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HomeMy WebLinkAboutCity Council - 01/18/2011 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 18, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, 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 I. COUNCIL DISCUSSION OF BUDGET ADVISORY COMMISSION WORK PLAN Council Chamber II. OPEN PODIUM 1. Scott Carlston — Issues Relating to School Boundaries III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 18, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, 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. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING,JR., PROCLAMATION B. GFOA CERTIFICATE FOR ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 4, 2011 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 4, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek Watershed District. Second Reading of Ordinance to Add Governmental Uses as a Permitted Use in the Public District, Second Reading of the Ordinance for Planned Unit Development District Review on 5.32 acres and Zoning District Change from R1-22 to Public on 5.32 acres, Resolution for Site Plan Review on 5.32 acres. (Ordinance to Add Governmental Uses as Permitted Use; Ordinance for PUD District Review and Zoning District Change; Resolution for Site Plan Review) CITY COUNCIL AGENDA January 18, 2011 Page 2 C. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT NO. A12099 WITH HENNEPIN CO. FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES D. ADOPT RESOLUTION APPROVING EXECUTION OF EASEMENT AGREEMENT WITH REALITY INCOME PROPERTIES 3,LLC E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC, FOR DESIGN OF VALLEY VIEW ROAD /PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR CONSTRUCTION OF THE "SHELL SPACE" FOR COMPLETE NUTRITION AND A NEW COMMON AREA IN DEN ROAD LIQUOR STORE G. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN H. APPROVE AMENDMENT TO FIRE RELIEF ASSOCIATION BYLAWS I. ADOPT RESOLUTION ADVISING THE BOARD OF HENNEPIN COUNTY COMMISSIONERS REGARDING THE DISPOSAL OF A TAX FORFEITED LAND WITHIN EDEN PRAIRIE IX. PUBLIC HEARINGS/MEETINGS A. EDEN POINTE PARKING LOT EXPANSION by Liberty Property Limited Partnership Request for Planned Unit Development Concept Amendment on 5.82 acres, Zoning District change from Regional Commercial to I-2 on 2.98 acres, Site Plan Review on 5.82 acres and Preliminary Plat of 5.82 acres into one lot and one outlot. Location: 7300 & 7400 Flying Cloud Drive. (Resolution for PUD Concept Amendment, Ordinance for Zoning District Change and Resolution for Preliminary Plat) B. RESOLUTION RELATING TO MULTIFAMILY HOUSING REVENUE BONDS (ROLLING HILLS PROJECT) SUBORDINATE SERIES 2001C AND 2001E; AUTHORIZING REISSUANCE THEREOF AND EXECUTION AND DELIVERY OF FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL AGENDA January 18, 2011 Page 3 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Set Date for City Manager Final Interviews C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: January 14, 2010 TO: Mayor and City Council FROM: Jay Lotthammer, Interim City Manager RE: City Council Meeting for Tuesday, January 18, 1011 TUESDAY,JANUARY 18, 2011 7:00 PM, COUNCIL CHAMBER I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. DR. MARTIN LUTHER KING, JR., PROCLAMATION A member of the Human Rights & Diversity Commission will be present for the reading of the proclamation and to announce the opening of the application process for the Human Rights Awards. B. GFOA CERTIFICATE FOR ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Members of the Finance staff will be on hand to accept the certificate. 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, JANUARY 4, 2011 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 4, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA January 18,2011 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-I on the Consent Calendar. A. CLERK'S LICENSE LIST B. NINE MILE CREEK WATER RESOURCE CENTER by Nine Mile Creek Watershed District. Second Reading of Ordinance to Add Governmental Uses as a Permitted Use in the Public District, Second Reading of the Ordinance for Planned Unit Development District Review on 5.32 acres and Zoning District Change from R1-22 to Public on 5.32 acres, Resolution for Site Plan Review on 5.32 acres. (Ordinance to Add Governmental Uses as Permitted Use; Ordinance for PUD District Review and Zoning District Change; Resolution for Site Plan Review) C. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT NO.A12099 WITH HENNEPIN CO. FOR PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES D. ADOPT RESOLUTION APPROVING EXECUTION OF EASEMENT AGREEMENT WITH REALITY INCOME PROPERTIES 3, LLC E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES, INC, FOR DESIGN OF VALLEY VIEW ROAD /PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR CONSTRUCTION OF THE "SHELL SPACE" FOR COMPLETE NUTRITION AND A NEW COMMON AREA IN DEN ROAD LIQUOR STORE G. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN H. APPROVE AMENDMENT TO FIRE RELIEF ASSOCIATION BYLAWS I. ADOPT RESOLUTION ADVISING THE BOARD OF HENNEPIN COUNTY COMMISSIONERS REGARDING THE DISPOSAL OF A TAX FORFEITED LAND WITHIN EDEN PRAIRIE IX. PUBLIC HEARINGS/MEETINGS A. EDEN POINTE PARKING LOT EXPANSION by Liberty Property Limited Partnership Request for Planned Unit Development Concept Amendment on 5.82 acres, Zoning District change from Regional Commercial to I-2 on 2.98 acres, Site Plan Review on 5.82 acres and Preliminary Plat of 5.82 acres into one lot and one outlot. Location: 7300 & 7400 Flying Cloud Drive. (Resolution for PUD Concept Amendment, Ordinance for Zoning District Change and Resolution for Preliminary Plat) ANNOTATED AGENDA January 18,2011 Page 3 Official notice of this public hearing was published in the January 6 2011,Eden Prairie News and sent to seven property owners. Synopsis: This project is an expansion of the parking lot for the existing building at 7400 Flying Cloud Drive by combining the adjacent property to the north. The Metropolitan Council's Locally Preferred Alignment for the Southwest Transitway will directly impact both parcels included in the development proposal. The existing building was granted a waiver to allow more than 50% office use. The parking requirement for the 32,800 square foot building, based on 57% office and 43% warehouse use, is 101 parking stalls. The plan meets this requirement. The developer wants to provide additional parking to allow for greater flexibility for leasing to a potential tenant. The approved 1984 PUD concept plan shows a 40,000 sq. ft. office building on the adjacent north property. The proposed amendment is to use the property for additional parking. The proposed plan shows the construction of an additional 90 parking stalls meeting code. In May 2010 the Locally Preferred Alternative (LPA) alignment for the Southwest Transitway was formally adopted by the Met Council. This alignment, which is also known as Alignment 3A, is shown on Exhibit A. A more detailed map of the proposed alignment in the vicinity Eden Pointe project is shown in Exhibit B. As currently proposed the Southwest Transitway alignment will directly impact both parcels included in the development proposal. The impacts could result in a partial or full property taking to accommodate the Southwest Transitway project. The Developer has been informed of this potential future impact to their property. In addition, the development plans have been forwarded to both the Met Council and the HCRRA. As of this time we have not received comment from either agency on the proposed development. The 120-Day Review Period Expires on March 11, 2011. The Planning Commission voted 4-0 to recommend approval of the project at the December 13, 2010 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Amendment on 5.82 acres; and • Approve 1st Reading of the Ordinance for Zoning District Change from Regional Commercial to 1-2 on 2.98 acres; and • Adopt the Resolution for Preliminary Plat of 5.82 acres into one lot and one outlot; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. ANNOTATED AGENDA January 18,2011 Page 4 B. RESOLUTION RELATING TO MULTIFAMILY HOUSING REVENUE BONDS (ROLLING HILLS PROJECT) SUBORDINATE SERIES 2001C AND 2001E; AUTHORIZING REISSUANCE THEREOF AND EXECUTION AND DELIVERY OF FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST Official notice of this public hearing was published in the December 30, 2010,Eden Prairie News. Synopsis: The Borrower has indicated a desire to amend the Subordinate Indenture of Trust(the "Indenture") dated as of August 1, 2001, between the City of Eden Prairie and U.S. Bank National Association, as trustee (the "Trustee"). The changes have no financial impact to the City and the bondholders have consented to the change. The changes no longer provide for early payments on principle but rather defer payments to the due date on the bond payment schedule. Because the amendment effected by the Supplemental Indenture has the effect of materially deferring payment of the Series 2001E Bonds within the meaning of the Internal Revenue Code of 1986, as amended and applicable Treasury Regulations, the Series 2001E Bonds will be considered"reissued." Since the Series 2001C Bonds were issued as part of a single issue for tax purposes and are also being paid on an alternate schedule (with the final payment in April, 2011), they will also be reissuing the Bonds on a tax-exempt basis that requires the holding of a public hearing, approval by the City and filing of a new IRS Form 8038. MOTION: Move to: • Close the public hearing; and • Adopt a resolution relating to multifamily housing Revenue Bonds (Rolling Hills Project) Subordinate Series 2001C and 2001E; Authorizing the Reissuance Thereof and the Execution and Delivery of a First Supplemental Subordinate Indenture of Trust X. PAYMENT OF CLAIMS MOTION: Move approval of the Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA January 18,2011 Page 5 B. REPORT OF CITY MANAGER 1. Set Date for City Manager Final Interviews Synopsis: The City Council interviewed the six finalists for City Manager on Saturday, January 8. They chose three candidates (Rick Getschow, Steve Mielke and Ryan Schroeder) to move forward in the interview process. The candidates will meet with staff and community leader panels on January 19 and will attend a public open house on January 20 at 3:30 in the Cambria Room at the Community Center. The City Council has indicated they would like to conduct the final interviews on Thursday, February 3. MOTION: Move to set February 3, 2011, as the date for the City Council to conduct final interviews of the City Manager candidates. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. Proclamation City of Eden Prairie Hennepin County, Minnesota WHEREAS,the City of Eden Prairie's City Council and Human Rights &Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and WHEREAS,the City of Eden Prairie recognizes that Dr. Martin Luther King,Jr.,had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and WHEREAS,the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. NOW,THEREFORE,be it resolved,that the City of Eden Prairie hereby proclaims 2011 as a year to celebrate human rights and diversity,and asks all residents to continue their commitment and concern for equal rights for all persons,to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.'s dream. ..4_/t4,, .*/e4,,,,‘_,/ Nancy Tyra-Lukens City of Eden Prairie ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 4, 2011 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, 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 I. PHOTOGRAPH SESSION II. DINNER BREAK III. COUNCIL DISCUSSION OF 2011 WORK PLAN Interim City Manager Jay Lotthammer handed out a draft schedule of council workshops and council meeting presentations for the City Council's review. Lotthammer said the January 18 workshop has been set aside for the City Council to discuss the direction they wish the Budget Advisory Commission to take over the next year. Council Member Aho asked if it would be appropriate to have a Joint Airport Zoning Board presentation at the workshop on March 1, which is a joint meeting with the Flying Cloud Airport Advisory Commission. City Attorney Ric Rosow explained when and why the Joint Airport Zoning Board was formed and reviewed their work over the past year, to bring new Mayor Tyra-Lukens and Council Member Butcher up to speed. Council Member Nelson said she would like the green initiatives topic to be a separate workshop, rather than sharing a meeting with the Flying Cloud Airport Advisory Commission. Community Development Director Jeremiah said the green initiative topic revolves around a MNDOT parcel remnant that staff is considering using for a"green neighborhood" initiative. Nelson also said that November would be too late for the Council to benefit from a Joint Workshop with the Budget Advisory Commission. She thought August would be better. Council Workshop Minutes January 4, 2011 Page 2 Council Member Case suggested inviting the Heritage Preservation Commission to the workshop with the Eden Prairie Historical Society. Council Member Aho suggested adding the 494/169 interchange project as a workshop or council presentation topic. Council Member Case said Comcast's cable franchise agreement is coming up for renewal, so it would be appropriate to devote a workshop to the topic. Mayor Tyra-Lukens said she is very much in favor of holding a joint workshop with the Eden Prairie School Board. Mayor Tyra-Lukens also said she would like to start working on scheduling a council planning retreat,preferably in February. Council Member Case said he likes the way the Council used to do planning retreats back in the 90s, from Friday evening through Saturday. Case said an article by Jim Miller of the League of Minnesota Cities indicates that virtually all Minnesota cities will run out of money within 15 years. He would like this topic to be addressed at the retreat. Interim City Manager Jay Lotthammer said he is working with Finance Manager Sue Kotchevar to provide a clear picture of where Eden Prairie stands financially, and it is not a dire as some other cities. Nelson said there are some big dollar items that will require planning over the coming years. Public Works Director Gene Dietz said that roads is the major area that is still largely unfunded. Butcher said she would like the retreat to include a conversation about innovation and lean government. Interim City Manager Jay Lotthammer reviewed the Mayor's proposed council appointments for 2011. Council Member Nelson volunteered to take former Council Member Duckstad's place on the City and School Facilities Task Force. Council Chamber IV. OPEN PODIUM There were no speakers for Open Podium. V. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 4, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. SWEARING IN OF MAYOR NANCY TYRA-LUKENS AND COUNCIL MEMBERS SHERRY BUTCHER WICKSTROM AND KATHY NELSON City Attorney Ric Rosow administered the oath of office to Mayor Nancy Tyra-Lukens, Council Member Sherry Butcher Wickstrom and Council Member Kathy Nelson. IV. OPEN PODIUM INVITATION V. PROCLAMATIONS/PRESENTATIONS A. CHINESE NEW YEAR Mayor Tyra-Lukens read a proclamation extending best wishes for a happy and prosperous New Year to the government officials and people of Loudi, China. B. MEET AND GREET PROGRAM UPDATE Economic Development Manager David Lindahl gave an update of the Meet and Greet business retention program. He said the program was started in 2002, and since that time there have been 236 meetings with CEO's and other business leaders in the community. The program has been well received and we have had very positive feedback. He noted the Minnesota Chamber of Commerce used Eden Prairie's program as a model and catalyst for their Grow Minnesota program. The Eden Prairie Chamber of Commerce is a partner in Grow Minnesota. Tyra-Lukens asked if Chambers in other communities pull in their City officials when they hold Meet and Greets. Lindahl said they sometimes do, but usually not. CITY COUNCIL MINUTES January 4,2011 Page 2 VI. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens said Item B of Proclamations was moved to the Consent Calendar as Item O. Nelson asked that Item H be pulled from the Consent Calendar for discussion. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VII. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 7, 2010 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, December 7, 2010, as published. Motion carried 3-0-2,with Butcher Wickstrom and Tyra-Lukens abstaining. B. CITY COUNCIL MEETING HELD TUESDAY,DECEMBER 7, 2010 MOTION: Case moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, December 7, 2010, as published. Motion carried 3- 0-2,with Butcher Wickstrom and Tyra-Lukens abstaining. C. SPECIAL COUNCIL MEETING HELD THURSDAY, DECEMBER 16, 2010 MOTION: Aho moved, seconded by Case, to approve the minutes of the Special City Council meeting held Thursday, December 16, 2010, as published. Motion carried 3-0-2,with Butcher Wickstrom and Tyra-Lukens abstaining. VIII. REPORTS OF ADVISORY BOARDS & COMMISSIONS IX. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2011-01 AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS C. ADOPT RESOLUTION NO. 2011-02 DESIGNATING DEPOSITORIES D. ADOPT RESOLUTION NO. 2011-03 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS E. ADOPT RESOLUTION NO. 2011-04 AUTHORIZING TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS F. ADOPT RESOLUTION NO. 2011-05 AUTHORIZING TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR CITY OF EDEN PRAIRIE CITY COUNCIL MINUTES January 4,2011 Page 3 G. ADOPT RESOLUTION NO. 2011-06 AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL H. ADOPT RESOLUTION NO. 2011-07 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2011 I. AWARD BID FOR LIME RESIDUALS HAULING AND DISPOSAL TO MOELTER GRAIN INC. J. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2011 K. AWARD CONTRACT FOR WATER TREATMENT PLANT PROCESS AND CONTROLS IMPROVEMENTS TO MAGNEY CONSTRUCTION, INC. L. APPROVE SUBMITTAL OF AN EXTENSION FOR THE RESIDENTIAL RECYCLING GRANT APPLICATION M. APPROVE AGREEMENT WITH THE STATE OF MINNESOTA FOR$10,000 GRANT TO EXPAND AND MANAGE THE CITY'S SOURCE WATER PROTECTION PLAN N. AWARD CONTRACT FOR PURCHASE OF PRIMARY LOGIC CONTROLLERS (PLCS)AND RELATED EQUIPMENT FOR 2011-2012 WATER TREATMENT PLANT CHEMICAL FEED SYSTEMS CONTROL UPGRADE TO WERNER ELECTRIC O. EDEN PRAIRIE LION'S CLUB 50TH ANNIVERSARY PROCLAMATION MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-G and I-O on the Consent Calendar. Motion carried 5-0. Nelson said there was a replacement for Item H on goldenrod paper that is different from the original version. The scheduled meeting date for the Budget Advisory Commission(BAC) is changed to the first Thursday of the month, and she thought it might be more useful for that meeting to be held on the third Thursday. She said at some point she also wants to discuss how the Council is receiving information on the budget and when we might want the report from the BAC. Tyra-Lukens asked if she wanted to make a motion for a specific date. Nelson said their first meeting is on the schedule for the fourth Thursday of January. Case asked if her concern is that the BAC gets information prior to the Council receiving it and they deal with the information before the Council does, so the Council ends up getting old news. Nelson said her concern is that we don't get the information they get. Case said he didn't think it matters if the BAC meets on the first Thursday of the month as long as they deal with information the Council had already received. Nelson said she would like to go further with a resolution that we have two special budget meetings with staff and the BAC, and then the BAC would CITY COUNCIL MINUTES January 4,2011 Page 4 meet and act on that. She thought it would just flow a little smoother for them if they met later in the month. Lotthammer said the BAC is on a different time frame than other commissions, and staff's understanding is that the third Thursday works best for them as a group. The Council is scheduled to have a conversation about the BAC at a workshop before the next meeting. He said Sue Kotchevar and he would then be able to attend the January BAC meeting to pass along information to them. He thought we have learned how to better mesh their process so it doesn't feel like one group is out in front of the other. He also thought it likely the Council will discuss the role of the BAC and might possibly make their role more process oriented. In terms of setting the meeting date for the BAC, the City Council will meet in a workshop session on the 18th and the BAC is scheduled to meet the following week on January 27. He said staff would make sure the Council receives well ahead of time the information the BAC will receive. Nelson said she has a specific resolution she plans to propose at the next meeting that will detail the process for a piece of what the BAC does. She said the main piece of her proposal is that staff will not give a presentation to the BAC before the City Council receives the information, and the BAC will give their report prior to the first of September. She thought they might be meeting twice a month during the four months from April to July. She said she was okay with the item going through as long as their meeting isn't scheduled for the first or third Tuesday. MOTION: Case moved, seconded by Aho, to approve Item H on the Consent Calendar. Motion carried 5-0. X. PUBLIC HEARINGS/MEETINGS XI. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XII. ORDINANCES AND RESOLUTIONS XIII. PETITIONS, REQUESTS AND COMMUNICATIONS XIV. APPOINTMENTS A. RESOLUTION NO. 2011-08 DESIGNATING OFFICIAL CITY NEWSPAPER Lotthammer said this designation is required on an annual basis. The Sun Current seeks the designation stating their office in Eden Prairie is their primary office. The relevant statute does not make the presence of a primary office a determining factor in determining priority. The City Attorney determined both newspapers appear qualified under the statue. The Eden Prairie News has been the official newspaper CITY COUNCIL MINUTES January 4,2011 Page 5 since 2008 and for 27 years prior to 2003. The Sun-Current was the official newspaper from 2003 to 2007. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2011-08 designating the Eden Prairie News as the official City newspaper for the year 2011. Case said he supported the Eden Prairie News being selected, but he also wanted to give a compliment to the investigative efforts of the Sun Current newspaper this past year. He noted we are fortunate to have two ever-growing, quality newspapers. VOTE ON THE MOTION: Motion carried 5-0. B. RESOLUTION NO. 2011-09 DESIGNATING OFFICIAL MEETING DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL IN 2011 AND APPOINTING ACTING MAYOR MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution No. 2011-09 designating the official meeting dates, time and place for the City of Eden Prairie Council in 2011 and appointing Councilmember Case the Acting Mayor. Motion carried 5-0. C. RESOLUTION NO. 2011-10 APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2011-10 appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as Chair; Jay Lotthammer as Executive Director; and Brad Aho as Secretary for calendar year 2011. Motion carried 5-0. D. RESOLUTION NO. 2011-11 APPOINTING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2011 E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF CITIES F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL LEGISLATIVE COMMISSION G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION I. APPOINTMENT TO 1-494 CORRIDOR COMMISSION J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE CITY COUNCIL MINUTES January 4,2011 Page 6 K. APPOINTMENT OF ASSISTANT WEED INSPECTOR L. APPOINTMENT OF COUNCIL REPRESENTATIVE TO SOUTHWEST METRO TRANSIT COMMISSION M. RESOLUTION 2011-12 APPOINTING MUNICIPAL REPRESENTATIVES TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES N. APPOINTMENT TO SOUTHWEST LRT COMMUNITY WORKS PROJECT STEERING COMMITTEE O. APPOINTMENT TO SOUTHWEST LRT CORRIDOR MANAGEMENT COMMITTEE P. APPOINTMENT TO JOINT AIRPORT ZONING BOARD MOTION: Case moved, seconded by Nelson, to: Adopt Resolution No. 2011-11 appointing Council Member Case as the Director and Gene Dietz as the Alternate Director to the Suburban Rate Authority; Approve the appointment of the Mayor as Delegate and Council Members as Alternates to the National League of Cities; Approve appointment of the Mayor to the Municipal Legislative Commission; Approve appointment of Council Member Case to the Southwest Cable Commission; Approve appointment of Council Member Nelson to the Eden Prairie Foundation; Approve appointment of Council Member Aho to the I-494 Corridor Commission; Approve appointment of Council Member Nelson to the City and School Facilities Use Task Force; Appoint Jeff Cordes as Assistant Weed Inspector for the City of Eden Prairie; Appoint Council Member Butcher Wickstrom to the Southwest Transit Commission as the Eden Prairie City Council Representative for a term ending December 31, 2012; Adopt Resolution No. 2011-12 appointing Council Member Case and Sue Kotchevar to the Eden Prairie Fire Relief Association; Appoint Council Member Nelson as representative and Janet Jeremiah as the alternate to the southwest LRT Community Works Project Steering Committee; Appoint Mayor Tyra-Lukens as representative and Council Member Nelson as the alternate to the Southwest Corridor Management Committee; And to approve appointment of Council Member Aho and Council Member Butcher Wickstrom to the Joint Airport Zoning Board. Motion carried 5-0. XV. REPORTS A. REPORTS OF COUNCIL MEMBERS Tyra-Lukens said she asked Council Members to bring their thoughts about what goals each of them had for 2011. She said her first goal is to find a replacement CITY COUNCIL MINUTES January 4,2011 Page 7 City Manager and get that person fully on board. She noted interviews of the six finalists will be conducted this Saturday, so we are on track to have a new City Manager by late winter or early spring. She also wanted to continue engagement with the business community through the Meet and Greet program. Another of her goals is to take a look at the Hennepin South Services data about poverty in Eden Prairie. She would also like to reinstate meetings with the School District. She noted there is misinformation out there about the City and the School District, and she would like to pull together a forum for real estate agents in the community to find out what is really happening with our schools and our City to help arm them with information about the City. She would like to look at the BAC now that there has been a trial period with them. Council Member Nelson and others are very concerned about that commission, and we need to talk about whether we want them to continue what they are doing. She would like to engage citizens in a discussion about what they want for the City. We have a tighter budget and we can do more with less through innovation and collaboration, but we also need to have an honest discussion about what City services are going to be provided and what things we value in the community. We need to look at how we want our City to look in the long term. As the Mayor, she would like to continue to be involved in regional issues. Nelson said she would like to continue to pursue the green technology issues the City has worked on. She wanted to continue efforts to get the Southwest Light Rail Transit(LRT) line and also get the fire duty crew started. She has concerns about opening up the budget process and making sure the Council gets the information we need before setting our budget. She wants to keep connecting with the business community and continue her work with them on the Way-finding Committee. She would like to continue planning in general and ensure we have green space in the City. She also wants to connect with the various immigrant groups in the community so they know about the opportunities that exist to serve on boards and commissions. Case said a top priority is to look at the short, mid-term and long term budget. We have a $1,300,000 budget deficit this year covered by borrowing from the Budget Stabilization Fund, but we have at least another five years of declining revenues. Over the next 30 years we have some $100,000,000 in unfunded liability to rebuild our infrastructure. We need to concentrate on developing strategies to meet our short, medium and long-term financial obligations. Butcher Wickstrom said she agreed with the goals of the other Council Members and her one big goal is an initiative around innovation and lean in government. We need to maintain our level of excellence as a City, and one way to do that is to make improvements in how we do all aspects of our City's business. Innovation and lean in government involves a number of things and is a way to dramatically improve performance and effectiveness. It is a way to engage everyone in finding ways to do our work better and smarter, to eliminate waste and to enable break- though improvements. It is a way that we can understand what the customer needs and focus on developing ways to improve customer service and our bottom line. She suggested we add innovation and lean in government as a topic of the CITY COUNCIL MINUTES January 4,2011 Page 8 Council's retreat and in a workshop. She also wants to find ways to involve our commission members and residents in the process of innovation and lean. She suggested we have a spot on the website for people to offer suggestions and to find out what we are all doing in City government to improve our City and our processes. Aho said we have a pretty united Council in observing we have a lot of challenges with local, state and federal governments. We had a wonderful year last year and were named the No. 1 city, and he would like to keep us on the path to maintaining us as No. 1. He said the budget is going to be one of the keys. We have a shortfall, and we need to figure out how to deal with it in the long term. We need to look at it as a long term issue, and see how we are going to accomplish what we need to do in terms of delivering City services. This is a good opportunity for us to re-evaluate that and look at some of those issues. He would also like to see the Joint Airport Zoning Board agreement come to fruition. He is thrilled that the Hwy 169/494 construction process has begun, and he saw that project as having a positive impact to our residents. There are LRT planning issues coming up, and we need to do a good job of meeting with the business community and our residents to look at how planning for that will impact Eden Prairie. He would like to continue to serve on the Meet and Greet program. Tyra-Lukens noted we have probably filled up the remaining slots of the workshop schedule with the ideas presented. B. REPORT OF CITY MANAGER 1. Board and Commission Recruitment Process Lotthammer said they have begun the process of getting information ready for the recruitment process. There are quite a few openings available, and there is a board or commission that fits almost any interest someone may have. He reviewed the proposed timeline for the recruitment process. Tyra-Lukens asked if there will be information on the number of positions available when the process opens on January 10. Lotthammer said they will promote some of the openings in the local newspapers and on the website. MOTION: Aho moved, seconded by Nelson, to approve the attached timeline for recruitment of Board and Commission candidates and set February 22 as the date for commission interviews. Motion carried 5-0. 2. City Manager Search Update Lotthammer said there is no action required on this item as the public meeting date to begin the process has been set. The Council received an email late today from Mr. Albrecht of M&A Search asking the Council Members to arrive here by 7:45 AM this Saturday to conduct interviews with the candidates in our conference room. There will be one-on-one 45- CITY COUNCIL MINUTES January 4,2011 Page 9 minute interviews with the candidates beginning at 8:00 AM. The public meeting starts at 1:00 PM. Tyra-Lukens asked if the Council will have the names and resumes of the final six applicants prior to the Saturday interviews. Lotthammer said he hasn't heard that will be the case, but he can request it. The consensus was to get the resumes before the Saturday meetings. 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 XVI. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:45 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Temporary Liquor Organization: Foundation for Eden Prairie Schools Event: Taste of Eden Prairie Date: February 26, 2011 Place: MN Viking Training Center 9520 Viking Drive - 1 - CITY COUNCIL AGENDA DATE: January 18, 2011 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Development/Planning Nine Mile Creek Water Resource Janet Jeremiah Center Requested Action Move to: • Approve 2nd Reading of the Ordinance for Code Amendment to add Governmental Offices as a permitted use in the Public Zoning District; and • Approve 2nd Reading of the Ordinance for PUD District Review and Zoning District Change from Rural and R1-22 to Public; and • Adopt a Resolution for Site Plan review on 5.34 acres; and • Approve t he D evelopment A greement for Nine M ile C reek W ater R esource Center; and • Approve a nd A uthorize Issuance of a G rading P ermit f or Nine M ile C reek Watershed Water Resource Center, subject to release by the City Engineer upon determination t hat t he final c ontract do cuments c onform t o pl ans s tamp da ted September 10, 2010, as approved by the City Council. Synopsis There are two actions for this item. The first is final approval of a code amendment to allow governmental uses in buildings of less than 6,000 square feet in the Public Zoning District. The second is final approval of plans, a developer agreement, owner supplement, and restrictive covenant for the Nine Mile Creek Water Resource Center. The covenant indicates more evening meetings and different types of meetings then presented during the public hearing process. The staff required the district to amend the traffic study to evaluate the impact of additional meetings on traffic patterns, roads, and intersections in the area. The result of the updated traffic analysis indicate that the Water Resource Center and Watershed District is not anticipated to create any new capacity or operational challenges on the existing roadway network and no roadway modifications are necessary with the proposed project. However since the facility is proposed to be located in an established existing residential neighborhood the additional meetings will increase the potential that traffic accessing the site will be noticeable by neighboring residents and could lead to neighborhood traffic concerns. Background Information The 120-Day Review Period Expires on February 6, 2011. Attachments 1. Ordinance for Code Amendment 2. Ordinance for PUD District Review and Zoning District Change 3. Summary Ordinance 4. Resolution for Site Plan Review 5. Development Agreement, Owner Supplement, Restrictive Covenant 6. Traffic Study CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 11.35 SUBDIVISION 2, PERMITTED USES, BY ADDING ITEM G. ALLOWING PERMITTED USE FOR GOVERNMENTAL OFFICES IN BUILDINGS LESS THAN 6,000 SQUARE FEET;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 11.35, Subdivision 2 is amended by adding the following item G. G. Governmental offices in buildings of less than 6,000 square feet. Section 2. 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 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of September, 2010 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 18th day of January, 2011. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. NINE MILE CREEK WATER RESOURCE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2011-PUD-1-2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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 removed from the R1-22 Zoning District and be placed in the Public Zoning District 2-2011-PUD-1-2011 (hereinafter"PUD-1-2011-PUB"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of January 6, 2011 entered into between the Nine Mile Creek Watershed District, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2011-PUB, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-1-2011-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2011-PUB 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-1-2011-PUB are justified by the design of the development described therein. D. PUD-1-2011-PUB is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District, and placed in the Public Zoning District and shall be included hereafter in the Planned Unit Development PUD-1-2011-PUB 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 21st day of September, 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 18th day of January, 2011. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on , 2011. PUD Ordinance- Nine Nile Creek Water Resource Center Legal Description before final plat: Parcel 1: Lots 1, 2, and 3, Block 1, TOPVIEW ACRES 3RD ADDITION, except that part of said Lot 3, lying Northerly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 3, distant 228.39 feet Southeasterly of the most Northerly corner of said Lot 3, as measured along said Northeasterly line; thence Northwesterly to a point on the Westerly line of said Lot 3, distant 148.15 feet Southerly of said most Northerly corner, as measured along said Westerly line and there terminating. (Torrens Property, Certificate of Title No. 836524) Parcel 2: That part of the following described land: That part of the East 1/2 of the Northeast Quarter of Section 10, Township 116, Range 22, described as beginning at the northeast corner of said Section 10; thence south along the east line of said Section, 841.63 feet; thence North 71 degrees 30 minutes West 284.7 feet; thence north to a point in the north line of said Section distant 270 feet west of the northeast corner thereof; thence east along the north line of said Section, 270 feet to the point of beginning, except the Westerly 50 feet thereof, Which lies southerly of the following described line: Beginning at a point on the east line of the above-described property, distant 238.15 feet south of said northeast corner; thence North 62 degrees 02 minutes 40 seconds West a distance of 174.17 feet; thence North 79 degrees 30 minutes 27 seconds West to the westerly line of the above-described property and there terminating. The East line of the Northeast Quarter is assumed due North and South. (Torrens Property, Certificate of Title No. 820481) Legal Description after final plat: LOT 1, BLOCK 1, KAERWER ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. NINE MILE CREEK WATER RESOURCE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2011-PUD-1-2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, 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: Summary: This ordinance allows rezoning of land located at 12800 Gerard Drive and 12776, 12782 and 12784 Gordon Drive from the R1-22 Zoning District to the Public Zoning District on 5.32 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens,Mayor PUBLISHED in the Eden Prairie News on , 2011. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR NINE MILE CREEK WATER RESOURCE CENTER BY NINE MILE CREEK WATERSHED DISTRICT WHEREAS,Nine Mile Creek Watershed District, has applied for Site Plan approval to construct a water resource center, by an Ordinance approved by the City Council on September 21, 2010; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 23, 2010 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 21, 2010 meeting. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval be granted to the Nine Mile Creek Watershed District based on the Development Agreement between the Nine Mile Creek Watershed District and the City of Eden Prairie, reviewed and approved by the City Council on November 16, 2010. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2011. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT NINE MILE CREEK WATER RESOURCE CENTER THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of January 18, 2011,by Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota, hereinafter r eferred to as "Developer," its successors and a ssigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Guide P lan C hange from Low Density Residential to Parks Open Space on 4.24 acres and from Low Density Residential to Public/Quasi Public on 1.1 acres, P lanned Unit Development C oncept Review on 5.34 acres, P lanned Unit Development District Review with waivers on 5.34 acres, Zoning District Change from R1-22 to Public on 5.34 acres, Site Plan Review on 5.34 acres, and Preliminary Plat of 5.34 acres into 1 lot, legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to on xres, Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and s tamp dated September 2 1, 2010 reviewed and approved by the City C ouncil on September 21, 2010, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and i njunctions r elating t o any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. D eveloper s hall not b e released from its r esponsibilities t o release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior t o i ssuance of any oc cupancy permit for the P roperty, D eveloper shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration pe rmit for t he P roperty, D eveloper s hall s ubmit a nd obt ain t he C ity Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage p1 an s hall include a 11 wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater F acilities, such as water quality ponding areas, stormwater detention areas, and s tormwater in filtration 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 p1 an. P nor t o release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional s hall provide a final report t o the City c ertifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the D eveloper t o perform the monitoring of the Project shall be responsible for a 11 m onitoring, data e ntry and r eporting t o the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater F acilities, including detention basins, retention basins or Stormwater Infiltration Systems(such as rainwater gardens, vegetated s wales, 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 D eveloper during c onstruction and for a m inimum of two (2) full g rowing 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 Development Developer shall employ the design professional who prepared the final grading plan to mo nitor c onstruction o f th e S tormwater F acilities for conformance t o t he Minnesota Pollution Control Agency publication entitled"State ofMinnesota Storm water Manual" dated November 2005, t he 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 S tormwater F acilities shall be kept free of debris, 1 itter, invasive pl ants 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 b e removed as needed to restore hydraulic capacity, leaving a s m uch of t he ve getation i n place as possible. Any da maged 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 o f the S tormwater F acilities. This s hall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, maintenance of approved vegetation,re-mulching of void areas, replanting o r reseeding areas w here dead o r diseased p lants w ere removed an d removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): P rior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of S tormwater 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. P rior t o r elease of t he g rading bond, D eveloper shall complete implementation of the approved SWPPP. 7. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 horns in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 8. LANDSCAPE AND PARKING LOT SCREENING PLAN: Prior to building permit issuance, the D eveloper s hall submit t o the City Planner and receive the City Planner's written approval of a final 1 andscape and parking lot s creening pl an for the P roperty, including the screening of the proposed parking area as required by City Code. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, c ash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. Prior t o i ssuance of any oc cupancy permit for the P roperty, D eveloper shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 9. MECHANICAL EQUIPMENT SCREENING: Developer s hall s ubmit to th e C ity Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on t he P roperty. F or pur poses of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on t he P roperty, i n a ccordance w ith C ity C ode requirements. D eveloper s hall c omplete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 10. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 11. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Public District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): • Exterior materials less than 75% face brick, glass, or natural stone. • Driveway width from 25 feet to 18 feet. • Use of pervious bituminous pavers • Concrete and grass pavers. 12. RESTRICTIVE COVENANT: Contemporaneous with execution of t his Agreement Owner an d D eveloper s hall ex ecute t he Declaration of C ovenants, C onditions a nd Restrictions attached as E xhibit D. Upon e xecution Owner an d Developer shall file contemporaneous w ith the filing of the final pl at for the Property the Declaration o f Covenants, Condtions and Restrictions with the Hennepin County Registrar of Title. Prior to issuance of any building permit for the Property, Developer shall submit evidence to the City Planner, that the Declaration of Covenants, Conditions and Restrictions has been filed in the Hennepin County Registrar of Titles' Office. 13. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and of her such information a s ne cessary t o i nform the C ity of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 14. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 15. TRUNK ASSESSMENTS: Prior to release of the final p lat D eveloper agrees t o p ay $1,559.44 in trunk assessments. 16. TREE LOSS-TREE REPLACEMENT: There are 3,493 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 151 diameter inches. Tree replacement required are 7.7 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 7.7 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, Developer 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. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By By Its Nancy Tyra-Lukens Its Mayor By By Its Jay Lotthammer Its Interim City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2011, by Nancy Tyra-Lukens 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 , 2011, by , the , of , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A - LEGAL DESCRIPTIONS DEVELOPMENT AGREEMENT—NINE MILE CREEK WATER RESOURCE CENTER Legal Description Before Final Plat Parcel 1: Lots 1, 2, and 3, Block 1, TOPVIEW ACRES 3RD ADDITION, except that part of said Lot 3, lying Northerly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 3, distant 228.39 feet Southeasterly of the most Northerly corner of said Lot 3,as measured along said Northeasterly line; thence Northwesterly to a point on the Westerly line of said Lot 3, distant 148.15 feet Southerly of said most Northerly corner, as measured along said Westerly line and there terminating. (Torrens Property, Certificate of Title No. 836524) Parcel 2: That part of the following described land: That part of the East 1/2 of the Northeast Quarter of Section 10, Township 116, Range 22, described as beginning at the northeast corner of said Section 10; thence south along the east line of said Section, 841.63 feet; thence North 71 degrees 30 minutes West 284.7 feet; thence north to a point in the north line of said Section distant 270 feet west of the northeast corner thereof; thence east along the north line of said Section, 270 feet to the point of beginning, except the Westerly 50 feet thereof, Which lies southerly of the following described line: Beginning at a point on the east line of the above-described property, distant 238.15 feet south of said northeast corner; thence North 62 degrees 02 minutes 40 seconds West a distance of 174.17 feet; thence North 79 degrees 30 minutes 27 seconds West to the westerly line of the above-described property and there terminating. The East line of the Northeast Quarter is assumed due North and South. (Torrens Property, Certificate of Title No. 820481) Legal Description After Final Plat LOT 1, BLOCK 1, KAERWER ADDITION EXHIBIT B - PLANS DEVELOPMENT AGREEMENT—NINE MILE CREEK WATER RESOURCE CENTER PLANS: Sheet 1 of 6 Existing Floor Plan dated 6/3/10; F. Cable Sheet 2 of 6 Floor Plan with Addition dated 6/3/10; F. Cable Sheet 3 of 6 South Elevation dated 6/3/10; F. Cable Sheet 4 of 6 North Elevation dated 6/3/10; F. Cable Sheet 5 of 6 East Elevation dated 6/3/10; F. Cable Sheet 6 of 6 West Elevation dated 6/3/10; F. Cable Sheet 1 of 1 Sign dated 6/3/10; F. Cable Page 1 of 4 Description Sketch of Kaerwer Addition for Nine Mile Creek Watershed District dated 8/3/10; Sunde Land Surveying Page 2 of 4 Easement Vacation sketch dated 5/17/10; Sunde Land Surveying Page 3 of 4 Preliminary Plat dated 5/17/10; Sunde Land Surveying Page 4 of 4 Tree Inventory Survey for Nine Mile Creek Watershed District dated 5/17/10; Sunde Land Surveying County Ditch 34 setback Kaerwer Property dated 7/30/10; Sunde Land Surveying, LLC Site Plan Nine Mile Creek Watershed District Water Resource Center; 9/3/10; Sunde Land Surveying Grading and Erosion Control Plan dated 5/17/10; Sunde Land Surveying Tree Replacement Plan dated 5/17/10; Sunde Land Surveying G101 Drawing symbols and index dated 8/4/10; Conrad&Nutt Studio Architect A100 Existing Floor Plan dated 8/4/10; Conrad&Nutt Studio Architect A101 Floor Plan dated 8/4/10; Conrad&Nutt Studio Architect A201 Exterior Elevations dated 8/4/10; Conrad&Nutt Studio Architect Summary of Subcatchment 1S: Existing Site dated 8/20/10; Barr Engineering Company Summary of Subcatchment 1S: Proposed Site dated 8/2/10; Barr Engineering Company Existing Impervious Areas dated 5/12/10; Sunde Land Surveying WRITTEN MATERIALS: Letter dated 7/14/10 from Nine Mile Creek Watershed District Land Development Application and subsequent documents dated 6/21/10 Project Narrative Comprehensive Guide Plan Change Narrative PUD Narrative Letter dated 6/16/10 from Barr Engineering relating to tree replacement Memorandum dated 6/3/10 from Faith Cable, M.A. Regional Planning relating to Kaerwer Property Traffic Analysis Memorandum dated 8/16/10 from Reuben Collins relating to Kaerwer Property Traffic Analysis Letter dated 8/5/10 from Smith Partners relating to supplementary information Draft amendment Eden Prairie Zoning Code Revised Project Narrative Memorandum dated 8/3/10 from Faith Cable, M.A. Regional Planning relating to Landscape Screening for Parking Area Title Commitment Recorded Conservation Easement 8/31/05 Memorandum dated 8/3/10 from Faith Cable, M.A. Regional Planning relating to Kaerwer Property Lighting Calculation of existing and proposed exterior materials; Conrad&Nutt Studio Architect EXHIBIT C DEVELOPMENT AGREEMENT—NINE MILE CREEK WATER RESOURCE CENTER 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. D eveloper shall follow all rules and recommendations of said Watershed District. III. If D eveloper fails t o proceed i n acco rdance w ith t his A greement within thirty-six (3 6) 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. IV. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. V. 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. VI. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) 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 a nd a t t he time of de dication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. 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 1 imited t o, 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 no previous owner, operator or possessor of the Property deposited, stored, disposed of, p1 aced or of herwise a llowed i n or on t he 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. VII. 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. D eveloper agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. VIII. Prior to release of the final plat, Developer shall pay 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. IX. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans t o t he F ire M arshal for r eview a nd a pproval. D eveloper shall follow all the recommendations of the Fire Marshal. X. 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 t o perform any covenant, condition, or provision made he rein, C ity may b e without an ad equate remedy at 1 aw. 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 t o specifically enforce such covenant, withhold building permits or 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. XI. 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. XII. 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. XIII. 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. XIV. 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. XV. The City shall not issue any building permit for the construction of any building, structure, or improvement on t he Property until a 11 requirements 1 isted i n t his Exhibit C have be en satisfactorily addressed by Developer. XVI. 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. XVII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate 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. XVIII. Within 10 days of the approval of the Development Agreement, 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. XIX. The C ity i s he reby g ranted t he opt ion, but not t he obl igation, t o complete o r cau se 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) 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 C ity 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, i ncluding a ttorneys' fee, i ncurred by t he C ity i n e nforcing t his Agreement. XX. 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. XXI. This Agreement is a contract agreement between the City 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. EXHIBIT D — Restrictive Covenant DEVELOPMENT AGREEMENT—NINE MILE CREEK WATER RESOURCE CENTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made in the County of Hennepin, State of Minnesota, on this th day of 2011,Barbara Mackey Kaerwer, a single resident of the State of Minnesota,and by Nine Mile Creek Watershed District, a political subdivision of the state of Minnesota(the"Declarant"), for the purpose of protecting the property subject to this Declaration and neighboring property. WHEREAS,Declarant Kaerwer is the current owner of certain real property located in Hennepin County, Minnesota, legally described as Lot 1, Block 1, Kaerwer Addition, Hennepin County, Minnesota and Declarant District is the prospective owner and developer of said property and together Declarants desire to submit said real property and all improvements thereon(collectively the "Property")to this Declaration; and WHEREAS,Declaranst desires to establish certain restrictions on the use of the Property for the use, health, safety and welfare of the Owner, and the owners of surrounding property, and for the purpose of preserving the value, the structural quality, and the character of the Property; and THEREFORE, Declarants makes this Declaration a nd s ubmits th e P roperty to th is Declaration, declaring that this Declaration shall constitute covenants to run with the Property,and that the P roperty s hall be ow ned, us ed, oc cupied and conveyed subject t o the c ovenants and restrictions, set forth herein,all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs,personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words w hen used in the Governing Documents s hall have the following meanings (unless the context indicates otherwise): 1. "City" shall mean the City of Eden Prairie, Minnesota, a political subdivision of the State of Minnesota. 2. "District"shall mean the Nine Mile Watershed District, a political subdivision of the State of Minnesota. 3. "Governing Documents" shall mean: Development Agreement dated , 2011 by and between the City of Eden Prairie and , filed on the date of , 2011 as Document No. (hereinafter`Development Agreement"); City of Eden P rairie 0 rdinance P UD # (hereinafter PUD"); Ordinance # (hereinafter"Zoning Ordinance"); and Conservation Easement dated the 12th day of July, 2005 granted by B arbara M ackey K aerwer t o the Minnesota L and T rust, a non-profit corporation organized and existing under the laws of the State of Minnesota,filed in the Office of the Registrar of Title as on August 31, 2005 as Document No. 42155907 (hereinafter"Conservation Easement"). 4. "Owner" shall mean a Person who owns a Lot, but excluding contract for deed vendors, mortgagees and other secured party. T he term"Owner"includes, without limitation, contract for deed vendees and holders of a life estate. 5. "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 6. "Property"shall mean all of the real property submitted to this Declaration including the Dwellings and all other structures and improvements located thereon. SECTION 2 RESTRICTIONS ON USE OF PROPERTY Owner and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Lot, covenant and agree that, in addition to any other restrictions which may be i mposed by the G overning D ocuments, the oc cupancy, us e, ope ration, a lienation and conveyance of the Property shall be subject to the following restrictions: 1 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to this Declaration and Governing Documents as the same may be amended from time to time. A 11 c ovenants, restrictions and obligations s et forth i n t his D eclaration and the Governing Documents shall run with the Property and be a burden and benefit to the Owner and to any other Person acquiring or owning an interest in the Property,their heirs,personal representatives, successors and assigns. 2 Subdivision Prohibited. The Property shall be not subdivided. 3 Public Area Use. 1.1 xres of the Property is guided as Public/Quasi Public under the City of Eden Prairie Comprehensive Guide Plan pursuant to City of Eden Prairie Resolution R- adopted September 21, 2010 and is identified on the map attached hereto as Exhibit A (hereinafter referred to as the "Public Area") The Public Area shall be used solely and exclusively for office and public educational use by the District, its successors and/or assigns and is subject to the following restrictions: (1) the number of employees using the Property as their office shall be limited to three (3) FTE employees, not including student interns; (2)the District may hold no more than sixteen(16) Citizen Advisory Committee evening meetings per year on the Property; (3)the District may hold no more than sixteen (16) Board of Managers evening meetings per year on the Property; and(4) the District may hold no more than two (2) staff meetings of ten(10)persons or more per month on the Property with other governmental units of government including but not limited to the State of Minnesota, Regional public entities, Counties and Cities; and(5)the District may h old no more than eight(8)Neighborhood Advisory Committee meetings per year on the Property. 4 Parks Open Space Area Uses. 4.24 acres of the Property is guided as Parks Open Space under the City of Eden Prairie Comprehensive Guide Plan pursuant to City of Eden Prairie Resolution R- adopted September 21, 2010 and is identified on the map attached hereto as Exhibit A (hereinafter referred to as the"Parks Open Space Area") The Parks Open Space Area shall be used solely for the following recreational and educational uses: Hiking, cross-country skiing, nature observation or study and other s imilar 1 ow i mpact r ecreational, a esthetic a nd educational programs and activities. Wheeled recreation such as bicycles and skateboards are not permitted. Field sports are not permitted. 5. Compliance with Law and City Approvals. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws,nor shall any act or use be permitted which could cause waste to the Property. No use shall be made of the P roperty w hich w ould vi olate t he D evelopment A greement a nd/or t he PUD and Zoning Ordinance. 6. Subsequent Improvements. Subsequent to the date of this Declaration any expansion, modification or replacement of an existing building or structure shall not substantially alter the character or function of the current residential structure and shall not exceed the total covered ground area or footprint of the c urrent residential structure by more than 50%. N otwithstanding the foregoing, in the event of a casualty t o the existing building a s the same may be subsequently improved in accordance with this paragraph, Owner shall be entitled to rebuild those improvements subject to the replacement restriction set forth in the first sentence of this paragraph. SECTION 3 RESOLUTION OF DISPUTES 1. Mediation. Owner or City may request that a dispute, claim or controversy arising from or related to this Declaration be submitted to mediation. Unless Owner and City agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. Filing of a request for mediation does not bar the institution of any legal or equitable action that may be brought by Owner or City. Cost of mediation shall be shared equally between Owner and City. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by Owner and City. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement,which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. SECTION 4 COMPLIANCE AND REMEDIES Owner and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of this Declaration and the e Governing Documents. A failure to comply shall entitle the City of Eden Prairie to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents. 1 Entitlement to Relief. The City may commence legal action to recover sums due,for damages or for injunctive relief or any c ombination t hereof, or a n a ction for any of her relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the C ity against the Owner t o enforce compliance with the Governing Documents and this Declaration. 2. Costs of P roceeding a nd A ttorneys' F ees. W ith r espect t o a ny action, legal, administrative, or otherwise, taken to enforce the provisions of the Governing Documents or this Declaration the prevailing party shall be entitled to its costs and reasonable attorneys fees. 3. Third Party Beneficiary. City is a third party beneficiary of this Declaration and shall be entitled to enforce this Declaration. Other than City no provision of this Declaration 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 Declaration 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. SECTION 5 MISCELLANEOUS 1. Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits attached hereto. 2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. 4 Notices. Unless specifically provided otherwise in the Governing Documents, all notices required to be given by or to the Owner or the City of Eden Prairie shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail, or transmitted by facsimile or electronic mail, copy followed by mailed notice as above required. 5. Amendment. This Declaration may be amended only with the written approval of City. City shall be deemed to have approved the amendment if City fails to notify the Owner within one hundred twenty(120) days after receipt of the proposed amendment of its disapproval. An amendment shall be effective when recorded with the County Recorder and/or Registrar of Titles as applicable. Amendments shall be submitted in writing to the City Clerk by Owner. 6. Duration of Covenants. The covenants and restrictions contained in this Declaration shall be perpetual,subject only to termination through an amendment as provided in this Declaration. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed the day and year first set forth. DECLARANT BARBARA MACKEY KAERWER DECLARANT NINE MILE CREEK WATERSHED DISTRICT By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by , the Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota.. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by Barbara Mackey Kaerwer, a resident of Hennepin County. Notary Public This instrument was drafted by Richard F. Rosow Gregerson, Rosow, Johnson&Nilan Ltd. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402-4337 (612) 338-0755 EXHIBIT A [INSERT SITE MAP IDENTIFYING PARK OPEN SPACE AREA AND PUBLIC/QUASI PUBLIC AREA] OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN NINE MILE CREEK WATER RESOURCE CENTER AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of ,2011, by and between Barbara Kaewer a single person, ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For, and in consideration of, and to induce City to adopt Resolution No. for Guide Plan Change, Resolution No. for P lanned Unit Development C oncept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary P lat, a s mo re fully d escribed in th at c ertain D evelopment A greement e ntered in to as of , 20 11, by a nd be tween Nine M ile C reek W atershed D istrcit, a M innesota , and City("Development Agreement")pertaining to that certain Property described on Exhibit A hereto, Owner agrees with City as follows: 1. If Nine Mile Creek Watershed District, fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 36 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Guide Plan Change, Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from to , Resolution No. for Site Plan Review, and Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By Barbara Kaewer Nancy Tyra-Lukens Its Mayor By Jay Lotthammer, Its Interim City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The f oregoing i nstrument w as a cknowledged be fore m e this day of , 2011, by Nancy Tyra-Lukens 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 f oregoing i nstrument w as a cknowledged be fore m e this day of , 2011, by Barbara M. Kaewar, a single person. Notary Public EXHIBIT A - LEGAL DESCRIPTIONS DEVELOPMENT AGREEMENT—NINE MILE CREEK WATER RESOURCE CENTER Legal Description Before Final Plat Parcel 1: Lots 1, 2, and 3, Block 1, TOPVIEW ACRES 3RD ADDITION, except that part of said Lot 3, lying Northerly of a line described as follows: Beginning at a point on the Northeasterly line of said Lot 3, distant 228.39 feet Southeasterly of the most Northerly corner of said Lot 3,as measured along said Northeasterly line; thence Northwesterly to a point on the Westerly line of said Lot 3, distant 148.15 feet Southerly of said most Northerly corner, as measured along said Westerly line and there terminating. (Torrens Property, Certificate of Title No. 836524) Parcel 2: That part of the following described land: That part of the East 1/2 of the Northeast Quarter of Section 10, Township 116, Range 22, described as beginning at the northeast corner of said Section 10; thence south along the east line of said Section, 841.63 feet; thence North 71 degrees 30 minutes West 284.7 feet; thence north to a point in the north line of said Section distant 270 feet west of the northeast corner thereof; thence east along the north line of said Section, 270 feet to the point of beginning, except the Westerly 50 feet thereof, Which lies southerly of the following described line: Beginning at a point on the east line of the above-described property, distant 238.15 feet south of said northeast corner; thence North 62 degrees 02 minutes 40 seconds West a distance of 174.17 feet; thence North 79 degrees 30 minutes 27 seconds West to the westerly line of the above-described property and there terminating. The East line of the Northeast Quarter is assumed due North and South. (Torrens Property, Certificate of Title No. 820481) Legal Description After Final Plat LOT 1, BLOCK 1, KAERWER ADDITION WSB in:4kiulra. Engineering • Planning • Environmental • Construction 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Kevin Bigalke District Administrator Nine Mile Creek Watershed District 7710 Computer Avenue, Suite 135 Edina, MN 55435 From: Reuben Collins, EIT Tony Heppelmann, PE Date: December 10, 2010 Re: Kaerwer Property Traffic Analysis WSB Project No. 1942-00 The purpose of this memorandum is to document the anticipated and potential traffic impacts related to the proposed use of the Kaerwer Property in Eden Prairie, MN as a Water Resource Center and as the Nine Mile Creek Watershed District office. This memorandum is an update to a memorandum dated August 16, 2010 and provides an update on the traffic impacts to reflect proposed changes in the meeting schedule for the proposed site. Prior to the August 16, 2010, memorandum, a traffic analysis completed by Faith Cable (dated June 3, 2010) was submitted to the City. The City requested several modifications to the traffic analysis. Many of the details used in this analysis about the proposed use of the property are taken from the previous traffic analysis. This memorandum will build off the previous traffic analysis while responding to the comments from the City of Eden Prairie. Introduction, Background,and Proposal Details The Nine Mile Creek Watershed District (NMCWD) has proposed to use the property located at 12800 Gerard Drive (Kaerwer property) as a home for the NMCWD offices. The Kaerwer property is located in the northern portion of Eden Prairie, MN just west of 1-494 and north of US-212. The location of the Kaerwer property in Eden Prairie is shown in Figure 1. The five-acre property is currently owned by Barbara Kaerwer and is used as a single-family home. The heavily wooded property is located immediately adjacent to the Cardinal Creek Conservation Area. The existing structure is a fairly unique single-family home unlike many of the other homes in the surrounding neighborhood. The structure pre-dates the other homes in the immediate neighborhood and spans five parcels. The existing three-bedroom home is approximately 3,865 square feet, including 600 square feet of greenhouse space and 645 square feet of garage. The NMCWD proposes to add approximately 961 additional square feet of space by adding a 250-square foot addition to the western end of the home and a 711-square foot conference room on the north side of the building. Other minor modifications will be made to the building to ensure wheelchair accessibility to all rooms and allow the Minneapolis•St. Cloud Equal Opportunity Employer Kaerwer Property Traffic Analysis December 10, 2010 Page 2 structure to be more easily utilized as office space. The total proposed building space is 4,826 square feet, including the greenhouse, garage, and all storage space. 1 62 Minnetonka 52 filki.—,-(,, , (-7 ri--- Ulm,. I Eit 4+ .,a_ ye, io. 60 F w494 iis -. Its t.%,..rif jVd,,1, 41-:t.1-,,,_...: :MN7aom•h, pI% i,kt/4eK,..t a s erweroPropei).rtrI y , : i. i-.' Mi li47e7ts44Iov ft„_.,_,11.;, 39 ,1,,Hj4 r ? 3 - ��� E _-7. ��[y�, ; _: i ypsdra 414. '- ; 1/4 we ., _;, ...-,_;1 , icia 16.Ith t -c r .. 111W_ i NM 4,-',..- ,::; 4 212 4 erfati fv.......% 114241an _.:Aliiirtie E:111.4 Id is int •A 1 AI '_.rr , ' g- , Lit2tt ,__., ,, 4-- • it g .‘,.. Kin - •ottai.,;:pi,,, • fAININ njk 1 . SO -----L,":-2.--v. --7.- , - Alk,;... --, r- , slabs,. ilt" �`_ • t .� ill - . • , ----4'4-- � fi1g116111r,f 4 re al i i yr • '111* : ■ I Shakopee a Figure 1: Kaerwer Property Location Trip Generation The number of trips generated from the proposed Water Resource Center(WRC) will be separated into two sections: daily trips and event trips. Daily trips are trips made by the WRC employees, as well as general trips common to offices such as mail/package delivery, courier service, small client meetings, and other general office visits. Daily trips are typically spread throughout the day with the highest concentration in the morning peak hour as employees arrive at work and during the evening peak hour when employees leave. Event trips are trips that are associated with a scheduled event or meeting. Kaerwer Property Traffic Analysis December 10, 2010 Page 3 Daily Trips The ITE Trip Generation Manual will be used to determine the expected number of trips on a typical day by the existing single-family home and by the proposed WRC based on both number of employees and square footage. The NMCWD has indicated that they intend to have two employees at this location, initially,with the possibility of a third employee added at a later date. The proposed building layout also clearly suggests that the NMCWD is anticipating no more than three employees at this time. However, to account for all future possibilities,this traffic study will assume that some of the interior space could be rearranged to allow for additional employees if the NMCWD desired in the future. Rather than attempting to predict the maximum number of employees that could reasonably fit within the proposed building, the ITE trip generation estimates based on building gross square footage will be used to represent a worst-case traffic scenario. Because of the unique nature of the existing structure, some portions of the building were excluded from the gross square footage estimate. The analysis presents traffic generation estimates for two building square footages: • The building is proposed, at this time,to be expanded to 4,826 square feet. The analysis assumes that 3,075 square feet of the building could be reasonably used as office space, which does not include the greenhouse, the garage, or the storage areas that are accessible only from the garage. • The Conservation Easement on the property allows a building as large as 5,750 square feet on the property. The analysis assumes that 4,000 square feet of the building could be reasonably considered office space, which does not include the greenhouse,the garage, or the storage areas that are accessible only from the garage. It should be noted that the ITE Trip Generation equations are based on empirical data observed at locations that are typically much larger and less unique than the proposed WRC. The ITE provides the following guidance: Some of the regression curves plotted for this land use may produce illogical trip- end estimates for small office buildings. When the proposed site size is significantly smaller than the average-sized facility published in this report, caution should be used when applying these statistics. The ITE Trip Generation data for trips by number of employees is based on a sample size of 62 office buildings with an average of 610 employees each. The ITE Trip Generation by gross square footage data is based on a sample size of 78 sites with an average building size of 199,000 square feet. Proper engineering judgment must be used to evaluate the estimates and determine their reasonableness. The estimates presented here using the ITE Trip Generation methods should be understood to represent a wide range of possible traffic volumes generated by the WRC. The results of the ITE Trip Generation estimates are shown in Table 1. For comparison purposes, estimates are presented using both the fitted-curve equation method and the average method. Both methods are approved by the ITE Trip Generation guidelines, and engineering judgment must be used to determine which method more accurately represents the anticipated reality. Kaerwer Property Traffic Analysis December 10, 2010 Page 4 Table 1: ITE Trip Generation Estimates- Land Use Category 710: General Office Building ESTIMATE BASED ON NUMBER OF EMPLOYEES By Fitted Curve Equation Method By Average Method Number of Employees AM Peak PM Peak Daily AM Peak PM Peak Daily 2 2 N/A* 17 1 1 7 3 3 N/A* 23 1 1 10 ESTIMATE BASED ON BUILDING GROSS SQUARE FOOTAGE 1,000 s.f.Gross Foor By Fitted Curve Equation Method By Average Method Area AM Peak PM Peak Daily AM Peak PM Peak Daily 3.075 N/A* N/A* N/A* 5 5 34 4.000 N/A* N/A* N/A* 6 6 44 *Curve yields unreasonable results To estimate the anticipated growth in traffic due to the proposed WRC, we must also calculate the anticipated number of trips generated by the existing land use. The ITE Trip Generation Land Use Category 210 (Single-Family Detached Housing) estimates that a single-family home will generate approximately ten trips per day. Using our experienced engineering judgment, it is anticipated that under worst-case traffic conditions, the WRC will generate an average of 30 to 40 daily trips. It is anticipated that with three full-time employees,the WRC will generate an average of ten to 20 daily trips,an increase of zero to ten trips per day compared to the existing single-family home. It should also be noted that not all of the daily trips anticipated for the WRC property necessarily reflect additional vehicles entering the surrounding neighborhood. Package delivery vehicles,for example, may already be circulating throughout the residential streets making other deliveries in addition to stopping at the proposed WRC. Event Trips In addition to the daily trips generated by the property,the WRC is also anticipated to generate trips associated with group meetings. Large meetings or public hearings will be held at one of the nearby City Halls or elsewhere within the Watershed District. The previous traffic analysis memorandum dated June 3, 2010, indicated that the following meetings are typically held at the WRC offices: • Meetings with staff from City and State agencies; during normal business hours (7:30 a.m.—4:30 p.m., weekdays); 15-20 persons maximum. • Citizen Advisory Committee; second Wednesday of each month at 6:30 p.m.; ten-15 persons maximum. The NMCWD will hold up to 16 Citizen Advisory Committee meetings per year. • Board of Managers Meeting; third Wednesday of each month at 7:00 p.m.; one to ten persons maximum (in addition to the Board of Managers, staff, and consultants) The NMCWD will hold up to 16 Board meetings per year. • Neighborhood Advisory Group meetings. The NMCWD will hold up to eight (8) meetings per year with the neighborhood to discuss any issues that the neighborhood may have regarding operations of the NMCWD office at this location. Kaerwer Property Traffic Analysis December 10, 2010 Page 5 The analysis for event traffic focuses on the traffic impacts of a single event. The meetings identified above are not expected to overlap;therefore,the traffic impacts associated with each meeting are independent events. The traffic impacts will not change although the frequency of impacts may change. Traffic associated with meetings does not typically exhibit a substantial level of carpooling—especially for evening meetings. It is reasonable to assume that all persons attending meetings arrive separately. It is also typical for persons to arrive at and leave the property within a short period of time before and after the meeting. For a meeting with 20 persons in attendance (the largest meeting anticipated at the WRC), it is reasonable to assume that 20 vehicles will arrive at the property within the 15-minute period before the meeting is scheduled to begin and that 20 vehicles will exit the property within the 15- minute period after the event ends. Property Access and Impacts to Surrounding Roadways Figure 2 displays the immediate areas adjacent to the Kaerwer property,the existing traffic volumes on adjacent roadways, and the intersection control at several intersections. Access to the property is provided on the south side of the property by a driveway near the intersection of Gerard Drive and Topview Road. Vehicles will generally access the Kaerwer property using one of two routes: • Vehicles traveling northbound or southbound on Baker Road (CSAH 60) will turn east onto Roberts Drive and then turn north onto Gerard Drive. • Vehicles traveling eastbound or westbound on Valley View Road (CSAH 39)will turn north onto Topview Road. After proceeding north through the intersection with Roberts Drive, vehicles will continue north on Gordon Drive and turn west onto Gerard Drive. It is not anticipated that a substantial number of vehicles will use Topview Road between Gerard Drive and Gordon Drive. The NMCWD has indicated that all published directions will recommend visitors access the WRC using the Baker Road/Roberts Drive route. Based on the distribution of existing traffic on Roberts Drive and Topview Drive, it is anticipated that 60 percent of vehicles will access the WRC using Baker Road (CSAH 60) and Roberts Drive. The remaining 40 percent of the vehicles will access the WRC using Valley View Road (CSAH 39) and Topview Road. Kaerwer Property Traffic Analysis December 10, 2010 Page 6 nay , 1 4 1.V I a .� r 1_ a. ` ` .r A 3 'Iy.. t, y yam:0 ,, ..� A; y. Q 4 • ;; •roperty . 1�' ' t �, :r .}`1 i'1.. 51ao erarppr•"0ls ' l F! 'P. 4 9 !rF! .. r STOP '�:•s. ' 7=cl7.\1.- ;,_ g. �'. Ro.`tts o AADT y°�� T� o. 5� ti' �P I -0, , - I. '..i . I, , . ; '' ''' 'I 4,e it a�c . :; rl -'..- • , -. rel:'S".P ' ...' - . '' -40', c .S • ' 4. + ti } 2,350 AADT x -2 \ 'e Y ! f nl: . 1:. - f• 'gy \, 4 - - t .rle.' •�'.1,:.- -ten' I 9\`11.N — _, -- `' s k a ' r �Y r,',,gc - do7. 39 _ • ? t- . :L, J ,s _ i i , 1 --.:_-- . .;•1; .1 - %-- . ,-, ,_ A,-- .:..k. /- ,,, ..-. 'r .ri -. -' --_ �, ,} ._. �1�f 4_ —._ . ._,— Figure 2: Property Access and Adjacent Roadways The additional traffic generated by the proposed WRC will potentially have an impact on four key intersections: • Baker Road (CSAH 60)/Roberts Drive- Baker Road is a four-lane undivided roadway carrying 9,800 vehicles per day. Roberts Drive is a two-lane undivided roadway carrying 1,350 vehicles per day. The intersection is thru-stop controlled and there are no turn lanes present. • Roberts Drive/Gerard Drive-Gerard drive is a two-lane undivided roadway estimated to carry less than 1,000 vehicles per day. Roberts drive is primarily a two-lane undivided roadway carrying 2,050 vehicles per day. In the eastbound direction, Roberts Drive has an auxiliary lane extending 100 feet in both directions from Gerard Drive used primarily for right-turning vehicles. The intersection is thru-stop controlled. Kaerwer Property Traffic Analysis December 10, 2010 Page 7 • Roberts Drive/Topview Road - Roberts Drive is a two-lane undivided roadway carrying 2,050 vehicles per day. Topview Road is a two-lane undivided roadway carrying 2,350 vehicles per day. The eastbound, westbound, and southbound approaches to this intersection are stop controlled. The northbound approach does not stop. There are no turn lanes at this intersection. • Valley View Road (CSAH 39)/Topview Road/Plaza Drive-Valley View Road is a four-lane divided roadway carrying 12,900 vehicles per day. Topview Road is a two-lane undivided roadway carrying 2,350 vehicles per day. Plaza Drive is a four-lane undivided roadway. The westbound approach has left-and right-turn lanes, and the eastbound approach has a left-turn lane. The intersection is signal controlled. During the AM and PM peak hours,the WRC is not anticipated to contribute more than three vehicles to each of these four intersections. Immediately following a meeting with 20 persons in attendance,the WRC is anticipated to contribute eight vehicles to the Roberts Drive/Topview Road and Valley View Road/Topview Road intersections and 12 vehicles to the Baker Road/Roberts Drive and Gerard Drive/Roberts Drive intersections within a 15-minute period. The increased traffic caused by the WRC on the adjacent roadways and intersections is not anticipated to contribute to any new roadway capacity or operations challenges to the existing roadway network. Parking The NMCWD has indicated that the proposed site plan is able to accommodate up to 25 parked vehicles on site. It is anticipated that 25 parking stalls will be sufficient to meet the demand for parking at the WRC during the worst-case conditions described above. Conclusions and Recommendations Based on the analysis presented here, it is concluded that the increased traffic volumes resulting from the proposed WRC do not pose any new capacity or operation challenges to the existing roadway network. No additional roadway capacity is required to accommodate the additional trips. No modifications to intersection control or geometry are recommended. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Mary Krause Resolution Approving Extension of Public Works/Engineering Conditional Use License Agreement No. A12099 with Hennepin County for Provision of Electronic Data for Mapping Purposes Requested Action Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with Hennepin County from December 31, 2010 to December 31, 2011 for electronic geographical digitized data for use in mapping of the City. Synopsis Hennepin County has provided electronic digitized half-section map data to the City of Eden Prairie. The City uses this data to produce mapping. The original Agreement was approved by Council on February, 2, 1999. Attachments • Resolution • Hennepin County Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011 - EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT No. A12099 WITH HENNEPIN COUNTY FOR THE PROVISION OF ELECTRONIC DATA FOR MAPPING PURPOSES WHEREAS, a Conditional Use Agreement has been previously approved which identifies the obligations regarding the transfer and use of electronic digitized data files for use in mapping; and WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use License Agreement. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie That said extension of C onditional Use License Agreement is hereby approved and the Mayor and C ity M anager are authorized t o ex ecute the ex tension o f the agreement o n behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 18, 2011. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk Hennepin County Taxpayer Services Department Hennepin Survey Division - Suite A-703 612.348.3131 Phone Hennepin County Government Center 612.348.2837 Fax Minneapolis, Minnesota 55487 www.co.hennepin.mn.us December 10, 2010 Mary Krause, Design Engineering City of Eden Prairie 8080 Mitchell Rd. Agreement# A12099 Eden Prairie, MN 55344-2230 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31, 2011. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement, the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County, Attention: Robert Moulder (at the address stated at the top of this page). A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MUST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. THROUGH THE YEAR 2011. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement through the year 2011. Please return the originals of this page and the acknowledgement page and a copy of affirmation as Consultant/Third Party,as required,to the attention of Robert Moulder at the address shown at the top of page 1 as sgon as possible. Please check (X) appropriate box. >/It is!our intention to extend this agreement through the year 2011. It is NOT our intention to extend this agreement through the year 2011. We rio longer require this information. Signature: Date: Authorized Signature Title: If you have any questions about this notice,please call Robert Moulder at 612-348-2618 for assistance. Sincerely, Richard P. Johnson County Administrator CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011 - APPROVAL OF THE EASEMENT AGREEMENT WITH REALTY INCOME PROPERTIES 3, LLC, FOR INGRESS AND EGRESS OVER, ACROSS AND UPON CITY PROPERTY WHEREAS, an Easement Agreement has been proposed granting Realty Income Properties 3, LLC, easement over, across and upon the City's property legally described as Outlot A, Mitchell Lake Estates 2nd Addition for ingress and egress their property legally described as Lot 1, Block 1, Ashland Oil; and WHEREAS, the City Engineer and the City Attorney recommend approval of the execution of said Easement Agreement. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Eden Prairie That said Easement Agreement is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on January 18, 2011. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EASEMENT AGREEMENT This Easement Agreement("Agreement") is entered into this S day of {30,4 J ALE, , 2011 by and between the City of Eden Prairie, a Minnesota municipal corporation ("Grantor"), and Realty Income Properties 3, LLC, a Delaware limited liability company, and its successors and assigns ("Grantee"). Grantor and Grantee may individually be referred to herein as "Party" and collectively as "Parties". WHEREAS, Grantor is the owner of that certain property legally described as Outlot A, Mitchell Lake Estates 2"d Addition, Hennepin County, Minnesota ("Grantor Parcel"); WHEREAS, Grantee is the owner of that certain property legally described as Lot 1, Block 1, Ashland Oil Addition, Hennepin County, Minnesota, except that part of said Lot 1 shown as Parcel 212K on Minnesota Department of Transportation Right of Way Plat Numbered 27-45 as the same is on file and of record in the office of the Registrar of Titles ("Grantee Parcel"); WHEREAS, the Grantor Parcel contains a driveway that connects the Grantee Parcel to Terrey Pine Court; WHEREAS, the Grantee Parcel is not benefitted by an easement over, across and upon the Grantor Parcel for purposes of ingress and egress to and from the Grantee Parcel; and WHEREAS, Grantee desires to receive from Grantor and the Grantor desires to convey and grant to Grantee and its employees, customers, tenants, agents and invitees an easement over and across the Grantor Parcel for pedestrian and vehicular ingress and egress purposes pursuant to the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1) Grant of Easement. Grantor hereby grants and conveys to Grantee and its employees, customers, tenants, agents and invitees a non-exclusive appurtenant easement over, across and upon the Grantor Parcel for pedestrian and vehicular ingress and egress purposes (the 1 "Easement"). The Easement granted hereby shall in no event be construed to create any rights to park motor vehicles upon any portion of the Grantor Parcel. 2) Maintenance. The Grantor Parcel shall be maintained by Grantee in a smooth, clean, orderly, safe and good state of repair and condition, and in compliance with all applicable ordinances, laws, rules and regulations. All maintenance for the Grantor Parcel, including, but not limited to, cleaning sweeping, plowing, striping, re-sealing, sanding, salting, patching and repair, shall be at Grantee's sole cost and expense. 3) Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, shall be deemed to run with the land and shall be binding upon and inure to the benefit of the Grantor and Grantee and their respective successors and assigns. 4) Indemnification. Grantee shall indemnify and defend Grantor against any and all damages, liabilities, losses, actions, claims, costs and expenses by reason of injury to persons or damage to property arising from or related to use of the Easement, maintenance activities or failure to comply with the provisions of this Agreement. 5) Non-Dedication. Nothing contained herein shall be construed or deemed to be a dedication, express or implied, of any property affected hereby, or any portion thereof, to the general public or for any public use or purpose whatsoever. 6) Reasonable Costs and Attorneys' Fees. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, then the prevailing Party in any such action or proceeding shall be entitled to recover from the losing Party in any such action or proceeding its reasonable costs and attorneys' fees (including reasonable costs and attorneys' fees on appeal or in enforcing any judgment awarded to the prevailing Party). 7) Limitation of Remedies. In the event of a breach of this Agreement by Grantor, Grantee shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 8) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 9) Amendments. This Agreement may only be amended by an instrument in writing which is signed by the Parties or their respective 2 successors or assigns. Any amendment must be recorded to be effective. 10) Severability. If any provision of this Agreement is found by a Court of competent jurisdiction to be illegal, invalid or unenforceable, the remainder of this Agreement will not be affected, and in lieu of each provisions that is found to be illegal, invalid or unenforceable, a provision will be added as part of this Agreement that is as similar to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable. 11) Governing Law. This Agreement shall be deemed to be made and executed under the laws of the State of Minnesota and for all purposes shall be governed and construed in accordance with the laws of the State of Minnesota without reference to the choice of law doctrine of any state. [Signatures on following page] 3 IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first stated above. THE CITY OF EDEN PRAIRIE By: Its: Mayor By: Its: City Manager Dated: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on , 2011, by and , the Mayor and City Manager, respectively, of the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota, on behalf of said corporation. Notary Public 4 REALTY INCOME PROPERTIES 3, LLC, a Delaware limited liability company By: REALTY INCOME CORPORATION, a Maryland corporation, its sole and managing member By: vklit -- Its: l Pfeiffer r Executiv ice President Dated: Ij51 I I General Counsel App v As To Form Le I apartment TE OF ) ss. COUNT ) S� E. RI-7Ft E- This instrument was ackno dged before me on , 2011, by , of Realty Income Properties 3, LLC, a Delaware limited . o'lity comp. , organized under the laws of the State of Delaware, on behalf of the company. Notary Public Drafted By: Gregerson, Rosow, Johnson &Nilan, Ltd. 650 Third Street Ave So, Suite 1600 Minneapolis, MN 55402 P:\home11613.271-SuperAmerica Easement\DOcuments\EASEMENT AGREEMENT 2011 01 04(clean).doc 5 (ACKNOWLEDGMENT) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On January 5, 2011 before me, Susan Busch, Notary Public, personally appeared Michael R. Pfeiffer, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - ' " " '" " '" " SUSAN BUSCH Commission # 177862a /� Notary Public - California + Q,t (Notary Seal) San Diego County Signature of Notary Public Comm. resNova,aott CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #10-5782 ITEM NO.: VIII.E. Randy Newton Approve Professional Services Public Works/Engineering Agreement with WSB & Associates, Inc. for the design of the Valley View Road/Prairie Center Drive Intersection Improvements Requested Action Move to: Approve Professional Services Agreement with WSB &Associates, Inc. for the design of the Valley View Road/Prairie Center Drive Intersection Improvements. Synopsis This Professional Services Agreement will provide design services for the Valley View Road/ Prairie C enter D rive Intersection Improvements. T he pr oject i s tentatively scheduled f or construction this summer. Background Information The planned improvements to the Valley View Road/Prairie Center Drive intersection provide additional vehicle capacity by providing a second left-turn lane on the east(Valley View Road) approach to the intersection and a second westbound lane on Valley View Road as far back from the intersection as possible without constructing any significant retaining walls. The proposed improvement will help improve the congestion that is regularly encountered at this intersection during the evening rush hour. The proposed improvement will also include a median on Valley View Road and pedestrian improvements at the intersection. As part of the improvements it is anticipated that the new Flashing Yellow Arrow left turn signal indications will be used on both the Prairie Center Drive and Valley View Road approaches to the intersection. This is the new standard that both MnDOT and Hennepin County are using for left turn signals. They provide more flexibility in how left turns are operated and have been shown to be better understood by the driving public than traditional yield on green indications. Attached is MnDOT's informational flyer on the Flashing Yellow Arrow. Construction of the project is tentatively scheduled for the summer of 2011. However, depending on the specific construction impacts of this project and of the TH 169/1-494 project the construction schedule may be revised. Financial Implications The Professional Services Agreement with WSB has a total estimated cost of$55,000. This includes a$50,000 base estimate and a $5,000 contingency for potential and necessary additional scope work. The preliminary cost estimate for the project is $825,000 which includes all estimated project costs. As we move forward with the project and final the cost estimate we will determine the appropriate funding source for the project. Currently, we are considering grants, MSA, and the City Economic Development Fund. The final funding will likely be a mix of sources. Attachments • Professional Services Agreement • Flashing Yellow Arrow Brochure Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the 18th day of January , 20 11 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Design of the Valley View Road and Prairie Center Drive Intersection Improvements hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" ( Proposal Letter dated January 7, 2011 ) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from January 18, 2011 through July 31, 2011 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 55,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 1 Rev. 8-07-2009 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 2 Rev. 8-07-2009 6. Project Manager and Staffing. The Consultant has designated _Anthony Heppelmann and Sean Delmore to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- 3 Rev. 8-07-2009 discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for 4 Rev. 8-07-2009 damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. 5 Rev. 8-07-2009 g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of 6 Rev. 8-07-2009 Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally 7 Rev. 8-07-2009 between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: 8 ■ WSB it Assacialrs,inc. Engineering• Planning• Environmental•Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763 541-4800 Fax: 763 541-1700 January 7, 2011 Mr. Randy Newton, PE, PTOE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Valley View Road and Prairie Center Drive Intersection Improvements Dear Mr. Newton: This letter is to serve as a proposal by WSB &Associates, Inc. (WSB) to provide final design plans for the intersection improvements at the Valley View Road and Prairie Center Drive. The improvements are shown in the attached figure and include providing a second left-turn lane on the east(Valley View Road) approach to the intersection and a second westbound lane on Valley View Road as far back from the intersection as possible without constructing any significant retaining walls. The proposed roadway layout includes adding an extended median on Valley View Road to develop a dual westbound left, revising the location of the island, and shifting the right-turn lane to the north to accommodate the additional lane. The roadway improvements will include all pedestrian ramp revisions necessary to bring the intersection up to ADA standards and may include modifications to curb radii, medians on Prairie Center Drive, as well as widening the southbound leg to better accommodate vehicular movements. The work required under this project includes project management and coordination with various agencies, permits, survey work, a signal justification report, final plans, specifications, and assistance with bid documents. Final design of the revised signal system will include a review of existing signal infrastructure to determine what components of the existing signal may be reused. It will also include evaluation and coordination with Mn/DOT relative to split phasing on the Valley View leg versus a permissive left with flashing yellow arrow. If flashing yellow arrows are used for the north and south approaches, the signal at Prairie Center Drive and Viking Drive will be revised to provide for consistency in design. Scope of Services The tasks that will be completed for this study include the following: 1. Project Management—WSB will coordinate the design of this project with the City of Eden Prairie, private utilities, and the appropriate permitting agencies. Minneapolis•St. Cloud Equal Opportunity Employer Mr.Randy Newton,PE PTOE Valley View Road and Prairie Center Drive January 7,2010 Page 2 2. Determine future infrastructure needs—This task includes the necessary survey work re- quired for the intersection improvements as well as review of the existing as-built plans to determine a cost-effective solution that will utilize existing signal infrastructure and minimize the cost of the intersection improvements up to and including a completely new signal system at Prairie Center Drive and Valley View Road and design modifications that may be necessary at Prairie Center Drive and Viking Drive. This task also includes assisting with the identification of soil boring locations and coordination with the testing firm responsible for soil borings. 3. Determine drainage needs—Address any needs associated with the increase in imper- vious area and median installation. • NPDES Construction Stormwater Permit/SWPPP • Nine Mile Creek WD Permit 4. Signal Justification Report—WSB will utilize existing counts and forecasts to develop the revised signal justification report for the revised signal system. 5. Final Plans, Specifications, and Estimates—WSB will develop final plan, specifications, and estimates consistent with State Aid Standards. A general overview of the anticipated plan elements is outlined below: • Removal plan • Intersection Details • Quantity Tabulations and Earthwork Tabulations • Typical sections, alignment, profile, and cross-sections • Staging and Traffic Control Sheet(s) • Signing and striping plans including tabulations and details • Revised signal plans • Bidding Schedule and Estimated Quantities, Cost • Drainage Plans 6. Design Coordination Meetings—WSB will meet with City staff three times during the project. The first meeting will be held to discuss existing signal infrastructure, operational issues, and discuss the desired improvements. The second meeting will be held to review the proposed solution and allow for City feedback prior to moving forward with final design. The last meeting will be to provide the City with an opportunity for review and comment prior to receiving a 100% Plan Submittal. WSB will prepare a concept layout and meet with Mn/DOT up to two times during the project to discuss the intersection layout and signal timing. We will also hold up to three separate coordination meetings with the private utility owners to verify utility relocation plans for the intersection and the appropriate permitting agencies. 7. Prepare Project Manual—This will include the technical specifications, the Instructions to Bidders, and the Contract conditions. Mr.Randy Newton,PE PTOE Valley View Road and Prairie Center Drive January 7,2010 Page 3 8. Bidding Administration—Bidding Administration will include the following: • Prepare Advertisement • Distribute Bidding Documents • Answer Questions • Prepare, issue and distribute addenda • Attend bid opening Cost Estimate The table on the following page provides a breakdown of the estimated hours and costs, by task, to complete the design. The estimated, not-to-exceed cost is $50,000. WSB &Associates, Inc. will bill for the actual hours worked by each employee classification at the attached hourly rates up to the maximum of$50,000. Due to the nature of this design work and the potential for additional scope of work that could become necessary, WSB is recommending a $5,000 contingency be provided on the design cost. We understand use of the contingency must be for documented additional scope work and must be pre-approved by the City's project manager. Schedule WSB &Associates, Inc. will complete all work on this project by April 29, 2011. Staffing I will serve as project manager and be responsible for the development of the final plans. Sean Delmore will be responsible for the signal justification report and final signal and roadway design plans. If you have any questions regarding this proposal, please call me at 763-287-7199. Sincerely, WSB &Associates,Inc. ‘411V Anthony Heppelmann, PE, PTOE Vice President Enclosure v •/ i Ra,�p to r . _ 2/214;I . . i \ • _.\ ___. /--4 ate, �- __ _ _ Fes, C;' r , , to* ., . - - .. -,.. ., ,, ..-,, •• •,.: , .,,,,,i - _ . • _, . -..---0---wai-v—Ar; • ' / l 'I 50'Rt - • \ tON `1` CONSTRUCTION LIMITS Q��\t 74' ------ 4° CURVE (1432'R) ., _ �__: CURVE (1 432`R•)•' ..x.r.. e =' �+ t 1 ---_ — 16 LANE Valley View Road tr • r - '- -_--_ . EXISTI G TRAIL TO REMAIN INPLA•. c Design Vehicle ' . '- ' = - - 15.00 48.00 • r J !� - r r ri '- 4- a.00 40.50wifil- F # =,, - �I�..o . 0.00 tY • r - o 4.00 19.50 w6-sz feet �F Tractor WSdth :8.00 Lock to Lack Time :6.00 Trailer Nhdth :8.50 Steering Angle :28,40 Tractor Track :8.00 Articulating Angle :70.00 - / . o Trailer Track :8.50 .. _, ,. -• - T.H.212 at Valley View Road Figure 31 mE Interchange Study Valley View Road I Prairie Center Drive Intersection Improvement TABLE 1 ESTIMATED COSTS Valley View Road and Prairie Center Drive Intersection Improvements ESTIMATED HOURS Project Manager/Sr. Project Survey Task WORK TASKS Engineer Engineer Tech Crew Clerical Total Cost 1. Project Management 32 16 0 0 48� $ 5,344.00 2. Determine Future Infrastructure Needs 10 14 16 12 0 52 $ 5,554.00 3. Determine Drainage Needs 4 20 0 0 24 $ 2,324.00 4. Signal Justification Report 4 16 4 5 29 $ 2,610.00 5. Final Plans, Spec., and Estimate 40 80 120 24 264 $ 24,008.00 6. Design Coordination Meetings 24 24 0 0 48 $ 5,112.00 7. Prepare Project Manual 4 16 0 16 36 $ 2,948.00 8. Bidding Administration 8 12 0 0 20 $ 2,072.00 TOTAL HOURS 126 198 140 12 45 521 $ 49,972.00 Avg. Hourly Rate $ 121.00 $ 92.00 $ 86.00 $140 $ 62.00 Estimated Labor Costs $ 15,246.00 $ 18,216.00 $ 12,040.00 $ 1,680.00 $ 2,790.00 $ 49,972.00 $ 49,972.00 Contingency @ 10% $5,000 Total Estimated Cost $ 54,972.00 ■■ •■■ ■■ ■■ 2011 Rate Schedule o Billing L/1 Rate/Hour ITJ Principal $134.00 Associate $126.00 Sr. Project Manager/Sr. Project Engineer $121.00 Project Manager II/Project Engineer III/Engineering Specialist IV $112.00 Project Manager/Project Engineer II/Engineering Specialist III $105.00 Project Engineer/Registered Land Surveyor/Engineering Specialist II $96.00 Graduate Engineer II/Engineering Specialist I/Sr. Construction Observer $86.00 Graduate Engineer/Engineering Technician V/Construction Observer $76.00 Planner $72.00 Engineering Technician IV/Scientist III $68.00 Engineering Technician III/Scientist II $62.00 Engineering Technician II/Scientist I $56.00 Engineering Technician I $49.00 Office Technician II $62.00 Office Technician I $33.00 Survey (Two-Person Crew/GPS Crew) $140.00 Survey (Three-Person Crew/Expanded GPS Crew) $167.00 Costs associated with word processing, vehicle mileage, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. A WSB ...�.. D4�NN .ES07 a F ' �Qp OF TR P" rC- A safer, more efficient 4111 1 <-4,- left-turn A safer, more efficient r signal • left-turn signal • Safer A national study demonstrated that drivers found lir flashing yellow left-turn arrows more understand- able than traditional yield-on-green indications (individual traffic signal lights). Less delay There are more opportunities to make a left turn with the flashing yellow left-turn arrow than with Minnesota Department of Transportation the traditional three-arrow, red, yellow and green Office of Traffic, Safety and Technology indications. 1500 West County Road B2 Roseville, MN 55113 More flexibility Jerry Kotzenmacher The new traffic signals provide traffic engineers Phone: 651-234-7054 with more options to handle variable traffic volumes.. E-mail: jerry.kotzenmacher@state.mn.us ® 000 © eo What the arrows mean Flashing yellow arrow benefits A flashing yellow arrow signal has the same Solid red arrow: meaning it always has: left turns may proceed f Drivers intending to turn left with caution after yielding to oncoming traffic. 0 must stop and wait. They should not enter an intersection to turn when a solid red arrow is being ‘.._- r/�1 displayed. A better left- In the past, flashing yellow arrows in Minnesota turn signal Solid yellow arrow: were only used when the entire traffic signal was (_ �� The left-turn signal is about to in flash-mode. Use of the flashing yellow arrow / Flashing yellow arrow change to red and drivers has been shown to have several benefits includ- / • signals have been shown should prepare to stop or ingminimizingdelays and enhancingsafety prepare to complete a left turn y by *• to help drivers make rAlikl if they are legally within the reducing driver errors. Flashing yellow arrow •;•�■"' fewer mistakes. They keep intersection and there is no signals have been approved for widespread use • motorists safer during conflicting traffic present. by the Federal Highway Administration.. heavy traffic and reduce delays when traffic is light. Where will the flashing yellow 0 Flashing yellow arrow: KMDrivers are allowed to turn left arrow be used? after yielding to all oncoming �•.' traffic and to any pedestrians in The majority of newly installed Mn/DOT traffic • . the crosswalk. Oncoming traffic signals will have the flashing yellow arrow option. has a green light. Drivers must The flashing yellow arrow will operate when r/I1 wait for a safe gap in oncoming certain conditions exist, such as low volume and traffic before turning. low speed traffic. u Solid green arrow: 0 Left turns have the right of way. Oncoming traffic has a red light. #ON3z ?stwatiin...0No' 1 b11mi ltt CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Paul Sticha Award Contract for Construction of Facilities "Shell" for Complete Nutrition and new common area Requested Action Move to: Award Contract to Diversified Construction for construction of the "shell space" for Complete Nutrition and a new common area in the Den Road Liquor Store. Synopsis Diversified Construction $67,965.00 Integrity Remodeling $82,678.27 • Complete Nutrition is the first tenant to sign a lease for a portion of the vacancy left when Hollywood Video vacated that space in the Den Road Liquor Store in 2010. • Plans and specifications were prepared for Complete Nutrition by NAI Architects. • Proposals were received and opened on Monday, January 10, 2011. • The low proposal from Diversified Construction was reviewed by staff and found to be complete. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. George Esbensen, Fire Chief Adopt Hennepin County All-Hazard Mitigation Plan Requested Action Move to: Adopt Resolution approving Hennepin County All-Hazard Mitigation Plan. Synopsis Hennepin County's All-Hazard Mitigation Plan has been tentatively approved by FEMA pending the approval by the local jurisdictions within Hennepin County of the Hennepin County Plan. As the City's Emergency preparedness Director, I have reviewed the plan and find it acceptable. Background Information The Hennepin County Multi-Jurisdictional All-Hazards Mitigation Plan was reviewed by FEMA based on the local criteria contained in 44 CFR Part 201, as authorized by the Disaster Mitigation Act of 2000, and has met all the criteria for a multi jurisdictional hazard mitigation plan. Meeting these criteria has given us an"approved pending adoption" status. In order for Hennepin County to receive formal approval of the plan, there needs to be adoption by both Hennepin County and the participating jurisdictions. Hennepin County Emergency Preparedness has received approval from the County Board. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS,the City of Eden Prairie has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS,the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS,the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS,the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS,the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS,the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and WHEREAS,the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS,the Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS,this is a multi jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Eden Prairie supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard Mitigation Plan. ADOPTED,by the City Council of the City of Eden Prairie, on the 18th day of January, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. George Esbensen, Fire Chief Approve Amendment to Fire Relief Association Bylaws Requested Action Move to: Approve Amendment to Eden Prairie Firefighter Relief Association Bylaws Synopsis State law requires that the Council approve amendments to the Fire Relief Association Bylaws which increases or otherwise affect the retirement coverage provided by or the service pensions or retirement benefits payable from any relief association. Background Information Pursuant to state law, changes to the Firefighter Relief Association Bylaws which increases or otherwise affect the retirement coverage provided by or the service pensions or retirement benefits payable from any relief association must receive the approval of the City Council. The Association's attorney has prepared amendments to the Bylaws to bring them into conformance with 2010 law changes. The Summary addresses the Proposed Changes. The first group four amendments are procedural or statutorily required and affect only how the Association operates as an entity. Those changes are: (1)required plan description; (2) conforming the language on municipal trustees to the statute; (3) changing the means of providing notice to members,including the option of email; and(4)stylistic changes of a non-substantive nature. The second group of amendments are more substantive and address: (1)a simplification of the required time of service after a break in service in order to qualify for the increase in pension benefits during the break;(2)clarification of service credits during a leave of absence; (3) clarification of eligibility for disability benefits; and (4) extending the surviving spouse definition to deferred members. The City Attorney's office reviewed the changes. A Summary of the proposed changes prepared by the Association and the proposed Amended Bylaws are attached. Attachment Amended Bylaws of Eden Prairie Fire Relief Association Summary of Proposed Changes Eden Prairie Firefighter Relief Association Bylaws TABLE OF CONTENTS PAGE ARTICLE I-NAME 1 ARTICLE II-PURPOSE 1 ARTICLE III-GENERAL DEFINITIONS 2 1. SURVIVING SPOUSE 2 2. FIDUCIARY RESPONSIBILITY 2 3. BENEFICIARY 2 4. BOARD OF TRUSTEES 2 5. CALCULATION OF QUALIFYING YEARS 2 6. BREAK IN SERVICE 2 7. YEARS OF ACTIVE SERVICE 3 8. ACTIVE SERVICE 3 9. TRUSTEES 3 10. DOMESTIC RELATIONS ORDER 3 11. PERSONAL LEAVE 3 12. MILITARY LEAVE 3 13. MEDICAL LEAVE 3 ARTICLE IV-MEMBERSHIP 4 1. QUALIFICATION FOR MEMBERSHIP 4 2. APPLICATION FOR MEMBERSHIP 4 3. TERMINATION OF MEMBERSHIP 4 4. CATEGORIES OF MEMBERSHIP 4 5. VOTING PRIVILEGES 5 ARTICLE V-BOARD OF TRUSTEES 6 1. COMPOSITION OF BOARD 6 2. TERMS OF TRUSTEES 6 3. OFFICERS OF BOARD 6 4. REMOVAL OF TRUSTEE OR OFFICER 6 ARTICLE VI-DUTIES OF OFFICERS 8 1. PRESIDENT 8 2. VICE-PRESIDENT 8 3. SECRETARY 8 4. TREASURER 8 ARTICLE VII-MEETINGS 10 1. ANNUAL MEETING 10 2. REGULAR MEETINGS OF THE BOARD OF TRUSTEES 10 3. SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD 10 4. QUORUM 10 5. REPORTS AND RESOLUTIONS 10 6. ADOPTION OF ROBERT'S RULES 10 7. ORDER OF BUSINESS 10 8. LOCATION 11 ARTICLE VIII-INVESTMENTS 12 1. TRUSTEES'DUTIES 12 2. RESPONSIBILITIES OF TRUSTEES 12 3. INVESTMENT COMMITTEE 12 i 4. RESTRICTIONS TO BROKERS 12 5. EDUCATION PLAN 12 ARTICLE IX-PENSION BENEFITS 13 1. ACTIVE DUTY AND AGE REQUIREMENTS 13 2. DEFERRED MEMBER 13 3. PENSION BENEFIT 13 4. DEFINITION OF ACTIVE FIREFIGHTER 14 5. VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE 14 6. FUTURE INCREASES IN BENEFITS 14 7. APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT 14 8. APPROVAL 15 9. NOTICE OF INTENT TO RETIRE 15 ARTICLE X-ANCILLARY BENEFITS 16 1. ELIGIBILITY 16 2. DISABILITY DEFINED 16 3. REPORTS REQUIRED 16 4. DISABILITY OR PENSION BENEFITS 16 5. PROOF OF DISABILITY 16 6. GRIEVANCE PROCEDURE 16 7. CALCULATION OF BENEFIT 16 8. ENTITLEMENT TO FUTURE INCREASES 17 ARTICLE XI-DEATH BENEFIT 18 1. ENTITLEMENT TO BENEFIT 18 2. TERMINATION OF CHILDREN'S BENEFIT 18 3. ENTITLEMENT TO FUTURE INCREASES 18 ARTICLE XII-APPLICATION FOR DISABILITY AND DEATH BENEFITS 19 1. DISABILITY BENEFIT APPLICATION 19 2. DEATH BENEFIT APPLICATION 19 3. ACTION ON APPLICATIONS 19 ARTICLE XIII-SUPPLEMENTAL BENEFIT 19 1. PAYMENT OF SUPPLEMENTAL BENEFIT 19 ARTICLE XIV-FUNDS 19 1. ALLOCATION 19 2. GENERAL FUND 20 3. SPECIAL FUND 20 4. METHOD OF DISBURSEMENT 20 5. DEPOSIT OF FUNDS 20 ARTICLE XV-TIMING AND MODES OF DISTRIBUTION 21 1. DISTRIBUTION CHOICES 21 2. IRA ROLLOVER 21 ARTICLE XVI-PROCEDURE FOR REVIEW 21 1. ENTITLEMENT TO APPEAL 21 2. UN-APPROVED APPLICATION 21 3. SPECIAL MEETING FOR APPEAL 21 ARTICLE XVII-LIMITS ON BENEFITS 22 1. DOMESTIC RELATIONS ORDER 22 ii 2. GARNISHMENT,JUDGMENT OR LEGAL PROCESS 22 3. ASSIGNMENT OF BENEFITS 22 4. LIMITATIONS ON ANCILLARY BENEFITS 22 5. BENEFIT LIMITATIONS 22 ARTICLE XVIII-AMENDMENTS 23 1. AMENDING THE BYLAWS 23 ARTICLE XIX-NOTICE 23 1. AMENDMENT NOTICES 23 ARTICLE XX-EFFECTIVE DATE 23 I;H Article I - Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association. Article II - Purpose This in strument c onstitutes the b ylaws o f th e E den Prairie Firefighter Relief A ssociation, hereinafter referred to as "Association," adopted for the purpose of regulating and managing the internal affairs of the c orporation and s hall s erve a s the written pension pl an for the A ssociation. T he A ssociation i s a governmental entity t hat r eceives and m anages publ is m oney t o pr ovide r etirement b enefits f or individuals providing the governmental services of fire fighting. The Association is a defined benefit relief a ssociation s ubject t o M innesota s tatutes 69.771 t o 69.774, 42 4A.015 a nd 424A .02. The objectives of t he pl an s hall be t o pr ovide s ervice p ensions an d an cillary b enefits t o m embers an d dependents o f t he E den P rairie M unicipal F ire D epartment, h ereinafter"F ire D epartment". T hese bylaws and federal and state laws shall govern all benefits issued by this Association. EPFRA 1 Article III - General Definitions 1. Surviving Spouse The term"surviving spouse"means any person who was the dependent spouse of a deceased active member, deferred member, or retired former member 1 iving with the member at the time o f the death of the active member, deferred member, or retired former member for at least one year prior to the date on which the member terminated active service and membership. 2. Fiduciary responsibility In the discharge of their respective duties, the officers and trustees shall be held to the standard of care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with Minn. S tat. 356A. N o trustee of the A ssociation s hall c ause the A ssociation t o engage i n a transaction, i f t he trustee knows or s hould kn ow t hat a t ransaction c onstitutes one of t he following direct or indirect transactions: a) sale o r e xchange o r 1 easing o fan y r eal p roperty b etween t he A ssociation an d a b oard member; b) lending of money or other extension of credit between the Association and a board member or member of the Association; c) furnishing of goods, services, or facilities between the Association and a board member; or d) transfer to a board member, or use by or for the benefit of a board member, of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. 3. Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant. 4. Board of Trustees The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be six member elected trustees and three municipal trustees. 5. Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 co mplete m onths. I fa m embers' p eriod o f s ervice a s an act ive firefighter h as not b een continuous,parts of years m ay be a dded t ogether t o c alculate full years. In a ddition, parts of months m ay be a dded t ogether t o c alculate full m onths,pr ovided,h owever,t hat i n s uch a calculation it shall be assumed that 30 days equals a full month. 6. Break in Service Any member returning from a break in service must remain in active service for at least five years in order to qualify for any pension increases having occurred during the time of the break in service. If this requirement is not met prior to the individual's resignation,the retirement benefits will revert to those in effect at such time the break in service began. A break in service does not include an approved leave of absence,pursuant to these bylaws or state law. EPFRA 2 7. Years of Active Service For purposes of computing benefits or service pensions payable, a year of service shall be defined as a period of 12 full months of active service in the fire department. 8. Active Service The a ctive pe rformance of f ire s uppression or pr evention dut ies or t he s upervision of f ire suppression or prevention duties. P erformance of such suppression, prevention or supervision shall not qualify as "active service"unless the firefighter meets all the rules and regulations of the fire department during such service. 9. Trustees The individuals designated as such by Minn. Stat. 424A.04. 10. Domestic Relations Order Any j udgment, de cree o r or der( including a pproval of a property s ettlement a greement) that complies with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53. 11. Personal Leave An Active Member may be granted a personal leave of absence in accordance with the rules and regulations of the Fire Department. No credit shall be given for the period of the leave of absence. 12. Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law. To be eligible for credit from the Relief Association for his military service,the Member must return to active service with the Fire Department, and must not receive a dishonorable or bad conduct discharge from military service. 13. Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act, or other applicable federal or state law. EPFRA 3 Article IV - Membership 1. Qualification for Membership Any active me mber in good s tanding i n t he Fire Department s hall b e eligible to a pply for membership in the Association. 2. Application for Membership All a ctive me mbers o f the F ire D epartment a re e ligible f or me mbership in th e A ssociation. Application for membership shall b e made in writing on a form supplied by the Secretary of the Association and reviewed by the Board of Trustees for compliance with federal/state statutory and plan requirements within three(3)months of becoming an active member of the fire department. No applicant may be excluded except if the member i s under 18 y ears of age or has a medically determinable physical or mental impairment or condition that would c onstitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. 3. Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership,upon the occurrence of any of the following events: a) Termination or resignation from membership in the Fire Department prior to completion of the number of years as an active firefighter required for a service pension under these bylaws. b) Failure to comply w ith any provisions of these b ylaws or any dul y a dopted rules and regulations of the association. c) Any of her good cause for termination of m embership a s d etermined b y the B oard o f Trustees. 4. Categories of Membership Members of t his A ssociation s hall be classified i n one o f f our c ategories: r egular, de ferred, retired or disabled. These categories are defined as follows: a) Active Member: A member of the Association who is also an active firefighter of the Fire Department. b) Deferred Member• A m ember o f the Association who has (i) completed the number o f years as an active firefighter required for a service pension as provided in these bylaws, (ii)ha s c ompleted a m inimum of t en years a s a m ember i n g ood s tanding i n t he Association, and(iii) has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws. c) Retired Member: A m ember of t he A ssociation w ho i s dr awing a m onthly s ervice pension under applicable statutes and the bylaws of this Association. d) Disabled Member: A m ember o f this A ssociation who is receiving a disability b enefit under applicable statutes and the bylaws of this Association. EPFRA 4 5. Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. All votes,unless specified prior to the vote, shall be conducted by a voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote shall ask for a show of hands. EPFRA 5 Article V - Board of Trustees 1. Composition of Board The Board of Trustees shall consist of nine trustees. a) Member Elected Trustees: Six of the trustees shall be elected at the annual meeting of the Association from the Association's active members and shall serve for terms as specified in t his A rticle, or until their r espective s uccessors ha ve be en e lected. 0 ne of t he s ix elected members of the Board of Trustees may be a retired member, receiving a monthly service pension, who is elected by the membership of the Association. If there is not a retired member to fill the position of trustee, then that position may be filled by an active member. b) Municipal Trustees: The three municipal trustees shall be one elected municipal official and one e lected or a ppointed municipal o fficial w ho a re d esignated a s mu nicipal representatives by the City of Eden Prairie annually and the chief of the Fire Department. Municipal trustees s hall have all rights, duties and r esponsibilities of r egular trustees, including voting rights. 2. Terms of Trustees Two member elected trustees shall be elected for three-year terms at each annual meeting of the Association. If a vacancy of a trustee position occurs, that position shall be filled by election at a special me eting o f the Association within thirty-one days of be coming va cant. Any member elected trustee elected to fill an un-expired term shall serve the length of that un-expired term. Any member el ected trustee,upon r etirement from t he Fire Department, m ust r elinquish t he trustee's office until an election is held to determine who shall hold that office. The elected or appointed municipal trustees shall be designated annually by the City, except for the chief of the Fire Department, who is appointed by statute. 3. Officers of Board At the first meeting of the Board of Trustees held after the annual meeting of the members of the Association, t he B oard shall e lect, from the s ix member el ected t rustees a P resident, V ice- President, Secretary and Treasurer. Each of the officers shall serve for a term of one year or until the officer's successor has been elected. 4. Removal of Trustee or Officer A trustee (other than a municipal trustee)m ay be removed from the office of trustee for the following reasons: a) Breach of the duties of a trustee as specified in these bylaws. b) Failure t o m aintain m embership i n g ood s tanding i n t he A ssociation or t he Fire Department, including a suspension from the Association or Fire Department. c) Other good cause. EPFRA 6 Removal o f a trustee may oc cur b y a vote of t wo-thirds o f t hose p resent at a m eeting o f t he membership. Notice of the meeting at which removal is to be considered shall be given to each member and s hall include the purpose of c onsidering removal. T he trustee s hall b e given an opportunity t o be he and as to e ach charge. If the trustee i s removed, a r eplacement s hall b e elected and shall serve for the un-expired portion of the term of the removed trustee. EPFRA 7 Article VI - Duties of Officers 1. President The duties of the office of President of the Association are as follows: a) Attend and preside at all meetings of the Association and of the Board of Trustees. b) Supervise the affairs of the Association. c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association,the Articles of Incorporation and the bylaws. d) Sign all checks issued by the Treasurer and all other papers,which require the President's signature. The President may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 2. Vice-President The Vice-President's duties shall be as follows: a) Perform the duties of the President in the President's absence. b) All other duties assigned to the Vice-President by the President. 3. Secretary The Secretary of the Association shall have the following duties: a) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws. c) Provide all due notice of special meetings of the Association and the Board of Trustees. d) Keep a roll of membership, including all information necessary to determine the pension and benefit status of each member of the Association. e) Sign a 11 or ders for pa yment i ssued t o t he T reasurer, a nd j ointly w ith t he T reasurer, prepare and file all reports and statements required by law. The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. 4. Treasurer The duties of the Treasurer of the Association are as follows: a) Keep s eparate, di stinct a nd c omplete a ccounts of t he S pecial a nd General F unds, including a de tailed statement oft he as sets and 1 iabilities o f each fund. Such accounts and statements shall be presented at each meeting of the Board of Trustees, and shall be made available to members prior to the annual meeting of the Association. b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and statements required by law. EPFRA 8 c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the position o f T reasurer i n acco rdance w ith t hese b ylaws,w hichever o ccurs f irst, t he Treasurer shall immediately deliver to the Board of Trustees or the Treasurer's successor in office, all monies, books, papers, and other items pertaining to the Treasurer's office. d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such amount and with such sureties a s are required b y law and approved b y the Board of Trustees, conditioned upon t he faithful di scharge of t he T reasurer's t rust a nd t he f aithful performance of the duties of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of the Association. The amount of the bond will be equal to at least 10% of the assets of the Association; however, the amount of the bond need not exceed $500,000.00. The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject to approval of the Association, and payable from the Special Fund of the Association. EPFRA 9 Article VII - Meetings 1. Annual Meeting The annual meeting of the Association, for the election of Trustees and other business, shall be held on t he s econd T hursday i n M arch, i mmediately pr for t o the Fire Department's bus iness meeting. Subject to waiver, a notice of every annual meeting or special meeting shall be sent by the Secretary by U.S. mail, e-mail, personal delivery or by any other delivery that conforms to law to each member at least 10, but not more than 30 days,before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time, place and in case of a special meeting, the purpose. 2. Regular Meetings of the Board of Trustees The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice of every Board of Trustees' meeting shall be sent by the Secretary by U.S. mail, email, personal delivery or by any other delivery that conforms to law to each Trustee at least 5 , but not more than 30 days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth the date, time,place and in case of a special meeting, the purpose. 3. Special Meetings of the Association or Board Special meetings of the Association or of the Board of Trustees may be called by the President or two members of the Board of Trustees and shall also be called upon written request of six or more m embers o f t he A ssociation. T he S ecretary s hall notify m embers and trustees of such special meetings, and the purpose of the meeting shall be contained in such notice. 4. Quorum A m ajority of t he Board of T rustees t hen i n o ffice, and 30 pe rcent of a 11 m embers of t he Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quo rum may adjourn a m eeting t o a future time, which the S ecretary s hall make known to the affected members. 5. Reports and Resolutions All reports and resolutions shall be submitted in writing and no report shall be accepted unless it is the report of a majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. 6. Adoption of Robert's Rules All meetings of the Association and Board of Trustees shall be conducted according to Robert's Rules of Order, as revised. 7. Order of Business The order of business at meetings of the general membership shall be: EPFRA 10 a) Call to order. b) Roll call. c) Reading of minutes of previous meetings. d) Reading of reports and minutes of Board of Trustees'meetings. e) Reports of Officers. f) Membership applications. g) Reports of special committees. h) Unfinished business. i) Election of Officers or Trustees (annual meeting). j) New business. k) Adjournment. 8. Location A meeting of the Board of Trustees shall be held at the registered office of the Association in the City unless notice is made public for another place within the state as designated by the board. EPFRA 11 Article VIII - Investments 1. Trustees'Duties Trustees s hall di scharge t heir duties i n good faith an d w ith t hat diligence an d care which a n ordinarily p rudent pe rson w ould e xercise unde r s imilar c ircumstances. E ach trustee s hall become familiar with the standards of care and the standards of a fiduciary as specified by law. 2. Responsibilities of Trustees It s hall be the duty of the B oard of Trustees t o prepare m odes and p1 ans for the sale and profitable investment of the unappropriated funds of the Association, and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually, according to law, and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment C ommittee. T he me mbers o f the B oard s hall act a s trustees with a fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the Association. 3. Investment Committee The in vestment c ommittee shall c onsist of t he T reasurer, t he P resident a nd a n E x-officio member, as w ell as t wo o r m ore A ssociation members as d esignated by t he trustees. T he investment c ommittee s hall in vestigate and ma ke r ecommendations to th e B oard o f s uitable investments for Association funds among those permitted by State Statutes, the bylaws and the investment policy attached hereto. 4. Restrictions to Brokers The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the Relief A ssociation to p rovide a nnually t o a ny br okers, a written s tatement of i nvestment restrictions pursuant to State S tatute o r th e Investment P olicy th at apply to th e s pecial fund. Upon r eceipt of t he written s tatement of i nvestment r estrictions, each b roker h andling investments of t he A ssociation s hall a cknowledge, i n w riting a nnually, t he r eceipt of t he investment r estrictions. T he a cknowledgment s hall c ontain a s tatement of t he br okers' agreement to handle the Association's investments pursuant to the written restrictions. 5. Education Plan The Board of Trustees shall develop and periodically revise a plan for continuing education for all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. EPFRA 12 Article IX - Pension Benefits 1. Active Duty and Age Requirements To b e el igible f o r eceive a s ervice p ension, a m ember m ust m eet all o f t he f ollowing requirements: a) Be at least 50 years of age. b) Has separated from active service with the Fire Department. c) Has co mpleted at 1 east 1 0 years o f act ive s ervice w ith s uch Fire Department b efore retirement. d) Has been a member of the Association in good standing at least 10 years prior to such retirement. 2. Deferred Member A member of the Association, who has performed active service of ten years or more, but has not reached the age of 50 years, s hall be pl aced on the de ferred p ension roll of the A ssociation. After t hey h ave reached t he a ge o f 50 years, t he A ssociation s hall, upon t heir a pplication therefore,pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX, Section 3. 3. Pension Benefit Each m ember i s e ntitled t o e ither a m onthly s ervice pe nsion be nefit or a 1 ump s um s ervice pension benefit calculated as follows: 1) Monthly Service Pension: Effective 01/01/2005 — A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1536.00. Effective 01/01/2006 — A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1600.00. Effective 01/01/2007 — A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1664.00. Effective 01/01/2008 — A monthly service pension shall be calculated by multiplying $54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1728.00. EPFRA 13 Effective 01/01/2009 — A monthly service pension shall be calculated by multiplying $56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1792.00. 2) Lump Sum Service Pension: A 1 ump s um s ervice pe nsion s hall be c alculated b y multiplying 100 time s the mo nthly s ervice pension t o which the m ember would have been entitled. 4. Definition of Active Firefighter A period of time c annot be us ed t o c alculate a monthly o r 1 ump sum s ervice p ension unl ess during th e entire p eriod o f time th e me mber s atisfies th e qualification o f"active s ervice", as found in Article III, paragraph 8 of these bylaws. 5. Volunteer Separation while Full-Time Fire Department Employee Notwithstanding any by-law to the contrary,the Association may pay or continue paying a service pension or disability benefit to a m ember who has not separated from"active s ervice"as defined herein with the Fire Department if: (a) The M ember is employed b y the City to perform duties within the F ire Department on a full-time basis subsequent to retirement as a volunteer firefighter; and (b) The City Manager or the Fire Chief has filed a determination with the Association's Board of Trustees that the Member's experience with and service to the Fire Department in that Member's full-time capacity would be difficult to replace; and (c) The Member otherwise m eets t he requirements of Minnesota S tatutes, C hapter 424A, including Minnesota S tatute 4 24A.02, s ubd. 1, and i s a uthorized f o r eceive a service pension or disability benefit. 6. Future Increases in Benefits Retired members and deferred members who have credit for at least fifteen years of service as an active firefighter with the Fire Department s hall receive all approved increases in the monthly service pe nsion a pplicable t o t hat m ember's n umber of years of active f irefighting s ervice. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. 7. Application for Monthly or Lump Sum Benefit After retirement as an active firefighter w ith t he Fire Department, a member s hall m ake application for a service pension to the Board of Trustees. The application shall also include an irrevocable election b y the m ember o f e ither a monthly s ervice pe nsion or lump s um s ervice pension, but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board, and shall contain the following information: a) The age of the applicant. b) The pe riod of time the member pe rformed duties as an a ctive firefighter for the Fire EPFRA 14 Department. c) The member's number of years of membership in good standing of the Association. d) The date the member retired as an active firefighter from the Fire Department. e) Such other and further information as the Board of Trustees may require. 8. Approval It shall be the duty of the Board of Trustees to approve applications for service pensions if the applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved, the Board shall return the application to the applicant within 30 da ys, not ing t hereon, w ith pa rticularity, w hich r equirements t he a pplicant doe s not m eet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws, within the next 30 days, on the question of whether the applicant meets all the requirements. If the application is approved, the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. 9. Notice of Intent to Retire It shall be the duty of each member who intends to retire and request a service pension from the Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the S ecretary not 1 ess t han 3 m onths pr for t o t he d ate o f r etirement and s ubmission of application for service pension. Upon receipt of such notice of the intent to retire, the Secretary shall provide any n otices t o the applicant as required b y s tate o r federal 1 aw w ith respect t o pension or benefit payments. EPFRA 15 Article X - Ancillary Benefits 1. Eligibility A me mber, who is disabled with a fire s ervice r elated disability, shall b e eligible to c ollect a disability b enefit. T he member s hall b e e ligible to receive the disability benefit imme diately upon approval of the Board of Trustees. 2. Disability Defined Disability is d efined a s th e in ability to e ngage in p erformance o f a 11 es sential d uties as a firefighter b y reason o f a me dically d eterminable p hysical o r p sychological imp airment th at arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician, surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to 1 ast for a continuous period of not 1 ess than twelve months or can b e expected to result in death. 3. Reports Required No me mber s hall b e p aid d isability b enefits e xcept u pon th e w ritten r eport o f a physician, surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. 4. Disability or Pension Benefits Any such disability benefit paid in accordance with this section shall be in lieu of all rights to further service pension and survivor's benefits. 5. Proof of Disability An applicant s hall not b e considered under a di sability unl ess the m ember furnishes adequate proof of the existence thereof. An applicants' statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. 6. Grievance Procedure If the applicant for disability benefits feels that he/she has been aggrieved by any action of the Board, the m ember s hall, within sixty (60) days from not ice of such action of the B oard, file written obj ections and the reasons t hereof with the B oard and s hall be allowed t o appeal the determination pursuant to the review procedure in these bylaws. 7. Calculation of Benefit In the event a member incurs a disability as defined in this article, the Association shall pay to such m ember a m onthly disability p ayment, for t he t ime of s uch di sability. T he m onthly disability benefit shall be equal to the monthly service pension to which the member would have been entitled at age 50 without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws. EPFRA 16 8. Entitlement to Future Increases A m ember currently receiving a d isability b enefit s hall r eceive all ap proved i ncreases i n the monthly s ervice pe nsion a pplicable t o t hat m ember's num ber of years of a ctive firefighting service. EPFRA 17 Article XI - Death Benefit 1. Entitlement to Benefit In the e vent o f t he de ath of a n a ctive or d eferred member of the a ssociation, the s urviving spouse, i f any, s hall be p aid 100% of the lump sum benefit for each year of s ervice. Ifs uch member who has no surviving spouse leaves a surviving child or children, such child or children as a group shall be paid 100% of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid 100% of the lump sum benefit for each year of active service. If such member ha s no s pouse, no s urviving c hildren, and no de signated be neficiary, t he m ember's estate shall b e p aid 100% of the lump sum benefit for each year o f active service. Such death benefits are payable without regard to minimum or partial vesting requirements. In the event of the death of a retired m ember o f the association, the surviving spouse, i f any, shall be paid until de ath or r emarriage of the surviving s pouse, m onthly, 2/3 of the m onthly service p ension fore ach year o f act ive s ervice. If s uch m ember 1 eaves a surviving child or children in addition to a spouse, such child or children, in the aggregate, shall be paid, monthly, the sum of one-third of the m onthly s ervice pension for each year o f a ctive s ervice. If s uch member is survived only by a child or children, such child or children, in the aggregate, shall be paid, monthly, the sum of 100% of the monthly service pension for each year of active service. 2. Termination of Children's Benefit Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age of eighteen or, in the case of any child who furthers his or her education, by attending college or technical s chool, w hen that c hild g raduates w ith hi s/her unde rgraduate de gree o r t echnical degree, qui is s chool, r eaches t he a ge of t wenty-two, or fails t o pr ovide pr oof of c urrent educational enrollment, whichever oc curs first. Any child furthering his or her education and wishing t o qualify for benefits must produce annually, i n a form s atisfactory t o the Board o f Trustees,proof that the child is a full-time student in a college or trade school. 3. Entitlement to Future Increases Death benefits payable to a surviving spouse or children shall be increased to the extent that the monthly service pension is increased for current members who have the same number of active years of service as the deceased member. EPFRA 18 Article XII -Application for Disability and Death Benefits 1. Disability Benefit Application All applications for disability benefits shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician, surgeon or chiropractor's opinion shall also include findings regarding the nature and probable duration of the illness or injury, the cause t hereof, the 1 ength of time the applicant has be en and will be unable to perform any of the essential duties as an active firefighter, and an estimate of the time at which the applicant will be able to return to the duties as an active firefighter. The Board of Trustees, in its discretion, may require an independent medical examination, at the Association's expense, to review the qualifications of the member for a disability benefit. 2. Death Benefit Application Applications for benefits by surviving spouses and children shall be submitted to the Board of Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death, a certified marriage certificate for a surviving spouse and certified birth c ertificate for a surviving child, plus such other and further information as the Board of Trustees deems appropriate. 3. Action on Applications No di sability benefits or de ath be nefits s hall be paid until t he application therefore h as b een approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. ARTICLE XIII — SUPPLEMENTAL BENEFIT 1. Payment of Supplemental Benefit Upon the payment b y the A ssociation of a lump-sum di stribution t o a qualified recipient, the Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter. Notwithstanding any law to the contrary, the Association may pay the supplemental benefit out of its S pecial Fund. T he amount of t his benefit e quals to n percent ( 10%) of the r egular 1 ump-sum di stribution t hat i s pa id on the ba sis of s ervice as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed$1,000.00. Article XIV - Funds 1. Allocation All money received from the Association shall be kept in two separate funds. D isbursements from t he funds s hall be i n a ccordance w ith M innesota S tatutes a nd rules and b ylaws o f t he Association. EPFRA 19 2. General Fund The funds received by the Association from dues, fines, application fees, entertainment and other miscellaneous sources shall be kept in the General Fund of the Association, on the books of the Secretary and the Treasurer, and m ay be di sbursed for any purpose reasonably r elated t o the welfare of the Association or its members, as authorized by a majority of the members present and voting at any annual or special meeting of the members. 3. Special Fund All funds received by the Association qualifying as state aid received pursuant to law, all taxes levied by or other revenues received from the city present to law providing for municipal support for the Association, any moneys or property donated, given, granted or devised, excluding fund- raiser proceeds,by any person which is specified for the use for the support of the Special Fund, and any interest e arned on the a ssets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund, shall be kept in a separate account on the books of t he T reasurer know n a s t he S pecial F and a nd s hall be d ispersed onl y for t he following purposes: a) Payment o f m embers' s ervice p ension b enefits i n acco rdance w ith state law and w ith these bylaws. b) Payment of ancillary benefits in accordance with state laws and these bylaws. c) Payment of supplemental benefits in accordance with state law and these bylaws. d) Administrative expenses as limited by Minn. Stat. 69.80. All other expenses of the Association shall be paid out of the General Fund. 4. Method of Disbursement No di sbursement of funds of t his A ssociation s hall b e m ade ex cept b y ch ecks drawn b y t he Treasurer and countersigned by the President except when issued for salaries, pensions and other fixed charges, the exact amount of which has previously been determined and authorized by the Board o f Trustees (or members, in case of disbursement from the General Fund). In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of T rustees. D isbursement a lso m ay b e m ade b y e lectronic fund t ransfers s o t ong a s t he Treasurer and President have previously authorized such transfers. 5. Deposit of Funds All money b elonging t o the A ssociation shall b e deposited t o the credit of the A ssociation in such banks, trust companies, saving and loan associations or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes, the bylaws and the investment policy. EPFRA 20 Article XV - Timing and Modes of Distribution 1. Distribution Choices Members who choose a monthly service pension shall be governed by Article IX, Section 3(a). A member who chooses a lump sum pension option shall be offered the following benefit payment methods. a) A single lump sum check payment payable to the eligible retiree. b) Rollover to an IRA account pursuant to Article XV, Section 2. 2. IRA Rollover Upon written request from the retiring member who has given p roper notice of retirement, the Secretary or T reasurer shall di rectly t ransfer t he s ervice pe nsion amount i nto a n Individual Retirement Account under Section 408(a) of the Internal Revenue Code, as amended. Article XVI - Procedure for Review 1. Entitlement to Appeal In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. 2. Un-approved Application If an application is not approved, the Board shall return the application to the applicant within 30 days, not ing t hereon, with pa rticularity, w hich r equirements t he a pplicant doe s not m eet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board, on the question of whether the applicant meets all of the eligibility requirements. The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within 30 days of receiving an adverse determination. The intent to appeal shall be certified by the member. 3. Special Meeting for Appeal The Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard t o the negative de termination. T he B oard reserves the right to engage the services of a mediator, acceptable to both parties, at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half between both parties. EPFRA 21 Article XVII - Limits on Benefits 1. Domestic Relations Order A qua lified dom estic r elations or dom estic r elations or der s hall be accepted b y t he pl an administrator if in c ompliance with state and federal law. A di stribution m ade pursuant t o a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified b y I.R.C. 414 (p) (11), as amended. N o benefits s hall b e p aid under a dom estic relations order which requires the plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or under state law. 2. Garnishment,judgment or legal process No service pension or ancillary benefits paid or payable from the special fund of the Association to any person receiving or entitled t o r eceive a s ervice pe nsion or ancillary b enefits s hall be subject t o g arnishment,j udgment, e xecution o r of her 1 egal pr ocess, e xcept a s pr ovided i n Minnesota Statutes, Sections 518.58, 518.581, or 518A.53. 3. Assignment of Benefits No pe rson e ntitled t o a s ervice pe nsion or a ncillary be nefits from t he s pecial fund of t he Association m ay a ssign a ny s ervice pe nsion or a ncillary b enefit pa yments, nor s hall t he Association have the authority to recognize any assignment or pay over any sum, which has been assigned. 4. Limitations on Ancillary Benefits Following the receipt of a lump sum death benefit neither a member's surviving spouse or estate is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII entitled"Supplemental Benefits." 5. Benefit Limitations No provision, which pl aces 1 imits on be nefits a s c ontained within S ection 415 of the Internal Revenue C ode, s hall be exceeded. P lan participants can not r eceive an annual b enefit greater than the amount specified in Section 415 of the code as may subsequently be amended. EPFRA 22 Article XVIII -Amendments 1. Amending the Bylaws The bylaws of the Association may be amended by completing the following procedure: a) Notice of the proposed amendment is given to each member not less than ten days prior to the regular or special Association meeting at which the amendment will be considered. b) At an Association meeting, the amendment is adopted by a favorable vote of two-thirds of the membership present and voting, provided that a quorum is present. c) The amendment is approved by the City Council of the City of Eden Prairie. Article XIX - Notice 1. Amendment Notices Notices t o the membership o f a change t o these b ylaws s hall b e delivered in the following manner: a) Shall be posted at each Fire Station. b) Shall be sent by U.S. Mail or email to each deferred member of the Association. c) Shall be sent by U.S. Mail or email to each retired member of the Association. Article XX - Effective Date These bylaws were adopted by the membership on the day of , 2010 and supersede all prior bylaws of this Association. President Secretary These bylaws were approved by the City Council of the City of Eden Prairie on this day of 2011. Kathleen Porta, City Clerk City of Eden Prairie,MN. EPFRA 23 Eden Prairie Firefighter Relief Association Bylaws TABLE OF CONTENTS PAGE ARTICLE I-NAME 1 ARTICLE II-PURPOSE 1 ARTICLE III-GENERAL DEFINITIONS 2 1. SURVIVING SPOUSE 2 2. FIDUCIARY RESPONSIBILITY 2 3. BENEFICIARY 2 4. BOARD OF TRUSTEES 2 5. CALCULATION OF QUALIFYING YEARS 2 6. BREAK IN SERVICE 3 7. YEARS OF ACTIVE SERVICE 3 8. ACTIVE SERVICE 3 9. TRUSTEES 3 10. DOMESTIC RELATIONS ORDER 3 11. PERSONAL LEAVE 3 12. MILITARY LEAVE 3 13. MEDICAL LEAVE 3 ARTICLE IV-MEMBERSHIP 4 1. QUALIFICATION FOR MEMBERSHIP 4 2. APPLICATION FOR MEMBERSHIP 4 3. TERMINATION OF MEMBERSHIP 4 4. CATEGORIES OF MEMBERSHIP 4 5. VOTING PRIVILEGES 5 ARTICLE V-BOARD OF TRUSTEES 6 1. COMPOSITION OF BOARD 6 2. TERMS OF TRUSTEES 6 3. OFFICERS OF BOARD 6 4. REMOVAL OF TRUSTEE OR OFFICER 6 ARTICLE VI-DUTIES OF OFFICERS 8 1. PRESIDENT 8 2. VICE-PRESIDENT 8 3. SECRETARY 8 4. TREASURER 8 ARTICLE VII-MEETINGS 10 1. ANNUAL MEETING 10 2. REGULAR MEETINGS OF THE BOARD OF TRUSTEES 10 3. SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD 10 4. QUORUM 10 5. REPORTS AND RESOLUTIONS 10 6. ADOPTION OF ROBERT'S RULES 10 7. ORDER OF BUSINESS 10 8. LOCATION 11 ARTICLE VIII-INVESTMENTS 12 1. TRUSTEES'DUTIES 12 2. RESPONSIBILITIES OF TRUSTEES 12 3. INVESTMENT COMMITTEE 12 i 4. RESTRICTIONS TO BROKERS 12 5. EDUCATION PLAN 12 ARTICLE IX-PENSION BENEFITS 13 1. ACTIVE DUTY AND AGE REQUIREMENTS 13 2. DEFERRED MEMBER 13 3. PENSION BENEFIT 13 4. DEFINITION OF ACTIVE FIREFIGHTER 14 5. VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE 14 6. FUTURE INCREASES IN BENEFITS 14 7. APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT 14 8. APPROVAL 15 9. NOTICE OF INTENT TO RETIRE 15 ARTICLE X-ANCILLARY BENEFITS 16 1. ELIGIBILITY 16 2. DISABILITY DEFINED 16 3. REPORTS REQUIRED 16 4. DISABILITY OR PENSION BENEFITS 16 5. PROOF OF DISABILITY 16 6. GRIEVANCE PROCEDURE 16 7. CALCULATION OF BENEFIT 16 8. ENTITLEMENT TO FUTURE INCREASES 17 ARTICLE XI-DEATH BENEFIT 18 1. ENTITLEMENT TO BENEFIT 18 2. TERMINATION OF CHILDREN'S BENEFIT 19 3. ENTITLEMENT TO FUTURE INCREASES 19 ARTICLE XII-APPLICATION FOR DISABILITY AND DEATH BENEFITS 20 1. DISABILITY BENEFIT APPLICATION 20 2. DEATH BENEFIT APPLICATION 20 3. ACTION ON APPLICATIONS 20 ARTICLE XIII-SUPPLEMENTAL BENEFIT 20 1. PAYMENT OF SUPPLEMENTAL BENEFIT 20 ARTICLE XIV-FUNDS 20 1. ALLOCATION 20 2. GENERAL FUND 21 3. SPECIAL FUND 21 4. METHOD OF DISBURSEMENT 21 5. DEPOSIT OF FUNDS 21 ARTICLE XV-TIMING AND MODES OF DISTRIBUTION 22 1. DISTRIBUTION CHOICES 22 2. IRA ROLLOVER 22 ARTICLE XVI-PROCEDURE FOR REVIEW 22 1. ENTITLEMENT TO APPEAL 22 2. UN-APPROVED APPLICATION 22 3. SPECIAL MEETING FOR APPEAL 22 ARTICLE XVII-LIMITS ON BENEFITS 23 1. DOMESTIC RELATIONS ORDER 23 ii 2. GARNISHMENT,JUDGMENT OR LEGAL PROCESS 23 3. ASSIGNMENT OF BENEFITS 23 4. LIMITATIONS ON ANCILLARY BENEFITS 23 5. BENEFIT LIMITATIONS 23 ARTICLE XVIII-AMENDMENTS 24 1. AMENDING THE BYLAWS 24 ARTICLE XIX-NOTICE 24 1. AMENDMENT NOTICES 24 ARTICLE XX-EFFECTIVE DATE 24 iii Article I-Name The name of the relief association shall be the Eden Prairie Firefighter Relief Association. Article II-Purpose This instrument c onstitutes the bylaws of the E den Prairie Firefighter Relief Association,h ereinafter referred to as"Association,"adopted for the purpose of regulating and managing the internal affairs of the corporation and shall serve as the written pension plan for the Relief Association. The Association is a governmental entity t hat r eceives a nd manages pu blic money to p rovide r etirement b enefits for individuals providing the governmental s ervices o f fire fighting. The Association is a defined benefit relief a ssociation s ubject to M innesota statutes 6 9.771 t o 69 .774, 424A.015 and 424 A.02. The objectives oft he p Ian s hall b e to pr ovide service p ensions and a ncillary b enefits t o members a nd dependents of the E den Prairie M unicipal F ire D epartment,h ereinafter"Fire D epartment". T hese bylaws and federal and state laws shall govern all benefits issued by this Association. EPFRA 1 Article III-General Definitions 1. Surviving Spouse The term"surviving spouse"means=any person who was the dependent spouse of a deceased active member,d eferred member,or retired former member living with the member at the time of th e death of the active member,deferred member,or retired former member for at least one year prior to the date on which the member terminated active service and membership. 2. Fiduciary responsibility In the discharge of their respective duties,the officers and trustees shall be held to the standard of care enumerated in Minn.Stat. 11A.09. In addition,the trustees must act in accordance with Minn.S tat. 3 56A.N o trustee of the A ssociation s hall cause the A ssociation to engage in a transaction,if th e trustee knows o r s hould k now that a t ransaction constitutes o ne o f t he following direct or indirect transactions: a) sale or exchange or 1 easing of any r eal pr operty between the A ssociation and a board member; b) lending of money or other extension of credit between the Association and a board member or member of the Association; c) furnishing of goods,services,or facilities between the Association and a board member;or d) transfer to a board member,or use by or for the benefit of a board member,of any assets of the Association. Transfer of assets does not mean the payment of Association benefits or administrative expenses permitted by law. 3. Beneficiary Any person or estate entitled under this plan to receive a benefit upon the death of a participant. 4. Board of Trustees The Board of Trustees of the Association as specified under Minn.Stat. 424A.04.There shall be six member elected trustees and three municipal trustees.three ex officio me mbers. The th ree e x officio trustees shall be the mayor,the city clerk,clerk treasurer or finance director and the chief of the municipal fire department. 5. Calculation of Qualifying Years A year of service as an active firefighter for purposes of calculating the service pension shall mean 12 c omplete months. I f a members'p eriod o f s ervice a s a n a ctive firefighter has not be en continuous, parts o f y ears may b e added to gether to calculate full y ears. In a ddition, parts o f months may b e a dded t ogether to c alculate full months,pr ovided,ho wever, that i n s uch a calculation it shall be assumed that 30 days equals a full month. EPFRA 2 6. Break in Service Any member returning from a break in service must remain in active service for at least five years equal in time to the br ak in service in order to qualify for any pension increases having occurred during the time of the break in service. If th is requirement is not met prior to the individual's resignation,the retirement benefits will revert to those in effect at such time the break in service began. A break in service does not include an approved leave of absence,pursuant to these bylaws or state law. 7. Years of Active Service For purposes of computing benefits or service pensions payable,a year of service shall be defined as a period of 12 full months of active service in the fire department. 8. Active Service The active p erformance o f f ire suppression o r pr evention d uties or t he supervision o f f ire suppression or prevention duties. P erformance of such suppression,prevention or supervision shall not qualify as"active service"unless the firefighter meets all the rules and regulations of the fire department during such service. 9. Trustees The individuals designated as such by Minn.Stat.424A.04,and by virtue of elected or appointed office,those that qualify as the ex officio trustee. 10. Domestic Relations Order Any judgment,d ecree o r o rder(including a pproval of a p roperty settlement a greement)th at complies with the provisions of Minn.Stat. 518.58,518.581 or 518A.53. 11. Personal Leave An Active M ember may be granted a personal leave of ab sence in accordance with the rules and regulations of the Fire Department. No credit shall be given for the period of the leave of absence. 12. Military Leave An Active Member who takes a leave to serve in the military shall receive credit from the Relief Association for his military service consistent with federal law. To be eligible for credit from the Relief Association for his military service,the Member must return to active service with the Fire Department,and must not receive a dishonorable or bad conduct discharge from military service. 13. Medical Leave An Active Member who takes a leave for a serious medical condition shall receive credit for up to 12 weeks of the leave consistent with the Family and Medical Leave Act,or other applicable federal or state law. EPFRA 3 Article IV-Membership 1. Qualification for Membership Any active member in good standing in the Ffire Ddepartment shall b e eligible to apply for membership in the Association. 2. Application for Membership All active me mbers o f th e Eden P rairie Fire D epartment are eligible for membership i n the Association. A pplication for membership s hall b e made in writing on a form supplied b y th e Secretary of the A ssociation a nd r eviewed by t he B oard o f T rustees f or c ompliance w ith federal/state statutory and plan requirements within three(3)months of becoming an active member of the fire department. No applicant may be excluded except if the member is under 18 years of age or has a medically determinable physical or mental impairment or condition that would constitute a predictable and unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum age specified for receipt of a service pension. 3. Termination of Membership A member may be expelled from the Association for cause upon a two-thirds vote of all members present at a regular or special meeting of the general membership,upon the occurrence of any of the following events: a) Termination o r r esignation f rom membership i n t he Ffire Ddepartment p nor to completion of the number of years as an active firefighter required for a service pension under these bylaws. b) Failure to comply w ith any provisions o f these bylaws or any duly adopted rules and regulations of the association. c) Any other good cause fort ermination o f membership a s d etermined by the Board of Trustees. 4. Categories of Membership Members of this A ssociation s hall b e classified i n one of f our c ategories: regular,d eferred, retired or disabled. These categories are defined as follows: a) Active Member: A member of the A ssociation who is also an active firefighter of the Ffire Ddepartment. b) Deferred Member: A member of the Association who has(i)completed the number of years as an active firefighter required for a service pension as provided in these bylaws, (ii)ha s c ompleted a minimum oft en y ears as a member i n g ood standing i n the Association,and(iii)has separated from service as an active firefighter before attaining the earliest age for receipt of a service pension as provided in these bylaws. c) Retired Member: A member oft he A ssociation w ho i s d rawing a monthly s ervice pension under applicable statutes and the bylaws of this Association. d) Disabled Member: A member of this A ssociation who is receiving a disability benefit under applicable statutes and the bylaws of this Association. EPFRA 4 5. Voting privileges Each member shall be entitled to one vote on any matter voted upon by the membership. Voting by proxy is not permitted. All votes,unless specified prior to the vote,shall be conducted by a voice vote. If a majority cannot be determined by voice vote,the Officer in Charge of the vote shall ask for a show of hands. EPFRA 5 Article V-Board of Trustees Formatted:Numbered+Level:1+ 1. Composition of Board Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Board of Trustees shall consist of nine fl rustees.be composed at: 0.81" a) Member ElectedRegular Trustees: Six o f the trustees shall be e lected a t th e annual meeting o f th e Association from the Association's active members and shall s erve for terms as specified in this Article,or until their respective successors have been elected. One o f the s ix el ected m embers o f the Board of Trustees may b e a r etired member, receiving a monthly service p ension,w ho i s elected by t he membership o f the Association. If there is not a retired member to f ill the position o f trustee,t hen that position may be filled by an active member. b) MEx Officiunicipale Trustees: The t hree m unicipal t rustees shall be o ne elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the City of Eden Prairie annually and the chief of the Fire Department. Three of the trustees shall be from the City of Eden Prairie. One must be the chief of the fire department. One is an elected official with the City of Eden Prairie. One i e an elected a=appointed official w ith t he C ity of E den P rairie. MunicipalEx Officio tTrustees shall have a 11 rights,duties and r esponsibilities of r egular trustees, including voting rights. Formatted:Numbered+Level:1+ 2. Terms of-Regular Trustees Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Two member elected trustees shall be elected for three-year terms at each annual meeting of the at: 0.81" Association. If a vacancy of a trustee position occurs,that position shall be filled by election at a special meeting o f the A ssociation within thirty-one days of b ecoming vacant. Any member elected trustee elected to fill an un-expired term shall serve the length of that un-expired term. Any member elected trustee,upon retirement from the Fire Ddepartment, must relinquish the trustee's office until an election is held to determine who shall hold that office. The elected or appointed municipal trustees shall be designated annually by the City,except for the chief of the Fire Department,who is appointed by statute. Formatted:Numbered+Level:1+ 3. Officers of Board Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent At the first meeting of the Board of Trustees held after the annual meeting of the members of the at: 0.31" Association,the Board shall elect,from the six member electedregular trustees trustees who have been elected by the members,a President,Vice-President,Secretary and Treasurer. Each of the officers shall serve for a term of one year or until the officer's successor has been elected. Formatted:Numbered+Level:1+ 4. Removal of Trustee or Officer Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A tTrustee (other t han a municipalan ex officio tTrustee) may be removed from the office o f at: 0.81" trustee for the following reasons: a) Breach of the duties of a trustee as specified in these bylaws. b) Failure t o maintain me mbership in g ood standing in th e Association o r th e Ffire Ddepartment,including a suspension from the Association or Ffire Ddepartment. c) Other good cause. EPFRA 6 Removal of a trustee may oc cur by a vote of t wo-thirds of those p resent a t a meeting of th e membership. Notice of the meeting at which removal is to be considered shall be given to each member and s hall include the purpose of considering removal. T he trustee shall b e given an opportunity to be heard as to each charge. If the trustee is removed,a replacement shall b e elected and shall serve for the un-expired portion of the term of the removed trustee. EPFRA 7 Article VI-Duties of Officers Formatted:Numbered+Level:1+ 1. President Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The duties of the office of President of the Association are as follows: at: 0.81" a) Attend and preside at all meetings of the Association and of the Board of Trustees. b) Supervise the affairs of the Association. c) Take all appropriate steps to enforce the due observance of the state and federal laws that apply to the Association,the Articles of Incorporation and the bylaws. d) Sign all checks issued by the Treasurer and all other papers,which require the President's signature. The President may receive a salary as fixed from time to time by the Board of Trustees,subject to approval of the Association,and payable from the Special Fund of the Association. Formatted:Numbered+Level:1+ 2. Vice-President Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Vice-President's duties shall be as follows: at: 0.81" a) Perform the duties of the President in the President's absence. b) All other duties assigned to the Vice-President by the President. ri Formatted:Numbered+Level:1+ 3. Secretary Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Secretary of the Association shall have the following duties: at: 0.81" a) Keep a true and accurate record of the proceedings of all meetings of the Association and of the Board of Trustees. b) Keep a correct record of all amendments to the Articles of Incorporation and the bylaws. c) Provide all due notice of special meetings of the Association and the Board of Trustees. d) Keep a roll of membership,including all information necessary to determine the pension and benefit status of each member of the Association. e) Sign a 11 orders for p ayment issued t o the Treasurer,and jointly with the Treasurer, prepare and file all reports and statements required by law. The Secretary may receive a salary as fixed from time to time by the Board of Trustees,subject to approval of the Association,and payable from the Special Fund of the Association. Formatted:Numbered+Level:1+ 4. Treasurer Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The duties of the Treasurer of the Association are as follows: at: 0.81" a) Keep separate,di stinct a nd c omplete accounts oft he S pecial a nd General F unds, including a detailed statement of the assets and liabilities of each fund. Such accounts and statements shall be presented at each meeting of the Board of Trustees,and shall be made available to members prior to the annual meeting of the Association. b) Jointly with the S ecretary,the Treasurer shall prepare and file all reports and statements required by law. EPFRA 8 c) At the expiration of the Treasurer's term of office or the Treasurer's termination from the position o f T reasurer in a ccordance w ith t hese b ylaws,w hichever occurs f irst, the Treasurer shall immediately deliver to the Board of Trustees or the Treasurer's successor in office,all monies,books,papers,and other items pertaining to the Treasurer's office. d) Prior to entering upon the duties of office,the Treasurer shall give a bond in such amount and with such sureties as are required by law and approved by the B oard of Trustees, conditioned u pon t he f aithful di scharge of the T reasurer's trust a nd t he f aithful performance of the duties of the Treasurer's office. The premium for this bond shall be paid from the Special Fund of the Association. The amount of the bond will be equal to at least 10%of the assets of the Association;however,the amount of the bond need not exceed$500,000.00. The Treasurer may receive a salary as fixed from time to time by the Board of Trustees,subject to approval of the Association,and payable from the Special Fund of the Association. EPFRA 9 Article VII-Meetings Formatted:Numbered+Level:1+ 1. Annual Meeting Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The annual meeting of the Association,for the election of Trustees and other business, shall be at: 0.81" held on the second Thursday in March,immediately prior to the Ffire Ddepartment's business meeting. Subject to waiver,a notice of every annual meeting or special meeting shall be sent by the S ecretary by U.S. mail,e-mail,personal delivery or by any other delivery that conforms to law to each member at least 10,but not more than 30 days,before the meeting, excluding the date of the meeting. Jlotice by U.S.mail shall be deemed given when deposited in the U.S.mail Formatted:Font color:Auto with sufficient postage affixed. Such notice shall set forth the date,time,place and in case of a special meeting,the purpose. ri Formatted:Numbered+Level:1+ 2d. Regular Meetings of the Board of Trustees Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Board of Trustees shall meet at least six times during each year. Subject to waiver,a notice at: 0.81" of every Board of Trustees' meeting shall be sent by the Secretary byia U.S. mlt4ail,email, personal delivery or by any other delivery that c onforms to l awor a eliyered to each Trustee at least 5 , but not more than 30 days,b efore the meeting, excluding the d ate of the meeting. Notice by U.S.m ail shall b e deemed given w hen d eposited in the U.S. mail with sufficient (Formatted:Font color:Auto postage affixed. Such notice shall set forth the date,time,place and incase of a special meeting, the purpose. Formatted:Numbered+Level:1+ 1_Special Meetings of the Association or Board Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Special meetings of the Association or of the Board of Trustees may be called by the President or at: 0.81" two members of the Board of Trustees and shall also be called upon written request of six or more members of the A ssociation. The S ecretary shall n otify members and trustees of such special meetings,and the purpose of the meeting shall be contained in such notice. - Formatted:Numbered+Level:1+ 4.1_Quorum Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A majority of the B oard o f T rustees then in o ffice, and 30 percent of a 11 members of the at: 0.81" Association shall constitute a quorum for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the S ecretary shall make known to the affected members. Formatted:Numbered+Level:1+ 1_Reports and Resolutions Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All reports and resolutions shall be submitted in writing and no report shall be accepted unless it at: 0.81" is the report of a majority of a committee,provided,however,that a minority shall be permitted to present its views in writing. Formatted:Numbered+Level:1+ ‘1. Adoption of Robert's Rules Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All meetings of the Association and Board of Trustees shall be conducted according to Robert's at: 0.81" Rules of Order,as revised. Formatted:Numbered+Level:1+ 1_Order of Business Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The order of business at meetings of the general membership shall be: at: 0.81" EPFRA 10 a) Call to order. b) Roll call. c) Reading of minutes of previous meetings. d) Reading of reports and minutes of Board of Trustees'meetings. e) Reports of Officers. f) Membership applications. g) Reports of special committees. h) Unfinished business. i) Election of Officers or Trustees(annual meeting). j) New business. k) Adjournment. Formatted:Numbered+Level:1+ M. Location Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A meeting of the Board of Trustees shall be held at the registered office of the Association in the at: 0.81" City unless notice is made public for another place within the state as designated by the board. Notice Subject to waiver,a noticc of every Board of Trustees'meeting shall be scnt or delivered by the Secretary to each Trustee, including ex officio Trustees,at least 5,but not more than 30 days, before the meeting,excluding the date of the meeting. Such notice shall set forth the date,time, place and in case of a special meeting,the purpose. EPFRA 11 Article VIII-Investments Formatted:Numbered+Level:1+ 1. Trustees'Duties Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Trustees shall di scharge t heir duties in good faith and with t hat diligence and c are which a n at: 0.81" ordinarily pr udent p erson w ould exercise un der similar circumstances. E ach trustee sh all become familiar with the standards of care and the standards of a fiduciary as specified by law. 2Formatted:Numbered+Level:1+ 1_Responsibilities of Trustees Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent It shall b e the duty of the B oard o f T rustees to pr epare modes a nd plans f or the sale and at: 0.81" profitable investment of the unappropriated funds of the Association,and whenever investments are made, to investigate and pass upon the securities offered, and to attend to the drawing and execution of the necessary papers. The Board shall order an audit of the books and accounts of the Secretary and Treasurer annually,according to law,and shall submit a written report of the condition of the Association to the members at the annual meeting. The investment of the funds of the Association shall be in the exclusive control of the Board of Trustees,in conformance with state statutes,the bylaws and the investment policy attached hereto. The Board of Trustees shall meet with the Investment C ommittee. T he members of the B oard s hall act a s trustees with a fiduciary obligation to the State of Minnesota,to the City of Eden Prairie and the members of the Association. Formatted:Numbered+Level:1+ 1. Investment Committee Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The in vestment c ommittee s hall c onsist o f th e Treasurer,th e President and an Ex-officio at: 0.81" member, as w ell a s two or more A ssociation members a s d esignated by t he trustees. T he investment committee s hall in vestigate a nd m ake r ecommendations t o the Board of s uitable investments for Association funds among those permitted by State Statutes,the bylaws and the investment policy attached hereto. Formatted:Numbered+Level:1+ 4.1. Restrictions to Brokers Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Board of Trustees shall comply with Minnesota Statutes 356A.06,Subd.8b that requires the at: 0.81" Relief A ssociation to p rovide a nnually to a ny b rokers,a written statement of investment restrictions pursuant to State Statute o r the Investment Policy th at apply t o the special fund. Upon receipt o f the w ritten s tatement of investment r estrictions, each br oker ha ndling investments o f th e A ssociation s hall a cknowledge, in w riting a nnually,th e receipt of the investment r estrictions. T he acknowledgment shall c ontain a s tatement of the b rokers' agreement to handle the Association's investments pursuant to the written restrictions. 5 _,� Formatted:Numbered+Level:1+ 1. Education Plan Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Board of Trustees shall develop and periodically revise a plan for continuing education for at: 0.81" all members and officers of the Board of Trustees in order to ensure that trustees keep abreast of their fiduciary responsibilities. EPFRA 12 Article IX-Pension Benefits Formatted:Numbered+Level:1+ 1. Active Duty and Age Requirements Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent To be e ligible t o receive a s ervice pension, a m ember must m eet a 11 of the f ollowing at: 0.81" requirements: a) Be at least 50 years of age. Formatted:Numbered+Level:1+ b) Has separated from active service with the Ffire Ddepartment. Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Tab after: c) Has c ompleted a t least 10 y ears of active service with such Ffire Ddepartment b efore 0.5"+Indent at: 0.5" retirement. Formatted:Indent:Left: 0.5",Hanging: 0.5", d) Has been a member of the Association in good standing at least 10 years prior to such Numbered+Level:1+Numbering Style:a,b, retirement. c,...+Start at:1+Alignment:Left+Aligned at: 0.5"+Tab after: 0.5"+Indent at: 0.5", Tab stops:Not at 0.5" 2 1_Deferred Member Formatted:Numbered+Level:1+ A member of the Association,who has performed active service of ten years or more,but has not Numbering Style:1,2,3,...+Start at:1+ reached the age of 50ears, shall b e l aced on the d eferred ension roll of the A ssociation. Alignment:Left+Aligned at: 0.56"+Indent g y P p at: 0.81' After they h ave reached the age of 5 0 y ears,the Association shall,upon their a pplication therefore,pay their pension from the date the application is approved by the Association. The member shall be paid the service pension in accordance with Article IX,Section 3. Formatted:Numbered+Level:1+ 1_Pension Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Each me mber is e ntitled to e ither a monthly service pension benefit or a 1 ump sum service at: 0.81" pension benefit calculated as follows: 1) Monthly Service Pension: Effective 01/01/2005 — A monthly service pension shall be calculated by multiplying $48.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1536.00. Effective 01/01/2006 — A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1600.00. Effective 01/01/2007 — A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1664.00. Effective 01/01/2008 — A monthly service pension shall be calculated by multiplying $54.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1728.00. EPFRA 13 Effective 01/01/2009 — A monthly service pension shall be calculated by multiplying $56.00 times each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of$1792.00. 2) Lump Sum Service Pension: A 1 ump s urn service pe nsion s hall b e calculated b y multiplying 10 0 times the monthly service p ension t o which the member would have been entitled. Formatted:Numbered+Level:1+ 41_Definition of Active Firefighter Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A p eriod o f time cannot be us ed to calculate a monthly or lump sum service p ension unless at: 0.81" during th e e ntire p eriod o f time the member satisfies the qualification o f"active service",a s found in Article III,paragraph 8 of these bylaws. Formatted:Numbered+Level:1+ M1_Volunteer Separation while Full-Time Fire Department Employee Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Notwithstanding any by-law to the contrary,the Association may pay or continue paying a service at: 0.81" pension or disability benefit to a member who has not separated from"active service"as defined herein with the Fire Department if: (a) The Member is employed by the City top erform duties within the F ire D epartment on a full-time basis subsequent to retirement as a volunteer firefighter;and (b) The City Manager or the Fire Chief has filed a determination with the Aassociation's Board of T rustees that the Member's experience with and s ervice to the F ire Department in t hat Member's full-time capacity would be difficult to replace;and (c) The Member otherwise meets th e r equirements o f M innesota S tatutes,C hapter 4 24A, including M innesota S tatute 4 24A.02,s ubd. 1, and i s authorized f o r eceive a s ervice pension or disability benefit. Formatted:Numbered+Level:1+ �1_Future Increases in Benefits Formatted: Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Retired members and deferred members who have credit for at least fifteen years of service as an at: 0.81" active firefighter with the Fire Ddepartment shall receive all approved increases in the monthly service p ension a pplicable to t hat member's n umber of y ears of active f irefighting s ervice. Retired members who have elected to receive a lump sum pension payment shall not be eligible for any such increases. Formatted:Numbered+Level:1+ 7 1_Application for Monthly or Lump Sum Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent After r etirement a s an a ctive firefighter w ith th e Ffire Ddepartment,a me mber s hall make at: 0.81" application for a service pension to the Board of Trustees. The application shall also include an irrevocable el ection by the m ember o f either a monthly service pension or lump s urn s ervice pension,but not both. All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the Board,and shall contain the following information: &a) The age of the applicant. = Formatted:Numbered+Level:1+ 9 b) The eriod oft ime the membererformed duties a s an a ctive firefighter for the Ffire Numbering Style:a,b,a ...+Start at:1+ p p Alignment:Left+Aligned at: 0.5"+Tab after: 1"+Indent at: 1" EPFRA 14 Ddepartment. 10,c) The member's number of years of membership in good standing of the Association. mod) The date the member retired as an active firefighter from the Fire Ddepartment. Vie) Such other and further information as the Board of Trustees may require. Formatted:Numbered+Level:1+ I&1_Approval Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent It shall be the duty of the Board of Trustees to approve applications for service pensions if the at: 0.81" applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the duty of the Board not to approve the application if any of the eligibility requirements are not met. If an application is not approved,the Board shall return the application to the applicant within 30 days,noting t hereon,with particularity,which r equirements the a pplicant does not meet. Thereafter,the applicant shall be furnished with the opportunity to be heard by the full Board in accordance with the review procedure contained in these bylaws,within the next 30 days,on the question of whether the applicant meets all the requirements. If the application is approved,the service pension shall be paid in the manner requested by the applicant pursuant to Article XIV, Timing and Modes of Distribution. Formatted:Numbered+Level:1+ �41_Notice of Intent to Retire Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent It shall be the duty of each member who intends to retire and request a service pension from the at: 0.81" Association,to file a notice of intent to retire. Such notice shall be in writing and shall be filed with the S ecretary no t less than 3 months prior t o the date of r etirement and s ubmission of application for service pension. Upon receipt of such notice of the intent to retire,the Secretary shall p rovide any n otices t o the applicant a s r equired b y s tate or federal law with respect t o pension or benefit payments. EPFRA 15 Article X-Ancillary Benefits Formatted:Numbered+Level:1+ 1. Eligibility Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A member who is disabled from b eing a ctive in the F ire D epartment may b e eligible for a at: 0.81",Tab stops: 0.5",List tab disability benefit in lieu of retirement. Upon approval of the Board of Trustees pursuant to thir, article the dil..bnity bene fits will apply A member,who is disabled with a fire service related disability,shall be eligible to collect a disability benefit. The member shall be eligible to receive the disability benefit immediately upon approval of the Board of Trustees. Formatted:Numbered+Level:1+ 2. Disability Defined Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Disability is d efined a s th e inability to engage in performance of a 11 e ssential d uties a s a at: 0.81",Tab stops: 0.5",List tab firefighter by reason of a medically d eterminable phy sical or psychological impairment t hat arose out of and is caused by an injury or sickness incurred in the line of duty and is certified by a physician,surgeon or chiropractor acceptable to the Board of Trustees,which can be expected to last for a continuous period of not less than twelve months or can be expected to result in death. ._ Formatted:Numbered+Level:1+ 3. Reports Required Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No member shall b e paid di sability b enefits except upon the written report of a physician, at: 0.81",Tab stops: 0.5",List tab surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability, disease or injury of the member. Each such report shall be filed with the Association. Formatted:Numbered+Level:1+ 4. Disability or Pension Benefits Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Any such disability benefit paid in accordance with this section shall be in lieu of all rights to at: 0.81",Tab stops: 0.5",List tab further service pension and survivor's benefits. Formatted:Numbered+Level:1+ 5. Proof of Disability Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent An applicant shall not be considered under a disability unless the member furnishes adequate at: 0.31",Tab stops: 0.5",List tab proof of the existence thereof. An applicants' statement as to pain or other symptoms will not alone be conclusive evidence of disability as defined in this article. ri Formatted:Numbered+Level:1+ 6. Grievance Procedure Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent If the applicant for disability benefits feels that he/she has been aggrieved by any action of the at: 0.81",Tab stops: 0.5",List tab Board,the member shall,within sixty (60) days from notice of such action of the B oard,file written objections and the reasons thereof with the B oard and shall b e allowed to appeal the determination pursuant to the review procedure in these bylaws. Formatted:Numbered+Level:1+ 7. Calculation of Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent In the event a member incurs a disability as defined in this article,the Association shall pay to at: 0.81",Tab stops: 0.5",List tab such member a monthly di sability payment,for the time of such disability. T he monthly disability benefit shall be equal to the monthly service pension to which the member would have been entitled at age 50 without regard to whether the member has attained the minimum number of years of active firefighting service and Association membership specified by these bylaws. EPFRA 16 8. Entitlement to Future Increases Formatted:Numbered+Level:1+Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A member c urrently r eceiving a d isability b enefit s hall r eceive a 11 approved increases i n the at: 0.81",Tab stops: 0.5",List tab monthly service p ension a pplicable to that member's n umber o f y ears o f a ctive firefighting service. .--- {Formatted:Centered EPFRA 17 Article XI-Death Benefit Formatted:Numbered+Level:1+ 9. Entitlement to Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent at: 0.81",Tab stops: 0.5",List tab In the event of the death of an a ctive or d eferred member of the a ssociation, the s urviving spouse, if any,sh all be p aid 100%o f the lump sum benefit for each y ear o f service. Ifs uch member who has no surviving spouse leaves a surviving child or children,such child or children as a group shall be paid 100%of the lump sum benefit for each year of active service. If such member has no spouse and no surviving children but has a designated beneficiary on file, such beneficiary shall be paid 100%of the lump sum benefit for each year of active service. If such member ha s no spouse,no s urviving c hildren, and n o designated b eneficiary, the m ember's estate shall b e paid 100% of the lump sum benefit for each y ear of active service. Such death benefits are payable without regard to minimum or partial vesting requirements. In the event of the death of a retired me mber o f th e a ssociation, the surviving spouse,if any, shall b e p aid until death o r r emarriage of the s urviving spouse, monthly,2/3 oft he monthly service p ension for each y ear of a ctive service. If s uch me mber leaves a surviving child or children in addition to a spouse, such child or children,in the aggregate,shall be paid,monthly, the s um o f one-third oft he monthly service pension for each y ear of a ctive service. Ifs uch member is survived only by a child or children,such child or children,in the aggregate,shall be paid,monthly,the sum of 100%of the monthly service pension for each year of active service. In the event of the death of a member of the Association prior to the time when a member(a) terminates active service w ith t he f Fire Ddepartment a snd an status a s a generalactive membership member in the Association;and(b)commences receipt o f the service p ension a s authorized in these by laws, the spouse and s urviving c hildren s hall b e entitled to a b enefit calculated as follows: 1. Spousal Benefit: The surviving spouse,if any,shall be paid,until death or remarriage of the- --- Formatted:Numbered+Level:1+ surviving spouse,the sum of two thirds of the monthly service pension amount to which Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Tab after: such member would have been entitled to at age 50 athe sum of two thirds of the monthly 1"+Indent at: 1",Tab stops: 0.75",List tab service pension amount to which such member would have been entitled at age 50 qual +Not at 1" to the mcmbcr's years of service multiplied by the service benefit amountlevel in effect at the time of the member's death. The benefit is calculated without regard to whether the Association m mbership ci fe,7 in♦hese byl,,ws 2. Spouse and Surviving Child Benefit: If the member leaves a surviving child or children in addition to a spouse, such child or children,in the aggregate, shall be paid the sum of one third of the monthly service pension amount to which such member would have been entitled at age 50 equal to the member's y ars of service and multiplied by the service benefit amountlevel in effect at the time of the member's death. The benefit is calculated without regard t o whether the member had attained the minimum nu mber of years of active firefighting service and Association membership specified in these bylaws. EPFRA 18 child or children, the Association shall pay monthly toward the support of such child or children,in the aggregate, 100%of the monthly service pension amount to which such member would have been entitled at age 50 The benefit is calculated without regard to whether the member had attained the minimum number of years o f active firefighting service and Association membership specified in these bylaws. ri Formatted:Numbered+Level:1+ 410_Termination of Children's Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age at: 0.31",Tab stops: 0.5",List tab of eighteen or,in the case of any child who furthers his or her education,by attending college or technical school,w hen t hat c hild graduates w ith his/her un dergraduate de gree or t echnical degree, quits s chool, reaches t he age of t wenty-two, or fails to p rovide p roof o f c urrent educational enrollment, whichever occurs first. Any child furthering his or her education and wishing to qualify for benefits must produce annually, in a form satisfactory to the B oard of Trustees,proof that the child is a full-time student in a college or trade school. Formatted:Numbered+Level:1+ &11. Entitlement to Future Increases Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Death benefits payable to a surviving spouse or children shall be increased to the extent that the at: 0.81",Tab stops: 0.5",List tab monthly service pension is increased for current members who have the same number of active years of service as the deceased member. EPFRA 19 Article XII-Application for Disability and Death Benefits Formatted:Numbered+Level:1+ 1. Disability Benefit Application Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All applications for disability benefits shall be submitted to the Board of Trustees in writing,on at: 0.81" forms furnished by the Secretary,at a regular or special meeting of the Board. The application shall be accompanied by a certificate from a physician,surgeon or chiropractor setting forth the findings regarding whether the member has a qualifying disability. The physician,surgeon or chiropractor's opinion shall also include findings regarding the nature and probable duration of the illness o r in jury,the cause th ereof,the length of ti me the a pplicant has been and will be unable to perform any of the essential duties as an active firefighter,and an estimate of the time at which the applicant will be able to return to the duties as an active fire-fighter. The Board of Trustees,in its discretion,may require an independent medical examination,at the Association's expense,to review the qualifications of the member for a disability benefit. �_- Formatted:Numbered+Level:1+ 2. Death Benefit Application Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Applications for benefits by surviving spouses and children shall be submitted to the Board of at: 0.81" Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the Board. The application shall include the date and cause of death,a certified marriage certificate for a surviving spouse and certified birth certificate for a surviving child,plus such other and further information as the Board of Trustees deems appropriate. ri Formatted:Numbered+Level:1+ 3. Action on Applications Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No di sability b enefits o r death benefits s hall b e paid until the application therefore has b een at: 0.81" approved by a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment of such benefits and shall be based upon the criteria established in these bylaws and applicable law. ARTICLE XIII—SUPPLEMENTAL BENEFIT — --(Formatted:Space Before: 0 pt Formatted:Numbered+Level:1+ 1. Payment of Supplemental Benefit Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Upon the payment by the Association of a lump-sum distribution to a qualified recipient,the at: 0.81" Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is an individual who receives a lump sum distribution of pension benefits from the Association for service as a volunteer firefighter. Notwithstanding any law to the contrary,the Association may pay the supplemental benefit out of its Special Fund. The a mount of t his benefit equals ten percent(1 0%)o f the r egular lump-sum di stribution t hat is paid o n the basis of service as a volunteer firefighter. In no case may the amount of the supplemental benefit exceed$1,000.00. Article XIV-Funds Formatted:Numbered+Level:1+ 2. Allocation Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All money received from the Association shall be kept in two separate funds. Disbursements at: 0.61" from the funds s hall b e in accordance with Minnesota Statutes and rules and bylaws of the Association. EPFRA 20 Formatted:Numbered+Level:1+ 3. General Fund Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The funds received by the Association from dues,fines,application fees,entertainment and other at: 0.81" miscellaneous sources shall be kept in the General Fund of the Association,on the books of the Secretary and the Treasurer,and may b e disbursed for any purpose reasonably r elated t o the welfare of the Association or its members,as authorized by a majority of the members present and voting at any annual or special meeting of the members. Formatted:Numbered+Level:1+ 3 4_Special Fund Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All funds received by the Association qualifying as state aid received pursuant to law,all taxes at: 0.81" levied by or other revenues received from the city present to law providing for municipal support for the Association,any moneys or property donated,given,granted or devised,excluding fund- raiser proceeds,by any person which is specified for the use for the support of the Special Fund, and any interest earned on the assets of the Special Fund. Any tax sources and other money which may be directly donated or transferred to said fund,shall be kept in a separate account on the bo oks of the Treasurer known a s the Special F and and s hall b e di spersed only for the following purposes: 17a) Payment of members's ervice p ension b enefits in a ccordance with state 1 aw an d w ith� Formatted:Numbered+Level:1+ these bylaws. Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5 +Tab after: 240 Payment of ancillary benefits in accordance with state laws and these bylaws. 1"+Indent at: 1" 3c) Payment of supplemental benefits in accordance with state law and these bylaws. 4.d) Administrative expenses as limited by Minn.Stat. 69.80. All other expenses of the Association shall be paid out of the General Fund. Formatted:Numbered+Level:1+ 5. Method of Disbursement Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No disbursement of funds o f this A ssociation s hall b e made except by checks dr awn by the at: 0.81" Treasurer and countersigned by the President except when issued for salaries,pensions and other fixed charges,the exact amount of which has previously been determined and authorized by the Board of Trustees(or members, in case of disbursement from the General Fund). In no event shall a disbursement be issued until the claim to which it relates has been approved by the Board of T rustees. D isbursement a lso may b e made by electronic fund transfers so 1 ong a s the Treasurer and President have previously authorized such transfers. Formatted:Numbered+Level:1+ 6. Deposit of Funds f' Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent All money belonging to the A ssociation shall b e deposited to the credit o f the A ssociation in at: 0.81" such banks,trust companies,saving and loan associations or other depositories as the Board of Trustees may designate. The Board of Trustees shall make deposits in conformance with state statutes,the bylaws and the investment policy. EPFRA 21 Article XV-Timing and Modes of Distribution Formatted:Numbered+Level:1+ 3�7_Distribution Choices Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Members who choose a monthly service pension shall be governed by Article IX,Section 3(a).A at: 0.81" member who chooses a lump sum pension option shall be offered the following benefit payment methods. 17a) A single lump sum check payment payable to the eligible retiree. — Formatted:Numbered+Level:1+ 2 b) Rollover to an IRA account pursuant to Article XV,Section 2. Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Tab after: 1"+Indent at: 1" 108. IRA Rollover \ Formatted:Numbered+Level:1+ Upon written request from the retiring member who has given proper notice of retirement, the Numbering Style:1,2,3,...+Start at:1+ Secretaryor T reasurer shall di rectlytransfer the serviceension a mount i nto a n Individual Alignment:Left+Aligned at: 0.56"+Indent p at: 0.81' Retirement Account under Section 408(a)of the Internal Revenue Code,as amended. Article XVI-Procedure for Review Formatted:Numbered+Level:1+ a�9_Entitlement to Appeal Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent In the event that the Board of Trustees denies an application for a service or ancillary pension at: 0.81" benefit,the member shall be entitled to the right to appeal the determination. Formatted:Numbered+Level:1+ bi10. Un-approved Application ' Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent If an application is not approved,the Board shall return the application to the applicant within 30 at: 0.81" days,no ting t hereon, with particularity,w hich r equirements t he applicant do es no t meet. Thereafter,the applicant shall be furnished with the opportunity to be heard by the full Board,on the question of whether the applicant meets all of the eligibility requirements. The member shall appeal by furnishing the Board with a written intent to appeal that is filed with the Secretary of the Association within 30 days of receiving an adverse determination. The intent to appeal shall be certified by the member. Formatted:Numbered+Level:1+ e311_Special Meeting for Appeal Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The Board of Trustees shall hold a special meeting within 60 days of receipt of the written intent at: 0.81" to appeal. Timely notice of the meeting shall be given to the member at least 15 days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative determination. The Board reserves the right to engage the services of a mediator,acceptable to both parties,at any time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster. The cost of the mediator shall be split in half between both parties. EPFRA 22 Article XVII-Limits on Benefits Formatted:Numbered+Level:1+ 1. Domestic Relations Order Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent A q ualified do mestic r elations or dom estic relations order s hall b e accepted by t he pl an at: 0.81" administrator if in c ompliance with state and federal law. A distribution made pursuant t o a domestic relations order shall be treated as made pursuant to qualified domestic relations order as specified by I.R.C.41 4(p)(11),a s amended. N o benefits shall b e paid un der a do mestic relations order which requires the plan to provide any type or form of benefit,or any option,not otherwise provided under the Plan or under state law. F/ Formatted:Numbered+Level:1+ 2. Garnishment,judgment or legal process Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No service pension or ancillary benefits paid or payable from the special fund of the Association at: 0.81" to any p erson r eceiving o r entitled to receive a s ervice p ension o r ancillary b enefits shall b e subject t o g arnishment, judgment,e xecution or other 1 egal process, except a s pr ovided i n Minnesota Statutes,Sections 518.58,518.581,or 518A.53. Formatted:Numbered+Level:1+ 3. Assignment of Benefits Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No p erson entitled to a s ervice p ension o r a ncillary b enefits from the s pecial fund o f th e at: 0.81" Association may a ssign a ny s ervice p ension or a ncillary b enefit p ayments,n or s hall the Association have the authority to recognize any assignment or pay over any sum,which has been assigned. r — Formatted:Numbered+Level:1+ 4. Limitations on Ancillary Benefits Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Following the receipt of a lump sum death benefit neither a member's surviving spouse or estate at: 0.81" is entitled to any other or further financial relief or benefits from the Association except those described in Article XIII entitled"Supplemental Benefits." Formatted:Numbered+Level:1+ 5. Benefit Limitations Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent No provision,which places limits on benefits as c ontained within S ection 415 o f the Internal at: 0.81" Revenue C ode, shall b e exceeded. P lan participants c annot receive an annual b enefit greater than the amount specified in Section 415 of the code as may subsequently be amended. EPFRA 23 Article XVIII-Amendments Formatted:Numbered+Level:1+ a)1_Amending the Bylaws Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent The bylaws of the Association may be amended by completing the following procedure: at: 0.81" 1,a) Notice of the proposed amendment is given to each member not less than ten days prior- -- Formatted:Numbered+Level:1+ to the regular or special Association meeting at which the amendment will be considered. Numbering Style:a,b,c,...+Start at:1+ fib) Alignment:Left+Aligned at: 0.5"+Tab after:At an Association meeting,the amendment is adopted by a favorable vote of two-thirds 1"+Indent at: 1" of the membership present and voting,provided that a quorum is present. 37c) The amendment is approved by the City Council of the City of Eden Prairie. Article XIX-Notice Formatted:Numbered+Level:1+ a�2_Amendment Notices Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.56"+Indent Notices to the membership o f a change to these bylaws shall b e d elivered in the following at: 0.81" manner: a) Shall be posted at each Fire Station. Formatted:Numbered+Level:1+ b) Shall be sent by U.S.Mail or email mailed to each deferred member of the Association. Numbering Style:a,b,c,...+Start at:1+ Alignment:Left+Aligned at: 0.5"+Tab after: C) 1"+Indent at: 1" d) Shall be sent by U.S.Mail or emailmailed to each retired member of the Association. Article XX-Effective Date These bylaws were adopted by the membership on the day of ,2010 and supersede all prior bylaws of this Association. President Secretary These bylaws were approved by the City Council of the City of Eden Prairie on this day of 2011. Kathleen Porta,City Clerk City of Eden Prairie,MN. EPFRA 24 EPFRA 25 SUMMARY OF PROPOSED CHANGES The main rationale for the special meeting is to bring the bylaws in compliance with the 2010 MN State Statutes. We are also taking the opportunity to clarify other definitions and generally improve the readability of the bylaws. The enclosed marked bylaws have the new language underlined and the old language crossed out. In the summary list below, we consider 1-4 to be minor non-service/benefit related changes and 5-8 to be the more important service/benefit related changes. 1. Required description of the plan(Article II). 2. Clarification of municipal/city trustees to conform to statutes (Articles 1IL4, 1I1.9, V). 3. Changes to communication to members including use of email (Articles VII, XIX.1). 4. Various other stylistic changes spread throughout the document. 5. Break in service definition(Article I1I.6). A simplification of the required time of service after a break in service in order to qualify for the increase in pension benefits during the break. 6. Clarification of service credit during a leave of absence (Article III.11, 12, 13). Confirmation in Article III.11 of the current required practice that a personal leave of absence does not qualify for service credit, but with the two required exceptions detailed in Article I11.12 and 13. 7. Clarification of eligibility for disability benefits (Article X.1): Article X.2 states that disability is defined as arising only in the line of duty. The change in Article X.1 clarifies eligibility for disability as a fire service related disability only. 8. Survivor benefit/death benefit(Article III.1, XI.1). In Article MA, we extend the surviving spouse definition to deferred members. The previous survivor benefit/death benefit language in Article XL 1 is unclear as to who was eligible for a survivor benefit, even for retired members. The new second paragraph of Article XL 1 defines survivor benefits for retired members as was previously intended and is currently practiced. The statutes say that an active firefighter must receive the whole accrued amount without regard to vesting requirements. Furthermore, the whole amount must be paid first to the surviving spouse, then to the children, then to a beneficiary, and finally to an estate. Hence the previous language is not compliant, with the most practical viable option being a lump sum payment payable in the order above. Previously, deferred members had no survivor benefits so they have been included in the active definition. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. Stuart A. Fox, Parks &Natural Resolution Advising Disposition of Tax Resources Manager Forfeited Lands Requested Action Move to: Adopt Resolution advising the Board of Hennepin County Commissioners regarding the disposal of a tax forfeited land within Eden Prairie. Synopsis Hennepin County Taxpayer Services staff has notified us that there is a parcel of land within the city that is now considered tax forfeited property. This parcel is listed on Non Conservation List No. 1540 C/NC. This property has been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. With a recent change in State Statute 282,Hennepin County is required to hold a public meeting for the purpose of classifying or reclassifying parcels of land currently listed as tax-forfeit. As a result Hennepin County Taxpayer Services has requested that the City to make a recommendation as to the disposition of this land parcel that can be entered into the public record at the February 25th meeting. As in the past the City has the option to request conveyance of the property to the City for a designated public use. However staff has evaluated the options for use by the public under the terms of State Statute 282 and has concluded that it has no viable public use. The parcel of property is described as follows: Parcel PIN Description Pending Specials 1 09-116-22-43-0007 OUTLOT H 0 EDENVALE INDUSTRIAL PARK Background Parcel No. 1 is an 8,980 square foot(.20 acre)parcel of land that lies between Corporate Way and the Xcel Power Substation property. It is a parcel of land that was created in 1970 with the approval of Edenvale Industrial Park.Outlot H originally contained a spur rail line that serviced the area but it has been abandon for many years. Currently the land is being used as an informal access for people to reach the LRT bike trail but the parcel doesn't physically connect to the LRT land parcel. The parcel is blocked by 175 feet of property owned by Xcel Energy. The LRT land parcel is controlled by the Hennepin County Light Rail Transit Authority and the trail operates through a trail easement held by Three Rivers Park District. City Council Consent Calendar January 18, 2011 Resolution Advising Disposal of Tax Forfeited Land Page 2 of 2 Recommendation Staff has review the public use options for the parcel and recommend that the City Council advise Hennepin County that the City is not interested in seeking conveyance of the parcel and that the parcel should be sold to an adjacent property owner. Attachments 1. Notice of Meeting- Hennepin County 2. 1540 Conservation/Non-Conservation List 3. Resolution 4. Parcel Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION ADVISING THE DISPOSITION OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin, Conservation/ Non-Conservation List#1540 C/NC, which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282, the City Council is asked to give input regarding the disposition of these parcels of land; and WHEREAS, the City has been notified that Hennepin County will be holding a public meeting on February 25, 2011 to take public input related to the property as provided for in Minnesota Statute 282; and WHEREAS,the City can request conveyance of the property to the City for public use without monetary consideration or provide input to the County Board of the suggested disposition of the property. NOW, THEREFORE,BE IT RESOLVED that the City of Eden Prairie does not have an interest in requesting the Board of Hennepin County convey the property to the City for public use and does advise the Board of Hennepin County to dispose of this parcel in the following way: Parcel should be sold to an adjacent property owner- PIN 09-116-22-43-0007 with no pending special assessments ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: January 18, 2010 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Eden Pointe Parking Expansion Development/Planning Janet Jeremiah/Scott A. Kipp Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned U nit Development C oncept Amendment on 5.82 acres; and • Approve 1 s t R eading oft he 0 rdinance f or Zoning D istrict Change f rom R egional Commercial to 1-2 on 2.98 acres; and • Adopt the Resolution for Preliminary Plat of 5.82 acres into one lot and one outlot; and • Direct S taff t o p repare a D evelopment A greement i ncorporating Staff an d Commission recommendations and Council conditions. Synopsis This project is an expansion of the parking lot for the existing building at 7400 F lying C loud Drive by combining the a dj acent pr operty t o the north. The M etropolitan C ouncil's Locally Preferred Alignment for the Southwest Transitway will directly impact both parcels included in the development proposal. Background Information The e xisting building w as granted a w aiver t o allow m ore than 50% office us e. The parking requirement for the 32,800 square foot building, based on 57% office and 43% warehouse use, is 101 parking stalls. The plan meets this requirement. The developer wants to provide additional parking to allow for greater flexibility for leasing to a potential tenant. The approved 1984 P UD c oncept pl an shows a 40,000 s q. ft. office building on the adjacent north pr operty. T he proposed amendment is to use the property for a dditional parking. The proposed plan shows the construction of an additional 90 parking stalls meeting code. In May 2010 the Locally Preferred Alternative (LPA) alignment for the Southwest Transitway was formally adopted by the Met Council. This alignment, which is also known as Alignment 3A, is shown on Exhibit A. A more detailed map of the proposed alignment in the vicinity Eden Pointe pr oject i s s hown i n E xhibit B . As c urrently pr oposed t he S outhwest T ransitway alignment will directly impact both parcels included in the development proposal. The impacts could r esult i n a pa rtial or full pr operty t aking t o a ccommodate t he S outhwest T ransitway project. The Developer has been informed of this potential future impact to their property. In City Council Agenda Eden Pointe Parking Expansion January 18, 2011 Page 2 addition, the development plans have been forwarded to both the Met Council and the HCRRA. As of this time we have not received comment from either agency on the proposed development. The 120-Day Review Period Expires on March 11, 2011. Planning Commission Recommendation The Planning Commission voted 4-0 to recommend approval of the project at the December 13, 2010 meeting. Attachments 1. Resolution for PUD Concept Amendment 2. Resolution for Preliminary Plat 3. Staff Report dated December 10, 2010 4. Staff Report—LRT Exhibit A 5. Staff Report- LRT Exhibit B 6. Location Map 7. Land Use Map 8. Zoning Map 9. Aerial photo 10. Planning Commission Minutes dated December 13, 2010 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT OF EDEN POINTE PARKING EXPANSION 2010 FOR LIBERTY PROPERTY LIMITED PARTNERSHIP 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 December 13, 2010, on Eden Pointe Parking Expansion 2010 by Liberty Property Limited Partnership and considered their request for approval of the PUD Concept Amendment plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on January 18, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Eden Pointe Parking Expansion 2010, 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 Amendment approval as outlined in the plans stamp dated January 12, 2011. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission December 13, 2010. ADOPTED by the City Council of the City of Eden Prairie this 18th day of January, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Eden Pointe Parking Expansion 2010 PUD Concept Amendment Legal Description: Lot 1, Block 1, Wilson Pointe, and Outlot B, Wilson Ridge, Hennepin County, MN. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN POINTE PARKING EXPANSION 2010 FOR LIBERTY PROPERTY LIMITED PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Pointe Parking Expansion 2010 for Liberty Property Limited Partnership stamp dated January 12, 2011, and consisting of 5.82 acres into one lot, and one outlot, 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 18th day of January, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: December 10, 2010 PROJECT: Eden Pointe Parking Expansion LOCATION: 7300 and 7400 Flying Cloud Drive APPLICANT/ Liberty Property Limited Partnership OWNERS: 120-DAY REVIEW: Expires March 11, 2011 REQUEST: • Planned Unit Development Concept Amendment on 5.82 acres • Zoning District Change from Regional Commercial to I-2 on 2.98 acres • Site Plan Review 5.82 acres • Preliminary Plat of 5.82 acres into one lot and one outlot Staff Report—Eden Pointe Parking Expansion December 10, 2010 BACKGROUND The Comprehensive Guide Plan shows the two parcel site as Industrial land use. Surrounding land uses are Industrial to the north and south, and High Density Residential to the east. The north site is zoned Regional Commercial. The south site with the existing building is zoned I-2. PUD AMENDMENT AND ZONING The approved 1984 P UD concept plan shows a 40,000 square foot office building for the north parcel. The PUD Amendment is to use the north parcel for additional parking. A zoning district change from Regional Commercial to 1-2 will be required for the north parcel to be consistent with the Comprehensive Plan. PARKING The existing building was g ranted a w aiver t o allow m ore than 50% office us e. The p arking requirement for a 32,800 square foot building, based on 57%office and 43%warehouse use,is 101 parking stalls. The plan meets this requirement. The proposed plan shows the construction of an additional 90 parking stalls. This plan meets the required parking dimensions and setbacks from property lines. PRELIMINARY PLAT The proposed lot meets the dimensional and square footage requirements of the I-2 zoning district. GRADING AND DRAINAGE The proposed plan meets the ponding and infiltration requirements. WETLANDS The plan meets the buffer zone and setback requirements. TREE REPLACEMENT, LANDSCAPING AND SCREENING OF PARKING The tree inventory indicates 315 caliper inches of significant trees on the property. A total of 24 inches will be lost. Tree replacement is 3 caliper inches. The plan meets this requirement. The proposed landscaping plan meets the screening of parking requirement. Staff Report—Eden Pointe Parking Expansion December 10, 2010 LIGHTING The proposed plan meets city requirements. POTENTIAL SOUTHWEST TRANSITWAY IMPACTS The "Southwest Transitway" is a p roposed L ight R ail T ransit(LRT) lin e th at w ill c onnect downtown Minneapolis to Eden Prairie through St. Louis Park, Hopkins and Minnetonka. The Hennepin County Regional Railroad A uthority(HCRRA) a nd t he M etropolitan C ouncil a re developing the Southwest Transitway project with the goal of it being operational by 2017. In May 2010 the Locally Preferred Alternative (LPA) alignment for the Southwest Transitway was formally adopted by the Met Council. This alignment, which is also known as Alignment 3A, is shown on Exhibit A. A more detailed map of the proposed alignment in the vicinity Eden Pointe project is shown in Exhibit B. As currently proposed the Southwest Transitway alignment will directly impact both parcels included in the development proposal. The impacts could result in a partial or full property taking to accommodate the Southwest Transitway project. The Developer has been informed of this potential future impact to their property. In addition, the development plans have been forwarded to both the Met Council and the HCRRA. As of this time we have not received comment from either agency on the proposed development. TRAFFIC DEMAND MANAGEMENT (TDM) The purpose of a TDM plan is to reduce peak hour traffic. Carpooling and flexible work schedules are the primary methods used by most employers to help reduce peak hour traffic. TDM plans are required for all new developments on properties zoned either Office or Industrial. SPECIAL ASSESSMENTS The Trunk assessments are required. The assessment is calculated based on the 0.95 assessable acres at the 2011 trunk assessment rate of$6,813/acre for a total assessment of$6,472.35. A special assessment agreement is required. STAFF RECOMMENDATIONS Recommend approval of the following request: • Planned Unit Development Concept Amendment on 5.82 acres • Zoning District Change from Regional Commercial to I-2 on 2.98 acres • Site Plan Review 5.82 acres • Preliminary Plat of 5.82 acres into one lot and one outlot This is based on plans stamp dated November 24, 2010 and the following conditions: Staff Report—Eden Pointe Parking Expansion December 10, 2010 1. Prior to Final Plat release, the proponent shall: A. Provide a Traffic Demand Management (TDM)Plan for review and approval. As part of this requirement a monetary security, equal to the value of the 2-year TDM budget will be required. B. Enter in to a S pecial A ssessment A greement w ith th e C ity for trunk sewer and watermain assessments. 2. Prior to grading permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility, and erosion control plans for review by the Watershed District. B. Notify the City and Watershed District 48 hours in advance of grading. C. Install erosion control at the grading limits. D. Provide a tree replacement/landscaping surety equivalent to 150%of the cost of the landscaping plan. Transitway Description 0 • 15 miles, 17 stations • Will interline with CCLRT Target Field Station �,•a' ' to provide direct °"°� ' a - -.� 1 Al. I ! ' Itoya[ston Sta ion Van White Station • N k,. connections to downtown rawntoWn rti 394� nnea - 0 St. Paul and t h e U of M I�� Penn Station 21 st Street Station 1. oG�. % AI' i � 7pI,vNNESUNKP N BLVD �� _. -r_-_; 7d ., 07 1 �. :. W Lake Station it_ O ,o o _ -L 7 0 I. ° �� o'y \II'VNI..a P[1115 ,r. Vie, 18t.PPI;INS ,i i5 I'.AI<I: I �� '� I . - t00 r,ulnA ihil1lN\11.IoN11,_1 0 --- a'6 Opu- Station EDEN, `i$,' tation I'R.1IR1F "i i Gol-en S A finagle ,.k .4.x° • Station •,4(;•eP J.r 0p. 1 to`aC o c` - c `J a ____.--ip. ____ MIS Eden Prairie ili Town Cente lta�l A Metropolitan Council Hennepin 0 MetroTransit AA a service of the Metropolitan Council EDEN PRAIRIE . MINNETONKA ■ EDINA ■ HOPKINS r ST LOUIS PARK • MINNEAPOLIS i F { • • • ---._ .,...-..40.,e....,- -- ••• .......-+ ..... ,N...,. • . . . ,., . : . .1... . . . . . . . • . ._ . . . __ . . ... . •. ...,.., ,,, . . r `. ,. y F{ + ,::1, iiii . r irk. L'{ " 3'4 s fly - I liP .: r. J. if'. ' J 9 rfi • f• ..�If ry + k ` T .. --is, a # / { ,.. ! Jr #i A Area Location Map - Eden Pointe Parking Lot Expansion Address: 7300 and 7400 Flying Cloud Drive, Eden Prairie, MN 55344 /40.; 4110 / m State Hwy 212 ar wL .,.,: 7300L___ Flying Cloud Drive 212 7400 i i Valley View Road i i 0 235 4 $ /•,0 Feet 212 1 1 1 1 1 1 1 I.' Guide Plan Map Eden Pointe Parking Lot Expanision 7300 and 7400 Flying Cloud Drive, Eden Prairie, MN .2 , , 111.\ , HWY 212 Flying Cloud Drive T 7300 k . 7400 i 7 i 111,1111. / i / Valley View Road / / i i '` •f � e P airie Lan Use Guide - 4 Map 0-2 Legend Rural Residential 0.10 Units/Acre Neighborhood Commercial N Streams p� Principal Arterial V//a Low Density Residential 0-2.5 Units/Acre ^ Community Commercial Low Density/Public/Open Space - Regional Commercial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center —B Minor Arterial ' . i 'l DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office Park/Open Space - DATE Revised 01-07-05 DATE Revised 03-01-07 Major Collector EDEN DATE Revised 11-07-05 DATE Revised 06-01-07 En High Density Residential 10-40 Units/Acre FA Public/Quasi-Public -Minor Collector DATE Revised 02-23-06 DATE Revised 10-01-07 DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE '2 Office/Industrial Open Water uVE•wOxK•QAEAM WZ Office/Public/Open Space Right-Of-Way MnWu oQ"m.. :oo m_o F® "^�ei1ne ®u®:°aF�^ s 0.125 0 - Industrial I I Miles Zoning Map Location Eden Pointe Parking Lot Expansion 7300 and 7400 Flying Cloud Drive, Eden Prairie, MN 1111 ."Ji mill riff N Iii `_ Flying Cloud Drive 7400 fr, , kik r-- : % L 7_______________J._.___ ___ - = . . or 11111*/ Valley View Road _.-------"- . \T iiiii ,,, �1 \O1 ki. en Prairie Zoning Map Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. 1-7TC-C NE I Natural Environment Waters R1-22 One Family-22,000 sf min. n TC-R I RD I Recreational Development Waters R1 13.5 One Family 13,500 sf min. al TC MU I GD I General Development Waters(Creeks Only) I t . i R1-9.5 One Family-9,500 sf min. Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. 1.1r1 General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Office J Public Date:March 1,2009 Neighborhood Commercial I Golf Course In case of discrepancy related to a zoning classitmaeon on this zoning map,the ordinance LIVE•wOHK•OHEAM and attached legal description on file at Eden Paine Ciry Center will prevail. -Community Commercial Water -Highway Commercial Right of Way 0 0.15 0.3 -Regional Service Commercial Miles Aerial Map Eden Pointe Parking Lot Expansion 7300 and 7400 Flying Cloud Drive, Eden Prairie, MN -_I, .... _ it'$' -: ...! , .... _ t .. ..- . ..., .... .. .„: .„ 4,-- 0 .....„.. a sy - Iirr-,,,._ . 7, ,I It . 4.. , : ‘... ' .. ' . s_ A 7300 .. :; �� ,1 ~ -. -, Flying Cloud Drive ••_ w ■ II ""wa'7400 HWY 212 // _....t n r:: "10 --- ' ' 1' _ f I 1. " OP/10 . . I 5, # f * �, , * ' Valley View Road 7 / M1 ,'-4 7"11 '\'-.1 , .-ilt T ., -11goillr'..'- * APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 13, 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, Pitzrick and Wuttke were absent. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Kirk, to approve the agenda. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 8, 2010 MOTION by Kirk, seconded by Schultz, to approve the minutes. Motion carried 4-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN POINTE PARKING LOT EXPANSION (2010-06)by Liberty Property Limited Partnership. Location: 7300 and 7400 Flying Cloud Drive Request for: • Planned Unit Development concept Amendment on 5.82 acres. • Zoning District Change from Regional Commercial to I-2 on 2.98 acres. • Site Plan Review on 5.82 acres. • Preliminary Plat of 5.82 acres into one lot and one outlot. Rick Weiblein, Vice President of Liberty Property Trust, presented the proposal. He stated they are looking to have additional parking for the tenants in the building. He pointed out they have been working with Mr. Franzen on this project and the specifics are included in the staff report. Stoltz asked Franzen to review the staff report. Franzen stated staff recommendation is for approval. He did have one comment about the light rail project. He stated Exhibit B shows the current alignment of the light rail, which goes through the parcel owned by Liberty Property. The impacts of the light rail could result in a partial or full property taking to accommodate the Southwest Transitway project. Franzen stated Mr. Weiblein has been informed of the potential future impact to their property. Because it could take years for the light rail project to be approved, the City has to approve this request because it conforms to the guide plans for Industrial Zoning. Stoltz asked how close the 2017 date is for approval of the project. Franzen stated we will just have to wait and see because the change with the election could impact this date. Stoltz asked if the project could potentially be completed before 2017. Franzen stated it would not be completed before 2017. Stoltz asked Mr. Weiblein to show Exhibit B,utilizing the overhead projector. Mr. Weiblein showed the location and alignment of Exhibit B light rail. He stated 2017 would probably be the earliest for the light rail project because each process has to get additional funding. Lee asked Mr. Weiblein if access to the parking lot was through Flying Cloud Drive or another entrance. Mr. Weiblein stated it would be through Flying Cloud Drive only. Stoltz opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Lee, to close the public hearing. Motion carried 4-0. MOTION by Kirk, seconded by Schultz, to recommend approval of Planned Unit Development concept Amendment on 5.82 acres, Zoning District Change from Regional Commercial to I-2 on 2.98 acres, Site Plan Review on 5.82 acres and Preliminary Plat of 5.82 acres into one lot and one outlot based on plans stamped dated November 24, 2010, and the staff report dated December 10, 2010. Motion carried 4-0. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Sue Kotchevar, Office of the Resolution Relating to Multifamily Housing City Manager Revenue Bonds (Rolling Hills Project) Subordinate Series 2001C and 2001E; Authorizing the Reissuance Thereof and Execution and Delivery of First Supplemental Subordinate Indenture of Trust Requested Action Move to: • Close the public hearing, and • Adopt a resolution relating to multifamily housing Revenue Bonds (Rolling Hills Project) S ubordinate S eries 2001C a nd 2001E ; A uthorizing t he R eissuance Thereof a nd t he E xecution a nd D elivery of a First S upplemental S ubordinate Indenture of Trust Synopsis The B orrower h as i ndicated a d esire t o am end the S ubordinate Indenture of T rust( the "Indenture") d ated as o f A ugust 1, 2001,be tween the C ity of E den P rairie and U.S. B ank National Association, as trustee (the"Trustee"). The changes have no financial impact to the City and the bondholders have consented to the change. The changes no longer provide for early payments on principle but rather defer payments to the due date on the bond payment schedule. Because the am endment effected b y the S upplemental Indenture has the effect o f m aterially deferring payment of the Series 2001E Bonds within the meaning of the Internal Revenue Code of 1986, a s amended and a pplicable T reasury Regulations, the S eries 2001E B onds w ill be considered"reissued." Since the Series 2001C Bonds were issued as part of a single issue for tax purposes and are also being paid on an alternate schedule (with the final payment in April, 2011), they will also be reissued Reissuing the Bonds on a tax-exempt basis requires the holding of a public hearing, approval by the City and filing of a new IRS Form 8038. Attachments Resolution First Supplemental Subordinate Indenture of Trust CERTIFICATION OF MINUTES Municipality: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, January 18, 2011, at 7:00 p.m. at the City Hall in Eden Prairie, Minnesota. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): through including: RESOLUTION NO. RESOLUTION RELATING TO MULTIFAMILY HOUSING REVENUE BONDS (ROLLING HILLS PROJECT) SUBORDINATE SERIES 2001C AND 2001E; AUTHORIZING THE REISSUANCE THEREOF AND THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST I, the undersigned,being the duly qualified and acting recording officer of the municipal corporation considering the actions referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at the meeting, insofar as they relate to the actions; that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law and that the above-described Resolution has not been amended or repealed as of the date hereof. WITNESS my hand officially as such recording officer this day of January, 2011. Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION RELATING TO MULTIFAMILY HOUSING REVENUE BONDS (ROLLING HILLS PROJECT) SUBORDINATE SERIES 2001C AND 2001E; AUTHORIZING THE REISSUANCE THEREOF AND THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST WHEREAS, the City of Eden Prairie, Minnesota(the "City")has previously issued its Multifamily Housing Revenue Bonds (Rolling Hills Project) Subordinate Series 2001C (the "Series 2001C Bonds") and its Multifamily Housing Revenue Bonds (Rolling Hills Project) Subordinate Series 2001E (the "Series 2001E Bonds"; together with the Series 2001C Bonds, the "Bonds")pursuant to a Subordinate Indenture of Trust dated as of August 1, 2001 (the "Original Indenture")by and between the City and U.S. Bank National Association, as trustee (the "Trustee"); and WHEREAS, the City has loaned the proceeds of the Bonds to SE Rolling Hills, LLC, a Delaware limited liability company(the "Borrower") whose members are Senior Care Communities, Inc., a District of Columbia nonprofit corporation and 501(c)(3) organization and Ebenezer Society, a Minnesota nonprofit and 501(c)(3) organization, to be used to finance a portion of the costs of the acquisition, construction and equipping of a 142-unit multifamily rental housing and health care facility located at the southeast corner of the intersection of Rolling Hills Drive and Prairie Center Drive in the City and certain related project costs and costs of issuance of the Bonds (the "Project"); and WHEREAS, the Borrower has requested that the City and the Trustee enter into a First Supplemental Subordinate Indenture of Trust (the "Supplemental Indenture")providing for certain amendments to the Original Indenture; and WHEREAS, the City's bond counsel has advised that the Supplemental Indenture provides for changes to the payment provisions of the Bonds that will cause the Bonds to be "reissued"within the meaning of the Internal Revenue Code of 1986, as amended(the"Code"); and WHEREAS, the City's bond counsel has advised that,based on information provided by the Borrower, the changes provided in the Supplemental Indenture require that a public hearing be held with respect to such reissuance pursuant to Section 147(f) of the Code; and WHEREAS, the City has held a public hearing on the date hereof,pursuant to duly published notice, with respect to the reissuance of the Bonds; and -2- WHEREAS, a form of the Supplemental Indenture has been presented to this Council and is hereby ordered to be placed on file in the office of the City Finance Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, as follows: 1. Approval of Reissuance of Bonds. The City hereby approves the reissuance of the Bonds. 2. Approval and Execution of Supplemental Indenture. The Supplemental Indenture, substantially in the form presented to this Council, is hereby approved. The Mayor and the City Manager(or, in the event of their absence or disability, the acting Mayor or the acting City Manager, respectively) are hereby authorized and directed to execute and deliver, as applicable, the Supplemental Indenture in the name of and on behalf of the City. The Supplemental Indenture shall be substantially in the form now on file in the office of the City finance director, with such necessary and appropriate variations, omissions and insertions as the City Attorney shall determine to be necessary or appropriate, and the execution thereof by the City Attorney shall be conclusive evidence of such determination. 3. Execution of Other Documents. Officers of the City are hereby authorized and directed to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Supplemental Indenture. 4. Limited Obligations. The Bonds are not to be payable from nor charged upon any funds of the City other than the revenues pledged to the payment thereof under the Original Indenture, as amended by the Supplemental Indenture (as so amended, the "Indenture"); the City is not subject to any pecuniary liability thereon; no holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City, except the revenue, including payments under the Subordinate Loan Agreement dated as of August 1, 2001, between the City and the Borrower(the"Loan Agreement"),pledged to the payment thereof under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable,upon any property of the City, except the revenue, including payments under the Loan Agreement pledged to the payment thereof under the Indenture. Adopted this 18th day of January, 2011. Nancy Tyra-Lukens, Mayor Attest: Kathleen Porta, City Clerk -3- Draft: 10 / / 10 FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST By and between CITY OF EDEN PRAIRIE, MINNESOTA As Issuer And U.S. BANK TRUST NATIONAL ASSOCIATION As Trustee MULTIFAMILY HOUSING REVENUE BONDS ( Rolling Hills Project ) Subordinate Series 2001 E Dated as of : 1, 200 THIS FIRST SUPPLEMENTAL SUBORDINATE INDENTURE OF TRUST, dated as of 1, 200_, between the CITY OF EDEN PRAIRIEM, MINNESOTA (the "Issuer"), a municipal corporation and political subdivision of the State of Minnesota (the "State") and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association duly organized and existing and authorized to accept and execute trusts of the character set forth herein and in the Original Indenture (as hereafter defined) by virtue of the laws of the United States, as trustee, together with any successor trustee (the "Trustee"). RECITALS WHEREAS: A. Pursuant to and in accordance with Minnesota Statutes, Chapters 462A and 462C, as amended (the "Act") the Issuer has issued its Multifamily Housing Revenue Bonds ( Rolling Hills Project ) Subordinate Series 2001E (the "E Bonds") pursuant to a Subordinate Indenture of Trust dated as of August 1, 2001 (the "Original Indenture") by and between the Issuer and the Trustee for the purpose of financing, in part, the acquisition, construction and equipping of a multifamily housing and healthcare facility and incidental facilities (the "Project") as described in the Original Indenture, and the Issuer loaned the proceeds of the E Bonds to SE Rolling Hills, LLC, a Delaware limited liability company (the "Borrower") pursuant to a Subordinate Loan Agreement, dated as of August 1, 2007 (the "Subordinate Loan Agreement") by and between the Issuer and the Borrower; B. Section 4.3 (E) of the Original Indenture allocates remaining (after the uses specified in Section 4.3 (A) through (D), inclusive) Residual Receipts (as defined in the Original Indenture) as follows: ". . .(E) fifth, (i) fifty percent (50%) to the Series 2001E Account, to pay interest accrued on, and to redeem the principal of the Series 2001 E Bonds on the immediately following Payment Date and (ii) the remainder to the Borrower." C. The Holders of all of the outstanding principal amount of the Series 2001 E Bonds have requested that the Issuer and the Trustee enter into this First Supplemental Subordinate Indenture of Trust (the "First Supplement") for the purpose of making a change in such clause (E) of Section 4.3 of the Original Indenture, and such Holders have consented in writing to the change set forth herein; NOW THEREFORE, the Issuer and the Trustee, in consideration of the agreements made herein and in the Original Indenture, and for the consideration described in the Original Indenture, the receipt and sufficiency of which is hereby mutually acknowledge, do hereby agree as follows: 1. Definitions; Effect. (a) Definitions. All terms capitalized and not otherwise defined herein shall have the meaning assigned to such terms by the Original Indenture. (b) Effect. Except as expressly amended and supplemented by this First Supplement, all of the terms and conditions of the Original Indenture shall remain in full force and effect. 2. Amendment to Section 4.3(E) of the Original Indenture; Series 2001 E Bonds Principal Schedule. (a) Section 4.3 (E) of the Original Indenture is hereby deleted in its entirety and replaced by the following: . . . (E) fifth, (i) to the Series 2001E Account, an amount sufficient to pay interest accrued on, and to redeem the scheduled principal due on the Series 2001E Bonds on the immediately following Payment Date and (ii) the remainder to the Borrower." (b) For the purposes of Section 4.3 (E), as hereby amended, the scheduled principal amounts due on account of the E Bonds shall be the principal amounts set forth in Exhibit C to the Original Indenture, and shall be paid as of each October 1 Payment Date as set forth therein. IN WITNESS WHEREOF, the Issuer and the Trustee have caused this First Supplemental Subordinate Indenture of Trust to be executed in their names and on their behalf by their duly authorized officers as of the day and year first above written. CITY OF EDEN PRAIRIE, MINNESOTA Issuer By: (SEAL) Mayor By: City Manager U.S. BANK TRUST NATIONAL ASSOCIATION By: (SEAL) Vice President CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims January 18, 2011 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 204561 - 205019 Wire Transfers 4080 - 4106 4088 —4097 December US Bank Purchasing Card Payment City of Eden Prairie Council Check Summary 1/18/2011 Division Amount Division Amount General 72,629 601 Prairie Village Liquor 83,033 100 City Manager 772 602 Den Road Liquor 176,990 101 Legislative 206 603 Prairie View Liquor 97,685 102 Legal Counsel -1,267 605 Den Road Building 5,606 110 City Clerk 6,748 701 Water Fund 63,959 111 Customer Service 9,597 702 Sewer Fund 7,149 112 Human Resources 239 703 Storm Drainage Fund 4,171 113 Communications 8,854 Total Enterprise Funds 438,591 114 Benefits&Training 3,111 130 Assessing 837 803 Escrow Fund 10,642 131 Finance 30 806 SAC Agency Fund 14,700 132 Housing and Community Services 150 Total Agency Funds 25,342 133 Planning -403 136 Public Safety Communications 5,049 807 Benefits Fund 636,038 138 Community Development Admin. 53 811 Property Insurance 830 150 Park Administration 114 812 Fleet Internal Service 63,454 151 Park Maintenance 35,648 813 IT Internal Service 56,854 153 Organized Athletics 2,077 814 Facilities Capital ISF 17,643 154 Community Center 22,166 815 Facilites Operating ISF 58,781 156 Youth Programs 730 816 Facilites City Center ISF 39,912 158 Senior Center 2,743 817 Facilites Comm.Center ISF 23,717 159 Recreation Administration 410 Total Internal Service Funds 897,228 160 Therapeutic Recreation 1,017 162 Arts 2,520 Report Total 2,976,614 163 Outdoor Center 259 167 CC-Youth Programs 49 168 Arts Center 3,974 171 AC-Therapeutic Recreation 20 180 Police 29,725 183 Emergency Preparedness 10,106 184 Fire 40,283 186 Inspections 1,100 200 Engineering 7,655 201 Street Maintenance 26,765 Total General Funds 293,967 301 CDBG 14,850 304 Senior Board 1 308 E-911 1,186 Total Special Revenue Funds 16,037 429 G.O.Improvement Bonds 2005C 101,973 430 G.O.Improvement Bonds 2006A 657,231 431 G.O.Improvement Bonds 2006B 245,685 433 2007A Facility Lease-3rd Rink 186,530 436 2009C G.O.CIP Refunding Bonds 790 437 G.O.Perm.Improv.2010A 5,825 Total Debt Service Funds 1,198,033 315 Economic Development 1,378 502 Park Development 271 503 Utility Improvement 76,396 509 CIP Fund 156 520 Parks Referendum 12,557 521 Trails Referendum 16,658 Total Capital Project Funds 107,415 City of Eden Prairie Council Check Register 1/18/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4099 1,004,489 WELLS FARGO BANK MINNESOTA NA Interest G.O.Improvement Bonds 2006B Bond Payment 204869 260,663 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4102 210,580 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 4105 141,658 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 4082 93,265 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink 4100 93,265 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink 204892 44,925 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 204659 39,721 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 204969 34,484 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Utility Improvement Fund 4097 30,267 US BANK Deposits Escrow 205015 29,515 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 204675 27,285 LOGIS Software Maintenance IT Operating 204970 25,004 SL-SERCO Other Contracted Services Infiltration/Inflow Study 204770 24,885 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 4104 24,328 ING Deferred Compensation General Fund 204633 23,790 HANSEN THORP PELLINEN OLSON Design&Engineering Utility Improvement Fund 204952 21,544 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 205019 21,250 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 4103 19,542 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 204836 19,416 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 204843 17,643 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 204704 16,658 NORTHWEST ASPHALT Improvement Contracts Trails Referendum 204975 16,391 ST CROIX ENVIRONMENTAL INC Other Contracted Services Utility Improvement Fund 204888 15,981 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 204721 15,862 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 205016 15,737 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 204787 15,736 ACTION FLEET INC Equipment Repair&Maint Fleet Operating 204711 15,510 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 204908 15,378 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 204752 14,965 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 204864 14,842 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 204872 14,076 HENNEPIN COUNTY PUBLIC WORKS-F Equipment Repair&Maint Traffic Signals 204652 13,623 INTEGRITY REMODELING&DESIGN Building Fire 204823 13,124 COMPAR INC Computers IT Operating 204596 12,975 CHARD TILING&EXCAVATING INC Other Contracted Services Riley Lake 204947 12,217 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 4087 12,005 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 204724 12,000 ROBERT C VOGEL Prepaid Expenses General Fund 204940 11,343 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 204586 10,350 BIG STEER MEATS Other Contracted Services Deer Consultant 204615 10,035 FEDERAL SIGNAL CORPORATION Other Assets Emergency Preparedness 204679 9,860 MARCO INC Operating Supplies IT Telephone 204628 9,690 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 204930 9,605 NORTHERN AIR CORPORATION Contract Svcs-HVAC Park Shelters 204832 9,575 DAY DISTRIBUTING Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204572 9,205 ASPEN EQUIPMENT CO. Machinery&Equipment Snow&Ice Control 204561 9,061 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 205005 8,703 VR BUILDERS Other Contracted Services Rehab 204691 8,637 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 204699 8,316 MUNICIPAL WATER SOLUTIONS LLC Treatment Chemicals Water Treatment Plant 205013 7,992 WINE MERCHANTS INC Transportation Den Road Liquor Store 204763 7,390 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#2 204936 7,126 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 204845 7,035 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering 204707 6,926 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 204771 6,858 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 205007 6,775 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 205006 6,761 VTI Operating Supplies Police 204595 6,664 CERIDIAN Ceridian IT Operating 204986 6,416 THORPE DISTRIBUTING Beer Prairie View Liquor Store 204581 6,241 BELLBOY CORPORATION Transportation Prairie View Liquor Store 204977 6,157 STATE SUPPLY COMPANY Supplies-Plumbing Park Shelters 204627 6,094 GRAYMONT Treatment Chemicals Water Treatment Plant 204993 5,745 UNIFORMS UNLIMITED Clothing&Uniforms Police 204798 5,727 BELLBOY CORPORATION Transportation Den Road Liquor Store 204973 5,684 SOUTHWEST SUBURBAN PUBLISHING- Printing Communications 204874 5,578 HENNEPIN COUNTY TREASURER Board of Prisoner Police 204703 5,549 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Public Works/Parks 204785 5,447 A-SCAPE INC Contract Svcs-Int.Landscape Den Bldg.-CAM 204678 5,431 MACHTEMES CONSTRUCTION INC Improvement Contracts Utility Improvement Fund 204564 5,379 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 204655 5,260 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 204846 5,147 ERIK THOMPSON CONSTRUCTION LLC Other Contracted Services Rehab 204837 5,000 DORSEY&WHITNEY LLP Bond Issue Costs G.O.Perm.Improv.2010A 204739 4,994 SPIRIT APPAREL&STUFF Printing Aquatics&Fitness Admin 204602 4,699 DAY DISTRIBUTING Beer Prairie View Liquor Store 204894 4,622 KEEPERS Clothing&Uniforms Fire 204978 4,569 STREICHERS Training Supplies Police 204589 4,480 BRAUN INTERTEC CORPORATION Other Contracted Services Parks Referendum 204700 4,467 NATIONAL LEAGUE OF CITIES Prepaid Expenses General Fund 204904 4,282 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 204768 4,190 WINE MERCHANTS INC Transportation Prairie View Liquor Store 204670 4,179 LIEBERMAN COMPANIES INC Capital under$10,000 Concessions 204634 3,924 HAWKINS INC Treatment Chemicals Water Treatment Plant 204817 3,922 CENTERPOINT ENERGY Gas Prairie Village Liquor Store 204639 3,901 HENNEPIN COUNTY TREASURER-TAXP Prepaid Expenses General Fund 204871 3,852 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 204610 3,668 EPA AUDIO VISUAL INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 204565 3,647 ABM EQUIPMENT AND SUPPLY COMPA Janitor Service Utility Operations-General 204637 3,520 HENNEPIN COUNTY ELECTIONS Equipment Repair&Maint Elections 204772 3,416 XCEL ENERGY Electric Traffic Signals 204943 3,380 POMP'S TIRE SERVICE INC Tires Fleet Operating 204831 3,300 DAKOTA SUPPLY GROUP INC Repair&Maint. Supplies Water Metering 204838 3,276 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204863 3,138 GRAYMONT Treatment Chemicals Water Treatment Plant 204638 3,102 HENNEPIN COUNTY ELECTIONS Equipment Repair&Maint Elections 204944 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 204941 2,984 PICKUP SPECIALTIES Machinery&Equipment Fire 204758 2,785 VAN PAPER COMPANY Cleaning Supplies Arts Center 204877 2,582 HOHENSTEINS INC Beer Den Road Liquor Store 204796 2,498 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 204773 2,380 XTREME INTEGRATION Contract Svcs-General Bldg Police City Center 204907 2,330 METRO SALES INCORPORATED* Equipment Repair&Maint Customer Service 204660 2,266 KEEPERS Clothing&Uniforms Fire 204641 2,250 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 204683 2,147 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 204844 2,123 EPI INVESTIGATIONS INC Design&Engineering Utility Improvement Fund 204788 2,097 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 204653 2,034 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 204583 1,913 BERNICK'S WINE Wine Domestic Prairie View Liquor Store 204815 1,865 CATCO PARTS SERVICE Equipment Repair&Maint Fleet Operating 204625 1,853 GRAINGER Equipment Parts Water Treatment Plant 4084 1,833 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 204674 1,831 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 204718 1,813 PROFORMA Printing Communications 204708 1,806 PEPSI COLA COMPANY Merchandise for Resale Concessions 204982 1,786 SUNRISE EQUIPMENT COMPANY Capital Under$10,000 Street Maintenance 204855 1,755 FORD,GARY Repair&Maint. Supplies Park Maintenance 204745 1,659 STAPLES ADVANTAGE Office Supplies Police 204910 1,653 MICHAELSON,ELIZABETH H Operating Supplies Theatre Initiative 204825 1,625 CORVAL CONSTRUCTORS INC Equipment Testing/Cert. Water Treatment Plant 204971 1,546 SNETTING,TIM Tuition Reimbursement/School Organizational Services 204987 1,475 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 204875 1,400 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Police 204578 1,398 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 204841 1,378 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund 204585 1,352 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 204834 1,335 DECORATIVE DESIGNS INC Contract Svcs-Garden Rm/Caf City Hall-CAM 205012 1,332 WINE COMPANY,THE Transportation Den Road Liquor Store 204911 1,324 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store 204784 1,319 A J ROUSE LLC Deposits Escrow 204747 1,306 STREICHERS Clothing&Uniforms Police 204756 1,303 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 204598 1,280 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 204938 1,274 PETSMART Canine Supplies Police 204614 1,266 FASTSIGNS Operating Supplies Ice Arena 204715 1,199 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Riley House 204706 1,180 OPPIDAN INC Deposits Escrow 204829 1,172 CUSTOM HOSE TECH Equipment Parts Fleet Operating 204689 1,168 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Prairie View Liquor Store 204853 1,134 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 204842 1,121 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 205003 1,114 VINOCOPIA Transportation Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204996 1,100 UNIVERSITY OF MINNESOTA Conference Expense Inspections-Administration 204567 1,094 ALTERNATIVE BUSINESS FURNITURE Contract Svcs-General Bldg Fire Station#1 204566 1,054 AERO DRAPERY AND BLIND Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 204696 1,050 MRPA Prepaid Expenses General Fund 204899 1,000 LESS MESS LLC Other Contracted Services Rehab 204803 964 BLOOMINGTON SECURITY SOLUTIONS Supplies-General Building City Center Operations 204859 945 GOOD,JAMIE Tuition Reimbursement/School Organizational Services 204626 944 GRAPE BEGINNINGS Transportation Den Road Liquor Store 204928 942 NEW FRANCE WINE COMPANY Wine Imported Den Road Liquor Store 204883 914 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 204750 911 SURLY BREWING CO Beer Prairie View Liquor Store 204953 903 QWEST Telephone IT Telephone 204607 903 EDINA,CITY OF Printing Therapeutic Rec Administration 204713 899 PITNEY BOWES Postage Customer Service 204593 891 CDW GOVERNMENT INC. Operating Supplies Traffic Signs 204775 876 YALE MECHANICAL INC Maintenance Contracts Water Wells 204575 843 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 204862 833 GRANICUS INC Software Maintenance IT Operating 204622 814 GEMPLER'S Clothing&Uniforms Water Treatment Plant 204934 803 ON CALL SERVICES Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 204795 790 BANK OF NEW YORK MELLON,THE Paying Agent 2009C G.O.CIP Refunding Bonds 204588 779 BOURGET IMPORTS Transportation Prairie View Liquor Store 204886 770 JANEX INC Small Tools City Center Operations 204824 745 CORNERSTONE Tuition Reimbursement/School Police 204812 744 CANNON RIVER WINERY Wine Domestic Den Road Liquor Store 204762 730 VTI Contract Svcs-Security Den Road Building 204988 713 TOEWE,GLENN A. Operating Supplies Fire 204646 704 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 204761 704 VISTAR CORPORATION Merchandise for Resale Concessions 204981 700 SUN CONTROL OF MINNESOTA Contract Svcs-General Bldg Liquor Store 3 204767 695 WINE COMPANY,THE Transportation Prairie View Liquor Store 204858 694 GE CAPITAL Other Rentals Customer Service 204801 693 BEST BUY Supplies-General Bldg Fire Station#1 204983 692 SURLY BREWING CO Beer Den Road Liquor Store 204651 691 INNOVATIVE GRAPHICS Clothing&Uniforms Police 204985 690 TAMS-WITMARK MUSIC LIBRARY INC Other Contracted Services Summer Theatre 204740 681 SPRINT Wireless Subscription IT Operating 204777 662 GE CAPITAL Other Rentals Customer Service 205004 660 VISTAR CORPORATION Merchandise for Resale Concessions 204760 646 VINOCOPIA Transportation Den Road Liquor Store 204736 641 SHANK CONSTRUCTORS INC Equipment Repair&Maint Water Treatment Plant 204569 635 ANCHOR PAPER COMPANY Office Supplies Customer Service 204849 633 FERRELLGAS Gas Riley House 204644 630 HINTZE,ROBERT Insurance Property Insurance 204937 624 PEPSI COLA COMPANY Merchandise for Resale Concessions 204748 623 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 204820 619 CLAREYS INC Protective Clothing Fire 204779 614 LANDFORM Deposits Escrow 204789 613 AL'S COFFEE Merchandise for Resale Concessions Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204688 605 MIDWEST ASPHALT CORPORATION Other Rentals Community Center 204776 600 ZOTA SAFETY SERVICES LLC Tuition Reimbursement/School Fire 204604 597 DELL Other Hardware IT Operating 204811 585 C&H DISTRIBUTORS LLC Capital Under$10,000 Water Treatment Plant 204759 576 VARGAS,JOSHUA A Other Contracted Services Basketball 4101 574 CERIDIAN Garnishment Withheld General Fund 204954 566 QWEST Maintenance Contracts E-911 Program 204957 552 REBS MARKETING Other Contracted Services Environmental Education 205009 550 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Penn.Improv.2010A 204802 536 BIFFS INC Waste Disposal Park Maintenance 204994 529 UNITED WAY United Way Withheld General Fund 204833 525 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating 204648 516 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 204694 504 MINNESOTA STATE FIRE DEPT ASSN Prepaid Expenses General Fund 204860 504 GRAINGER Repair&Maint.Supplies Fire 204819 502 CHRISTIANSEN,MIKE Other Contracted Services Basketball 204697 501 MT GLOBAL LLC Transportation Prairie View Liquor Store 204933 500 OLSEN COMPANIES Equipment Parts Fleet Operating 204818 499 CERIDIAN Ceridian IT Operating 204854 497 FORCE AMERICA Equipment Parts Fleet Operating 204640 493 HENNEPIN TECHNICAL COLLEGE Tuition Reimbursement/School Fire 204742 492 SPS COMPANIES Repair&Maint. Supplies Water System Maintenance 204948 489 PROP United Way Withheld General Fund 204624 485 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 204926 474 MT GLOBAL LLC Transportation Den Road Liquor Store 204813 473 CARDIAC SCIENCE CORPORATION Repair&Maint. Supplies Fire 204701 473 NEW FRANCE WINE COMPANY Transportation Prairie View Liquor Store 204956 460 RAYMOND PRODUCTS CO INC Small Tools Fitness/Conference-Cmty Ctr 204693 460 MINNESOTA CLAY CO.USA Recreation Supplies Arts Center 204680 454 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 204964 450 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications 204623 443 GESSER CO Deposits Escrow 204972 442 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 204913 425 MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 204927 424 MULCAHY COMPANY INC Supplies-HVAC City Hall-CAM 204885 421 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 205001 420 VERIZON WIRELESS Pager&Cell Phone IT Operating 204822 408 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 204616 401 FEDEX KINKO'S OFFICE AND PRINT Office Supplies Infiltration/Inflow Study 204765 400 WELLS FARGO BANK MINNESOTA NA Prepaid Expenses G.O.Improvement Bonds 2005C 204921 394 MORAN USA,LLC Transportation Den Road Liquor Store 204673 388 LIONS TAP Operating Supplies Fire 204601 385 CUSTOM HOSE TECH Equipment Parts Fleet Operating 204727 375 SAMUEL FRENCH INC Prepaid Expenses General Fund 204603 373 DELEGARD TOOL CO Equipment Parts Fleet Operating 205018 373 XCEL ENERGY Electric Forest Hills Park 204642 369 HEUN ENTERPRISES,INC Liquor Prairie Village Liquor Store 205000 359 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 204827 352 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204962 350 RUE,RODNEY Mileage&Parking Engineering 204848 342 FASTENAL COMPANY Equipment Parts Fleet Operating 204989 334 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 204579 334 BEARPATH GOLF AND COUNTRY CLUB Deposits Escrow 204808 330 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 204592 328 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 204880 328 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 204716 326 PREMIUM WATERS INC Operating Supplies Fire 204753 324 THYSSENKRUPP ELEVATOR CORPORAT Contract Svcs-Elevator Senior Center 204852 323 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Den Road Liquor Store 204597 323 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 204895 315 KIDCREATE STUDIO Instructor Service Arts Center 204828 314 CUSTOM HEADSETS INC Capital Under$10,000 E-911 Program 204662 300 KNUDTSON,STEVE Other Contracted Services Broomball 204783 300 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 204960 300 ROOT 0 MATIC Contract Svcs-Plumbing Ice Arena Maintenance 204946 289 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 204749 288 SUMMIT PLACE Deferred Revenue General Fund 204814 288 CAT&FIDDLE BEVERAGE Wine Domestic Prairie View Liquor Store 204935 288 PARK JEEP INC Equipment Parts Fleet Operating 204909 278 METROPOLITAN FORD Equipment Parts Fleet Operating 204669 277 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating 204807 275 BOYER TRUCKS Equipment Parts Fleet Operating 204876 275 HENRY,PAUL Other Contracted Services Broomball 204931 275 NORTHLAND SECURITIES INC Bond Issue Costs G.O.Perm.Improv.2010A 204999 275 USPCA REGION 18 Dues&Subscriptions Police 204976 273 STAPLES ADVANTAGE Office Supplies Customer Service 205010 271 WHEELER LUMBER LLC Landscape Materials/Supp Park Acquisition&Development 204562 268 PETTY CASH 204790 267 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Operating 204840 263 EARL F ANDERSEN INC Signs Staring Lake 204949 257 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 204649 254 IKON OFFICE SOLUTIONS Equipment Repair&Maint Utility Operations-General 204991 252 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 204730 252 SCHWAB VOLLHABER LUBRATT SERVI Supplies-HVAC City Hall-CAM 204806 251 BOURGET IMPORTS Transportation Prairie View Liquor Store 204903 250 MASTER CRAFT LABELS INC Office Supplies Fire 204573 243 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 204870 240 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 204629 240 GUNNAR ELECTRIC CO INC Equipment Repair&Maint Traffic Signals 204861 240 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 204884 240 IZAAK WALTON LEAGUE OF AMERICA Other Contracted Services Environmental Education 204677 225 MAACO Equipment Repair&Maint Fleet Operating 204900 225 LORENZ,JOYCE Dues&Subscriptions Communications 204754 224 TRI COUNTY BEVERAGE&SUPPLY Beer Prairie Village Liquor Store 204968 216 SHI CORP Operating Supplies Police 204901 212 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store 204621 211 GE CAPITAL Other Rentals Customer Service 204897 210 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204925 210 MRPA Conference Expense Recreation Administration 204719 209 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 204816 207 CDW GOVERNMENT INC. Computers Communications 205017 205 WM MUELLER AND SONS INC Gravel Street Maintenance 204584 203 BERRY COFFEE COMPANY Office Supplies Fire 204676 201 M.AMUNDSON LLP Operating Supplies Prairie Village Liquor Store 204793 200 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 204606 200 DOMACE VINO Transportation Prairie View Liquor Store 204731 200 SCOTT COUNTY TREASURER Other Rentals Police 204733 200 SENSIBLE LAND USE COALITION Prepaid Expenses General Fund 204794 200 ATOM Tuition Reimbursement/School Police 204878 200 HUMFIELD,CODY Building Materials Park Maintenance 205011 200 WILS Conference Expense Recreation Administration 204929 200 NOKOMIS SHOE SHOP Clothing&Uniforms Utility Operations-General 204712 197 PINNACLE FIREWORKS Misc Taxable Den Road Liquor Store 204611 195 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 204722 192 QWEST Telephone E-911 Program 204958 190 RED WING SHOE STORE Clothing&Uniforms Facilities Staff 204898 190 LANO EQUIPMENT INC Equipment Parts Fleet Operating 204857 187 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 204757 184 UPS Postage Fire 4080 180 ING Deferred Compensation General Fund 204990 180 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 204920 180 MNFIAM BOOK SALES Training Supplies Fire 204645 179 HIRSHFIELD'S Repair&Maint. Supplies Utility Operations-General 204851 178 FISHER SCIENTIFIC Process Control Equipment Water Treatment Plant 204685 175 MERSC Prepaid Expenses General Fund 204778 175 IAAO Prepaid Expenses General Fund 204654 175 JANISZEWSKI,DAVID AR Utility Water Enterprise Fund 204571 160 ASPEN CARPET CLEANING Insurance Property Insurance 204587 160 BOLD,PAULINE Instructor Service Outdoor Center 204686 155 METROPOLITAN FORD Equipment Parts Fleet Operating 204613 154 FASTENAL COMPANY Equipment Parts Fleet Operating 204568 151 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 204791 151 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Den Road Liquor Store 204974 150 SPECIAL OPERATIONS TRAINING AS Dues&Subscriptions Police 204702 147 NEWTON,J.RANDALL Mileage&Parking Engineering 204636 147 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 204681 146 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 204918 145 MN JUVENILE OFFICERS ASSOCIATI Tuition Reimbursement/School Police 4085 144 VANCO SERVICES Miscellaneous Community Center Admin 204608 144 ELIASON,STEVE J Other Contracted Services Basketball 204734 143 SEYMOUR,JEFF AR Utility Water Enterprise Fund 204695 140 MORNEAU HOSPITALITY GROUP LLC Sign Permits General Fund 204924 140 MPELRA Conference Expense Human Resources 204902 140 MASS BAR-MATE CORP Transportation Den Road Liquor Store 204905 135 MD IAI Dues&Subscriptions Police 204914 135 MINNESOTA CRIME PREVENTION ASS Dues&Subscriptions Police 204879 130 I-STATE TRUCK CENTER Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204619 129 FOX VALLEY SYSTEMS INC Operating Supplies Park Maintenance 204582 126 BERGREN,BETH Instructor Service Classes/Programs/Events 204738 126 SOUTHWEST SUBURBAN PUBLISHING- Legal Notices Publishing City Clerk 204687 125 MICHAELSON,ELIZABETH H Operating Supplies Theatre Initiative 204955 124 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 4083 124 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits 204591 120 CALIRI,KATHARINE Accounts Receivable Community Center Admin 204743 120 SQUARE CUT Other Contracted Services Senior Center Administration 204737 119 SHRED-IT Waste Disposal City Center Operations 204751 118 TACTICAL COMMAND INDUSTRIES, Clothing&Uniforms Police 204850 118 FIRE SAFETY USA INC Small Tools Fire 204809 115 BUNCH,DENISE H Tuition Reimbursement/School Fitness Classes 204810 115 BUSSE,HOLLY Tuition Reimbursement/School Fitness Classes 204887 114 JASON'S DELI Operating Supplies Reserves 204792 109 ARNDT,DALE Small Tools Fleet Operating 204893 108 JOHNSTONE SUPPLY Supplies-HVAC Public Works/Parks 204723 108 RAY,LEE Other Contracted Services Basketball 204839 108 DUWENHOEGGER,J AR Utility Water Enterprise Fund 204698 107 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 204672 104 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 204599 103 COMCAST Wireless Subscription IT Operating 204590 102 BZB PRODUCTS Transportation Den Road Liquor Store 204786 101 ABLE HOSE&RUBBER INC Equipment Repair&Maint Water Treatment Plant 204782 100 NORTHERN GREEN EXPO Conference Expense Park Maintenance 204961 100 ROUDABUSH,NICHOLAS K Sales Tax Payable General Fund 204963 100 RUWITCH,TREVOR J Other Contracted Services Broomball 204868 98 HD SUPPLY FACILITIES MAINTENAN Supplies-General Bldg Fitness/Conference-Cmty Ctr 204800 97 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Infiltration/Inflow Study 204618 97 FIEDLER,MARIANNE AR Utility Water Enterprise Fund 204635 96 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Water Metering 205002 95 VINOANDES Transportation Prairie View Liquor Store 204965 92 SCHMIDT,COLIN Mileage&Parking Assessing 204631 90 GUTIERREZ,LEANNE Accounts Receivable Community Center Admin 204979 90 STRONER,ELIZABETH Operating Supplies Police 204835 90 DIRECTV Cable TV Community Center Admin 204576 88 BARTHOLOMEW,JOHN AR Utility Water Enterprise Fund 204609 85 ELVIN SAFETY Operating Supplies Park Maintenance 204995 85 UNIVERSITY OF MINNESOTA Lime Residual Removal Water Treatment Plant 204725 83 ROZEBOOM,DAVID Parking Permits Community Center Admin 204682 82 MCGRAW-HILL CONSTRUCTION ENR Prepaid Expenses General Fund 204746 81 STIVERS,BARRY AR Utility Water Enterprise Fund 204735 80 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 204997 80 UNLIMITED SUPPLIES INC Equipment Parts Fleet Operating 204612 80 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating 204922 79 MOTOROLA Equipment Repair&Maint Public Safety Communications 204966 78 SEVENICH,WENDY Mileage&Parking Community Center Admire 204915 77 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 204906 77 MENARDS Repair&Maint.Supplies Water Treatment Plant 204755 76 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204805 75 BOUNDLESS NETWORK Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 204570 73 ANCHOR PRINTING COMPANY Printing Police 204729 72 SCHIPULL,JEFF Other Contracted Services Basketball 204650 70 IMSA Prepaid Expenses General Fund 204766 69 WILHITE,AMY Accounts Receivable Community Center Admin 204923 69 MPCA Licenses,Permits,Taxes Utility Operations-General 204667 68 LAW ENFORCMENT TARGETS INC Training Supplies Police 204896 68 KRAEMERS HARDWARE INC Supplies-General Bldg Pool Maintenance 204666 64 LARKSPUR ENGINEERING&SUPPLY Equipment Parts Water Treatment Plant 204881 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 204919 64 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 204741 62 SPRINT Telephone Engineering 204632 62 HALL,BRANDI Accounts Receivable Community Center Admin 204668 62 LAWRENZ,CARLA Accounts Receivable Community Center Admin 204728 61 SCHARBER&SONS Equipment Parts Fleet Operating 204866 61 GS DIRECT Operating Supplies Engineering 204600 59 CONCRETE CUTTING&CORING INC Operating Supplies Street Maintenance 204692 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 204563 59 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 204577 57 BATTERIES PLUS Operating Supplies Park Maintenance 204967 57 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 204992 56 U-CARE Accounts Receivable Community Center Admin 204764 56 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 204594 53 CENTRAL ENVELOPE CORP Prepaid Expenses General Fund 204945 50 POWERPLAN OIB Equipment Parts Fleet Operating 4106 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 204882 50 INT'L ASSN FOR PROPERTY AND EV Dues&Subscriptions Police 204717 47 PRICE,DOUG AR Utility Water Enterprise Fund 204932 47 OCIEPKA,ROBERT AR Utility Water Enterprise Fund 204821 45 COMCAST Dues&Subscriptions City Council 204705 44 OLSEN COMPANIES Equipment Parts Fleet Operating 204661 43 KLOECKNER,LINDA Accounts Receivable Community Center Admin 204799 42 BERGREN,BETH Instructor Service Classes/Programs/Events 204780 40 MN PRIMA Prepaid Expenses Property Insurance 204643 39 HINKLE,MISTY AR Utility Water Enterprise Fund 204912 39 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 204605 37 DIRECTV Operating Supplies Police 204781 37 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 204617 36 FERRELLGAS Motor Fuels Fleet Operating 204630 35 GUPTA,ARUNA Accounts Receivable Community Center Admin 204664 35 KRAEMERS HARDWARE INC Office Supplies Utility Operations-General 204998 34 UPS Equipment Repair&Maint Public Safety Communications 204690 34 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 204847 34 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 205008 30 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 204980 29 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 204942 29 PINNACLE FIREWORKS Misc Taxable Den Road Liquor Store 204714 27 POWERPLAN OIB Equipment Parts Fleet Operating 204665 24 KRISS PREMIUM PRODUCTS INC Supplies-HVAC Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 204867 24 HALLOCK COMPANY INC Equipment Parts Water Treatment Plant 204917 24 MN DEPT OF TRANSPORTATION Operating Supplies Traffic Signals 204826 24 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 204726 23 RUHLIN,JOE Accounts Receivable Community Center Admin 204574 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 204774 20 YAHOO! Other Contracted Services Police 204620 20 G&K SERVICES Clothing&Uniforms Utility Operations-General 204830 20 DAKOTA COUNTY ADMINISTRATION C Licenses&Taxes Police 204873 20 HENNEPIN COUNTY TREASURER Licenses&Taxes Police 204647 18 HUSMANN,JAMES Accounts Receivable Community Center Admin 204684 17 MERLINS ACE HARDWARE Operating Supplies Street Maintenance 204916 17 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 204865 16 GROTH MUSIC Operating Supplies Community Band 204984 14 SYVERSON,HARLAN Accounts Receivable Community Center Admin 204856 14 G&K SERVICES Clothing&Uniforms Park Maintenance 204959 11 RIVERA,FRANK AR Utility Water Enterprise Fund 204732 10 SEELYE Equipment Parts Water Treatment Plant 204663 10 KOUBAYTARI,AHMED Accounts Receivable Community Center Admin 204804 10 BOUND TREE MEDICAL LLC EMS Supplies Fire 204671 9 LIFE SAFETY SYSTEMS Cash Over/Short General Fund 204744 5 ST.PETER,JOANIE Accounts Receivable Community Center Admin 4081 3 VANCO SERVICES Bank and Service Charges Sewer Utility-General 4086 3 VANCO SERVICES Bank and Service Charges Sewer Utility-General 2,976,614 Grand Total City of Eden Prairie Purchasing Card Payment Report 12/20/2010 Payment Amount Explanation Vendor Account Description Business Unit 21 US-Storage Bin Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 959 US-EasyGrab BasinCleaner POLLARD WATER Small Tools Sewer System Maintenance 59 US-Safety Equip.Rental A TO Z RENTAL CENTER Operating Supplies Park Maintenance 25 US-Hockey Rink Boards HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Park Maintenance 4 US-Driver's Safety Class WALGREEN'S#5080 Operating Supplies Senior Center Administration 13 US-Bingo Prizes DOLLAR TREE STORES,INC. Operating Supplies Classes/Programs/Events 91 US-B'day Party Supplies ORIENTAL TRADING Operating Supplies Senior Center Administration 100 US-Tickets to Play CHANHASSEN DINNER THEATRE Special Event Fees Trips -20 US-Coffee Supplies Refund COFFEE WHOLESALE Operating Supplies Senior Center Administration 17 US-B'day Party Supplies ORIENTAL TRADING Operating Supplies Senior Center Administration 56 US-Employee Recog.Food CUB FOODS EDEN PRAIRIE Operating Supplies Internal Events 715 US-Employee Recog.Meal BIAGGI'S RISTORANTE ITALIANO Miscellaneous Internal Events 56 US-Tickets and Lunch MILL CITY MUSEUM Operating Supplies Red Hat 70 US-Lunch N Learn RAINBOW FOODS INC. Operating Supplies Classes/Programs/Events 934 US-Tickets GUTHRIE THEATER Special Event Fees Trips 39 US-B'day Party Supplies DOLLAR TREE STORES,INC. Operating Supplies Senior Center Administration 1 US-Movie Rental REDBOX DVD Operating Supplies Classes/Programs/Events 878 US-Holiday Lunch KOWALSKI'S MARKET Special Event Fees Classes/Programs/Events 12 US-Coffee Supplies WALGREEN'S#5080 Operating Supplies Senior Center Administration 10 US-SeaFoam for C-Basin NAPA AUTO PARTS Repair&Maint.Supplies Storm Drainage 21 US-Hammer HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Storm Drainage 22 US-2 Batteries BATTERIES PLUS Repair&Maint.Supplies Sewer System Maintenance 181 US-New World Meeting BUDGET RENT-A-CAR Travel Expense Fire 246 US-New World Meeting EMBASSY SUITES Travel Expense Fire 42 US-New World Mtg Parking MPLS-ST PAUL INT'L AIRPORT Mileage&Parking Fire 31 US-Standby Crew Lunch CHIPOTLE Operating Supplies Fire 53 US-Response Trailer Parts HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signs 28 US-Response Trailer Parts HOME DEPOT CREDIT SERVICES Operating Supplies Traffic Signs 85 US-Ice Melters KRAEMERS HARDWARE INC Operating Supplies Fire 45 US-Conference RAIL-VOLUTION.COM Conference Expense Assessing 15 US-Building Materials HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 197 US-CO 62 Fence MENARDS Building Materials Street Maintenance 84 US-CO 62 Fence MENARDS Building Materials Street Maintenance 430 US-CO 62 Fence HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 676 US-Charged by Mistake US BANK Deposits Escrow 183 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance -676 US-Credited Back US BANK Deposits Escrow 223 US-Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 639 US-Meter for Unit Heater WALTERS CLIMATE,INC Equipment Parts Water Treatment Plant 6 US-LRT Workshop Parking MILL QUARTER MUNICIPAL RAMP Mileage&Parking Community Development Admin. 47 US-Correspondence Cards DAY-TIMER Office Supplies Community Development Admin. 150 US-Workshop-P.Fenrick MINNESOTA COUNCIL OF NONPROFIT Conference Expense Housing and Community Service 75 US-Replacement Radio BEST BUY Equipment Parts Fleet Operating 30 US-Retaining Wall Block HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 25 US-Hockey Rink Fence Ties STERLING FENCE INC Operating Supplies Park Maintenance 20 US-Banner Supplies KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 99 US-Cable Ties WAYTEK INC Operating Supplies Park Maintenance 25 US-Way 2 Go Prizes BATH&BODY WORKS Awards Organizational Services 100 US-Way 2 Go Gift Cards CRUMB GOURMET DELI Awards Organizational Services 269 US-Way 2 Go Prizes/Cards SPORTS AUTHORITY Awards Organizational Services 173 US-Recruitment Ad ABERDEEN NEWS COMPANY Employment Advertising Organizational Services 36 US-Recruitment Ad ABERDEEN NEWS COMPANY Employment Advertising Organizational Services 5 US-Recruitment Ad ABERDEEN NEWS COMPANY Employment Advertising Organizational Services 99 US-Webiner-Lori Kerns SHRM MN STATE CONFERENCE Conference Expense Human Resources 440 US-Two Batteries B&H PHOTO Video&Photo Supplies Communications 1,180 US-X-Box Gaming Systems BEST BUY Operating Supplies Public Safety Communications 157 US-Parts for Installation HOME DEPOT CREDIT SERVICES Operating Supplies Fire 7 US-Parts-New Gas Stoves HOME DEPOT CREDIT SERVICES Operating Supplies Fire -1 US-Testing Refund US BANK Bank and Service Charges Utility Operations-General 30 US-Mtg-Kotchevar&Wilson MINNESOTA GFOA Conference Expense Finance 38 US-SLC-Jay Lotthammer SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-SLC-Janet Jeremiah SENSIBLE LAND USE COALITION Miscellaneous Parks Administration 38 US-SLC-Gene Dietz SENSIBLE LAND USE COALITION Miscellaneous Parks Administration -1 US-Testing Refund US BANK Bank and Service Charges Utility Operations-General 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations-General 40 US-UB Recur.Credit Cards PAYPAL INC Bank and Service Charges Utility Operations-General 20 US-E-permit Web Security PAYPAL INC Equipment Repair&Maint IT Operating 2,818 US-Oct'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Building Surcharge General Fund Amount Explanation Vendor Account Description Business Unit 1,148 US-Oct'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 947 US-Oct'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund -98 US-Oct'10 Bldg Surcharge DEPT OF LABOR&INDUSTRY Other Revenue General Fund 38 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 97 US-Pro-Shop Vending SPORTS WORLD USA INC Merchandise for Resale Concessions 100 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 22 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 19 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 222 US-Skate Lesson Supplies OFFICEMAX CREDIT PLAN Operating Supplies Ice Arena 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 25 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 142 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 41 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 42 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 421 US-Concession Supplies NEXT DAY GOURMET Operating Supplies Concessions 137 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 112 US-Café Food KERNEL CONCESSION SUPPLY Merchandise for Resale Concessions 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 15 US-Café Food KOWALSKI'S MARKET Merchandise for Resale Concessions 26 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 15 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 22 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 20 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 13 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 50 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 81 US-Café Food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 99 US-Office Supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 23 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 34 US-Café Food RAINBOW FOODS INC. Merchandise for Resale Concessions 26 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 51 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 41 US-Café Food WALGREEN'S#5080 Merchandise for Resale Concessions 11 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 131 US-Council Workshop Food GINA MARIAS INC Miscellaneous City Council 30 US-Council Workshop Food KOWALSKI'S MARKET Miscellaneous City Council 62 US-Sunshine Fund FTD.COM Deposits Escrow 13 US-Lift Station Supplies HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Sewer Liftstation 21 US-Hanging Tool Hooks HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 1 US-Fitting for Brine Maker HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 30 US-Skimmer-Brine Maker DOLPHIN POOL AND SPA Operating Supplies Street Maintenance 45 uS-Boiler License-S.Berg DEPARTMENT OF LABOR AND INDUST Prepaid Expenses Water Enterprise Fund 45 US-Boiler License-Jason P. DEPARTMENT OF LABOR AND INDUST Prepaid Expenses Water Enterprise Fund 45 US-Boiler License-M.Albert DEPARTMENT OF LABOR AND INDUST Prepaid Expenses Water Enterprise Fund 213 US-Annual Mtg Luncheon JASON'S DELI Operating Supplies Police 57 US-Dispatch Resource Book PROFESSIONAL PRIDE TRAINING CO Training Supplies Police 50 US-Emergency Cot AMAZON.COM Operating Supplies Police 65 US-Parks Rental HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 108 US-Tools for Truck 122 HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 17 US-Rental Loader Supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 1 US-Tubing-Truck#722 NAPA AUTO PARTS Repair&Maint.Supplies Sewer System Maintenance 2,793 US-Art Ctr Hanging System WALKER DISPLAY INCORPORATED Operating Supplies Arts Center 131 US-Clay Tools AMAZON.COM Office Supplies Arts Center 75 US-Watercolor Crayons BLICK ART MATERIALS Office Supplies Arts Center 77 US-DayCare Recreat.Suppl. HEARTH SONG Recreation Supplies Day Care 44 US-Kids Basketball Hoop AMAZON.COM Operating Supplies Gymnasium(CC) 30 US-Decorations MICHAELS-THE ARTS&CRAFTS S Operating Supplies Community Center Admin 14 US-Stampers MICHAELS-THE ARTS&CRAFTS S Operating Supplies Fitness Center 41 US-Play Care Supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 47 US-Play Care Supplies WALMART COMMUNITY Operating Supplies Day Care 70 US-Batteries WALMART COMMUNITY Operating Supplies Fitness Center 54 US-Club Decorations CUB FOODS EDEN PRAIRIE Operating Supplies Community Center Admin 5 US-Club Decorations HOME DEPOT CREDIT SERVICES Operating Supplies Community Center Admin 100 US-Uniforms TARGET.COM Operating Supplies Fitness Center 495 US-Uniforms TARGET.COM Operating Supplies Community Center Admin 100 US-Uniforms TARGET.COM Operating Supplies Day Care 100 US-Uniforms TARGET.COM Operating Supplies Fitness Classes 123 US-Play Care Supplies ORIENTAL TRADING Operating Supplies Day Care 132 US-Play Care Supplies AMAZON.COM Operating Supplies Day Care 64 US-2 Grocery Carts TARGET Clothing&Uniforms Day Care 0 US-Misc EDEN PRAIRIE COMMUNITY CENTER Training Supplies Community Center Admin 15 US-Uniforms TARGET Clothing&Uniforms Community Center Admin Amount Explanation Vendor Account Description Business Unit 240 US-Uniforms TARGET Clothing&Uniforms Fitness Center 175 US-MAAO Mtg-Steve Sinell MAAO Conference Expense Assessing 175 US-MAAO Mtg-John Sams MAAO Conference Expense Assessing 175 US-MAAO Mtg-ColinSchmidt MAAO Conference Expense Assessing 175 US-MAAO Mtg-DaveBuswell MAAO Conference Expense Assessing 645 US-Co.62 Fence MENARDS Building Materials Street Maintenance 881 US-Co.62 Fence MENARDS Building Materials Street Maintenance 178 US-Co.62 Fence HOME DEPOT CREDIT SERVICES Building Materials Street Maintenance 75 US-Supplies CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 35 US-Supplies DECK STORE,THE Operating Supplies Park Maintenance 48 US-Shop Tools HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 17 US-Critter Supplies PETCO Operating Supplies Outdoor Center 6 US-Critter Supplies PETCO Operating Supplies Outdoor Center 53 US-Critter Supplies PETCO Operating Supplies Outdoor Center 23 US-Critter Supplies PETCO Operating Supplies Outdoor Center 580 US-Fraud Chrg to be Reimb. US BANK Deposits Escrow 435 US-Preschool Trip TARGET CENTER Instructor Service Preschool Events 102 US-Prairie Fest Food DAVANNI'S PIZZA Operating Supplies Youth Programs Administration 148 US-Prairie Fest Supplies TARGET Operating Supplies Youth Programs Administration 49 US-Non-School Day Snacks TARGET Operating Supplies CC-Special Events&Trips 45 US-Office Supplies WALMART COMMUNITY Operating Supplies Youth Programs Administration 18 US-Clay Program Supplies RAINBOW FOODS INC. Operating Supplies ac-Adaptive 2 US-Clay Program Supplies RAINBOW FOODS INC. Operating Supplies ac-Adaptive 35 US-Program Supplies AUTISM RESOURCE NETWORK Operating Supplies Accessibility 77 US-Sat.Night Out Bowling BRUNSWICK BOWLING LANES Special Event Fees Teen Programs 23 US-Electronics TARGET Video&Photo Supplies Aquatics&Fitness Admin 1,411 US-Dumb Bells/Body Bars POWER SYSTEMS Capital Under$10,000 Fitness Classes 90 US-Dumb Bells/Body Bars POWER SYSTEMS Capital Under$10,000 Fitness Classes -14 US-Credit Refund SPRINTAQUATICS.COM Recreation Supplies Pool Lessons -34 US-Credit Refund WALMART COMMUNITY Video&Photo Supplies Aquatics&Fitness Admin 290 US-Aquatic Supplies ADOLPH KIEFER&ASSOCIATES Recreation Supplies Pool Lessons 250 US-Monthly License Fee SCW FITNESS Recreation Supplies Pool Lessons 138 US-Lesson Supplies ADOLPH KIEFER&ASSOCIATES Recreation Supplies Pool Lessons 8 US-Training CD SAFARILAND Training Supplies Police 240 US-Training Class ATOM Prepaid Expenses General Fund 69 US-Conf Call Software WEBEX COMMUNICATIONS Computers IT Operating 100 US-Police Lock Display FASTSPRING Software IT Operating 726 US-PoliceAudioBase/Remote CABLES TO GO Miscellaneous IT Operating 138 US-New World Meeting D BRIAN'S DELI&CATERING Conference Expense CIP-Bonds 18 US-New World Meeting GARDEN ROOM FRATELLI'S GARDEN Conference Expense CIP-Bonds 76 US-Facility Remodeling AMAZON.COM Repair&Maint.Supplies Police City Center 76 US-Facility Remodeling AMAZON.COM Repair&Maint.Supplies Police City Center 76 US-Facility Remodeling AMAZON.COM Repair&Maint.Supplies Police City Center 76 US-Facility Remodeling AMAZON.COM Repair&Maint.Supplies Police City Center 25 US-Facility Remodeling AMAZON.COM Repair&Maint.Supplies Police City Center 71 US-Aluminum Scoops HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Utility Operations-General 30,267 Report Total CITY COUNCIL AGENDA DATE: SECTION: Reports of the City Manager January 18, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager City Manager Search Timeline Requested Action Move to: Set February 3, 2011, as the date for the City Council to conduct final interviews of the City Manager candidates. Synopsis The City Council interviewed the six finalists for City Manager on Saturday, January 8. They chose three candidates (Rick Getschow, Steve Mielke and Ryan Schroeder) to move forward in the interview process. The candidates will meet with staff and community leader panels on January 19 and will attend a public open house on January 20 at 3:30 in the Cambria Room at the Community Center. The City Council has indicated they would like to conduct the final interviews on Thursday, February 3.