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Home My WebLink AboutCity Council - 02/15/2011 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 15, 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. FUND BALANCE UPDATE II. PARK BOUNDARY INSPECTION UPDATE Council Chamber III. OPEN PODIUM IV. ADJOURNMENT • A B C D E F G H 1 2 3 Need 4 Long-term 5 12/31/2010 Over/ Projected Funding Fund 6 Fund Balance Target (Under) 12/31/2015 Solution Explanation Purpose Policy: Reserve 50% of tax revenue for The General Fund accounts for the basic resources to working capital and 15% of budget for carry out the general activities of the City including budget stabilization. Expect to be in administration, public safety, public works, and parks General Fund $ 22,520,883 $ 22,520,883 $ N/A compliance with policy for 12/31 /2010. and recreation. This fund accounts for all financial transactions not accounted for in another fund. 7 Funds used to pay for projects include Accounts for the general proceeds used to pay City liquor profits, tax levy, interest, antenna capital projects including the pavement management Capital Maintenance & Reinvestment Fund $ 5,398,030 N/A N/A $ (710,000) Yes revenue, etc. program, play structure replacement, etc. 8 Debt Funds , .. . _ rz • o pay deb • $ 4,092,038_ :. N/A .. .. :. N/A N` A • Funds in reserve to make debt Funds are legally obligated t t and cannot be 9 - payment• s • • r arty other purpose M . used fo ; . . The City has ten TIF distncts Accounts fortaxu. . .... t revenue set aside for TIF Project Fund $ :: 3• ,982,156 N/A NIA : . . N A ;:J • u 10 •• • • rp• oses defined in the TIF plarn 11 Economic Development Fund $ 3,777,366 N/A N/A $ 1 ,436, 166 Initiatives beyond 2015 are expected Accounts for money set aside to assist with economic development needs of the City .: other Future balances are dependent on cashAccounts or p e caponfees; grants, .and : park fee collections which are . ••••• contributions earmarked to expend onpark ac uisiti. P Park Fund 2 274 989 . N A' • xP q . N/A $ .. r l 189189$ . . , _ . .. toF project Assumes $300,000 cash park and a.evelopnent 12 fees annually . : . . ;jlegally'obli ated to pay for. Park Projects., ;;;;::;:!;':: Parks Referendum . ,: : -:: . J . $:: ,. , 2,080>820. . N/A. NIA $.: : , : . . . •Amount remauung from 2005 Park Funds are 13 _ .. Referendum Policy: Reserve 15% operating plus one Accounts for the costs associated with maintaining City • year capital. Recommend offsetting owned buildings. Revenues are primarily charges to with IT positive balance. Current other funds and interest earnings. • Facilities ISF $ 2,037,705 $ 1 ,678,428 $ 359,277 $ (632,000) Yes capital revenue is about $400,000 annually and capital expense $961 ,000. 14 A B ( C D J E J F J G H 2 3 Need 4 Long-term 5 12/31/2010 Over/ Projected Funding Fund 6 Fund Balance Target (Under) 12/31/2015 Solution Explanation Purpose Policy: Reserve 15% operating plus one Accounts for the costs associated with maintaining and year capital. Recommend offsetting upgrading the network, computer infrastructure, and with Facilities negative balance. communications service technologies that support the IT ISF $ 1 , 137,724 $ 365,000 $ 772,724 $ 365,000 In Place Current capital revenue and expense is City's mission-critical operations. Revenues are about $ 160,000 annually. primarily charges to other funds and interest earnings. 15 Policy: Reserve 15% operating plus one Accounts for the costs associated with maintaining year capital. $387,000 of 2010 costs not machinery and equipment for the City. Revenues are Fleet ISF $ 1 ,879,419 $ 960,750 $ 918,669 $ 960,750 In Place yet paid. Recommend minimizing primarily charges to other funds, sale of assets, and 2012/ 13 budget increases to reduce interest earnings. 16 balance Depends on Expect to be dose to 100% funded Accounts for the payment of unused PTO Severance ISF $ 1 ,794,683 100% funding $ employee use of In Place • PTO and wage 17 changes Policy: Save for larger reconstruction Accounts for annual amount budgeted for pavement CIP Pavement Management $ 1 ,519>813 N/A $ N/A Yes projects, i.e. Hillcrest Alpine City Share: management that is not spent $860,000 • 18 1 Escrow . . . . .. . 1 1.78 628 . . N/A NIA N/A. •9 • or p•d back to the vendor er epai to . e ity Included the following funds: Trails, 14 Other funds that account for various financial activity HRA, Trails Referendum, Property Other $ 999,434 Insurance, Worker Comp Fund, 20 Policy: Reserve two months operating Accounts for the activities pertaining to health, dental, costs. $651 ,740 in bills outstanding at life, and disability insurance. Revenue are primarily Health & Benefits ISF $ 787, 162 $ 720,000 $ 67, 162 $ 720,000 year end. Spend about $360,000 a charges to other funds and interest earnings. 21 month. ' Based on Utility Policy 90 days workmg' capital, and:: Accounts for the revenue and expenses of the storm Utility Storm Drainage Enterprise Fu64:1 :.:nd : $. :: : 738,597 :$ 1 ,337,884 $ (599,287) $ 1,535, 145, 22 : . Rate Study one years capital cost drainage. operations A 1 B C D E F G H 2 3 Need 4 Long-term 5 12/31 /2010 Over/ Projected Funding Fund 6 Fund Balance Target (Under) 12/31 /2015 Solution Explanation Purpose The City has nine special, revenue : Funds are legally obligated to pay for the purpose of the Special Revenue Funds $ : 658,744 N/A N/A N/A funds including E-911 , Pleasant Hills special revenue fund 23 Cemetery; Rerycling, Grants B ased on Utility Polity: 90 days working capital, next : . Accounts for the revenue and expenses of the water and'. Rate Study years bond payment, two years capital sewer operations Utility Water and Sewer Enterprise Fund $ 641 ,002 $ 2,590,032 $ ' ( 1 ,949,030) $ : 8,797,783 • ost, WAC/SAC collections. • 24 Flying Cloud Drive Improvements $ 548,522 N/A N/A Na Accounts for bond proceeds for Flying Cloud Drive . . .. .. Improvements issued in 2008 Includes $800,000 year end transfer. Accounts for the sales and expenses of the liquor Currently finalising financials and may operations Liquor Operations Enterprise Fund $ 521 ,932 N/A N/A N/A adjust transfer depending on year end unrestricted net assets (takes receivables/payables into account) 26 Need balance for future roof Accounts for the costs associated with maintaining the replacement ($ 130,000) , tenant Den Road buildings. Revenues are primarily charges to improvements and leasehold payments. the Den Road liquor operations and current tenants. Liquor Building Enterprise Fund $ 397,968 N/A N/A N/A Current obligation is $ 105,000 for Complete Nutrition. Plans include adding one or two additional tenants. 27 Bond Fund $ 371193 N/A N/A NIA . . • Amountiemauiingfiom the issuance Funds are legally obligated to a for projects that the . . 28 of equipment notes debt was issued Internally financed projects to be paid Accounts for special assessments collected to fund street Improvement Projects $ (2,584,471 ) N/A N/A N/A back from special assessments projects 29 30 31 Year-end balances as of 2/ 15/2011 , some year end transfers may still occur PARK BOUNDARY INSPECTION PROGRAM UPDATE History of Park Boundary Program Pre 2005 - Parks staff investigated boundary trespass issues as they were discovered 0 2005 — City Council approved hiring additional seasonal staff to inspect all park boundaries 0 2006 - Boundary Initiative letter sent to 2 , 100 residents living adjacent to park property Seasonal Park Boundary Inspectors Verify City Property Pins / Property Line Install Boundary Post with Sign Property Pins Missing Pins Installed by Registered Land Surveyor Initial Inspection Process - - " Good Neighbor" Send letter to adjacent property owners of upcoming park boundary inspection work Field verify park boundary property pins Install park boundary post and sign Field notes/photos taken — action options are : No trespass — "Good Neighbor" post card is sent Trespass on city property — letter sent to property owner and additional documentation begins Trespass Violation Process - - Violation letter is sent to property owner Includes lot survey, photos, aerial photo map Corrective action outlined with deadline date Staff re-inspects on deadline date Issue Resolved = "Good Neighbor" postcard Unresolved = forwarded to Eden Prairie Police for an additional violation letter Violation Unresolved = Referred to City Attorney for formal legal action City Property Inspection Statistics 13 Parkland Areas have been Inspected Totaling 795 Acres (33% ) 859 Private/Public Interfaces Inspected 125 Trespass Letters Sent ( 15% ) 104 Residents Comply after Notification 21 ForwardedtoEPPolice ( 17% ) 0 1 Forwarded to City Attorney As of October 29, 2010 Areas Inspected . .. . 1"'.." i „A = • plirei .'.-7L--'.':7:" J ', , IF . .ik =- - nk r$1 1 • , r '� E. r • • • .. r : - • .. may. : ��` '^• �1. . I`:i .tiE • E r • , Ilk- -,ram- :.,• ^7;;-.. rl '- .: :t': %''•-::...- :.y . f:: P.:•.y,� '.: "•;r: yes Trespass Examples :..,;_...., -2.,-.7:-ti---k.'0,31-ri-)..; : :,4='''-„t•-;::.-• :: .-.:, %. ,., , -4---- -:., r1,44..,--t ..,7,=.- -41-,t•5:--114.-,;t,-. ..-.. - ...,.,....".!;:- • • .. - ., .•• 46„. .• . / . • ---____ . ____ ,, -•- : _ - Property . -..._ . . ...,•,•._ . ..... • ,..k Private Property . . . ... , ..,.... . _ „. - ,. . . . — . 41116. reos.--1-r' -.• i - . ....-- _..4 • , - ..- • Ir.'• --4-•i-milidliks:. 4-7*--4--.;-- ;7.,,,i.---'.:. :'`', ', ._.,''''''...'''', : :':;.:7- .,.„..-.. , ' ' ,•.'-..'"O' r-'1:-J-.4';'. - , ••••'-' _.,., ' 11110.•---' . „,..- - I ' -.. - .-, —0W-:,-44- . ' . di._ -.,----..-;;;•. ..H.- , •,_:.".,..S-f, ,,,iipr. sh.-7,... — . .._ . grAm• .-.- -- •....• -- • .- ..*Ilk - ------* ti.,.. - -• ...-,--..-.::-..,..,:...:41k-• . ..r.........., - -. -..'...,. •Ilifigg3.1..` 4 ...--f _ ..- _.... _ . -, . -..;:-. . % .:—..k•-: . , . - - 'e41! r -'- • ' , . . -,..,. Pand . . . -- • . •• ......,-_ ,.. •...., , ',...4.. . r.„4-..4.;.., ,,,,, , a,,,,,...i.,...., :r„:-. -.. 7 - 1 . .." .. , '''''''aiiii9'. -',', ,4. .- •" ,),. I.-''INt-......, City Property • , ..i. .:...-..- ' - _ ',..-7.-:_i--—..-_- :.- • 4t . ,. -,-.---:-,-;:::2/;.•.;,,;',--7: -'' ..,..'- - -.. .' . _.... ' -s'f1-7.-vrrw-- .... ., ,_ -140-, • _-' ..Vi: , 4- -- •- - .-. N., M ow i n c Yard Waste Dumping .... Trespass,.._ •__:_.1/44.0.00.„ .....__,,, .. Examples • .. r ,_?fg.tr. _ IL _. .......-, .. • , : • i . . 11 . • . . r • , , pfrt w No. . City Property . _ - - - • =Private Property - ''' - - f • r r 33 T .` . -‘....E e ,,09 'r„ ... - f;. .y",...io f ,` :zs3 a .+ a7 r _. - - ti- 4 • pMIF 44 ^'may. a� � _ _` • City Property • _ -F- : — City Property ._. .� Private Property .- -- - Private Property -,=., - -.k.- "..yam -, - A �.! Gardens Fire Pits Trespass Examples , -_.. . . - ...„, . .. . . ,-,i r ... - 2L 0 ' `- Private Pro ert City Property �� " !,- P Y � - -: i': • a :c. - City Property' ; k • Nthsi 08"2010+ . - . -./ IT-1 . '' re♦• i� y Property , „ g z .i s *F a• 1 ♦} h $ -vM 1{ Ham. V +JF '-.; ..; i M i . k',; Zw'(l V' 1w�' e.t z —,.Y .. JI'..,� ,l•. jay M^ h � + .` 1! • - - T w ; +'i r -7* ,Private Property • �, - Private Property w„ _ Play Structures Sheds/Storage Buildings Trespass Examples . .. .... ._ • .. ......T Te 10, .•-•. - .6.' . . ` _ni,r4ct..oa Hot Tut ' :-... ti S ,„. _ t. �, ,i4 4....,"1-.. • rY Private Property �Y • �„-� �' • ,,...."_#..:50'"-iii,;:.-_,74_....--:%:-.7:711.T7'„-...„.!...::-.."".„..-.'..,,,-..}.41';',,'-........74 .:....ill.,-,::'," 111 .. :-.71.'.-: � t +a+ t • yq.,. , _ '_. -, .#4,,,- 7.1.4-'11. .:- . :':: • :::.-'7?..'',:i.:1 - I \—=._ t w�Private Property,.. i -- _ .. �• 3..,�. - • -'� �+u - City Property �' - 1- C R -'-Y.a City Property ,h,t } v-x-M= . si ` : 'w�xy7.°- r r 1 '��'.- _ - I t ._lam'. '. - "'E ►, 0_. ° t`.i`� .; .,� r.. "•-' ,--�r - - ` .� E.i ,; �. ems, ,,: ' Hot Tubs & Garages Retaining Walls & Patios A _ —')..:.',6 Nr. :...,.. -.: _-_,______ .7„:....,_. , t.,.. ,,,:•-•-- • L j . .Y•, ..�I' .3.i1-1--sue'�-_-• _ •i. _ .:• ,.y ' - '_ • I yY � ' •. .7•y w - :k - .; �- -: ' , T`Y _ �' t , . -S . } ;may. .$sa ; a • sir f. * -.r ? II 6011. fi�rr,, . if- .� w a = yr • City Property is Private Property • - ice:•§. .a�,• - 1. - • - :• - . N?_y ° v.-s-`e •r is)..a s. �;l 1 y Property Ni,„,.- '+ .�«wr. _ y,y Win'-- - .„ -•-;. AL. -- .. 7.-.... - .„--..A-..: ..—...--,,..- 7... 4-:_.....'' -..-0,.:-.-F-r---d7.7..l.2....: .;.---. • -li - • , ;t.• '_ � • • 'I r-. cqd . City Property ; . •:: �.. , : > ..: `. - : =LLB aim ze _ . -4 '{+'sYr am y + .rt' • 4 . a , r.:. nvate Property,. s- ;4t ... • .. Fie. 2�/y] ��y} • r - } . . 4. " ` . , ._ ity Property Encroachment / List o Mowing c "Invisible" pet fencing. • Tree/brush trimming o Firewood piles • Tree/brush removal o Fire pits o Yard waste dumping o Flagpoles o Compost bins o Radio and TV antennas • Irrigation systems o Satellite dish antennas o Decorative lighting o Vehicle, RV and Boat storage o Gardens (flower and vegetable) o Canoe and Paddle boats o Landscaping including trees, shrubs and o Lake Docks hardscape items such as edging o Play structures o Garden pools and other water features o Trampolines o Deer feeders o Tree houses/forts • Birdhouses and feeders o Ground forts o Retaining walls, steps, and walkways o Paintball and BMX bicycle courses o Patios and gazebos n Rope swings o Utility sheds & Horseshoe pits Material storage (lumber, steel and c Volleyball courts concrete) o Above-ground pools Fencing including chain link, metal, wood City Council question referred to the Parks, Recreation & Natural Resources Commission : Should there be a process for residents seeking a variance or a permit to continue using city/park property? Park Commission Recommendation - Motion : To continue the process of park boundary inspections and enforce the property line as the no encroachment/trespass line out of concern for but not limited to consistency, cost effectiveness, precedent, time intensity and concerns for lack of objectivity. Passed Unanimously Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 15, 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. COLOR GUARD/PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. 494 CORRIDOR COMMISSION UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 1, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 2011 C. SPECIAL COUNCIL MEETING HELD THURSDAY,FEBRUARY 3, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A C. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B D. APPROVE THE 2011 EQUIPMENT REPLACEMENT FUND SCHEDULE CITY COUNCIL AGENDA February 15, 2011 Page 2 E. AWARD CONTRACT FOR 2011 STREET SWEEPING TO RELIAKOR SERVICES INC. F. APPROVE CHANGE ORDER NO. 1 FOR SINGLETREE LANE IMPROVEMENTS G. DECLARE OBSOLETE COMPUTER AND RELATED EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF THE PROPERTY H. ADOPT RESOLUTION DECLARING UNCLAIMED PROPERTY AS ABANDONED I. APPROVE FUNDING EDEN PRAIRIE'S SHARE IN THE AMOUNT OF $195,000 FOR THE SOUTH METRO PUBLIC SAFETY TRAINING FACILITY TO INSTALL FIRE SIMULATION EQUIPMENT AND INFRASTRUCTURE J. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT AND FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN DOCUMENTS (LINCOLN PARC) IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE 11.03 RELATING TO MINIMUM WIDTH OF LOTS AT THE RIGHT-OF-WAY LINE X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. City Manager Contract B. REPORT OF CITY MANAGER 1. Schedule Joint Meeting of the Budget Advisory Commission and City Council C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA February 15, 2011 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA REVISED DATE: February 11, 2011 TO: Mayor and City Council FROM: Jay Lotthammer, Interim City Manager RE: City Council Meeting for Tuesday, February 15, 1011 TUESDAY, FEBRUARY 15, 2011 7:00 PM, COUNCIL CHAMBER I. ROLL CALL /CALL THE MEETING TO ORDER II. COLOR GUARD /PLEDGE OF ALLEGIANCE (See instructions on dais.) 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. 494 CORRIDOR COMMISSION UPDATE Melissa Madison, Executive Director of the 494 Corridor Commission, will provide an update. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 1, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 1, 2011 C. SPECIAL COUNCIL MEETING HELD THURSDAY, FEBRUARY 3, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS ANNOTATED AGENDA February 15,2011 Page 2 VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A C. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B D. APPROVE THE 2011 EQUIPMENT REPLACEMENT FUND SCHEDULE E. AWARD CONTRACT FOR 2011 STREET SWEEPING TO RELIAKOR SERVICES INC. F. APPROVE CHANGE ORDER NO. 1 FOR SINGLETREE LANE IMPROVEMENTS G. DECLARE OBSOLETE COMPUTER AND RELATED EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL OF THE PROPERTY H. ADOPT RESOLUTION DECLARING UNCLAIMED PROPERTY AS ABANDONED I. APPROVE FUNDING EDEN PRAIRIE'S SHARE IN THE AMOUNT OF $195,000 FOR THE SOUTH METRO PUBLIC SAFETY TRAINING FACILITY TO INSTALL FIRE SIMULATION EQUIPMENT AND INFRASTRUCTURE J. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT AND FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN DOCUMENTS (LINCOLN PARC) IX. PUBLIC HEARINGS/MEETINGS A. FIRST READING OF ORDINANCE AMENDING CITY CODE 11.03 RELATING TO MINIMUM WIDTH OF LOTS AT THE RIGHT-OF-WAY LINE Official notice of this public hearing was published in the February 3 2011,Eden Prairie News. Synopsis: Charts 11A— 11E are the development criteria for each zoning district covering, density, lot size, lot dimensions, floor area, and height, etc. The new category is "Minimum Lot Width at Right of Way Line". Historically, the staff has used the category"Minimum Lot Width" as the lot width at the right of way line. However, the definition of minimum lot width explains only how it is measured which is "its own mean width measured at right angles to its mean depth." It is not clear that it applies at the right of way line. The Planning Commission voted 4-0 to recommend approval of the code amendment at the January 10, 2011 meeting. ANNOTATED AGENDA February 15,2011 Page 3 MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to amend City Code Section 11.03 — Establishment of District, Special Requirements and Performance Standards to a requirement for a minimum width of a lot, at the Right-of-Way Line, in the Rural, R1-44, R1-22, R1-13.5, R1- 9.5, RM-6.5, RM-2.5, C-REG, I-2, 1-5, 1-GEN, PUB, OFC, N-COM, C- COM, C-HWY, C-REG-SER, GC Districts. 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 1. City Manager Contract Synopsis: At its February 3, 2011, Special Meeting, the Eden Prairie City Council unanimously voted to approve Rick Getschow as their choice of City Manager. Subsequent to that meeting, Mayor Tyra-Lukens and Council Member Aho met with the City Attorney, the Human Resources Manager, and the Recruiter to develop the terms of a contract. The Mayor presented the contract to Mr. Getschow, and he has accepted the terms as presented. The contract, which has been signed by Mr. Getschow, is attached for the Council's review and approval. MOTION: Move to: Approve the contract appointing Richard Getschow as the Eden Prairie City Manager. B. REPORT OF CITY MANAGER 1. Schedule Joint Meeting of the Budget Advisory Commission and City Council Synopsis: At its February 1 meeting, the City Council approved the Budget Advisory Commission work plan, which included a joint meeting of the City Council and the Budget Advisory Commission in April 2011. ANNOTATED AGENDA February 15, 2011 Page 4 MOTION: Move to schedule a joint meeting of the City Council and the Budget Advisory Commission at 6:00 p.m., April 28, 2011. 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.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,FEBRUARY 1, 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 COMMUNITY SURVEY RESULTS PRESENTATION Bill Morris and Peter Leatherman of Decision Resources Inc. presented the results of the 2010 community survey. Morris said that 400 surveys were completed during the second and third weeks of November. The survey took an average of about half an hour to complete. Ninety-eight percent of respondents rated the quality of life in Eden Prairie as good or excellent. Schools, parks, shopping and open spaces rated highest among things residents said they liked most about the City. When asked what they liked least about Eden Prairie, 24 percent said, "Nothing." Forty-nine percent of respondents said they would favor a tax increase to maintain current service levels. That is up from 32 percent in 2008. Morris said this trend is unusual compared to other cities they have surveyed in Hennepin County. The rating of how the City is doing at protecting water quality dropped. In 2008, 83 percent said the City is doing about the right amount to protect water quality; that number was 65 percent in 2010. The rating for whether or not residents were satisfied with the amount of input they have in planning and development rose from 77 percent in 2008 to 85 percent in 2010. The percent of residents who said airport noise is "not at all serious"rose slightly, from 49 percent in 2008 to 52 percent in 2010. Seventy-four percent of respondents had visited an Eden Prairie liquor store in the past 12 months. Of those who had visited a liquor store, 91 percent said they were in favor of the City continuing to operate municipal liquor stores. Morris said the 14 percent awareness of the City's wine club was very high compared to other communities. City Council Workshop Minutes February 1, 2011 Page 2 Ninety percent of respondents rated City staff as good or excellent. Ninety-five percent said they read the Life in the Prairie newsletter. Fifty-four percent are aware of the City's Facebook page, and 26 percent have accessed it. In conclusion, Morris said that Eden Prairie is still among the top four or five communities in the metro area. He also said"tax hostility" is more moderate than for neighboring cities. He said water quality is an issue that the City Council may want to address in more detail. Morris said a dual track for communications will be important for the near future. Older residents tend to prefer print communications, while younger residents use electronic communications. He said Eden Prairie has done a good job of meeting residents' high expectations and the challenge for the future will be to continue to meet those expectations in challenging economic times. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 1, 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. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY SURVEY RESULTS Lotthammer said this is the third Quality of Life survey that has been done in Eden Prairie. At the workshop tonight the Council had an opportunity to get some of the details of the survey. Representatives of Decision Resources are here to share an overview of the survey results. He said we will be using this information as we move forward with the budget process. We will look for areas of improvement and will use the results to select in-depth workshop topics for the next several months. Bill Morris, representing Decision Resources, gave an overview of the results of the survey his firm completed of 400 randomly selected households in Eden Prairie. He noted the refusal rate was less than 3%, and the average time to complete the survey was about 30 minutes. Morris said 98% of those surveyed answered excellent or good to the benchmark question: "How would you rate the quality of life in the City of Eden Prairie?"A new question was added to the survey to see how many people were aware the City had been designated the best place to live in the U.S. He said 91% of those surveyed were aware of that designation. Morris said 95% of those surveyed rated City services highly, the highest average rating of any community in the metropolitan area. The value of City services also received one of the highest ratings. That means people are pleased with the City services being provided and also pleased with the amount they are paying for those CITY COUNCIL MINUTES February 1,2011 Page 2 services. This year 49% of those surveyed indicated they would support a tax increase to maintain City services at the current levels, in contrast to 32%who were supportive of an increase when the survey was done two years ago. Morris said 85% indicated they can have meaningful input into planning and development, and 94% rated Parks and Recreation services as excellent or good. He said 90%rated City staff as either excellent or good, which places the City within the top three cities in the metro area in terms of City staff ratings. He said 33% of those surveyed have contacted City Hall in the past couple of years, and there was a rating above 94% for all the questions regarding City staff. He said the City has managed in many ways to create a large reservoir of good will among the residents. Tyra-Lukens thanked Mr. Morris for presenting the survey. She said the Council and staff appreciate the positive comments. She noted the survey results corroborate that this is a great city. B. STATE OF THE CITY Lotthammer said he recently gave the presentation on the State of the City to the Chamber of Commerce and will be presenting it several times in the next week or so. He said the fact that Eden Prairie was named by Money Magazine as the Best Place to Live in America is corroborated by the results of the community survey. Lotthammer reviewed the progress made in the 20-40-15 program which is designed to save energy. He also reviewed several community partnerships through which residents help to make the City a better place to work and live. He noted we have had a flat budget with spending decreases in the last couple of years, and it was great to see the survey results show good satisfaction with the services we are giving. The challenge as City staff is to continue the good quality of service without increased spending. The unemployment rate here is quite a bit less than the rest of the county, the state and the nation. There are some redevelopment projects going on as well as new development at Windsor Plaza and the Eden Prairie Retail Center. There have been some improvements made to help traffic flow through the City, such as the improvements to Pioneer Trail and Singletree Lane. He noted some of our engineering staff members are spending time to help with the I-494- 169 interchange project which has already begun. There has been an increase in use of City facilities, and we have had a significant decrease in the number of false alarms as a result of our education programs. Lotthammer said he appreciated the opportunity to serve as the interim City Manager while we are in the process of hiring a new City Manager. He thanked all the department heads for their support in helping him in his role as interim City Manager. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Items XIV.1. and 2. Rosow said he is requesting a closed session at the end of the meeting to discuss litigation. CITY COUNCIL MINUTES February 1,2011 Page 3 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 18 2011 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, January 18, 2011, as published. Motion carried 4- 0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 18, 2011 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, January 18, 2011, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HERITAGE PRESERVATION COMMISSION Ann Higgins, Chair of the Heritage Preservation Commission (HPC), reviewed their Mission and Vision statements. She said during 2010 the Commission developed and approved a revised preservation ordinance that was approved by the City Council. They also approved several certificates of appropriateness for improvements to the Riley-Jacques House parking area and the John R. Cummins Homestead. She reviewed their 2011 Work Plan which includes monitoring landscape restoration at the John R. Cummins Homestead and completing best management practices for that site. Tyra-Lukens asked what particular skills or talents the commission is looking for in any new members. Ms Higgins said there are three members of the Commission whose terms expire this year. She said someone with knowledge of the relationship of our sites and the land use that used to be part of Eden Prairie would be helpful. VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2011-21 DECLARING CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS C. ACCEPT HOMELAND SECURITY GRANT FOR THE AMOUNT OF $30,000 MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-C on the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES February 1,2011 Page 4 IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Letter from Michael Opat--Mayor Tvra-Lukens Tyra-Lukens said she received a letter from Michael Opat, Chair of the Hennepin County Board of Commissioners, thanking us for freeing up Kitty Porta, City Clerk, to help with the gubernatorial recount. Ms Porta was one of 11 local officials who helped administer the recount in Hennepin County. She thanked Ms Porta for her service. 2. Taste of Eden Prairie--Mayor Tyra-Lukens Tyra-Lukens said the Taste of Eden Prairie event will be held on Saturday, February 26 at Winter Park, and the theme this year is "Wild West." The event will benefit the Eden Prairie Schools Foundation. B. REPORT OF CITY MANAGER 1. Budget Advisory Commission Work Plan Lotthammer said at the January 18, 2011, City Council workshop staff outlined a proposed budget process and a timeline for the Council and the Budget Advisory Commission(BAC). Staff also received feedback from City Council members on the desired role and guidelines for the BAC. Considerable discussion surrounded the need for clarity of the role of the BAC and the importance of information being shared with the City Council and BAC members. The importance of clarity has been expressed by Council Members, staff and BAC members. Lotthammer said staff is recommending that the initial phase of the work plan for the BAC is to review and provide feedback on funding methods for the Capital Improvement Program(CIP). The CIP and the operating budget CITY COUNCIL MINUTES February 1,2011 Page 5 are two important methods for determining and fulfilling city programs, services and infrastructure protection. The CIP has multiple potential funding methods that have different impacts to city operations and residents. In recent years, methods for and amount of funding required for the CIP has been debated amongst Council Members. Researching the advantages and disadvantages of different funding methods will provide the City Council with information to make decisions related to the 2012/13 CIP and operating budget. Lotthammer said they are proposing to bring in an outside consultant to meet with the BAC and the Council at a special meeting to develop funding mechanisms for the CIP. The BAC would then go off on their own to look at those recommendations for positives and negatives, and then come back to the Council to present some of the advantages and disadvantages of the methods and strategies. That process allows the Council to focus on the operating budget and speeds up the budget process so it occurs earlier in the year. The BAC would then have the last part of the year to spend time on other ideas the Council would like them to look into. Using the BAC as a resource in that way helps the Council and gives the BAC challenging work over the next few months. He said he is scheduled to meet this Thursday night with the BAC to share some of the information from the City survey and the State of the City so some of the new Commission members get a better idea and background for their work. MOTION: Aho moved, seconded by Case, to direct staff to work with the Budget Advisory Commission to implement a work plan that initially focuses on funding methods for the Capital Improvement Program. Staff shall also: schedule a joint meeting between the City Council and the BAC in April 2011; ensure all information that is shared with the BAC will also be shared with the City Council; direct the BAC to give advantages and disadvantages as the framework of their recommendations; and provide the City Council with the opportunity to redefine the work plan and redirect the BAC throughout the year. Motion carried 4-0. 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 Rosow asked the Council to move to closed session to discuss negotiations with Black and Veatch regarding the water treatment plant. CITY COUNCIL MINUTES February 1,2011 Page 6 The Council moved to closed session at 8:00 PM. XV. OTHER BUSINESS XVI. ADJOURNMENT Tyra-Lukens called the Council back to open session at 8:30 PM. MOTION: Case moved, seconded by Butcher Wickstrom, to accept the proposed settlement of$415,000 payable to the City to fully settle the litigation. Motion carried 4- 0. MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:35 PM. ITEM NO.: VI.C. UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING THURSDAY, FEBRUARY 3, 2011 6:00 P.M., 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: City Attorney Ric Rosow and Council Recorder Carol Pelzel ROLL CALL /CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 6:00 p.m. All members were present. II. INTERVIEW CANDIDATES FOR CITY MANAGER POSITION Mayor Tyra-Lukens explained the purpose of this special City Council meeting is to interview the two remaining candidates for the position of City Manager. The first candidate to be interviewed is Rick Getschow and the second candidate interviewed will be Ryan Schroeder. A. INTERVIEW WITH RICK GETSCHOW On behalf of the City Council, Mayor Tyra-Lukens thanked Mr. Getschow for participating in this process. Greg Albrecht of M &A Consulting explained how the interview process will proceed giving the City Council the opportunity to ask the candidates questions and for the candidates to ask the City Council questions. Once all questions have been answered the candidate will have the opportunity to tell the City Council why he is qualified to be the next City Manager. In answer to questions by the Mayor and City Council, Mr. Getschow said the reason he would like to be Eden Prairie's next City Manager is because the City is well known as an excellent community and provides quality City services. It is one of the communities that is an excellent place to work and live and this was reflected in the results of a recent community-wide quality of life survey. Mr. Getschow said he believes his skill sets will fit very well in the City. Mr. Getschow explained he has worked in three different communities in the last 15 years and has progressed from smaller communities to larger communities. Eden Prairie is the next logical step. His current position in Hopkins is going very well and he is pleased with his position. However, there are a handful of cities that would attract him to leave Hopkins and Eden Prairie is one of those cities. CITY COUNCIL MINUTES February 3, 2011 Page 2 In dealing with someone who has difficulty in understanding what is being said, Mr. Getschow explained he would ask if the person understands and if they do not he would take another direction on how to communicate. He is up front and direct in asking if what they are talking about is working. Mr. Getschow said there is a lot of good work being done here in Eden Prairie. What he would bring to Eden Prairie is opportunities for more conversation and more discussions with the community about different issues. The recent survey conducted by Eden Prairie may lead to discussions on budget, services and strategic planning. Mr. Getschow said he has dealt with multiple projects in Hopkins including development and redevelopment projects as well as budget and finance issues. He prioritizes and understands in working with staff and the City Council what comes first and what needs to happen. He is a manager who delegates and expects quite a bit from staff and expects to have a good team. When there is a good team there is less stress on an individual. Mr. Getschow explained he is a positive person and his positive attitude helps with stress. To release stress he is a runner and believes in a work/life balance. In influencing an individual to get on board, Mr. Getschow said it is important to communicate and to address issues in different forums. Hopkins has a website, a newsletter and is on Face Book. All of these forms of communication are pushing information out to the community continually and people know where the City is coming from. Mr. Getschow explained he established an employee performance management system in Hopkins which met with some resistance. He also instituted an employee survey and when the information came in from that survey he had the courage to do something with that information. Mr. Getschow said he is very interactive and a hands-on manager and has been a good fit in Hopkins. In response to the question of how Mr. Getschow would engage a person on the team to become more active, Mr. Getschow responded he would have a lot of one-on-one discussions and meetings explaining why they are moving in a particular direction and how it would help the City as a whole and help management staff They would move forward together and sometimes they need to do certain things to see the outcome. Mr. Getschow explained a City Manager's job is unlike any other job because of the variety of work. They deal with all different departments and as a City Manager they get to work in all of the areas. They are involved in everything and working in the community to spread the message of the city. The Department that is closest to his heart is Community Development. They have done a lot of redevelopment work in Hopkins and there have been complex issues. Taking a community that is in renewal and finding money to clean properties up and developers to create projects and facilitating discussion is very rewarding. CITY COUNCIL MINUTES February 3, 2011 Page 3 In past years, Eden Prairie has experienced strong opposition for certain decisions and has been accused of being out of touch. Mr. Getschow was asked how he would make local government more in touch. He explained in Hopkins he created an in-depth interactive citizen's academy bringing residents behind the scenes of local government. It gives citizens the opportunity to see what it is like to be a Council Member. This academy brings together informed citizens and over time people become more engaged in the community. In response to a question regarding how Mr. Getschow would handle a sudden crises he responded they have public safety and first responders to deal with the crises and his role would be to inform the City Council and to have an excellent emergency operations plan. He would have people in place whether it is Police, Fire or Public Works and they would work well as a team for mobilization over certain issues. Mr. Getschow said he would have to think two or three days ahead of the immediate response. Mr. Getschow was asked how he would bring a strategic plan to fruition. He explained in Hopkins he started with a general brainstorming session developing a list of things they wanted to accomplish. Hopkins is a livable, walkable community and they needed to build their strategic plan around what they do well. That included enhancing a small town feel and to build a livable groups community. With that in mind they built strategies to accomplish that. Strategies changed but the goals remained the same. Mr. Getschow said the three things he thinks Eden Prairie does well is their parks and recreation services. They are the best in the metro area and the City's staff is also some of the best in the metro area. The City does a good job of communicating and is on the leading edge of technology in terms of communication. Mr. Getschow stated he has City Council's that work very well together. There definitely have been issues where the Council would disagree and his job was to present as much information as possible and draw out a consensus. It is about team building and building trust. Mr. Getschow asked what each Council Member sees as their main priority in one or two years or more specifically what would they want the new City Manager to work on with the Council and staff on. Mayor Tyra-Lukens responded she would like to work on reinforcing a positive message about Eden Prairie. Wickstrom said she is committed to continuing a high level of services in a way that is very efficient and creative and to be as efficient as they can be. They need to think differently about the way they do their work and to look at other best examples to see if those ways will work for the City of Eden Prairie. Aho said he agrees with Wickstrom. Efficiency is going to be the key and they need to try to maintain the same level of services and to re-evaluate those services. It is very critical for them to look at all of their projects and goals to make sure they are sustainable. Aho said another major focus is water quality and he would like to see them focus on water quality this year. Case said he would like to see them focused on budget. They need to look at keeping their service level and quality of life high and they need to CITY COUNCIL MINUTES February 3, 2011 Page 4 educate the public. Residents need to understand the options and alternatives. They cannot communicate or reach out too much and they should look at everything they do. They need to engage the people in the community and to let them know what they do as a City. Nelson said she is committed to keeping the service level high and to see what they can do to embrace green technology and keep the City moving forward. She is concerned about some of the image issues and they need to make sure all elements of the community are involved positively. The residents do have a voice here and should be involved in the City. Mr. Getschow explained he has worked in three communities as a City Manager for the last 15 years. He has been involved in each and every operation of a City and has learned from and been involved in every issue. He has focused on putting people in positions where their strengths are best put to use and he has used his communication skills to do that. With today's economy, there will be difficult conversations regarding the budget but having difficult conversations with a positive attitude makes it easier. Mr. Getschow said he is a realist for what can happen. He is very active in his own professional development and has worked with other City Managers, elected officials and other agencies in the area. He sees an enthusiasm and passion for their community here in Eden Prairie and he believes he would be a good fit for Eden Prairie. B. INTERVIEW WITH RYAN SCHROEDER Mayor Tyra-Lukens welcomed Ryan Schroeder and thanked him for being part of this process. She asked Mr. Schroeder why he wants to be Eden Prairie's next City Manager. Mr. Schroeder explained his current position is as City Manager for the City of Cottage Grove and he enjoys where he is at. There are very few cities that would draw his focus away from the citizens of Cottage Grove and Eden Prairie is at the top of his list. Eden Prairie is a beautiful community, well run and is a well managed organization. Mr. Schroeder said Eden Prairie's City Council provides strong leadership to the organization and the opportunities and challenges they are facing are those that he finds exciting. He would be thrilled to help the Council accomplish their goals. Mr. Schroeder mentioned prior to being employed by the City of Cottage Grove he worked for the cities of Ramsey, Robbinsdale and Rockford and he is good at developing relationships and pays attention to peer groups. In response to a question as to how Mr. Schroeder would mentor an employee who was underperforming, Mr. Schroeder responded rather than focusing on those pieces of the employee's performance that weren't strengths he would focus on the employee's strengths. His role as City Manager is to help find success in their position and if it means allocating additional resources he would do that. He is there to assist employees in accomplishing what they need to. Mr. Schroeder was asked when discussing complex issues, how he would get people to understand and to keep them on track. Mr. Schroeder said he tries to interject humor and humor often times allows you to readjust in working through an issue. With complex CITY COUNCIL MINUTES February 3, 2011 Page 5 issues he tries to break things down into examples that people can grasp and puts them into real experience terms and he has found that to be helpful. Mr. Schroeder said one of the things he would like to do if he were selected as Eden Prairie's next City Manager is to meet the staff and talk to them about what they think needs to be improved or changed. If they don't have strategy meetings with the leadership team he would create something. In explaining how he deals with stress, Mr. Schroeder said he is a developer type person and is used to doing multiple tasks. He relies on others to keep him organized. Mr. Schroeder said he doesn't fluster very easily but keeps moving forward and that seems to work for him. Mr. Schroeder said he is able to motivate an individual to become more involved with the team. An example would be with their recent Public Safety/City Hall project. He encouraged people to volunteer to be on various committees for this project and he asked an individual with no communication experience to run communications on the project. She has done an excellent job and he has supported her throughout this project. Mr. Schroeder explained he loves creating things whether they are improvements, development, redevelopment, new systems,processes, etc. The Parks Department and Public Works Departments are closest to his heart. He believes they are the part of the organization that the community sees and residents want to see improvements to their community. Mr. Schroeder believes communication is paramount in dealing with opposition and making City government grounded. They can never have enough communication. It is also important to have patience and to be respectful in every conversation. They need to listen and to listen respectfully. Mr. Schroeder said he would meet with key direct reports probably daily or at least close to that. If they need a decision at the end of the day and no one has stepped up to make that decision he would make it. He likes to think he has a collaborative style and includes people in conversations and is always looking for ideas and input. In holding staff accountable, Mr. Schroeder explained he would use performance measures and a performance evaluation would be addressed directly. At a day-to-day level he would keep in touch and ask questions. He would let departments run themselves but at the same time try to ask hard questions. Every community has different cultures. Mr. Schroeder was asked what culture does he thrive in or does he adapt. Mr. Schroeder responded he believes he adapts to whatever he walks into and would take his lead from the City Council. He likes creativity and encourages it. CITY COUNCIL MINUTES February 3, 2011 Page 6 In dealing with City Council's that are not in agreement. Mr. Schroeder said he would try to provide options. With regard to interpersonal relationships, he would look for where there might be some strive and pull the individual Council Member aside and give them his opinion and what his approach would be. Mr. Schroeder said he believes Eden Prairie has a good park system and everything that relates to it. He is not familiar with a better system than the City's Community Center. Eden Prairie's finance staff is well respected within the broader Twin Cities community and the individuals in those operations are considered to be the best. Mr. Schroeder was asked how he would implement a policy or decision the City Council approved that was against what the City Manager thought and how would he go back to his team to make sure it was implemented in a positive manner. Mr. Schroeder said in general terms it is how the message is delivered in tone and delivery. He would support the City Council's decision. Mr. Schroeder said in thinking about what he would be facing in Eden Prairie and how he can take a city that is Number 1 and get to the next plateau, he asked the Council their opinion on where do they go next. How do they include staff that knows the job, organization and community in decision making and in performance measures? What methods would they use to gain information and recommendations from all levels of the organization? He also asked if the Council has thought about how they build from Number 1 to something more and what initiatives they might suggest they undertake. Case said he is not fixated on where they go from Number 1. He believes it gets back to keeping in contact closely with residents and that the position of Number 1 didn't just happen. To stay there is complicated. Communication and education are extremely important and they have to make sure people are part of this process especially with today's economy. It is difficult to stay Number 1, much less go beyond. Case said they need to make sure they include people in the process of helping the Council make good decisions and they have to involve residents and educate them as they try to keep Eden Prairie Number 1. Wickstrom said she agrees with Case. The identity of Eden Prairie is very important but only defines who they are in the past and also where they want to be in the future and they haven't figured that out yet and it keeps changing. They need to keep their fingers on the pulse of what people say is important and how they get there and plan for that. Mayor Tyra-Lukens said she feels Eden Prairie is a wonderful City but more important than being Number 1 are the results from the recent City survey. She is hoping to see continued improvements in the City including water quality. Communicating is very important and she stressed their continued budget constraints and high expectations of services will need to be addressed. CITY COUNCIL MINUTES February 3, 2011 Page 7 Aho explained Eden Prairie typically has not had a town center or walkable area. Through some excellent planning they have come together with a major center area designed to be a new center of Eden Prairie and that is something residents really want to see. Aho said he believes a key issue for the future is creative help to make sure this project comes to fruition and becomes the jewel of Eden Prairie. Southwest Transit is also coming to the City and part of that process planning will include where those stops are and how to integrate it without hampering current traffic patterns and causing disruption to traffic and to enhance the community development that will occur when that transit comes in. There are a lot of exciting things to look forward to in terms of finalizing creative parts of Eden Prairie. Nelson pointed out the City is in the middle of a lot of projects. It is on-going and working with public and private partnerships is important. They need to continue working on the transit and town center and to start on whatever the next step is on something else. There are a number of long-term projects occurring and they are definitely in the middle of a lot. People appear to be happy with their bringing them to completion. Mr. Schroeder asked if he were to be a member of this team, what the Council would see as their hopes and dreams for the community and organization. Case responded engagement. He would hope the City Manager would help the City Council facilitate connectiveness and engagement with the residents. Wickstrom said they want a sense of collaborativeness and trust. That is important in leadership. The City Manager is the operational leader while the City Council are policy leaders and she hopes those two merge together. Mayor Tyra-Lukens responded in using financial expertise they need to determine how they can deliver high level City services at a reasonable cost. Their expectations are high and they need someone with creativity to get them where they want to be. Aho explained times are challenging for everyone and it takes good creative minds to come up with ways to run an operation, accomplishing goals and keeping the service level high and to do it in an efficient manner so they don't tax people out of the City. Nelson said they need to make sure the City Manager has a good management team and to have a positive City Manager who is willing to go out into the community for dialogue. The City Manager will need to keep everything pointed in the right direction and to keep things positive both inside and outside of City Hall. In response to the question why Mr. Schroeder thinks he is the best candidate for the City Manager position in Eden Prairie he explained he has a successful track record and has solid skills and abilities in other areas than finance. He reviewed both internal and external communication initiatives he developed and community and development outcomes. He has resolved some difficult financial issues. Mr. Schroeder said he understands the role of the residents and their roles in the community. He has construction experience and understands those challenges. Mr. Schroeder stated he is dedicated to this profession and immerses himself in it and building community is truly what he enjoys doing. He has a solid record of success in building community and operating performances. He has a collaborative, creative style and encourages innovation. CITY COUNCIL MINUTES February 3, 2011 Page 8 Mr. Schroeder said he believes he can help achieve whatever goals the City Council wants to achieve. C. RECESS A short recess was called after which the meeting was reconvened at 7:58 p.m. D. SELECTION PROCESS Albrecht recapped the process they have gone through explaining there have been countless interviews with the City Council, City staff and community members and they have all provided them with input. Both candidates scored in the top 93% of all government executives in the Profiles National Assessment. Intellectually, both candidates are very strong. In the social and interpersonal scores Getschow scored higher. Albrecht explained both of the candidates had extraordinary references and the City Managers they talked to spoke very highly of each individual. Getschow is an up and coming City Manager and Schroeder is a steady guy who will mold himself into what the Council wants him to be. Nelson said she was impressed by both candidates and has enough information to make a decision this evening. She indicated she could be happy with either candidate. They have different strengths and weaknesses and from conversations she has had they seem to be popular with their staff and people are not happy to lose them as their City Manager. Wickstrom said they have all spent many hours interviewing the candidates and reviewing and assessing information. This is a big decision for the City. She believes both candidates interviewed well and are very intelligent. They are respected in their own community. She indicated she is looking for the best fit for Eden Prairie now and into the future. Case said both candidates have specific strengths and he appreciates their taking time to be involved in this process. They are both highly successful in their respective cities. He is, however, leaning toward Rick Getschow. He likes his energy, how relational he was and the fact that he had a great understanding of Eden Prairie's strengths and needs. Case said he appreciates staffs opinions and statements on Getschow. There are times when it is good to bring in someone new from the outside who brings in a strong perspective and it is critically important that staff members support and buy into the person the Council brings in. Getschow presented himself to be very respected and admired from the staff focus group. Aho said both applicants are very qualified and he doesn't think they can go wrong with either candidate. They have done a fantastic job in their own community. Mayor Tyra-Lukens said she agrees with all of the statements made this evening. Both candidates have strengths that are different. They need to consider their style and decide CITY COUNCIL MINUTES February 3, 2011 Page 9 who they think they can work with and how staff feels. It was great to see staff s comments and also how the public felt. The Mayor said this makes her feel comfortable in making a decision on two excellent candidates. Wickstrom said she was impressed by the creativity and energy of Getschow. She believes he will take the City into the future with enthusiasm and work with the team and will maximize the strengths of staff in collaborative ways. Wickstrom said she believes the City is ready for his spirit and she finds him open minded to try new things. She is confident in supporting him as the next Eden Prairie City Manager. Nelson said she likes Schroeder's budget and public works background. He is not as outgoing as Getschow but does have good budget strategies and strategic planning experience. Nelson said there clearly was a preference from community comments and staff comments and she feels both candidates would be good. At this point she is leaning toward Getschow because the consensus from the community seems to be that he has a better, more outgoing fit. Aho said he feels Schroeder definitely has experience with larger cities and he appreciates that a great deal. He said he is willing to support Getschow. Aho said Getschow will be a wonderful fit. This is a difficult decision because they are not only looking at their experience and depth of knowledge but how they fit with staff, the community and City Council. MOTION: Case moved, seconded by Wickstrom, to offer the City Manager position to Rick Getschow. Motion carried 5-0. City Attorney Rosow asked that two members of the Council be selected to serve on the negotiation team to work with him to bring back a contract for consideration by the City Council. The Council agreed that Mayor Tyra-Lukens and Council Member Aho serve on the negotiation team and work with the City Attorney to present a contract to Rick Getschow and to bring back for City Council approval. III. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:18 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A Christy Weigel, Clerk's License Application List REVISED Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Michael Juntunen Organization: Ducks Unlimited, Inc James W. McCoy Place: Bearpath Country Club Date: April 29, 2011 James & Carrie Neiburg Nancy Parker Lee Wear 2011 Renewal Licenses Debra Wegler Susan Weyrauch Commercial Kennel Deborah Winter Anderson Lakes Animal Hospital DBA: Anderson Lakes Animal Hospital Solid Waste Collector Shaysaw Corporation Randy's Sanitation, Inc DBA: Central Bark Doggy Day Care Total Sanitation Service, Inc Hound Dog Pet Hotel DBA: Hound Dog Pet Hotel Kingdale Kennels, Inc DBA: Kingdale Kennels, Inc PetSmart, Inc#458 DBA: PetsHotel Private Kennel Becky Beiersdorf Evelyn Bone Pamela Brabender Kley Mary Lou Carlson Kimberly Donahue - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager/ • Resolution authorizing issuance and sale of VIII.B. & C. Finance, Sue Kotchevar $1,260,000 Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A • Resolution authorizing issuance and sale of $3,735,000 General Obligation Bonds, Series 2011B Requested Actions • Move to: Adopt the resolution that authorizes the issuance and sale of$1,260,000 Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A • Move to: Adopt the resolution that authorizes the issuance and sale of$3,735,000 General Obligation Bonds, Series 2011B Synopsis The City plans to issue the 2011A bonds to finance first phase of the replacement of the water plant roof. The 2001B bonds will finance improvements for the water and sewer operations including water treatment plant facility process and control upgrades. Equipment includes a backhoe and vactor. The issuance also includes $415,000 to finance the purchase of SCBA gear for Fire that was paid for in 2009. The bonds will be sold on March 15, 2011. Attachments Resolutions CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its Taxable General Obligation Water and Sewer Revenue Bonds, Series 2011A, in the principal amount of$1,260,000 (the "Bonds"), pursuant to Minnesota Statutes, Chapters 444 and 475, to finance certain improvements to the City's water and sewer utilities. SECTION 2. NOTICE OF SALE. Northland Securities, Inc., financial consultant to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved. Each and all of the provisions of the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized,pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. The Council shall meet at the time and place shown in the Notice of Sale for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. ADOPTED by the City Council of the City of Eden Prairie, on this 15th day of February, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk NOTICE OF SALE $1,260,000* TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A CITY OF EDEN PRAIRIE,MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals will be opened by the City's Chief Financial Officer, or designee, on Tuesday, March 15,2011, at 10:30 AM Central Time, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Tuesday,March 15,2011 at 7:00 PM Central Time. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities,Inc.; b) faxed to Northland Securities,Inc. at 612-851-5918; c) for proposals submitted prior to the sale,the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4972; or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITYTM, or its successor, in the manner described below, until 10:30 AM, Central Time, on Tuesday, March 15, 2011. Proposals may be submitted electronically via PARITYTM or its successor, pursuant to this Notice until 10:30 AM, Central Time, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITYTM, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITYTM, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal® at 1359 Broadway, 2nd floor, New York, NY 10018,telephone 212-849-5021. Neither the City nor Northland Securities,Inc. assumes any liability if there is a malfunction of PARITYTM or its successor.All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year,will be registered in the name of Cede &Co. as nominee of Depository Trust Company("DTC"),New York,New York,which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. * The City reserves the right to increase or decrease the principal amount of the Bonds.Any such increase or decrease will be made in multiples of$5,000 and may be made in any maturity.If any maturity is adjusted,the purchase price will also be adjusted to maintain the same gross spread. Principal and interest are payable by the City through Wells Fargo Bank, National Association, Minneapolis, Minnesota (the "Paying Agent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS April 1, 2011 AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 444 and 475. Proceeds will be used to finance various water and sewer improvement projects within the City. The Bonds are payable from net revenues of the municipal water and sewer utility systems and additionally secured by ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS Interest is due semiannually on each June 1 and December 1, commencing December 1,2011,to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day(whether or not a business day) of the calendar month preceding such interest payment date. MATURITIES Principal is due annually on December 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2011 $125,000 2015 $120,000 2018 $130,000 2012 115,000 2016 125,000 2019 135,000 2013 115,000 2017 130,000 2020 145,000 2014 120,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%.Rates must be in level or ascending order. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds are not subject to redemption and prepayment prior to maturity. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds,but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney LLP, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $1,248,660 (99.1%) and accrued interest on the principal sum of$1,260,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Sue Kotchevar,Chief Financial Officer Eden Prairie City Hall 8080 Mitchell Road Eden Prairie,Minnesota 55344 A good faith deposit (the "Deposit") in the amount of $25,200 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Financial Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. Wire Instructions for the Deposit are as follows: Bank: Wells Fargo Bank,N.A., San Francisco, CA ABA#: 121000248 FFC: Northland Securities,Inc.,Bond Escrow Account, 346-9563161 Reference: Name of sender,City name and Series The City will retain the Deposit of the successful bidder,the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City.No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned,recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC)basis. The City's computation of the interest rate of each Proposal,in accordance with customary practice,will be controlling. In the event of a tie,the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i)waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii)reject all Proposals without cause, and(iii)reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide,in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board(MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. NOT BANK-QUALIFIED The City WILL NOT designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3)of the Internal Revenue Code of 1986,as amended. BOND INSURANCE AT UNDERWRITER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals,to waive informalities and to adjourn the sale. Dated: February 15, 2011 BY ORDER OF THE EDEN PRAIRIE CITY COUNCIL /s/Sue Kotchevar Chief Financial Officer Additional information may be obtained from: Northland Securities,Inc. 45 South 7th Street, Suite 2000 Minneapolis,Minnesota 55402 Telephone No.: 612-851-5900 CERTIFICATION OF MINUTES RELATING TO TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on February 15, 2011, at 7:00 o'clock P.M. at the municipal offices in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,260,000 TAXABLE GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2011A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on February 15, 2011. City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota(the "City"), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2011B, in the principal amount of$3,735,000 (the "Bonds"), pursuant to Minnesota Statutes, Chapters 444 and 475 and Section 412.301, to finance certain improvements to the City's water and sewer utilities and the acquisition of certain items of equipment for the City's fire department. SECTION 2. NOTICE OF SALE. Northland Securities, Inc., financial consultant to the City, has presented to this Council a form of Notice of Sale for the Bonds which is attached hereto and hereby approved. Each and all of the provisions of the Notice of Sale are hereby adopted as the terms and conditions of the Bonds and of the sale thereof Northland Securities, Inc. is hereby authorized,pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. The Council shall meet at the time and place shown in the Notice of Sale for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. ADOPTED by the City Council of the City of Eden Prairie, on this 15th day of February, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk NOTICE OF SALE $3,735,000* GENERAL OBLIGATION BONDS, SERIES 2011B CITY OF EDEN PRAIRIE,MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals will be opened by the City's Chief Financial Officer, or designee, on Tuesday,March 15,2011, at 10:30 AM Central Time, at the offices of Northland Securities, Inc., 45 South 7th Street, Suite 2000, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Tuesday,March 15,2011 at 7:00 PM Central Time. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities,Inc.; b) faxed to Northland Securities,Inc. at 612-851-5918; c) for proposals submitted prior to the sale,the final price and coupon rates may be submitted to Northland Securities,Inc.by telephone at 612-851-5900 or 612-851-4972; or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITYTM, or its successor, in the manner described below, until 10:30 AM, Central Time, on Tuesday, March 15, 2011. Proposals may be submitted electronically via PARITYTM or its successor, pursuant to this Notice until 10:30 AM, Central Time, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITYTM, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITYTM, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal® at 1359 Broadway, 2nd floor, New York, NY 10018,telephone 212-849-5021. Neither the City nor Northland Securities,Inc. assumes any liability if there is a malfunction of PARITYTM or its successor.All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the Bonds maturing in each year,will be registered in the name of Cede &Co. as nominee of Depository Trust Company("DTC"),New York,New York,which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof * The City reserves the right to increase or decrease the principal amount of the Bonds.Any such increase or decrease will be made in multiples of$5,000 and may be made in any maturity.If any maturity is adjusted,the purchase price will also be adjusted to maintain the same gross spread. of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the City through Wells Fargo Bank, National Association, Minneapolis, Minnesota (the "Paying Agent/Registrar"), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The City will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS April 1,2011 AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapters 444 and 475 and Section 412.301. Proceeds will be used to finance water system improvements, sewer system equipment and improvements, and the acquisition of SCBA fire fighting equipment. The Bonds are payable from net revenues of the municipal water and sewer utility systems and ad valorem taxes on all taxable property within the City. The full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS Interest is due semiannually on each June 1 and December 1, commencing December 1, 2011,to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day(whether or not a business day)of the calendar month preceding such interest payment date. MATURITIES Principal is due annually on December 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2011 $330,000 2015 $410,000 2018 $345,000 2012 390,000 2016 415,000 2019 350,000 2013 395,000 2017 335,000 2020 360,000 2014 405,000 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%.Rates must be in level or ascending order. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The City reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted,the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the City and shall be at the sole discretion of the City. The successful bidder may not withdraw or modify its Proposal once submitted to the City for any reason, including post sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on December 1,2018 through 2020 are subject to redemption and prepayment at the option of the City on December 1,2017 and any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part,the maturities and principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment,the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds,but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within forty days after award, subject to an approving legal opinion by Dorsey & Whitney LLP, Bond Counsel. The legal opinion will be paid by the City and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than$3,697,650(99%) and accrued interest on the principal sum of$3,735,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Sue Kotchevar,Chief Financial Officer Eden Prairie City Hall 8080 Mitchell Road Eden Prairie,Minnesota 55344 A good faith deposit (the "Deposit") in the amount of $74,700 in the form of a federal wire transfer (payable to the order of the City) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Financial Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the City may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. Wire Instructions for the Deposit are as follows: Bank: Wells Fargo Bank,N.A., San Francisco, CA ABA#: 121000248 FFC: Northland Securities,Inc.,Bond Escrow Account, 346-9563161 Reference: Name of sender,City name and Series The City will retain the Deposit of the successful bidder,the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the City.No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the City scheduled for award of the Bonds is adjourned,recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC)basis. The City's computation of the interest rate of each Proposal,in accordance with customary practice,will be controlling. In the event of a tie,the sale of the Bonds will be awarded by lot. The City will reserve the right to: (i)waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii)reject all Proposals without cause, and(iii)reject any Proposal which the City determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide,in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board(MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. BANK QUALIFICATION The City will designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The City reserves the right to reject any and all Proposals,to waive informalities and to adjourn the sale. Dated: February 15,2011 BY ORDER OF THE EDEN PRAIRIE CITY COUNCIL /s/Sue Kotchevar Chief Financial Officer Additional information may be obtained from: Northland Securities,Inc. 45 South 7th Street, Suite 2000 Minneapolis,Minnesota 55402 Telephone No.: 612-851-5900 CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION BONDS, SERIES 2011B Issuer: City of Eden Prairie, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on February 15, 2011, at 7:00 o'clock P.M. at the municipal offices in Eden Prairie, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,735,000 GENERAL OBLIGATION BONDS, SERIES 2011B I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on February 15, 2011. City Clerk CITY COUNCIL AGENDA DATE: February 15, 2011 SECTION: Consent Calendar DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.D. Cliff Cracauer 2011 Equipment Replacement Fund Schedule Public Works/Fleet Services Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2011 budget and as itemized in the attached schedule. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule, which determines a spending amount that is included for approval in the operating budget. When the details of each replacement/purchase are finalized, including testing the vehicles against our replacement policy guidelines, the final list is prepared and submitted for approval—the requested action. The attachment for the 2011 vehicle replacements shows a net impact to the General Fund Operating budget of 618,000, which compares favorably to the spending level established in 2011 budget of $725,000. The positive difference is placed in the internal service fund that allows us to level out the annual spending and eliminate the spikes and valleys that can occur with expensive equipment purchases and the volatile nature of fuel pricing. The attachment also includes a replacement vehicle for the Utilities Division, which is funded through the enterprise fund. Attachment 2011 Replacement Vehicle/Equipment Purchase List TO: Gene Dietz FROM: Cliff Cracauer DATE: January 31, 2011 SUBJECT: 2011 Replacement Vehicle Purchases—Fleet Capital Internal Service Fund Here is the list of replacement vehicles and equipment for the year 2011 these costs include vehicle set-up, special equipment, lighting and taxes: Service Are ReplacementTotal Cost Streets 123 Lgt Truck 4x4 plow $ 38,000.00 124 Lgt Truck 4x4 plow $ 38,000.00 126 Lgt Truck 4x4 plow $ 38,000.00 Subtotal $ 114,000.00 Police 202 Automobile $ 30,000.00 248 Automobile $ 30,000.00 257 Automobile $ 30,000.00 267 S.U.V. $ 42,000.00 274 CUV $ 25,000.00 Subtotal $ 157,000.00 Fire 352 S.U.V. $ 30,000.00 288 Lgt Truck 4x4 plow $ 25,000.00 Subtotal $ 55,000.00 Park& Recreation 444 Turf sweeper $ 20,000.00 457 Truck/Tree loader $ 180,000.00 469 Lgt Truck 4x4 plow $ 38,000.00 479 Equipment/mower $ 88,000.00 Subtotal $ 326,000.00 Facilities 510 Cargo Van $ 25,000.00 20/40/15 Compact Utility $ 25,000.00 Vehicle (CUV) Subtotal $ 50,000.00 Total all purchases $ 702,000.00 _ Less salvage value $ 84,000.00 Total Equipment $ 618,000.00 Fund K:\Maintenance Facility\Cliff\Consent Calendar--2010 Replacement Vehicle Purchases-1-23-11 TO: Gene Dietz FROM: Cliff Cracauer DATE: January 31, 2011 SUBJECT: 2011 Replacement Vehicle Purchases—Utilities Enterprise Fund(Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for the year 2011: Water/Utility 729 Light Truck 4x4 plw $ 38,000.00 Salvage ($7,500.00) Total $ 30,500.00 K:\Maintenance Facility\Cliff\Consent Calendar--2010 Replacement Vehicle Purchases-1-23-11 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5783 ITEM NO.: VIII.E. Mary Krause Award Contract for 2011 Street Sweeping to Public Works/Engineering Reliakor Services, Inc. Requested Action Move to: Award contract for 2011 Street Sweeping to Reliakor Services, Inc. in the amount of $32,050. Synopsis Sealed bids were received Thursday, February 10, 2011 for the 2011 Street Sweeping. Two bids were received as follows: Reliakor Services, Inc. $ 32,050 Allied Blacktop Company $ 34,000 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 11, 2011. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 8-10 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping also takes place after the sealcoating project and is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. A comparison of the previous 5 years of sweeping bid prices submitted was done indicating an increase in bid prices for 2011. Staff recommends award to Reliakor Services, Inc. Attachment • Bid Price Comparison 2005-2011 Historical Sweeping Bid Prices 2006 ReliaKor Allied Blacktop Pearson Brothers ASTECH Services Spring Sweeping $61.85/hour $89/hour $70/hour $70/hour Sealcoat $61.85/hour $89/hour $77/hour $75/hour Sweeping 2007 ReliaKor Allied Blacktop Pearson Brothers ASTECH Services Spring Sweeping $62/hour $79/hour $74/hour $77.50/hour Sealcoat $62/hour $89/hour $82/hour $81/hour Sweeping 2008 ReliaKor Allied Blacktop Services Spring Sweeping $66.80/hour $79/hour Sealcoat $66.80/hour $89/hour Sweeping 2009 ReliaKor Allied Blacktop Aslakson's Services _ _ Blacktop Spring Sweeping $64.75/hour $78/hour $137.85/hour Sealcoat $70/hour $86/hour $137.85/hour Sweeping 2010 ReliaKor Allied Blacktop Services _ Spring Sweeping $67/hour _ $80/hour Sealcoat $75/hour $90/hour Sweeping 2011 ReliaKor Allied Blacktop Services Spring Sweeping $78.50/hour $80/hour Sealcoat $85/hour $100/hour Sweeping CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5690 ITEM NO.: VIII.F. Randy Newton Approve Change Order No. 1 for the Public Works/Engineering Singletree Lane Improvement Project Requested Action Move to: Approve Change Order No. 1 for the Singletree Lane Improvement Project. Synopsis Change Order No. 1, which totals $15,943.93, is the result of several field revisions that were required during construction of the Singletree Lane Improvement Project. Background Information Construction on the Singletree Lane Improvement Project began this past June and was substantially completed in the fall. The project will be fully complete in late spring or early summer of this year. The change order is a result of several field revisions that were required during construction. The most significant revisions were the result of unknown conditions with both the watermain and the traffic signal interconnect. Financial Implications Change Order No. 1 results in a$15,943.93 increase in the total contract amount. With this change order the contract amount is increased to $963,569.58. Attachment Change Order No. 1 January 19,2011 CHANGE ORDER NO. 1 Project: Singletree Lane at Flying Cloud Drive Eden Prairie,Minnesota SP 2744-59 City Project No.07-5 690 To: Northwest Asphalt,Inc. You are hereby directed to make the changes noted below in the contract. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Work Order 1 a. Bag Signal Heads and Deactivate Loop Detectors Lump Sum $1,406.82 1 $1,406.82 2. Work Order 2 a. 8"Gate Valve and Box Each $1,339.00 1 $1,339.00 b. Tie Back Existing 6"Gate Valve Lump Sum $1,651.24 1 $1,651.24 3. Work Order 3 a. Replace Broken 6"Gate Valve Lump Sum $2,557.40 1 $2,557.40 4. Work Order 4 a. Re-route Signal Interconnect Lump Sum $3,326.88 1 $3,326.68 5. Work Order 5 a. Additional Street Sweeping Lump Sum $518.54 1 $518.54 6. Work Order 6 a. Relocate Irrigation Service Lump Sum $1,045.00 1 $1,045.00 7. Work Order 7 a. Former KinderCare Irrigation System Lump Sum $2,200.00 1 $2,200.00 8. Work Order 8 a. Loop Conduit Repair at Regional Center Road Lump Sum $1,260.25 1 $1,260.25 9. Work Order 9 a. Sign Relocation Lump Sum $429.00 1 $429.00 10. Work Order 10 a. Tree Lilac Restocking Charge Lump Sum $210.00 1 $210.00 TOTAL ADDITIONS $15,943.93 ORIGINAL CONTRACT AMOUNT $ 947,625.65 TOTAL ADDITONS $ 15,943.93 TOTAL DELETIONS $ 0.00 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 15,943.93 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 963,569.58 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE By By Project Engineer City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: NORTHWEST ASPHALT, INC. CITY OF EDEN PRAIRIE By By Mayor Date Date CHANGE ORDER NO. 1 Project: Singletree Lane at Flying Cloud Drive Eden Prairie,Minnesota SP 2744-59 City Project No.07-5690 ITEM DESCRIPTION OF CHANGES 1. WORK ORDER NO. 1 a. Bag Signal Heads and Deactivate Loop Detectors: In order to provide improved access to Eden Prairie Center, and to better maintain traffic along Flying Cloud Drive, signal heads for eastbound Singletree Lane were bagged, and loop detectors were deactivated. This temporary traffic condition will remain for three(3)weeks until work needs to begin on removal of the existing signal system.Payment for this item was determined on negotiated unit prices. 2. WORK ORDER NO.2 a. 8"Gate Valve and Box: City of Eden Prairie staff requested that an 8" gate valve and box be installed at the end of the 8" ductile iron pipe watermain service to Bobby& Steve's Autoworld at station 54+49 (R). Payment for this item was determined on a force account basis. b. Tie Back Existing 6"Gate Valve: The existing 6"gate valve,that was to be abandoned at station 152+37(L),was discovered to be tied to the tee at the main. The tie bars were in poor shape,and City of Eden Prairie staff requested that they be replaced. Payment for this item was determined on a force account basis. 3. WORK ORDER NO.3 a. Remove Broken 6"Gate Valve: During the relocation of the hydrant at station 152+48 (L), it was discovered that the 6" gate valve at station 152+37 (L) was leaking. Due to rainfall on 6-10-10, Northwest Asphalt, Inc. had to return on 6-14-10 to remove the pitted hydrant lead and broken valve,and replace with 6"ductile iron pipe watermain.Payment for this item was determined on a force account basis. 4. WORK ORDER NO.4 a. Re-route Signal Interconnect: The existing signal interconnect between Singletree Lane and Regional Center Road was field located to the median along Flying Cloud Drive. Proposed signal interconnect was intended to be direct buried in the boulevard along southbound Flying Cloud Drive and connect into Inplace Handhole 3, however this handhole was not found to exist. In order to avoid crossing the bituminous trail and connecting into Inplace Handhole 1, the interconnect will be installed in the existing conduit along the Flying Cloud Drive median. A new handhole will be added where the conduit transitions from 2" NMC to the south and 3" RSC to the north. Payment for this item was determined on negotiated unit prices. 5. WORK ORDER NO.5 a. Additional Street Sweeping: Due to ongoing construction adjacent to Singletree Lane, (Bobby and Steve's Autoworld), the City of Eden Prairie elected to place the final bituminous wear course in 2011. Additional costs were encountered to sweep Singletree prior to temporary striping and opening Singletree to traffic.Payment for this item was determined on a force account basis. 6. WORK ORDER NO.6 a. Relocate Irrigation Service: The location of the irrigation service pad,approximate station 50+30(R),was moved to the backside of the Pedestrian Plaza. Additional copper pipe was required to move the 2" service line and blow out line approximately 15' to the south.Payment for this item was determined on negotiated unit prices. 7. WORK ORDER NO.7 a. Former KinderCare Irrigation System: Additional irrigation work was requested by the City of Eden Prairie at the former KinderCare site to provide drip irrigation to the planting bed along the parking lot and coverage for area disturbed by construction on the south side of the building. Two (2) rows of spray irrigation were installed between the building and sidewalk, three (3)broken sprinkler heads were replaced, and a new controller was installed. Payment for this item was determined on negotiated unit prices. 8. WORK ORDER NO.8 a. Loop Repair at Regional Center Road: To accommodate pedestrian traffic at the intersection of Flying Cloud Drive and Regional Center Road, the City of Eden Prairie requested updated pedestrian ramps. This work required removing the existing curb and gutter along the southwest radius of the intersection. During the removal process, the conduit for the traffic signal loops was damaged. The loop wire was disconnected in the handhole, fed through the new 3/4" PVC conduit and re-connected via splice kits at the handhole. Payment for this item was determined on negotiated unit prices. 9. WORK ORDER NO.9 a. Sign Relocation: The location of the Signal Ahead and No Parking signs, approximate station 53+20 (R),was revised to combine the two (2) signs onto a single sign post. The work consists of salvaging the existing signs, core drilling the in place concrete sidewalk and relocating the signs. 10. WORK ORDER NO. 10 a. Tree Lilac Restocking Charge: The City of Eden Prairie requested that six (6) Japanese tree lilacs be removed from the contract. Additional costs were incurred by the contractor to restock the trees.Payment for this item was determined on negotiated unit prices. K:I Civi llln-Construction 171351 ConMan I ChangeOrderl.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G. Office of City Manager, Declare obsolete computer equipment as Information Technology/Lisa Wu surplus. Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Asset Recovery Corporation's services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis The City has a surplus of obsolete computer equipment. The equipment is of no use and will be recycled for the cost of$0.14 or$0.17 per pound, depending on the type, as shown below. Misc. electronics $0.14 per pound Monitors and TVs $0.17 per pound There will be a credit given of$0.15 per pound for PCs (desktops and towers). All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment • List of surplus equipment Item Brand Model Processor Speed Memory HD Serial# Computer Dell Dimension 2200 Celeron 1300 256 0 75P0G11 Computer Dell Dimension 2200 Celeron 1300 256 0 C2VCM11 Computer Dell Dimension 2300 Celeron 1700 512 0 4FHMT11 Computer Dell Dimension 2300 Celeron 1700 512 0 7DHMT11 Computer Dell Dimention 2300 P4 1700 256 0 7FHMT11 Computer Dell Dimension 2300 Celeron 1700 512 0 HCHMT11 Computer Dell Dimension 4500 P4 2400 512 0 5XBVT11 Computer Dell Dimension 4500 P4 2400 512 0 979JY11 Computer Dell Poweredge 600SC P4 2400 0 0 5G7PZ11 Computer Dell Dimension 2350 P4 1800 768 0 GMCJ621 Computer Dell Dimension 8250 P4 2800 1024 0 2YZFK21 Computer Dell Dimension 8250 P4 2800 1024 0 JXZFK21 Computer Dell Dimension 2400 P4 2400 512 0 HBNG231 Computer Dell Dimension 8300 P4 2800 512 0 BCOL241 Computer Dell Optiplex GX270 P4 2800 1024_ 0 1WCPZ41 Computer Dell Optiplex GX270 P4 2800 1024 012XJPZ41 Computer Dell Optiplex GX270 P4 2800 1024 0 41DPZ41 Computer Dell Optiplex GX270 P4 2800 1024 0 4XJPZ41 Computer Dell Optiplex GX270 P4 2800 1024 0 CWJPZ41 Computer Dell Optiplex GX270 P4 2800 1024 0 DWJPZ41 Computer Dell Optiplex GX270 P4 2800 1024 0 FWJPZ41 Computer Dell Optiplex GX270 P4 2800 512 0 BB4C551 Computer Dell Optiplex GX270 P4 2800 512 0 CB4C551 Computer Dell Optiplex GX280 P4 2800 0 0'HX1ST51 Computer Dell Optiplex GX280 P4 2800 0 0 5QRKF61 Computer Dell Optiplex GX280 P4 2800 0 0'6CQLF61 Computer Dell Optiplex GX280 P4 2800 0 0 7CQLF61 Computer Dell Optiplex GX280 P4 2800 0 0 9CQLF61 Computer Dell Optiplex GX280 P4 2800 0 0 DCQLF61 Computer Dell Optiplex GX280 P4 2800 0 0 FCQLF61 Computer Dell OptiplexGX280 P4 2800 0 0iHBQLF61 Computer Dell Optiplex GX280 P4 2800 0 0 HCQLF61 Computer Dell Optiplex GX280 P4 3200 0 0 3VLBL71 Computer Dell Optiplex GX280 P4 3200 0 0 7TLBL71 Computer Dell Optiplex GX280 P4 3200 0 0 FTLBL71 Computer Dell Optiplex GX280 P4 3200 0 0 BLTBL71 Computer Dell Optiplex GX280 P4 3200 0 0 4MPNR71 Computer Dell Optiplex GX280 P4 3200 0 0 6MPNR71 Computer Dell Optiplex GX280 P4 3200 0 0 7MPNR71 Computer Dell Optiplex GX280 P4 3200 0 0 9MPNR71 Computer Dell Optiplex GX280 P4 3200 0 0 GLPNR71 Computer Dell Optiplex GX280 P4 3200 0 0 3QFJV71 Computer Dell Optiplex GX280 P4 3200 0 0 5QFJV71 Computer Dell Optiplex GX280 P4 3200 0 0 8PFJV71 Computer Dell Optiplex GX280 P4 3200 0 0 DPFJV71 Computer Dell Optiplex GX280 P4 3200 0 0 BH56381 Computer Dell Optiplex GX280 P4 3200 0 0 HH56381 Computer Dell Optiplex GX280 P4 3200 0 0 1W8ZX81 Computer Dell Optiplex GX280 P4 3200 0 0 BV21T81 Computer Dell Optiplex GX280 P4 3200 0 0 DDS8391 Computer Dell Optiplex GX280 P4 3200 0 0 JDS8391 Computer Dell Optiplex GX280 P4 3200 0 0 4TLBL91 15" Monitor Sceptre D50XB 036DF0A2001366 VCR PanasoniAG-1300 K5KN00543 Printer Ricoh AC205 A3LFA06BSCX-4720F Printer Ricoh AC205 A3LFA06BSCX-4720F Printer HP 4000 USJNH06209 Printer HP 4100 USMB1400006 Printer HP P3005N CNJ1P30129 Printer HP P3005N CND1R30688 Printer HP 1200 CNDL030778 Printer HP 1200n TH4BB140F4 Printer HP 8400 CN5S6210731 Printer Brother 2600 U5651FOU21861 Projector Sanyo PLC-XU51 G5107531 Projector Sharp PG-M25X 209311739 Projector Sharp PG-M25X 303312663 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Police Department Resolution Declaring "Abandoned Property" Lieutenant Bill Wyffels Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS,the property remains unclaimed by the owners; and WHEREAS,the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on February 15, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk pOLiCe EDEN Abandoned Propertyfor Auction Exhibit A PRAIRIE Property ORI Case Number Property Global Item Description MN0272600 2006-00032569 Purse, Brown MN0272600 2007-00026802 Pg 02-#01-Jensen AMFM CD Radio MN0272600 2007-00026802 Pg 02-#02-Optimus Stereo Amplifier MN0272600 2007-00026802 Pg 02-#03-Brown Coach Purse&Brown Wallet MN0272600 2007-00026802 Pg 02-#04-Uphill Backpack,Blk MN0272600 2007-00026802 Pg 02-#06-Insignia Remote MN0272600 2007-00039671 (1)Pair of Gloves MN0272600 2007-00039671 (1)Pair of Gloves MN0272600 2007-00039671 (3)DVD's(Knocked Up, Fantastic 4, Fantastic 4) MN0272600 2007-00039671 Blue Champion Duffle Bag MN0272600 2007-00039671 Rayban Sunglasses MN0272600 2008-00015850 (2)Tan Diaper Bags MN0272600 2008-00054855 #01-Black&White Strip Shirt by Christine Alexander MN0272600 2008-00054855 #02-White Tank Top by Christine Alexander MN0272600 2009-00034189 Red Corset MN0272600 2010-00003946 Camo Canvas Shotgun Case MN0272600 2010-00027305 Small Brown Chaps Ladies Purse MN0272600 2010-00030438 Newport FS 18", Motiv Performance Series, Black,w Royalgel seat,Airshox PAT NR 20100404.6- Made in China MN0272600 2010-00033947 Magna Excitor Series Bicycle,Yellow in Color MN0272600 2010-00033947 Specialized HardRock BlkGry Bicycle MN0272600 2010-00034228 Schwinn Ranger 2.6FS GreyGreen Girls Mtn Bike MN0272600 2010-00034407 Magna Great Divide 18 spd Girls Mtn Bike,Gray Turquoise w Blue Fanny Pack attached w Green Digital Watch MN0272600 2010-00035909 Roadmaster Mt Fury BluSil 15sp Mtn Bike wLock MN0272600 2010-00036228 Miyata Trail Runner Bicycle, Blue w MI State University 2003 Sticker MN0272600 2010-00037493 Magna Womens Purple Bike MN0272600 2010-00038039 DiamondBack Boys Bike w Master Lock,Black MN0272600 2010-00038039 DiamondBack Parkway Adult Black Bicycle MN0272600 2010-00038039 Mongoose Crush Boys BlackBlue Bicycle MN0272600 2010-00038039 Mongoose Rip Cord Boys BMX Silver Bicycle MN0272600 2010-00039296 Schwinn 2 Pro Stock BMX Red Small Boys CK8G00332 MN0272600 2010-00039704 Vertical PK7 Silver 21-speed Mtn Bike MN0272600 2010-00041295 Roadmaster Mt Fury Blue Ladies 15-sp Bicycle MN0272600 2010-00046256 (2)Black Leather Jackets,Mens 11/02/2010-01/28/2011 Page 1 of 1 pJ1.ic ' .AiEDEN Property for Conversion Exhibit B 'PRAIRIE Property ORI Case Number Property Global Item Description MN0270000 2006-00001795 7 - Black Gun Case MN0272600 2007-00026802 Pg 02 -#04- Pouch w (4) Small Tools (from inside Backpack) MN0272600 2009-00036978 Screwdriver MN0272600 2010-00038130 $30.90 in CashCoin MN0272600 2010-00038130 Mag-Lite Flashlight, Black in Color 11/02/2010 -01/28/2011 Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I. George Esbensen, Fire Chief Approve funding for SMPSTF fire infrastructure improvements Requested Action Move to: Approve funding Eden Prairie Fire's share in the amount of$195,000 for funding call by the JPA for the South Metro Public Safety Training Facility to install previously omitted fire simulation equipment and infrastructure. Synopsis The South Metro Public Safety Training Facility is a jointly owned and controlled facility located in Edina. The facility partners are Bloomington Fire and Police, Eden Prairie Fire and Police, Edina Fire and Police and Metropolitan Airport Commission Police. Background Information During the final process of approving bids for the construction of the facility significant cuts were made to the live fire training equipment in the fire training tower with the understanding that this would be installed at a later date. The cost savings at the time was estimated to be approximately$700,000. The Board of the JPA has received bids for the installation of the equipment and remaining infrastructure in the amount of$550,000. The decision was made by the Board to ask each fire department member to share the cost pro-rata for the expenditure as no other funding options are available. Eden Prairie's share of the expenditure is $195,000.00, that amount is available within the Internal Service Fund for Facilities with the caveat that this amount be repaid to the Facilities Fund over the next five years via the Fire Department's operating budget. The Fire Department views this as a critical expenditure on behalf of significantly improving training in the area of interior structural firefighting response, risk management and decision-making. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Community Development: Resolution Approving a Subordination Janet Jeremiah Agreement—Lincoln Parc Apartments David Lindahl Requested Action Move to: Adopt resolution authorizing amendments to the Project Management Agreement, Subordination Agreement and First Amendment to Community Development Block grant loan documents. Synopsis The owners of Lincoln Parc Apartments are refinancing the project. The attached resolution allows subordination of the TIF loan provided by the City in 2000 to the owner's new mortgage. Background Lincoln Parc is a 186-unit rental apartment proposal be located on Eden Road next to the City water tower. The developer is proposing use "pay as you go"Tax Increment Financing and a CDBG loan to provide 37 affordable units to persons with incomes below 50% of the median income for the metro area, which is the minimum required when using Tax Increment. Attachments Resolution Assignment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011-25 RESOLUTION AUTHORIZING AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT AND FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN DOCUMENTS WHEREAS, Hartford Associates, LLC, ("Hartford") and the City of Eden Prairie ("City") entered into that certain Project Management Agreement ("Original Agreement") dated June 20, 2000, as assigned to Lincoln Parc Apartments, LLC ("Developer") pursuant to an Assignment of Project Management Agreement dated October 25, 2000, relating to the development of an 186 unit apartment building (the "Project"); and WHEREAS, by that certain First Amendment to the Project Management Agreement dated as of November 20, 2000 ("First Amendment") by and between Developer and City, Developer and City amended the Original Agreement as set forth in the First Amendment; and WHEREAS, by that certain Second Amendment to the Project Management Agreement dated as of September 30, 2003 ("Second Amendment") by and between Developer and City, Developer and City amended the Original Agreement and the First Amendment as set forth in the Second Amendment. The Original Agreement, First Amendment, and Second Amendment are hereinafter referred to as the Agreement; and WHEREAS, Developer and the City entered into that certain Regulatory Agreement ("Regulatory Agreement") dated November 1, 2000, relating to the $27,270,000 Multifamily Housing Revenue Bonds, Series 200A and the $539,000 Taxable Multifamily Housing Revenue Bonds, Series with respect to the Project; and WHEREAS, City made a loan to Developer of Community Development Block Grant funds in the original principal amount of $200,000 ("CDBG Loan"). Developer and the City entered in that certain CDBG Mortgage ("CDBG Mortgage") dated November 15, 2000 and that certain CDBG Promissory Note ("CDBG Promissory Note") dated November 15, 2000 (collectively referred to as the "CDBG Loan Documents") with respect to the Project; and WHEREAS, the Developer and City deem it necessary and desirable to further amend the Agreement as provided for in the attached Amendment No. 3 to Project Management Agreement and Subordination Agreement; and WHEREAS, the Developer and City deem it necessary and desirable to further amend the CDBG Loan Documents as provided for in the attached First Amendment to Community Development Block Grant Loan Documents and to subordinate the CDBG Mortgage to such first mortgage financing in an amount anticipated to be approximately $26,711,500.00. NOW THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council that: 1. Amendment No. 3 to Project Management Agreement and Subordination Agreement as described above is hereby approved. The Mayor and City Manager are hereby authorized to execute Amendment No. 3 to Project Management Agreement and Subordination Agreement, a subordination agreement relating to CDBG Mortgage and such other documents and certificates as may be necessary, as determined by the officers executing such documents referred to above, to give effect to the transactions herein contemplated. 2. First Amendment to Community Development Block Grant Loan Documents as described above is hereby approved. The Mayor and City Manager are hereby authorized to execute First Amendment to Community Development Block Grant Loan Documents, a subordination agreement relating to CDBG Mortgage and such other documents and certificates as may be necessary, as determined by the officers executing such documents referred to above, to give effect to the transactions herein contemplated. ADOPTED by the Eden Prairie City Council on February 15, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk (Space Above Reserved for Recording Information) FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN DOCUMENTS This FIRST AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT LOAN DOCUMENTS AND SUBORDINATION AGREEMENT (this "Agreement") is effective as of February 1, 2010 by and between LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company ("Borrower") and THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota(the "Lender"). RECITALS: A. Developer is the fee Developer of certain real property known as Lincoln Parc Apartments located at 12100 Singletree Lane in the City of Eden Prairie, County of Hennepin, State of Minnesota as legally described on Exhibit A attached hereto and incorporated herein by reference (the "Project"). B. Prior to the date hereof, Lender made a loan to Borrower of Community Development Block Grant funds in the original principal amount of Two Hundred Thousand and 00/100ths Dollars ($200,000.00) (the "CDBG Loan") which CDBG Loan is evidenced by that certain Community Development Block Grant Promissory Note dated November 15, 2000 (the "CDBG Note"), executed by Borrower in favor of Lender in the original principal amount of the CDBG Loan. The CDBG Note is secured, in part, that certain CDGB Mortgage dated November 15, 2000 (the "CDBG Mortgage") executed by Borrower in favor of Lender and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 17, 2000, as Document No. 3333950. The CDBG Note, the CDBG Mortgage and all other loan and security documents executed in connection with the CDBG Loan are collectively referred to herein as the "CDBG Loan Documents". C. Dougherty Mortgage LLC, a Delaware limited liability company ("Lender") has agreed to make a loan to Developer in the original principal amount of$27,410,500 (the "HUD Loan") which loan shall be insured by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development ("HUD") under Section 221(4)(3) pursuant to Section 223(a)(7) of the National Housing Act of 1934, as amended, pursuant to the Firm Commitment to Insure dated January 12, 2011 (FHA Project No. 092- 35713), as amended(the "FHA Commitment")). D. The HUD Loan will be evidenced by that certain Mortgage Note (the "HUD Note") executed by Developer in favor of Lender in the original principal amount of the Loan and will be secured in part by (i) that certain Mortgage dated March 1, 2010 (the "HUD Mortgage") executed by Developer in favor of Lender, and by(ii) the Regulatory Agreement for Multifamily Housing Projects dated February 1, 2011 (the "HUD Regulatory Agreement") executed by and between Developer and the Secretary of Housing and Urban Development. The HUD Note, the HUD Mortgage, the HUD Regulatory Agreement and all other loan and security documents executed in connection with the Loan are collectively referred to herein as the "HUD Loan Documents". E. As a condition to the making of the Loan to Developer, Lender and HUD require that the CDBG Loan Documents be amended to include certain HUD provisions. NOW, THEREFORE, in consideration of foregoing recitals and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between Developer and the City as follows: 1. Amendment to CDBG Note. A) The CDBG Note is hereby amended to add following the last paragraph of CDBG Note the following: The Secondary Financing Rider (CDBG Note) attached to this Note as Exhibit 1 is hereby incorporated into this Note by reference as if fully set forth herein. B) The CDBG Note is hereby amended to add Exhibit 1 as attached hereto and incorporated herein by reference following the last page of the CDBG Note. 2. Amendment to CDBG Mortgage. A) The CDBG Mortgage is hereby amended to add following the last paragraph of Article 5 entitled"Mortgagor Acknowledgement"the following paragraph: SECONDARY FINANCING RIDER. The Secondary Financing Rider attached to this Mortgage as Exhibit B is hereby incorporated into this Mortgage by reference as if fully set forth herein. B) The CDBG Mortgage is hereby amended to add Exhibit B as attached hereto and incorporated herein by reference following the last page of the CDBG Mortgage. 3. Status of CDBG Loan Documents/Amendment to Prevail. The CDBG Loan Documents remain in full force and effect, and is not modified except as expressly provided in this First Amendment. The terms and conditions of this First Amendment supersede the terms of the CDBG Loan Documents, and, should there be any conflict or inconsistency between this First Amendment and the CDBG Loan Documents, the terms and conditions of this First Amendment shall prevail. 4. Successors and Assigns. Each agreement, and each and every covenant, agreement, and other provisions hereof shall be binding upon each of the parties hereto and their successors and assigns 5. Governing Law. This Agreement is made and executed in the State of Minnesota and shall be governed by the laws of said State. 6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall,be deemed an original, but all of which shall constitute one instrument. [Signature Pages to Follow] IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT to be effective as of the date and year first above written. DEVELOPER: LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of February, 2011, by , the , of LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company, on behalf of the limited liability company NOTARY PUBLIC THE CITY: THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2011, by , the of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop &Weinstine P.A. (ALD) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 5761675v1 13761.43 EXHIBIT A LEGAL DESCRIPTION OF PROJECT The real property situated in Hennepin County, Minnesota and legally described as follows: Parcel A (Certificate of Title No. 1055663): Lot 1, Block 1, Lincoln Parc Apartments. Parcel B: Non-exclusive easement for right of way and vehicular and pedestrian travel purposes over part of Lot 2, Block 1, Eden Prairie Marketcenter, as contained in the Cross Easement Agreement, dated October 13, 1993, recorded October 18, 1993, in the office of the Registrar of Titles as Doc. No. 2432481. EXHBIIT 1 SECONDARY FINANCING RIDER(CDBG NOTE) THIS SECONDARY FINANCING RIDER (this "Rider") is attached to and made a part of the foregoing Community Block Grant Promissory Note dated November 15, 2000 (herein, the "Note") executed by LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company (the "Borrower"), in favor of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota (the "Subordinate Lender"), in connection with that certain Loan Agreement by and between the Borrower and the Subordinate Lender, as secured in part by that certain CDBG Mortgage dated November 15, 2000 executed by Borrower in favor of Subordinate Lender and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 17, 2000, as Document No. 3333950 (the "Subordinate Mortgage"). The Subordinate Note and the Subordinate Mortgage and any and all other documents and agreements executed in connection with the Subordinate Note are collectively referred to herein as the "Subordinate Loan Documents". By execution of the Subordinate Loan Documents, the Borrower agrees to the following provisions, and, by acceptance of the delivery of the Subordinate Loan Documents and the recordation of the Subordinate Loan Documents, the Subordinate Lender agrees to the following provisions: 1. The terms and conditions of this Rider supersede the terms of the Subordinate Loan Documents, and, should there be any conflict or inconsistency between this Rider and the Subordinate Loan Documents, the terms and conditions of this Rider shall prevail. 2. Notwithstanding anything in the Subordinate Loan Documents to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the Subordinate Loan Documents are expressly subordinate to the Mortgage Note dated as of February 1, 2011 (the "Senior Note") executed by the Borrower in favor of Dougherty Mortgage LLC, a Delaware limited liability company ("Senior Lender"), the Mortgage dated as of February 1, 2011 executed by the Borrower in favor of Senior Lender(the "Senior Mortgage") on Lincoln Parc Apartments located in Eden Prairie, Minnesota (FHA Project No. 092-35713) (the "Project"), the Regulatory Agreement for Multifamily Projects dated as of February 1, 2011 between the Secretary for Housing and Urban Development ("HUD") and the Borrower (the "FHA Regulatory Agreement") and all other documents executed by Borrower, Senior Lender and/or HUD in connection with the Senior Note (collectively the "Senior Loan Documents"), and subordinate to all applicable HUD mortgage insurance (and Section 8, if applicable) regulations and related administrative requirements. In the event of any conflict between the provisions of the Subordinate Loan Documents and the provisions of applicable HUD regulations, related HUD administrative requirements, or Senior Loan Documents, the HUD regulations, related administrative requirements or Senior Loan Documents shall control. 3. The Borrower and the Subordinate Lender agree as follows: (check applicable alternative) (a) X [For subordinate loans secured by a lien against the Project] As long as HUD or its successors or assigns is the insurer or holder of the Senior Mortgage, any payments due under Subordinate Note or other Subordinate Loan Documents, or any prepayments made by Borrower, shall be payable only from the "Surplus Cash" of the Project, as that term is defined in the FHA Regulatory Agreement, all payments and/or prepayments are subject to the availability of such Surplus Cash in accordance with the provision of the FHA Regulatory Agreement. (b) [For subordinate loans NOT secured by a lien against the Project] As long as HUD, or its successors or assigns, is the insurer or holder of the Senior Mortgage, any payment due from Project income under the Subordinate Loan Documents, or any prepayments made, shall be payable only from Surplus Cash of the Project, as that term is defined in the FHA Regulatory Agreement, and subject to the availability of such Surplus Cash in accordance with the provisions of said FHA Regulatory Agreement. The restrictions on payment imposed by this paragraph shall not excuse any default caused by the failure of Borrower to pay the indebtedness evidenced by the Subordinate Note. Subordinate Lender has no claim and will not later assert any claim for payment against the Project, the mortgage proceeds, any reserve or deposit made with the Senior Lender or another required by HUD in connection with the mortgage transaction, or against the rents or other income from the Project. Borrower cannot issue a surplus cash note to the principals as evidence of an obligation for payment of the Subordinate Loan. 4. The Subordinate Note may not mature, and may not bear a maturity date, prior to the date on which the Senior Note and the Senior Mortgage matures. The term of the Subordinate Mortgage, if any, may be extended if, at the time the Subordinate Note matures, (a) there are no Surplus Cash funds available for repayment, (b) the Senior Mortgage has not been repaid in full, or (c) HUD grants a deferment of amortization or forbearance that results in an extended maturity of the Senior Note and/or Senior Mortgage. 5. To the extent that the Subordinate Note provides for payment of principal and interest, such principal and interest shall be due and payable on the maturity date of the Senior Mortgage, provided that if the Senior Mortgage is prepaid in full, the holder of the Subordinate Note, at its option and without notice, may declare the whole principal sum or any balance thereof, together with interest thereon, immediately due and payable. Interest due pursuant to the terms of the Subordinate Note that is not paid in accordance therewith shall not create any default in the terms of the Subordinate Note, but shall accrue and be payable in full at the date of maturity of the Senior Mortgage. 6. No prepayment of principal or interest of the Subordinate Note shall be accepted by the Subordinate Lender without evidence that the Senior Lender and/or HUD have authorized such prepayment. If an unauthorized prepayment is accepted by the Subordinate Lender, the funds shall be held by the Subordinate Lender in trust for the Project. 7. Upon approval by the Senior Lender and HUD of a conveyance, transfer, assignment or sale (a "Transfer") of the Project pursuant to HUD regulations for transfers of physical assets, the Subordinate Lender agrees that it will also approve such Transfer of the Project provided that the Borrower and the buyer approved by the Senior Lender and HUD ("Buyer") executes and delivers to the Subordinate Lender all documents reasonably required by the Subordinate Lender to evidence the assignment by the Borrower to Buyer and the assumption by the Buyer of the Subordinate Loan Documents and all the obligations of the Borrower under the Subordinate Loan Documents. 8. The Subordinate Note is non-negotiable and may not be sold, transferred, assigned, or pledged by Subordinate Lender except with the prior written approval of the Senior Lender and HUD. 9. So long as the Project is subject to the Senior Mortgage or any other mortgage insured or held by HUD, any subsequent amendment to Subordinate Note, Subordinate Mortgage or other Subordinate Loan Document is subject to prior written approval by HUD and/or the Senior Lender of such amendment. 10. So long as the Project is subject to the Senior Mortgage or any other mortgage insured or held by HUD, the Subordinate Mortgage may not be foreclosed upon or sold, transferred, assigned or pledged, without prior written approval by HUD and/or the Senior Lender of such foreclosure, conveyance, assignment or pledge. 11. In the event of foreclosure of the Senior Mortgage or transfer of title of the Project by deed in lieu of foreclosure of the Senior Mortgage, the Subordinate Note and Subordinate Mortgage shall automatically terminate. 12. Borrower agrees and the Subordinate Lender acknowledges that the Senior Loan Documents and HUD requirements require that all work on the Project performed by Borrower or for the benefit of Borrower and paid for with the proceeds of the Subordinate Note and Subordinate Mortgage must be cost certified to HUD and must conform with HUD regulations, the National Housing Act of 1934, as amended, and the applicable labor standards provisions of the regulations of the United States Secretary of Labor, including but not limited to, the Davis-Bacon Act, 40 U.S.C. Sections 276a to 276a-5, as amended, and the Contract Work Hours and Safety Standards Act, 40 U.S.C. Sections 327-333, regarding the payment of prevailing wage rates for all work completed on the Project. 13. Proceeds of the Subordinate Loan may only be used to cover costs related to the Project as approved by HUD and/or Senior Lender or an anticipated operating shortfall of the Project as determined by HUD and/or Senior Lender in their sole discretion. 14. Borrower has obtained the prior written consent of Senior Lender to the existence of the Subordinate Loan Documents. 15. The Subordinate Lender certifies that the Subordinate Loan Documents represent a bona fide transaction and that it fully understands all of HUD's requirements for such secondary, subordinate financing. Subordinate Lender acknowledges that it must comply with all HUD regulations regarding secondary financing. EXHIBIT B SECONDARY FINANCING RIDER(CDBG MORTGAGE) THIS SECONDARY FINANCING RIDER (this "Rider") is attached to and made a part of the foregoing CDBG Mortgage dated November 15, 2000 executed by LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company (the "Borrower"), in favor of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota (the "Subordinate Lender") and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 17, 2000, as Document No. 3333950 (herein, the "Subordinate Mortgage"), in connection with that certain Community Block Grant Promissory Note dated November 15, 2000 executed by the Borrower in favor of the Subordinate Lender (herein, the "Subordinate Note"). The Subordinate Note and the Subordinate Mortgage and any and all other documents and agreements executed in connection with the Subordinate Note are collectively referred to herein as the "Subordinate Loan Documents". By execution of the Subordinate Loan Documents, the Borrower agrees to the following provisions, and, by acceptance of the delivery of the Subordinate Loan Documents and the recordation of the Subordinate Loan Documents, the Subordinate Lender agrees to the following provisions: 1. The terms and conditions of this Rider supersede the terms of the Subordinate Loan Documents, and, should there be any conflict or inconsistency between this Rider and the Subordinate Loan Documents, the terms and conditions of this Rider shall prevail. 2. Notwithstanding anything in the Subordinate Loan Documents to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), the Subordinate Loan Documents are expressly subordinate to the Mortgage Note dated as of February 1, 2011 (the "Senior Note") executed by the Borrower in favor of Dougherty Mortgage LLC, a Delaware limited liability company ("Senior Lender"), the Mortgage dated as of February 1, 2011 executed by the Borrower in favor of Senior Lender(the "Senior Mortgage") on Lincoln Parc Apartments located in Eden Prairie, Minnesota (FHA Project No. 092-35713) (the "Project"), the Regulatory Agreement for Multifamily Projects dated as of February 1, 2011 between the Secretary for Housing and Urban Development ("HUD") and the Borrower (the "FHA Regulatory Agreement") and all other documents executed by Borrower, Senior Lender and/or HUD in connection with the Senior Note (collectively the "Senior Loan Documents"), and subordinate to all applicable HUD mortgage insurance (and Section 8, if applicable) regulations and related administrative requirements. In the event of any conflict between the provisions of the Subordinate Loan Documents and the provisions of applicable HUD regulations, related HUD administrative requirements, or Senior Loan Documents, the HUD regulations, related administrative requirements or Senior Loan Documents shall control. 3. The Borrower and the Subordinate Lender agree as follows: (check applicable alternative) (a) X [For subordinate loans secured by a lien against the Project] As long as HUD or its successors or assigns is the insurer or holder of the Senior Mortgage, any payments due under Subordinate Note or other Subordinate Loan Documents, or any prepayments made by the Borrower shall be payable only from the "Surplus Cash" of the Project, as that term is defined in the FHA Regulatory Agreement, all payments and/or prepayments are subject to the availability of such Surplus Cash in accordance with the provision of the FHA Regulatory Agreement. (b) [For subordinate loans NOT secured by a lien against the Project] As long as HUD, or its successors or assigns, is the insurer or holder of the Senior Mortgage, any payment due from Project income under the Subordinate Loan Documents, or any prepayments made, shall be payable only from Surplus Cash of the Project, as that term is defined in the FHA Regulatory Agreement, and subject to the availability of such Surplus Cash in accordance with the provisions of said FHA Regulatory Agreement. The restrictions on payment imposed by this paragraph shall not excuse any default caused by the failure of Borrower to pay the indebtedness evidenced by the Subordinate Note. Subordinate Lender has no claim and will not later assert any claim for payment against the Project, the mortgage proceeds, any reserve or deposit made with the Senior Lender or another required by HUD in connection with the mortgage transaction, or against the rents or other income from the Project. Borrower cannot issue a surplus cash note to the principals as evidence of an obligation for payment of the Subordinate Loan. 4. The Subordinate Note may not mature, and may not bear a maturity date, prior to the date on which the Senior Note and the Senior Mortgage matures. The term of the Subordinate Mortgage, if any, may be extended if, at the time the Subordinate Note matures, (a) there are no Surplus Cash funds available for repayment, (b) the Senior Mortgage has not been repaid in full, or (c) HUD grants a deferment of amortization or forbearance that results in an extended maturity of the Senior Note and/or Senior Mortgage. 5. To the extent that the Subordinate Note provides for payment of principal and interest, such principal and interest shall be due and payable on the maturity date of the Senior Mortgage, provided that if the Senior Mortgage is prepaid in full, the holder of the Subordinate Note, at its option and without notice, may declare the whole principal sum or any balance thereof, together with interest thereon, immediately due and payable. Interest due pursuant to the terms of the Subordinate Note that is not paid in accordance therewith shall not create any default in the terms of the Subordinate Note, but shall accrue and be payable in full at the date of maturity of the Senior Mortgage. 6. No prepayment of principal or interest of the Subordinate Note shall be accepted by the Subordinate Lender without evidence that the Senior Lender and/or HUD has authorized such prepayment. If an unauthorized prepayment is accepted by the Subordinate Lender, the funds shall be held by the Subordinate Lender in trust for the Project. 7. Upon approval by the Senior Lender and HUD of a conveyance, transfer, assignment or sale (a "Transfer") of the Project pursuant to HUD regulations for transfers of physical assets, the Subordinate Lender agrees that it will also approve such Transfer of the Project provided that the Borrower and the buyer approved by the Senior Lender and HUD ("Buyer") executes and delivers to the Subordinate Lender all documents reasonably required by the Subordinate Lender to evidence the assignment by the Borrower to Buyer and the assumption by the Buyer of the Subordinate Loan Documents and all the obligations of the Borrower under the Subordinate Loan Documents. 8. The Subordinate Note is non-negotiable and may not be sold, transferred, assigned, or pledged by Subordinate Lender except with the prior written approval of the Senior Lender and HUD. 9. So long as the Project is subject to the Senior Mortgage or any other mortgage insured or held by HUD, any subsequent amendment to Subordinate Note, Subordinate Mortgage or other Subordinate Loan Document is subject to prior written approval by HUD and/or the Senior Lender of such amendment. 10. So long as the Project is subject to the Senior Mortgage or any other mortgage insured or held by HUD, the Subordinate Mortgage may not be foreclosed upon or sold, transferred, assigned or pledged, without prior written approval by HUD and/or the Senior Lender of such foreclosure, conveyance, assignment or pledge. 11. In the event of foreclosure of the Senior Mortgage or transfer of title of the Project by deed in lieu of foreclosure of the Senior Mortgage, the Subordinate Note and Subordinate Mortgage shall automatically terminate. 12. Borrower agrees and the Subordinate Lender acknowledges that the Senior Loan Documents and HUD requirements require that all work on the Project performed by Borrower or for the benefit of Borrower and paid for with the proceeds of the Subordinate Note and Subordinate Mortgage must be cost certified to HUD and must conform with HUD regulations, the National Housing Act of 1934, as amended, and the applicable labor standards provisions of the regulations of the United States Secretary of Labor, including but not limited to, the Davis-Bacon Act, 40 U.S.C. Sections 276a to 276a-5, as amended, and the Contract Work Hours and Safety Standards Act, 40 U.S.C. Sections 327-333, regarding the payment of prevailing wage rates for all work completed on the Project. 13. Proceeds of the Subordinate Loan may only be used to cover costs related to the Project as approved by HUD and/or Senior Lender or an anticipated operating shortfall of the Project as determined by HUD and/or Senior Lender in their sole discretion. 14. Borrower has obtained the prior written consent of Senior Lender to the existence of the Subordinate Loan Documents. 15. The Subordinate Lender certifies that the Subordinate Loan Documents represent a bona fide transaction and that it fully understands all of HUD's requirements for such secondary, subordinate financing. Subordinate Lender acknowledges that it must comply with all HUD regulations regarding secondary financing. 5761689v1 (Space Above Reserved for Recording Information) AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT This AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT (this "Agreement") is effective as of February 1, 2010 by and between LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company ("Developer") and THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota(the "City"). RECITALS: A. Developer is the fee Developer of certain real property known as Lincoln Parc Apartments located at 12100 Singletree Lane in the City of Eden Prairie, County of Hennepin, State of Minnesota as legally described on Exhibit A attached hereto and incorporated herein by reference (the "Project"). B. Developer's predecessor-in-interest, Hartford Associates, LLC, a Minnesota limited liability company, and the City entered into that certain Project Management Agreement dated June 20, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3331466, as assigned by Hartford Associates, LLC to Developer pursuant to that certain Assignment of Project Management Agreement By and Between The City of Eden Prairie and Hartford Associates, LLC, dated October 25, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3331467, as amended by that certain Amendment No. 1 to Management Agreement dated November 14, 2000, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 9, 2000, as Document No. 3339042, as further amended by the Amendment No. 2 to Management Agreement By and Between The City of Eden Prairie and Lincoln Parc Apartments, LLC, dated September 30, 2003, and recorded in the office of the Registrar of Titles, Hennepin County, Minnesota, on November 5, 2003, as Document No. 3871169 (together with all subsequent amendments, modifications, renewals and extensions thereof, collectively referred to herein as the"PM Agreement"). C. Dougherty Mortgage LLC, a Delaware limited liability company ("Lender") has agreed to make a loan to Developer in the original principal amount of$27,410,500 (the "HUD Loan") which loan shall be insured by the Federal Housing Administration (the "FHA") of the United States Department of Housing and Urban Development ("HUD") under Section 221(4)(3) pursuant to Section 223(a)(7) of the National Housing Act of 1934, as amended, pursuant to the Firm Commitment to Insure dated January 12, 2011 (FHA Project No. 092- 35713), as amended(the "FHA Commitment")). D. The HUD Loan will be evidenced by that certain Mortgage Note (the "HUD Note") executed by Developer in favor of Lender in the original principal amount of the Loan and will be secured in part by (i) that certain Mortgage dated March 1, 2010 (the "HUD Mortgage") executed by Developer in favor of Lender, and by(ii) the Regulatory Agreement for Multifamily Housing Projects dated February 1, 2011 (the "HUD Regulatory Agreement") executed by and between Developer and the Secretary of Housing and Urban Development. The HUD Note, the HUD Mortgage, the HUD Regulatory Agreement and all other loan and security documents executed in connection with the Loan are collectively referred to herein as the "HUD Loan Documents". E. As a condition to the making of the Loan to Developer, Lender and HUD require that the PM Agreement be amended to include certain HUD provisions and that the PM Agreement be subordinated to the Loan and the HUD Loan Documents. NOW, THEREFORE, in consideration of foregoing recitals and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between Developer and the City as follows: 1. Amendment to PM Agreement. The PM Agreement is hereby amended to add following Section 15 of the PM Agreement entitled"Counterparts"the following Section 16: 16. HUD Requirements a. Notwithstanding anything in this Agreement to the contrary, except the requirements in 26 U.S.C. 42(h)(6)(E)(ii), this Agreement is expressly subordinate to (i) the Mortgage Note dated as of February 1, 2011 (the "HUD Note") executed by the Developer in favor of Dougherty Mortgage LLC, a Delaware limited liability company("Lender"), (ii) the Mortgage dated February 1, 2011 (the "HUD Mortgage") executed by the Developer in favor of Lender, (iii) the Regulatory Agreement for Multifamily Projects dated February 1, 2011 (the "HUD Regulatory Agreement") executed by and between the Developer and the Secretary for Housing and Urban Development ("HUD"), and (iv) all other documents executed by the Developer, Lender and/or HUD in connection with the HUD Note (collectively the "HUD Loan Documents"), and is subordinate to all applicable HUD mortgage insurance (and Section 8 of the U.S. Housing Act of 1937, if applicable) regulations and related administrative requirements. In the event of any conflict between the provisions of this Agreement and the provisions of applicable HUD regulations, related HUD administrative requirements, or HUD Loan Documents, the HUD regulations, related administrative requirements or HUD Loan Documents shall control. b. In the event of foreclosure or transfer of title by deed in lieu of foreclosure, any and all land use covenants contained herein shall automatically terminate except those requirements set out in 26 U.S.C. 42(h)(6)(E)(ii). c. Failure to comply with the covenants contained herein will not serve as a basis for default on any of the HUD Loan Documents. d. The covenants contained in the PM Agreement are not included in any of the HUD Loan Documents. e. Enforcement of the covenants contained herein will not result in any claim against the Project, the proceeds from the HUD Mortgage, any reserve or deposit required by HUD in connection with the HUD Mortgage transaction, or the rents or other income from the Project other than from available Surplus Cash, as defined in the HUD Regulatory Agreement. f. So long as the Project is subject to a mortgage insured or held by HUD, no amendment shall be made to this Agreement without the prior written consent of HUD. g. This Agreement may not be foreclosed upon or sold, transferred, assigned or pledged, without the prior written of consent of HUD of such foreclosure, conveyance, assignment or pledge. h. No action shall be taken in accordance with the rights granted herein except in strict accordance with the U.S. Housing Act of 1937 (the "Housing Act"), applicable mortgage insurance regulations, the HUD Loan Documents, or applicable public housing regulations under Sections 5 and 9 of the Housing Act, or if applicable, Section 8 of the Housing Act and the regulations thereunder. i. The covenants contained in this Agreement shall not be construed to conflict with any applicable HUD mortgage insurance regulation, applicable public housing regulations, or Section 8 of the Housing Act and the regulations thereunder. 2. Status of PM Agreement / Agreement to Prevail. The PM Agreement remains in full force and effect, and is not modified except as expressly provided in this Agreement. The terms and conditions of this Agreement supersede the terms of the PM Agreement, and, should there be any conflict or inconsistency between this Agreement and the PM Agreement, the terms and conditions of this Agreement shall prevail. 3. Successors and Assigns. Each agreement, and each and every covenant, agreement, and other provisions hereof shall be binding upon each of the parties hereto and their successors and assigns 4. Governing Law. This Agreement is made and executed in the State of Minnesota and shall be governed by the laws of said State. 5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall,be deemed an original, but all of which shall constitute one instrument. [Signature Pages to Follow] IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT NO. 3 TO PROJECT MANAGEMENT AGREEMENT AND SUBORDINATION AGREEMENT to be effective as of the date and year first above written. DEVELOPER: LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of February, 2011, by , the , of LINCOLN PARC APARTMENTS, LLC, a Minnesota limited liability company, on behalf of the limited liability company NOTARY PUBLIC THE CITY: THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2011, by , the of THE CITY OF EDEN PRAIRIE, a public body corporate and politic of the State of Minnesota, on behalf of the public body corporate and politic. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop &Weinstine P.A. (ALD) 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 5761675v1 13761.43 EXHIBIT A LEGAL DESCRIPTION OF PROJECT The real property situated in Hennepin County, Minnesota and legally described as follows: Parcel A (Certificate of Title No. 1055663): Lot 1, Block 1, Lincoln Parc Apartments. Parcel B: Non-exclusive easement for right of way and vehicular and pedestrian travel purposes over part of Lot 2, Block 1, Eden Prairie Marketcenter, as contained in the Cross Easement Agreement, dated October 13, 1993, recorded October 18, 1993, in the office of the Registrar of Titles as Doc. No. 2432481. CITY COUNCIL AGENDA DATE: February 15, 2011 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community First Reading of Ordinance Amending Development/Planning City Code Section 11.03 Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to amend City Code Section 11.03 —Establishment of District, Special Requirements and Performance Standards to a requirement for a minimum width of a lot, at the Right-of-Way Line, in the Rural, R1-44, R1-22, R1-13.5, R1-9.5, RM- 6.5, RM-2.5, C-REG, I-2, I-5, I-GEN, PUB, OFC, N-COM, C-COM, C-HWY, C-REG-SER, GC Districts. Synopsis Charts 11A— l 1E are the development criteria for each zoning district covering, density, lot size, lot dimensions, floor area, and height, etc. The new category is "Minimum Lot Width at Right of Way Line". Historically, the staff has used the category"Minimum Lot Width" as the lot width at the right of way line. However, the definition of minimum lot width explains only how it is measured which is "its own mean width measured at right angles to its mean depth." It is not clear that it applies at the right of way line. Planning Commission Recommendation The Planning Commission voted 4-0 to recommend approval of the code amendment at the January 10, 2011 meeting. Attachments 1. Ordinance 2. Staff Report 3. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE - 2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 11.03, TABLES 1, 3 AND 4 RELATING TO CRITERIA THAT APPLY TO ALL 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. City Code Chapter 11, Section 11.03, Table 1 —Section 11.03is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled"Minimum Lot Width-Depth" for the districts identified as set forth below. A copy of the revised Table -1 is attached hereto as Exhibit A. Residential District Minimum lot width at right of way line Rural 300 R1-22 90 R1-13.5 85 R1-9.5 70 R1-6.5 24 R1-2.5 150 Section 2. City Code Chapter 11, Section 11.03, Table 3 —Section 11.03 is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled"Minimum Lot Size" for the districts identified as set forth below. A copy of the revised Table - 3 is attached hereto as Exhibit B. Office/Commercial/Industrial Dist. Minimum lot width at right of way line C-REG N/A I-2 PARK 200 I-5 PARK 300 I-GEN 300 PUB N/A Section 3. City Code Chapter 11, Section 11.03, Table 4—Section 11.03 is amended by adding a column labeled"Minimum Lot Width at right-of-way line"to the right of the column labeled"Minimum Lot Size" for the districts identified as set forth below. A copy of the revised Table - 4 is attached hereto as Exhibit C. Office/Commercial/Industrial Dist. Minimum lot width at right of way line OFC 100 N-COM 200 C-COM 300 C-HWY 100 C-REG-SERV 80 GC 100 Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to 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. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2011 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2011. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2011. STAFF REPORT: TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: January 7, 2011 SUBJECT: Code Change—Add a category to Charts 1 1 A— 11E called Minimum Lot Width at Right of Way Line BACKGROUND Charts 11A— 11E are the development criteria for each zoning district covering, density, lot size, lot dimensions, floor area, and height, etc. The new category is "Minimum Lot Width at Right of Way Line". Historically, the staff has used the category "Minimum Lot Width" as the lot width at the right of way line. However, the definition of minimum lot width explains only how it is measured which is "its own mean width measured at right angles to its mean depth." It is not clear that it applies at the right of way line. STAFF RECOMMENDATION Staff recommends approval of the code amendment. Chart 01-07-10 RED=NEW Residential Minimum Minimum Minimum Lot Minimum Yard-Setback Gross Group Usable Max Floor Maximum Districts Zone Area Lot Size Width-Depth Site Area Per Open Space Per Area Ratio Height of (Acreage/ Dwelling Unit Dwelling Unit (FAR) Main Sq.Ft.) Width Ft. Depth Ft. Front One Both Rear Sq.Ft. Or Acres Sq.Ft. Structure Ft. Side Ft. Sides Ft. Ft. (Ft.) Rural 10 Acres 10 Acres 300 300 50 50 150 50 10 Acres N/A N/A 40 R1-44 44,000 44,000 100 150 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 30 (See (See 20 9,500 Park Ded. N/A 40 Subd.2 Subd.2 Item 8) Item 8) RM-6.5 13,000 3,000 24 100 30 10 20 20 6,500 Park Ded.Plus N/A 40 1000 Sq.Ft./Unit RM-2.5 25,000 25,000 150 150 35 25 50 30 2,500 Park Ded.Plus N/A 45 600 Sq.Ft./Unit Residential Minimum Minimum Minimum Lot Minimum Minimum Yard-Setback Gross Group Usable Max Maximum Districts Zone Area Lot Size Width-Depth Lot width Site Area Per Open Space Per Floor Height of (Acreage/ at Right of Dwelling Unit Dwelling Unit Area Main Structure Sq.Ft.) Width Depth Way Line Fron One Both Rear Sq.Ft. Sq.Ft. Ratio (Ft.) Ft. Ft. t Side Ft. Sides Ft. Or Acres (FAR) Ft. Ft. Rural 10 Acres 10 Acres 300 300 300 50 50 150 50 10 Acres N/A N/A 40 R1-44 44,000 44,000 100 150 100 30 15 30 30 44,000 Park Ded. N/A 40 R1-22 22,000 22,000 90 125 90 30 15 30 25 22,000 Park Ded. N/A 40 R1-13.5 13,500 13,500 85* 100 85* 30 10 25 20 13,500 Park Ded. N/A 40 R1-9.5 9,500 9,500 70* 100 70* 30 (See (See 20 9,500 Park Ded. N/A 40 Subd.2 Subd.2 Item 8) Item 8) RM-6.5 13,000 3,000 24 100 24 30 10 20 20 6,500 Park Ded.Plus N/A 40 1000 Sq.Ft./Unit RM-2.5 25,000 25,000 150 150 150 35 25 50 30 2,500 Park Ded.Plus N/A 45 600 Sq.Ft./Unit Supporting information 53. "Right-of-Way Line"-The dividing line between the lot and the street.As defined in definitions City Code Chapter 11. ACCESSORY STRUCTURE RESIDENTIAL OFF-STREET SCREENING AND DISTRICTS MINIMUM DISTANCE MINIMUM DISTANCE LOADING LANDSCAPING MAXIMUM HEIGHT TO SIDE LOT LINE TO REAR LOT LINE RURAL 30 30 30 N/A N/A R1-44 15 10 10 N/A N/A R1-22 15 10 10 N/A N/A R1-13.5 15 10 10 N/A N/A R1-9.5 15 5 5 N/A N/A RM-6.5 15 10 10 N/A YES RM-2.5 15 10 10 YES YES Table 2-Section 11.03 5 Red New MINIMUM LOT SIZE MINIMUM YARD-SETBACK Office/ MAXIMUM HEIGHT OF Commercial/ Area One Both SITE AREA PER BASE AREA MAIN Industrial/ S.F.of Width Depth Front Side Sides Rear DWELLING UNIT MAX.FLOOR AREA RATIO STRUCTURE Dist. Acres Ft. Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES RATIO(FAR) (BAR)* (FT.) C-REG 50 N/A N/A 80 80 160 60 Dwelling Not Permitted 0.2- 1 Story 0.5-Multi Story 0.2 40 ACRES I-2 PARK 2 acres 200 300 50 20 40 25 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 I-5 PARK 5 acres 300 300 75 30 60 25 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 I-GEN 5 acres 300 300 75 30 60 50 Dwelling Not Permitted 0.3- 1 Story 0.5-Multi Story 0.3 40 PUB N/A N/A N/A 50 50 150 50 Dwelling Not Permitted N/A N/A 30 MINIMUM LOT SIZE MINIMUM MINIMUM YARD-SETBACK LOT 1 Office/ WIDTH AT MAXIMUM HEIGHT OF Commercial/ Area RIGHT OF One Both SITE AREA PER BASE AREA MAIN Industrial/ S.F.of Widt Dept WAY LINE Front Side Sides Rear DWELLING UNIT MAX.FLOOR AREA RATIO STRUCTURE Dist. Acres h Ft. h Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES RATIO(FAR) (BAR)* (FT.) C-REG 50 N/A N/A N/A 80 80 160 60 Dwelling Not 0.2- 1 Story 0.5-Multi 0.2 40 ACRES Permitted Story I-2 PARK 2 acres 200 300 200 50 20 40 25 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story I-5 PARK 5 acres 300 300 300 75 30 60 25 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story I-GEN 5 acres 300 300 300 75 30 60 50 Dwelling Not 0.3- 1 Story 0.5-Multi 0.3 40 Permitted Story PUB N/A N/A N/A N/A 50 50 150 50 Dwelling Not N/A N/A 30 Permitted Table 3 - Section 11.03 *Source: Ordinance No.9-87 Effective Date: 5-7-87 Red=New MINIMUM LOT SIZE MINIMUM YARD-SETBACK OFFICE/ MAXIMUM HEIGHT OF COMMERCIAL/ Area One Both SITE AREA PER MAX.FLOOR BASE AREA MAIN INDUSTRIAL/ S.F.of Width Depth Front Side Sides Rear DWELLING UNIT AREA RATIO RATIO STRUCTURE DIST. — Acres Ft. Ft. Ft. Ft. Ft. Ft. SQ.FT.OR ACRES (FAR) (BAR)* (FT.) OFC 20,000 100 100 35 20 50 20 Dwelling Not Permitted 0.3- 1 Story 0.3 30 0.5-Multi Story N-COM 2 acres 200 200 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 30 0.4-Multi Story C-COM 5 acres 300 300 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 30 0.4-Multi Story C-HWY 20,000 100 130 35 20 40 10 Dwelling Not Permitted 0.3- 1 Story 0.3 40 0.4-Multi Story C-REG-SER 10,000 80 100 35 20 40 10 Dwelling Not Permitted 0.2- 1 Story 0.2 40 0.4-Multi Story GC 75 100 300 35 20 40 10 Dwelling Not Permitted 0.3- 1 Story 0.3 30 acres 0.5-Multi Story Table 4- Section 11.03 Source: Ordinance No.2-2007 Effective Date: 1-23-07 Source: Ordinance No.9-87 Effective Date: 5-7-87 a MINIMUM MINIMUM LOT SIZE LOT MINIMUM YARD-SETBACK WIDTH AT OFFICE/ RIGHT OF MAXIMUM HEIGHT OF COMMERCIAL WAY LINE - SITE AREA PER MAX.FLOOR BASE AREA MAIN / DWELLING UNIT AREA RATIO RATIO STRUCTURE INDUSTRIAL/ SQ.FT.OR ACRES (FAR) (BAR)* (FT.) DIST. Area One Both S.F.of Width Dept Front Side Sides Rear Acres Ft. h Ft. Ft. Ft. Ft. Ft. OFC 20,000 100 100 100 35 20 50 20 Dwelling Not 0.3 - 1 Story 0.3 30 Permitted 0.5-Multi Story N-COM 2 acres 200 200 200 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30 Permitted 0.4-Multi Story C-COM 5 acres 300 300 300 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 30 Permitted 0.4-Multi Story C-HWY 20,000 100 130 100 35 20 40 , 10 Dwelling Not 0.3- 1 Story 0.3 40 Permitted 0.4-Multi Story C-REG-SER 10,000 80 100 80 35 20 40 10 Dwelling Not 0.2- 1 Story 0.2 40 Permitted 0.4-Multi Story GC 75 100 300 35 20 40 10 Dwelling Not 0.3- 1 Story 0.3 30 acres Permitted 0.5-Multi Story ACCESSORY STRUCTURES MAX. OFFICE/ FLOOR AREA TOTAL COMMERCIAL/ Min.Dist. Min.Dist. SCREENING MIN.ZONE MAX. PRIMARY FLOOR INDUSTRIAL Maximum to Side to Rear OFF-STREET AND AREA ZONE USE AREA DISTRICTS Height Lot Line Lot Line LOADING LANDSCAPING (ACRES) AREA (SQ.FT.) (SQ.FT.) (ACRES) OFC 15 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COM 15 20 10 YES YES 5 20 30,000 200,000 C-HWY 40 20 10 YES YES 5 20 20,000 100,000 C-REG-SER 40 20 10 YES YES 10 N/A N/A N/A C-REG 40 50 50 YES YES 60 N/A N/A N/A I-2 PARK 40 20 25 YES YES 40 N/A N/A N/A 1-5 PARK 40 20 25 YES YES 40 N/A N/A N/A I-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A Table 5 -Section 11.03 Tables redone under Ordinance No.9-87,Effective Date: 5-7-87 Ordinance No. 18-90,Effective Date: 9-21-90 Ordinance No.2-2007,Effective Date: 1-23-07 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 10, 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 Vice Chair Schultz called the meeting to order at 7:00 p.m. Kirk, Lee, and Stoltz were absent. II. APPROVAL OF AGENDA Wuttke stated he would like to add an Light Rail Transit report to the Members' Report. MOTION by Wuttke, seconded by Lechelt, to approve the agenda as amended. Motion carried 4-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON DECEMBER 13, 2010 MOTION by Pitzrick, seconded by Wuttke, to approve the minutes. Motion carried 1-0. Lechelt, Pitzrick and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. CODE AMENDMENT by City of Eden Prairie Request to: • Add minimum lot width at the right of way line for all zoning districts. Franzen stated this is a simple amendment requiring approval by the Commission in order to move it on to the City Council for their approval. This item consists of adding another category to Charts 11A-11E. These charts are the development criteria for each zoning district covering density, lot size, lot dimensions, floor area, height, etc. The new category is "Minimum Lot Width at Right of Way Line". Historically, Staff has used the category"Minimum Lot Width" as the lot width at the right of way line, however, the definition of minimum lot width explains only how it is measured, which is "its own mean width measured at right angles to its mean depth." It is not clear that it applies at the right of way line. Staff recommendation is for approval. Schultz opened the meeting up for public input. There was no input. There was no Commission Member discussion. MOTION by Wuttke, seconded by Pitzrick, to close the public hearing. Motion carried 4-0. MOTION by Wuttke, seconded by Pitzrick, to recommend approval of the code amendment to add minimum lot width at the right of way line for all zoning districts. Motion carried 4-0. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 15, 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 205377 - 205782 Wire Transfers 4116 - 4129 City of Eden Prairie Council Check Summary 2/15/2011 Division Amount Division Amount Geneal 49,328 803 Escrow Fund 628 101 Legislative 17,522 Total Agency Funds 628 102 Legal Counsel 31,584 110 City Clerk 791 807 Benefits Fund 584,315 111 Customer Service 8,824 809 Investment Fund 7,636 112 Human Resources 645 812 Fleet Internal Service 37,997 113 Communications 10,862 813 IT Internal Service 42,363 114 Benefits&Training 23,918 814 Facilities Capital ISF 20,092 130 Assessing 679 815 Facilites Operating ISF 23,057 131 Finance 15 816 Facilites City Center ISF 78,607 132 Housing and Community Services 23,130 817 Facilites Comm.Center ISF 53,016 136 Public Safety Communications 55,872 Total Internal Service Funds 847,081 138 Community Development Admin. 232 150 Park Administration 35 Report Total 5,178,011 151 Park Maintenance 6,709 153 Organized Athletics 6,238 154 Community Center 15,443 156 Youth Programs 959 158 Senior Center 1,178 159 Recreation Administration 1,401 162 Arts 1,845 163 Outdoor Center 708 167 CC-Youth Programs 1,796 168 Arts Center 1,833 180 Police 27,571 184 Fire 1,128,793 186 Inspections 1,500 200 Engineering 7,779 201 Street Maintenance 9,390 Total General Funds 1,436,579 301 CDBG 6,942 304 Senior Board 752 308 E-911 759 Total Special Revenue Funds 8,453 418 HRA 2002A Lease Revenue Bonds 1,081,050 421 2003A Park Bonds Refunding 403,134 423 2003C Open Space Bonds 178,308 430 G.O.Improvement Bonds 2006A 400 432 G.O.Improvement Bonds 2006C 234,775 437 G.O.Perm.Improv.2010A 6,200 Total Debt Service Funds 1,903,866 315 Economic Development 231,054 503 Utility Improvement 19,062 509 CIP Fund 10,812 520 Parks Referendum 16,102 521 Trails Referendum 786 522 Improvement Projects 2006 961 Total Capital Project Funds 278,776 601 Prairie Village Liquor 111,003 602 Den Road Liquor 92,721 603 Prairie View Liquor 85,171 605 Den Road Building 915 701 Water Fund 93,462 702 Sewer Fund 309,845 703 Storm Drainage Fund 9,511 Total Enterprise Funds 702,627 City of Eden Prairie Council Check Register 2/15/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4123 1,315,825 WELLS FARGO BANK MINNESOTA NA Interest HRA 2002A LEASE REVENUE BONDS Bond Payment 4116 1,116,805 EDEN PRAIRIE FIREFIGHTER'S REL Fire Relief Pension Payment Fire Fire Pension 4122 581,441 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon Bond Payment 205496 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 205455 244,780 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium 4126 183,652 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 4129 131,879 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 205755 113,747 TE MILLER DEVELOPMENT LLC TIF Payment Project Fund 2nd Half TIF Payment 205756 108,801 TEALWOOD CARE CENTER TIF Payment Project Fund 2nd Half TIF Payment 205412 54,369 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 205606 40,057 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 205489 34,701 LOGIS Equipment Repair&Maint Capital Maint.&Reinvestment 4117 30,594 US BANK Bank and Service Charges Finance 205681 28,283 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 205768 26,312 WIRTZ BEVERAGE MINNESOTA Wine Domestic Prairie Village Liquor Store 205381 25,742 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 205595 24,401 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 205701 23,891 MINNESOTA UI FUND Unemployment Compensation Organizational Services 4119 23,588 CERIDIAN State Taxes Withheld Health and Benefits 205451 23,555 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council 205477 22,709 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 205426 20,339 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 205773 20,166 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 205727 20,092 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital 4128 19,816 1NG Deferred Compensation General Fund 205535 19,705 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store 205403 19,213 BONNER&BORHART LLP Legal Legal Criminal Prosecution 205450 18,009 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 205526 16,953 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 205453 16,793 HANSEN THORP PELLINEN OLSON Other Contracted Services Trails Referendum 4127 15,760 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 205703 13,872 MOBILE RADIO ENGINEERING INC Other Assets Public Safety Communications 205559 13,869 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit 205721 13,581 QUALITY WINE&SPIRITS CO Wine Domestic Prairie Village Liquor Store 205527 12,217 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 205382 11,859 ADVANCED ENGINEERING&ENVIRON Design&Engineering Water Capital 205732 11,312 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 205759 11,190 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 205508 11,150 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 205554 10,159 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Infiltration/Inflow Study 205408 10,000 BURNSVILLE,CITY OF Dues&Subscriptions City Council 205715 9,395 PHILLIPS WINE AND SPIRITS INC Liquor Prairie Village Liquor Store 205584 9,257 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 205565 9,140 ST CROIX ENVIRONMENTAL INC Process Control Services Water Treatment Plant Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205462 8,506 HENNEPIN COUNTY TREASURER Other Contracted Services Project Fund 205588 8,404 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 205520 8,346 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 205753 8,141 SYMPRO INC Software Maintenance IT Operating 205661 7,320 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 205766 6,669 WINE MERCHANTS INC Transportation Den Road Liquor Store 205511 6,458 NORTHSHORE ADVISORS LLC Interest Investment Fund 205678 6,441 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 205741 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service 205509 6,200 MOODY'S INVESTORS SERVICE Bond Issue Costs G.O.Penn.Improv.2010A 205560 6,194 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council 205639 6,073 DAY DISTRIBUTING Beer Den Road Liquor Store 205461 6,035 HENNEPIN COUNTY TREASURER Board of Prisoner Police 205515 6,027 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 205540 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 205419 5,793 CORNERHOUSE Other Contracted Services Police 205692 5,767 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 205574 5,519 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 205390 5,346 ASPEN EQUIPMENT CO. Machinery&Equipment Snow&Ice Control 205711 5,263 OLYMPIC HILLS GOLF CLUB Operating Supplies Fire 4121 5,240 ING Deferred Compensation General Fund 205646 5,150 ERICKSON ENGINEERING COMPANY L Design&Engineering Engineering 205734 5,089 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Utility Improvement Fund 205591 5,086 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 205498 4,916 MIDWEST ASPHALT CORPORATION Other Rentals Community Center 205421 4,687 DAY DISTRIBUTING Beer Den Road Liquor Store 205769 4,621 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 205471 4,488 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 205634 4,440 COMMERCIAL REFRIGERATION SYSTE Contract Svcs-Ice Rink Ice Arena Maintenance 205772 4,416 XCEL ENERGY Electric Prairie Village Liquor Store 205677 4,270 J&D WINDOW CLEANING Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 205742 4,241 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 205596 4,073 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 205391 4,041 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 205615 4,006 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 205674 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 205761 3,500 TRUE FABRICATIONS Miscellaneous Den Road Liquor Store 205397 3,389 BELLBOY CORPORATION Transportation Den Road Liquor Store 205468 3,370 IND SCHOOL DIST 272 Gym Rental Touch Football 205757 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 205630 3,176 CERIDIAN Ceridian IT Operating 205561 3,166 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 205449 3,065 GRAYMONT Treatment Chemicals Water Treatment Plant 205660 3,041 GRAYMONT Treatment Chemicals Water Treatment Plant 205781 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service 205612 2,875 AVI SYSTEMS INC Other Contracted Services Communications 205499 2,831 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 205481 2,800 KLM ENGINEERING INC Design&Engineering Utility Improvement Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205713 2,790 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 205581 2,633 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 205765 2,628 WINE COMPANY,THE Transportation Den Road Liquor Store 205748 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 205638 2,380 CUSTOM HOSE TECH Equipment Repair&Maint Fleet Operating 205668 2,280 HOHENSTEINS INC Beer Den Road Liquor Store 205699 2,205 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 205384 2,141 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 Public Works/Parks 205409 2,100 CARTEGRAPH SYSTEMS INC Software Maintenance IT Operating 205413 2,004 CERIDIAN Ceridian IT Operating 205740 2,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 205695 1,976 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 205567 1,925 STAPLES ADVANTAGE Office Supplies Police 205599 1,918 ZIEGLER INC Contract Svcs-Fire/Life/Safe Fire Station#1 205622 1,891 BOURGET IMPORTS Transportation Den Road Liquor Store 205536 1,800 QUANTUM ART INC Software Maintenance IT Operating 205573 1,740 SURLY BREWING CO Beer Den Road Liquor Store 205424 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 205406 1,692 BRAUER& ASSOCIATES LTD Other Contracted Services Capital Maint.&Reinvestment 205383 1,613 AERO DRAPERY AND BLIND Supplies-General Bldg Fire Station#1 205576 1,598 TOTAL REGISTER Other Contracted Services Den Road Liquor Store 205707 1,591 MT GLOBAL LLC Transportation Den Road Liquor Store 205782 1,560 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Communications 205564 1,527 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 205467 1,430 ICC Conference Expense Inspections-Administration 205664 1,296 H M CRAGG CO Equipment Repair&Maint Public Safety Communications 205442 1,286 G&K SERVICES Clothing&Uniforms Utility Operations-General 205746 1,274 STAPLES ADVANTAGE Supplies-General Bldg Fitness/Conference-Cmty Ctr 205538 1,232 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 205779 1,220 GENUINE PARTS COMPANY Deposits Escrow 205762 1,178 US BANK Interest Investment Fund 205433 1,139 EPA AUDIO VISUAL INC Operating Supplies Fitness Classes 205578 1,130 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 205738 1,123 SOLDO CONSULTING PC Legal Legal Council 205466 1,112 HOME DEPOT CREDIT SERVICES Supplies-Electrical Fire Station#2 205443 1,102 GE CAPITAL Other Rentals Customer Service 205488 1,100 LOGIN/IACP Dues&Subscriptions Police 205683 1,091 KEEPERS Clothing&Uniforms Police 205662 1,085 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 205583 1,081 VISTAR CORPORATION Merchandise for Resale Concessions 205448 1,075 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 205602 1,069 AL'S COFFEE Merchandise for Resale Concessions 205507 1,030 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering 205626 1,000 BUCK,NATHAN Other Contracted Services Basketball 205627 1,000 BUELL CONSULTING INC Deposits Escrow 205690 1,000 LESS MESS LLC Other Contracted Services Rehab 205712 998 OSI BATTERIES INC Operating Supplies Police 205694 963 MCNEILUS STEEL INC Repair&Maint. Supplies Water System Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205726 942 RESCUE RESPONSE GEAR INC Small Tools Fire 4120 928 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 205675 921 INDUSTRIAL AND RESIDENTIAL LIG Operating Supplies Utility Operations-General 205469 914 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 205492 912 MAXIMUM SOLUTIONS INC Software Maintenance IT Operating 205460 908 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police 205696 900 METRO SALES INCORPORATED* Other Rentals Customer Service 205637 865 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 205431 861 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions City Council 205670 838 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 205524 838 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall-CAM 205643 830 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 205523 808 POWERPLAN OIB Equipment Parts Fleet Operating 205645 805 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 205684 787 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 205722 786 QWEST Telephone Water Treatment Plant 205650 770 FERRELLGAS Motor Fuels Fleet Operating 205446 755 GRAINGER Supplies-General Bldg Facilities Staff 205566 720 ST PAUL,CITY OF Tuition Reimbursement/School Police 205603 713 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip. 205725 708 REBS MARKETING Other Contracted Services Environmental Education 205632 674 CLAREYS INC Safety Supplies Fire 205710 653 NORTHERN TOOL Equipment Parts Fleet Operating 205495 651 METRO SALES INCORPORATED* Other Hardware IT Operating 205491 646 MAUI WOWI HAWAIIAN Merchandise for Resale Concessions 4125 641 CERIDIAN Garnishment Withheld General Fund 205389 615 ASCAP Licenses,Permits,Taxes Arts 205402 615 BMI GENERAL LICENSING Licenses,Permits,Taxes Arts 4118 603 CERIDIAN Garnishment Withheld General Fund 205407 601 BRAUN INTERTEC CORPORATION Testing-Soil Boring Water Treatment Plant 205704 599 MOORE,COSTELLO&HART,PLLP Legal Utility Improvement Fund 205617 596 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 205377 574 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 205472 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 205723 566 QWEST Maintenance Contracts E-911 Program 205589 556 WINE COMPANY,THE Wine Domestic Den Road Liquor Store 205666 555 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 205728 544 ROREM,ANN M Instructor Service Arts Center 205485 540 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 205619 536 BIFFS INC Waste Disposal Park Maintenance 205777 536 CERIDIAN Ceridian IT Operating 205601 535 PETTY CASH-POLICE DEPT 205597 533 XCEL ENERGY Electric Traffic Signals 205730 522 SCHARBER&SONS Equipment Parts Fleet Operating 205776 511 ZIEGLER INC Equipment Parts Storm Drainage 205387 507 AMERITRAK Other Contracted Services Snow&Ice Control 205522 481 POWER SYSTEMS Equipment Repair&Maint Fleet Operating 205652 475 FORD,GARY Repair&Maint. Supplies Park Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205464 474 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 205644 464 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Community Development Admin. 205737 462 SNAP-ON TOOLS Small Tools Fleet Operating 205510 457 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 205394 456 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 205598 450 XTREME INTEGRATION Other Hardware Fire 205548 445 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control 205478 441 KEEPERS Clothing&Uniforms Police 205654 434 GE CAPITAL Office Supplies Customer Service 205624 428 BRAUN INTERTEC CORPORATION Lime Residual Removal Water Treatment Plant 205724 428 R&R SPECIALTIES OF WISCONSIN Repair&Maint-Ice Rink Ice Arena Maintenance 205500 427 MILIO'S SANDWICHES Merchandise for Resale Concessions 205463 425 HENRY,PAUL Other Contracted Services Broomball 205635 420 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 205458 417 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 205434 404 EXCELL WIRELESS Cable TV Community Center Admin 205414 402 CLAREYS INC Safety Supplies Fleet Operating 205550 400 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police 205587 400 WELLS FARGO BANK MINNESOTA NA Paying Agent G.O.Improvement Bonds 2006A 205665 400 HENNEPIN COUNTY CHIEFS OF POLI Dues&Subscriptions Police 205717 400 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink Ice Arena Maintenance 205729 394 ROWELL,ALEXANDER AR Utility Water Enterprise Fund 205547 393 SCHARBER&SONS Equipment Parts Fleet Operating 205620 390 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Hall-CAM 205444 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Housing and Community Service 205582 389 VINOCOPIA Transportation Den Road Liquor Store 205490 385 MAECK,TOM Other Contracted Services Community Band 205405 375 BOYER TRUCKS Equipment Parts Fleet Operating 205752 370 SULLIVANS UTILITY SERVICES INC Building Repair&Maint. Utility Operations-General 205393 368 BARNES,BELINDA A. Other Contracted Services Volleyball 205774 368 ZAHN,GERALD Other Contracted Services Volleyball 205411 358 CENTER FOR HEALTHY LIVING Instructor Service Classes/Programs/Events 205697 354 METROPOLITAN FORD Equipment Parts Fleet Operating 205531 352 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 205410 351 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 205609 351 AQUA LOGIC INC Other Contracted Services Pool Maintenance 205739 350 SOUNDS GREAT Instructor Service Special Events&Trips 205479 338 KENNEDY CONCESSIONS INC Merchandise for Resale Concessions 205577 338 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store 205618 331 BEST BUY Other Hardware Fire 205640 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 205537 311 QWEST Telephone IT Telephone 205682 304 KAISER MANUFACTURING INC Repair&Maint-Ice Rink 3rd Sheet of Ice 205379 300 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 205642 300 EDEN PRAIRIE CHAMBER OF COMMER Dues&Subscriptions Den Road Liquor Store 205672 300 IIMC Licenses&Taxes City Clerk 205657 293 GRAINGER Supplies-Electrical City Hall-CAM 205586 290 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205771 283 WORLD WIDE CELLARS INC Transportation Prairie View Liquor Store 205716 280 POMP'S TIRE SERVICE INC Tires Fleet Operating 205580 274 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 205669 272 HOIGAARD'S CUSTOM CANVAS Equipment Parts Water Treatment Plant 205575 270 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 205430 269 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 205719 259 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice 205610 240 ARNDT,DALE Small Tools Fleet Operating 205398 240 BERGET,LINETTE Instructor Service Outdoor Center 205521 240 PLEAA Dues&Subscriptions Police 205616 240 BERGET,LINETTE Instructor Service Outdoor Center 205671 240 IACP Dues&Subscriptions Police 205698 236 MIDLAND GLASS CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 205764 235 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 205568 229 STATE SUPPLY COMPANY Supplies-Plumbing Fitness/Conference-Cmty Ctr 205486 229 LEXISNEXIS Other Contracted Services Police 205659 226 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 205420 225 DAVANNI'S PIZZA Merchandise for Resale Concessions 205504 225 MINNESOTA STATE FIRE CHIEFS AS Dues&Subscriptions Fire 205399 221 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 205427 219 DMX MUSIC Other Contracted Services Prairie View Liquor Store 205395 216 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 205435 213 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 205429 211 DMX MUSIC Other Contracted Services Den Road Liquor Store 205452 200 GTS Conference Expense City Clerk 205542 200 ROGERS,KYLE Other Contracted Services Broomball 205546 200 RUWITCH,TREVOR J Other Contracted Services Broomball 205494 199 MENARDS Repair&Maint. Supplies Water Treatment Plant 205422 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff 205709 198 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 205733 196 SHI CORP Software Fire 205553 194 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 205530 194 PROP United Way Withheld General Fund 205572 193 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 205750 193 STREICHERS Equipment Parts Fleet Operating 205688 190 LAKE COUNTRY DOOR LLC Building Repair&Maint. Water System Maintenance 205439 186 FIRE SAFETY USA INC Protective Clothing Fire 205570 183 STREICHERS Clothing&Uniforms Police 205676 183 ITRON INC. Equipment Repair&Maint Water Metering 205440 183 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 205655 182 GEMPLERS Clothing&Uniforms Utility Operations-General 205401 180 BLOOMINGTON,CITY OF Laboratory Chemicals Water Treatment Plant 205558 180 SOCIETY FOR HUMAN RESOURCE MAN Dues&Subscriptions Human Resources 205513 179 NUCO2 INC Supplies-Pool Pool Maintenance 205605 169 ANCHOR PRINTING COMPANY Printing Police 205385 169 AMERICAN BOTTLING COMPANY,THE Misc Non-Taxable Prairie View Liquor Store 205623 164 BOYER TRUCKS Equipment Parts Fleet Operating 205604 164 AMERIPRIDE LINEN&APPAREL SER Repair&Maint. Supplies Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205778 163 FREY,LYNDELL Mileage&Parking Athletic Programs Admin 205551 160 SCRAP METAL PROCESSORS INC Equipment Parts Fleet Operating 205754 159 TACTICAL RIVER LLC Clothing&Uniforms Police 205484 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 205497 154 METROPOLITAN FORD Equipment Parts Fleet Operating 205744 150 SQUARE CUT Instructor Service Senior Center Administration 205404 146 BOURGET IMPORTS Transportation Prairie View Liquor Store 205445 141 GOPHER STATE ONE-CALL INC OCS-Leak Detection Utility Operations-General 205579 139 UNITED WAY United Way Withheld General Fund 205400 136 BLOOMINGTON SECURITY SOLUTIONS Building Repair&Maint. Water Wells 205658 136 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 205718 132 PREMIUM WATERS INC Operating Supplies Fire 205736 131 SIR KNIGHT CLEANERS Repair&Maint. Supplies Fire 205691 130 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 205552 130 SEELYE Equipment Parts Water Treatment Plant 205649 128 FASTENAL COMPANY Equipment Parts Fleet Operating 205457 121 HENNEPIN CO TAXPAYER SERVICES Software Maintenance IT Operating 205470 118 J H LARSON COMPANY Building Materials Park Maintenance 205503 118 MINNESOTA SAFETY COUNCIL Office Supplies Customer Service 205611 118 AUTO ELECTRIC SPECIALISTS Equipment Parts Fleet Operating 205780 113 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 205378 112 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Classes/Programs/Events 205631 110 CHESTNUT CAMBRONNE,PA Legal Legal Criminal Prosecution 205556 110 SIR KNIGHT CLEANERS Operating Supplies Fire 205415 106 COMCAST Wireless Subscription IT Operating 205700 105 MINNESOTA SAFETY SERVICES LLC Operating Supplies Pool Lessons 205386 105 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 205689 105 LAW ENFORCMENT TARGETS INC Training Supplies Police 205687 104 KRAUSE,MARY Mileage&Parking Engineering 205487 104 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 205416 103 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 205417 100 CONNETT,KEITH Refunds Environmental Education 205437 100 FERRARA,MICHAEL Refunds Environmental Education 205441 100 FROEMMING,SCOTT Refunds Environmental Education 205482 100 KOCHER,SUSAN Instructor Service Outdoor Center 205517 100 PETERSON,CHERYL Refunds Environmental Education 205543 100 ROLF,KURT Refunds Environmental Education 205647 100 FABEL,ELIZABETH Refunds Environmental Education 205418 100 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 205544 98 ROZEBOOM,MELVIN Refunds Environmental Education 205501 95 MINNESOTA LEGAL REGISTER Dues&Subscriptions Assessing 205751 95 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 205731 92 SCHERER BROTHERS LUMBER CO Equipment Parts Snow&Ice Control 205388 92 APCO INTERNATIONAL Dues&Subscriptions Police 205480 92 KIDCREATE STUDIO Instructor Service Arts Center 205608 92 APCO INTERNATIONAL Dues&Subscriptions Public Safety Communications 205541 92 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 205641 90 DIRECTV Cable TV Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205518 90 PETSMART Canine Supplies Police 205502 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 205770 82 WOMEN IN LEISURE SERVICES Conference Expense Youth Programs Administration 205708 82 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 205585 75 WATSON,DONA Refunds Environmental Education 205686 75 KORMANN,ANNE Refunds Water Accounting 205760 75 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 205656 75 GINA MARIAS INC Operating Supplies Fire 205493 72 MCQUAY INTERNATIONAL Supplies-HVAC Fire Station#1 205456 72 HENNEN,SCOTT Other Contracted Services Basketball 205528 72 PRINTERS SERVICE INC Contract Svcs-Ice Rink 3rd Sheet of Ice 205549 72 SCHIPULL,JEFF Other Contracted Services Basketball 205667 71 HERRIG,JEFF Tuition Reimbursement/School Fire 205633 71 COMCAST Dues&Subscriptions City Council 205514 70 OTTEN,DAN Mileage&Parking Inspections-Administration 205706 70 MRPA Dues&Subscriptions Park Maintenance 205454 64 HD SUPPLY FACILITIES MAINTENAN Supplies-Electrical Fire Station#4 205506 64 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 205563 62 SPRINT Telephone Engineering 205651 58 FISCHER,MARLENE Accounts Receivable Community Center Admin 205685 53 KINDERMUSIK WITH KIM Instructor Service CC-Arts&Drama 205428 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 205423 50 DENUCCI,PATRICK Refunds Environmental Education 205436 50 FBI-LEEDA Dues&Subscriptions Police 205745 50 STANTON,KAY Refunds Environmental Education 205571 49 SUBRAMANIAN,RAMANATHAN Refunds Environmental Education 205747 49 STEEN,INA Accounts Receivable Community Center Admin 205629 49 CAWLEY COMPANY,THE Office Supplies City Council 205529 48 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 205447 48 GRAND PERE WINES INC Wine Imported Prairie View Liquor Store 205775 48 ZENG,JINBO Refunds Environmental Education 205648 48 FAGNANT,SUSAN Instructor Service Outdoor Center 205459 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 205653 45 G&K SERVICES Clothing&Uniforms Utility Operations-General 205607 44 ANDERSON,LISA Accounts Receivable Community Center Admin 205743 41 SPRINT Wireless Subscription IT Operating 205663 40 GUST,CORRINE Accounts Receivable Community Center Admin 205702 40 MNSTMA Dues&Subscriptions Park Maintenance 205425 37 DIRECTV Operating Supplies Police 205673 36 IND SCHOOL DIST 272 Operating Supplies Police 205539 34 RICHFIELD,CITY OF Licenses&Taxes Fleet Operating 205636 33 CROWN MARKING INC Licenses&Taxes Police 205569 32 STRAND MANUFACTURING CO INC Equipment Repair&Maint Water Treatment Plant 205555 32 SHRED-IT Other Contracted Services Community Center Admin 205735 29 SINGH,KARAN Accounts Receivable Community Center Admin 205763 28 VAN PAPER COMPANY Repair&Maint-Ice Rink Ice Arena Maintenance 205512 27 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Organizational Services 205438 25 FERRISS,BARBARA Refunds Environmental Education Check# Amount Vendor/Explanation Account Description Business Unit Explanation 205621 25 BORGGREVE,VASILIOS Refunds Environmental Education 205705 23 MPCA Licenses&Taxes Sewer Utility-General 205392 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 205562 16 SPANGRUD,LORRAINE Accounts Receivable Community Center Admin 205693 15 MASS Dues&Subscriptions Senior Center Administration 205749 13 STRATHOPOLOUS,JACLIN Accounts Receivable Community Center Admin 205557 12 SNAP-ON TOOLS Small Tools Fleet Operating 205432 11 EDEN PRAIRIE WINLECTRIC Operating Supplies Street Maintenance 205545 10 RUMFORD,JOAN Accounts Receivable Community Center Admin 205505 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods 205758 8 THOMAS,TERRY Accounts Receivable Community Center Admin 205525 6 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 4124 5 VANCO SERVICES Bank and Service Charges Sewer Utility-General 205625 2 BRUENING,CHARLOTTE Accounts Receivable Community Center Admin 205483 1 KRAEMERS HARDWARE INC Repair&Maint. Supplies Water Treatment Plant 5,178,011 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Nancy Tyra-Lukens, Mayor City Manager Contract Requested Actions Move to: Approve the contract appointing Richard Getschow as the Eden Prairie City Manager. Synopsis At its February 3, 2011, Special Meeting, the Eden Prairie City Council unanimously voted to approve Rick Getschow as their choice of City Manager. Subsequent to that meeting, Mayor Tyra-Lukens and Council Member Aho met with the City Attorney, the Human Resources Manager, and the Recruiter to develop the terms of a contract. The Mayor presented the contract to Mr. Getschow, and he has accepted the terms as presented. The contract, which has been signed by Mr. Getschow, is attached for the Council's review and approval. Attachment Contract EMPLOYMENT AGREEMENT AGREEMENT made this 15 day of February, 2011, by and between the City of Eden Prairie, a Minnesota municipal corporation("City"), and Richard Getschow ("Employee"). The parties agree as follows: 1. POSITION. City agrees to employ Employee as its City Manager. Employee agrees to serve as City Manager in accordance with state statutes, City ordinances and the position description and to perform the duties and responsibilities of the position, as well as duties assigned to him from time to time by the City. 2. PENSION PLAN. City shall contribute to PERA as required by State law for Employee. 3. SALARY. City shall pay Employee a salary of One Hundred Thirty Seven Thousand dollars ($137,000.00) per year starting March 28, 2011. Annually, in January, the salary of Employee shall be reviewed and may be adjusted as the Council deems appropriate, effective the first pay period in January. 4. PERFORMANCE REVIEW. The City Council shall make every effort to review and evaluate the performance of Employee annually in January in conjunction with the review of Employee's salary. 5. BENEFITS. Employee shall be entitled to participate in benefit plans the City maintains for its employees, including Paid Time Off(PTO), Holidays and Insurance as provided to other full-time employees, as the same may be amended from time to time. Employee shall be credited five years of service towards the PTO schedule and will start accruing PTO at 7.08 hours each pay period (184 hours per year). Employee shall be credited with a balance of 40 hours of PTO upon the start of employment. 6. REIMBURSED EXPENSES. City will reimburse Employee for reasonable and necessary job-related expenses as provided to other full-time employees, as the same may be amended from time to time. Employee shall be reimbursed for the personal use of his automobile on City business on a per mile basis in accordance with IRS regulations. 7. PROFESSIONAL DEVELOPMENT. City shall budget and pay the costs for Employee that are necessary for continued participation in national, state, and local associations desirable for Employee's continued professional growth and development. This includes memberships in professional associations, subscriptions, dues, seminars and conferences within Minnesota, and one seminar per year outside the State of Minnesota. 8. HOURS OF WORK. It is understood that the position of City Manager requires attendance at evening and weekend meetings. It is understood by Employee that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. It is further understood that Employee may absent himself from the office to a reasonable extent in consideration of extraordinary time expenditures for evening and weekend meetings at other than normal working hours. 9. TERMINATION BENEFITS. In the event that Employee is terminated by the City during such time that Employee is willing and able to perform the duties of City Manager, then in that event, City agrees to pay Employee at the time of the receipt of his last paycheck a lump sum cash payment equal to six (6) months aggregate salary and to continue to provide and pay to the same extent as provided in paragraph 5 Employee's health and life insurance for a period of six (6) months following termination. However, in the event Employee's employment is terminated because of his death, or disability preventing him from substantially performing his duties as City Manager, or in the event Employee is terminated because of his malfeasance in office, gross misconduct, conviction for a felony, or conviction for an illegal act involving personal gain to Employee, then Employer shall have no obligation to pay the termination benefits. If Employee voluntarily resigns his position with Employer, Employee agrees to give the Employer forty-five (45) days advance notice. If Employee voluntarily resigns his position with Employer, there shall be no termination benefits, as provided in this paragraph, due to Employee. 10. OTHER TERMS AND CONDITIONS. All personnel handbooks, policies and procedures of City shall apply to Employee as they would to other City employees, including provisions in such documents that they do not constitute an employment agreement. Except as otherwise provided herein or by law this Agreement shall constitute the entire agreement between City and Employee. 11. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Employee at any time, for any reason, subject only to the provisions of this Agreement. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with the City, subject only to the provisions of this Agreement. 12. MISCELLANEOUS. This Agreement shall be governed and constructed in accordance with the substantive and procedural laws of the State of Minnesota. This Agreement sets forth the entire agreement of the parties and supersedes and renders null and void any and all prior or contemporaneous oral or written understandings, statements, representations or promises. There are no oral or written agreements between the parties. If any provision or provisions contained in this Agreement is or are held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect. • • IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its Mayor and Interim City Manager,and Employee has signed this Agreement the day and year first written above. CITY OF EDEN PRAIRIE: BY: Mayor BY: Interim City Manager • Richard Getschow CITY COUNCIL AGENDA DATE: SECTION: Report of the City Manager February 15, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Jay Lotthammer, Interim City Approve scheduling of a joint meeting of the Manager City Council and the Budget Advisory Commission for 6:00 p.m., April 28, 2011 Requested Actions Move to: Approve scheduling of a joint meeting of the City Council and the Budget Advisory Commission for 6:00 p.m., April 28, 2011. Synopsis At its February 1 meeting, the City Council approved the Budget Advisory Commission work plan, which included a joint meeting of the City Council and the Budget Advisory Commission in April 2011.