drainage easements as shown on the recorded plats of The Pointe on Lake Riley and The Pointe on Lake Riley Second Addition. g. Rights of the public and the State of Minnesota in and to that portion of the Property lying below the natural high water mark of Lake Riley. h. Pending special assessments for Riley Lake improvements. WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the"Easement Area",attached hereto..The Property is subject to the easements and restrictions established the Conservation/Scenic Easement Pointe at Lake Riley, dated March 20, Leu/AmendmenttoDevAgmt-C1ean111907 D-1 2006, and filed for record March 24, 2006, as Hennepin County Registrar of Titles Document No. 4239350 (the"Easement Agreement"). WHEREAS,the Easement Agreement also encumbers Lot 4,B lock 1,The Pointe on Lake Riley ("Lot 4"). WHEREAS, Grantor and the City have agreed to amend the Easement Agreement as stated below, and are entering into this Amendment for that purpose. NOW, THEREFORE, Grantor and the City agree the Easement Agreement is amended as follows: 1. The City agrees that paragraph 2F of the Easement Agreement shall hereafter apply only to Lot 4. The Property shall not be subject to any of the terms, covenants, conditions or restrictions stated in paragraph 2F of the Easement Agreement. 2. The following new subparagraphs are added to paragraph 2 of the Easement Agreement: G. Grantor may,no more than once per calendar year,remove sediment caused by stormwater drainage into a stormwater ponding area. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement. H. One Lake Access Path may be constructed for the Property from an area outside the Easement Area to Lake Riley, subject to the following restrictions: i. The path may be no wider than ten(10)feet. ii. The path may have up to a 2 foot maintenance strip on either side of the path. iii. The path may traverse a width of no more than eighteen (18) feet in width as it proceeds from beginning to end. iv. The path may not be located in the side yard setback. v. The path may include mowed grass. vi. The path may not remove significant trees. vii. The path may not have side rails, unless required by building code. viii. The path may have steps and/or a lift built where the grade of the path exceeds 15 percent, providing it is not filling a wetland area. Construction materials must be of composite,treated lumber,plastic or cedar. No filling of wetlands for construction of the Lake Access Path is allowed. The Lake Access Path construction is subject to the following restrictions: Leu/AmendmenttoDevAgmt-C1ean111907 D-2 i. Where the Lake Access Path does not cross a wetland area,the path may be covered in wood chips,but not improved with any other material. ii. Where the Lake Access Path does cross a wetland area,the path must be a raised boardwalk. iii. Boardwalks and dock sections within wetland areas shall be a minimum of 6 inches above the ground and must be constructed of composite, treated lumber,plastic or cedar. Post and beam sizing and spacing shall be as required by building code. I. Exhibit C attached hereto replaces Exhibit C to the Easement Agreement, as it affects the Property described in Exhibit A attached to this Amendment. Wetland buffer monuments must be placed at the boundaries of the wetland buffer strip shown on Exhibit C. Removal of wetland buffer monuments is not allowed. The original Exhibit C attached to the Easement Agreement shall remain in effect with respect to Lot 4. 2. This Amendment is incorporated in and made a part of the Easement Agreement. All words and phrases defined in the Easement Agreement shall, when used in this Amendment,have the same meanings stated in the Easement Agreement unless the context clearly requires a different meaning, including that all references in this Amendment to the"Grantor"shall mean and refer to Jeffery D.Leu and Karen M. Leu, and not the Grantor named in the Easement Agreement, and all references in this Amendment to the Property shall mean and refer only to the Property as legally described in Exhibit A hereto,and shall not include Lot 4 or any other land subject to the Easement Agreement. The Easement Agreement shall remain in effect in all of its terms and conditions,as amended by this Amendment. By executing this Amendment,the City does not intend to release Lot 4 from any of the terms,covenants or conditions of the Easement Agreement; all of which shall remain in full force and effect with respect to Lot 4. 3. Grantor acknowledges and agrees that the Property is subject to all of the terms and conditions of the Easement Agreement,as modified by this Amendment. Grantor agrees to maintain the Easement Area as it affects the Property in accordance with the provisions stated in this Amendment. 4. The duration of the Easement Agreement as amended by this Amendment is perpetual and shall bind and inure to the benefit of Grantor and the City and their respective successors and assigns. The provisions of the Easement Agreement and this Amendment shall run with the title to the Property and be enforceable against Grantor and Grantor's successors in title to the Property. 5. Nothing contained in the Easement Agreement or this Amendment shall impair any right of the City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. Leu/AmendmenttoDevAgmt-C1ean111907 D-3 IN WITNESS WHEREOF,the parties to this Amendment have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED _ By NOT TO BE SIGNED Phil Young Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Jeffery D. Leu and Karen M. Leu, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Leu/AmendmenttoDevAgmt-C1ean111907 D-4 EXHIBIT A "THE PROPERTY" Legal Description Before Plat of The Pointe on Lake Riley Second Addition: Lots 1, 2 and 3, Block 1, The Pointe on Lake Riley, Hennepin County, Minnesota. Legal Description After Plat of The Pointe on Lake Riley Second Addition: Lot 1, Block 1, The Pointe on Lake Riley Second Addition, Hennepin County, Minnesota. Leu/AmendmenttoDevAgmt-C1ean111907 D-5 EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA Leu/AmendmenttoDevAgmt-Cleanl 11907 D-6 EXHIBIT C DRAWING DEPICTING BOUNDARIES OF WETLAND BUFFER STRIP Leu/AmendmenttoDevAgmt-Cleanl 11907 D-7 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Office of the City Manager/ Fee Schedule Ordinance Finance, Sue Kotchevar Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls. Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an"Official Control" as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachment Proposed Ordinance Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. XX-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in it's entirely the "Fee Schedule for Administration of Official Controls" with the 2011 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION Building Permit-Valuation $1 to $500 $35.00 $501 to $2,000 $35.00 1st$500 plus $3.85 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $92.75 1st$2,000 plus $17.60 each add'l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $497.55 1st$25,000 plus $12.90 each add'l $1,000 or fraction thereof,to & including$50,000 $50,001 to $100,000 $820.05 1st$50,000 plus $9.00 each add'l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,270.05 1st $100,000 plus $7.20 each add'l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,150.05 1st$500,000 plus $5.95 each add'l $1,000 or fraction thereof,to & including $1,000,000 $1,000,001 &up $7,125.05 1st$1,000,000 plus $4.80 each add'l $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee Reinspection $50.00 Per hour Investigation Fee—work Equal to amount of permit started w/o a peunit fee Demolishing or Razing $100.00 Buildings—Commercial Building Demolishing of Razing $35.00 Buildings - House Demolishing or Razing $35.00 Buildings - Garage Demolishing or Razing $35.00 Buildings —Accessory Building Demolishing or Razing $35.00 Buildings - Interior Demo Demolishing or Razing $35.00 Buildings—Exterior Demo Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, $11,500.00 Per acre Industrial r.U,EMOPLON.T k ; A , .�, iKIMEOMMAYE Community Development Deposit 0 to 40 Acres $3,900.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning,platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $4,240.00 81+acres $4,800.00 Guide Plan Charge $670.00 Plus $5.00 per acre Planned Unit $730.00 Plus $5.00 per acre Development (P.U.D) Fee Planned Unit $730.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $480.00 Plus $5.00 per unit 2 SERVICE FEE DESCRIPTION Residential-11 or more $590.00 Plus $5.00 per unit Commercial, Industrial, $480.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $605.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review Administrative $330.00 Site Plan Review (City Council) Multi-Family-0 to 10 $475.00 Plus $5.00 per unit units Multi-Family-11 or $580.00 Plus $5.00 per unit more units Commercial, Industrial, $475.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $580.00 Plus $25.00 per acre Office, Public-3.1 or more acres Commercial,Industrial, Office,Public 0-3 acres $480.00 Plus $25.00 per acre 3.1 or more acres $595.00 Plus $25.00 per acre Residential 0-10 units $480.00 Plus $5.00 per unit 11 or more units $595.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $85.00 public waters Change in structure in $85.00 public waters Multiple dock or dock $85.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $260.00 Appeal to Board of Adjustments and Appeals Variances Residential $355.00 Includes residential zoned properties for new construction, building additions, decks,porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $580.00 Includes variances associated with properties zoned office, industrial, 3 SERVICE FEE DESCRIPTION commercial and residential Variances Building or $230.00 Fire Code Appeal Commercial Wireless Communications towers and/or antennas Administrative $255.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City Variances required for See Development Fees tower and/or antennas Site Plan Review See Development Fees required for tower and/or antennas ENGI2YEERINGA E , s.-h.�.. .. .. _.. . .. ..�. ...___. t„,. .<T ,!. _ ... -. .,. J,. .3 1.{..,,..._1 E ,., .i ... � ..�n i.<< ,f:,. 1..,7rya ,.,a E•�x,r � Environmental $315.00 Plus $5.00 acre Assessment Worksheet (E.A.W.) Excavation & Grading—Grading Permit Fee 101 to 1,000 cubic yards $49.00 1st 100 cubic yards, plus $23.11 for each add'l 100 cubic yards or fraction thereof 1,001 to 10,000 cubic $257.00 1st 1,000 cubic yards,plus $19.77 for yards each add'l 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $435.00 1st 10,000 cubic yards, plus $88.00 for yards each add'l 10,000 cubic yards or fraction thereof 100,001 or more $1,227.00 1st 100,000 cubic yards, plus $45.00 for each add'l 10,000 cubic yards or fraction thereof Reinspection fee $68.00 Each *The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review $39.00* Per hour/Minimum charge is one half fees hour required by changes, additions or revisions to approve plans Inspections outside $68.00* Per hour/Minimum charge is two hours normal business hours Inspection for which no $68.00* Per hour/Minimum charge is one half fee is specifically hour indicated 4 SERVICE FEE DESCRIPTION Additional plan review $68.00* Per hour/Minimum charge is one half required for changes, hour additions, or revisions to approved plans Excavation & Grading—Plan Checking Fee 101 to 1,000 cubic yards $49.00 1,001 to 10,000 cubic $67.00 yards 10,001 to 100,000 cubic $67.00 1St 10,000 cubic yards,plus $33.55 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 $369.00 1St 100,000 cubic yards,plus $18.55 for cubic yards each add'l 10,000 cubic yards or fraction thereof 200,001 cubic yards or $536.00 1st 200,000 cubic yards, plus $9.00 for more each add'1 10,000 cubic yards or fraction thereof Additional plan review $39.00 Per hour/Minimum charge is one half fees hour, required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $306.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs Up to30sgftinsize $75.00 31 sq ft through 50 sq ft $95.00 in size 51 sq ft through 80 sq ft $115.00 in size 81 sq ft or over $145.00 Charge for returning $15.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure 5 SERVICE FEE DESCRIPTION improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $60.00 Per unit/Minimum $320.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, $146.00 Per acre/Minimum $320.00 Office and Public Administrative Land $77.00 Division LGU Review Min. Payment is $160. $85.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. The deposit , or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit $3,700.00 agreement is required for wetland alteration, wetland replacement, 6 SERVICE FEE DESCRIPTION wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review Single Family $170.00 Residential Site Review or $1,060.00 Development Review Section 2. Ordinance No. XX-2010 is repealed effective January 1, 2011. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2011 for calendar year 2011. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7thday of December, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of December, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on 7 2011 Ordinances Changes %Change SERVICE DESCRIPTION 2009 2010 2011 10 to 11 BUILDING INSPECTIONS DEVELOPMENT Community Development Deposit 0 to 40 acres A development deposit agreement is required for planned unit developments,planned unit 3,700.00 3,800.00 3,900.00 2.6% development amendments,rezoning,platting,site plan review,guide plan changes and environmental assessment worksheets. 41 to 80 acres 4,040.00 4,140.00 4,240.00 2.4% 81+acres 4,610.00 4,700.00 4,800.00 2.1% Guide Plan Charge Plus$5.00 per acre 630.00 650.00 670.00 3.1% Planned Unit Development(P.U.D.)Fee Plus$5.00 per acre 690.00 710.00 730.00 2.8% Planned Unit Development Amendment Plus$5.00 per acre 690.00 710.00 730.00 2.8% Platting Residential-0 to 10 units Plus$5.00 per unit 450.00 465.00 480.00 3.2% Residential-11 or more units Plus$5.00 per unit 560.00 575.00 590.00 2.6% Commercial,Industrial,Office,Public-0 to 3 acres Plus$25.00 per acre 450.00 465.00 480.00 3.2% Commercial,Industrial,Office,Public-3.1 or more acres Plus$25.00 per acre 575.00 590.00 605.00 2.5% Site Plan Review Administrative 310.00 320.00 330.00 3.1% Site Plan Review(City Council) Multi-Family-0 to 10 units Plus$5.00 per unit 445.00 460.00 475.00 3.3% Multi-Family-11 or more units Plus$5.00 per unit 550.00 565.00 580.00 2.7% Commercial,Industrial,Office,Public-0 to 3 acres Plus$25.00 per acre 445.00 460.00 475.00 3.3% Commercial,Industrial,Office,Public-3.1 or more acres Plus$25.00 per acre 565.00 565.00 580.00 2.7% ZONING Commercial,Industrial,Office,Public 0-3 acres Plus$25.00 per acre 450.00 465.00 480.00 3.2% 3.1 or more acres Plus$25.00 per acre 565.00 580.00 595.00 2.6% Residential 0-10 units Plus$5.00 per unit 450.00 465.00 480.00 3.296 11 or more units Plus$5.00 per unit 565.00 580.00 595.00 2.6% Shoreland Management Ordinance Permits Temporary structure in public waters 75.00 80.00 85.00 6.3% Change in structure in public waters 75.00 80.00 85.00 6.3% Multiple dock or dock excess of 75' 75.00 80.00 85.00 6.396 Page 1 of 4 2011 Ordinances Changes %Change SERVICE DESCRIPTION 2009 2010 2011 10 to 11 Zoning Amendment and Zoning Appeal Zoning amendment Appeal to Board of Adjustments and Appeals 240.00 250.00 260.00 4.0% Variances Residential Includes residential zoned properties for new construction,building additions,decks,porches, 335.00 345.00 355.00 2.9% garages,accessory structures and variances from all chapters of the City Code Variances Other 550.00 565.00 580.00 2.7% Includes variances associated with properties zoned office,industrial,commercial and residential ENGINEERING Environmental Assessment Worksheet(E.A.W.) Plus$5.00 acre 300.00 310.00 315.00 1.6% Excavation&Grading-Grading Permit Fee 101 to 1,000 cubic yards 1st 100 cubic yards plus$23.11for each add!100 cubic yards or fraction thereof $46.00 47.00 49.00 4.396 1,001 to 10,000 cubic yards 1st 1,000 cubic yards plus$19.77 for each add!1,000 cubic yards or fraction thereof $242.00 250.00 257.00 2.895 10,001 to 100,000 cubic yards 1st 10,000 cubic yards,plus$88.00 for each add'!10,000 cubic yards or fraction thereof $410.00 422.00 435.00 3.196 100,001 or more 1st 100,000 cubic yards,plus$45.00 for each add'I 10,000 cubic yards or fraction thereof $1,157.00 1,192.00 1,227.00 2.9% Reinspection fee Each $64.00 66.00 68.00 3.0% **The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction.This cost shall include supervision, overhead,equipment,hourly wages and fringe benefits of the employees involved. Additional plan review fees Per hour/Minimum charge is one half hour required by changes,additions or revisions to approve $37.00 38.00 39.00 2.6% plans Inspections outside normal business hours Per hour/Minimum charge is two hours $64.00 66.00 68.00 3.0% Inspection for which no fee is specifically indicated Per hour/Minimum charge is one half hour $64.00 66.00 68.00 3.0% Additional plan review required for changes,additions,or revisions to Per hour/Minimum charge is one half hour $64.00 66.00 68.00 3.0% approved plans Page 2 of 4 2011 Ordinances Changes %Change SERVICE DESCRIPTION 2009 2010 2011 10 toll Excavation&Grading-Plan Checking Fee 101 to 1,000 cubic yards $46.00 47.00 49.00 4.3% 1,001 to 10,000 cubic yards $63.00 65.00 67.00 3.1% 10,001 to 100,000 cubic yards 1st 10,000 cubic yards,plus$33.55 for each add!10,000 cubic yards or fraction thereof $63.00 65.00 67.00 3.1% 100,001 to 200,000 cubic yards 1st 100,000 cubic yards,plus$18.55 for each add'1 10,000 cubic yards or fraction thereof $348.00 358.00 369.00 3.1% 200,001 cubic yards or more 1st 200,000 cubic yards,plus$9.00 for each add!10,000 cubic yards or fraction thereof $505.00 520.00 536.00 3.1% Additional plan review fees Per hour/minimum charge is one half hour,required by changes,additions or revisions to $37.00 38.00 39.00 2.696 approve plans Public Right-of Way or Easement Vacation Application Fee $288.00 297.00 306.00 3.0% Per transaction/for vacating the City's interest in real property,including right-of-way and easement's(for consultation,review,notice mailing,publication of notice and recording) Signs Up to 30 square feet in size $64.00 70.00 75.00 7.1% 31 square feet through 50 square feet in size $85.00 90.00 95.00 5.6% 51 square feet through 80 square feet in size $106.00 110.00 115.00 4.5% 81 square feet or over $133.00 140.00 145.00 3.6% Engineering-Land Development Services For consultants,utility and street plans and specifications,general and final inspections of improvements and special assessment division Final Plan Review,Contract Administration,and Inspection Review 5%multiplied by the total construction cost Not applicable to projects built by City through special assessment.Costs include public infrastructure improvements(excluding grading costs),subject to approval by City Engineer payable prior to startup. Final Plat Residential - Per unit/Minimum$320.00plus cost of review by special assessment.Costs include public $57.00 59.00 60.00 1.7% infrastructure improvements(excluding grading costs),subject to approval by Cit Engineer payable prior to start-up Commercial,Industrial,Office,and Public Per acre/Minimum$320.00 $138.00 142.00 146.00 2.8% Administrative Land Division $73.00 75.00 77.00 2.7% Page 3 of 4 2011 Ordinances Changes %Change SERVICE DESCRIPTION 2009 2010 2011 10 to Il LGU Review Min.Payment is$160.Plus cost of review by special consultants necessary as An hour $80.00 82.00 85.00 3.7% determined by the City Manager.The deposit,or a portion thereof,will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit agreement is required for wetland alteration,wetland $3,500.00 3,600.00 3,700.00 2.8% replacement,wetland restoration and/or wetland bank plan reviews LGU Deposit-Site Review Single Family Residential An LGU deposit agreement is required for review of wetland delineations or wetland 160.00 165.00 170.00 3.0% determinations on single family residential properties. Site Review or Development Review An LGU deposit agreement is required for site review and/or wetland delineation review $1,000.00 1,030.00 1,060,00 2.9% Page 4 of 4 CITY COUNCIL AGENDA DATE: SECTION: Public Hearings December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Office of the City Manager/ Fee Resolution Finance, Sue Kotchevar Requested Action Move to: • Close the Public Hearing; and • Adopt the 2011 Fee resolution Synopsis This Resolution establishes a fee schedule for the City's services not covered by ordinance. Attachment Proposed Resolution Report of Changes City of Eden Prairie Hennepin County,Minnesota Resolution Number 2010-XX A resolution regulating fees and charges for business licenses,permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Business Licenses 1 Office of the City Manager Customer Service 2 Facilities 2 Finance 3 Community Development Assessing 3 Parks&Recreation Community Center 3 Community Center-Policy of Group Rate&Liabilities 5 Community Center-Advertising Fees 5 Oak Point Pool 6 Beaches 6 Organized Athletics 6 Art Center 6 Pleasant Hills Cemetery 7 Community Garden Plots 7 Police 7 Fire Building Inspections 8 Other 10 Public Works Services Engineering 10 Engineering Land Development Services 11 Utilities 11 Facilities Rental Facility Rental Information 13 City Center&Community Meeting Rooms 14 Garden Room 14 Community Center 15 Oak Point Pool 17 Park Facilities Rental 17 Senior Center Rental 18 Attachment A-Miscellaneous Fire Fees 19 Fees not stated in this Resolution maybe set by the City Manager. All Resolutions of the City of Eden Prairie,Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 7th day of December,2010,to be effective the 1st day of January, 2011. Phil Young,Mayor ATTEST: Kathleen Porta, City Clerk 2011 Fee Resolution Service Fee Description BUSINESS LICENSES Liquor-Non-Intoxicating Malt Liquors On-sale $ 800.00 Annual-If less than one year,amount will be prorated over remaining months. Off-sale $ 175.00 Annual-If less than one year,amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application Liquor-Intoxicating Malt Liquors Growlers(off-sale) $ 250.00 Annual Liquor On-Sale On-sale $ 8,750.00 Annual-If less than one year,amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application $ 50.00 License change-new manager $ 150.00 License change-other than management change Liquor On-Sale Fraternal Clubs Liquor on-sale $ 100.00 Annual-If less than one year,amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application $ 50.00 License change-new manager $ 150.00 License change-other than management change Liquor On-Sale Non-Fraternal Clubs Liquor on-sale $ 4,250.00 Annual Investigation fee $ 500.00 Initial application $ 50.00 License change-new manager $ 150.00 License change-other than management change Liquor On-Sale Wine On-sale $ 2,000.00 Annual-If less than one year,amount will be prorated over remaining months. Investigation fee $ 500.00 Initial application $ 50.00 License change-new manager $ 150.00 License change-other than management change Liquor Other Temporary beer $ - Requires application Temporary wine $ - Requires application Sunday liquor $ 200.00 Annual-If less than one year,amount will be prorated over remaining months. Special events $ 200.00 Per event Liquor Investigation Fee An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed$10,000 without prior approval,if the investigation is required outside the State. Other Bingo(Gambling) $ - Requires application Cigarettes $ 300.00 Annual-If less than one year,amount will be prorated over remaining months. Dog kennels(Commercial) $ 85.00 Annual-If less than one year,amount will be prorated over remaining months. Dog kennels(Private) $ 35.00 Annual-If less than one year,amount will be prorated over remaining months. Required for 3-5 animals.Must also purchase individual dog licenses. Dog license $ 20.00 Biannual Dangerous dog license $ 200.00 Annual Dangerous dog sign&collar tag $ 25.00 Annual Non-profit solicitor $ - Requires application Peddlers $ 40.00 Annual-Government issued identification required Raffle(Gambling) $ - Requires application Refuse&garbage collectors $ 100.00 Annual-1st Vehicle $ 25.00 Annual-Each additional vehide Scavengers $ 10.00 Annual 1 2011 Fee Resolution Service Fee Description CUSTOMER SERVICE City Code City code-bound copy $ 100.00 Original Copies-1-100 pages $ 0.25 per page-single-sided,black and white,letter or legal size documents Copies-101 or more pages $ - actual cost-single-sided,black and white,letter or legal size documents Maps and Printing 1st map per resident-Citywide fold up Map $ - No fee-distributed at customer service desk Additional maps-Citywide fold up Map $ 0.50 Each additional map-Distributed at customer service desk Large map printing per square foot-black and white $ 1.00 Miscellaneous printing Large map printing per square foot-color $ 2.00 City maps/plat/half section,black and white-8 1/2 x 11 $ 1.00 City maps/plat/half section,color-8 1/2 x 11 $ 2.00 City maps/plat/half section,black and white-11x17 $ 2.50 City maps/plat/half section,color-11x17 $ 5.00 Citymaps/plat/half section,black and white-24 x 36 $ 6.00 City maps/plat/half section,color-24 x 36 $ 12.00 City maps/plat/half section,black and white-36 x 48 $ 12.00 City maps/plat/half section,color-36 x 48 $ 24.00 Aerial photo added to any map is an additional: $ 10.00 CD ROM sprrifications $ 20.00 GIS Services Custom mapping fee-per hour minimum $ 25.00 Custom GIS analysis fee-per hour minimum $ 50.00 Digital GIS Data Requests 2ft contours-per sq mile $ 10.00 Spot elevation point data-per sq mile $ 10.00 Base map data-citywide data $ 60.00 City Council agendas $ 24.00 Annual.Pro-rated_ City Council minutes $ 75.00 Annual.Pro-rated_ Duplicating costs-100 pages or less $ 0.25 Per page,plus postage,if applicable Planning Commission agendas $ 24.00 Annual.Pro-rated_ Planning Commission minutes $ 50.00 Annual.Pro-rated. Video tape/DVDs of Council&Commission meetings $ 5.00 Per tape/DVD,plus postage,if applicable FACILITIES Audio-Visual Equipment Dry erase board(3'x5')with markers $ 7.50 Easel $ 5.00 Extra pad of paper $ 12.00 Each Flipchart/dry erase(24"x30")with paper $ 10.00 LCD Projector $ 50.00 Daily rental Microphone/stand&speakers $ 15.00 Microphone,wireless clip-on and speakers $ 20.00 Overhead projector(for transparencies) $ 15.00 Podium,floor model $ 7.50 Podium,table top model $ 5.00 Slide projector with carousel $ 15.00 Screen,projection(tripod stand)6'x6' $ 10.00 TV/VCR on cart $ 15.00 Building Supervisor Monday-Thursday,5:00 p.m.-10:00 p.m. $ 25.00 Per hour Weekends $ 40.00 Per hour Custodial Time and a half will be charged on weekends $ 37.50 Per hour 2 2011 Fee Resolution Service Fee Description FINANGF Tax Exempt Financing Charge Application fee $ 2,000.00 Per transaction Annual fee: 1/8 of 1%on the unpaid principal balance at the end of each 12-month period. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.85- 135 and its subsequent reauthorization. This charge is effective for all new projects receiving council authorization on or after March 1,1991 for the issuance of revenue authorization and for all existing projects which require council authorization on or after March 1,1991. ASSESSING Value Abatement Per parcel $ 25.00 Per year Copy of Appraisal/Field Card $ 2.00 1 Electronic Copies of Data Bases Basic set-up charge $ 300.00 Prepayment required for all set-up charges(includes$100.00 for LOGIS) Plus $ 0.05 Per record Plus media charge $ - At actual cost Printed Copies of Reports or Databases Basic set-up charge $ 200.00 Prepayment required for all set-up charges Plus $ 0.25 Per page Electronic Copies of Reports Basic set-up charge $ 200.00 Prepayment required for all set-up charges Plus $ 0.05 Per record COMMUNITY CENTER Community Center Membership Benefits 1.Includes full use of fitness facility including a complimentary equipment orientation 2.Includes group fitness lasses(except specialty fitness classes such as Yoga and Pilates) 3.Includes use of racquetball courts 4.Includes free open gym,skate and swim Additional Information 1.One time administrative fee of$29.00 2.Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on the 1st of every month. 3.10%discount for 12 month up front payment. 4.$5.00 monthly suspension fee available for up to 3 months per 12 month term. Guidelines for Membership Types Youth Membership Defined as any child 18 years of age and younger. Adult Membership Defined as any individual ages 19 years of age and older. Dual Membership Any two adults or adult and youth residing at the same address. Dual Plus One Any two adults plus one youth Dr one adult and two youths residing at the same address. Household Membership Any two adults and up to four youth residing at the same address. Senior Defined as any individual 62 years of age and older. Extended Household See Community Center Management for membership options that include larger families,nannies,and babysitters. Senior Dual Membership Any one senior and one additional member(55 or older)residing at the same address. 3 2011 Fee Resolution Service Fee Description Monthly Resident Membership Rates A resident either lives or works in Eden Prairie.Valid for 12 months from date of purchase. 10%discount on upfront purchase of 12 month membership Youth(18 and under) $ 26.00 Monthly rate plus applicable taxes Adult(19 and over) $ 34.00 Monthly rate plus applicable taxes Dual $ 60.50 Monthly rate plus applicable taxes Dual Plus One $ 71.50 Monthly rate plus applicable taxes Household $ 82.00 Monthly rate plus applicable taxes Senior(62 and older) $ 26.00 Monthly rate plus applicable taxes Senior Dual $ 45.50 Monthly rate plus applicable taxes Monthly Non Resident Membership Rates Youth(18 and under) $ 41.00 Monthly rate plus applicable taxes Adult(19 and over) $ 41.00 Monthly rate plus applicable taxes Dual $ 73.00 Monthly rate plus applicable taxes Dual Plus One $ 85.50 Monthly rate plus applicable taxes Household $ 98.00 Monthly rate plus applicable taxes Senior(62 and older) $ 41.00 Monthly rate plus applicable taxes Senior Dual $ 73.00 Monthly rate plus applicable taxes Membership Administrative Fee $ 29.00 Fee to administer a new membership Membership Change Fee $ 10.00 Fee to make changes to an account Equipment Rental ** Free to Eden Prairie non profit service organization groups. Ice Skates $ 2.00 Per pair Audio/visual combo $ 20.00 Per use Audio/visual combo $ 50.00 Per booking Play Care Play Care -Member $ 2.50 Two hours;Two hour maximum Play Care-Nonmember $ 3.50 Two hours;Two hour maximum Punch Cards-Member $ 40.00 Punch Card-20 sessions Punch Card-Non member $ 60.00 Punch Card-20 sessions Play Structure Under 12 months free Per child,per visit 12 months-4 years of age $ 3.50 Per child,per visit 5 years to 15 years $ 4.50 Per child,per visit Tot Time/Open Gym Members free Child must be on a family membership Non Members $ 5.50 Daily Full Use Pass(indudes open gym,open skate,open swim,group fitness,fitness,and racquetball) **Must be age 14 and up to use Fitness Center Members free Individual Resident $ 8.00 Youth or adult Family Resident $ 16.00 Up to five people living at the same address Individual Non Resident $ 10.00 Youth or adult Family Non Resident $ 20.00 Up to five people living at the same address 4 2011 Fee Resolution Service Fee Description Open Skate,Swim and Gym **Resident and Non Resident-fee is for the use of open swim,open skate,and open gym fi Babies free up to 12 months Tots $ 3.50 12mths to 4 years (added for 2010/2011) Youth $ 4.50 5 years of age to 18 years of age Adult $ 5.00 19 years of age or older Family rate $ 15.00 Max 5 people living at same address Lifeguards $ 16.00 Per hour One to 50 swimmers Second lifeguard required 51-100 swimmers Third lifeguard required 101 or greater Addl lifeguards will be determined by management depending on group size and age Special Ice Rates-School District 272 Physical education classes $ 75.00 Per hour-50%of non-prime time rate Hockey games Prime time rate-Personnel required to run the games supplied by others. Special Pool Rates-School District 272 Physical education classes Based on prime time rate for 5,4490 total square feet Lifeguard training class with EP School Phy Ed Dept $ 95.00 Per student($1,000 minimum)when course is conducted by City staff COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES Group Rentals ** Groups of 20 or greater will receive free rental skates when purchasing ice Lock In-11 p.m.to 5:30 a.m. ** Lock-in groups will be charged an additional$1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor. ** Supervision will be at the discretion of the Community Center management This will be based on the number of people to be using the center,as well as the age and type of group. Skate Rental $ 2.00 Lifeguards $ 16.00 Per hour ** 1 to 50 participants-2 lifeguards required ** 51 to 100 participants-3 lifeguards required ** 100 plus participants-4 lifeguards required. Additional lifeguards determined by management depending on group size and ages. Pool rental $ 53.00 Per hour.Two hour minimum plus$16.00/hr per lifeguard COMMUNITY CENTER ADVERTISING FEES Note:Once groups have paid for the initial multi-year agreement,they may renew the contract each year for 1 year at the pro-rated fee. Ice resurfacer $ 1,500.00 Per side per year/5 year term($2,500 for both sides) Score board $ 1,500.00 Per side per year/5 year term On-Ice logo $ 1,500.00 Per two 4'x4'logos per year/3 year term Dasher board $ 950.00 Annually/3 year term 5 2011 Fee Resolution Service Fee Description OAK POINT POOL Pool Rental-Lifeguards ** Pool rental in addition to these fees Small slide pool rental only $ 47.00 Per hour for three lifeguards Requires a minimum of three lifeguards Addl lifeguards will be determined by management depending on group size and age Large pool rental only $ 32.00 Per hour for two lifeguards Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility $ 79.00 Per hour for five lifeguards Requires a minimum of 5 lifeguards BEACHES Boat&Marina Rental Canoe rack storage $ 45.00 Per rack per season ORGANIZED ATHLETICS Adult League Play Non youth sport teams $ 40.00 Per game Ball Field Tournaments State,regional,and national tournaments $ 100.00 Per day,per field Other youth and adult tournaments $ 100.00 Per day,per field Additional charge when lights are used $ 15.00 Per hour For new soccer field for tournament $ 170.00 Per field set-up Clinics and Camps $ 50.00 Per day,per field ART CENTER Art Center Membership Benefits 1.10%off classes 2.Invitation to special events 3.10%off select supplies 4.10%off birthday parties(Art Center birthday parties only) 5.Special studio access outside of class times 6.Subscription to City News email newsletter 7.$5.00 off Walker Art Center membership 8.$5.00 off the one-time administrative fee at the Eden Prairie Community Center for new members Membership Rates A household includes two adults and up to 4 children. Additional family members can be added to the household membership for$5.00 a person Individual $ 30.00 Annual rate plus applicable taxes Household $ 45.00 Annual rate plus applicable taxes 6 2011 Fee Resolution Service Fee Description PLEASANT HILL CEMETERY Ground Thawing:November 1-April 1 Casket burial $ 75.00 Cremation burial $ 50.00 Internment Casket burials $ 300.00 Vault size 12 inches by 36 inches(2010 Vaults up to 36 inches long) $ 400.00 Vault size 36 inches by 60 inches(2010 Vaults up to 60 inches long) $ 500.00 Vault size 48 inches by 96 inches(2010 Vaults up to 96 inches long) Cremation burials $ 300.00 Urn size 12 inches and under $ 300.00 Urn size over 12 inches Lot Resident $ 400.00 20%perpetual care&80%maintenance Non-resident $ 600.00 Set Grave Markers Single $ 200.00 Double $ 250.00 COMMUNITY GARDEN PLOTS 20 foot by 30 foot plot Residents only $ 54.00 Senior citizen discount$12.00 20 foot by 60 foot plot Residents only $ 108.00 Senior citizen discount$24.00 POLICE Data Processing Duplicating,audio recording $ 10.00 Duplicating,documentation $ 0.25 Per standard page Standard reports $ 20.00 Per hour Non-standard report $ 50.00 Per hour-Minimum charge is one hour Dog Impounding $ 30.00 1st offense year $ 50.00 2nd offense year $ 100.00 3rd offense year Boarding $ 11.00 Daily Euthanasia $ 30.00 False Alarm Fee Non-Required Systems Registration Fee free First 3 false alarms free 4th false alarm $ 100.00 5th false alarm $ 200.00 6th&up false alarm $ 300.00 Required Systems First false alarm free 2nd false alarm $ 100.00 3rd false alarm $ 200.00 4th false alarm $ 300.00 5th&up false alarm $ 400.00 Late fees for unpaid bills $ 25.00 Fire Alarm Systems and Fire Protection Contractor Registration Registration free Reinstatement $ 200.00 7 2011 Fee Resolution Service Fee Description Hunting&Trapping Landowner free Resident $ 5.00 Non-resident $ 10.00 Other Photograph,other $ 10.00 Plus actual cost Postage $ - Actual cost Pawn Shops Annual fee $ 10,000.00 Investigation fee $ 1,500.00 An investigation fee not to exceed$1,500 shall be charged by the City if the investigation is conducted in the State,or the actual cost not to exceed$10,000 without prior written approval if the investigation is required outside the State. Photograph,Booking Standard $ 20.00 Digital image $ 10.00 Police Officer Supplemental Employment $ 70.00 Per hour-Minimum charge is three hours Radio Service Reprogram and tune radios once a year $ 25.00 per radio Labor rate $ 50.00 an hour,billable on every half hour if additional help is needed Reports Resident $ - Free to residents Non-resident $ 3.00 First two pages $ 0.25 Additional pages Transcribe,Audio Tape $ 25.00 Per hour-Minimum charge is one hour INSPECTIONS Fire Alarm&Non-Water Suppression $1 to$2,000 $ 90.00 $2,001 to$25,000 $ 90.00 1st$2,000 plus$17.60 each addl$1,000 or fraction thereof,to&including$25,000 $25,001 to$50,000 $ 494.80 1st$25,000 plus$12.90 each addl$1,000 or fraction thereof,to&including$50,000 $50,001 to$100,000 $ 817.30 1st$50,000 plus$9.00 each addl$1,000 or fraction thereof,to&including$100,000 $100,001 to$500,000 $ 1,267.30 1st$100,000 plus$7.20 each addl$1,000 or fraction thereof,to&including$500,000 $500,001 to$1,000,000 $ 4,147.30 1st$500,000 plus$5.95 each addl$1,000 or fraction thereof,to&including$1,000,000 $1,000,001&up $ 7,122.30 1st$1,000,000 plus$4.80 each addl$1,000 or fraction thereof Plan checking 65%of the building permit fee if valuation is greater than$2,000 Investigation fee-all work started w/o a permit Equal to amount of permit fee 8 2011 Fee Resolution Service Fee Description Fire Prevention Miscellaneous fees $ 105.00 Per Minnesota State Fire Code(See Attachment A for listing of fees) Re-inspection fee $ 50.00 Fire Prevention Permits Burning permits $ 95.00 Per site. Limit 2 days per week Fireworks-display $ 30.00 Plus standby firefighters at present hourly rate. Fireworks-sales $ - Maximum rate set by the State-$100 non-exclusive,$350 exclusive Flammable&combustible liquid tank removal $ 95.00 Per tank. Less than 1,000 gallons $ 210.00 Per tank. Greater than 1,000 gallons Grease vapor removal system cleaning $ 115.00 Per cleaning LP gas,flammable&combustible liquid tank install $ 240.00 Per tank LP gas tank(temporary heat) $ 80.00 Per tank Special hazard permit-MUFC Article 4 $ 185.00 Maximum of 3 per site Tents/canopy(Residential) $ 42.50 Per tent Tents/canopy(Commercial) $ 85.00 Per tent Fire Sprinkler Systems $1 to$2,000 $ 90.00 $2,001 to$25,000 $ 90.00 1st$2,000 plus$17.60 each add?$1,000 or fraction thereof,to&including$25,000 $25,001 to$50,000 $ 494.80 1st$25,000 plus$12.90 each addl$1,000 or fraction thereof,to&including$50,000 $50,001 to$100,000 $ 817.30 1st$50,000 plus$9.00 each addl$1,000 or fraction thereof,to&including$100,000 $100,001 to$500,000 $ 1,267.30 1st$100,000 plus$7.20 each add?$1,000 or fraction thereof,to&including$500,000 $500,001 to$1,000,000 $ 4,147.30 1st$500,000 plus$5.95 each add.'$1,000 or fraction thereof,to&including$1,000,000 $1,000,001&up $ 7,122.30 1st$1,000,000 plus$4.80 each add?$1,000 or fraction thereof Plan Check Fee 65%of the fire-alarm/suppression permit fee if the job value is greater than$2,000 Investigation Fee-all work started w/o a permit Equal to amount of permit fee Heating&Ventilating-Job Valuation 0 to$1,000 $ 35.00 $1,001 to$10,000 $ 35.00 1st$1,000 plus$1.90 for each add'1$100 or fraction thereof,to and including$10,000 $10,001 to$50,000 $ 206.00 1st$10,000 plus$15.80 for each add'l$1,000 or fraction thereof,to and including$50,000 $50,001 and up $ 838.00 1st$50,000 plus$12.75 for each additional$1,000 or fraction thereof Heating&Ventilating-Other Gas piping $ 15.00 Each opening Reinspection $ 50.00 Investigation fee $ - Equal to the amount of permit fee(charges for work started w/o a permit) Moving a Building Moving a building $ 250.00 $1,000 deposit each from the owners of the building and building mover Moving a garage only $ 50.00 $1,000 deposit each from the owners of the building and building mover Plumbing-Job Valuation $0-$1,000 $ 35.00 Minimum $1,001-$10,000 $ 35.00 1st$1,000 plus 2.5%for amount over$1,000 to&including$10,000 $10,001&up $ 260.00 1st$10,000 plus 2%for amount over$10,000 For each openings on gas $ 15.00 Inside change over-sewer,water or both $ 35.00 Meter inspection $ 35.00 Municipal sewer $ 20.00 per 100 feet Municipal water $ 20.00 per 100 feet Storm sewer&sub soil drains $ 20.00 per 100 feet Sewage disposal(ISTS) $ 150.00 ISTS abandonment $ 50.00 Plumbing-Other Inspections&Fees Reinspection fee $ 50.00 Each Investigation fee-all work started without a permit $ - Equal to the amount of permit fee Inspections(Plumbing) $ - No fee-State bond/insurance required 9 2011 Fee Resolution Service Fee Description Rental Licenses Fees $ 52.50 for 1st unit of 1 to 4 plex-additional units under same roof are$9.00 for each additional unit $ - Apartment Complex-$52.50 for the 1st unit in a complex+$9.00 for each additional rental unit Septic System Pumping $ 20.00 System Access Charges-Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges-Utility Charges Sanitary Sewer Residential $ 550.00 Per R.E.C. Industrial, public, office $ 1,010.00 Per Metro SAC Commercial $ 1,420.00 Per Metro SAC System Access Charges-Utility Charges Water Residential $ 2,440.00 Per R.E.C. Industrial,public,office $ 3,180.00 Per Metro SAC Commercial $ 3,810.00 Per Metro SAC Water/Sewer Connection $ 17,450.00 A connection fee of$17,450 per single unit is applicable if the property has not participated in the cost of the utilities by other methods. OTHER " Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine company $ 150.00 Per hour Ladder company $ 200.00 Per hour Rescue,grass rig,or rescue boat $ 100.00 Per hour Specialized Personnel Chief Officer,Investigator $ 50.00 Per hour Tools/supplies used $ - At cost Firefighter supplemental employment $ 35.00 Per 3 hour block-Minimum charge of three hours ENGINEERING Permit for Right-of-Way Excavations Mainline utility and telecommunication installations $ 21.00 Per/100 L.F Repair or service excavation $ 30.00 Turf area $ 71.00 Pavement area Residential driveway $ 30.00 Commercial driveway $ 71.00 All other excavations $ 30.00 Turf area $ 71.00 Pavement area Special Assessment Searches " No charge for Eden Prairie residents on searches of their homesteaded property Non-resident $ 19.50 Per parcel 10 2011 Fee Resolution Service Fee Description Street Signs 9 button delineator-red $ 121.00 Includes post&install $ 142.00 Includes breakaway post&install Future road extension advisory $ 274.00 Includes 2 posts&install-36"x 30" Keep right symbol $ 146.00 Includes 9 button delin-yellow,no post $ 173.00 Includes 9 button delin-yellow,install,post $ 202.00 Includes 9 button delin-yellow,install&breakaway post No outlet $ 133.00 Includes post&install-24"x 24" No parldng $ 152.00 Includes post&install-Used for Turn-Around Stop sign $ 146.00 Includes brackets,install,no post-30"x 30" $ 173.00 Includes brackets,install,with post-30"x 30" Street name sign $ 241.00 Includes install with 12'post-6"x 6" $ 269.00 Includes install with 12'post-6"x 9" $ 290.00 Includes install with 12'post-9"x 9" Temporary street name sign $ 169.00 Plus 15%surcharge for maintenance until permanent signs in place Weight Restrictions Truck overweight permit fee $ 42.00 Per trip GINEERIN(LAND DEVELOPMENT SERVICES Street Lighting Fee For new subdivisions $ - Charged at prevailing NSP rates and collected for 36 months at time of final plat UTILITIES Fire Hydrant Use/Meter for Construction and Irrigation Permit $ 40.00 Fire hydrant damage deposit $ 250.00 Applied to the final bill 3"meter deposit $ 500.00 Refundable All other meter deposits $ 200.00 Refundable Lawn Irrigation Restrictions ** Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence $ 25.00 Second occurrence $ 50.00 Third occurrence $ 100.00 Fourth occurrence $ 200.00 Fifth&subsequent occurrences within a two $ 300.00 year period New Construction Coli Form Bacteria Resampling T&M-Based on actual laboratory costs,employee time and utility truck rental rates. These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures. New Construction Mechanical Reinspections T&M-Directed at projects that require multiple visits to complete initial inspection.Same criteria as coli form resampling Storm Drainage Land Use Quarterly Fee Single-family homes $ 5.00 Each Multi-family/apartments $ 49.75 per acre rates.Divide each by 3 for monthly rates. Industrial $ 49.75 per acre rates.Divide each by 3 for monthly rates. Commercial/office $ 64.80 per acre rates.Divide each by 3 for monthly rates. Institutions $ 56.40 per acre rates.Divide each by 3 for monthly rates. Airport/landfill $ 12.40 per acre rates.Divide each by 3 for monthly rates. Parks/open space/golf course $ 7.00 per acre rates.Divide each by 3 for monthly rates. Undeveloped land $ 16.60 Each User Charges ** Penalty for billed charges:1%per month on account not paid within 30 days of billing ** A residential equivalent connection(RE.C.)is one dwelling unit ** The minimum monthly use charge for uses other than residential shall be the same as 1 RE.0 Sanitary sewer $ 2.35 Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. 11 2011 Fee Resolution Service Fee Description Water(Residential) Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R_E.C. Flow Charge $ 1.80 0 to 36,000 gallons Flow Charge $ 2.80 36,001 to 48,000 gallons Flow Charge $ 3.30 48,001 to 60,000 gallons Flow Charge $ 3.80 60,001 to 78,000 gallons Flow Charge $ 4.30 78,001 and above Water All Other Classes $ 1.80 Includes Commercial,Apartments,Institutions,etc. Irrigation Irrigation only Meters Residential and Other Classes Flow Charge $ 2.80 0 to 48,000 gallons Flow Charge $ 3.30 48,001 to 60,000 gallons Flow Charge $ 3.80 60,001 to 78,000 gallons Flow Charge $ 4.30 78,001 and above Fixed charges-Per Quarter $ 15.60 Per quarter Each R.E.C.will be billed:$7.80 fixed charge for water and$7.80 fixed charge for sewer Fixed charges are billed on the greater of the number of R.E.C.'s on connections Fixed charges-Per Month $ 6.30 Per month Each R.E.C.will be billed:$3.15 fixed charge for water and$3.15 fixed charge for sewer Fixed charges are billed on the greater of the number of R_E.C:s on connections Unmetered residential sewer only $ 36.00 use charges$36 per quarter per R.E.C.plus a$7.80 fixed charge Administrative fee $ 40.00 Flat charge is added to the current balance due to obtain the total certified amount Water flow test for 5/8"meters $ 35.00 When consumption is challenged by a customer&the meter is accurate Water service turn on/off $ 35.00 After initial turn on,any non-emergency on/off request by a commercial lending institution, government agency(HUD),or private property management service Water softening&filtering $ - No fee-State license required Water/Fill Station $ 2.50 Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 12 Fee Resolution Facility Priority Rental Classifications: A. City Government-Any activity related to the operations of Eden Prairie's City Government including,but not limited to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as State and County related committees, including Minnesota's federal and state representatives. People Reaching Other People(PROP) shall be included as the City's non-profit social services/food shelf agency. This group will not be charged. B. Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden Prairie based;if it has at least 75%of its membership roster residing in the City. C. Community Group II -Eden Prairie based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use,such as family gatherings,parties,etc. D.Non-Community Group III-Non-resident individuals and groups. Eden Prairie residents and businesses may not make reservations for non-Eden Prairie residents and businesses. City Rental Facilities: Amphitheatre-located at Staring Lake Park City Center-meeting rooms, conference rooms,a traditional training room,and the Council Chambers Community Center- ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts, and swimming pool Outdoor Center-located at Staring Lake Park Park Pavilions&Shelters - Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring Lake Park Shelter,Miller Park Shelters,Nesbitt Park Shelter, Riley Lake Shelter, Purgatory Creek Recreation Area Shelter, and Crestwood Park Shelter. Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses-located throughout the City 13 2011 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 CITY CENTER&COMMUNITY MEETING ROOMS ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly. ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of$25/hr. Atrium I Conference Room Standard conference=seats 10; 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour (2 hr.minimum rental) Limited availability;City priority Atrium II Conference Room Standard conference=.seats 6;4:30-10 pm;Mon-Fri;(Fri.dosing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour (2 hr.minimum rental) Limited availability;City priority Atrium III Conference Room Standard conference=seats 10; 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour (2 hr.minimum rental) Limited availability;City priority Council Chamber Restricted use;Standard set-up;No food/beverages; $ 55.00 $ 65.00 $ 80.00 Per hour Facility and/or AV technician required w/extra charge($37.50/hr after hours);AV tech required for broadcast events only. N Heritage Room(one quarter) Limited set-up;Maximum capacity=40 4:30-10 pm;Mon-Fri;(Fri.dosing is 5:00 pm) $ 25.00 $ 35.00 $ 45.00 Per hour (2 hr.minimum rental) Heritage Room(half) Maximum capacity=100 4:30-10 pm;Mon-Fri;(Fri.dosing is 5:00 pm) $ 35.00 $ 45.00 $ 55.00 Per hour (2 hr.minimum rental) Heritage Room(whole) Maximum capacity=200 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 50.00 $ 60.00 $ 90.00 Per hour (2 hr.minimum rental) Lower Atrium Maximum capacity=100. Limited availability w/special arrangements; $ 35.00 $ 45.00 $ 55.00 Per hour (2 hr.minimum rental) 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) Prairie Room Standard conference=seats 18; 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour (2 hr.minimum rental) Limited availability;City priority GARDEN ROOM Garden Room Group 1=with meal service-catering charge only $ - $ - $ - Group 2&3=first 4 hours $ - $ 300.00 $ 400.00 Group 2&3=after four hours,each additional hour plus catering charge $ - $ 50.00 $ 75.00 Private Dining Room(conference room) Maximum capacity=40. 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 25.00 $ 35.00 $ 45.00 Per hour (2 hr.minimum rental) 2011 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 COMMUNITY CENTER ** Request must be submitted to Community Center Manager or Customer Service Representative a minimum of two weeks prior to requested date.Times and dates must not conflict with an existing program or activity. City programs have priority. ** Eden Prairie Athletic Associations receive one free meeting room use per month. Ice Arena-Rinks 1,2&3 Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m. $ 180.00 $ 180.00 $ 180.00 Per hour plus applicable taxes Monday-Friday,weekends,holiday,&non-school days; Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes Monday-Friday; Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. $ 180.00 $ 180.00 $ 180.00 Per hour plus applicable taxes Fall prime time-September 1 thru September 30 -3 p.m.to 11 p.m. $ 180.00 $ 180.00 $ 180.00 Per hour plus applicable taxes Monday-Friday,weekends,holiday,&non-school days; Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes Monday-Friday; (xi Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m. $ 190.00 $ 190.00 $ 190.00 Per hour plus applicable taxes Monday-Friday,weekends,holiday,&non-school days; Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes Monday-Friday; MEETING ROOMS Birthday party area n/a $ 30.00 $ 30.00 Per hour plus applicable taxes Cambria Room 2 hr minimum $ 45.00 $ 50.00 $ 65.00 Per hour plus applicable taxes Dry floor-3rd rink cement floor $ 40.00 $ 50.00 $ 65.00 Per hour plus applicable taxes 2011 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 Gymnasium(1 court) $ 25.00 $ 35.00 $ 50.00 Per hour plus applicable taxes Gymnasium(Full gym) $ 40.00 $ 50.00 $ 65.00 Per hour plus applicable taxes Lounge Eden Prairie Athletic Associations receive one free meeting room use per month $ 25.00 $ 30.00 $ 45.00 Per hour plus applicable taxes 2 hr minimum for all other rentals Meeting Room 101,103 Eden Prairie Athletic Associations receive one free meeting room use per month $ 15.00 $ 20.00 $ 35.00 Per hour plus applicable taxes 2 hr minimum for all other rentals Meeting Room 201 Eden Prairie Athletic Associations receive one free meeting room use per month $ 30.00 $ 35.00 $ 50.00 Per hour plus applicable taxes 2 hrs minimum booking Meeting Room 203 Eden Prairie Athletic Associations receive one free meeting room use per month $ 15.00 $ 20.00 $ 35.00 Per hour plus applicable taxes 2 hr minimum for all other rentals Meeting Rooms 202,204 Eden Prairie Athletic Associations receive one free meeting room use per month $ 20.00 $ 25.00 $ 40.00 Per hour plus applicable taxes 2 hr minimum for all other rentals Meeting Rooms combined 203/204 Eden Prairie Athletic Associations receive one free meeting room use per month $ 25.00 $ 30.00 $ 45.00 Per hour plus applicable taxes 2 hr minimum for all other rentals Cr) Parking Permits 2009/2010-2010/2011 full year rate-Community Center $ 350.00 $ 350.00 $ 350.00 2009/2010-2010/2011 full year rate-Round Lake $ 200.00 $ 200.00 $ 200.00 Pro Rate beginning December 1-Community Center $ 175.00 $ 175.00 $ 175.00 Pro Rate beginning December 1-Round Lake $ 100.00 $ 100.00 $ 100.00 Pro Rate beginning March 1-Community Center $ 87.50 $ 87.50 $ 87.50 Pro Rate beginning March 1-Round Lake $ 50.00 $ 50.00 $ 50.00 Racquetball Free with membership(per person) $ 8.00 $ 8.00 $ 8.00 Per hour plus applicable taxes Studio A Available for rental with the use of Eden Prairie fitness staff only $ 40.00 $ 40.00 $ 40.00 Per hour plus applicable taxes Studio B Available for rental with the use of Eden Prairie fitness staff only $ 30.00 $ 30.00 $ 30.00 Per hour plus applicable taxes Fitness Instructors $ 32.00 $ 32.00 $ 32.00 Per hour plus applicable taxes Swimming Pool(capacity 268) Prime time-6 a.m.to 5 p.m.Monday thru Saturday/noon to 5 p.m.on Sundays $ 63.00 $ 63.00 $ 63.00 Per hour plus applicable taxes Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday $ 53.00 $ 53.00 $ 53.00 Per hour plus applicable taxes Discounted rate-9 p.m.to 11 p.m.Monday thru Sunday plus cost of lifeguards at$16/hour $ 48.00 $ 48.00 $ 48.00 Per hour plus applicable taxes Walleyball Fees changed to$25.00 per court for 90 minutes of play. EPCC does set up and tear down. $ 25.00 $ 25.00 $ 25.00 Plus applicable taxes No hourly use. • 2011 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 Group rental catering fees Rooms 101 and 203 and viewing areas $ 10.00 $ 10.00 $ 10.00 per rental Rooms 202 and 204 $ 15.00 $ 15.00 $ 15.00 per rental Rooms 201,Small group Cambria and Lounge $ 25.00 $ 25.00 $ 25.00 per rental Large Group Cambria,Gymnasium and Rink 3 $ 50.00 $ 50.00 $ 50.00 per rental Preferred catering vendor fees Resident $ 50.00 $ 50.00 $ 50.00 Annual Non-Resident $ 100.00 $ 100.00 $ 100.00 Annual OAK POINT POOL ** Lifeguards must be added as follows at the rate of$16.00 an hour; small slide pool rental only-minimum 3 lifeguards, large pool rental only-minimum of 2 lifeguards,rental of entire pool facility-minimum of 5 lifeguards ** Additional lifeguards will be determined by management depending on group size and age. ** Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool. For Sunday rental of the entire pool,an additional$55.00 an hour is required. Oak Point Pool Rental Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday $ 63.00 $ 63.00 $ 63.00 Per hour plus applicable taxes Non-prime time:5 p.m.-9 p.m.,Monday-Sunday $ 53.00 $ 53.00 $ 53.00 Per hour plus applicable taxes Discount rate:9 p.m.-11 p.m.,Monday-Sunday $ 48.00 $ 48.00 $ 48.00 Per hour plus applicable taxes PARK FACILITIES RENTAL **All groups of over 100 will be charged full day rate ** All parks REQUIRE a$200 deposit **Eden Prairie School District Programs charged only direct cost for all parks during the school day. ** No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150.) Crestwood Park Building Full Day-Maximum capacity varies $ 85.00 $ 85.00 $ 85.00 Plus applicable taxes Homeward Hills Barn 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 Plus applicable taxes Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 Plus applicable taxes Miller Park Building Full Day-Maximum capacity varies $ 85.00 $ 85.00 $ 85.00 Plus applicable taxes Edenvale Park Building $ 85.00 $ 85.00 $ 85.00 Plus applicable taxes Forrest Hills Park Building $ 85.00 $ 85.00 $ 85.00 Plus applicable taxes Nesbitt Park Building Full Day-Maximum capacity varies $ 85.00 $ 85.00 $ 85.00 Plus applicable taxes • 2011 Fee Resolution - Facilities Facility Facility Information Fee Group 1 Group 2 Group 3 Outdoor Center Per hour-2 hour minimum-Maximum capacity varies $ 40.00 $ 40.00 $ 40.00 Per hour plus applicable taxes Purgatory Creek Recreation Area Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 Plus applicable taxes Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 Plus applicable taxes Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies $ 135.00 $ 135.00 $ 135.00 Plus applicable taxes Full Day-Maximum capacity varies $ 195.00 $ 195.00 $ 195.00 Plus applicable taxes Riley-Jacques Barn Per hour-2 hour minimum-Maximum capacity varies $ 45.00 $ 45.00 $ 45.00 Per hour plus applicable taxes Round Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 Plus applicable taxes Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 Plus applicable taxes Round Lake Pavilion 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 Plus applicable taxes Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 Plus applicable taxes Staring Lake Park Amphitheatre Per hour-2 hour minimum-Maximum capacity varies $ 55.00 $ 55.00 $ 55.00 Per hour plus applicable taxes Audio Technician Sound Tech&Sound Equipment-2 hour minimum $ 35.00 $ 35.00 $ 35.00 Per hour plus applicable taxes F, Staring Lake Park Building 1/2 Day-Maximum capacity varies $ 110.00 $ 110.00 $ 110.00 Plus applicable taxes Co Full Day-Maximum capacity varies $ 150.00 $ 150.00 $ 150.00 Plus applicable taxes Warming Houses-2 hour minimum Supervision required-2 hour minimum $ 10.00 $ 30.00 $ 30.00 Per hour plus applicable taxes December 15-March 1 SENIOR CENTER RENTAL Senior Center Community Room/Kitchen Including kitchen and lounge $ 40.00 $ 45.00 $ 45.00 Per hour plus applicable taxes Senior Center Kitchen Approx.15 people with use of appliances $ 20.00 $ 20.00 $ 20.00 Per hour plus applicable taxes Senior Center Room 200 $ 15.00 $ 20.00 $ 20.00 Per hour plus applicable taxes Senior Center Room 201 Approx.40 people theater style,25 to 30 table seating $ 25.00 $ 30.00 $ 30.00 Per hour plus applicable taxes Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating $ 20.00 $ 25.00 $ 25.00 Per hour plus applicable taxes Senior Center Room 209 Approx.10 to 15 $ 15.00 $ 20.00 $ 20.00 Per hour plus applicable taxes Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the"miscellaneous"fee category on the fee resolution. Operational Permits Aerosol products.An operational permit is required to manufacture,store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings.An operational permit is required to operate a special amusement building. Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles.Additional permits required by other sections of this code include,but are not limited to,hot work,hazardous materials and flammable,or combustible finishes. Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid capacity of more than 50 gallons (189 L). Carnivals and fairs.An operational permit is required to conduct a carnival or fair. Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations.An operational permit is required to operate a grain elevator, flour starch mill,feed mill,or a plant pulverizing aluminum, coal, cocoa,magnesium,spices or sugar,or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers.An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet(2.8 m3). Exception:A permit is not required for agricultural storage. Compressed gases.An operational permit is required for the storage,use or handling at normal temperature and pressure(NTP) of compressed gases in excess of the amounts listed in Table 105.6.9. Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings.An operational permit is required for: 1.The placement of retail fixtures and displays,concession equipment, displays of highly combustible goods and similar items in the mall. 2.The display of liquid-or gas-fired equipment in the mall. 3.The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11. Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows. Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any quantity of explosive,explosive material,fireworks,or pyrotechnic special effects within the scope of Chapter 33. Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet(33 m2) using Class I or Class II liquids. 19 Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or flammable fumigant is used. HPM facilities.An operational permit is required to store,handle or use hazardous production materials. High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet(46 m2). Hot work operations.An operational permit is required for hot work including,but not limited to: 1.Public exhibitions and demonstrations where hot work is conducted. 2.Use of portable hot work equipment inside a structure. Exception:Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4.Hot work conducted within a hazardous fire area. 5.Application of roof coverings with the use of an open flame device. Industrial ovens.An operational permit is required for operation of industrial ovens regulated by Chapter 21. Lumber yards and woodworking plants.An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet(8,333 ft3) (236 m3). Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to display,operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings. Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage.An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet(71m3) gross volume of combustible empty packing cases, boxes,barrels or similar containers,rubber tires, rubber,cork or similar combustible material. Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street,alley,road,or other public or private ground.Instructions and stipulations of the permit shall be adhered to. Exception:Recreational fires. Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly areas,dining areas of restaurants or drinking establishments. Organic coatings.An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon(4 L) of an organic coating in one day. Places of assembly.An operational permit is required to operate a place of assembly. Pyrotechnic special effects material.An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds (11 kg) of cellulose nitrate(pyroxylin)plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and service stations.An operational permit is required for operation of repair garages and automotive,marine and fleet service stations. 20 Rooftop heliports.An operational permit is required for the operation of a rooftop heliport. Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. Storage of scrap tires and tire byproducts.An operational permit is required to establish,conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Temporary membrane structures,tents and canopies.An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet(19 m2),or a canopy in excess of 400 square feet(37 m2). Exceptions: 1.Tents used exclusively for recreational camping purposes. 2. Fabric canopies and awnings open on all sides which comply with all of the following: 2.1.Individual canopies shall have a maximum size of 700 square feet(65 m2). 2.2.The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet (3658 mm) shall not exceed 700 square feet(65 m2)total. 2.3.A minimum clearance of 12 feet(3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and waste material-handling facilities. Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in excess of 200 cubic feet(6 m3). Construction Permits Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table 105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily out of service,or close or substantially modify a compressed gas system. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage,use or handling facilities at least 30 days prior to the termination of the storage,use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3.The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids.A construction permit is required: 1.To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2.To install, construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing stations,refineries, distilleries and similar facilities where flammable and combustible liquids are produced,processed,transported,stored, dispensed or used. 3.To alter, abandon,place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. 21 Hazardous materials.A construction permit is required to install,repair damage to, abandon,remove, place temporarily out of service,or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. Exceptions: 1.Routine maintenance. 2.For emergency repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. Industrial ovens.A construction permit is required for installation of industrial ovens covered by Chapter 21. Exceptions: 1.Routine maintenance. 2.For repair work performed on an emergency basis,application for permit shall be made within two working days of commencement of work. LP-gas.A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or booth. 22 2011 Fee Resolution Changes Service Fee Description 2009 2010 20111E I' %Change 10 toll FACH ITTF-S Audio-Visual Equipment LCD Projector $ 50.00 Daily rental $ - $ - $ 50.00 new Custodial Time and a half will be charged on weekends $ 37.50 Per hour $ 25.00 $ 25.00 $ 37.50 50.0% SiOMMUNITY CENTER Community Center Membership Youth(18 and under) $ 26.00 Monthly rate plus applicable taxes $ 24.00 $ 24.75 $ 26.00 5.1% Adult(19 and over) $ 34.00 Monthly rate plus applicable taxes $ 32.00 $ 33.00 $ 34.00 3.0% Dual $ 60.50 Monthly rate plus applicable taxes $ 57.00 $ 58.75 $ _.... 60.50 3.0% Dual Plus One $ 71.50 Monthly rate plus applicable taxes $ 67.00 $ 69.00 $ 71.50 3.6% Household $ 82.00 Monthly rate plus applicable taxes $ 77.00 $ 79.50 $ 82.00 3.1% Senior(62 and older) $ 26.00 Monthly rate plus applicable taxes $ 24.00 $ 25.00 $ 26.00 4.0% Senior Dual $ 45.50 Monthly rate plus applicable taxes $ 42.75 $ 44.00 $ 45.50 3.496 Monthly Non Resident Membership Rates Youth(18 and under) $ 41.00 Monthly rate plus applicable taxes $ 38.40 $ 39.75 $ 41.00 3.1% Adult(19 and over) $ 41.00 Monthly rate plus applicable taxes $ 38.40 $ 39.75 $ 41.00 3.1% Dual $ 73.00 Monthly rate plus applicable taxes $ 68.40 $ 70.50 $ 73.00 3.5% Dual Plus One $ 85.50 Monthly rate plus applicable taxes $ 80.40 $ 82.75 $ 85.50 3.3% Household $ 98.00 Monthly rate plus applicable taxes $ 92.40 $ 95.00 $ 98.00 3.2% Senior(62 and older) $ 41.00 Monthly rate plus applicable taxes $ 38.40 $ 39.75 $ 41.00 3.196 Senior Dual $ 73.00 Monthly rate plus applicable taxes $ 68.40 $ 70.50 $_ _ 73.00 3.5% OAK POINT POOT Small slide pool rental only $ 47.00 Per hour for three lifeguards $ 45.00 $ 46.00 $...__ 47.00 2.296 Requires a minimum of three lifeguards Add'I lifeguards will be determined by management depending on group size and age Large pool rental only $ 32.00 Per hour for two lifeguards $ 30.00 $ 31.00 $ 32.00 3.2% Requires a minimum of 2 lifeguards Based on non-holiday hours Rental of entire pool facility $ 79.00 Per hour for five lifeguards $ 75.00 $ 77.00 $ 79.00 2.6% Requires a minimum of 5 lifeguards .............. ... POLICE. Police Officer Supplemental Employment $ 70.00 Per hour-Minimum charge is three hours $ 65.00 $ 65.00 $::::.::70.00 7.7% 2011 Fee Resolution Changes Service Fee Description 2009 2010 ;2011 %Change 10 to 11 INSpECTIONS Rental Licenses Fees $ 52.50 for 1st unit of 1 to 4 plex-additional units under same roof are$9.00 for each additional unit $ 50.00 $ 50.00 $ " 52.50 5.0% $ - Apartment Complex-$52.50 for the 1st unit in a complex+$9.00 for each additional rental unit $ - $ - System Access Charges-Utility Charges Sanitary Sewer Residential $ 550.00 Per R.E.C. $ 520.00 $ 535.00 $ 550.00 2.8% Industrial,public, office $ 1,010.00 Per Metro SAC $ 950.00 $ 980.00 $ 1,010.00 3.1% Commercial $ 1,420.00 Per Metro SAC $ 1,340.00 $ 1,380.00 $ 1,420.00 2.9% System Access Charges-Utility Charges Water Residential $ 2,440.00 Per R.E.C. $ 2,300.00 $ 2,370.00 $ 2,440.00 3.0% Industrial,public,office $ 3,180.00 Per Metro SAC $ 3,000.00 $ 3,090.00 $ 3,180.00 2.9% Commercial $ 3,810.00 Per Metro SAC $ 3,600.00 $ 3,700.00 $ 3 810.00 3.0% ................... .................. ......... .......... Water/Sewer Connection $ 17,450.00 A connection fee of$17,450 per single unit is applicable if the property has not participated $ 16,450.00 $ 16,940.00 $ ';;17 450.00 3.0% in the cost of the utilities by other methods. F.NAINBERINCi Permit for Right-of-Way Excavations Mainline utility and telecommunication installations $ 21.00 Per/100 L.F $ 20.00 $ 20.50 $ 21.00 2.4% Repair or service excavation $ 30.00 Turf area $ 28.00 $ 29.00 $ 30.00 3.4% $ 71.00 Pavement area $ 67.00 $ 69.00 $ 71.00 2.9% Residential driveway $ 30.00 $ 28.00 $ 29.00 $ : 30.00 3.4% Commercial driveway $ 71.00 $ 67.00 $ 69.00 $, 71.00 2.9% All other excavations $ 30.00 Turf area $ 28.00 $ 29.00 $ 30.00 3.4% $ 71.00 Pavement area $ 67.00 $ 69.00 $._ 71.00 2.9% Special Assessment Searches Non-resident $ 19.50 Per parcel $ 18.50 $ 19.00 $ 19.50 2.6% . ............... . ................. Street Signs 9 button delineator-red $ 121.00 Includes post&install $ 114.00 $ 117.00 $ .. 121.00. 3.4% $ 142.00 Includes breakaway post&install $ 134.00 $ 138.00 $ 142.00 2.9% Future road extension advisory $ 274.00 Includes 2 posts&install-36"x 30" $ 258.00 $ 266.00 $;" 274.00 3.0% Keep right symbol $ 146.00 Includes 9 button delin-yellow,no post $ 138.00 $ 142.00 $ 146.00 2.856 $ 173.00 Includes 9 button delin-yellow,install,post $ 163.00 $ 168.00:$ 173.00 3.0% $ 202.00 Includes 9 button delin-yellow,install&breakaway post $ 190.00 $ 196.00 $ .. 202.00 3.1% No outlet $ 133.00 Includes post&install-24"x 24" $ 125.00 $ 129.00 $ 133.00 3.1% No parking $ 152.00 Includes post&install-Used for Turn-Around $ 143.00 $ 147.00!$ 152.00 3.4% Stop sign $ 146.00 Includes brackets,install,no post-30"x 30" $ 138.00 $ 142.00 $:: 146.00 2.8% $ 173.00 Includes brackets,install,with post-30"x 30" $ 163.00 $ 168.00 I$:::: :173.00. 3.0% Street name sign $ 241.00 Includes install with 12'post-6"x 6" $ 227.00 $ 234.00 $ 241.00 3.0% $ 269.00 Includes install with 12'post-6"x 9" $ 254.00 $ 262.00 $ 269.00 2.756 $ 290.00 Includes install with 12'post-9"x 9" $ 273.00 $ 281.00 $ 290.00 3.2% Temporary street name sign $ 169.00 Plus 15%surcharge for maintenance until permanent signs in place $ 159.00 $ 164.00 $ 169.00 3.0% Weight Restrictions Truck overweight permit fee $ 42.00 Per trip $ 40.00 $ 41.00:$ :-42.00 2.4% 2011 Fee Resolution-Facilities Changes Group 1 I Group 2 ' ` Group 3 Facility Facility Information 2009-1 2010-1 2011-1 %Change 2009-2 2010-2 2011-2 %Change 2009-3 2010-3 2011-3 %Change 1011311 10 to11 IOtull CITY CRNTFR&COMMUNIELt1FEFING ROOMS Atrium I Conference Room Standard conference=scats 10;4:30-10 pen;Mon-Fri;(Fri.closing is 5:00 pm) 5 15.00 5 15.00 5 20.00 Per Hour 33.3% 5 20.00 5 20.00 5 25.00 Per Hour 25.0% 5 25.00 5 25.00 5 30.00 Per Hour 20.0% (2 hr.minimum rental) Limited availability,City priority Atrium II Conference Room Standard conference=scats 6;4:30-10 pm;Man-Fri;(Fri.closing is 5:00 pm) 5 15.00 5 15.00 5 20.00 Per Hour 33.3% 5 20.00 5 20.00 5 25.00 Per Hour 25.0% 5 25.00 5 25.00 5 30.00 Per Hour 20.0% (2 hr.minimum rental) Limited availability,City priority Atrium III Conference Roam Standard conference=scats 10;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) S 15.00 $ 15.00 5 20.00 Per Hour 33.3% $ 20.00 5 20.00 $ 25.00 Per Hour 25.0% 5 25.00 5 25.00 5 30.00 Per Hour 20.0% (2 hr.minimum rental) Limited availability,City priority Heritage Room(one quarter) Limited set-up;Maximum capacity=40 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) 5 20.00 5 20.00 5 25.00 Per Hour 25.0% 5 30.00 5 30.00 5 35.00 Per Hour 16.7% 5 40.00 5 40.00 5 45.00 Per Hour 12.5% (2 be.minimum rental) Heritage Room(half) Maximum capacity=100 4:30-10 pm;Man-Fri;(Fri.closing is 5:00 pm) 5 30.00 5 30.00 5 35.00 Per Hour 16.7% 5 40.00 5 40.00 5 45.00 Per Hour 12.5% 5 50.00 5 50.00 5 55.00 Per Hour 10.0% (2 hr.minimum rental) Heritage Room(whole) Maximum capacity=200 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) 5 45.00 5 45.00 5 50.00 Per Hour 11,1% 5 55.00 5 55.00 5 60.00 Per Hour 9.1% 5 85.00 5 85.00 5 90.00 Per Hour 5.9% (21w.minimum rental) Lower Atrium Maximum capacity=100.Limited availability w/special arrangements; 5 30.00 5 30.00 5 35.00 Per Hour 16.7% 5 40.00 5 40.00 5 45.00 Per Hour 115% 5 50.00 $ 50.00 $ 55.00 Per Hour 10.0% (2 hr.minimum rental) 4:30-t0 pm;Man-Fri;(Fri.closing is 5:00 pm) Prairie Room Standard conference=seats 18;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) 5 15.00 5 15.00 5 20.00 Per Hour 33.3% 5 20.00 5 20.00 5 25.00 Per Hour 25.0% 5 25.00 5 25.00 5 30.00 Per Hour 20.0% (2 hr.minimum rental) Limited availability;City priority GARDEN ROOM Private Dining Room(conformer room) Maximum capacity=40.4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) 5 20.00 5 20.00 5 25.00 25.0% 5 30.00 5 30.00 5 35.00 16.7% 5 40.00 5 40.00 5 45.00 12,596 (2 hr.minimum rental) COMMrIN[TY CENTER Ice Arena-Rinks t,2&3 Spring prime lime-March t thru June 13-3 p.m.to 11 p.m. 5 165.00 5 175.00 5 180.00 Per Hour 2.9% 5 165.00 5 175.00 5 180.00 Per Hour 2.9% 5 165.00 5 175.00 5 180.00 Per Hour 2.9% Monday-Friday,weekends,holiday,&non-school days; Spring non-prime time-March 1 thru June 13-before 3 p.m and after tt p.m. 5 140.00 5 150.00 5 155.00 Per Hour 3.3% 5 140.00 5 150.00 5 155.00 Per Hour 3.3% 5 140.00 5 150.00 5 155.00 Per Hour 3.3% Monday-Friday, Summer time-June 14 thru Aug 31-6 a.m.to II p.m. 5 140.00 5 165.00 5 180.00 Per Flour 9.1% 5 140.00 5 165.00 5 180.00 Per Hour 9.1% 5 140.00 5 165.00 5 180.00 Per Hour 9.1% Fall prime time-September I dim September 30-3 p.m.to II p.m. 5 165.00 5 175.00 5 180.00 Per Hour 29% 5 165.00 5 175.00 5 180.00 Per Hour 29% 5 165.00 $ 175.00 $ 180.00 Per Hour 2.9% Monday-Friday,weekends,holiday,&non-school days Pall non-prime time-September I thru September 30-before 3 p.m.and after ll p.m. 5 140.00 5 150.00 5 155.00 Per Hour 3.3% 5 140.00 5 150.00 5 155.00 Per Hour 3.3% 5 140.00 5 150.00 5 155.00 Per Hour 3.396 Monday-Friday; Winter prime time-October 1 thru February 29.3 p.m.to 11 p.m. 5 175.00 5 185.011 5 190.00 Per Hour 27% 5 175.00 5 185.00 5 190.00 Per Hour 27% 5 175.00 5 185.00 5 190.00 Per Hour 2.7% Monday-Friday,weekends,holiday,&non-school days; Winter non-prime limo-October I thru February 29-before 3 p.m.and after 11 p.m. 5 140,00 5 150.00 5 155,00 Per Hour 3.3% 5 140.00 5 150.00 5 155.00 Per Hour 3.3% S 140.00 5 150.00 5 155.00 Per Hour 3.3% Monday-Friday; MEETING ROOMS PARK FACILITIES RENTAL Riley-Jacques Earn Per hour-2 hour minimum-Maximum capacityvarine $ 40.00 5 40.00 $ 45.00 125% $ 40.00 $ 40.00 5 45.00 12.5% $ 40.00 5 40.00 5 45.00 125% CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims December 7, 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 203164 - 203751 Wire Transfers 4017 - 4049 4031 —4042 October Purchasing Card Payment City of Eden Prairie Council Check Summary 12/7/2010 Division Amount Division Amount General 86,234 601 Prairie Village Liquor 182,578 100 City Manager 826 602 Den Road Liquor 272,544 101 Legislative 3,065 603 Prairie View Liquor 176,458 102 Legal Counsel 20,080 605 Den Road Building 3,290 110 City Clerk 910 701 Water Fund 123,118 111 Customer Service 10,343 702 Sewer Fund 300,306 113 Communications 9,618 703 Storm Drainage Fund 109,084 114 Benefits&Training 8,601 Total Enterprise Funds 1,167,378 130 Assessing 208 131 Finance 815 316 WAFTA 711 132 Housing and Community Services 8,880 803 Escrow Fund 10,117 133 Planning 1,446 804 100 Year History 8 136 Public Safety Communications 2,540 809 Investment Fund 1,035 137 Economic Development 1,052 Total Agency Funds 11,871 150 Park Administration 2,955 151 Park Maintenance 42,831 807 Benefits Fund 878,314 153 Organized Athletics 6,334 810 Workers Comp Insurance 112,673 154 Community Center 10,391 812 Fleet Internal Service 105,820 155 Beaches -20 813 IT Internal Service 15,466 156 Youth Programs 1,360 814 Facilities Capital ISF 21,828 157 Special Events 262 815 Facilites Operating ISF 48,082 158 Senior Center 4,264 816 Facilites City Center ISF 68,436 159 Recreation Administration 5,088 817 Facilites Comm.Center ISF 72,153 160 Therapeutic Recreation 42 Total Internal Service Funds 1,322,773 161 Oak Point Pool 98 162 Arts 629 Report Total 3,339,344 163 Outdoor Center 1,514 166 CC-Therapeutic Recreation 10 168 Arts Center 3,819 180 Police 35,916 183 Emergency Preparedness 8,553 184 Fire 13,069 186 Inspections 832 200 Engineering 327 201 Street Maintenance 111,100 202 Street Lighting 66,810 Total General Funds 470,805 301 CDBG 24,895 303 Cemetary Operation 7,684 304 Senior Board 303 308 E-911 107 309 DWI Forfeiture 182 312 Recycle Rebate 102 Total Special Revenue Funds 33,272 315 Economic Development 114,293 502 Park Development 9,423 503 Utility Improvement 73,607 509 CIP Fund 85,474 512 CIP Trails 697 513 CIP Pavement Management 10,800 521 Trails Referendum 10,982 522 Improvement Projects 2006 27,968 Total Capital Project Funds 333,245 City of Eden Prairie Council Check Register 12/7/2010 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203664 276,694 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES Fee 203436 244,372 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4044 192,073 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 4024 189,184 CERIDIAN State Taxes Withheld Health and Benefits Payroll Taxes 4048 119,790 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4022 118,830 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 203648 112,673 LEAGUE MN CITIES INS TRUST Insurance Workers Comp Insurance Workers Comp Insurance 4028 111,734 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax 203274 109,599 MID-AMERICA REAL ESTATE TIF Payment Project Fund TIF Payment 203422 88,458 G.F.JEDLICKI INC Improvement Contracts Storm Drainage 203750 86,628 XCEL ENERGY Electric Traffic Signals 203362 84,862 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs 203470 80,912 MCKINSTRY ESSENTION INC Other Contracted Services CIP-Bonds 203554 63,685 XCEL ENERGY Electric Outdoor Center 203707 49,492 SL-SERCO Other Contracted Services Infiltration/Inflow Study 203257 44,851 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 203645 38,186 JOHNSON BROTHERS LIQUOR CO Merchandise for Resale Concessions 203455 36,771 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 203282 34,796 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 203658 30,262 MCF-LINO LAKES Other Contracted Services Utility Operations-General 203348 29,426 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 203549 28,454 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store 4042 27,950 US BANK Deposits Escrow 203352 27,896 XCEL ENERGY Electric City Hall-CAM 203744 23,966 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 203593 22,589 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 203513 22,512 SL-SERCO Other Contracted Services Infiltration/Inflow Study 203723 21,839 THORPE DISTRIBUTING Beer Prairie View Liquor Store 203213 21,521 DOBOSZENSKI&SONS Other Contracted Services Improvement Projects 2006 203212 20,545 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 203751 20,280 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 4026 19,461 1NG Deferred Compensation General Fund 203302 18,821 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 203584 18,725 BONNER&BORHART LLP Legal Legal Criminal Prosecution 203502 18,227 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 203694 17,897 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 203638 17,841 JASPER ENGINEERING&EQUIPMENT Process Control Equipment Water Treatment Plant 203610 17,225 FOSS EXTERIORS LLC Reimbursement Rehab 203745 16,960 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 203550 16,494 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 203689 15,965 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 203349 15,702 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 4025 15,363 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 203512 15,341 SIGNSOURCE Other Contracted Services Facilities Capital 4046 15,057 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203526 14,067 THORPE DISTRIBUTING Beer Den Road Liquor Store 203639 13,560 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 203636 13,520 J&D WINDOW CLEANING Janitor Service-General Bldg Cummins Grill House 203293 12,809 PHILLIPS WINE AND SPIRITS INC Wine Imported Den Road Liquor Store 203496 12,693 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 203451 12,550 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 203681 12,290 OMB GUNS Training Supplies Police 4021 11,580 US BANK TRUST HRA Health and Benefits 203463 11,497 LEAGUE MN CITIES INS TRUST Insurance Claims Sewer Utility-General 203601 10,846 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store 203253 10,819 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 4047 10,447 ING Deferred Compensation General Fund 203342 9,578 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 203571 9,369 ASPEN EQUIPMENT CO. Equipment Repair&Maint Fleet Operating 203399 9,007 DAY DISTRIBUTING Beer Prairie View Liquor Store 4049 9,000 ING Deferred Compensation General Fund 203582 8,838 BITUMINOUS ROADWAYS INC Landscape Materials/Supp Trails Referendum 203632 8,523 HUNERBERG CONSTRUCTION COMPANY Improvements to Land Park Acquisition&Development 203326 8,367 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store 203607 8,129 EMBEDDED SYSTEMS INC Other Contracted Services Emergency Preparedness 203346 7,685 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 203687 7,481 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 203397 7,082 CRYSTEEL TRUCK EQUIPMENT Machinery&Equipment Public Works 203469 6,970 MASTER SPRINKLER SYSTEMS Land Improvements Pleasant Hill Cemetery 203498 6,937 PRAIRIE ELECTRIC COMPANY Building Repair&Maint. Den Road Liquor Store 203611 6,905 G&K SERVICES Clothing&Uniforms Park Maintenance 203207 6,686 DAY DISTRIBUTING Misc Taxable Prairie Village Liquor Store 203471 6,588 MCQUAY INTERNATIONAL Contract Svcs-HVAC Police City Center 203238 6,251 GRAYMONT Treatment Chemicals Water Treatment Plant 203709 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 203713 6,047 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 203698 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 203542 5,933 WALL TRENDS INC Contract Svcs-General Bldg Senior Center 203655 5,927 MAACO Equipment Repair&Maint Fleet Operating 203735 5,860 VOLK PLUMBING&HEATING Building Repair&Maint. Sewer System Maintenance 203304 5,830 R.B.HEATING&AIR Other Contracted Services Rehab 203547 5,824 WINE MERCHANTS INC Transportation Prairie View Liquor Store 203186 5,642 BIFFS INC Waste Disposal Park Maintenance 203556 5,242 ZIEGLER INC Contract Svcs-Fire/Life/Safe Public Works/Parks 203727 5,238 TWIN CITY SEED CO Chemicals Park Maintenance 203626 5,158 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 203578 5,152 BELLBOY CORPORATION Transportation Prairie View Liquor Store 203357 5,000 US POSTMASTER Postage Community Brochure 203560 4,950 GUILFOIL,TIM Deposits Escrow 203206 4,900 DAKOTA COUNTY TECHNICAL COLLEG Instructor Service Utility Operations-General 203604 4,694 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 203244 4,687 HIGHWAY TECHNOLOGIES INC Capital Under$10,000 Fleet Operating 203315 4,588 SPRINGSTED INCORPORATED Other Contracted Services Project Fund 203588 4,559 BRAUER& ASSOCIATES LTD Other Contracted Services Capital Maint.&Reinvestment Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203737 4,540 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 203599 4,382 DAKOTA WOOD-GRINDING INC Other Rentals Street Maintenance 203182 4,318 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 203660 4,302 MCQUAY INTERNATIONAL Contract Svcs-Electrical Police City Center 203736 4,300 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 203394 4,280 COMMERCIAL REFRIGERATION SYSTE Repair&Maint-Ice Rink Ice Arena Maintenance 203676 4,236 NORTHLAND SYSTEMS INC Software IT Operating 203683 4,230 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 203718 4,021 STREICHERS Clothing&Uniforms Police 203377 4,008 BELLBOY CORPORATION Transportation Prairie View Liquor Store 203492 3,874 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 203557 3,769 ASPEN WASTE SYSTEMS INC. Waste Disposal Community Center Maintenance 203711 3,691 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 203197 3,662 CENTURYLINK Telephone IT Telephone 203225 3,641 FORTIN CONSULTING INC Other Contracted Services Storm Drainage 203567 3,557 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 203563 3,484 ABM JANITORIALSERVICES-NORTH C Janitor Service Utility Operations-General 203702 3,440 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant 203171 3,399 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Furniture 203295 3,360 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Den Road Building 203623 3,356 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 203404 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 203360 3,178 A-SCAPE INC Contract Svcs-Lawn Maint Arts Center 203431 3,064 GRAYMONT Treatment Chemicals Water Treatment Plant 203275 3,045 MIDWEST ASPHALT CORPORATION Patching Asphalt Street Maintenance 203741 3,029 WINE MERCHANTS INC Transportation Den Road Liquor Store 203353 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 203289 2,979 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store 203618 2,931 GREEN TOUCH SYSTEMS Roads-Dust Control Gravel Roads Dust Control 203390 2,825 CERIDIAN Ceridian IT Operating 203517 2,675 STAPLES ADVANTAGE Office Supplies Customer Service 203646 2,627 KEEPERS Clothing&Uniforms Police 203719 2,600 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 203716 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 203524 2,494 SURLY BREWING CO Beer Prairie Village Liquor Store 203194 2,336 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 203668 2,316 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 203510 2,309 SHADYWOOD TREE EXPERTS INC Other Contracted Services Douglas More House 203341 2,261 VINOCOPIA Transportation Prairie Village Liquor Store 203738 2,205 WHEELER HARDWARE COMPANY Building Repair&Maint. Utility Operations-General 203482 2,177 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 203627 2,161 HOHENSTEINS INC Beer Prairie View Liquor Store 203555 2,154 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 203619 2,022 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 203537 2,008 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 203659 1,902 MCNEILUS STEEL INC Equipment Parts Fleet Operating 203177 1,900 ATOMIC ARCHITECTURAL SHEET MET Contract Svcs-Roof Arts Center 203621 1,878 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 203575 1,871 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203403 1,860 DNR Awards Softball 203391 1,853 CHANHASSEN,CITY OF Other Contracted Services Softball 203730 1,853 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 203539 1,841 VERIZON WIRELESS Wireless Subscription IT Operating 4018 1,822 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 203247 1,814 HOHENSTEINS INC Beer Prairie Village Liquor Store 203264 1,792 LIFE SAFETY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 203530 1,763 TRAFFIC CONTROL CORPORATION Equipment Repair&Maint Traffic Signals 203339 1,690 VAN PAPER COMPANY Cleaning Supplies Police City Center 203740 1,652 WINE COMPANY,THE Transportation Prairie View Liquor Store 203202 1,645 CORVAL CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant 203477 1,637 MIDWEST ASPHALT CORPORATION Improvement Contracts CIP Trails 203263 1,625 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Storm Drainage 203732 1,582 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 203380 1,534 BLOOMINGTON,CITY OF Kennel Services Animal Control 203429 1,502 GRAINGER Supplies-Electrical Community Center Maintenance 203428 1,438 GLEWWE DOORS INC Building Repair&Maint. Water Treatment Plant 203574 1,414 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 203351 1,410 WORLD CLASS WINES INC Transportation Prairie Village Liquor Store 203703 1,368 SHADYWOOD TREE EXPERTS INC Other Contracted Services Douglas More House 203583 1,362 BLOOMINGTON,CITY OF Kennel Services Animal Control 203630 1,359 HOME DEPOT CREDIT SERVICES Supplies-Electrical Fire Station#4 203246 1,355 HOFF,BARRY&KOZAR,P.A. Legal Legal Council 203472 1,352 MEDICINE LAKE TOURS Special Event Fees Trips 203209 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf. City Hall-CAM 203337 1,330 USA SECURITY Other Assets Utility Operations-General 203201 1,312 COMPAR INC Computers IT Operating 203529 1,300 TOM DIETHELM BUILDERS Other Rentals Park Maintenance 203532 1,299 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 203231 1,294 GENUINE PARTS COMPANY Operating Supplies Street Maintenance 203493 1,276 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Ice Arena Maintenance 203720 1,267 SURLY BREWING CO Beer Prairie View Liquor Store 203407 1,253 ECOLAB INC Contract Svcs-Pest Control Historical Buildings 203523 1,251 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 203433 1,245 HACH COMPANY Laboratory Chemicals Water Treatment Plant 203389 1,245 CENTERPOINT ENERGY Gas Water Treatment Plant 203515 1,210 SPIRIT APPAREL&STUFF Recreation Supplies Special Events(CC) 203393 1,200 CLAREYS INC Protective Clothing Fire 203551 1,189 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 203234 1,189 GRAINGER Equipment Parts Fleet Operating 203708 1,185 SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 203418 1,181 FEDEX KINKO'S OFFICE AND PRINT Printing Infiltration/Inflow Study 203356 1,174 CENTERPOINT ENERGY Gas Water Treatment Plant 203224 1,155 FLAIR FOUNTAINS 02 Other Contracted Services Purgatory Creek Park 203662 1,155 MEDICINE LAKE TOURS Special Event Fees Trips 203545 1,137 WINE COMPANY,THE Transportation Den Road Liquor Store 203395 1,121 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service 203190 1,117 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Trails Referendum 203384 1,114 CARGO PROTECTORS INC Equipment Parts Sewer System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203533 1,105 TWIN CITY FILTER SERVICE INC Supplies-HVAC City Hall-CAM 203696 1,102 RED WING SHOE STORE Clothing&Uniforms Water Treatment Plant 203350 1,098 WORK CONNECTION,THE Other Contracted Services Park Maintenance 203520 1,037 STREICHERS Clothing&Uniforms Police 203336 1,035 US BANK Interest Investment Fund 4045 1,025 CERIDIAN Garnishment Withheld General Fund 203314 1,000 SPIRE FEDERAL CREDIT UNION Deposits Escrow 203640 999 JOHN HENRY FOSTER MINNESOTA IN Equipment Repair&Maint Water Treatment Plant 203191 992 BUCK,NATHAN Other Contracted Services Basketball 203376 974 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 203617 970 GRAPE BEGINNINGS Transportation Den Road Liquor Store 203616 962 GRAINGER Equipment Parts Water Wells 203541 922 VTI Equipment Repair&Maint Den Road Liquor Store 203478 922 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 203596 907 CLAREYS INC Safety Supplies Fleet Operating 203203 906 COSTCO Operating Supplies Community Center Admin 203294 902 PLEHAL BLACKTOPPING INC Other Contracted Services Trails Referendum 203396 900 COURT SURFACES&REPAIR Seal Coating Park Maintenance 203317 889 STAPLES ADVANTAGE Office Supplies Police 203323 884 SURLY BREWING CO Beer Prairie Village Liquor Store 203661 874 MEADOW GREEN LAWNS INC Deposits Escrow 203386 868 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 203204 865 CRETEX CONCRETE PRODUCTS NORTH Equipment Parts Storm Drainage 203586 849 BOURGET IMPORTS Transportation Den Road Liquor Store 203448 845 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Fleet Operating 203615 845 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 203236 833 GRANICUS INC Software Maintenance IT Operating 203573 832 ASSOCIATED BAG COMPANY Office Supplies Inspections-Administration 203552 824 WORK CONNECTION,THE Other Contracted Services Park Maintenance 203286 814 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 203656 800 MARTIN-MCALLISTER Employment Support Test Organizational Services 203481 788 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 203734 768 VISTAR CORPORATION Merchandise for Resale Concessions 203480 760 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 203665 751 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage 203503 742 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 203677 741 NORTHWEST ASPHALT Deposits Escrow 203223 725 FIRE SAFETY USA INC Small Tools Fire 203710 719 SOUTHWEST METRO TRANSIT Deposits Escrow 203589 711 CAMPBELL KNUTSON,P.A. Legal WAFTA 203281 674 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 203200 672 COMMERCIAL STEAM TEAM Other Contracted Services Den Road Liquor Store 203531 668 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie View Liquor Store 203678 668 ODAY,DANIEL Deposits Escrow 203594 657 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 203298 643 PUBLIC EMPLOYEES RETIREMENT AS Other Deductions Health and Benefits 203284 619 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 4027 615 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 203366 613 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203237 608 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 203313 600 SPECIAL SERVICES GROUP LLC Other Contracted Services Police 4023 599 CERIDIAN Garnishment Withheld General Fund 203597 598 CORVAL CONSTRUCTORS INC Contract Svcs-Ice Rink Ice Arena Maintenance 203467 597 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 203528 582 TIMBERWALL LANDSCAPE&MASONRY Landscape Materials/Supp Staring Lake 203222 580 FIELDSTONE VINEYARDS Wine Domestic Prairie Village Liquor Store 203273 576 METROPOLITAN FORD Equipment Parts Fleet Operating 203506 573 RESTORATION PROFESSIONALS Building Permits General Fund 203367 557 ANCHOR PAPER COMPANY Office Supplies Customer Service 203631 556 HOME DEPOT,THE Other Contracted Services Rehab 203412 555 ERIK'S BIKE SHOP Equipment Repair&Maint Police 203726 553 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 203187 547 BOUNDLESS NETWORK Printing Utility Operations-General 203416 544 FASTENAL COMPANY Equipment Parts Fleet Operating 203325 543 THE OASIS GROUP Employee Assistance Organizational Services 203199 528 CHIEF SUPPLY Small Tools Fire 203208 525 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 203193 522 CDW GOVERNMENT INC. Other Hardware IT Operating 203228 522 G&K SERVICES Clothing&Uniforms General Facilities 203174 507 AMERITRAK Other Contracted Services Snow&Ice Control 203307 500 ROSE CITY CANOPY INC Equipment Repair&Maint Fleet Operating 203400 497 DELEGARD TOOL CO Small Tools Fleet Operating 203432 495 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 203260 492 KEEPERS Operating Supplies Reserves 203484 490 MITY-LITE INC Capital Under$10,000 Furniture 203277 480 MINNESOTA CHIEFS OF POLICE ASS Tuition Reimbursement/School Police 203564 478 AL'S COFFEE Merchandise for Resale Concessions 203345 477 WINE COMPANY,THE Transportation Den Road Liquor Store 203270 474 MCQUAY INTERNATIONAL Contract Svcs-Electrical City Center Operations 203635 461 J H LARSON COMPANY Other Contracted Services Street Lighting 203426 449 GE CAPITAL Other Rentals Customer Service 203614 443 GENEVA OFFICE EXCHANGE Deposits Escrow 203165 442 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance 203437 436 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 203324 433 TEMPCO SYSTEMS Supplies-HVAC 3rd Sheet of Ice 203299 431 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 203682 431 PASSAGES Deposits Escrow 203405 428 EARL F ANDERSEN INC Signs Traffic Signs 203680 428 OLSEN COMPANIES Equipment Repair&Maint Fleet Operating 203251 420 J P COOKE CO,THE Operating Supplies Animal Control 203490 416 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice 203239 414 GREATAMERICA LEASING CORP. Postage Customer Service 203622 412 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 203590 408 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 203232 406 GINA MAMAS INC Operating Supplies Reserves 203649 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 203176 404 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 203483 401 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203250 400 IRRIGATION BY DESIGN Improvements to Land Improvement Projects 2006 203354 400 MINNESOTA POLLUTION CONTROL AG Licenses,Permits,Taxes Storm Drainage 203672 400 NAIOP Dues&Subscriptions Economic Development 203491 399 OLSEN COMPANIES Repair&Maint.Supplies Sewer System Maintenance 203747 398 WORLD CLASS WINES INC Transportation Den Road Liquor Store 203276 396 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 203613 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 203267 387 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 203684 386 PEPSI COLA COMPANY Merchandise for Resale Concessions 203321 382 STREICHERS Clothing&Uniforms Police 203340 381 VERIZON WIRELESS Pager&Cell Phone Park Maintenance 203688 379 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Police City Center 203364 374 ACTIVE NETWORK INC,THE Network Support IT Operating 203387 370 CENTER FOR HEALTHY LIVING Instructor Service Classes/Programs/Events 203408 365 EDEN III Deposits Escrow 203411 363 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 203666 354 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 203442 354 HULKE,CHRISTINE Accounts Receivable Community Center Admin 203297 351 PROSOURCE SUPPLY Supplies-General Bldg Community Center Maintenance 203401 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 203603 350 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 203444 349 IND SCHOOL DIST 272 Other Contracted Services Internal Events 203706 347 SIERRA CORPORATION Equipment Parts Fleet Operating 203170 339 AIR POWER EQUIP-DON'T USE-SEE Contract Svcs-Gener Fire Station#4 203580 338 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Infiltration/Inflow Study 203739 338 WIGLEY AND ASSOCIATES Software IT Operating 203331 337 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 203562 335 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 203566 335 ALEX AIR APPARATUS INC Equipment Repair&Maint Fire 203435 326 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 203188 326 BOURGET IMPORTS Transportation Prairie Village Liquor Store 203509 324 SCHMITZ,THOMAS Operating Supplies Fire 203195 323 CENTERPOINT ENERGY Gas Prairie View Liquor Store 203553 322 WORLD CLASS WINES INC Transportation Den Road Liquor Store 203306 320 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance 203430 318 GRAPE BEGINNINGS Transportation Den Road Liquor Store 203303 318 QWEST Telephone IT Telephone 203673 311 NEW BRIGHTON FORD Equipment Parts Fleet Operating 203717 309 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 203183 309 BERGET,LINETTE Instructor Service Outdoor Center 203489 305 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 203164 300 1 PLACE 2 PARTY INC Other Contracted Services Trips 203330 300 TWIN CITY AREA LABOR MGMT COUN Prepaid Expenses General Fund 203507 300 ROOT 0 MATIC Contract Svcs-Plumbing Ice Arena Maintenance 203343 296 WESTSIDE EQUIPMENT Equipment Repair&Maint Fleet Operating 203198 295 CHEMSEARCH Supplies-HVAC City Hall-CAM 203319 295 STEINER,SHARON Supply-Kitchen Senior Board 203637 294 JASON'S DELI Training Supplies Police 203674 294 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203592 290 CEMSTONE PRODUCTS COMPANY Repair&Maint.Supplies Storm Drainage 203691 290 PUCHALSKI,MARY Instructor Service Arts Center 203699 289 RJM Deposits Escrow 203344 280 WHEELER LUMBER LLC Other Rentals Street Maintenance 203579 280 BERGET,LINETTE Instructor Service Outdoor Center 203383 278 BROWN TRAFFIC PRODUCTS INC Operating Supplies Traffic Signals 203700 278 ROREM,ANN M Instructor Service Arts Center 203620 277 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 203248 276 HOLMES,TOM Other Contracted Services Volleyball 203628 276 HOLMES,TOM Other Contracted Services Volleyball 203731 274 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 203456 270 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 203189 267 BROADWAY RENTAL EQUIPMENT CO Other Rentals Emergency Preparedness 203271 266 MENARDS Repair&Maint.Supplies Water Treatment Plant 203245 263 HOBART Contract Svcs-Garden Romm Garden Room Repairs 203169 261 ACTION FLEET INC Equipment Repair&Maint Fleet Operating 203651 260 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 203653 257 LOAD'EM UP TRAILERS RENTAL AND Other Rentals Elections 203180 254 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 203634 254 IND SCHOOL DIST 272 Building Rental Community Band 203438 250 HERBERT,MARTHA Instructor Service Outdoor Center 203729 250 UPPER MIDWEST COMMUNITY POLICI Tuition Reimbursement/School Police 203576 249 BEARING INDUSTRIAL&SUPPLIES Equipment Parts Water Treatment Plant 203280 245 MINNESOTA VALLEY ELECTRIC COOP Electric Fredrick Miller Spring 203310 244 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 203568 244 AMERIPRIDE LINEN&APPAREL SER Clothing&Uniforms Den Road Liquor Store 203184 241 BERNE SCALE Equipment Testing/Cert. Water Treatment Plant 203378 240 BERGET,LINETTE Instructor Service Outdoor Center 203173 239 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 203252 239 JANEX INC Janitor Service City Hall-CAM 203704 237 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 203585 236 BOUNDLESS NETWORK Operating Supplies Ice Arena 203733 236 VINOCOPIA Transportation Den Road Liquor Store 203650 235 LEXISNEXIS Other Contracted Services Police 203235 232 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 203167 224 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 203519 219 STEVE LUCAS PHOTOGRAPHY Operating Supplies Fire 203525 218 TEE JAY NORTH INC Contract Svcs-General Bldg Community Center Maintenance 203371 217 ARNDT,DALE Small Tools Fleet Operating 203540 217 VINOCOPIA Transportation Den Road Liquor Store 203504 216 RAY,LEE Other Contracted Services Basketball 203508 216 SCHIPULL,JEFF Other Contracted Services Basketball 203279 215 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 203420 214 FORCE AMERICA Equipment Repair&Maint Fleet Operating 203543 214 WAYTEK INC Equipment Parts Fleet Operating 203242 205 HENNEPIN COUNTY TREASURER-TAXP Software Maintenance IT Operating 203443 203 IND SCHOOL DIST 272 Printing Community Center Admin 203445 203 ND SCHOOL DIST 272 Printing Halloween Party 203612 202 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203468 202 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 203459 200 KIDSYNC,LLC Operating Supplies Special Events(CC) 203721 198 TAYLOR,EMILY Instructor Service Arts Center 203715 198 STEMPF AUTOMOTIVE INDUSTRIES I Equipment Parts Fleet Operating 203218 198 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 203369 197 AOI ELECTRICAL LLC Equipment Parts Fleet Operating 203287 194 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 203485 194 MORGAN CREEK VINEYARDS Wine Domestic Den Road Liquor Store 203327 190 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 203439 185 HEUN ENTERPRISES,INC Liquor Den Road Liquor Store 203591 184 CAT&FIDDLE BEVERAGE Transportation Prairie View Liquor Store 203427 184 GINA MARIAS INC Operating Supplies Fire 203464 182 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 203447 182 INFRATECH Repair&Maint.Supplies Sewer System Maintenance 203249 182 INTOXIMETERS Miscellaneous DWI Forfeiture 203166 180 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 203338 180 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 203283 179 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 203229 178 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 203457 177 KEEPERS Clothing&Uniforms Fire 203178 175 BANK BEER CO Beer Prairie View Liquor Store 203633 175 IIMC Prepaid Expenses General Fund 203476 172 METROPOLITAN FORD Equipment Parts Fleet Operating 203175 171 ANCHOR PRINTING COMPANY Advertising Prairie Village Liquor Store 203309 169 SCHARBER&SONS Equipment Parts Fleet Operating 203392 167 CHIEF SUPPLY Small Tools Fire 203363 162 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 203701 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 203475 160 METRO ATHLETIC SUPPLY Repair&Maint.Supplies Round Lake 203514 160 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 203358 159 US POSTMASTER Postage Senior Center Administration 203511 157 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 203419 157 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 203569 155 ANCHOR PRINTING COMPANY Printing Police 203441 154 HOBART Contract Svcs-Garden Romm Garden Room Repairs 203382 152 BOYER TRUCKS Equipment Parts Fleet Operating 203581 150 BIFFS INC Waste Disposal Riley Lake 203365 150 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Concessions 4030 148 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 203535 148 UNIFORMS UNLIMITED Clothing&Uniforms Police 203559 145 GE CAPITAL Other Rentals Customer Service 203410 144 ELIASON,STEVE J Other Contracted Services Basketball 203265 143 LINMAN-STUNES,SAMANTHA Mileage&Parking Tree Disease 203272 140 METRO SALES INCORPORATED* Maintenance Contracts Utility Operations-General 203499 139 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 203243 138 HENRY,PAUL Other Contracted Services Volleyball 203368 137 ANCHOR PRINTING COMPANY Printing Police 203221 137 FERRELLGAS Motor Fuels Fleet Operating 203414 134 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203587 132 BOYER TRUCKS Equipment Parts Fleet Operating 203413 132 ETEMAD,AMIN Accounts Receivable Community Center Admin 203600 125 DALE GREEN COMPANY,THE Landscape Materials/Supp Trails Referendum 203316 125 ST PAUL,CITY OF Tuition Reimbursement/School Police 203534 124 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 203609 120 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 203705 119 SHRED-IT Waste Disposal City Center Operations 4019 116 VANCO SERVICES Miscellaneous Community Center Admin 203227 115 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 203421 112 FRANKLIN,WOODROW G Clothing&Uniforms Reserves 203409 110 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Assessing 203466 110 LOTTHAMMER,JAY Miscellaneous Administration 203269 108 MCPA/MN CRIME WATCH Miscellaneous Police 203695 108 RAY,LEE Other Contracted Services Basketball 203268 106 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 203296 105 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 203424 105 GARDEN ROOM FRATELLI'S GARDEN Employee Award Organizational Services 203675 104 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 203285 101 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 203179 101 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 4043 100 US BANK TRUST HRA Health and Benefits 203381 100 BOLD,PAULINE Instructor Service Outdoor Center 203415 100 FAGNANT,SUSAN Instructor Service Outdoor Center 203305 100 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 203663 100 MENARDS Cleaning Supplies Utility Operations-General 203647 100 KRAEMERS HARDWARE INC Repair&Maint.Supplies Water Metering 203230 97 GEIS,ROB Clothing&Uniforms Police 203625 97 HENNEPIN COUNTY TREASURER-TAXP Other Contracted Services Engineering 203361 96 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Park Maintenance 203216 96 EDEN PRAIRIE WINLECTRIC Equipment Parts Emergency Preparedness 203497 96 POMP'S TIRE SERVICE INC Tires Fleet Operating 4020 95 US BANK TRUST HRA Health and Benefits 203521 94 STROMBERG,JIM Accounts Receivable Community Center Admin 203450 93 JASON'S DELI Operating Supplies Reserves 203722 92 TEMP,JEFFERY L Other Contracted Services Volleyball 203670 92 MT GLOBAL LLC Transportation Prairie View Liquor Store 203527 91 TIGER TECHNOLOGIES Software Maintenance IT Operating 203254 91 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Water System Maintenance 203725 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Building 203679 88 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center 203460 88 KOCOUREK,JOAN Clothing&Uniforms Police 203724 85 TIMBERWALL LANDSCAPE&MASONRY Building Materials Staring Lake 203290 85 PBBS EQUIPMENT CORP Supplies-HVAC City Hall-CAM 203544 85 WEBSTER,JASON Accounts Receivable Community Center Admin 203667 85 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 203690 85 PREMIUM WATERS INC Operating Supplies Fire 203461 84 KRAEMERS HARDWARE INC Supplies-General Bldg Park Shelters 203374 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 203728 82 UNIFORMS UNLIMITED Clothing&Uniforms Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203624 81 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 203402 81 DIRECTV Cable TV Community Center Admin 203214 80 DONATELLE,JACOB Deposits Community Center Admin 203259 80 KEADY,ELLEN Deposits Community Center Admin 203606 80 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Administration 203446 79 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 203608 79 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 203712 77 SPECIALIZED ENVIRONMENTAL TECH Chemicals Park Maintenance 203220 77 FEDEX KINKO'S OFFICE AND PRINT Printing Communications 203423 75 GAGE,RYAN M Advertising Theatre Initiative 203536 75 US BANK Other Contracted Services Health and Benefits 203598 74 CROWN MARKING INC Operating Supplies City Clerk 203288 74 OSI BATTERIES INC Equipment Parts Fleet Operating 203561 72 A TO Z RENTAL CENTER Other Rentals City Clerk 203654 72 LOGIS Network Support IT Operating 203379 70 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Infiltration/Inflow Study 203372 68 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 203329 67 TRANSPORT GRAPHICS Office Supplies Fire 203652 67 LINDAHL,DAVID Mileage&Parking Economic Development 4029 67 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 203328 66 TOWNSEND,E JOHN AR Utility Water Enterprise Fund 203657 64 MASS BAR-MATE CORP Transportation Den Road Liquor Store 203558 64 FSH COMMUNICATIONS LLC Telephone Round Lake 203168 64 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 203226 63 FOX,STU Conference Expense Park Maintenance 203217 60 ESBENSEN,GEORGE Operating Supplies Fire 203192 60 CABILLOT,AUDREY Deposits Community Center Admin 203565 60 ALCOHOL&GAMBLING ENFORCEMENT Licenses&Taxes Den Road Liquor Store 203359 59 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 203595 58 CHRISTENSEN,MARJORIE Accounts Receivable Community Center Admin 203522 58 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 203570 56 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Animal Control 203458 56 KERNS,LORI Awards Organizational Services 203261 54 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 203322 53 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 203318 53 STEINBAUER,NATHAN AR Utility Water Enterprise Fund 203605 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 203488 50 MUSCULAR DYSTROPHY ASSOCIATION Deposits Escrow 203516 50 ST.ANDREWS EPISCOPAL CHURCH Deposits Escrow 203312 50 SIGNSOURCE Office Supplies Administration 203671 48 MURRAY,JOHN Other Contracted Services Basketball 203518 43 STEJSKAL,KAREN Accounts Receivable Community Center Admin 4017 40 VANCO SERVICES Other Contracted Services Sewer Accounting 203308 40 ROSEEN,BEVERLY Deposits Community Center Admin 203210 39 DELEGARD TOOL CO Small Tools Fleet Operating 203602 39 DELEGARD TOOL CO Small Tools Fleet Operating 203487 37 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 203258 37 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 203538 36 VANDEHEI,MARY Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 203462 34 LARSON,ARVID Accounts Receivable Community Center Admin 203172 33 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Day Care 203385 30 CATCO PARTS SERVICE Equipment Parts Fleet Operating 203714 29 STAPLES ADVANTAGE Office Supplies Customer Service 203473 28 MENARDS Small Tools Water Treatment Plant 203434 26 HARCHYSEN,TAMARA Accounts Receivable Community Center Admin 203266 26 LORENZ LUBRICANT COMPANY Equipment Parts Fleet Operating 203334 25 UNIVERSITY OF MINNESOTA Other Contracted Services Animal Control 203311 24 SIGNAL SYSTEMS INC. Other Contracted Services Organizational Services 203697 23 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 203486 22 MT GLOBAL LLC Wine Imported Den Road Liquor Store 203335 21 UPS Equipment Repair&Maint Public Safety Communications 203333 20 UNIFORMS UNLIMITED Clothing&Uniforms Police 203185 20 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 203205 20 CUMMING,ARTHUR Deposits Community Center Admin 203215 20 DONATELLE,JESSICA Deposits Community Center Admin 203233 20 GOODWIN,BRUCE Deposits Community Center Admin 203262 20 KUYAVA,JOYCE Deposits Community Center Admin 203320 20 STENDER,SAMUEL Deposits Community Center Admin 203332 20 UGLUM,GLADYS Accounts Receivable Community Center Admin 203406 17 ECKER,MEGAN Accounts Receivable Community Center Admin 203373 17 ASPEN MILLS Clothing&Uniforms Police 203572 17 ASPEN MILLS Clothing&Uniforms Police 203370 15 APPLIANCE OUTLET CENTER Waste Disposal City Hall-CAM 203440 15 HILOWIE,FADUMA Accounts Receivable Community Center Admin 203398 14 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 203425 14 GARVEY,ERICA Accounts Receivable Community Center Admin 203417 13 FASTSIGNS Operating Supplies Ice Arena 203465 12 LOES OIL COMPANY Waste Disposal Fleet Operating 203375 11 BATTERIES PLUS Supplies-Electrical City Center Operations 203449 11 JANEX INC Janitor Service City Hall-CAM 203241 10 HED,CAROL Accounts Receivable Community Center Admin 203479 10 MILES,SHARON Accounts Receivable Community Center Admin 203669 9 MINNESOTA VALLEY ELECTRIC COOP Electric Street Lighting 203240 9 HD SUPPLY WATERWORKS LTD Equipment Parts Water Treatment Plant 203474 6 MERLINS ACE HARDWARE Small Tools Street Maintenance 203219 5 FASTENAL COMPANY Equipment Parts Fleet Operating 3,339,344 Grand Total City of Eden Prairie Purchasing Card Payment Report 10/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 83 US-Wood for Pond HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage -16 US-Return HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 20 US-Truck 727 Boxes HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 39 US-Padlocks-Lift Station HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 52 US-Trail Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Outdoor Center 8 US-Picnic Table Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Outdoor Center 22 US-Reimbursed-Personal Use DOLLAR TREE STORES,INC. Deposits Escrow 12 US-Bingo Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Administration 21 US-Card Making Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Senior Center Administration 75 US-Chili Cook-off Gift Cards TARGET Awards Internal Events 4 US-Chili Cook-off Crackers RAINBOW FOODS INC. Operating Supplies Internal Events 14 US-DecorationsChllieCook-off PARTY CITY Operating Supplies Internal Events 77 US-Event Tickets MUSEUM OF RUSSIAN ART,THE Special Event Fees Red Hat 14 US-Kitchen Supplies WALMART COMMUNITY Operating Supplies Senior Center Administration 80 US-Certification Dues NCTRC Dues&Subscriptions Senior Center Administration 40 US-Utility Knives HOME DEPOT CREDIT SERVICES Small Tools Infiltration/Inflow Study 51 US-Car Cleaner NAPA AUTO PARTS Repair&Maint.Supplies Utility Operations-General 74 US-Mailbox HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer System Maintenance 34 US-Food-AWWA Confer. GRANT HOUSE HOTEL&EATERY Travel Expense Utility Operations-General 493 US-AWWA Conference SUITE HOTEL,THE Travel Expense Utility Operations-General 80 US-MN Fall Expo-for 2 MN FALL MAINTENANCE EXPO Conference Expense Utility Operations-General 170 US-Invasive Species Confer. PAYPAL INC Conference Expense Tree Disease 150 US-Toner for Conf.Room OFFICE DEPOT CREDIT PLAN Office Supplies Fire 16 US-Station 1 Coffee Filters BERRY COFFEE COMPANY Operating Supplies Fire 437 US-Holiday Cards COURAGE CARDS Operating Supplies Fire 185 US-Symposium-S,Taylor HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 303 US-Officer's Meeting Food BUCA Operating Supplies Fire 102 US-Catch Basin Repair HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 7 US-React Deployment NORSKE NOOK Operating Supplies Fire 38 US-Conference-R.Heron SENSIBLE LAND USE COALITION Conference Expense Planning 38 US-Conference-S.Durham SENSIBLE LAND USE COALITION Conference Expense Planning 38 US-Conference-Scott Kipp SENSIBLE LAND USE COALITION Conference Expense Planning 515 US-Conference-M.Franzen RAIL-VOLUTION.COM Conference Expense Planning 299 US-Airfare for M.Franzen DELTA AIR Conference Expense Planning 46 US-Computer Forensics MICRO CENTER Miscellaneous IT Operating 21 US-Irrigation Scale TARGET Operating Supplies Park Maintenance 39 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 27 US-Fertilizer Tarp HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance -27 US-Return Tarp HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 5 US-Irrigation HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 77 US-Cemetery Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 90 US-Antenna For Well House REMOTE CONTROL TECHNOLOGY Equipment Parts Water Wells 399 US-PLC Training DEC CORPORATION Tuition Reimbursement/School Water Treatment Plant 10 US-Observatory Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Outdoor Center 364 US-Truck Tool Box CPO DELTA TRUCK BOXES Equipment Parts Fleet Operating 326 US-Erosion Control Equip. TWIN CITY SEED CO Landscape Materials/Supp Richard T.Anderson Cons.Area 165 US-Erosion Control Equip. TWIN CITY SEED CO Landscape Materials/Supp Richard T.Anderson Cons.Area 12 US-Observatory Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 30 US-Amphitheater Block Repair HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 74 US-Observatory Supplies HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 13 US-Observatory Supplies HOME DEPOT CREDIT SERVICES Small Tools Park Maintenance 200 US-J.Conley Retirement Gift BEST BUY Employee Award Organizational Services 9 US-Repair Class A Uniforms STITCH IT Operating Supplies Fire 30 US-Adapter Cable EASYSYNC LTD Repair&Maint.Supplies Public Safety Communications 23 US-Baggage Check DELTA AIR Operating Supplies Fire 25 US-Baggage Check DELTA AIR Operating Supplies Fire 101 US-Power Supplies-Radio RADIOSHACK Repair&Maint.Supplies Public Safety Communications 220 US-Flood Response-S.Taylor AMERICINN Operating Supplies Fire 198 US-Flood Response-Koernig AMERICINN Operating Supplies Fire 38 US-Lunch-Flood Response SIGNATURE BAR&GRILLE Operating Supplies Fire 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Reocurr.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 2,238 US-Aug'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 1,799 US-Aug'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 659 US-Aug'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -94 US-Aug'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 340 US-Conference-S.Kotchevar ARROWHEAD RESORT&CONFERENCE Travel Expense Finance 340 US-Conference-T.Wilson ARROWHEAD RESORT&CONFERENCE Travel Expense Finance 20 US-Charge US BANK Deposits Escrow -20 US-Credit US BANK Deposits Escrow 135 US-GFOA Training Seminar GOVERNMENT FINANCE OFFICERS AS Conference Expense Finance Amount Explanation Vendor Account Description Business Unit 19 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 73 US-Cafe Food RAINBOW FOODS INC. Merchandise for Resale Concessions 18 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 71 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 15 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 21 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 20 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 5 US-Café Food HOLIDAY STATION STORES INC Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 16 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 1,547 US-Freezer&Accessories SUPERIOR PRODUCTS MFG CO Capital Under$10,000 Concessions 15 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 36 US-Cafe Food TARGET Operating Supplies Community Center Admin 53 US-Cafe Food RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 48 US-EPCC Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Concessions 50 US-Café Food TARGET Merchandise for Resale Concessions 26 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 797 US-Shop Welding Supplies TOLL GAS AND WELDING SUPPLY Repair&Maint.Supplies Sewer System Maintenance 359 US-Air Release M.H.Parts SPS COMPANIES Equipment Parts Water System Maintenance 29 US-Air Release M.H.Parts HOME DEPOT CREDIT SERVICES Equipment Parts Water System Maintenance 45 US-MNCAR Expo Event MNCAR EXCHANGE,THE Conference Expense Economic Development 585 US-TekneAwardsBanquet(3) MINNESOTA HIGH TECH ASSOCIATIO Conference Expense Economic Development -45 US-MNCAr Expo Refund MNCAR EXCHANGE,THE Conference Expense Economic Development 312 US-Annual IABC Dues IABC Dues&Subscriptions Communications 190 US-Workshop Food ROLY POLY Miscellaneous City Council 55 US-Sunshine Fund FTD.COM Deposits Escrow 6 US-Parking MSP AIRPORT Mileage&Parking Administration 235 US-Workshop Food BAKERS'RIBS Miscellaneous City Council 43 US-Sunshine Fund BACHMANS CREDIT DEPT Deposits Escrow 8 US-Blog TIGER TECHNOLOGIES Software IT Operating 595 US-NPRA Expo-L.Danhauser NRPA Conference Expense Parks Administration 550 US-NPRA Expo-Lyndell Fry NRPA Conference Expense Parks Administration 550 US-NPRA Expo-Bob Lanzi NRPA Conference Expense Parks Administration 409 US-Refund Next Statement NRPA Conference Expense Parks Administration 494 US-NPRA Expo-Stuart Fox NRPA Conference Expense Parks Administration 357 US-NPRA Expo-W.Sevenich NRPA Conference Expense Parks Administration 100 US-Fire Training Course PENNWELL Tuition Reimbursement/School Fire 140 US-Concrete Mix HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage -52 US-Return Bags of Mix HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 24 US-Water Main Repair-Late ARBY'S Repair&Maint.Supplies Water System Maintenance 895 US-Honda Generator WISE RENTALS Small Tools Sewer System Maintenance 50 US-Lunch-St.Cloud Trip(3) MEXICAN VILLAGE TOO Tuition Reimbursement/School Water Treatment Plant 30 US-ARMA Meeting ARMA INTERNATIONAL Conference Expense City Clerk 230 US-Water Resources Confer. UNIVERSITY OF MINNESOTA Conference Expense Engineering 118 US-Woodchips for Tech.Drive HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 148 US-Woodchips for Tech.Drive HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 118 US-Woodchips for Tech.Drive HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 59 US-Woodchips for Tech.Drive HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 31 US-Cemetery Equipment HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 38 US-Purgatory Drain Tile Parts HOME DEPOT CREDIT SERVICES Landscape Materials/Supp Purgatory Creek Park 50 US-Recertification-R.Gulden SAFE KIDS NORTHWEST METRO MINN Licenses,Permits,Taxes Police 52 US-Fraud Investigation JASON'S DELI Operating Supplies Police 79 US-Awning Ann Tube AWNINGS BY ZIP DEE Operating Supplies Police 41 US-Concrete Crew Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 47 US-Pottery Tool Kit MICHAELS-THE ARTS&CRAFTS S Operating Supplies Arts Center 62 US-Clay Tool Kits BLICK ART MATERIALS Operating Supplies Arts Center 217 US-Date Change on Signs SIGN A RAMA Capital Under$10,000 Theatre Initiative 11 US-Packing Tape for Signs HOME DEPOT CREDIT SERVICES Operating Supplies Special Events Administration 48 US-Table Cloths-Events TARGET Operating Supplies Special Events Administration 145 US-Pottery Studio Sign FASTSIGNS Building Arts Center 41 US-Outdoor Plants for EPCC HOME DEPOT CREDIT SERVICES Operating Supplies Specialty Fitness Programs 96 US-B-Day Party Supplies DOLLARDAYS.COM Operating Supplies Birthday Parties 120 US-Craft Party Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 61 US-Craft Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 209 US-B-Day Party Supplies ORIENTAL TRADING Operating Supplies Birthday Parties 17 US-Playcare Decorations HOME DEPOT CREDIT SERVICES Operating Supplies Day Care 30 US-Operating Supplies TARGET Office Supplies Community Center Admin 13 US-B-Day Party Juice Boxes TARGET Merchandise for Resale Concessions 88 US-B-Day Party Supplies PARTY CITY Operating Supplies Birthday Parties 134 US-Basketballs SPORTS AUTHORITY Recreation Supplies Gymnasium(CC) 9 US-Box for Basketballs OFFICEMAX CREDIT PLAN Operating Supplies Gymnasium(CC) 38 US-Bank Bag Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Community Center Admin 100 US-Label Maker Rolls HAWK LABELING SYSTEMS Operating Supplies Concessions 102 US-Label Maker Rolls HAWK LABELING SYSTEMS Operating Supplies Community Center Admin Amount Explanation Vendor Account Description Business Unit 324 US-B-Day Party Supplies S&S WORLDWIDE Operating Supplies Birthday Parties 88 US-Sign Holders-Park&Rec OFFICE DEPOT CREDIT PLAN Operating Supplies Recreation Administration 28 US-Sign Holders-Sr.Center OFFICE DEPOT CREDIT PLAN Office Supplies Senior Center Administration 113 US-Sign Holders-EPCC OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 42 US-B-Day Party Supplies TARGET Operating Supplies Birthday Parties 30 US-Craft Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Birthday Parties 98 US-Motel-MAAO Conference MANKATO CITY CENTER HOTEL Travel Expense Assessing 92 US-Landscape Fabric HOME DEPOT CREDIT SERVICES Asphalt Overlay Street Maintenance 159 US-Concrete for Sign HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signs 142 US-Fence Stain HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 27 US-Fence Supplies HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 72 US-Fence Supplies HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 87 US-Fishing Pier Supplies HOME DEPOT CREDIT SERVICES Building Materials Outdoor Center 28 US-Critter Food PETCO Operating Supplies Outdoor Center 6 US-Critter Food PETCO Operating Supplies Outdoor Center 24 US-Critter Food PETCO Operating Supplies Outdoor Center 75 US-Observatory Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Outdoor Center 855 US-Scope ORION TELESCOPES&BINOCULARS Capital Under$10,000 Park Acquisition&Development 25 US-Critter Food PETCO Operating Supplies Outdoor Center 78 US-Program Trip Food FRESH SEASONS MARKET Program Trips Outdoor Center 9 US-Cemetery Bench Parts HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 3 US-Bench Repair HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 46 US-Cemetery Bench Boards HOME DEPOT CREDIT SERVICES Building Materials Park Maintenance 93 US-Faucet Shower Cartridge HD SUPPLY FACILITIES MAINTENAN Repair&Maint.Supplies City Hall-CAM 17 US-2011 Planner FRANKLIN COVEY Operating Supplies Youth Programs Administration 6 US-Sunbonnet Day Supplies TARGET Operating Supplies Sunbonnet Days 135 US-Membership Application AAHPERD Dues&Subscriptions Youth Programs Administration 25 US-Leadership Training Book BARNES&NOBLE Operating Supplies Youth Programs Administration 47 US-Art Supplies-MEA Trip ORIENTAL TRADING Operating Supplies Special Events&Trips 175 US-Gymnastics-Tumbling FLAGHOUSE Recreation Supplies Youth Programs Administration 300 US-Tennis Equipment ONCOURT OFFCOURT,INC Recreation Supplies Tennis 293 US-Recreation Supplies DISCOUNT SCHOOL SUPPLY Recreation Supplies Playgrounds 33 US-Archery Equipment ELECTRA START Recreation Supplies Summer Skill Development 236 US-Tennis Equipment GOPHER Recreation Supplies Tennis 34 US-September WILS Meeting KOWALSKI'S MARKET Operating Supplies Youth Programs Administration 39 US-SoulFire Service WALGREEN'S#5080 Operating Supplies Youth Programs Administration 11 US-Light Bulbs HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 25 US-General Program Supplies TARGET Operating Supplies Therapeutic Rec Administration 35 US-Sunbonnet Day Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Sunbonnet Days 10 US-Everyone Can Dance OFFICEMAX CREDIT PLAN Operating Supplies CC-Leisure Education 26 US-Sunbonnet Day Supplies CVS PHARMACY Operating Supplies Sunbonnet Days 13 US-Sunbonnet Day Supplies CVS PHARMACY Operating Supplies Sunbonnet Days 3 US-Sunbonnet Day Supplies PARTY CITY Operating Supplies Sunbonnet Days 17 US-Around Town Tickets STAGES THEATRE COMPANY Special Event Fees Around Town 53 US-Fitness Supplies TARGET Operating Supplies Fitness Center 102 US-Class Equipment MOVE YA Operating Supplies Fitness Classes 6 US-Fitness Open House PARTY CITY Operating Supplies Fitness Center 250 US-Monthly Fee SCW FITNESS Licenses,Permits,Taxes Fitness Classes 92 US-Swim Lessons Equipment ADOLPH KIEFER&ASSOCIATES Operating Supplies Oak Point Lessons 50 US-Training PAYPAL INC Tuition Reimbursement/School Police 82 US-Motel-K9 Training BAYMONT INN&SUITES Canine Supplies Police 80 US-Shipping-Equip.Repair UPS STORE,THE Equipment Repair&Maint Police -75 US-Credit US BANK Deposits Escrow 101 US-Motel K9 Train.J.Irmiter BAYMONT INN&SUITES Canine Supplies Police 60 US-Training Book WINNING MIND Training Supplies Police 79 US-NCIC Train.-Stacy Boyer BEST WESTERN KELLY INN,THE Tuition Reimbursement/School Police 79 US-NCIC Train-S.Mitchell BEST WESTERN KELLY INN,THE Tuition Reimbursement/School Police 90 US-NCIC Train-Bill Wyffels BEST WESTERN KELLY INN,THE Tuition Reimbursement/School Police 28 US-Dept.Training Food PANERA BREAD Training Supplies Police -369 US-Credit Last Month Chrg NEWEGG.COM Deposits Escrow -108 US-Credit Last Month Chrg US BANK Deposits Escrow -108 US-Credit Last Month Chrg US BANK Deposits Escrow -108 US-Credit Last Month Chrg US BANK Deposits Escrow 29 US-In and Out US BANK Deposits Escrow 13 US-In and Out US BANK Deposits Escrow -29 US-In and Out US BANK Deposits Escrow -13 US-In and Out US BANK Deposits Escrow 13 US-In and Out US BANK Deposits Escrow -13 US-In and Out US BANK Deposits Escrow 13 US-In and Out US BANK Deposits Escrow 13 US-In and Out US BANK Deposits Escrow -13 US-In and Out US BANK Deposits Escrow -13 US-In and Out US BANK Deposits Escrow 13 US-In and Out US BANK Deposits Escrow -13 US-In and Out US BANK Deposits Escrow 235 US-Training-Adam Feidt MN GIS/LIS Conference Expense IT Operating Amount Explanation Vendor Account Description Business Unit 25 US-Online Training PAYPAL INC Conference Expense IT Operating 69 US-Conference Call Software WEBEX COMMUNICATIONS Computers IT Operating 46 US-Landscape Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 17 US-Irrigation Repair Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 118 US-Landscape Supplies HEDBERG AGGREGATES Repair&Maint.Supplies Water System Maintenance 2 US-Irrigation Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water System Maintenance 27,950 Report Total CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.A. Community Development/Planning The Pointe on Lake Riley-Leu Janet Jeremiah, Scott A. Kipp Rescinding Approvals Requested Action Move to: • Approve 2nd Reading of the Ordinance rescinding Ordinance No. 25-2007-PUD-11-2007 which approved the Planned Unit Development District Review and Zoning District Amendment within the R1-22 Zoning District of The Pointe on Lake Riley-Leu for one lot, approved by the City Council on December 3, 2007; and • Approve Development Agreement Synopsis In 2007, the Leu's purchased 3 lots and asked the City to approve a subdivision that combined 3 lots into one lot for the purpose of building one house. In December 2007 the City Council approved the Pointe at Lake Riley—Leu subdivision. The Leu's have recently decided not to build and would like to rescind the one lot subdivision so that the property may be sold as 3 individual lots,thus restoring the property to its zoning and subdivision status before the Development Agreement and all approvals were granted by the City. Since the 2007 subdivision was approved through a PUD zoning action, a public hearing and recommendation by the Planning Commission is required to rescind the approvals. Attachments 1. Ordinance rescinding the PUD District Review and Zoning District Amendment 2. Development Agreement 3. Original attachments: • Ordinance No. 25-2007-PUD-1 1-2007 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THE POINTE ON LAKE RILEY-LEU THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into as of December 7, 2010,by Karen M. Leu and Jeffery D. Leu, formerly husband and wife, and presently each a single person,hereinafter collectively referred to as"Developer,"and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City"; WHEREAS, as of December 3, 2007, Developer and the City entered into that certain Amendment to Development Agreement The Pointe on Lake Riley-Leu pertaining to the development of certain real property(the"Property")described on Exhibit A hereto(hereinafter the "Amendment to Development Agreement"). The Amendment to Development Agreement was filed for record December 6, 2007, as Hennepin County Registrar of Titles Document No. 4451991. WHEREAS, the Amendment to Development Agreement pertained to and documented certain approvals granted by the City for the Property, including, Planned Unit Development Concept Review on 2 acres, Planned Unit Development District Review and Zoning District Amendment with waivers within the R1-22 zoning district on 2 acres,and Preliminary Plat and Final Plat of 2 acres into 1 lot, said Final Plat being designated as "The Pointe on Lake Riley Second Addition"(the"Second Addition Plat"). The Second Addition Plat has not been filed for record and Developer has otherwise failed to comply with all conditions of approval of the Second Addition Plat. As a result, the Second Addition Plat is null and void and of no force or effect. WHEREAS,Developer has requested that the City approve rescission of the Amendment to Development Agreement and the approvals granted by the City as referenced therein thus restoring the Property to its status before such approvals were granted by the City. Leu/2ndAmendtoDevelopmentAgmt-Clean 1 WHEREAS,the foregoing preambles and recitals are incorporated in and made a part of this Second Amendment. NOW, THEREFORE, in consideration of the City adopting Resolution No. rescinding Resolution No. 2007-106 which approved the Planned Unit Development Concept Review, Ordinance No. rescinding Ordinance No. 25-2007-PUD-11-2007 which approved the Planned Unit Development District Review and Zoning District Amendment with waivers within the R1-22 Zoning District,Resolution No. rescinding Resolution No. 2007-107 which approved the Preliminary Plat, Resolution No. rescinding Resolution No. 2007-125 which approved the Final Plat of The Pointe on Lake Riley Second Addition, and Resolution No. authorizing the execution of this Amendment rescinding the terms of the Amendment to Development Agreement, the parties hereby agree as follows: 1. City Council Resolution No. 2007-106 approving the Planned Unit Development Concept Review,Resolutions No. 2007-107 and No. 2007-125 approving the Preliminary Plat and Final Plat of The Pointe on Lake Riley Second Addition,and Ordinance No.25-2007-PUD-11-2007 for Planned Unit Development District Review and Zoning District Amendment with Waivers within the R1-22 Zoning District have been rescinded and are of no further force or effect. 2. The City and Developer confirm and acknowledge that the Plat of The Pointe on Lake Riley Second Addition was not filed for record, that Developer otherwise failed to meet all conditions of approval of such Plat and that the Plat of The Pointe on Lake Riley Second Addition is null and void and of no force or effect. 3. The Amendment to Development Agreement is hereby rescinded in its entirety and is of no force or effect. The original Development Agreement Pointe at Lake Riley, dated June 21, 2005, and filed for record July 19, 2005, as Hennepin County Registrar of Titles Document No. 4137447,remains in effect in all of its terms and conditions. The approvals granted by the City and referenced in said Development Agreement, including,but not limited to, approvals for the Plat of The Pointe on Lake Riley, are not rescinded and remain fully in effect. IN WITNESS WHEREOF,the City and Developer have executed this Second Amendment effective as of the date first above written. Leu/2ndAmendtoDevelopmentAgmt-Clean 2 DEVELOPER CITY OF EDEN PRAIRIE By: Jeffery D. Leu Phil Young, Mayor By: Jay Lotthammer,Interim City Manager Karen M. Leu STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Phil Young and Jay Lotthammer, respectively the Mayor and the Interim City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by Jeffery D. Leu Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010,by Karen M. Leu Notary Public Leu/2ndAmendtoDevelopmentAgmt-Clean 3 EXHIBIT A LEGAL DESCRIPTION Lots 1, 2 and 3, Block 1, THE POINTE ON LAKE RILEY, Hennepin County, MN. Leu/2ndAmendtoDevelopmentAgmt-Clean 4 THE POINTE ON LAKE RILEY—LEU RESCINDING CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, RESCINDING ORDINANCE NO. 25-2007-PUD-11-2007 WHICH AMENDED THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated to rescind the action taken by the City Council adopting Ordinance No. 25-2007-PUD-11-2007 which amended the land within the R1- 22 Zoning District for a one single-family lot subdivision. Section 3. The land shall no longer be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2007, entered into between Jeffery D. Leu and Karen M. Leu, and the City of Eden Prairie, (hereinafter "Development Agreement"). Section 4. Rescission of Ordinance 25-2007-PUD-11-2007 is hereby adopted, restoring zoning of the land to its status before adoption of Ordinance 25-2007-PUD-11-2007 by the City. Section 5. 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 6. 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 7th day of December, 2010, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 7th day of December, 2010. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on . EXHIBIT A Lot 1, Block 1, THE POINTE ON LAKE RILEY 2ND ADDITION, Hennepin County, MN. THE POINTE ON LAKE RILEY -LEU CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 25-2007-PUD-11-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter,the "land")is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the R1-22 Zoning District 25-2007-PUD-11-2007 (hereinafter "PUD-11-2007-R1-22). Section 3. The City Council hereby makes the following findings: A. PUD-11-2007-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-11-2007-R1-22 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-11-2007-R1-22 are justified by the design of the development described therein. D. PUD-11-2007-R1-22 is of sufficient size, composition, and arrangement that its construction,marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of December 3, 2007, entered into between Jeffrey D. Leu and Karen M. Leu, G&L Land Investment, L.L.C. and the City of Eden Prairie, (hereinafter "Development Agreement"). The Development Agreement contains the terms and conditions of PUD-11-2007-R1-22, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the R1-22 Zoning District and shall be included hereafter in the Planned Unit Development 11-2007-R1-22, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of October,2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 3rd day of December,2007. ATTEST: Ka leen orta, City Clerk Phil oung,Mayor PUBLISHED in the Eden Prairie Sun Current on 2 2(! # ) I 3 ,2007. E IIT A PUD Legal Description — Legal Description Before Final Plat Lots 1,2, and 3, Block 1, The Pointe on Lake Riley Legal Description After Final Plat Lot 1,Block 1,The Pointe on Lake Riley Second Addition CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XI.B. Office of the City Manager/ Fee Schedule Ordinance—2nd Finance, Sue Kotchevar Reading Requested Action Move to: Approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt Resolution approving Summary publication. Synopsis This Ordinance establishes a fee schedule for the City's costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information The first reading of this ordinance was approved at the December 7, 2010, Council meeting. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an"Official Control" as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachment Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. XX-2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in it's entirely the "Fee Schedule for Administration of Official Controls" with the 2011 fee schedule set forth below. The following fees are prescribed for the review, investigation and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION Building Permit-Valuation $1 to $500 $35.00 $501 to $2,000 $35.00 1st$500 plus $3.85 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $92.75 1st$2,000 plus $17.60 each add'l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $497.55 1st$25,000 plus $12.90 each add'l $1,000 or fraction thereof,to & including$50,000 $50,001 to $100,000 $820.05 1st$50,000 plus $9.00 each add'l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,270.05 1st $100,000 plus $7.20 each add'l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,150.05 1st$500,000 plus $5.95 each add'l $1,000 or fraction thereof,to & including $1,000,000 $1,000,001 &up $7,125.05 1st$1,000,000 plus $4.80 each add'l $1,000 or fraction thereof SERVICE FEE DESCRIPTION Building Permit Other Inspections & Fees Plan checking 65% of the building permit fee Reinspection $50.00 Per hour Investigation Fee—work Equal to amount of permit started w/o a peunit fee Demolishing or Razing $100.00 Buildings—Commercial Building Demolishing of Razing $35.00 Buildings - House Demolishing or Razing $35.00 Buildings - Garage Demolishing or Razing $35.00 Buildings —Accessory Building Demolishing or Razing $35.00 Buildings - Interior Demo Demolishing or Razing $35.00 Buildings—Exterior Demo Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, $11,500.00 Per acre Industrial r.U,EMOPLON.T k ; A , .�, iKIMEOMMAYE Community Development Deposit 0 to 40 Acres $3,900.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning,platting, site plan review, guide plan changes and environmental assessment worksheets 41 to 80 acres $4,240.00 81+acres $4,800.00 Guide Plan Charge $670.00 Plus $5.00 per acre Planned Unit $730.00 Plus $5.00 per acre Development (P.U.D) Fee Planned Unit $730.00 Plus $5.00 per acre Development Amendment Platting Residential-0 to 10 units $480.00 Plus $5.00 per unit 2 SERVICE FEE DESCRIPTION Residential-11 or more $590.00 Plus $5.00 per unit Commercial, Industrial, $480.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $605.00 Plus $25.00 per acre Office, Public-3.1 or more acres Site Plan Review Administrative $330.00 Site Plan Review (City Council) Multi-Family-0 to 10 $475.00 Plus $5.00 per unit units Multi-Family-11 or $580.00 Plus $5.00 per unit more units Commercial, Industrial, $475.00 Plus $25.00 per acre Office, Public-0 to 3 acres Commercial, Industrial, $580.00 Plus $25.00 per acre Office, Public-3.1 or more acres Commercial,Industrial, Office,Public 0-3 acres $480.00 Plus $25.00 per acre 3.1 or more acres $595.00 Plus $25.00 per acre Residential 0-10 units $480.00 Plus $5.00 per unit 11 or more units $595.00 Plus $5.00 per unit Shoreland Management Ordinance Permits Temporary structure in $85.00 public waters Change in structure in $85.00 public waters Multiple dock or dock $85.00 excess of 75' Zoning Amendment and Zoning Appeal Zoning amendment $260.00 Appeal to Board of Adjustments and Appeals Variances Residential $355.00 Includes residential zoned properties for new construction, building additions, decks,porches, garages, accessory structures and variances from all chapters of the City Code Variances Other $580.00 Includes variances associated with properties zoned office, industrial, 3 SERVICE FEE DESCRIPTION commercial and residential Variances Building or $230.00 Fire Code Appeal Commercial Wireless Communications towers and/or antennas Administrative $255.00 Towers and/or antennas meeting code located on private property Letter of Intent $2,000.00 Non-refundable Towers and/or antennas on City property Letter of Intent $1,000.00 Deposit for Additional funds may be required if the legal/consultant costs balance in the deposit account is inadequate to pay for all of the fees and costs incurred by the City Variances required for See Development Fees tower and/or antennas Site Plan Review See Development Fees required for tower and/or antennas ENGI2YEERINGA E , s.-h.�.. .. .. _.. . .. ..�. ...___. t„,. .<T ,!. _ ... -. .,. J,. .3 1.{..,,..._1 E ,., .i ... � ..�n i.<< ,f:,. 1..,7rya ,.,a E•�x,r � Environmental $315.00 Plus $5.00 acre Assessment Worksheet (E.A.W.) Excavation & Grading—Grading Permit Fee 101 to 1,000 cubic yards $49.00 1st 100 cubic yards, plus $23.11 for each add'l 100 cubic yards or fraction thereof 1,001 to 10,000 cubic $257.00 1st 1,000 cubic yards,plus $19.77 for yards each add'l 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $435.00 1st 10,000 cubic yards, plus $88.00 for yards each add'l 10,000 cubic yards or fraction thereof 100,001 or more $1,227.00 1st 100,000 cubic yards, plus $45.00 for each add'l 10,000 cubic yards or fraction thereof Reinspection fee $68.00 Each *The following four fees are the greater of the fee stated below or the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review $39.00* Per hour/Minimum charge is one half fees hour required by changes, additions or revisions to approve plans Inspections outside $68.00* Per hour/Minimum charge is two hours normal business hours Inspection for which no $68.00* Per hour/Minimum charge is one half fee is specifically hour indicated 4 SERVICE FEE DESCRIPTION Additional plan review $68.00* Per hour/Minimum charge is one half required for changes, hour additions, or revisions to approved plans Excavation & Grading—Plan Checking Fee 101 to 1,000 cubic yards $49.00 1,001 to 10,000 cubic $67.00 yards 10,001 to 100,000 cubic $67.00 1St 10,000 cubic yards,plus $33.55 for yards each add'1 10,000 cubic yards or fraction thereof 100,001 to 200,000 $369.00 1St 100,000 cubic yards,plus $18.55 for cubic yards each add'l 10,000 cubic yards or fraction thereof 200,001 cubic yards or $536.00 1st 200,000 cubic yards, plus $9.00 for more each add'1 10,000 cubic yards or fraction thereof Additional plan review $39.00 Per hour/Minimum charge is one half fees hour, required by changes, additions or revisions to approve plans Public Right-of Way or Easement Vacation Application Fee $306.00 Per transaction/for vacating the City's interest in real property, including right- of-way and easement's (for consultation, review, notice mailing, publication of notice and recording) Signs Up to30sgftinsize $75.00 31 sq ft through 50 sq ft $95.00 in size 51 sq ft through 80 sq ft $115.00 in size 81 sq ft or over $145.00 Charge for returning $15.00 picked up signs ** The surface of double or multi-forced signs shall be combined for the purpose of determining the amount of the fee. Engineering—Land Development Services For consultants, utility and street plans and specifications, general and final inspections of improvements and special assessment division. Final Plan Review, Contract Administration, and Inspection Review 5%multiplied by the Not applicable to projects built by city total construction cost through special assessment. Cost include public infrastructure 5 SERVICE FEE DESCRIPTION improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat Residential $60.00 Per unit/Minimum $320.00 plus cost of review by special assessment. Costs include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Commercial, Industrial, $146.00 Per acre/Minimum $320.00 Office and Public Administrative Land $77.00 Division LGU Review Min. Payment is $160. $85.00 An hour Plus cost of review by special consultants necessary as determined by the City Manager. The deposit , or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review An LGU deposit $3,700.00 agreement is required for wetland alteration, wetland replacement, 6 SERVICE FEE DESCRIPTION wetland restoration and/or wetland bank plan reviews LGU Deposit—Site Review Single Family $170.00 Residential Site Review or $1,060.00 Development Review Section 2. Ordinance No. XX-2010 is repealed effective January 1, 2011. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2011 for calendar year 2011. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7thday of December, 2010, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of December, 2010. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on 7 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 7st day of December, 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 and contains charts. 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 December 7, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE -2010 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CHAPTER 25 BY ADOPTING THE 2011 "FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS", REPEALING ORDINANCE NO. 11-2009,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the "Fee Schedule for Administration of Official Controls" for the City's costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect January 1, 2011. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on November 18, 2010. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Report of the City Manager DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Jay Lotthammer, Interim City City Manager Interviews Manager Requested Action Move to: Schedule a special City Council Meeting at 1:00 p.m. on January 8, 2010, for the City Council to discuss and select two or three City Manager candidates to proceed to the final interview process. Synopsis On November 30, 2010, the Eden Prairie City Council, Mayor-Elect Nancy Tyra-Lukens and Council Member-Elect Sherry Butcher met with the City's search consultant, Greg Albrecht. Albrecht provided an overview of his executive search activities to date. Albrecht also presented resumes of 10 individuals for consideration by the City Council. The group reviewed the resumes and came to consensus on six candidates to interview. Mayor Young and Council Member Aho did not attend the meeting. Albrecht said he would contact them to get their input. The group discussed setting a date for the City Council Members to individually interview the six candidates, after which the Council will meet as a group to select two or three candidates to proceed to the final interview process. The group agreed on setting the interviews for Saturday, January 8. CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Reports of Officers DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.2. Jay Lotthammer, Office of the Resolution Certifying the 2011 Property City Manager Tax Levy, Adopting the 2011 Budget, and Consenting and Approving the 2011 HRA tax levy. The resolution has been provided in the event the City Council decides to adopt the tax levy and budget on December 7th, 2010. Since budget work is still occurring and more discussion with the City Council is needed, amounts have been left blank and will be completed at the meeting if necessary. Requested Action Move to: • Adopt a resolution certifying the 2011 Property Tax levy to be $*** • Approve the 2011 Budget of$*** as reviewed by the Council • Consent and approve the HRA tax levy and budget of$200,000. Synopsis On September 7, 2010, the Eden Prairie City Council adopted a resolution certifying the proposed 2011 City budget and property tax levy. Calculations for the City showed the budget to be $41,465,943 and the certified levy to be $32,761,605 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of($1,600,000) is $31,161,605. The 2011 proposed budget on September 7, 2010 maintains City services with a budget increase of 2.8% in the general fund and a total budget increase of 2.6%which includes the capital levy and debt service payments. The tax levy is budgeted to increase 2.8% or$848,619. According to state statute, the final levy amount must be certified to the county auditor by December 28, 2010. City Council adoption of the final levy and budget will complete this process. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010- A RESOLUTION CERTIFYING THE 2011 TAX LEVY AND ADOPTING THE 2011 BUDGET WHEREAS,the City Council has reviewed the budget recommended by the Interim City Manager, listened to public comment, and discussed the proposals and tax levy for the 2011 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be levied against tax capacity General Fund $*** Market Value Homestead Credit 490,042 Capital Improvements 89,894 Bonds and Interest 2005A Special Assessment Bond 109,000 2006B Building Bond 355,000 2006C Equipment Certificates 255,000 2008A Equipment Certificates 394,000 2009B Equipment Certificates 331,724 2009C Public Facility Bonds 316,000 Net tax capacity levy for certification $*** Less Fiscal Disparities distribution 1,706,231 Net tax collectible $*** Taxes to be levied against market value 2003A Refunding Park Bonds $ 435,000 2003C Refunding Open Space Bonds 200,000 2005C Park Bonds 213,302 2006A Park Bonds 821,698 Market value tax levy for certification $ 1,670,000 Total net tax collectible $*** Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required(as shown in Exhibit 2). BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2011 Budget totaling $***. BE IT FURTHER RESOLVED that the council consents and approves the 2011 HRA tax levy of $200,000. ADOPTED by the Eden Prairie City Council this 7th day of December, 2010. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES LEVIED YEAR 2010,COLLECTED YEAR 2011 EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual Levy OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2010/2011 2010/2011 G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $190,000 $200,000 G.O.Refunding Park Bonds 2003A 02/19/03 $3,185,000 $435,000 $435,000 G.O. Special Assessment Bonds 2005A 07/01/05 $2,390,000 $109,000 $109,000 G.O.Park Bonds 2005C 12/02/05 $4,920,000 $215,000 $213,302 G.O.Park Bonds 2006A 01/01/06 $8,425,000 $825,000 $821,698 G.O.Building Bonds 2006B 07/01/06 $4,290,000 $355,000 $355,000 G.O.Equipment Bonds 2006C 09/01/06 $1,080,000 $265,000 $255,000 G.O.Equiptment Bonds 2008A 10/01/08 $3,120,000 $400,000 $394,000 G.O.Equiptment Bonds 2009B 07/21/09 $2,455,000 $345,000 $331,724 G.O.Public Facility Revenue Bonds 2009C 11/01/09 $1,395,000 $345,000 $316,000 GRAND TOTAL $ 3,484,000 $3,430,724 CITY COUNCIL AGENDA DATE: SECTION: Community Development Director Report December 7, 2010 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1. Community Development: Complete Nutrition— 8018 Den Road Janet Jeremiah/David Lindahl (former Hollywood Video within Liquor Store#3 Building) Requested Council Action: Move to: Approve a new lease between the City of Eden Prairie and BE Investments, LLC for a Complete Nutrition retail store at a City owned property located at 8018 Den Road. Synopsis: The enclosed lease is for a 1,517 square foot Complete Nutrition retail store at the City owned property located at 8018 Den Road, a space formerly leased to Hollywood Video. Complete Nutrition will occupy about a third of the approximate 5,100 square feet formerly leased to Hollywood Video. The balance of the space is expected to be subdivided between two future tenants. The basic terms of the lease are as follows: Term: 5 years (w/options to renew) Rent: Year Rent/SF Monthly Annual Rent Total Rent 1-5 $ 23.00 $2,907.58 $34,891 $174,455 Option Year Rent/SF Monthly Annual Rent Total Rent 6-10 $25.30 $3,198.34 $38,380.10 $191,900.50 11-15 $27.83 $3,518.18 $42,218.11 $211,090.55 Tenant Improvements: Tenant will finish retail space Tenant Allowance: Landlord provides $35,000 Broker Commissions: $10,619 ($7/sf split between two brokers) Landlord Work: Build and provide vanilla shell and remodel bathrooms and hall area. Common Area Maintenance: Tenant pays Property Taxes/Insurance: Tenant Pays Background: The City built a liquor store at 8018 Den Road in 1997/98. Since the site allowed for a larger building then was needed for the liquor operation, additional space was added to the plan and leased to Hollywood Video. Approximately$1.3 million in rent was paid to the City by Hollywood Video over the term of their lease, which helped the City pay for the building and land(paid-off in 2008). The space became available after Hollywood Video went out of business earlier this year this year. The City retained Dick Ward of Equity Property Group to help find tenants for the pace. There has been a fair amount of interest from a variety of prospective tenants in leasing portions of the space. You may recall that the Council approved a lease with a chiropractic clinic in June of this year but it was never signed by the tenant. They apparently decided not to expand in Eden Prairie. Attachments: Lease Lease Rider LEASE AGREEMENT SHOPPING CENTER: EDEN PRAIRIE LIQUOR STORE LOCATION: 8020 DEN ROAD,EDEN PRAIRIE,MINNESOTA 55344 LANDLORD: CITY OF EDEN PRAIRIE TENANT: BE VENTURES I,INC. i LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made as of this day of December, 2010, by and between City of Eden Prairie, MN ("Landlord"), with its principal office at 8080 Mitchell Road Eden Prairie, MN 55344 and BE Ventures I,Inc. ("Tenant"),d/b/a Complete Nutrition,with its principal office at 237 S 70th Street Suite 217,Lincoln,NE 68132. ARTICLE I. GRANT AND TERM Section 1.01-Premises: Landlord hereby lease to Tenant for the term and upon the covenants hereinafter set forth, approximately 1517 square feet of floor area(the "Premises")in the shopping center commonly known as the Eden Prairie Liquor Store Shopping Center in Eden Prairie (the "Shopping Center"). The Premises are located at [address] and are cross-hatched on the site plan [of the Shopping Center] attached hereto and made a part hereof as Exhibit"A". The exact square footage in the Premises shall be determined by Tenant's and Landlord's architect. Such square footage shall be measured from the mid-line of interior walls and the exterior part of exterior walls, and shall include the totality of the area within such boundaries, including any mezzanines. In the event the square footage, as determined by Tenant's and Landlord's architect,differs from the square footage set forth above,the Minimum Rent to be paid by Tenant as set forth in Article II [and the respective Break Point] shall be adjusted after the exact square footage is determined. Section 1.02-Site Plan: Exhibit"A"sets forth the general layout of the Shopping Center. Landlord has the reasonable right to alter (a) any of the stores within the Shopping Center, (b)the Common Areas (herein defined) or(c) any other aspect of the Shopping Center with notice to Tenant; provided, however, no change shall decrease the parking ratio to less than required for zoning or materially or visibly alter access to or visibility of Premises or Tenant's signage. This Lease is subject to all applicable building restrictions, planning and zoning ordinances, governmental rules and regulations,and all other encumbrances,restrictions and easements affecting the Shopping Center and the terms and provisions of certain declarations, reciprocal easement and operating agreements now or hereafter affecting the Shopping Center. For all purposes in this Lease, a"Major Tenant"is any tenant occupying at least twenty thousand (20,000)square feet of floor area in the Shopping Center. Section 1.03-Term: The term of this Lease shall be for a period of Five(5)Lease Years commencing on: (i)the expiration of a ninety(90)day period(the"Fixturing Period")after the"Delivery Date" (herein defined),provided that Tenant has obtained all necessary permits, which Tenant covenants and agrees to diligently pursue, or (ii) the date on which Tenant shall open for business at all or any part of the Premises,whichever occurs first(the"Term Commencement Date"), and expiring at midnight on the last day of the month in which the [lease term] anniversary of the Term Commencement Date occurs, unless sooner terminated in accordance with the provisions hereof(the "Expiration Date"). The term "Lease Year" as used in this Lease shall be defined to mean each successive twelve (12) month period commencing on the Term Commencement Date. If the term commences on a day other than the first day of the month,then the first Lease Year shall be extended for such a fractional month. All subsequent Lease Years shall continue for twelve (12) calendar months thereafter, except that the last Lease Year shall terminate on the date this Lease is terminated. Within thirty (30) days after request by Landlord, Landlord and Tenant shall enter into a supplemental agreement prepared by Landlord which affirms the Delivery Date, Term Commencement Date, and the Expiration Date. Section 1.04 Option Terms: (a) Subject to the terms provided herein, and provided Tenant is not in default as provided in this Lease, Tenant shall have two(2)options to extend the term of this Lease for a period of five(5)years("First Option Term" and "Second Option Term," or collectively "Option Terms") immediately following the initial term ("Options"). The Options granted to Tenant in this Lease are personal to the original Tenant and may be exercised only by the original Tenant while occupying the Premises, who does so without the intent of thereafter assigning this Lease or subletting the Premises or any portion thereof,and may not be exercised or be assigned,voluntarily or involuntarily, by or to any person or entity other than Tenant. The Options herein granted to Tenant are not assignable separate and apart from this Lease,nor may the Options be separated from this Lease in any manner,whether by reservation or otherwise. (b) The First Option Term shall be exercised, if at all, by written notice delivered by Tenant to Landlord not later than six (6) months prior to the end of the initial term of this Lease. Provided Tenant has properly and timely exercised the First Option, the initial term of this Lease shall be extended by the First Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent,which shall be adjusted pursuant to Paragraph 2.01 below. (c) The Second Option Term shall be exercised,if at all,by written request delivered by Tenant to Landlord not later than six(6) months prior to the end of the First Option Term of this Lease. Provided Tenant has A-1 1 properly and timely exercised the Second Option and the Landlord has not exercised its right to reject the Second Option Term, the term of this Lease shall be extended by the Second Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent, which shall be adjusted pursuant to Paragraph 2.01 below. ARTICLE II. RENT Section 2.01-Minimum Rent: Commencing on the Term Commencement Date and continuing during the entire term of this Lease, Tenant shall pay annual"Minimum Rent"for the Premises payable to Landlord,without demand,deduction, set-off or counterclaim, in equal installments (the "Monthly Minimum Rent") in advance, on or before the first(1st) day of each month,as follows: Lease Year Annual Minimum Rent Monthly Minimum Rent Minimum Rent Per Sq.Ft. 1-5 $34,891.00 $2,907.58 $23.00 Option Years 6-10 $38,380.10 $3,198.34 $25.30 11- 15 $42,218.11 $3,518.18 $27.83 The first installment of Minimum Rent shall be paid upon the Term Commencement Date. If the Term Commencement Date occurs on other than the first(1st)day of a month,Minimum Rent shall be prorated on a daily basis on the basis of a thirty(30)day month. Section 2.02 - EARLY TERMINATION: Upon giving Landlord at least one hundred-twenty (120) days prior written notice,Tenant has a one time right to terminate the Lease on the last day of the 3rd lease year if sales for the 2nd lease year were not in excess of$600,000 annual gross sales. Section 2.03-Gross Sales Defined: Tenant's "Gross Sales" is defined to mean the total dollar value of all sales and rentals of merchandise or services arising out of or payable on account of the business conducted in,on or from the Premises by or on account of Tenant or any sublessee, assignee, licensee or concessionaire of Tenant for cash or credit,including all orders for merchandise taken at or sold from the Premises,and including any fees, such as membership fees. Gross Sales shall exclude the following: (i)proceeds from any sales tax,gross receipts tax or similar tax,by whatever name called,(ii) bona fide transfers of merchandise from the Premises to any other stores or warehouses of Tenant that are not intended to avoid a sale at the Premises, (iii)refunds given to customers for merchandise purchased at the Premises and returned or exchanged, and(iv) sales of Tenant's fixtures and equipment not in the ordinary course of Tenant's business. Section 2.04—Tenant's Books and Records: Tenant shall keep at the Premises or at its principal office within Eden Prairie, a full and accurate set of books and records adequately showing the amount of Tenant's Gross Sales in each Lease Year. Within thirty(30) days after the close of each Lease Year, Tenant shall furnish to Landlord a statement certified by an officer of Tenant setting forth the amount of Tenant's Gross Sales during the preceding Lease Year. All Gross Sales statements to be supplied by Tenant to Landlord shall be in such form and with such detail as Landlord shall reasonably deem necessary. Landlord shall have the right, at any time once per Lease Year upon ten(10)business days' written notice, to inspect or audit the sales records of Tenant (including the books and records of any concessionaire, subtenant or licensee). If Tenant's Gross Sales exceed those reported by two percent(2%) or more, Tenant shall pay Landlord's cost of inspection or audit. Section 2.05-Payments by Tenant: Unless otherwise stated, all sums of money or charges payable to Landlord from Tenant by this Lease, other than Minimum Rent and Percentage Rent,are defined as"Additional Rent"and are due on the first day of each month with the payment of Minimum Rent, without any deductions, set-offs or counterclaims, and failure to pay such charges carries the same consequences as Tenant's failure to pay Minimum Rent or Percentage Rent. All payments and charges required to be made by Tenant to Landlord hereunder shall be payable in coin or currency of the United States of America, at the address indicated herein. No payment to or receipt by Landlord of a lesser amount than that then amount required to be paid hereunder shall be deemed to be other than on account of the earliest amount of such obligation then due hereunder. No endorsement or statement on any check or other communication accompanying a check for payment of any amounts payable hereunder shall be deemed an accord and satisfaction, and Landlord may accept such check in payment without prejudice to Landlord's right to recover the balance of any sums owed by Tenant hereunder. In the event Landlord bills Tenant for any charge hereunder and within ninety(90)days of receipt of the same Tenant does not provide Landlord with notice that it disputes such A-2 1 charge,then Tenant waives any further right to dispute such charge. Section 2.06-Security Deposit: Lessee shall submit to Lessor upon the execution of this agreement a financial security deposit in the amount of Two Thousand Six Hundred Eighty Three 33/100 Dollars ($2,683.33). Said financial security deposit may be drawn upon by Lessor to cover any and all costs associated with Lessee's failure to comply with conditions and/or requirements as set forth in this agreement. Within thirty (30) days of any lease termination, Lessor shall remit financial security deposit to Lessee less any withdrawals as deemed appropriate by Lessor. Section 2.07-Late Charge: In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant shall immediately pay, as Additional Rent, a service charge equal to Fifty and no/100 Dollars ($50.00). In addition, interest shall accrue on all past due sums from the due date thereof at an annual rate equal to one percent (1%) per month. Such interest shall also be deemed Additional Rent. Notwithstanding this service and interest charge,Tenant shall be in Default if all payments required to be made by Tenant are not made at or before the times herein stipulated. ARTICLE III. PREPARATION OF PREMISES Section 3.01—Landlord's Work: Landlord, at its expense, shall construct the Premises substantially in accordance with the work described in Exhibit`B"("Landlord's Work"). All other work done by Landlord at Tenant's request shall be at Tenant's expense and shall be paid for by Tenant depositing with Landlord,prior to the commencement of such other work,a sum equal to the cost for such work, as reasonably estimated by Landlord. Upon completion thereof, appropriate adjustment shall be made between Landlord and Tenant based upon the actual cost of the work. The opening by Tenant of Tenant's business in the Premises shall constitute an acknowledgment by Tenant that Landlord has sufficiently performed all of Landlord's Work. Section 3.02-Delivery Date: (a) Landlord shall give Tenant written notice of the date on which Landlord's Work will be substantially completed and the Premises will be available to Tenant for the performance of Tenant's Work. Tenant agrees to take physical possession of the Premises and begin its work under Section 3.03 on the date Landlord tenders possession of the Premises to Tenant. The date on which the Premises have been delivered to Tenant shall be the "Delivery Date", and from and after the Delivery Date Tenant agrees to diligently perform Tenant's Work to completion. If the Premises are not delivered to Tenant within120 days from the date of this Lease,Landlord and Tenant shall have the option, to terminate this Lease upon prior written notice to the other party and, in such event, this Lease shall thereafter be null and void and of no further force or effect, and any money or security deposited hereunder shall be returned to Tenant and thereafter neither party shall have any further liability to the other, either for damages or otherwise,by reason of such termination as though this Lease had not been executed in the first instance. Under no circumstances shall Landlord be liable to Tenant in damages for any delay in commencing or completing the Premises,or for a total failure to complete same or for a failure to deliver same. (b) Tenant hereby expressly agrees that the entry or occupancy of the Premises by Tenant or Tenant's agents or contractors prior to the date herein fixed for the Term Commencement Date shall be governed by and shall be subject to all of the terms and provisions of this Lease, and Tenant shall observe and perform all its obligations under this Lease, but excepting its obligations to pay for temporary utilities, Minimum Rent[, Percentage Rent,] Common Area Expenses,Taxes,Insurance,from the date upon which the Premises are made available to Tenant for its work (or from the date when Tenant commences to perform Tenant's Work, if earlier) until the Term Commencement Date. Section 3.03-Tenant's Work: (a) Other than work to be completed by Landlord pursuant to Section 3.01, all work is to be performed by Tenant,at its sole expense,("Tenant's Work")in accordance with Exhibit`B",which work shall include any and all fixturing work necessary and desirable for the operation of Tenant's business. All entry into the Premises and work done by Tenant shall be at Tenant's risk. Tenant shall prepare and submit to Landlord store design and working drawings of Tenant's Work. In the event Tenant's plans and specifications, in Landlord's reasonable judgment, are inconsistent with the terms of this Lease and/or would subject Landlord to additional costs or expenses in the performance of Landlord's Work, and/or would provide for or require any installation or work which is or might be unlawful or create an unsound or dangerous condition or adversely affect the structural soundness of the Premises or the building of which the same forms a part, and/or would interfere with the use and enjoyment of any adjoining space in the building in which the Premises are located, then, in the event Landlord determines that Landlord and Tenant are unable to agree upon store design drawings and/or working drawings, Tenant shall have the option,upon ten (10) days' written notice to Landlord to declare this Lease null and void and of no further force and effect, in which event this Lease shall terminate. All work performed by Tenant shall be subject to Landlord's prior written approval (which shall not be unreasonably withheld or delayed) and shall be in accordance with good construction practices, all applicable laws, codes, ordinances, regulations, and insurance requirements and Landlord's reasonable rules and regulations. No material deviations from the final plans and specifications, once approved by Landlord, A-3 1 shall be permitted without Landlord's additional approval. Tenant shall obtain, at Tenant's sole expense, all certificates and approvals which may be necessary so that a certificate of occupancy for the Premises may be issued. Upon the issuance of the certificate of occupancy, a copy thereof shall be immediately delivered to Landlord. Except for Landlord's Work, Tenant shall ready the Premises for the opening of Tenant's business by the Term Commencement Date. (b)Tenant Allowance. Landlord shall furnish to Tenant a"Tenant Allowance"in the amount of the lesser of (i) $35,000.00 or(ii)the total costs actually incurred in designing,engineering and constructing Tenant's Work,within thirty(30)days after the date Tenant opens for business with the public at the Premises and Landlord has received all of the following in a form reasonably acceptable to Landlord: (1)a request for payment of the Tenant Allowance from Tenant;(2)full and final lien releases from the general contractor and all subcontractors;(3)a sworn construction statement from the general contractor referencing the total costs incurred in designing, engineering and constructing Tenant's Work; (4)a certificate of occupancy or other similar documentation from the City of Eden Prairie; (5)a written statement from Tenant's architect or contractor that Tenant's Work is substantially completed in accordance with Tenant's Plans; (6) evidence that Tenant has corrected all punch list items to the satisfaction of Landlord; and(7)evidence that any costs incurred in designing, engineering and constructing Tenant's Work in excess of the Tenant Allowance have been paid by Tenant. Notwithstanding the above, Landlord shall not be obligated to pay the Tenant Allowance as long as Tenant has failed to perform or comply with any term or condition of this Lease. Landlord shall be permitted to offset against the Tenant Allowance any amounts past due to Landlord by Tenant under this Lease. (c) Reimbursement of Tenant Allowance on Early Termination. In the event that Tenant exercises the Early Termination under Section 2.02 of this Lease, Tenant shall immediately reimburse to Landlord the 2/5's of the total amount of Tenant Allowance paid to Tenant under Section 3.03(b)above. (d)Reimbursement of Tenant Allowance on Default by Tenant. In the event that Tenant is in default under this Lease and Tenant fails to cure such default for period of thirty(30) days and this Lease is terminated, Tenant shall immediately reimburse to Landlord the amount of the unamortized balance of the Tenant Allowance calculated on a straight-line basis over the Lease Term. The amount of the unamortized balance of the Tenant Allowance reimbursed to Landlord shall be calculated in accordance with the formula R=TA x (RM/60)where"R" is the amount to be reimbursed to Landlord by Tenant,where "TA" is the total amount of the Tenant Allowance, where"RM"is the number of months remaining from the date of default through the Expiration Date of the initial Lease Term rounded up to the larger number of months. "60"is the total number of months in the initial lease term. For purposes of this provision only,the date of default shall be deemed to be a date that is thirty(30)days after Landlord gives notice of default to Tenant. Landlord shall have the right to reimbursement under this Section in addition to all other remedies available under this Lease or at law or in equity. Section 3.04-Alterations by Tenant: (a) During the term of this Lease, Tenant may not make any exterior or structural alterations to the Premises without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. In addition, Tenant shall not make any interior alterations, except for alterations to the decor of the Premises provided such alterations affect color or merchandising aspects of the interior only, without giving prior written notice to Landlord and Landlord giving Tenant its written consent therefor. Any such alterations shall be performed in a good and workmanlike manner and in accordance with applicable legal and insurance requirements and the terms and provisions of this Lease. (b) In the event that any mechanic's lien is filed against the Premises or Shopping Center as a result of any work or act of Tenant, Tenant, at its expense, shall discharge or bond off the same within sixty(60) days from the filing thereof. If Tenant fails to discharge said mechanic's lien,Landlord may bond or pay without inquiring into the validity or merits of such lien and all sums so advanced shall be paid to Landlord as Additional Rent. (c) Prior to the commencement of any work by Tenant, Tenant shall obtain public liability and workers' compensation insurance to cover every contractor to be employed by Tenant, and shall deliver duplicate originals of all certificates of such insurance to Landlord for written approval. (d)If,in an emergency,it shall become necessary to make repairs required to be made by Tenant,Landlord may reenter the Premises and proceed to have such repairs made and pay the costs thereof. Tenant shall pay Landlord the costs of such repairs as Additional Rent. ARTICLE IV. CONDUCT OF BUSINESS Section 4.01-Use and Trade Name: (a) Tenant shall use and occupy the Premises for the following purpose only, and for no other purpose whatsoever, the retail sale of dietary supplements, nutritional supplies, cosmetics or beauty supplies, exercise apparel and exercise and sports-related accessories or supplements. A-4 1 (b) If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on in the Premises, or if a failure to procure such a license or permit might or would in any way adversely affect Landlord or the Shopping Center, then Tenant, at Tenant's expense, shall duly procure and thereafter maintain such a license or permit and submit the same for inspection by Landlord. Tenant,at Tenant's expense,shall,at all times,comply with the requirements of each such license or permit. (c) Tenant shall operate its business from the Premises under the following trade name: Complete Nutrition. Section 4.02-Utilities: In the event utilities to the Premises are separately metered, Tenant shall pay directly to the public utility companies the cost of any and all such utility services. In the event that Landlord supplies or pays for any such utilities, then as Additional Rent, Tenant shall reimburse Landlord for the same. In the event, for any reason whatsoever, any particular utility is not separately metered, then, and in that event, Tenant shall be responsible for its share based upon the formula that Landlord, in its reasonable discretion with consultation with Tenant, deems appropriate. Landlord shall not be liable to Tenant for damages or otherwise (i) if any utilities shall become unavailable from any public utility company,public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control unless Landlord's negligence, interference or intentional act causes the unavailability or interruption. Section 4.03-Sign: (a)Premise Building Sign.Tenant shall install and maintain one(1)sign affixed to the front of the Premises in a location, size and style reasonably approved by Landlord. Tenant's sign depicted on the drawing by Omaha Neon Sing, Co.,Inc. dated 11/08/10,Drawing 63157 is approved by Landlord.Notwithstanding Landlord's approval and/or the terms of this Lease, Tenant's sign shall conform to all applicable legal and insurance requirements and limitations. Tenant shall pay for all costs in connection with such sign and shall be responsible for the cost of proper installation and removal thereof and any damage caused to the Shopping Center and/or Premises thereby. In the event Landlord deems it necessary to remove such sign(for example, to perform repairs to the Premises, Common Areas or other parts of the Shopping Center), then Landlord shall have the right to do so, provided, however, Landlord shall replace said sign as soon as practicable at Landlord's sole cost. Any interior signs must be tasteful and shall be prepared in a professional manner(not hand-lettered). (b)Pylon Sign. Tenant may install a pre-finished black cabinet for on the Eden Prairie Liquor store pylon sign. Tenant may use one of the panels on the cabinet for a Tenant sign. The cabinet and Tenant's sign on the panel shall be in a location, size and style reasonably approved by Landlord. Tenant's sign depicted on the drawing by Omaha Neon Sing, Co., Inc. dated 11/08/10, Drawing 63157 is approved by Landlord. Tenant shall be responsible for 1/3 of the cost of the acquisition and installation of the cabinet. Tenant shall be responsible for 100%of the cost to modify the existing pylon sign to accommodate the cabinet. Tenant shall be responsible for 100% of the cost of its individual panel and sign in the cabinet. Section 4.04—Tenant's Warranties: Tenant warrants, represents, covenants and agrees to and with Landlord, that throughout the term hereof it shall: (i)keep the Premises and any platform or loading dock used by Tenant in a neat and clean condition, (ii)pay, before delinquent,any and all taxes,assessments and public charges imposed upon Tenant's business or fixtures,and pay when due all fees of similar nature, (iii) observe all rules and regulations established by Landlord for tenants in the Shopping Center,(iv)not use any advertising medium or sound devices inside the Premises which may be heard outside the Premises, or permit any objectionable odors to emanate from the Premises, (v) operates its business in compliance with all laws, rules and regulations, (vi) not use or permit the use of any part of the Premises for the sale,rental, display or operation of amusement, electronic, video machines, games, cassettes or devices without the prior written consent of Landlord or allow the sale or offering of any lottery or raffle tickets or permit any form of games of chance or gambling,in any form,without such similar consent,(vii) not commit or suffer to be committed any waste upon the Premises, not place a load upon any floor of the Premises which exceeds the floor load per square foot area which such floor was designated to carry,and not commit or suffer to be committed any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant or tenant of the Shopping Center. Section 4.05-Hazardous Materials: Tenant agrees that except for de minimus amounts used in the ordinary course of Tenant's business operation and at all time in compliance with applicable laws, it will not use,permit,hold, release or dispose of any Hazardous Material(defined hereinafter)on,under or at the Premises or the Shopping Center and that it will not use or permit the use of the Premises or any other portion of the Shopping Center as a treatment, storage or disposal (whether permanent or temporary) site for any Hazardous Material. Tenant further agrees that it will not cause or allow any asbestos to be incorporated into any improvements or alterations which it makes or causes to be made to the Premises. Tenant hereby holds Landlord harmless from and indemnifies Landlord against any and all losses, liabilities, damages, injuries, costs, expenses, fines, penalties, and claims of any and every kind whatsoever (including, without limitation, court costs and attorneys' fees) which at any time or from time to time may be paid, incurred or suffered by, or asserted against Landlord for, with respect to, or as a direct or indirect result of a breach by Tenant of the foregoing covenants. For purposes of this Lease, "Hazardous Material" means and includes any A-5 1 hazardous substance or any pollutant or contaminant defined as such in (or for purposes of) the Comprehensive Environmental Response,Compensation,and Liability Act,any so-called"Superfund"or"Superlien"law,the Toxic Substances Control Act, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous,waste,substance or material. ARTICLE V. COMMON AREA Section 5.01-Definition: The term "Common Areas" shall mean the interior and exterior areas and facilities within the Shopping Center, which are: (i)not leased to a tenant, or(ii)by nature not leasable to a tenant for the purpose of the sale of merchandise or the rendition of services to the general public. Common Areas shall include but shall not be limited to all parking areas and facilities,roadways,driveways,entrances and exits,truck service ways and tunnels,utilities, water filtration and treatment facilities, retention ponds or basins located within or outside the Shopping Center, retaining and exterior walls, sidewalks, open and enclosed malls, outside courts, landscaped and planted areas, escalators, stairways, elevators, service corridors, service areas, loading docks, hallways, public restrooms, community rooms or areas,roofs, equipment, signs and any special services provided by Landlord for the common or joint use and benefit of all tenants in the Shopping Center,their employees,customers and invitees. Section 5.02-Use: During the term of this Lease Tenant is granted, subject to Landlord's rules and regulations promulgated by Landlord from time to time, the nonexclusive license to permit its customers and invitees to use the sidewalks, customer parking areas, the entrance and exit ways designated by Landlord for access and egress to and from the Premises from a public street or highway. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have the right, at any time and from time to time, without notice to or consent of Tenant, to change the size, location, elevation and nature of any of the stores in the Shopping Center or of the Common Areas, or any part thereof, including, without limitation, the right to locate and/or erect thereon kiosks, structures and other buildings and improvements of any type; provided, however, no such change shall (a) unreasonably restrict or interfere with the operation of Tenant's business or(b)reduce the number of parking spaces or access drives to cause the Shopping Center not to comply with all applicable laws,rules and ordinances. Section 5.03-Common Area Expenses: Landlord agrees, subject to events beyond its reasonable control,to maintain and keep in good service and repair the Common Areas. The manner in which such areas and facilities shall be maintained, managed and operated, and the expenditures therefor, shall be at the sole discretion of Landlord and the use of such areas and facilities shall be subject to such reasonable rules and regulations as Landlord shall make from time to time. Starting with the Term Commencement Date and continuing throughout the entire term of this Lease, Tenant shall pay,as Additional Rent,the Common Areas(the"Common Area Expense"). During the first full or partial calendar year of the term of this Lease, Tenant's Common Area Expense, not including taxes payable directly by Tenant pursuant to Section 7.02, is estimated to be$4.45 per square foot of the Premises per year,to be paid in advance, in equal monthly installments on or before the first day of each month. Tenant shall, for the entire Term of this Lease, and without any abatement, set-off or deduction therefrom,pay to Landlord as additional rent its Pro Rata Share, as hereinafter defined,of all costs which Landlord may incur in maintaining and operating the entire Project. Said costs shall be referred to herein as "Operating Costs" and are hereby defined with respect to any calendar year to include but not be limited to the following costs incurred by Landlord in such calendar year with respect to the project: all real estate taxes and installments of special assessments which shall accrue or become a lien against, or are payable in respect of,any part of the Project during the Term of this Lease; all other governmental impositions relating to the Project, including but not limited to amounts payable under assessment agreements; the costs of heat, cooling, utilities, insurance, security, landscaping,janitorial and cleaning services; all employment costs including salaries, wages and fringe benefits; all management fees, including expenses reimbursable to any manager and rental of property management office; fees for professional services; charges under maintenance and service contracts; all supplies purchased for use in the Project; all maintenance and repair costs;any equipment rental; amortization of the cost of capital improvements made subsequent to the date of this Lease (i) to reduce Operating Costs or limit increases therein, or (ii) required by Landlord's insurance carrier or (Hi) required by any law, rule, regulation or order of any governmental or quasi-governmental authority having jurisdiction; and any and all other costs of operation, whether ordinary or extraordinary. Operating Costs shall not include direct out-of-pocket costs of the following: leasing commissions and costs of marketing; the cost of constructing leasehold improvements;payments of principal and interest on any mortgages,deeds of trust or other encumbrances upon the Project;the capital cost of the Project or any depreciation or amortization thereof except as provided above; the cost of any items for which Landlord is directly reimbursed by insurance proceeds, condemnation awards, a tenant of the Project or the like; wages, salaries or other compensation paid to executive employees of Landlord or the property manager ranking above the highest-ranking, on-site employee; costs associated with the operation of the business of the entity which constitutes Landlord, which costs are not directly related to maintaining or operating the Project (by way of example, the formation of the entity, internal accounting and legal matters, including but not limited to preparation of tax returns and financial statements and gathering of data therefore, costs of defending any lawsuits related to maintaining or operating the Project, costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord's interest in the Project, and costs of any disputes between Landlord and its employees); any expense A-6 1 representing an amount paid for products or services(other than overall property management)to a person or entity relating to or affiliated with Landlord which is in excess of the fair market value of such services and products; fees incurred in disputes with tenants; costs of remediation of Hazardous Materials which are(i)in or on the Project as of the date of this Lease and which are classified as Hazardous Materials as of the date of this Lease under laws in effect as of the date of this Lease, or(ii) which are subsequently brought onto the Project by Landlord or with the express consent of Landlord and which are on the date of their introduction onto the Project classified as Hazardous Materials under laws in effect as of the date of such introduction, excluding in the case of both (i) and (ii) above, lawful use and disposition of reasonable quantities of supplies used in the ordinary course of operation and maintenance of like projects. Landlord shall not be responsible for cleaning the restrooms and hallway identified on Exhibit A or any cost associated therewith. The responsibility and cost for such cleaning shall be shared solely the responsibility of Tenant except for such times during the term hereof as there is or are additional tenant(s) in the space(s)identified on Exhibit A hereto.At such times the Tenant and other tenants occupying the additional space(s) identified on Exhibit A shall share equally in such responsibility and cost so that whenever there is one additional tenant the costs to each shall be and whenever there are two additional tenants the cost to each shall be 1/3. At no time shall Landlord bear any portion of the cost of cleaning the restrooms and hallway, either as Landlord or as an occupant of a space in the Shopping Center or to the Eden Prairie Liquor Store. In the event the restrooms and hallway are not cleaned to the satisfaction of Landlord or if one or more of the tenants request that the Landlord take over the cleaning, the Landlord may take over responsibility for cleaning the restrooms and hallway. For purposes of allocating the cost of such cleaning to the Operating Expenses,the allocation of the expense shall be the same as provided immediately above in this Section 5.03 for the division of the expenses between the tenants when the tenants were responsible for the cleaning. In no event shall any portion of the cost of cleaning the restrooms and hallway be assigned in the Operating Costs to the Landlord either as Landlord or as an occupant of a space in the Shopping Center or to the Eden Prairie Liquor Store. 5.04 As frequently hereafter as Landlord shall deem appropriate,Landlord may give Tenant notice of Landlord's estimate of Operating Costs for the then-current calendar year("Estimated Operating Costs").Tenant shall pay on the first day of each calendar month during the Term,as additional rent hereunder,one-twelfth(or rentable portion thereof for partial months)of Tenant's Pro Rata Share of Estimated Operating Costs. 5.05 Tenant's"Pro Rata Share"is 0.289%,which is calculated as follows: a fraction,the numerator of which is the Rentable Area of the Premises which is 1,517 square feet,and the denominator of which is the Rentable Area of all areas in the Project designated by Landlord for lease,excluding separately leased storage and parking areas, which is 5,245 square feet). 5.06 Within a reasonable time after the expiration of each calendar year,Landlord shall submit to Tenant a statement setting forth the actual Operating Costs of the Project for such calendar year("Actual Operating Costs"), (a)Tenant's Pro Rata Share of Actual Operating Costs,and(b)the aggregate of Tenant's payments of Estimated Operating Costs for such year.Within thirty days after the delivery of such statement(including any statement delivered after the expiration or termination of the Term of this Lease),the party in whose favor the difference,if any,between(a)and(b)exists shall pay the amount of such difference to the other;provided,however,that overpayments by Tenant may at Landlord's option be credited against future payments of Estimated Operating Costs except with respect to the last year of the Term.Landlord's books and records relating to Actual Operating Costs for any particular calendar year shall be available for inspection by Tenant,during the 90 day period following delivery of Landlord's statement with respect to such year,and during normal business hours upon prior appointment at Landlord Address set forth in Item of the Data Sheet or such other address within the metropolitan area as designated by Landlord in notice to Tenant.Each statement furnished by Landlord hereunder shall constitute a final determination upon Tenant unless Tenant shall within 90 days after delivery thereof give written notice to Landlord that Tenant disputes the accuracy thereof,which notice shall specify in reasonable detail the inaccuracies of the statement. 5.07 Landlord may at its option by 30 days written notice to Tenant change its accounting year hereunder from the calendar year to a fiscal year,making such adjustments from the end of the last calendar year to the commencement of the first full fiscal year as shall be appropriate pursuant to generally accepted accounting principles.Upon such change,references in this Section 9 to a calendar year shall be deemed to be references to a fiscal year. ARTICLE VI. REPAIRS AND MAINTENANCE Section 6.01—Landlord's Obligations: Landlord shall make, at Landlord's sole cost and expense, all repairs and perform all maintenance work that is necessary in order to keep the Premises and equipment servicing the Premises,including but not limited to all utilities, the sprinkler system, if any, and the heating, ventilating and air conditioning unit(s), in good order and repair and in a safe and dry tenantable condition and in compliance with all regulations, codes and ordinances, including keeping in good repair the sewer and water lines outside the Premises and the structural supports, inclusive of the roof,foundation,and demising walls of the Premises. A-7 1 Section 6.02—Tenant's Obligations: Except as stated in Section 6.01, Tenant, at its expense, shall provide trash storage and removal services regardless of the location of any storage and removal facilities, except that if Landlord, in its sole discretion, shall provide trash services, then, in such event, Tenant shall be obligated to use and pay Landlord for the same as Additional Rent(Tenant's proportionate share of such trash storage and removal service costs shall be determined,at Landlord's option, either (aa) by multiplying such trash storage and removal service costs by a fraction, the numerator of which shall be the total square footage of the Premises, and the denominator of which shall be the average total gross leased and occupied square footage in the Shopping Center for the applicable billing period, excluding space occupied by or available for Major Tenants, or (bb) on the basis of a separate metering or monitoring of Tenant's use of such services or facilities). Notwithstanding any contrary provision of this Article VI, Tenant, at its expense, shall make any and all repairs to the Premises as may be necessitated by any break-in, forcible entry or other trespass into or upon the Premises, regardless of whether or not such entry and damage is caused by the negligence or fault of Tenant or occurs during or after business hours except to the extent caused by Landlord's negligence. ARTICLE VII. REAL ESTATE TAXES Section 7.01-Liability: Starting with the Term Commencement Date and continuing throughout the entire term of this Lease, Tenant shall pay Landlord, except as provided in Section 7.02 below, as Additional Rent, Tenant's proportionate share of Taxes, as hereinafter defined, for each tax year. The term "Taxes" means the total of all taxes and assessments, general and special, ordinary and extraordinary, real and/or personal, foreseen and unforeseen, including assessments for public improvements and betterments,assessed,levied or imposed with respect to the land and improvements included within the Shopping Center, any tax or surcharge of any kind or nature with respect to the parking areas or the number of parking spaces in the Shopping Center including without limitaton all taxes payable pursuant to Minnesota Statutes Section 272.01, Subd. 2. For purposes of determining Taxes, the term Shopping Center shall be deemed to include any land upon which parking facilities, berms, landscaping, lighting and/or off-site sewer and utility systems (including drainage and flood control and retention ponds) serving the Shopping Center are located,with all improvements situated thereon,provided however that once any such area, or portion thereof, is sold or leased by Landlord, then such area, or portion thereof, would no longer be so included. The term"Taxes"also includes all costs reasonably incurred in any proceeding brought by Landlord to reduce said Taxes. If at any time during the term of this Lease,the present method of taxation shall be changed so that in lieu of or in addition to the whole or any part of any Taxes levied,assessed or imposed on real estate and the improvements thereon or imposed upon any personality used in connection therewith or upon the collection of rents or other sums due hereunder,there shall be levied,assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents for the present or any future building or buildings in the Shopping Center, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes" for the purposes hereof. Tenant's proportionate share of Taxes shall be calculated by multiplying Taxes by a fraction, the numerator of which shall be the total square footage of the Premises (as contemplated in Section 1.01), and the denominator of which shall be the average total gross square footage of the Shopping Center for the applicable billing period. Section 7.02-Method of Payment: All taxes dues pursuant to Minnesota Statutes Section 272.01 Subd. 2 shall be paid directly by Tenant to Hennepin County. Landlord shall request that Hennepin County establish a personal property tax under Minnesota Statutes Section 272.01, Subd. 2 for Tenant. For all other Taxes Tenant shall pay its proportionate share of such Taxes by the following method: one-twelfth(1/12) of the Taxes estimated to be due by Landlord shall be paid each month with Minimum Rent until the end of the first tax year after the Term Commencement Date; thereafter, the monthly payments shall be based upon the tax bill for the previous tax year plus any reasonably anticipated increases. Any adjustments necessary for the amount paid for the previous tax year shall be debited or credited(as the case may be)in the next monthly installments until the liability has been extinguished. Notwithstanding the end of the term hereof, Tenant shall continue to be liable to Landlord for all Taxes incurred by Landlord for the term of this Lease, and Tenant shall promptly remit to Landlord any amount due to Landlord upon notice from Landlord to Tenant. Notwithstanding anything contained in this Article VII to the contrary,if Landlord is required to pay Taxes in advance, Tenant shall pay to Landlord on the Term Commencement Date, an amount equal to Tenant's proportionate share of Taxes for the entire tax year in which the Term Commencement Date occurs. ARTICLE VIII. INSURANCE Section 8.01—Tenant's Insurance Obligations: (a) General Liability Coverage. Tenant agrees to carry, at its own expense, throughout the Term of this Lease, Commercial General Liability insurance in the broadest form obtainable (including contractual liability coverage)covering the Premises and Tenant's use of the Premises with a minimum coverage of Four Million Dollars ($4,000,000) per occurrence and Four Million Dollars ($4,000,000) aggregate for Bodily Injury and Property Damage, including Loss of Use. Tenant may satisfy its obligation to maintain Commercial General Liability insurance, as required pursuant to this Section 8.01, by obtaining a combination of primary liability and A-8 1 umbrella/excess liability policies that total a minimum of$4,000,000 per occurrence limit, provided that Tenant's primary liability policy shall be in the minimum amount of One Million Five Hundred Thousand Dollars ($1,500,000)per occurrence. Tenant's insurance policy(ies) shall be written with insurers licensed to do business in the state in which the Premises is located,in a form satisfactory to Landlord and shall carry an A.M.Best rating of at least A-. Tenant's policies shall name Landlord as an additional insured and shall be endorsed to provide Landlord with no less than thirty(30)days prior written notice of cancellation or non-renewal. Tenant's policies shall also be endorsed to reflect that in the event that coverage benefiting Landlord exists under both Landlord's and Tenant's policies,coverage under the Tenant's policies shall be primary. (b) Property Coverage. Tenant shall bear the entire risk of loss for all of its property, furniture, fixtures, carpets, machinery, improvements & betterments, equipment, inventory, stock in trade and goods placed in the Premises. Tenant shall carry, at its sole cost and expense, Special Perils"all-risk"property coverage,including Loss of Income, of the broadest form available covering the above property on a full replacement cost basis. Coverage shall include improvements to the Premises while under construction or installation by Tenant. Said policy shall include a waiver of subrogation against Landlord as to loss or damage covered by such policy. (c) Workers' Compensation Coverage. Tenant shall also carry at all times such Workers' Compensation insurance as to comply with the laws and regulations of the state in which the Premises is located and shall provide Landlord with a Certificate evidencing coverage currently in force. (d) Basic Insurance Requirements. Tenant shall provide Landlord with Certificates of Insurance(ACORD 25) prior to the date of occupancy by Tenant and within thirty (30) days of the anniversary of said insurances, evidencing the above-required coverages. Tenant's policies shall name Tenant as insured and Landlord as additional insured as their interests may appear. Tenant shall require any Contractor of Tenant performing work on the Premises to maintain the same coverages as required of Tenant and to provide the same evidence of such coverage to Tenant before the Work begins. Failure on the part of Tenant to provide such evidence of insurance may cause, but does not obligate, Landlord to effect such coverage and in such event, Tenant agrees to pay the premium for such coverage promptly upon Landlord's demand, plus and administrative fee of fifteen percent (15%) of the total cost thereof. Section 8.02—Landlord's Insurance Obligations: (a) Building, Loss of Rental Income and Liability Coverage. Landlord agrees to carry insurance covering Landlord's building and loss of rental income against perils or loss and in an amount as Landlord may deem appropriate ("Landlord's Insurance"), but in the case of the Building, no less than the replacement value thereof. Landlord's Insurance shall also include coverage for liability arising from the common areas of the Property. Tenant shall have no rights in said policy or policies and shall not be entitled to be an insured thereunder. Section 8.03—Tenant's Contribution Towards Landlord's Insurance: Starting with the Term Commencement Date and continuing throughout the entire term of this Lease, Tenant shall pay to Landlord, as Additional Rent, Tenant's proportionate share of Landlord's insurance expenses ("Insurance Charges"). Tenant's proportionate share of Insurance Charges shall be calculated by multiplying Insurance Charges by a fraction, the numerator of which shall be the total square footage of the Premises, and the denominator of which shall be the total gross square footage in the Shopping Center for the applicable billing period. At the end of each calendar year, there shall be an adjustment if the amount paid by Tenant is less than Tenant's proportionate share actually incurred in that year so long as Landlord notifies Tenant of such deficiency within 90 days of the end of the calendar year. Tenant shall not permit to be done any act which will invalidate or be in conflict with Landlord's insurance policies covering the Shopping Center or Regional Development or any other insurance referred to in this Lease. Tenant will promptly comply with all rules and regulations relating to such policies. If the acts of Tenant or its employees or agents shall increase the rate of insurance referred to in this Lease,such increases shall be immediately paid by Tenant as Additional Rent. Notwithstanding anything to the contrary in this Section 8.03,Tenant shall have no liability for any rate insurance increase to the extent caused by a tenant other than Tenant. Section 8.04-Waiver of Subrogation: Notwithstanding any provision of this Lease to the contrary, Landlord and Tenant each hereby release and waive all rights of subrogation against the other, its officers, directors, employees and agents from any and all loss, damages or liability covered under any policy of insurance required to be maintained by this Lease, including deductibles or retentions, notwithstanding that such loss, damages or liability may have arisen from the negligence, tortious act or omission of the other party,or anyone for whom such party may be responsible Section 8.05-Indemnification: Tenant hereby indemnifies and agrees to save harmless Landlord,Landlord's officers,directors,employees, and agents, and any mortgagee and master lessor of the Shopping Center or Regional Development, (collectively, "the Protected Parties"), from and against all claims, losses, liabilities, damages, penalties, fines and expenses (including but not limited to attorneys'fees)that arise from or in connection with(i)the possession,use,occupation, management, repairs, maintenance or control of the Premises, or any portion thereof, inclusive of Improvements, and any sidewalks adjoining same, (ii) any act or omission of Tenant, its employees, agents, contractors, licensees, A-9 1 or invitees, or (iii) any violation, breach, or Default of this Lease by Tenant. Tenant shall, at its own cost and expense, defend any and all actions which may be brought against any of the Protected Parties with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be recovered against any of the Protected Parties in connection with the foregoing. Landlord agrees to indemnify and save Tenant harmless from and against any and all claims, actions, lawsuits, damages, liability and expense (including, but not limited to, reasonable attorneys' fees) arising from damage, loss or injury to persons or property occurring in, on or about the Shopping Center or Regional Development caused by (a) the negligence, act or omission of Landlord, its employees, agents or contractors or (b)any violation,breach or Default of this Lease by Landlord. ARTICLE IX. DESTRUCTION OF PREMISES Section 9.01-Continuance of Lease: In the event the Premises shall be partially or totally destroyed by fire or other casualty insured under the provisions of Section 8.01 above, so as to become partially or totally untenantable,then the damage to the Premises shall be promptly repaired by Landlord unless Landlord shall elect not to rebuild or repair as hereinafter set forth. Except in the case of termination, Minimum Rent shall be abated in proportion to the amount of the Premises rendered untenantable until so repaired. If more than twenty-five percent (25%) of the Premises or twenty-five percent(25%) of the floor area of the Shopping Center or the Regional Development shall be damaged or destroyed by fire or other casualty, then Landlord may elect that the Shopping Center, the Regional Development, and/or the Premises, as the case may be, be repaired or rebuilt or, either Landlord or Tenant may elect to terminate this Lease by giving written notice to the other party of its election to so terminate, such notice to be given within ninety(90) days after the occurrence of such damage or destruction. If the Lease is not terminated and Landlord is required or elects to repair or rebuild the Premises as herein provided,upon completion of such work by Landlord,Tenant shall immediately repair or replace its merchandise,improvements,trade fixtures, furnishings and equipment in a manner and to at least a condition equal to that immediately prior to its damage or destruction. Landlord shall give Tenant written notice of Landlord's intent regarding reconstruction, including the length of time for reconstruction, within sixty(60)days of the casualty. Section 9.02-Reconstruction;Rent Abatement: If all or any portion of the Premises is damaged by fire or other casualty and this Lease is not terminated in accordance with the above provision, then all insurance proceeds however recovered shall be made available for payment of the cost of repair, replacing and rebuilding. Landlord shall use the proceeds from the insurance as set forth herein to repair or rebuild the Premises to its condition as on the Delivery Date, and Tenant shall, using the proceeds from the insurance provided for in Section 8.01, repair, restore, replace or rebuild that portion of the Premises constituting Tenant's Work as defined herein together with any additional improvements installed by Tenant, such that the Premises shall be restored to its condition as of immediately prior to the occurrence of such casualty. If Tenant's insurance proceeds shall be less than Tenant's obligation hereunder,Tenant shall pay the entire excess cost. Minimum Rent, which is payable hereunder during the existence of such damage and until such repair or rebuilding is substantially completed by Landlord, shall be equitably abated. Equitable abatement shall terminate upon the earlier of(i) the date upon which Tenant operates its business within the Premises or (ii) thirty(30) days following the date upon which Landlord substantially completes its repair or rebuilding work to the Premises. ARTICLE X. CONDEMNATION Section 10.01-Eminent Domain: If twenty-five percent (25%) or more of the Premises shall be taken or condemned by any competent government authority, then either party may elect to terminate this Lease by giving notice to the other party not more than sixty (60) days after the date of which such title shall vest in the authority. If the parking facilities are reduced below the minimum parking requirements imposed by the applicable authorities, either Tenant or Landlord may elect to terminate this Lease by giving the other party notice within ninety (90) days after such taking. In addition, if any Major Tenant shall terminate its lease with Landlord pursuant to a taking of its store, either Tenant or Landlord may terminate this Lease on written notice to the other party within sixty (60) days after notice to Landlord that a Major Tenant is terminating its lease. In the case of any taking or condemnation,whether or not the term of this Lease shall cease and terminate,the entire award shall be the property of Landlord;provided, however, Tenant shall be entitled to any award as may be allowed for fixtures and other equipment which under the terms of this Lease would not have become the property of Landlord; further provided, that any such award to Tenant shall not be in diminution of any award to Landlord as a result of such taking or condemnation. ARTICLE XI. ASSIGNING, SUBLETTING AND ENCUMBERING LEASE Section 11.01-Assigning,Subletting and Encumbering Lease: (a) Except as otherwise set forth in this Lease (inlcuding any riders), Tenant shall not without Landlord's prior written consent, which shall be subject to Landlord's sole discretion (i) assign or otherwise transfer, or A-10 1 mortgage or otherwise encumber, this Lease or any of its rights hereunder, (ii) sublet the Premises or any part thereof, or permit the use of the Premises or any part thereof by any persons other than Tenant or its agents, or(iii) permit the assignment or other transfer of this Lease or any of Tenant's rights hereunder by operation of law. Any attempted or purported transfer, assignment, mortgaging or encumbering of this Lease or any of Tenant's interest hereunder and any attempted or purported subletting or grant of a right to use or occupy all or a portion of the Premises in violation of the foregoing sentence shall be null and void and shall not confer any rights upon any purported transferee,assignee,mortgagee,sublessee or occupant. (b) If Tenant desires at any time to assign or transfer this Lease or sublet(or permit occupancy or use of) the Premise, it shall first give Landlord written notice of its desire to do so and shall submit in writing to Landlord(i) the name of the proposed assignee,mortgagee, subtenant or other transferee(any of the foregoing being hereinafter referred to as an"Assignee"),(ii)the nature of the proposed Assignee's business to be carried on the Premises,(iii)a copy of the proposed Assignment agreement and any other agreements to be entered into concurrently with such Assignment, including full disclosure of all financial terms, and (iv) such financial information as Landlord may reasonably request concerning the proposed Assignee. Tenant shall pay to Landlord a reasonable fee for Landlord's expenses, including attorneys' fees, in reviewing such proposed Assignment. Neither the furnishing of such information nor the payment of such fee shall limit any of Landlord's rights or alternatives under this Section 11. For thirty (30) days following receipt of said notice, Landlord shall have the right, exercisable by sending written notice to Tenant,to (i)object to such assignment, sublet or transfer or(ii)terminate this Lease if all of the Premises were affected by the assignment or sublease. The consent by Landlord to any assignment, transfer or subletting to any party shall not be construed as a waiver or release of Tenant under the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of rent from any such assignee, transferee, subtenant or occupant constitute a waiver or release of Tenant of any covenant or obligation contained in this Lease, nor shall any such assignment,transfer or subletting be construed to relieve Tenant from giving Landlord said thirty(30)days notice or from obtaining the consent in writing of Landlord to any further assignment, transfer or subletting. Once Tenant has given Landlord notice of a proposed assignment or subletting,Landlord's failure to respond within such 30-day period shall be deemed to be Landlord's consent to such assignment or subletting. (c) Notwithstanding anything to the contrary above, Tenant shall have the right, upon fifteen (15) days prior written notice to Landlord but without Landlord's prior consent, (i)to sublet all or part of the Premises to Tenant's parent company ("Parent"), or to any entity which is a subsidiary of Tenant or its Parent (any of such entities being herein called a"Parent Affiliate"); or(ii)to assign this Lease(x)to a Parent or a Parent Affiliate or to (y)a successor entity into which or with which Tenant is merged or consolidated or which acquired substantially all of Tenant's assets and property,provided that such subtenant or assignee assumes all of the obligations and liabilities of Tenant arising under this Lease and Tenant is not released from liability hereunder. In addition, in no event shall (a) a change in control of Tenant resulting from a merger, consolidation or asset sale, or (b) sales or transfers, whether voluntary, by operation of law or otherwise, of any portion of the common or preferred stock of Tenant, or the sale or creation of new stock(including, without limitation, an initial public offering) be considered an assignment or conveyance which requires Landlord's prior written consent. Tenant's shareholders shall be permitted to sell and transfer their shares and interests in the Tenant to each other and to third parties without such sales or transfers requiring Landlord's consent and the sale additional shares or securities of Tenant, including, without limitation, an initial public offering, shall not be considered an assignment, subleasing or other transfer of this Lease ARTICLE XII. SUBORDINATION AND FINANCING Section 12.01-Subordination: On the condition that such lender grant Tenant non-disturbance,this Lease and Tenant's tenancy hereunder shall be subject and subordinate at all times to the lien of any mortgage or deed of trust now or hereafter placed upon the interest of Landlord and the Premises. Tenant also agrees that any mortgagee or trustee may elect to have this Lease a prior lien to its mortgage or deed of trust, and in the event of such election, and upon notification by such mortgagee or trustee to Tenant to that effect,this Lease shall be deemed prior in lien to the said mortgage or deed of trust,whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. Tenant agrees to execute and deliver such instruments as may be desired by Landlord or by any mortgagee or trustee subordinating this Lease to the lien of any present or future mortgage or deed of trust,or as may be otherwise required to carry out the intent of this Section. Tenant hereby appoints Landlord its attorney-in-fact, irrevocably, to execute and deliver any such instrument of Tenant. Section 12.02-Attornment: If, and so long as this Lease is in full force and effect, then at the option of the mortgagee: (a)this Lease shall remain in full force, notwithstanding (i) a default under the mortgage by Landlord, or (ii) any bankruptcy or similar proceedings with respect to Landlord, (b) if any such mortgagee shall become possessed of the Premises, Tenant shall be obligated to such mortgagee to pay to it the rentals and other charges due hereunder and to thereafter comply with all the terms of this Lease, and (c) if any mortgagee or purchaser, at a private or public sale shall become possessed of the Premises, Tenant shall, without charge, attorn to such mortgagee or purchaser as its landlord under this Lease. Tenant agrees that in the event Landlord is in default under this Lease, any mortgagee or trustee under a deed of trust of Landlord's interest in the Premises shall be permitted(but not required)to enter the A-11 1 Premises for the purpose of correcting or remedying such default, and Tenant agrees to accept performance by such mortgagee or trustee in lieu of performance by Landlord. Tenant further agrees that, from and after written notice from Landlord of the name and address of any mortgagee or trustee, Tenant will contemporaneously deliver notice to any such mortgagee or trustee of a default by Landlord under this Lease. Notwithstanding any provision of this Lease,Tenant agrees that no termination of this Lease or abatement or reduction or rent or any other amounts under this Lease shall be effective unless and until such mortgagee or trustee has received notice and fails within thirty (30) days of the date on which Landlord's cure period expires to cure the default of Landlord in question, or if the default cannot be cured within said thirty (30) days, fails to commence and diligently prosecute the cure of such default. Section 12.03-Estoppel: From time to time and upon ten (10) days notice, Tenant agrees to execute and deliver a written acceptance/estoppel certificate confirming that Tenant has accepted the Premises and such other facts relative to this Lease as Landlord or any mortgagee of the Shopping Center may request to be confirmed. If Tenant fails to execute such certificate, Tenant hereby appoints Landlord as its attorney-in-fact, irrevocably, to execute and deliver such certificate for Tenant,or Landlord may elect to terminate this Lease. ARTICLE XIII. DEFAULTS Section 13.01-Events of Default: If any one or more of the following events occur, said event or events shall hereby be classified as a Tenant "Default": (a)If Tenant fails to pay Minimum Rent,Percentage Rent,Additional Rent or any other charges required to be paid by Tenant when same shall become due and payable, and such failure continues for five (5) days after written notice from Landlord; (b)If Tenant shall fail to perform or observe any terms and conditions of this Lease, and such failure shall continue for ten(10)days after written notice from Landlord; (c) If Tenant refuses to take possession of the Premises at the Delivery Date, or fails to open its doors for business on the Term Commencement Date as required herein; (d)If Tenant fails to conduct its business for the use and under the trade name as set forth in Section 4.01; (f) If Tenant, or any guarantor of Tenant's obligations hereunder, shall make an assignment for the benefit of creditors or file a petition, in any state court, in bankruptcy,reorganization, composition, or make an application in any such proceedings for the appointment of a trustee or receiver for all or any portion of its property; (g) If any petition shall be filed under state law against Tenant or any guarantor of Tenant's obligations hereunder in any bankruptcy,reorganization or insolvency proceedings,and said proceedings shall not be dismissed or vacated within thirty(30)days after such petition is filed; (h) If a receiver or trustee shall be appointed under state law for Tenant or any guarantor of Tenant's obligations hereunder, for all or any portion of the property of either of them, and such receivership or trusteeship shall not be set aside within thirty(30)days after such appointment;or (i) If any execution, levy, attachment or other legal process of law shall occur upon Tenant's goods, fixtures,or interest in the Premises. Section 13.02—Landlord's Remedies: Should a Default occur,Landlord may pursue any or all of the following: (a)Landlord may terminate this Lease by giving five(5) days written notice of such termination to Tenant, whereupon this Lease shall automatically cease and terminate and Tenant shall be immediately obligated to quit the Premises. If Landlord elects to terminate this Lease,everything contained in this Lease on the part of Landlord to be done and performed shall cease without prejudice,subject,however,to the right of Landlord to recover from Tenant all rent and any other sums accrued up to the time of termination or recovery of possession by Landlord, whichever is later.If Landlord elects not to terminate this Lease,Landlord may pursue any remedy available at law. (b)Upon termination of this Lease pursuant to Section 13.02,Landlord may proceed to recover possession of the Premises under and by virtue of the provisions of the laws of the jurisdiction in which the Shopping Center is located,or by such other proceedings,including reentry and possession,as may be applicable. (c) If Tenant shall be in Default, Landlord shall have the option, upon ten (10) days written notice to Tenant, to cure said Default for the account of and at the expense of Tenant. No such notice shall be required for emergency repairs. A-12 (d)Whether or not Landlord elects to terminate this Lease,Landlord may enter upon and repossess the Premises(said repossession being herein after referred to as"Repossession")by force,summary proceedings, ejectment or otherwise,and may remove Tenant and all other persons and property therefrom. From time to time after Repossession of the Premises,whether or not this Lease has been terminated,Landlord may,but shall not be obligated to,attempt to relet the Premises for the account of Tenant in the name of Landlord or otherwise,for such term or terms(which may be greater or less than the period which would otherwise have constituted the balance of the Term)and for such terms(which may include concessions or free rent)and for such uses as Landlord,in its uncontrolled discretion,may determine,and may collect and receive the rent therefor.Any rent received shall be applied against Tenant's obligations hereunder,but Landlord shall not be responsible or liable for any failure to collect any rent due upon any such reletting. (e)No termination of this Lease pursuant to Section 11 and no Repossession of the Premises pursuant to Section 11 or otherwise shall relieve Tenant of its liabilities and obligations under this Lease,all of which shall survive any such termination or Repossession.In the event of any such termination or Repossession,whether or not the Premises shall have been relet,Tenant shall pay to Landlord the Base Rent and other sums and charges to be paid by Tenant up to the time of such termination or Repossession,and thereafter Tenant,until the end of what would have been the Term in the absence of such termination or Repossession,shall pay to Landlord,as and for liquidated and agreed current damages for Tenant's default,the equivalent of the amount of the Base Rent and such other sums and charges which would be payable under this Lease by Tenant if this Lease were still in effect,less the net proceeds,if any,of any reletting effected pursuant to the provisions of Section 11 after deducting all of Landlord's expenses in connection with such reletting,including,without limitation,all repossession costs, brokerage and management commissions,operating expenses,legal expenses,attorneys'fees,alteration costs,and expenses of preparation for such reletting. Tenant shall pay such current damages to Landlord monthly on the days on which the Base Rent would have been payable under this Lease if this Lease were still in effect,and Landlord shall be entitled to recover the same from Tenant on each such day.At any time after such termination or Repossession,whether or not Landlord shall have collected any current damages as aforesaid,Landlord shall be entitled to recover from Tenant,and Tenant shall pay to Landlord on demand,as and for liquidated and agreed final damages for Tenant's default,an amount equal to the then present value of the excess of the Base Rent and other sums or charges reserved under this Lease from the day of such termination or Repossession for what would be the then unexpired term if the same had remained in effect,over the amount of rent Tenant demonstrates that Landlord could in all likelihood actually collect for the Premises for the same period,said present value to be arrived at on the basis of a discount of four percent(4%)per annum. (f) Landlord may, at Landlord's option, enter into and upon the Premises after providing 24 hours' notice, except in the case of an emergency or where immediate action is necessary in which events no notice is required, if Landlord determines in its sole discretion that Tenant is not acting within a commercially reasonable time to maintain,repair or replace anything for which Tenant is responsible under this Lease and correct the same, without being deemed in any manner guilty of trespass, eviction or forcible entry and detainer and without incurring any liability for any damage or interruption of Tenant's business resulting therefrom. To the extent practical Landlord shall schedule such entry so as to minimize interference with Tenant's business and permit Tenant to safeguard confidential files in the Premises. If Tenant shall have vacated the Premises, Landlord may at Landlord's option re- enter the Premises at any time during the last six months of the then current Term of this Lease and make any and all such changes, alterations, revisions, additions and tenant and other improvements in or about the Premises as Landlord shall elect,all without any abatement of any of the rent otherwise to be paid by Tenant under this Lease. (g) Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Lease or any other remedies provided by law(all such remedies being cumulative),nor shall pursuit of any remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants contained in this Lease. (h) No act or thing done by Landlord or its agents during the Term shall be deemed a termination of this Lease or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or to accept a surrender of said Premises shall be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or breach or Default of any of the terms,provisions and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any other violation or breach or Default of any of the terms, provisions and covenants contained in this Lease. Landlord's acceptance of the payment of rental or other payments after the occurrence of a violation, breach or Default shall not be construed as a waiver of such default, unless Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one or more of the remedies provided in this Lease upon a violation,breach or Default shall not be deemed or construed to constitute a waiver of such violation,breach or Default or of Landlord's right to enforce any such remedies with respect to such violation, breach or Default or any subsequent violation,breach or Default. (i) In addition to all other remedies of Landlord, Landlord shall be entitled to reimbursement upon demand of all reasonable attorneys' fees incurred by Landlord in connection with any Default. A-13 Section 13.03-Default by Landlord: Landlord shall in no event be charged with a default hereunder unless Landlord shall fail to perform or observe any term,condition,covenant or obligation required to be performed or observed by it under this Lease for a period of thirty(30)days after written notice thereof from Tenant. ARTICLE XIV. BANKRUPTCY OR INSOLVENCY Section 14.01—Tenant's Interest Not Transferable: Neither Tenant's interest in this Lease, nor any interest therein of Tenant nor any estate hereby created in Tenant,shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law. Section 14.02—Landlord's Option to Terminate: In the event the estate created in Tenant hereby shall be taken,in execution or by other process of law, or if Tenant or Tenant's Guarantor or their respective executors, administrators or assigns, if any, shall be adjudicated insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act,or if a receiver or trustee of the property of Tenant or Tenant's Guarantor, if any, shall be appointed by reason of the insolvency or inability of Tenant or Tenant's Guarantor, if any,to pay its debts,or if any assignment shall be made of the property of Tenant or Tenant's Guarantor,if any,for the benefit of creditors,then and in any such events,Landlord may at its option terminate this Lease and all rights of Tenant hereunder,by giving to Tenant notice in writing of the election of Landlord to so terminate, in which event this Lease shall cease and terminate with the same force and effect as though the date set forth in said notice were the date originally set forth herein and fixed for the expiration of the Term,and Tenant shall vacate and surrender the Premises but shall remain liable as herein provided. Section 14.03—Tenant's Obligation to Avoid Creditors'Proceedings: Tenant or Tenant's Guarantor, if any, shall not cause or give cause for the institution of legal proceedings seeking to have Tenant or Tenant's Guarantor, if any, adjudicated bankrupt, reorganized or rearranged under the bankruptcy laws of the United States, and shall not cause or give cause for the appointment of a trustee or receiver for the assets of Tenant or Tenant's Guarantor,if any,and shall not make any assignment for the benefit of creditors, or become or be adjudicated insolvent. The allowance of any petition under the bankruptcy law,or the appointment of a trustee or receiver of Tenant or Tenant's Guarantor,if any,or its assets,shall be conclusive evidence that Tenant caused, or gave cause therefor,unless such allowance of the petition, or the appointment of a trustee or receiver, is vacated within thirty(30) days after such allowance or appointment. Any act described in this Section 14.03 shall be deemed a material breach of Tenant's obligation hereunder,and upon such breach by Tenant,Landlord may,at its option and in addition to any other remedy available to Landlord, terminate this Lease and all rights of Tenant hereunder,by giving to Tenant notice in writing of the election of Landlord to so terminate. Section 14.04-Application of Bankruptcy Proceeds: Notwithstanding anything to the contrary contained in this Article XIV, in the event, for any reason whatsoever,the interest of Tenant in this Lease is subject to assignment or sale by the Bankruptcy Court, then, and in that event, all proceeds of such sale or assignment shall be paid to Landlord and not to Tenant nor to the bankruptcy estate. Section 14.05-Bankruptcy: (a)Neither Tenant's interest in this Lease,nor any estate hereby created in Tenant nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law, except as may specifically be provided pursuant to the Bankruptcy Code(11 USC §101 et.seq.),as the same may be amended from time to time. (b)Rights and Obligations Under the Bankruptcy Code. (1)It is understood and agreed that this Lease is a lease of real property in a shopping center as such lease is described in Section 365 of the Bankruptcy Code, as the same may be amended from time to time. (2) Upon the filing of a petition by or against Tenant under the Bankruptcy Code,Tenant,as debtor and as debtor-in-possession,and any trustee who may be appointed with respect to the assets of or estate in bankruptcy of Tenant,agree to pay monthly in advance on the first day of each month,as reasonable compensation for the use and occupancy of the Premises, an amount equal to all Minimum Rent, Additional Rent and other charges otherwise due pursuant to this Lease,and to pay Percentage Rent monthly, at the percentage factor set forth in this Lease for the Lease Year in which such month falls, on all of the Gross Sales during such month in excess of one-twelfth (1/12th) of the Break Point for such Lease Year. Payment of all such Percentage Rent to be made by the tenth(loth) day of the succeeding month. (3)Included within and in addition to any other conditions or obligations imposed upon Tenant or its successor in the event of the assumption and/or assignment of this Lease are the following: (i) the cure of any monetary defaults and reimbursement of pecuniary loss within not more than thirty (30) days of assumption and/or assignment; (ii) the deposit of an additional sum equal to not less than three (3) months' Minimum Rent and Additional Rent to be held by Landlord as a security deposit, which sum shall be determined by Landlord, in its sole discretion, to be a necessary deposit to secure the future performance under the Lease of Tenant or its assignee;(iii)the use of the Premises as set forth in Section 4.01 of this Lease and the quality, quantity and/or lines of merchandise, goods or services required to be offered for the sale are unchanged; and (iv) the prior written consent of any mortgagee to which this Lease has been assigned as collateral security. A-14 1 ARTICLE XV. RIGHT OF ACCESS Section 15.01-Right of Access: Landlord may,upon at least 24 hours'prior notice to Tenant(except in the case of an emergency, in which case no such notice is required),enter upon the Premises for the purpose of inspecting,making repairs,replacements or alterations, and showing the Premises to prospective purchasers, lenders or lessees; provided, however, any such entry shall be accomplished with as minimal interference with or interruption of Tenant's business as possible. During the last six(6)months of the term, Landlord shall have the right to display one(1) or more"For Rent"signs on or about the Premises. ARTICLE XVI. DELAYS Section 16.01-Delays: If Landlord or Tenant is delayed from performing any of their respective obligations during the term of this Lease because of acts of God or other cause beyond their control, then the period of such delays shall be deemed added to the time herein provided for the performance of any such obligation and the breaching party shall not be liable for losses or damages caused by such delays; provided, however, that this Article shall not apply to the payment of any sums of money required to be paid by Tenant hereunder. Subject to the foregoing, time is of the essence with respect to all obligations to be performed by Tenant pursuant to the terms of this Lease. ARTICLE XVII. END OF TERM Section 17.01-Return of Premises: Upon the expiration or termination of this Lease,Tenant shall quit and surrender the Premises to Landlord, in good order, broom clean, normal wear and tear and acts of God excepted. Subject to the other terms of this Lease, Tenant shall, at its expense, remove all property of Tenant, all alterations to the Premises not wanted by Landlord and repair damage caused by such removal and return the Premises to the condition in which they were prior to the installation of the article so removed. Upon the expiration or termination of this Lease, Tenant shall execute and acknowledge a quit-claim deed to Tenant's interest in the Premises, in recordable form, in favor of Landlord ten(10) days after written notice and demand therefor by Landlord, and Tenant hereby appoints Landlord its attorney-in-fact,irrevocably,to execute and deliver such quit claim deed. Section 17.02-Holding Over: If Tenant shall hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option(i)Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month at one hundred twenty-five percent (150%) of the highest Minimum Rent in effect during the term of this Lease or any extensions thereof plus one-sixth(1/6th) of the average annual Percentage Rent payable hereunder for the three (3) Lease Years immediately preceding, or the entire portion of the Lease Term, if less than three(3)Lease Years, and otherwise subject to all of the terms and conditions of this Lease,or(ii)Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. ARTICLE XVIII. COVENANT OF QUIET ENJOYMENT Section 18.01-Covenant of Quiet Enjoyment: Landlord covenants that Tenant shall at all times during the term hereof peaceably have,hold and enjoy the Premises, without any interruption or disturbance from Landlord, or anyone claiming through or under Landlord, subject to the terms hereof,and any prior liens to which this Lease is subordinate. ARTICLE XIX. MISCELLANEOUS Section 19.01-Interpretation: This Lease contains the entire agreement between the parties hereto with respect to the matters contained herein and there are no covenants, promises, agreements, conditions, understandings, or warranties or representations, oral or written,between them other than as herein set forth. The Lease or any part of it may not be changed, altered, modified, limited, terminated, or extended orally or by any agreement between the parties unless such agreement is in writing and signed by the parties hereto, their legal representatives, successors or permitted assigns. Tenant agrees and acknowledges that any estimates and/or projections of charges and/or stated minimum charges that may have been provided by Landlord prior to entry into this Lease may not be representative of the actual charges that will ultimately be billed to Tenant hereunder. Tenant acknowledges and agrees that these estimates and/or projections of charges and/or stated minimum charges are provided for budgeting purposes only and are not to be construed in any fashion as being indicative of the actual charges that will ultimately be billed to Tenant hereunder. Tenant acknowledges and agrees that the actual charges may be more or less than the estimates and/or projections and/or may be more than the stated minimum charges. A-15 1 Section 19.02-Notice: No notice or other communications given under this Lease shall be effective unless the same is in writing and is delivered in person or mailed by registered or certified mail, return receipt requested, first class, postage prepaid, or delivered via over-night courier, addressed: (1) if to Landlord, attention: City Clerk at the address set forth on page 1 of this Lease, and a separate duplicate notice to the Finance Manager at the address set forth on page 1 of this Lease,or to such other address as Landlord shall designate by giving notice thereof to Tenant,or(2)if to Tenant, at the address set forth on page 1 of this Lease or such other address as Tenant shall designate by giving notice thereof to Landlord. Any such notice,statement,certificate,request or demand shall,be deemed to have been given upon receipt or refusal of receipt. Section 19.03-Applicable Laws: It is the intent of the parties hereto that all questions and/or disputes with respect to the construction of this Lease and the rights and the liabilities of the parties hereto shall be determined in accordance with the laws of the State in which the Premises are located, in the court of competent jurisdiction in the jurisdiction in which the Shopping Center is located. Section 19.04-Successors: This Lease shall bind and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. Section 19.05-Brokers: Landlord and Tenant warrant and represent that, with the exception of Access Commercial LLC, Tenant's broker and Equity Property Group, Landlord's broker, whose commission shall be paid by Landlord pursuant to a separate written agreement, there was no broker or agent instrumental in consummating this Lease. Each party agrees to indemnify and hold the other harmless against any claims for brokerage or other commission arising by reason of a breach by such party of this representation and warranty. Section 19.06-Landlord Assignment: Landlord hereunder shall have the right to freely assign this Lease without notice to or consent of Tenant. In the event of any transfer or transfers of Landlord's interest in the Premises, including a so-called sale-leaseback, the transferor shall be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer except with respect to any security deposit referred to in Section 2.06 of this Lease upon assignment of the same to the transferee. Upon the termination of any Lease in a sale-leaseback transaction prior to termination of this Lease, the former lessee thereunder shall become and remain liable as Landlord hereunder until a further transfer. No holder of a mortgage or deed of trust to which this Lease is, or may be subordinate, shall be responsible in connection with the security deposited hereunder, unless such mortgagee or holder of such deed of trust of lessor shall have actually received the security deposited hereunder. Section 19.07-Relationship of the Parties: The terms of this Lease shall not be interpreted to mean that Landlord and Tenant are partners or joint ventures. Section 19.08-Waiver of Right of Redemption: Tenant hereby expressly waives for itself and all persons claiming by or through it,any right of redemption or for the restoration of the operation of this Lease under any present or future law in case Tenant shall be dispossessed for any cause. Section 19.09-Waiver of Jury Trial: Landlord and Tenant hereby waive trial by jury in any action,proceeding or counterclaim brought by either of the parties hereto against the other on or in respect of any matter whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant hereunder, Tenant's use or occupancy of the Premises and/or any claim of injury or damage. Section 19.10-Invalidity of Particular Provisions: If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 19.11-Strict Performance: No failure by Landlord to insist upon the strict performance of any term, covenant, agreement, provision, condition or limitation of this Lease to be kept, observed or performed by Tenant, and no failure by Landlord to exercise any right or remedy consequent upon a breach of any such term, covenant, agreement,provision,condition or limitation of this Lease, shall constitute a waiver of any such breach or of any such term, covenant, agreement, provision,condition or limitation. A-16 1 Section 19.12-Consumer Price Index: As used herein, Consumer Price Index or CPI shall mean the Consumer Price Index" shall mean Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84=100, or the successor of that Index, as published by the Bureau of Labor Statistics,U.S. Department of Labor. Should Landlord lack sufficient data to make the proper determination on the date of any adjustment,Tenant shall continue to pay the monthly rent payable immediately prior to the adjustment date. As soon as Landlord obtains the necessary data, Landlord shall determine the rent payable from and after such adjustment date and shall notify Tenant of the adjustment in writing. Should the monthly rent for the period following the adjustment date exceed the amount previously paid by Tenant for that period, Tenant shall forthwith pay the difference to Landlord. Should the Consumer Price Index as above described cease to be published, a reasonably comparable successor index shall be selected by Landlord. If Tenant objects to the successor index, the dispute will be resolved and a successor index designated by arbitration pursuant to the rules and procedures of the American Arbitration Association. Section 19.13-Execution in Counterparts: This Lease may be executed in one or more counterparts, any one or all of which shall constitute but one agreement. Section 19.14-Execution of Lease by Landlord: The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or an option for, the Premises, and this document shall be effective and binding only upon the execution and delivery hereof by both Landlord and Tenant. Section 19.15-Effect of Captions: The captions or legends in this Lease are inserted for convenient reference or identification of the particular paragraphs. They are in no way intended to describe, interpret, define or limit the scope, extent or interest of this Lease,or any paragraph or provision thereof. Section 19.16—Attorney's Fees: In the event either party commences litigation against the other party as a result of a monetary Default by such party,the prevailing party in such litigation shall be entitled to recover its reasonable costs and attorney's fees incurred in such litigation from the other party. Section 19.17—Execution by Facsimile: If a party returns this Lease (or a portion of this Lease with instructions to insert said portion into the Lease), the signing party intends the copy of its signature or initials, said portion of the Lease printed by the receiving facsimile machine to automatically be deemed to be said parties original signature or initials. Section 19.26-Exhibits: The following Exhibits are attached to and made a part of this Lease by this reference hereto: a) Exhibit A - Site Plan b) Exhibit B - Landlord Work c) Exhibit C - Tenant Work d) Exhibit D - Lease Rider ARTICLE XX. SPECIAL PROVISIONS Section 20.01- A-17 IN WITNESS WHEREOF,Landlord and Tenant have caused this Lease Agreement to be executed effective the day and year first above written. LANDLORD: TENANT: CITY OF EDEN PRAIRIE BE VENTURES I, INC. By: By: Phil Young, Its Mayor Its: Dated: By: Jay Lotthammer, Its Interim City Manager Dated: 1610.573-Complete Nutrition\Documents\Eden Prairie-Lease-Clean by rfr 2010 12 06.doc A-18 1 EXHIBIT"A"-SITE PLAN E%HISIT A . (Page t of 2) HOLLYWOOD VIDEO DESIGN INTENT DRAWINGS FOR THE CITY OF: - f 1 EDEN PRAIRIE.MN E 823769 • ( ESTIMATED OPEN PATE:. HA I FLOOR PLAN • I[ qp I�If .. Gr p 111111, 1 b. I1 9 . ti b . 5317_ SS SQ FT ,i • . 1,788 SQ FT SIII. . • J' rti - � I •eertv+m rr, DATE 4=6 #DM BY:CIS nmaxlYtFTIE.., 023M 3A]IETZDA 'IT1O1 FA SR-p DWN5IZE Dim Prairie f . A-19 1 EXHIBIT"B"-LANDLORD'S WORK 1. Build out of restrooms and adjacent hallway identified on the Site Plan,Exhibit A. B-1 EXHIBIT"C"-TENANT'S WORK BACK ROOM i1031 el of of ji o © o RETAIL 1102I o i 0 A f-- EIC k = Y I 0 N 0 17a7 SQ RETAIL.Ff. — 707 o� . }, Q = — Y 07 07 a — b _ b aD 6 • 7''• IL/ b Y • 21'-0' CLIENT; PRODUCT NAME APPROVED FOR xoTe. CONSTRUCTION NA CONTENT HERE ARE THE xROPERTT OF COMPLETE NUTRITION M011FR$44.fpENPPNRIE•C-0NCEPNhLPIkH Slgn: m,mcCT RSAID o YMPATECO INC. DESIGNER: DRAW Iv SY: DATE; REVD: sACM/MA E1NR oNvnuaHTLANSa IXASTR JENNAWILEY JENNAWILEY 11/23/10 11/24/10 Date: DUDEwDHDDPRcx aD RDDpH C-1 LANDLORD WORKLETTER EXHIBIT C-1 CONSTRUCTION REQUIREMENTS AND STANDARDS 1. Landlord Construction Landlord's Work to be completed prior to delivering possession of the Premises to the Tenant and in compliance with standard construction practices and all applicable codes. Landlord will provide the Tenant with a copy of Landlord's construction schedule,including the name,phone number and address of Landlord's contractor and project manager. The construction schedule must be furnished to the Tenant twenty(20)days after receipt of Tenants Plans and Specifications.Tenant agrees to provide plans and specifications within seven(7)days of execution of lease. The construction schedule must include completion date for Landlord's Work as described herein. Tenant's project manager,or its designated representative,may enter upon the Premises during construction of Landlord's Work to inspect progress and take progress photos.Upon the completion of the Landlord's Work,the Tenant may inspect completed space with Landlord to develop a punchlist. 2. Tenant's Completion of Landlord's Work Landlord's Work shall be completed in accordance with the Lease and Landlord's construction schedule. 3. Parties Obligations upon Delivery and Possession Upon delivery of possession of the Premises to Tenant,Tenant shall inspect the Premises to determine whether Landlord's Work has been completed.At this time,Landlord and Tenant shall execute the delivery of possession form in accordance with the Lease. At the time of Tenant's inspection,Landlord shall demonstrate all of Landlord's Work including all mechanical systems of the Premises. Landlord shall repair all punch list items within a timeline mutually agreed upon by both Landlord and Tenant. If the Premises and the Building/Shopping Center are not in the condition required by the description of Landlord's Work and the Lease on the delivery date described in the Lease(or if the Lease is silent,the delivery date Landlord communicated to Tenant in Landlord's construction schedule delivered to Tenant as defined above)then Tenant may,at its option,either(a)delay acceptance of possession until the Premises and the Building/Shopping Center are in the condition required by the Lease and pursue its remedies in the Lease for Landlord's failure to deliver on time; (b)accept possession of the Premises and complete all outstanding Landlord's Work necessary to bring the Premises into the required condition;or(c)enter the Premises to begin performing Tenant's improvements in accordance with the Lease without accepting possession of the Premises.If Tenant elects to proceed under the foregoing subsection (b),then Landlord shall reimburse Tenant for the actual cost of such work,plus an administrative surcharge of fifteen percent(15%)to compensate Tenant for its employees'time,within thirty(30)days of receipt of an invoice for such sums. Tenant's and its contractor's determination of the cost of such work shall be final and binding on Landlord and Landlord acknowledges that Landlord can control the cost by performing Landlord's Work in a timely manner. If Landlord does not reimburse Tenant as required by this Section,then Tenant may offset any such sum against Rent and all other charges due Landlord until such sum has been fully recouped.If Tenant elects to proceed under the foregoing subsection(c)and if the Landlord's Work is not completed within seven(7)days after commencement of Tenant's improvements,then Tenant reserves the right to complete the outstanding Landlord's Work as described under subsection(b). C-2 EXHIBIT C-2 Description of Landlord Work New and/or Existing Construction Scope Detail Category Landlord • Tenant may enter premises to review progress. Work Building • Landlord to provide aluminum storefront with a fully functioning door to match existing Storefront features as mutually agreed upon by Tenant and Landlord. Selective • Demolish,remove and legally discard of all prior tenant's improvements including,but not Demolition limited to hazardous substances,partitions,ceilings,and other fixtures and equipment. • Space shall be left in"broom clean"condition. Utility • Utility services currently exist on premises. Service Drinking • Landlord to provide electric water/drinking fountain and mop sink as required Fountain and by code Mop Sink Tenant • Landlord to provide Tenant's restrooms per code including all local,state,national,and ADA Restrooms code requirements.RESTROOMS WILL BE COMMON AREA RESTROOMS WHICH TENANT IS FINE WITH. Site Electrical • Provide a separately metered utility,including the current transformer[CT]block and Distribution enclosure,meter base,distribution panel,meter,conduit wiring from the utility service point to Tenant's main electrical panel.Location of the main panel shall be mutually agreed upon by Tenant and Landlord. • Furnish and install all conduit,wire,and connections(per the electrical utility requirements and the National Electrical Code)necessary for a complete electrical service installation. • Service drop from the utility company location providing shall be a minimum of 200Amps, 120/208 Volt 3 phase 4 wire power service connected to Tenant's main electrical panel. • Provide live junction box as mutually agreed upon by Tenant and Landlord. • Provide electrical outlets as mutually agreed upon by Tenant and Landlord. Flooring • Provide level reinforced concrete slab at grade street level,in stable,dry condition. Concrete floor must be smooth,level and properly cured and ready to accept Tenant's floor finishes. • All flooring must meet applicable dead and live load codes,including but not limited to all applicable building,structural and ADA jurisdictional requirements. HVAC • One HVAC rooftop unit[RTU],including all electrical connections,plumbing connections, gas connections and thermostats/HVAC controls is currently in place. • Furnish mechanical cooling capacity.Furnish heating capacity.HVAC unit shall be tested and operable and maintained by Landlord cost of which is billed back to Tenant. • Landlord shall provide a minimum length of 150 feet of low voltage thermostat cable for the Tenant looped and left in the ceiling space. • HVAC units to be provided with economizers. • HVAC units to receive condensation drain lines to be installed per local code requirements. • Structural support for HVAC system shall meet all applicable codes. • Thermostats/HVAC controls currently exist and will be located by Landlord. • Provide ducted fresh air intake integrated with air handling system per applicable building codes. • Roof top unit is currently in place. Ductwork • All ductwork will be isolated in Tenant's space. • Restroom exhaust ductwork is currently in place. Electrical • Furnish and install a 200 amp main electrical panel. The panel shall be mounted flush with Panels wall,in a location mutually agreed upon by Tenant and Landlord. • Each electrical panel shall be furnished with 42 poles and breakers per Tenant's construction documents and panel schedule. • Panels shall have Amps Interrupting Current(AIC)rating sufficient to withstand available fault current at the electrical service entry. Ceiling • Landlord to provide and install standard white 2x2 lay in acoustical ceiling tile and grid as C-3 mutually agreed upon by Tenant and Landlord. Lighting • Furnish and install 2x4 lay in lighting fixtures per Tenants plans and specifications at approximately 1 fixture per 80 square feet. Landlord to provide a security light with a minimum of 150 watt or per local code requirement at exterior rear door at a minimum dimension 10' above finished floor[AFF] and controlled in Tenant's space. Telephone • Complete phone system is the responsibility of the Tenant. System Landlord: Tenant: Print Name: Print Name: Title: Title: Date: Date: C-4 EXHIBIT D Lease Rider C-5 LEASE RIDER This Lease Rider(hereinafter "Lease Rider") is entered into this 1st day of December, 2010, by and among Complete Nutrition Franchising, LLC, a Nebraska limited liability company (hereinafter"Franchisor"), BE Ventures I, Inc, (hereinafter"Tenant"), and City of Eden Prairie (hereinafter"Landlord"). RECITALS A. Franchisor and Tenant are parties to a Complete Nutrition Franchise Agreement dated , 20 ("Franchise Agreement"). B. Landlord and Tenant are parties to a lease (the "Lease") pursuant to which Tenant will occupy premises located at ("Premises") for a Complete Nutrition retail store licensed under the Franchise Agreement. C. Tenant is required under the Franchise Agreement to execute this Lease Rider along with Landlord and Franchisor. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements contained herein, Franchisor, Landlord and Tenant hereby agree as follows: 1. Use of Premises. During the Term of the Lease, unless otherwise agreed by Franchisor, the Premises shall be used only for the operation of a"Complete Nutrition"retail store for the sale of vitamins, mineral supplements, health foods, cosmetics and other beauty products, male and female exercise apparel, exercise, nutrition and relaxation related accessories and such other items as are sold from time to time in the Complete Nutrition stores as more fully defined in the Franchise Agreement ("Store"). 2. Proprietary Marks. Landlord consents to Tenant's use of such proprietary marks ("Proprietary Marks") and signs, interior and exterior decor items, color schemes, plans, specifications and related components of the Complete Nutrition system ("System") as Franchisor may prescribe for the Store. Franchisor shall have the right to enter the Premises to make any modification or alteration necessary to protect the System and Proprietary Marks or to cure any default under the Franchise Agreement or under the Lease, without being guilty of trespass or any other crime or tort, and Landlord shall not be responsible for any expense or damage arising from Franchisor's action in connection therewith. 4. Notice of Default; Franchisor's Right to Cure. Landlord shall furnish Franchisor with copies of all default letters and other notices sent to Tenant pertaining to the Lease and the Premises at the same time that such notices are sent to Tenant. Notwithstanding any contrary provision of the Lease, all notices given by Landlord to Franchisor or to Tenant must be in writing and shall be effectively given if sent by a reputable overnight courier or by United States Mail, postage prepaid, certified or registered, return receipt requested,to Tenant at the address provided for Tenant in the Lease, and to Franchisor at the following address: 1 To Tenant: BE Ventures I, Inc 237 S 70th Street, Suite 217 Omaha,NE To Franchisor: Complete Nutrition Franchising, LLC Attn: Mark Stanek 6610 South 118th Street Omaha,NE 68137 Franchisor shall have the right to change its address to which notices shall thereafter be sent by giving Landlord notice thereof. Should Tenant fail to cure any default asserted by Landlord, including abandonment of the Premises and/or fail to extend or renew the lease, within the time provided herein, Landlord shall notify Franchisor in writing of its intention to terminate the Lease prior to Landlord exercising said right to terminate pursuant to the default provisions herein. Franchisor shall have the right but not the obligation, within thirty (30) days after receipt of such notice, to accept all of Tenant's right, title and interest in and to the Lease and assume and agree to perform all of Tenant's corresponding obligations,terms, covenants, conditions, renewals and agreements under the Lease before Landlord may take such action by reason of such default. However, if the default cannot be reasonably cured within such thirty(30) day period, then Franchisor shall be deemed to have cured the default if Franchisor promptly commences and proceeds to cure the default within such time as is reasonably necessary to so cure. Tenant further agrees that it will not suffer or permit any surrender,termination, amendment or modification of the lease without the prior written consent of Franchisor. Throughout the term of the Franchise Agreement (and any extensions, amendments and renewals thereof), Tenant agrees that it shall exercise all rights and options to extend the term of or renew the Lease (each a "Renewal Option") not less than thirty (30) days prior to the last day upon which such Renewal Option must be exercised, unless Franchisor otherwise agrees in writing. Tenant shall send Franchisor a copy of the notice of exercise concurrently with Franchisor's exercise of each Renewal Option. If Franchisor does not otherwise agree in writing to Tenant's refusal to exercise any Renewal Option, and if Tenant fails to exercise such Renewal Option, Tenant hereby appoints Franchisor as its true and lawful attorney-in-fact to exercise such Renewal Option in the name, place and stead of Tenant for the sole purpose of effecting such extension or renewal, provided that Franchisor shall have no obligation to exercise such Renewal Option. In the event Franchisor does not elect to assume or renew the lease, Landlord shall allow Franchisor to enter the premises at a mutually agreeable time to claim possession of all fixtures, furniture, equipment and inventory in which Franchisor or any of its affiliates have a security interest. 5. Assignment of Lease to Franchisor. Tenant hereby assigns its rights under the Lease to Franchisor at Franchisor's option, and Landlord hereby consents to such assignment provided one of the following conditions shall have occurred: (a) Tenant fails to timely cure a default under the Lease; or(b) Tenant fails to timely cure a default under the Franchise Agreement, or any document or instrument securing or relating to the Franchise Agreement, or the expiration(without renewal) cancellation or termination of the Franchise Agreement by 2 Tenant or Franchisor for any reason other than a default by Franchisor and Franchisor sends written notice to Landlord that Franchisor is exercising its right to accept the assignment of Tenant's rights under the Lease or exercising the Renewal Option; and Franchisor cures Tenant's default, as applicable, within thirty (30) days of written notice of default to Franchisor. Landlord acknowledges that by executing this Rider, Franchisor does not hereby assume any liability with respect to the Premises or any obligation as Tenant under the Lease unless and until Franchisor expressly assumes such liability as described above. Landlord consents to the foregoing conditional assignment of Tenant's right,title and interest in the Lease to Franchisor and the corresponding acceptance thereof and assumption of Tenant's corresponding obligations, terms, covenants, conditions and agreements made under the Lease by Franchisor subject to all the terms, covenants, conditions and agreements set forth herein. 6. Subsequent Transfer by Franchisor. At any time following Franchisor's election to take an assignment of Tenant's rights under the Lease, Franchisor may, on written notice, assign the Lease or sublet the Premises to an affiliate of Franchisor or a franchisee approved by Franchisor, without charge or penalty, so long as such assignee or sublessee meets Landlord's reasonable financial qualifications. Upon an assignment, Franchisor shall be released from any further obligations under the Lease. Landlord agrees to execute commercially reasonable written documentation confirming any such assignment and release. Further, Franchisor is expressly authorized, without the consent of Landlord, to sublet the Premises to an authorized franchisee, provided such subletting is specifically subject to the terms of the Lease and the franchisee expressly assumes all obligations of the Lease. Franchisor agrees to notify Landlord of the name of the franchisee within ten(10) days after such subletting. 7. Tenant Transfers. Tenant may not assign its interest in the Lease, nor sublet all of any portion of the Premises, without Franchisor's written consent. If Franchisor consents to a proposed assignment or subletting by Tenant, no Lease provision shall be enforceable which would otherwise operate to automatically terminate the Lease upon Tenant's request for consent from Landlord to such assignment or subletting. Tenant shall not renew or extend the term thereof without the prior written consent of Franchisor. Landlord and Tenant shall not amend or otherwise modify the Lease in any manner that could materially change any of the foregoing provisions without the prior written consent of Franchisor. Any modification of this Lease Rider requires the prior written consent of Franchisor. 8. Cotenancy. Landlord warrants that, at the commencement of the term of this Lease,the major tenant(s) shall consist of Landlord acknowledges that the openings and continued operation of this/these major tenant(s) has/have served as (a)material inducement(s) for Tenant to execute this Lease. The failure of this/these major tenant(s) to remain open and operation during the term of this Lease shall constitute a material breach of this Lease. In the event that (any of)the major tenant(s) permanently closes and is not replaced by another major tenant with national standing within six (6)months of such permanent closing, Tenant shall have the option, by giving thirty (30) days' written notice to Landlord, to terminate this Lease or remain open and pay the lesser of: (i) fixed minimum rent; or (ii) 5% of its gross receipts for each month, said payment to be made and accompanied by a statement of the Tenant certifying the amount of said gross receipts within 3 1 (6)snonths of such permanent closing,Tenant shall have the option,by giving thirty(30)days' written notice to Landlord,to terminate this Lease or remain open and pay the lesser of:(I)fixed minimum rent;or(ii)5%of its gross receipts for each month,said payment to be made and accompanied by a statement of the Tenant certifying the amount of said gross receipts within twenty(20)days after the end of each month. In the event that Tenant gives notice to the 1 Landlord of its intent to terminate,this Lease shall terminate thirty(30)days after such written notice is received by Landlord. 9. Escape-Level Occupancy, Landlord acknowledges that the character of the Center as a viable Shopping Center has served as a material inducement for Tenant to execute this Lease. Therefore,in the event that 35%or more of the gross leasable area of the center is vacant or less than 85%of the Center is being utilized for retail purposes,Tenant shall have the option by giving thirty(30)days'written notice to Landlord,to terminate this Lease or remain open and pay the lesser of: (i)fixed minimum rent; or(ii) 5%of its gross receipts for each month,said payment to be made and accompanied by a statement of the Tenant certifying the amount of said gross receipts within twenty(20)days after the end of each month. In the event that Tenant gives notice to the Landlord of its intent to terminate,this Lease shall terminate thirty (30)days after such written notice is received by Landlord. 10. Third Party Beneficiary. Landlord acknowledges that Franchisor is not a party to the Lease. However,Franchisor is intended to be a third party beneficiary of the Lease with an independent right to enforce its terms against Landlord and Tenants. Landlord and Tenant hereby waive any claim that Franchisor has no right to enforce the Lease or this Lease Rider. 11. Rider Controls. The terms of this Lease Rider shall supersede any conflicting terms of the Lease. IN WITNESS WHEREOF,Franchisor,Landlord and Tenant have executed this Lease Rider as of the date and year first written above. LANDLORD: TEN711/(ZT.ii By: _ By: 2 01��2S Title: _ Title: V/ , /T S j roc.. Date: Date: /a/I.Ad FRANCHISOR: Complete Nutrition,Inc.. . ,. , . .- By: 'r 2/, ______-, Title: !c f Date: ;i. 1/ 4 x DE SIGN TYPE, • CIMTEWOT DETTLIP P IEOM/DISPLAYs ❑CHANNEL LErrERS Q4eM LU31O1NQL DIET CNNNELJTTLIE SWOOSH WILL HAVE ^ gx�ro r san ❑snit po. s10r1 A 17'-0• I • AELXLTV4OI O READO FASCIA \! ClIATA PAr9,T SKIN ❑DRECTOCINY - 1J FOR SUPPORT ❑?xnCEWEE READER X,SAAS.ELL.MPLATE 1 PRu T cT TYPE #2119 ORANGE PLEXIGLAS I7Ew;,Olrsrsucfioee FACES IL JI pp — REMODELING TENANT CHANGES 1,[Te Flya�r �. gill . LANDLORD*APROVEIENTS h 1.r le , CORPORATE CJIANGES o1 0 0 •.cxn.c•Au ill MI. his.AME.sig nis InExratlTr to be ..- installed N completonutrition C71 •'a Thla sign b Intended to W InWINd In eccordence with the • """ vaccn MARv requirements a Article SOO of the _-t HIV' - cw National Electric Code endtor other sppllcsbls locel codes.This ,y Includes proper grounding and SCALE:s_" 1'-0" „Aa.._,.e No.„ bonding of the sign. RACEWAY MOUNTED CHANNELLETTERS; - I FABRICATED FROM.040 BLACK PRE-FINISHED ALUMINUM RETURNS ATTACHED NOTICE: TO.063 ALUMINUM BACKS.FACES ARE TO BE 3/16"WHITE PLEXIGLAS WITH ALL FINAL CONNECTIONS TO BE MADE BY .1.,-,F..„,,,, „.„,,m.„„,, , 1"BLACK TRIM-CAP ADHERED TO PERIMETER OF LETTERS.INTERNAL ILLUMINATION ON SITE ELECTRICIAN ONLY. et re-P.-'..Of AUTHCTRAD cLEM AS OF WITH WHITE LED LIGHTING SYSTEM.LETTERS ARE TO BE MOUNTED TO AN EXTRUDED nww O ANT FARRiCATIoN MOTT�IoN O EPR AND DATED . ALUMINUM RACEWAY PAINTED TO MATCH CUSTOMER FASCIA.SIGNAGE IS TO BE „ �TS FINNNAL COMPANY W APPROVAL MOUNTED TO FASCIA USING PROPER HARDWARE AND FASTENERS(NON-CORROSIVE). "°"° °in FIELD SURVEY REQUIRED PRIOR TO FABRICATION- .s. ,,,... 1, ___; I etc n utritinn° s • COM - t (_ 1 la - L Q) ca 1i s° Q V ge C a °u° C O iiii DRAWING N. 63E57 T -!M W-ig M} DISK Y. 113 - SALES DEPT. Mdpe NNeel.on- DRAWN BY: Seam VOPi[L[l[} - - —�._ - - -_ -,- - ..ae��..++ - SCW- AT WWI. INSPTC7 LD 6Y'. _. - •- - �.. Derv- motto Revived: PHOT TO SCALE.-- • 1:1SS LN Trvt T ❑FRENOR ❑ERTIMIOR LLON DIt/LAYS ❑CNWNEL LETTERS DsCNILI.JMSOWSE❑REY.OWNS.LETRRs 4'-10" 18' Dula POLE SON ❑SINGLE POLE SON ■ •DMOIL■IESST SO/4 ❑DEECOIN. ❑DVAGE RE READER SOMN Ell asrlAYS PFIth1ED7 7Y11 NSW GONST%I1VIAL REMODELING es TENANT CNANOES " UOGLORD■APROVESENTs - CORPORATEGE9 Completenutrition A1.!,NO4hI11y 16 EXCOPAG SRNAGE This sign is Intended to be Installed In accordance with the • requirements of Article 600 of the _________n National Electric Code andlor v other applicable local codes.This includes proper grounding and bonding of the sign. ALL FINAL CONNECTIONS TO BE MADE BY NOTICE: — ON SITE ELECTRICIAN ONLY. AAL[MAW:nL 1•[d.Ctt„A AM ILI1t4C1P0 ■Y NM.`Y.&.P Au,I.1 Jn4I Gary,IL Cu APPROVAL■Y THE LAID■R■ZONED AND DATED _ P RIpITO AMP AARRCATIONCs PROCLJCT. - — - .•——- — — OMANA NEON■IONCCNPANY INC NOLD■ALL AC/E6ENT■FINAL NOW MART APPROVAL S ow ON - - - Um RR.. do —T 1111111111 B ° SCALE''6":V-0" c DIE SIGN CABINET: ',I t f.,'" d FABRICATED FROM BLACK PRE-FINISHED ALUMINUM OVER AN V ■� INTERNAL ANGLE IRON FRAME.RETAINERS ARE TO BE BLACK L PRE-FINISHED ALUMINUM.FACES ARE TO BE WHITE COOLE Y 'g z FLEXIBLE SIGN SUBSTRATE WITH 3M VINYL GRAPHICS APPLIED DENN I ! TO THE FIRST SURFACE(AS NOTED).INTERNAL ILLUMINATION CO g - w WITH CW/HO FLOURESCENT LAMPS.CABINET IS TO BE MOUNTED Fp RAMIE TO AN EXISTING DUAL POLE STRUCTURE. 2 8 - FIELD VERIFICATION REQUIRED Li p co 2 6 a €e Pantone 534 C Elc100 m90 y30 k5 F g \:!! k c YI�:'f''r"•IriIIf1I1pD Rs)4 v Pantone 173 C ■ CO mOY y100 Ito 4,, .r 6 a w DRAWING P. 69082 DISK P. 1T3 SALES DEPT ARCye Nelson - • - DRAWN EW -jop - ._ - ...w.. Sens As NORM INSPECTED BY. Derr TT 04-10 Revised: PHOTO IS NOT TO SCALE. 4 EXHIBIT A f+ (Page 1 of 2) • I HOLLYWOOD VIDEO DE6IGN INTENT ARAWINGS FOR ThE CITY OF: 1 } ED N ERA RI .MN#D237&3 I ES11MATEfl OM DATE: WA ] FLOOR PLAN I I Mal J4� wn= sr +xr ff • r . . Mi 'r L. SQFF E. r- 1 . '1,7s8 DQ SQ FT lb 'SI _?d,. • 1 I I 116\11 I` ....1 IIIC roarouuarw.wmw�c= ^I N�'n7doD6'niDAtE4IEuVE TRW$Y:CJG 1 r.,rcrrLLaomcrcn M Il 1J r wa wucmxeP+s �rmu PRI GNAL .. ° ••=v ��-*-oaf" rwwe.n+ �_ 0237E3 3 AMER TTOLRASs-DOWNS>28 Wm Prairie in BACK ROOM 11o3J zo o d lop o El RETAIL of 1 I:1 d �7 !-^ F- b — S V III M 5 DO (V Ch In r D © p Ib °)II RETAIL in 101 1107 SO.FT 0 U 2lUi, C? I 41 1 I ft f0 M �-�+ C7 21-0" CLIENT: PRODUCT NAME APPROVED FOR NOTE CONSTRUCTION ALL CONTENTHEHE AMC Inc nn..rcn 1 r..r COMPLETE NUTRITION MNMINNERPOLIS A•EDEN PRAIRIE•CONCEPillP1PLAN sign: CoAABcOD CU'EYORSTRA REPRODUCTION SAIOMNTSWITHOUT "SYMPATECO INC. WRITTEN PERMISSION WILL BE PROSECUTION IN DESIGNER: DRAWN BY: DATE: REV'D: Date: ACCORDANCE WITH COPYRIGHT LAWS CONSTRUCTION JENNA WILEY JENNA WILEY 11/23/10 11/24/10 ` CITY COUNCIL AGENDA DATE: December 7, 2010 SECTION: Report of the City Attorney ITEM DESCRIPTION: DEPARTMENT/DIVISION: Memorandum of Understanding ITEM NO.: XIV.H.1. City Attorney Regarding Certain Development Projects At Flying Cloud Airport Requested Action Move to: Approve Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud with Metropolitan Airports Commission Synopsis In connection with the negotiations for extension and expansion of the lease for the Flying Cloud athletic fields MAC requested that the City enter into a memorandum of understanding setting forth the basis on which MAC would undertake commercial or office development of portions of its property at the Flying Cloud Airport. The attached Memorandum of Understanding Regarding Certain Development Projects at Flying Cloud Airport (MOU) is the result of extensive negations between the parties. Background Information MAC and the City have historically disagreed on whether the City has zoning authority over non- aeronautical related land uses and development projects at Flying Cloud Airport. In an effort to resolve that dispute and address both MAC's desire to develop certain parcels and the City's desire to retain its authority to review and approve development projects,an MOU has been negotiated that sets forth a procedure by which non-aeronautical development projects would be reviewed by the City pursuant to the statutory public process. The MOU provides a process for City pre-zoning of certain parcels MAC may wish to develop for commercial or office non-aeronautical uses. The MOU envisions an amendment to Chapter 11 of the City Code, the Zoning Code, following the regular public process of a hearing before both the Planning Commission and the City Council. The amendment provides for the zoning of eight parcels as either Airport — Office or Airport — Commercial.If the parcels identified are rezoned in accordance with the MOU,each parcel would be subject to Chapter 11's performance standards and the public process for site plan review. Adoption of the MOU does not commit the City to approving the zoning amendment. Attachment Memorandum of Understanding Chart of Public Improvements by Parcel Parcel Road Improvements Sewer and Water Improvements 1 Eden Prairie Road. Sewer and Water is available. Previously MAC pays fair share paid by a developer 2 EP Road partially.* Sewer and Water is available in EP improved here. MAC Road* pays for its side of road 3. MAC pays share of Sewer and Water is available in Mitchell upgrade for Mitchell Road. Service connection needed.**. Road 4 Pioneer Trail (#1) is Sewer and Water is available. MAC paid improved its share already on this. Service connection possibly needed. 5 Pioneer Trail (city street) Possible need only a service connection needs improvement. for sewer and water.** MAC pays fair share 6 Street extension at MAC Sewer and Water extensions necessary costs 7 Street is improved. Sewer and Water extensions necessary 8 Charlson Road improved- Sewer and Water available. Previously paid by developer. paid by a developer Parcels 1, 3, and 5 all have other benefitting property owners who would share in cost of road improvements. Parcel 2 shares roadway with City and cost would be shared between City and MAC. All parcels subject to storm water requirements All parcels subject to Trunk Sewer and Water acreage assessments and SAC/WAC charges at prevailing rates. Parcels 3 and 5 may require a trail. * MAC pays pro rate share. It might be done as a connection fee charge. ** Connection fee under city code. MEMORANDUM OF UNDERSTANDING REGARDING CERTAIN DEVELOPMENT PROJECTS AT FLYING CLOUD AIRPORT This Memorandum of Understanding ("MOU") is entered into as of the 7th day of December, 2010 between the City of Eden Prairie ("City") and the Metropolitan Airports Commission ("MAC") to establish a mutually agreeable procedure for certain development projects at Flying Cloud Airport. In exchange for all of the commitments in this MOU, MAC and City agree as follows: A. Definition of Development Project. For purposes of this MOU, the term "Development Project" means any development project at Flying Cloud Airport, except any Aeronautical Development Project. An Aeronautical Development Project is any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo.) B. Procedure for Development Projects. The following shall apply to all Development Projects: 1. MAC has identified certain properties currently available for a Development Project, which properties are set forth on Exhibit A attached hereto and hereinafter referred to as "the Development Parcel(s)." By mutual written agreement, City and MAC may agree to add additional properties to Exhibit A in the future, which properties shall then be considered by City Council for rezoning to either Airport - Commercial or Airport— Office as specified by MAC and consistent with the terms and conditions of this MOU and the procedures set forth below. 2. Each Development Parcel is guided in City's Comprehensive Guide Plan as "Airport." A Development Project occurring on a Development Parcel is consistent with, and will not require modification of the City's Comprehensive Plan. 3. City and MAC desire to agree upon a process by which Development Projects will proceed on Development Parcels. MAC does not agree that City possesses jurisdiction or legal authority to zone the Development Parcels. City maintains that it has the authority to zone non-aeronautical uses on the Development Parcels. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to this dispute, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any such rights, remedies, claims, defenses or arguments by either party. 4. City proposes to bring forth for City Council consideration an amendment to Chapter 11 of the Eden Prairie City Code that establishes new zoning districts for that portion of the City of Eden Prairie guided as Airport in City's Comprehensive Guide Plan (hereinafter referred to as the "New Zoning Districts Amendment"). The new zoning districts are proposed as follows: (1.) Airport - Commercial ("A-C") and (2.) Airport - Office ("A- OFC"). A copy of a proposed ordinance adopting the New Zoning District Amendment is attached as Exhibit C hereto. 5. If the New Zoning District Amendment is adopted, City intends to initiate the process by which it will consider the re-zoning of each Development Parcel to the zone identified on Exhibit B. Written notice of the proposed re-zoning will be provided by City to property owners as required by state law. State law currently requires notice to owners of property within 350 feet of a site proposed for zoning. 6. If City re-zones each Development Parcel as set forth on Exhibit B, MAC agrees not to object to City's assertion of itsalleged zoning authority to the extent set forth in this MOU. 7. If the Development Parcels are re-zoned as identified on Exhibit B, the site plan and architectural design review process set forth in City Code Section 11.03, Subd 6 will be followed with respect to any specific Development Project that is proposed to occur on a Development Parcel. An applicant may apply to City for a waiver, amendment, alteration, or variance of any applicable Airport — Commercial or Airport — Office zoning district requirement. No site plan or architectural design review or approval shall be required for an aeronautical use or Aeronautical Development Project on a Development Parcel. 8. City will cooperate with MAC and project developers on provisions for sewer and water services, storm water retention requirements and necessary curb cuts to public streets for development of Development Parcels. Except for improvements made to Development Parcel 3 MAC will pay its share of actual costs for sewer and water services, storm water retention requirements and necessary curb cuts made for a Development Project on a Development Parcel, including engineering, escrow, or permit costs, pursuant to the City's standard policies and subject to any and all rights MAC may have under state law. City and MAC hereby reserve all rights, remedies, claims, defenses or arguments that each party may possess with respect to costs incurred by City for any improvements that are not related to a Development Project, and nothing in this MOU shall be construed as a waiver, compromise or relinquishment of any rights, remedies, claims, defenses or arguments by either party with respect to any special assessment levied by City against the Development Parcels. As to Development Parcel 3 City and MAC agree to apportionment of the costs as set forth on Exhibit D hereto. C. Effectiveness and Termination. This MOU shall be binding upon the parties only if City adopts the New Zoning District Amendment and re-zones the Development Parcels in accordance with Exhibit B. Either party may terminate this MOU immediately at any time upon written notice to the other party as set forth in Section D hereof. MAC's obligations to pay for costs incurred by City pursuant to Section B(8)hereof shall survive termination of this MOU. Notice of termination under this Section shall not be subject to the dispute resolution procedures set forth in Section E hereof. D. Notice. Wherever any notice or other communication is required or permitted hereunder, such notice or other communication shall be in writing and shall be delivered by hand, by nationally-recognized overnight express delivery service, by U.S. registered or certified mail (return receipt requested, postage prepaid), or by electronic "fax"transfer(conditioned on prompt telephone confirmation, with copy to follow by regular mail) to the addresses set out below or at such other addresses as are specified by written notice delivered in accordance herewith: CITY: City of Eden Prairie Attn: City Manager 8080 Mitchell Road Eden Prairie, MN 55436 Telephone: (952) 949-8410 Fax: (952) 949-8589 MAC: Metropolitan Airports Commission Attn: General Counsel 6040 28th Avenue. South Minneapolis, MN 55450 Telephone: (612) 726-8100 Fax: (612) 726-5306 Such notices shall be deemed received(a) as of the date of delivery, if delivered by hand by 4:00 p.m. Central on a business day, (b) as of the next business day, if tendered to an overnight express delivery service by the applicable deadline for overnight service, (c) as of the third business day after mailing, if sent by regular mail, or(d) as of the date of fax transmission, if properly transmitted by fax prior to 2:00 p.m. Central (if transmitted after said time, any such fax transmission shall be deemed received as of the next business day). E. Dispute Resolution. 1. Notice of Default. At no time shall City or MAC be deemed to be in default under, or in breach of, this MOU unless and until the other party has provided written notice to the other specifying such alleged breach or default ("Notice of Default") and such alleged breach or default has not been cured as provided in Paragraph E. 2. below. 2. Right to Cure Default. The party who has received a Notice of Default shall have thirty (30) days in which to cure the alleged breach or default and provide notice to the other party that such alleged breach or default has been cured. 3. Informal Dispute Resolution. Immediately after receipt of a Notice of Default, the Executive Director of MAC and the City Manager of Eden Prairie shall meet and attempt to resolve the matter. 4. Formal Mediation. If the parties fail to resolve the matter informally under Paragraph E. 3 within thirty (30) days, the parties shall submit their dispute to a mediator. The parties shall have ten (10) days to select a mediator. If the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the rules generally used by the mediator in the mediator's practice, provided that the entire mediation process be concluded within 30 days of appointment of the mediator, or within such other time as the parties may agree in writing. If the mediation process fails to resolve the matter, both informal and formal dispute resolution shall be deemed to be complete. 5. Costs of Alternative Dispute Resolution. Each party shall bear its own costs of the informal dispute resolution process and formal mediation process described above. The parties shall share equally the fees and expenses of the mediator. 6. Dispute Resolution Process Mandatory. No action shall be commenced in any court to enforce or otherwise apply, interpret, or seek cure for a breach of, this Agreement, excluding an action requesting preliminary or temporary relief, before the completion of the informal and formal dispute resolution process set forth in this Paragraph E. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution process in any subsequent judicial or administrative proceeding. The dispute resolution provisions set forth in this Paragraph E shall apply only to MAC and City, and shall not apply to any successor in interest to either Party. 7. Confidentiality. The alternative dispute resolution process described in this Paragraph E constitutes compromise negotiation for purposes of applicable rules of evidence. Information prepared for or disclosed during the alternative dispute resolution process shall be inadmissible in evidence pursuant to Rule 408 of the Federal Rules of Evidence or Rule 408 of the Minnesota Rules of Evidence, and shall be withheld from disclosure to the maximum extent permissible under the Minnesota Government Data Practices Act and other applicable laws. 8. Waiver of Rights. The failure of either party to object to or to take affirmative action with respect to, any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of such violation or breach, or of any future violation, breach or wrongful conduct. Subsequent acceptance of performance under this Agreement by City or MAC shall not be deemed to be a waiver of any preceding breach by the other Party of the terms of this Agreement, regardless of City's or MAC's knowledge of such preceding breach at the time of acceptance of performance. No waiver or relinquishment of a right or power under this Agreement shall be deemed a waiver of such right or power at any other time, nor shall any failure of either party to require or exact full and complete compliance with any of the covenants or conditions of this Agreement be construed as changing in any manner the terms hereof or preventing either party from enforcing the full provisions hereof. IN WITNESS WHEREOF, MAC and City have signed on the date(s) indicated below, intending to be bound thereby. METROPOLITAN AIRPORTS COMMISSION CITY OF EDEN PRAIRIE: By: By: Name: Name: Phil Young Title: Title: Mayor Date: Date: By: Name: Jay Lotthammer Title: Interim City Manager Date: State of Minnesota County of This instrument was acknowledged before me on the day of ,2010 by as the authorized representative of the Metropolitan Airports Commission. (Notary Seal) Signature of Notarial Officer Title(and Rank) My commission expires: State of Minnesota County of Hennepin This instrument was acknowledged before me on the 7th day of December, 2010 by Phil Young and Jay Lotthammer,the Mayor and Interim City Manager respectively of the City of Eden Prairie. (Notary Seal) Signature of Notarial Officer City Clerk Title My commission expires: January 31, 2010 EXHIBIT A DEVELOPMENT PARCELS [TO BE COMPLETED FOR EACH DEVELOPMENT PARCEL] Parcel 1 21.57 acres: Insert legal Parcel 2 38.98 acres: Insert legal Parcel 3 4.28 acres: Insert legal Parcel 4 4.16 acres: Insert legal Parcel 5 1.13 acres: Insert legal Parcel 6 18.59 acres: Insert legal Parcel 7 0.22 acres: Insert legal Parcel 8 3.82 acres: Insert legal EXHIBIT B PARCEL: PROPOSED RE-ZONING OF DEVELOPMENT PARCELS Parcel 1: A-OFC Parcel 2: A-OFC Parcel 3: A-C Parcel 4: A-C Parcel 5: A-C Parcel 6: A-OFC Parcel 7: A-C Parcel 8: A-OFC EXHIBIT C 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 ADDING SECTION 11.28 RELATING TO THE CREATION OF AN AIRPORT — COMMERCIAL DISTRICT; ADDING SECTION 11.29 RELATING TO THE CREATION OF AN AIRPORT - OFFICE ZONING DISTRICT; AMENDING CITY CODE SECTION 11.03, SUBDIVISION 1.A. TO ADD THE AIRPORT DISTRICTS TO THE TABLE OF DISTRICTS; AMENDING CITY CODE SECTION 11.03, SUBDIVSION 2.A. TO ADD CRITERIA FOR CERTAIN USES IN THE AIRPORT COMMERCIAL AND AIRPORT- OFFICE ZONING DISTRICTS; 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, Subd. 1.A. is amended by adding the following districts to the table: DISTRICT TITLE ABBREVIATION Airport—Office A- OFC Airport—Commercial A - C Section 2. City Code Chapter 11, Section 11.03, Subd. 2.A. is amended by adding 11.03 Subd. 2.A.14. as follows: In the A-C District, in the case of a gasoline/convenience store, the following criteria shall apply: (a) All buildings and pump canopies should have peaked roofs and relate architecturally in scale,proportion, materials and detail, and color with the building. (b) Pump canopies shall be connected with the primary store structure. Pump canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a flat finish. (c) All site walls, screen walls and pump island canopies should be architecturally integrated with the building with similar materials, colors, and detailing. (d) Average horizontal luminance at grade shall not exceed 10 foot-candles, with individual lamps not to exceed 250 watts. The fascias of the canopy should extend at least 12 inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting shall be used under the canopy. Average horizontal luminance at grade at the property line shall not exceed 0.5 foot-candles. (e) Service areas, storage areas and refuse enclosures shall be screened from public view, adjacent streets and residential areas (f) A landscape buffer shall be required to provide screening from adjacent residential uses. Section 3. City Code Chapter 11 is amended by adding Section 11.28 which shall read as follows: SECTION 11.28. AIRPORT C—COMMERCIAL DISTRICT Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A- C) are to: (1) Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments; (2) Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other; (3) Provide space for community facilities and institutions that appropriately may be located in commercial areas; (4) Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic, fire, explosion, noxious fumes, and other hazards. Subd. 2. Permitted Uses in Airport—Commercial District. A. All direct retail sales to users of goods and services conducted within structures and accessory uses, including related or supporting office and distribution uses. B. Public facilities and services. Subd. 3. Required Conditions for Airport Commercial. A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport— Commercial shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 3. City Code Chapter 11 is amended by adding Section 11.29 which shall read as follows: SECTION 11.29. AIRPORT—OFFICE DISTRICT Subd. 1. Purposes of Airport - Office. The purposes of the Airport - Office District (A-OFC) are to: (1) Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts; (2) Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices; (3) Provide adequate space to meet the needs of modern offices, including off-street parking of automobiles and, where appropriate, off-street loading of trucks; (4) Provide space for semi-public facilities and institutions appropriately may be located in office districts; (5) Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and, (6) Protect offices from the noise, disturbance, traffic hazards, safety hazards, and other objectionable influences incidental to certain commercial uses. Subd. 2. Permitted Uses in Airport—Office District. A. Business and professional offices and accessory uses. B. Supporting commercial sales and services to office users within large office structures of 30,000 square feet or more. The Commercial use is not to exceed fifteen percent, (15%), of the gross Floor Area Ratio. C. Public Facilities and Services. Subd. 3. Required Conditions of Airport- Office. A. All professional pursuits and businesses shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas. B. Acceptable, approved sanitary sewer service must be provided to all occupied structures. Subd. 4. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject to the terms or conditions of the City Code. Subd. 5. Restrictions. In addition to the requirements set forth in this Section, construction of any building or structure situated within Airport — Commercial or Airport - Office District shall comply with all federal and state statutes, regulations, rules, laws, restrictions, guidance, and directives and Metropolitan Airports Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud Airport and runway protection zones. Section 6. City Code Chapter 11 is amended by adding Section 11.02, 73 which shall read as follows: 74. "Aeronautical Uses and Aernautical Development Project" - Any airfield project, hangar project, FBO development project, FBO facility development project, airport roads or fencing, or other facilities or improvements at the Flying Cloud Airport that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe, or that are directly and substantially related to the movement of passengers, baggage, mail and cargo. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 20 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 20_. Kathleen Porta, City Clerk , Mayor PUBLISHED in the Eden Prairie News on the day of , 20_. P:\Home\1610.031-MAC Airport Zoning&Expansion\Documents\MOU-Development\2010 12 02 MOU Draft-Clean by rfr.DOC