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City Council - 05/03/2011
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 3, 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, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. COUNCIL BUDGET DISCUSSION Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 3,2011 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: City Manager Rick Getschow, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, 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. METROPOLITAN COUNCIL UPDATE B. SENIOR AWARENESS PROCLAMATION C. HUMAN RIGHTS AWARD PRESENTATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 19, 2011 B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 19, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR ONGOING SERVICE OF THE 911 DISPATCH CONSOLE SYSTEM C. ADOPT RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE CITY COUNCIL AGENDA May 3, 2011 Page 2 D. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS E. APPROVE THE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE F. AWARD THE CONTRACT FOR REDESIGN AND HOSTING OF CITY'S WEBSITE TO VISION INTERNET PROVIDERS, INC. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTIONS AMENDING TIF DISTRICT #15 PLAN AND PROJECT MANAGEMENT AGREEMENT (SUMMIT PLACE SENIOR HOUSING PROJECT) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. DEED Grant B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eden Prairie Foundation Grant for Tents for the "Great American Camp Out" at Riley Lake Park 2. Eden Prairie Foundation Grant for a Portable Staging System for Community Band, Community Theatre and the Staring Lake Concert Series 3. Eden Prairie Foundation Grant for a New Table Saw for the Senior Center Woodshop E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA May 3, 2011 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 29, 2011 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 3, 2011 TUESDAY,MAY 3, 2011 7:00 PM, COUNCIL CHAMBER I. ROLL CALL /CALL THE MEETING TO ORDER II. COLOR GUARD/PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name,phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. METROPOLITAN COUNCIL UPDATE Jennifer Munt, Eden Prairie's new Metropolitan Council District 3 Representative, will introduce herself and provide an update on the Metropolitan Council. B. SENIOR AWARENESS PROCLAMATION The Mayor will read the proclamation. Members of the Senior Center Advisory Council will be on hand to accept the proclamation. C. HUMAN RIGHTS AWARD PRESENTATION Mayor Tyra-Lukens will read the award details, and Pam Spera and Peter Huck will present the award to this year's recipients. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA May 3,2011 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 19, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 19, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-F on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SERVICE AGREEMENT WITH MOTOROLA FOR ONGOING SERVICE OF THE 911 DISPATCH CONSOLE SYSTEM C. ADOPT RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA FOR THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE D. PROCLAMATION RECOGNIZING CENTRAL MIDDLE SCHOOL PARAPROFESSIONALS E. APPROVE THE LETTER OF AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE HEALTH INSURANCE F. AWARD THE CONTRACT FOR REDESIGN AND HOSTING OF CITY'S WEBSITE TO VISION INTERNET PROVIDERS, INC IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTIONS AMENDING TIF DISTRICT #15 PLAN AND PROJECT MANAGEMENT AGREEMENT (SUMMIT PLACE SENIOR HOUSING PROJECT) Official notice of this public hearing was published in the April 21, 2011,Eden Prairie News. Synopsis: Tax Increment District#15 was established in 1999 in order to provide 43 affordable housing units to seniors living at Summit Place for a term of 15 years. Silvercrest Properties, the owners of Summit Place, plan to add an 80-unit building to their existing campus in 2011 that will serve seniors requiring higher levels of services. As part of this request, the owners have agreed to use additional TIF revenue generated from the 80-units addition to provide 5 more affordable rental units within the existing independent building for a total of 48 affordable units. They have also agreed to extend the term of the affordable units to year 2026, or 26 years from when the first increment was collected from the district, which is the maximum allowed by State Statute. ANNOTATED AGENDA May 3,2011 Page 3 If the forecasted amount of TIF to be collected over the next 15 years is more than is needed to write down rents on the affordable units, then the rental affordability on all 48 units will be extended. Current estimates forecast this additional affordability term to occur 2027 through 2029. Summit Place is a 320-unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center. The project is part of a Tax Increment Financing(TIF) district created in 1999 to help subsidize 20% of the total units for seniors with incomes below 50% of the median income for the metro area. MOTION: Continue the Public Hearing to May 17, 2011. 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. DEED Grant No action is requested. This is an informational item. Synopsis: On April 13, the City received a letter from the Minnesota Department of Employment and Economic Development informing us that the City's application for an Innovative Business Development Public Infrastructure grant has been approved in the amount of$275,000. The grant will go toward paying for infrastructure improvements at Valley View Road and Prairie Center Drive in the Golden Triangle business park. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eden Prairie Foundation Grant for Tents for the "Great American Camp Out" at Riley Lake Park Synopsis: The Eden Prairie Community Foundation is donating $2,000 to fund the purchase of five 8-person tents suitable for families to use during the ANNOTATED AGENDA May 3,2011 Page 4 first ever outdoor camping event scheduled for Riley Lake Park this coming August. The desired outcome is to give Eden Prairie families an opportunity to experience the outdoors through camping. Families will experience an appreciation for the great outdoors through camping activities, education and activities geared towards bringing families together in an outdoor setting within a community park. MOTION: Move to: Accept the donation from the Eden Prairie Foundation in the amount of $2,000 to fund five family camping tents for the "Great American Camp Out" at Riley Lake Park this summer. 2. Eden Prairie Foundation Grant for a Portable Staging System for Community Band, Community Theatre and the Staring Lake Concert Series Synopsis: The Eden Prairie Foundation is donating $10,745 to fund mobile staging platforms specific to the needs of the City of Eden Prairie performing arts programs and events, including adjustable legs for maximum versatility and carts for safe storage and easy transportation. MOTION: Move to: Accept the donation from the Eden Prairie Foundation in the amount of $10,745 to fund a portable staging system for the Community Band, Community Theatre and the Staring Lake Concert Series. 3. Eden Prairie Foundation Grant for a New Table Saw for the Senior Center Woodshop Synopsis: The Eden Prairie Community is donating $1,600 to partially fund a replacement table saw for the Senior Center woodshop. The existing table saw is 17 years old. The new SawStop professional cabinet saw will provide woodshop users with the safest table saw on the market. The saw has a safety feature which stops and retracts the blade when it comes into contact with skin. This provides unparalleled safety for the table saw user. Staff is seeking matching funds from the Senior Advisory Council through their special fund to cover the remaining balance of this purchase. MOTION: Move to: Accept the donation from the Eden Prairie Foundation in the amount of $1,600 to partially fund a new table saw for the Senior Center woodshop. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF ANNOTATED AGENDA May 3, 2011 Page 5 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.B. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2011 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this 3rd day of May 2011. Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Community Development Human Rights Awards Molly Koivumaki, Manager, Housing and Community Services Requested Action Recipients of the Human Rights Awards will be recognized. Human Rights Award—Individual Recipients Joe Epping Cathy Haukedahl Janet Palmer Sharon Peterson Background Members of the Human Rights and Diversity Commission are Pamela Spera(Chair), Peter Huck (Vice Chair), Linda Crawford, Gayle Sanders, Robert Rozanski, PG Narayan, Zina Nourkadi, and Molly Koivumaki (Staff Liaison) Attachments Recipient Information Human Rights Awards Individual Recipients—4 recipients The four individuals being recognized formed a team to help raise funds for PROP at an event called"The Souper Bowl"which took place on January 29t', at Central Middle School. The Souper Bowl Team worked with Art teachers and students in Eden Prairie and Chanhassen to make ceramic b owls which w ere s old at the event. Area businesses donated the food and other s ervices for the e vent. Hand-made items w ere d onated for a s ilent au ction. T alented musicians donated their time to perform fabulous music for the event. The event raised$10,000 for PROP! The four individuals who made it all happen are: Joe Epping—Principal at Central Middle School Joe has been with the Eden Prairie School District for 25 years. From his days as a high school teacher to his present title as Principal at Central Middle School, Joe has been connected with PROP. Joe was instrumental in the success of the Souper Bowl event by providing the Central Middle School facility as the site for the event. Janet Palmer, Operations Manager PROP Janet is PROP's Operational Manager and was an essential part of the team that planned and implemented the move to the new PROP facility. Janet has been with PROP for three years; she is also a resident of Eden Prairie and has two teenagers attending EP schools. Janet was a key player in driving community support for the event. Cathy Haukedahl,Manager at Flagship Bank Cathy is a Branch Manager for Flagship Bank in Eden Prairie and is very involved in the Eden Prairie Community. She holds a leadership position with the Eden Prairie Chamber of Commerce and currently serves on the PROP Shop board. Cathy served as a PROP board member for two years. Sharon Peterson,Eaton Corporation Sharon is an Account Coordinator at Eaton, She was a PROP volunteer for many years served on the board of directors for six years. Sharon also volunteers with a PROP partnership program Fare For All Express. She is active the Eden Prairie Lioness Club and is committed to supporting community members in need. ITEM NO.: VI.A. TUESDAY,APRIL 19, 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, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters EDEN PRAIRIE HISTORICAL SOCIETY: Kathie Case (President), Jan Mosman (Vice President) Heritage Room II Council Member Butcher was absent due to a death in the family. I. HISTORICAL SOCIETY UPDATE Historical Society President Kathie Case said the group's membership is growing, and she distributed a newsletter that outlines events for the corning year. The Historical Society is holding its Annual Meeting and the Grand Opening of the Schoolhouse Exhibit at the History Center(8080 Mitchell Road) on April 14. On May 22, the Historical Society will host an Open House at the Cummins-Phipps-Grill House. Many upgrades have been made to the house and the grounds. The outhouse has been renovated and the milk house patio has been paved with bricks donated to the Anderson Schoolhouse Project. City sewer and water have been extended to the site, and the home's bathroom has been completely renovated and brought up to code. Original light fixtures have been located and will be installed. Kathie Case said funds for work on the homestead have come from Historical Society dues, the Anderson Schoolhouse project, the Eden Prairie Foundation, and the Stoebner Foundation. Kathie Case said a letter of interest has been sent to the National Trust for Historic Places seeking an invitation to apply for a grant to be used for work on the homestead. Council Member Ron Case said he would like to have a staff member with time devoted to grant writing for historical projects. He asked if this type of duty could be added to the historical preservation consultant's (John Gertz) duties. Community Development Director Janet Jeremiah said the 2001 budget includes $3,000 in undesignated funds that could be used to pay Gertz for doing some grant writing for the Historical Preservation Commission. Jan Mosman said the Historic Preservation Commission has committed to helping the Historical Society if they are invited to submit a grant application to the National Trust for Historic Places. City Council Workshop Minutes April 19, 2011 Page 2 Parks and Recreation Director Jay Lotthammer gave an update of landscaping plans for the homestead site. Council asked Lotthammer to have a sign directing visitors to the homestead and other park amenities installed at the entrance to the site. Mosman said in addition to being the Historical Society's home base, the Cummins- Phipps-Grill Homestead can be rented for meetings and special events. Kathie Case and Jan Mosman invited the Council and staff to view the newly renovated History Center across the hall before going upstairs to convene the City Council meeting. Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 19, 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: City Manager Rick Getschow, Public Works Director Gene Dietz, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, 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 Butcher Wickstrom was absent. Tyra-Lukens noted this is the first meeting with our new City Manager Rick Getschow. II. COLOR GUARD /PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. HENNEPIN COUNTY LIBRARY UPDATE Dillon Young, Senior Librarian at the Eden Prairie Library, presented an update. He reviewed the highlights of the library during 2010, noting the Hennepin County website has been updated and now includes a job database with access to live people, a digital catalog, and an application for iPhones, Androids and Blackberries. He reviewed their focus areas for 2011 and said they will coordinate several events with community organizations. They have over 100 volunteers who help with programs and with tasks such as shelving books. Tyra-Lukens said she was excited to hear we are still No. 1 in circulation. She asked if eBooks are considered part of the checkout totals. Young said those are considered their own library. B. TOUR DE TONKA PRESENTATION Tim Litfin, Community Education Officer at Minnetonka Public Schools, gave an overview of the upcoming Tour de Tonka. He noted part of the course comes through Eden Prairie this year. The event will be held Saturday, August 6 and they will need many volunteers for it. CITY COUNCIL MINUTES April 19,2011 Page 2 C. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens read a proclamation declaring May 7, 2011 as Arbor Day in the City of Eden Prairie. She noted aerial photos of Eden Prairie show we have far more trees today than we did in the 1940's and 50's. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Item XIV.2,3, and 4. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15, 2011 MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, March 15, 2011, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2011 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, March 15, 2011, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE AMENDMENT TO EDEN N PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS C. AWARD CONTRACT FOR COMMUNITY CENTER STANDBY GENERATOR D. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FLYING CLOUD ATHLETIC FIELD EXPANSION CONSTRUCTION SERVICES E. PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RICE MARSH LAKE TRAIL CONSTRUCTION SERVICES F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC CORPORATION FOR CONSTRUCTION TESTING SERVICES AT FLYING CLOUD FIELD EXPANSION PROJECT G. AWARD CONTRACT FOR 2011 STREET STRIPING TO AAA STRIPING SERVICE COMPANY CITY COUNCIL MINUTES April 19,2011 Page 3 H. AWARD CONTRACT FOR 2011 BITUMINOUS CRACKSEALING TO PRECISION SEALCOATING INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF MITCHELL ROAD SOUTH OF CSAH 1 (PIONEER TRAIL) J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR 2011 WATER QUALITY MONITORING PROGRAM K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF INC. FOR FINAL DESIGN AND CONSTRUCTION SERVICES FOR REPAIR OF THE NEILL LAKE BERM L. AWARD CONTRACT TO REPLACE METAL ROOF AT CITY CENTER BUILDING TO JOHN A DALSIN AND SONS ROOFING M. APPROVE LEASE AGREEMENT WITH FLAGSHIP BANK FOR AUTOMATED TELLER MACHINE (ATM)AT CITY CENTER AND COMMUNITY CENTER N. APPROVE 2010 UNBUDGETED FUND TRANSFERS O. APPROVE PROCLAMATION FOR STANDUP FOR KIDS FOUNDATION MOTION: Case moved, seconded by Nelson, to approve Items A-O on the Consent Calendar. Regarding Item K,Nelson asked if the planned repairs will lower the lake level. Dietz said there will not be any change in water elevation with this work. VOTE ON THE MOTION: Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. WEDDING DAY DIAMONDS by Tanek, Inc. Planned Unit Development Concept Amendment on 0.69 acres, Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres. Location: 8320 Crystal View Rd. (Resolution No. 2011-36 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Getschow said this project is a 3,224 square foot mezzanine addition to the existing building. The mezzanine level is above the existing parking lot. Based on the total square feet for the building a total of 33 spaces are required. The plan shows 33 spaces. The building meets the exterior material requirements for 75% face brick, glass, and natural stone. Rooftop mechanical screening and brick trash enclosure CITY COUNCIL MINUTES April 19,2011 Page 4 are proposed. The 120-day review period expires on July 1, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. Official notice of this public hearing was published in the April 7, 2011, Eden Prairie News and was sent to 20 property owners. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution No. 2011-36 for Planned Unit Development Concept amendment on 0.69 acres; to approve 1st reading of the ordinance for Planned Unit Development District review and Zoning District amendment within the Commercial Regional Service Zoning District on 0.69 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. B. REDSTONE AMERICAN GRILL by Jim Sultany. Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres. Location: 8000 Den Road. (Resolution No. 2011-37 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Amendment) Getschow said this project is a 1,000 square foot banquet room addition to the existing building. The project requires two waivers: A shoreland setback waiver from 200 feet to 110 feet and an impervious surface waiver from .734 to .737 or 389 square feet. Getschow said in 2001 the City granted a shoreland setback waiver to 60 feet for the existing building. Reasons to consider the waiver are that the addition is further from the lake than the existing building; and the proposed setback is consistent with other setbacks for existing buildings adjacent to the lake. In 2001 an impervious surface waiver was granted based on mitigation which was the construction of a treatment pond. The plan has been revised to increase the stormwater pond size to show mitigation for increased impervious surface. The 120-day review period expires on July 15, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the March 28, 2011 meeting. Official notice of this public hearing was published in the April 7, 2011,Eden Prairie News and sent to 16 property owners. Case said we have expressed the thought that our ponds will be filling up, and he asked if the expansion of the current pond will require us to look at how it has been functioning. Dietz said that raises a good question, and he did not know the answer at this point. This is a very small expansion, and he didn't know that our rules would make them clean out the existing pond. We are collecting storm water fees from the site and that would be our responsibility if the pond is in public water. Case thought it might be an opportune time to get actual feedback to see how the ponds are functioning. Dietz said that was a good point and staff will look into it. CITY COUNCIL MINUTES April 19,2011 Page 5 Tyra-Lukens asked about the parking issue. Jeremiah said they will lose five parking spaces, but they still exceed our minimum parking requirements. The parking appears to be adequate and she has not been aware of any problems with parking in fire lanes or other restricted areas. There were no comments from the audience. MOTION: Case moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2011-37 for Planned Unit Development Concept amendment on 2.97 acres; to approve 1st reading of the ordinance for Planned Unit Development District review and Zoning District amendment within the Commercial Regional Service Zoning District on 2.97 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to approve and authorize issuance of a grading permit for Redstone American Grill project subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated April 14, 2011, as approved by the City Council; and to approve and authorize issuance of a footing and foundation permit for the Redstone American Grill project subject to release by the Chief Building Official that the building permit conforms to plans stamp dated April 14, 2011, as approved by the City Council. Motion carried 4-0. C. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE, ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL Getschow said this code amendment is adding cast stone, cultured stone, architectural precast, and precast concrete panel to the list of exterior materials in the 75% category in Commercial, Office, Town Center, High Density and Public Zoning Districts. The reasons for doing this are as follows: • It looks like real stone. • There are a variety of colors, textures and shapes available. • Flexibility for the architect. • Cost savings for the developer/owner. • Environmentally friendly. Aho asked if we feel there is a good track record in terms of longevity and if we know the products will hold up as well as other materials. Jeremiah said we are one of the last cities to come around on this issue because we were very adamant that they have a good track record. She said they do have a good track record and have been used in other places for many years. They continue to maintain aesthetic value as well. She thought the development community will be pleased with this amendment. There were no comments from the audience. MOTION: Nelson moved, seconded by Aho, to close the Public Hearing, to approve 1st reading of the ordinance to amend City Code Section chapter 11, section 11.02 by the addition of definitions for cast stone, cultured stone, architectural CITY COUNCIL MINUTES April 19,2011 Page 6 precast and precast concrete panel, to amend section 11.03, subdivision 3.k relating to architectural standards, and to adopt by reference city code chapter 1 and section 11.99, which among other things contain penalty provisions. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Case,Nelson, and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Readers Digest Donation—Mayor Tyra-Lukens Tyra-Lukens said the Reader's Digest"We Hear You America"made a stop at City Center on April 13 to present a$1,000 stimulus check to the City. The purpose of the stimulus check is to promote and financially stimulate our city. 2. Landfill—Mayor Tyra-Lukens Tyra-Lukens said at the last Council workshop we had a presentation from the Minnesota Pollution Control Agency(MPCA) about possible solutions to deal with our landfill and the Hopkins landfill. One of the proposals was to open up our landfill for repairs, which needs to be done regardless, and to bring Hopkins' garbage from their dump to our landfill. They did not ask us for a formal vote at the workshop, but she is very concerned about this. All of the Council Members have received phone calls and emails about it. The landfill was a very hot topic in the early 1990's. She said they do need to open up the landfill to make some repairs to allow for better drainage. She said she would like to have the Council take a vote tonight whether we would entertain the idea of taking the garbage from Hopkins. Aho noted it would take a 4/5 vote of the Council to approve it. MOTION: Case moved, seconded by Aho, to go on record that the City Council will not vote to accept landfill contents from the Hopkins landfill. Motion carried 4-0. Nelson said this is a lot of garbage to move, and it doesn't seem very logical to do this. CITY COUNCIL MINUTES April 19,2011 Page 7 Case said he wanted to underscore that residents will see the landfill opened up in the future in order to make the necessary repairs. It is currently gathering surface water which has to be corrected. He said the MPCA has the authority to do the repairs but does not have the funding for it at this point. Nelson said the gas extraction system is not operational and they need to correct that. She said they keep learning about how to safely close the large landfills, and ours isn't quite "up to snuff" It is her understanding that they will do this in sections to try to keep the odor down. Aho said the MPCA does have jurisdictional authority, and they can do the repairs without the permission of Eden Prairie. We have not been given any schedules or dates as to when the project would be undertaken, and we don't have much control over when and if it is done. Case said to clarify they have the jurisdiction to fix the current landfill but would need our vote to expand it. Aho said they plan to fix it by taking off a layer of dirt over the liner because there is not enough scope on the cover to allow water to drain off it. The water pools on the cover and that is not desirable. It would be repaired to re- scope the surface of the trash and put a new cover over the top so the water doesn't pool. Getschow said this was a state proposal. The two communities did not bring forth the proposal so a vote is not required. If they are going to do the work, they will have a public process for the neighbors in the area. We have no input about when that occurs, but there is no funding at the current time. The MPCA will attempt to involve as many residents who are affected as possible when the time comes. Rosow said 21 years ago City Manager Carl Jullie and he negotiated the agreement to close the landfill, and he never dreamed he would be watching the item come back. He said without the restrictive covenant negotiated at that time, they would have not had to ask our permission to add to the landfill. 3. League of Minnesota Cities Annual Meeting— Mayor Tyra-Lukens Tyra-Lukens said when the Council discussed their goals for the year in January she expressed her desire to get the community involved in conversation about such things as our services and the tax situation. We had an opportunity to apply to the League of Minnesota Cities to participate in their Community Conversations program. They work with cities to facilitate these types of conversation. We applied and were approved for this program. As part of being selected for the program, they are giving us a free registration for their annual meeting in June. Getschow said it will be held on June 15-17 in Rochester. CITY COUNCIL MINUTES April 19,2011 Page 8 4. Chinese Delegation—Mayor Tyra-Lukens Tyra-Lukens said we had a visit from a delegation of officials from the city of Lodi, China. We have had an ongoing relationship with Lodi for a number of years. We hosted a reception for them yesterday afternoon and exchanged gifts. B. REPORT OF CITY MANAGER 1. Earl Willford Award Getschow said last Wednesday the City received the Earl Willford Labor Management Cooperation and Partnership Award. Our receipt of the award was attributed to our receiving the ranking of No. 1 City in the U.S. He said the award shows the excellent cooperation we have between labor and management and our ongoing conversation to discuss better ways of doing things. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Modification of Housing Rehab Loan Repayment Agreement Jeremiah said for the last 20 years the City's Housing Rehab Loan program included a 5% simple interest rate which accrues for a period of ten years. Staff is recommending eliminating the interest as it is no longer competitive and may be stifling homeowner participation because lower interest rates are available elsewhere. Also, the value of the repairs and improvements (e.g., new roof shingles) tend to depreciate over time, while the interest results in a higher repayment than the cost of the original rehabilitation. Jeremiah said the Rehab Loan Program utilizes federal CDBG funds and repayments from previous loans. There are currently 72 rehab loans open. Of those, 15 no longer accrue interest. The remaining 57 would cease accruing interest as of the date of Council action on this change. Rehab loan holders would be notified of the change in the terms and would be asked to sign a loan modification statement. The Repayment Agreement would be modified to eliminate the accrual of interest from this date forward. Future loans opened would not be subject to interest. She said Jeanne Karschnia is the part time staff person working on this. MOTION: Case moved, seconded by Aho, to approve the modification of the Housing Rehab Loan Repayment Agreement, which eliminates the 5% interest rate. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES April 19,2011 Page 9 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION Rosow said the Council will move to closed session to discuss potential litigation with the BearPath Ltd. Partnership. He noted no formal action would be taken tonight and the Council will adjourn from closed session. The Council moved to closed session at 7:57 PM. XVII. ADJOURNMENT Mayor Tyra-Lukens adjourned the meeting at 8:22 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Eden Prairie Noon Rotary Place: Staring Lake Park Date: June 12, 2011 Temporary Beer Organization: Eden Prairie Noon Rotary Event: Festival of Jazz Date: June 12, 2011 Place: Staring Lake Park 14800 Pioneer Trail New Liquor License Licensee name: Eden Prairie HHP II, LLC DBA: Hampton Inn 7740 Flying Cloud Drive New Liquor License—New Ownership Licensee name: Noble UHY Minneapolis Op Co, LLC (Formerly Select Hotels Group LLC ) DBA: Hyatt Place Minneapolis Eden Prairie 11369 Viking Drive - 1 - CITY COUNCIL AGENDA DATE: May 3, 2011 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. George Esbensen Fire Department Motorola Service Agreements Requested Action: Move to: Approve the agreements with Motorola for the ongoing annual service of our 911 dispatch consoles system. Synopsis: The agreement includes the on-site repair and maintenance of all console locations including infrastructure. This agreement also covers the service for logging recorder that is integrated into the system. Background Information: The City of Eden Prairie awarded Motorola the contract for the purchase and installation of the MCC 7500 dispatch console system and NICE Logging recorder. The manufacturer's warranty is now expired and this agreement allows for local 24-hour service in the event that problems occur. This agreement will cover 18 months and will be reviewed each year. This expenditure will be paid from the E911 fund. Attachments: Agreements ® MOTOROLA SERVICE AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001013903 1301 East Algonquin Road Contract Modifier: RN30-JAN-11 0431:23 Schaumburg,IL 60196 (800)247-2346 Supercedes Agreement(s): Date:04/11/2011 Company Name: Eden Prairie Fire Dept,City Of Required P.O.: No Attn: Customer#: 1036447929 Billing Address: 14800 Scenic Heights Rd Bill to Tag#: 0001 City, State,Zip: Eden Prairie, MN 55344 Contract Start Date: 05/01/2011 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2012 Phone: (952)949-8368 Anniversary Day: Apr 30th Fax: Payment Cycle: IMMEDIATE Tax Exempt: Pays State Only PO#: Qty Model/Option Description Monthly Ext Extended *****Recurring Services***** SVCO1SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $ 142.55 $2,565.90 1 SVC060AD ASTRO25 DISPATCH SITE 4 SVC062AD ASTRO25 OPERATOR POSITIONS �SVC01 SVC1102C DISPATCH SERVICE $27.31 $491.76 2 I SVC084AD ASTRO25 DISPATCH SITE IS NETWORK MONITORING SERVICE $72.24� $ 1,300.32 I 2 SVC049AD ASTRO25 DISPATCH SITE SVCO1SVC1410C ONSITE INFRASTRUCTURE RESPONSE $750.0 $ 13,501.44 2 SVC093AD ASTRO25 DISPATCH SITE 4 SVC095AD ASTR025 OPERATOR POSITIONS I I SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR Subtotal-Recurring Services $992.19 $ 17,859.42 PERFORMANCE DESCRIPTIONS Subtotal-One-Time Event $.00 $ .00 Services Total $992.19 $17,859.42 Taxes -Grand Total $992.19i $ 17,859.42 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAI.TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOITOROLA, Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT ELGIN IL CENTER MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CENTER-NETWORK MGMT D0067 MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CTR-CALL CENTER D0066 ANCOM TECHNICAL CENTER BURNSVILLE MN I received Statements of Work that describe the services provided on this Agreement Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. AUTHORIZED STOMER SIGNATURE TITLE DATE CUSTO I E) Customer Support Manager 4/11/2011 MOT LA R E N E IGaTtlF TITLE DATE Ga Range 612-490-3092 952-895-7801 MOTOROLA REPRESENTATIVE( RINT NAME) PHONE FAX • • • • • Service Terms and Conditions Motorola, Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1)maintenance, support, or other services under a Motorola Service Agreement, Or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. 'Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for uee in hazardous environments. Service Terms and Conditions.Rev 8.12.09.doc(CSA formatted) 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement;or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or darraged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogram ming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium,such as telephone lines, computer networks,the intemet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Cuslpmer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated iri this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four(24)hours per day, seven (7)days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed,with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes,sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement(except income, profit, and franchise taxes of Motorola) by any governmental entity. Service Terms and Conditions.Rev 8.12.09.doc(CSA formatted) Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other part)and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12)months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1)year after the accrual of the cause of action,except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein.' The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and Modify Service Terms and Conditions.Rev 8.12.09.doc(GSA formatted) this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties, Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performirg its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any Of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS,TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect, Service Terms and Conditions.Rev 8.12.09.doc(CSA formatted) 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes,material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates,to the extent applicable)following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current raiies. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the term*and conditions in effect at the time of the termination or expiration will apply to those Services and Cusibmer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Service Terms and Conditions.Rev 8.12.09.doc(CSA formatted) ADDENDUM A This Addendum A amends that certain Service Agreement dated May 12, 2010, entered into by and between City of Eden Prairie and Motorola, Inc., Contract Number S00001013903. 1. Definitions. The following definitions apply to this Appendix. 1.1 "Customer"means City of Eden Prairie. 1.2 "Motorola"means Motorola, Inc. 1.3 "Contract"means the contract or agreement that this Appendix is attached. 2. Section 8 Payment. Section 8, is amended by deleting the phrase "twenty (20) dayi and inserting"thirty(30) days." 3. Section 11 LIMITATION OF LIABILITY. Section 11 is amended in its entirety as follows: Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise,will be limited to the direct damages recoverable under law. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 4. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.1 is amended as follows: 13.1 Any information or data in the form of specifications, drawings, prints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, any non- public or private information or data to any person. Customer may not use confidential information or data itself for any purpose other than performing its obligations under this Agreement. Notwithstanding the foregoing, all information and data shall be subject to disclosure pursuant to the requirements of the Minnesota Government Data Practices:Act, Minn. Stat. § 13.01, et seq.. 5. Section 13 Proprietary Information; Confidential; Intellectual Property Rights. Section 13.2 is deleted in its entirety. 6. Audits. The books, records, documents, and accounting procedures and practices of Motorola, and its assigns and subcontractors, relevant to this agreement are subject to examination by Customer and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. In no circumstances will Motorola be required to create or maintain documents not kept in the ordinary course of Motorola's 1 business operations, nor, except as otherwise required by the Minnesota Government Data Practices Act, will Motorola be required to disclose any information, including but not limited to product cost data, which it considers confidential or proprietary to Motorola. 7. Worker's Compensation. Contracting Party represents that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to Customer upon execution of this agreement. 8. Discrimination. In performance of this contract, Motorola shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of Motorola, any subcontractor of Motorola, or any applicant for employment. Motorola shall include a similar provision in all contracts with subcontractors to this contract. Motorola further agrees to comply with all aspects of the Minnesota Human Rights Act,Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 9. Conflicts. No salaried officer or employee of Customer and no member of the Board of Customer shall have a financial interest, direct or indirect, in this contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 10. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 11. Contracting Party's Prompt Payment of Subcontractors. Motorola shall pay to any subcontractor within ten (10) days of Motorola's receipt of payment from Customer for undisputed services provided by the subcontractor. Motorola shall pay interest of one and a half percent (1 %2%) per month or any part of a month to a subcontractor orX any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Motorola shall pay the actual amount due to the subcontractor. 12. Limitation of Remedies In the event of a breach of the Contract by either party, nether party shall be entitled to recover punitive, special or consequential damages. 2 By signing this Addendum A the parties acknowledge that the above provisions become part of the Service Agreement. MOTORO • CITY OF EDEN PRAIRIE Attliffigdalik „or By iLlitaimws Aitz,41.41. By Its C mer S pport • a:er Its Mayor By Its City Manager 41) MOTIORQLA Statement of Work (SOW) for the City of Eden Prairie, MN Four position MCC7500 Dispatch Control Console with MS Overview This SOW is predicated upon a support contract with Motorola being in place for the 2010 calendar year for the entire MN Metro/ARMER Radio System. Given that,a number of services that we would normally recommend for your sub-system are covered under that agreement. This includes: Technical Support,Software Subscription Agreement and Pre-Tested Subscription Service. Equipment covered under this Statement of Work is as follows: • (4)Operator Positions CentraCom MCC7500 Control Console with AIS Service is being provided for the following supplemental support for your system given the above caveats: • Sub-System Network Monitoring for the AIS,NICE IP Logger and NICE Analog Logger. • Technician Dispatch for the MCC7500 Dispatch Equipment,AIS,NICE IP Logger and NICE Analog Logger.. • OnSite Infrastructure Response AnCom Technical Services for the MCC7500 Dispatch Equipment AIS,NICE IP Logger and NICE Analog Logger. • Infrastructure Repair with Advanced Replacement for the MCC7500 Dispatch Equipment and AIS. Network Monitoring,OnSite Infrastructure Response and Dispatch Service for the MCC7400 Dispatch Equipment,AIS NICE IP Logger and NICE Analog Logger. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for events,as set forth in the Monitored Elements Table.When the Motorola System Support Center(SSC)detects an Event,trained technologists acknowledge the Event,run remote diagnostic routines,and initiate an appropriate response.Appropriate responses could include,but are not limited to,continuing to monitor the Event for further development,attempting remote Restoral,or transferring the Event by opening a Case for dispatch of a Servicer.If dispatched,the Servicer will respond at the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On-Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein.The SSC maintains contact With the on-site Servicer until System Restoral occurs and Case is closed.The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process.This Case management allows for Motorola to provide activity and performance reports. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTRO25, SmartZone/OmniLink,Private Data,and 1 411) MOTOROLA Harmony Wireless Communications network types.The Connectivity Matrix set, forth in Appendix 1,further describes the Connectivity options. 2.2 If determined necessary by Motorola,provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements.If Motorola installs or replaces Motorola owned equipment,the type of equipment and location installed is listed in the Motorola Owned&Supplied Equipment Table. 2.3 If determined necessary by Motorola,provide Motorola owned equipment for monitoring SmartNet System elements.If Motorola installs or replaces Motorolai owned equipment,the type of equipment and location installed is listed in the Motorola Owned&Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Pate. 2.5 Continuously receive service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1. 2.7 Attempt remote Restoral,as appropriate. 2.8 Create a Case as necessary when service requests are received.Gather information to perform the following: 2.8.1 Characterize the issue 2.8.2 Determine a plan of action 2.8.3 Assign and track the Case to resolution. 2.9 Dispatch a Servicer,as required,by Motorola standard procedures and provide necessary Case information collected in section 2.8 2.10 Ensure the required personnel have access to Customer information as needed. 2.11 Disable and enable System devices,as necessary, for Servicers. 2.12 Servicer will perform the following on-site: 2.12.1 Run diagnostics on the Infrastructure or FRU. 2.12.2 Replace defective Infrastructure or FRU,as applicable.Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.12.3 Provide materials,tools,documentation,physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.12.4 If a third party Vendor is needed to Restore the System,the Servicer may accompany that Vendor onto the Customer's premises. 2.13 Verify with Customer that Restoration is complete or System is functional,if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration,the Case will be closed and the Servicer will be released. 2.14 Escalate the Case to the appropriate party upon expiration of a Response time. 2.15 Close the Case upon receiving notification from Customer or Servicer,indicating the Case is resolved. 2.16 Notify Customer of Case Status,as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.16.1 Open and closed;or 2.16.2 Open,assigned to the Servicer,arrival of the Servicer on site,deferred of delayed,closed. 2.17 Provide the following reports,as applicable: 2.17.1 Case activity reports to Customer. 2.17.2 Network Monitoring Service reports for Customer System(s). 2 MOT'OROtA 2.17.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink,and Private Data Systems only. 2.18 Respond in accordance to pre-defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.19 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1. Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2. Allow Motorola to access System if firewall has been installed;provide permanent/dedicated access for SNMP traps(outbound)and ZDS polling(inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types.The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 3.4. Unless otherwise specified,Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1,further describes the Connectivity options. 3.5. Provide Motorola with pre-defined Customer information and preferences prior tb Start Date necessary to complete Customer Support Plan. 3.5.1. Case notification preferences and procedure. 3.5.2. Repair Verification Preference and procedure. 3.5.3. Database and escalation procedure forms. 3.5.4. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6. Provide the following information when initiating a service request: 3.6.1. Assigned System ID number 3.6.2. Problem description and site location 3.6.3. Other pertinent information requested by Motorola to open a Case. 3.7. Notify the System Support Center when Customer performs any activity that impacts the System. (Activity that impacts the System may include,but is not limited to, installing software or hardware upgrades,performing upgrades to the network,of taking down part of the system to perform maintenance.) 3.8. Allow Servicers access to Equipment(including any Connectivity or monitoring equipment)if remote service is not possible. 3.9. Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10. Supply Infrastructure or FRU,as applicable,in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11. Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12. Maintain and store in an easily accessible location proper System backups. 3.13. Verify with the SSC that Restoration is complete or System is functional,if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3 0 MOTOROLA 3.14. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 3.15. Provide all Customer managed passwords required to access the Customer's System to Motorola upon request or when opening a Case to request service support or enable Response to a technical issue. Severity Definitions Table Severity Level Problem Types Severity 1 • Response is provided Continuously • Major System failure • 33%of System down • 33%of Site channels down • Site Environment alarms(smoke,access,temp,AC power)as determined by the SSC. • This level is meant to represent a major issue that results in an unusable system,sub-system,product, or critical features from the Customer's perspective.No Work-around or immediate solution is available. Severity 2 • Response during Standard Business Day • Significant System Impairment not to exceed 33%of system down. • System problems presently being monitored. • This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system,product,or major non-critical features from a Customer's perspective. Severity 3 • Response during Standard Business Day • Intermittent system issues • Information questions • Upgrades/preventative maintenance • This level is meant to represent a minor issue that does not preclude use of the system, sub-system,product,or critical features from a Customer's perspective.It may also represent a cosmetic issue, including documentation errors,general usage questions, recommendations for product enhancements or modifications,and scheduled events such as preventative maintenance or product/system upgrades. On-Site Response Time Table(Customer's Response Time Classification is designated in the Service Agreement). Severity Standard Response Restoral Off Deferral Level Time Severity 1 Within 4 hours from receipt of 8 hours Time provided by Notification,Continuously Servicer* Severity 2 Within 4 hours from receipt of 8 hours Time provided by Notification, Standard Business Day Servicer* 4 4sw MOTOROLA Severity 3 Within 24 hours from receipt of 48 hours Time provided Notification, Standard Business Day by Servicer* • Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. *Note:Provide update to System Support Center before Deferral time comes due. Monitored Elements Table (Listed by technology) System Type Equipment ASTRO 25(release 7.X) AIS,NICE IP Logger,NICE Analog Logger. Infrastructure Repair with Advanced Replacement for the MCC7500 Dispatch Equipment$nd AIS 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit,all of which are hereby incorporated into this Statement of Work(SOW)by this reference.Infrastructure may be repaired down to the Component level,as applicable,at the Motorola Infrastructure Depot Operations(IDO).At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair.If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor,Motorola may replace Infrastructure with similar Infrastructure,when possible. When available,Motorola will provide Customer with an Advanced Replacement unit(s)or FRU(s)in exchange for Customer's malfunctioning FRU(s).Non-standard configurations, Customer-modified Infrastructure and certain third party Infrastructure are excluded front Advanced Replacement service.Malfunctioning FRU(s)will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair.In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned,a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer,upon reque*t and subject to availability.The FRU will be of similar kit and version,and will contain like boards and chips,as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable,a standard default template will be used. 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 5 4;) MOTOROLA 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST,excluding holidays,FRU will be sent next day air via Federal Express Priority Overnight or UPS Red,unless otherwise requested.Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs,such$s NFO(next flight out).In such cases,Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer,provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDC)and the Customer will own the Advanced Replacement FRU. 2.4.3 When sending a Loaner FRU to Customer,IDO will not provide a return air bill for the malfunctioning Infrastructure.The Customer is responsible tq arrange and pay for shipping the malfunctioning Infrastructure to 1DO.I10 will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the natu}e of the problem. 2.7.2 Replace malfunctioning FRU or Components. 2.7.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications,as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. 2.8 Provide the following service on select third party Infrastructure: 2.8.1 Perform pre-diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF)to third party vendor for repair,when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service,when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post-test after repair by Motorola,original equipment manufacturer,or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9 Re-program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable,a standard default template will be used.If IDO determines that the malfunctioning Infrastructure is due to a Software defect,IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed,are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. ; 6 41) MOTORQLA 2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU.Motorola will return Customer's FRU(s)to IDO's FIRU inventory,upon completion of repair. 2.11 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1.FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs,such as NFO (next flight out).In such cases,Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center(SSC) and request an Advanced Replacement,or Loaner FRU and a return authorization number(necessary for all non-Advanced Replacement repairs)prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description,model number,serial number,type of System and Firmware version,symptom of problem and address of site location for PRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five(5)days of receipt of the Advanced Replacement FRU from IDO's FRU inventory,properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill,referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure.Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance,properly package Infrastructure and ship the malfunctioning FRU,at Customer's expense and risk of loss to Motorola.Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-damaged and in repairable condition.Cleary print the return authorization number on the outside of the packaging. 3.4 If received,Customer must properly package and ship Loaner FRU back to IDO II within five(5)days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 7 3 9 0 MOTOROLA 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached,the following items are excluded from Infrastructure Repair with Advanced Replacement: 4.1 All Infrastructure over seven(7)years from product cancellation date. 4.2 Physically damaged Infrastructure. 4.3 Third party Equipment not shipped by Motorola. 4.4 Consumable items including,but not limited to,batteries,connectors,cables,tone/ink cartridges. 4.5 Test equipment. 4.6 Racks,furniture and cabinets. 4.7 Firmware and/or Software upgrades. ASTRO®25 7.X Infrastructure Repair with Advanced Replacement Exhibit ASTRO®25 Infrastructure Inclusions,Exclusions,Exceptions and Notes for 1 Exhibit Infrastructure Repair Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers,combiners,tower top pre-amplifiers,antennas, cables,towers,tower lighting,and transmission lines Base Station(s)and Repeater(s) Includes Quantar, STR3000,GTR8000, GTR8000 HPD, IntelliRepeater,Network Management(Please refer to the SOW for details)is not available on all stations. Quantar high power booster power amplifier,power supply and control board Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub. Excludes Nice Logging Recorders Channel Bank(s) Includes Premisys,Telco, IMACS models 600, 800.Excludes Siemens Comparator(s) Includes Spectratac,Digitac,and ASTRO-tac 9600, GMC8000,Comparators. Computer(s)/Workstations/ Includes computers(Pentium I, II, III,IV)directly interface Modems with or control the communications System, including SiteLens and Systemwatch II,PT800 tablet HP x1100, HPx2100,HP xw4000-4600,HP VL600,HP VL800,ML850 laptop,MW800,ML900 laptop,Compaq XW4000.Includes keyboards Excludes all other laptop and desktop computer technologies and all 286,386,486 computers;defective or phosphor-burned cathode ray tubes CRT(s)and burned-in flat panel display image retention,mice and trackballs. Console(s) Includes consoles(Centracom Gold Series,Centracom Gold Series Elite,Centracom Gold Elite,CommandSTAR lite, MIP5000,MC1000,MC2000,MC2500,MC3000,MCC5S00) Includes headset jacks,dual footswitches, gooseneck microphones and Console Interface Electronics(CIE). Excludes Centracom I. Controller-trunking Includes SmartNet II prime and remote controllers,MTC3(i00, GCP8000, Site Controller PSC9600,CSC7000,MTC9600, MZC3600,MZC5000. Excludes SSMT and SCMS 8 411) MOTOROLA controllers.CD ROM Drive,Fan Tray Dictaphones and Recording Excludes all types and models. Equipment Digital Interface Unit(s) Included Digital Signaling Modem(s) Included upon modem model availability Digital Voice Modem(s) Included upon modem model availability Embassy Switch Includes AEB,AIMI,ZAIVIBI,AMB Keyload Variable Loader Included Logging Recorder Excluded NICE Management Terminals Includes computers(Pentium I, II, III,IV)directly interface with or control the communications System,including SiteLens and Systemwatch II.Excludes laptop computers*id all 286, 386,486 computers. MBEX(s)or NOVA Interconnect Included Microwave Equipment Excluded from service agreement but may be repaired on an above contract,time and material basis.All Equipment mutt be shipped to IDO.Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor-burned cathode ray tubes CRT(s)and burned-in flat panel displays image retention. Monitors not shipped by Motorola and/or cannot be confirch` ed by a Motorola factory order number. Moscad Only NFM(Network Fault Management),as part of communication System only,RTU, SDM Site Manager RTU. Standalone MOSCAD and System Control and Data Acquisition(SCADA)must be quoted separately,Excludee Fire alarming systems. Network Fault Management Includes Full Vision.Excludes NMC Packet Data Gateway Includes Non-Redundant,High Power Data Printer(s) Includes printers that directly interface with the communications System. RAS(s) Excludes RAS 1100, 1101 and 1102 i Receiver(s) Includes Quantar,MTR2000 and ASTRO-TAC,GTR8000 GTR8000 HPD Receivers.Excludes Fan Modules,Dual Circulator Tray, Site RMC Tray 9 0 MOTOROLA Routers Includes ST5500,ST5598,S2500-S6000 Servers Includes Netra 240,cPCI,HP DL360,HP ML370,hp ML1`10, hp TC2110,2120 Data Collection Device Server,HP InfoVista Server.IR8000 series,LX4000 series,Intel Server TSRL-T2,TIGPR2U,Proventia 201 Linux IDSS,Proventi$ GX4002C,Trak9100. Network Management Server includes cPCI Chassis,Power Supply,Fan Tray,Controller Hard Drive,CD ROM Drive, Tape Drive,CPU,Client PC's,Excluded Core security Management Server,Dell Servers,Firewall Servers,Intrusion Detection Sensor Server,Monitors,Memory Module 0182915Y02,Rear Fan RLN5352,Central Process Card 0182915Y01 Simulcast Distribution Included Amplifier(s) Site Frequency Standard(s) Includes Rubidium,GPS and Netclocks systems sold with the Motorola System. Switch Avaya Difinity PBX,S8300, S8500.Nortel Passport 7480, Cisco Catalyst 6509,HP 5308 LAN switch,HP ProCurve Switch 2524,2650,2626, 3Com PS40, SS1100 Universal Simulcast Controller Included Interface(s) UPS Systems Excluded from service agreements but may be repaired on an above contract,time and material basis.All UPS Systems must be shipped to MO for repair.Excludes any on-site services.Excludes all batteries. Workstation Included Customer Support Manager 1.0 Description of Services The Motorola Customer Support Manager(CSM)dedicated to the MN Metro/ARMER System will provide coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The duties include overseeing the execution of your maintenance support contract by serving in the role of customer advocate. This involves serving as the point of contact for issue resolution and escalation,monitoring our contractual performance,providing review and analysis of process metrics and fostering a relationship for continuous improvement with customers like Ramsey County. Your existing Customer Support Plan(CSP)will be revised to contain everything you need to know to take advantage of the services provided in the contract. This support plan war designed to help transition from the pre-sales,staging,and installation phases to the delivery of life cycle support services for your system. Motorola supports your communication system with several expert service groups,each performing a specific function and working together to provide you with fast response and quick closure to issues. 10 0 MOTOROLA SERVICE AGREEMENT Attn:National Service Support/4th fl Contract Number: S00001018255 1301 East Algonquin Road Contract Modifier. Schaumburg,IL 60196(800)247-2346 Supercedes Agreement(s): Date:04/11/2011 Company Name: Eden Prairie Fire Dept,City Of Required P.O.: No Attn: Customer#: 1036447929 Billing Address: 14800 Scenic Heights Rd Bill to Tag#: 0001 City, State, Zip: Eden Prairie, MN 55344 Contract Start Date: 05/01/2011 Customer Contact: Mark Vandenberghe Contract End Date: 10/31/2012 Phone: (952)949-8368 Anniversary Day: Apr 30th Fax: Payment Cycle: IMMEDIATE Tax Exempt: Pays State Only PO#: City Model/Option Description Monthly Ext Extended *****Recurring Services***** SVCO1 SVC2011 C SP-DISPATCH SERVICES $ .01 $ .18 1 SITE(S) VCO2SVC0126A SP-NICE GOLD-LITE PACKAGE $810.0 $ 14,581.08 1 I SITE(S) I SPECIAL INSTRUCTIONS-ATTACH STATEMENT OF WORK FOR Subtotal-Recurring Services $810.07r $ 14,581.26 PERFORMANCE DESCRIPTIONS Subtotal-One-Time Event $ .00 '$ .00 Services Total $810.07 $14,581.26 Taxes - Grand Total $810.07 $ 14,581.26 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCALTAXING JURISDICTIONS WHERE APPLICABLE.TO BE VERIFIED BY M9TOROLA. Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT SCHAUMBURG IL CTR-CALL CENTER D0066 NICE SYSTEMS INC RESTON VA I received Statements of Work that describe the services provided on this Agreement.Motorola's Service Terms and Condklons,a copy of which is attached to this Service Agreement,is incorporated herein by this reference. AUTHORIZED IJSTO R SIGNATURE TITLE DATE GUSTO r .1 ,j - y `� op.��4(411 Customer Support Manager 4/11/2011 S� . MOT •LA ' - TIV. (SIGNATURE) TITLE DATE Gary Range 612-490-3092 952-895-7801 MOTOROLA R' 'RESENTATIVE(PRINT NAME) PHONE FAX Service Terms and Conditions Motorola, Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to (1) ma intenance, support, or other services under a Motorola Service Agreement, or (2) either CustomerPP installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the"Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. Service Terms and Conditions.Rev 8.12.09.doc(CSA formatted) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 3011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Rob Reynolds, Police Chief Master Joint Powers Agreement with Police Minnesota Internet Crimes Against Children Task Force (MICAC) Requested Action Move to: Adopt the resolution approving the joint powers agreement which will establish a relationship between the City of Eden Prairie and the Minnesota Internet Crimes Against Children Task Force (MICAC). Synopsis The MICAC Task Force is funded though the Department of Justice and is one of the sixty task forces in the United States that work to provide timely and integrated responses to internet- related issues that might involve the exploitation of children. The program has six objectives: 1. Identify and rescue children being exploited by sexual predators. 2. Reactive investigations regarding technology-based exploitation of children 3. Proactive investigative efforts to identify child sexual predators 4. Public outreach and education regarding the safe use of technology by our children 5. The analysis of computer-related evidence 6. Building capacity through partnerships with other law enforcement agencies, prosecuting attorney, probations, educators, faith bases, etc. Once the enclosed resolution is signed by the Eden Prairie governing body, the document will allow Chief Reynolds to sign all future Joint Powers Agreements with the MICAC Task Force. Attachments Resolution Joint Powers Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2011- RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS,the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Internet Crimes Against Children Task Force which works to provide timely and integrated responses to internet-related issues that might involve the exploitation of children. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the Joint Powers Agreement are attached to this Resolution and made a part of it. 2. That the Chief, Rob Reynolds, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the MICAC Task Force. To assist the Authorized Representative with the administration of the agreement,James DeMann, Deputy Chief is appointed as the Authorized Representative's designee. 3. That the Attorney, Patrick Leach, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the MICAC Task Force. To assist the Authorized Representative with the administration of the agreement, Thomas F. DeVincke, Attorney is appointed as the Authorized Representative's designee. 4. That Nancy Tyra-Lukens,the Mayor for the City of Eden Prairie, and Kathleen Porta,the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. ADOPTED by the City Council on May 3,2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk MINNESOTA DEPARTMENT OF PUBLIC SAFETY 4R ,i•�U Bureau of Criminal Apprehension Ail 1430 Maryland Avenue East • Saint Paul, Minnesota 55106-2802 ,,, 4� ��bF MtiS1�s°t Phone; 651.793.7000• Fax. 651.793.7001 •TTY: 651.282.6555 1 www.dps.state.mn.us/hca/ , April 4, 2011 Alcohol Eden Prairie Police and GamblingDepartment Enforcement Lt. Greg Weber ARMER/a11 8080 Mitchell Road Program Eden Prairie, MN 55344 Bureau of Criminal Apprehension Dear Lt. Weber; Driver and Vehicle Services Welcome to the Minnesota Internet Crimes Against Children Task Force (MICAC). HomelandYour agency has joined over eighty law enforcement agencies throughout the state of Security and Minnesota who have made the formal commitment to protect our children from Emergency exploitation by on-line sexual predators. Management Minnesota The MICAC Task Force is funded through the Department of Justice and is one of State Patrol sixty task forces in the United States that work to provide timely and integrated Office of responses to internet-related issues that might involve the exploitation of children. Corn munications Office of The Justice Department's 'CAC program has six objectives: Justice Programs Office of 1, Identify and rescue children being exploited by sexual predators Traffic Safety 2. Reactive investigations regarding technology-based exploitation of children State Fire 3, Proactive investigative efforts to identify child sexual predators Marshal and 4_ Public outreach and education regarding the safe use of technology by our Pipeline Safety children 5. The analysis of computer-related evidence 6_ Building capacity through partnerships with other law enforcement agencies, prosecuting attorneys, probations, educators, faith bases, etc. Our goal is to support your agency's initiatives against internet crime and related issues in your community. ,,,.... LBCA EQUAL OPPORTUNITY EMPLOYER MINNESOTA DEPARTMENT OF PUBLIC SAFETY Bureau of Criminal Apprehension j 143{)Maryland Avenue East • Saint Paul, Minnesota 55106-2802 Phone: 651.793.7000 ■Fax: 651.793.7001 •11'Y: 651.282.6555 OFMyrith? www.dps.state.mn.usfbcaf Enclosed you will find three copies of the Joint Powers Agreement (JPA) from the State of Minnesota. The agreements must be signed by a representative of your jurisdiction's governing body, i.e., designated city council member, city manager, Alcohol county commissioner, etc. All three copies must be signed and returned to the and Gambling Bureau of Criminal Apprehension (BCA). Enforcement ARMER/911 Upon final review and approval of the signed agreements, the Bureau of Criminal Program p pp 9 Apprehension (BCA) will return a copy of the approved and signed Joint Powers bureau of Criminal Agreement (JPA) to your agency. Apprehension Driver and We have enclosed a resolution example guide to assist your agency in obtaining the Vehicle Services correct authorized signatures for the Joint Powers Agreement. Once it is approved by Homeland a member of your governing body, the document will allow you to sign all future Joint Security and Emergency Powers Agreement (JPA's), with the MICAC Task Force. Management Minnesota Please note that the current MICAC federal grant cycle expires on May 31, 2011. State Patrol The State of Minnesota requires that the JPA correspond to the annual federal Office of grant cycle. Therefore, the JPA that is attached to this letter will also expire on Communications May 31, 2011. You will receive a new JPA for the 2011-2012 ICAC grant cycle Office of Justice Programs prior to June 1, 2011. Office of Traffic Safety If you have any questions or concerns, please do not hesitate to call me or State Fire Commander Cheung. Again, welcome to the Minnesota Internet Crimes Against Marshal and Children Task Force. Pipeline Safety Regards David Bjerga Acting Superintendent Minnesota- CA } Mnna7,WBcA Don id heung gJIPIGM�f1G1 PQNISMW MICAC Commander Minnesota BCA Enclosures (4) DC/so EQUAL OPPORTUNITY EMPLOYER r � Contract No. DPS-M-0716 Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Joint Powers Agreement This Multi-Agency Law Enforcement Joint Powers Agreement,and amendments and supplements thereto, ("Agreement")is between the State of Minnesota,acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension("Grantee"),empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, Subd. 10& 12, and City of Eden Prairie, acting through its Eden Prairie Police Department located at 8080 Mitchell Road, Eden Prairie, MN 55344, ("Undersigned Law Enforcement Agency"), empowered to enter into this Agreement pursuant to Minn. Stat. § 471.59, subd. 10, Whereas,the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas,the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal,civil,and forfeiture actions against identified violators, as appropriate; and Whereas,the Grantee is the recipient of a federal grant(attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations;and Whereas,the OJJDP Internet Crimes Against Children("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients; and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald Cheung as the Commander of the Minnesota ICAC Task Force. Now Therefore,the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves,authorizes, and enters into this Agreement with the purpose of implementing a three-pronged approach to combat Internet Crimes Against Children: prevention,education and enforcement; and 2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Program Standards contained in Exhibit B attached to this Agreement,in addition to complying with applicable Minnesota state and federal laws in the performance of this Agreement,including conducting undercover operations relative to ICAC, ; a list of Regional ICAC Task Force, Minnesota State Affiliate Agency and Training&Technical Assistance Page 1 of 5 Contract No. DPS-M-0716 Program contact information is contained in Exhibit C attached to this Agreement; and 3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and 4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The Grantee's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01 - 466.15, and other applicable law; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed and directly supervised by the same Law Enforcement Agency employer which currently employs the member performing Minnesota ICAC Task Force assignments; and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore,are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer's fringe benefits; and 6. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests. Approved reimbursement will be paid directly by the Grantee to the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with payment made out to the City of Eden Prairie and mailed to the Eden Prairie Police Department, 8080 Mitchell Road, Eden Prairie, MN 55344. 8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention,education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP. In addition,under Minn. Stat. § 16C.05, subd. 5, the Undersigned law Enforcement Agency's books,records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota State Auditor or Legislative Auditor,as appropriate, for a minimum of six years from the end date of this Agreement; and 10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and Page 2 of 5 Contract No. DPS-M-0716 11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System(CPPS) pursuant to the OJJDP guidelines; and 12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment that was acquired through OJJDP grant funding; in the event that future federal funding is no longer available,the Undersigned Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the State of Minnesota Department of Public Safety, or the Undersigned Law Enforcement Agency breaches the Agreement. 13. That the Grantee may reimburse,the Undersigned Law Enforcement Agency for the following duties: A. Investigations by the Undersigned Law Enforcement Agency under this agreement should be conducted in accordance with the OJJDP ICAC Task Force Program Standards contained in Exhibit B, and concluded in a timely manner. The Undersigned Law Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive of fringe benefits of actual hours andlor actual expenses incurred related to performing Minnesota ICAC Task Force assignments andlor training approved by the Minnesota ICAC Task Force Commander through the term of this agreement or until all Federal funds under the OJJDP grant have been expended,whichever comes first. B. The Grantee has a TOTAL Expense Budget of$320,000.00 that was approved under the OJJDP Internet Crimes Against Children("ICAC") Grant for investigative hours and expense reimbursement. The Undersigned Law Enforcement Agency participating in the Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual costs as defined in Clause 13, Section A.,to the extent such actual costs have been reviewed and approved by the Minnesota ICAC Task Force Commander. 14. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at any time,with or without cause, upon 30 days' written notice to the other party. 16. Terms of this agreement: This Agreement shall be effective on the date the Undersigned Law Enforcement Agency obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in effective through May 31,2011 unless terminated or canceled. Upon the effective date of this Agreement, the Undersigned Law Enforcement Agency will be entitled to reimbursements approved by the Grantee dating back to September 13,2010 for Page 3 of 5 Contract No. DPS-M-0716 overtime salary including fringe benefits, equipment, training and expenses to the extent Grantee has available funds to pay such and they have been approved consistent with Clause13, Section B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. 1. Undersigned Law Enforcement Agency Undersigned Law Enforcement Agency certifies that the appropriate person(s)have executed the Agreement on behalf of the Undersigned Law Enforcement Agency and its jurisdictional government entity as required by applicable articles,laws,by-laws,resolutions,or ordinances. By and Title Date Undersigned Law Enforcement Agency Title: Date City of Eden Prairie Title: Date City of Eden Prairie Mayor or Board Chair Date City of Eden Prairie 2. Department or Public Safety, Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) Date Page 4 of 5 Y Contract No. DPS-M-0716 3. Commissioner of Administration By and Title Date MN Department of Administration (With delegated authority) Page 5 of 5 E ,cM=g= ,- Department of Justice 4 1; Office oflustice Programs Office of the Assistant Attorney General Washington,D.C. 20531 September l3,2010 Mr.Eric Knutson Minnesota Department of Public Safety 1430 Maryland Avenue East St.Paul,MN 55106-2802 Dear Mr.Knutson: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 10 Internet Crimes Against Children Task Force:Minnesota in the amount of $320,000 for Minnesota Department of Public Safety. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Will Bronson,Program Manager at(202)305-2427;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.oefo@usdoj.gov. usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures EXHIBIT B Minnesota ICAC Task Force (Internet Crimes Against Children) Policy Statement Policy Purpose: The purpose of this policy is to establish responsibilities and guidelines regarding the Minnesota Internet Crime Against Children task force response to reports of exploitation of children, and the possession and distribution of child pornography using computers. Policy Statement: It shall be the policy of the Minnesota ICAC task force to adhere to strict guidelines with respect to investigations of computer related child exploitation. The standards adopted pursuant to this policy mirror those prescribed by Office of Juvenile Justice and Delinquency Prevention (OJJDP) Internet Crimes Against Children (ICAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of Investigations (FBI), U.S. Customs, and the U.S. Postal Inspector's Office. Definitions: A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation and prosecution of a known target(s), and where the need to proceed with the investigation is urgent. It also includes a response within the community or area of jurisdiction to a specific complain brought to the departments attention by another law enforcement agency, a reputable source of information such as the Cyber-Tipline at the National Center for Missing & Exploited Children or a large Internet Service Provider. The department must also respond to complaints made by citizens, schools, libraries, or businesses who believe illegal material has been transmitted or potentially dangerous situations, such as child lure attempts have been communicated through the Internet. The term Internet Crimes Against Children (ICAC) includes both proactive and reactive investigative activities as outlined above. An investigation is deemed to be urgent when there is a reasonable belief that the target presents an imminent threat to the well being of another person. liPage EXHIBIT B Procedures: Work space and Equipment Internet Crimes Against Children (ICAC) computers and software shall be reserved for the exclusive use by department designated ICAC personnel. When possible, undercover computers, software, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all software shall be properly acquired and licensed. All ICAC online investigations shall be conducted in government work space as designated by the department. Care Predication and Prioritization Cases may be initiated by referrals from the CyberTipline, Internet Service Providers, or other law enforcement agencies, and by infounation gathered through subject interviews, documented public sources, direct observations or suspicious behavior, public complaints, or by any other source acceptable under current department policy. ICAC Supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the infounation is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale was established by the ICAC Task Force Review Board and will apply to the assignment of cases within the department: 1. A child is at immediate risk of victimization; 2. A child is vulnerable to victimization by a known offender; 3. Known suspect is aggressively soliciting a child(ren); 4. Traders of images that appear to be home photography with domiciled children; 5. Aggressive, high volume child pornography traders who either are commercial distributors, repeat offenders, or specialized in sadistic images; 6. Traders and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as operates as a criminal conspiracy; 7. Traders in previously known images; 8. Traders in digitally altered images. Record Keeping ICAC investigative units shall be subject to the existing agency incident reporting procedure and case supervision systems. Investigators will obtain a case number at the outset of each case and fully document their activities through the completion of initial and supplemental reports. 2IPage EXHIBIT B Reports will be completed and reviewed by a supervisor in a timely fashion. Investigation and case management activities will occur in accordance with existing departmental policies and procedures. Closeout reports with indicate the manner in which a case has been resolved with copies forwarded to the prosecutor's office and/or the law enforcement agency continuing the investigation when applicable. Undercover Investigations Carefully managed undercover operations conducted by well-trained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and ethical considerations because of concern that inappropriate government conduct may induce an otherwise innocent citizen into committing a crime. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators shall avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shocking or offensive to notions of fundamental fairness as described in applicable case law. Officers should always be aware that their actions, in addition to those of the offender, may be at issue in deciding if charges are brought, whether referrals to other law enforcement agencies are acted upon, and in determining the guilt or innocence of the offender at trial. Therefore, it is critical that this task force work closely with local prosecutors when investigating ICAC offenses. Accordingly, the following minimum standards apply to undercover investigations by the task force: a) Only sworn on-duty ICAC Task Force personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC Task Force personnel shall not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no human images shall be uploaded, transmitted, or forwarded by ICAC Task Force personnel. d) Other than authorized above, images considered for uploading shall be approved by the ICAC Task Force Project Director and reviewed by a local prosecutor. Images EXHIBIT B uploaded for investigative purposes shall be nonhuman and encrypted. Sexually suggestive titles shall not be used. e) During online dialogue, undercover officers should allow the investigative target to set the tone,pace, and subject matter of the online conversation. Image uploading shall be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Commander. The storage, security, and destruction of investigative infoniiation shall be consistent with agency policy. At a minimum, infoinuation should be maintained in locked cabinets and under the control of ICAC Task Force personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that forensic examinations of computers and related evidence are conducted by qualified personnel that have received specific training in computer forensics. Information Sharing Conventional boundaries are virtually meaningless in the electronic world of the Internet and the usual constraints of time, place, and distances lose their relevance. These factors increase the possibility of ICAC Task Forces targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, OJJDP requires that each ICAC Task Force contribute basic case information to a common database. Federal Guidelines have been established through the Department of Justice's ICAC Task Force Infoinuation Sharing Working Group. The OJJDP Task Force Review Board reviewed, modified, and adopted the below infoniiation sharing system and procedures. The St. Paul Task Force will comply with these guidelines. 1. Task Force investigators shall contribute basic infoniiation and case updates on all cases (local, interstate, re-active and pro-active) to a Case Deconfliction System. Currently, there are three deconfliction systems being used by ICAC Task Forces around the country. They are CPS (Child Protection System), ICAC Cops (foinuerly Roundup), and Gridcop (Wyoming ICAC system). Task force members conducting pro-active or re- active investigations must adopt one of the deconfliction systems mentioned above. 41Page EXHIBIT B 2. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information c) Telephone number for verification purposes d) Date of submission e) Brief synopsis of investigation f) Offender screen name(s) g) Identifiers (URL, FTP,Newsgroup, IP Address) h) True name of suspect (if known) i) Other suspect information (if known) j) Undercover officer screen name(s) 3. Case update information shall include, but is not limited to: a) Submitting Task Force b) Person submitting infoiuiation c) Telephone number for verification purposes d) Date of submission e) Date investigation initiated f) Identity of subject(s) including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, search warrant, conviction, etc.) h) Sentencing information(when available) 4. Each investigator working with the ICAC task force will sign up for access to an ICAC Deconfliction System. Infoiuiation on how to gain access will be provided by the unit commander. 5. Each investigator shall query the Deconfliction System once they have established an investigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of activities that is likely to lead to the sexual exploitation of a child. Assuming no other active investigations are discovered and that reasonable suspicion is present to initiate an investigation, the agency will submit case information to Wyoming ICAC Deconfliction System. Each Task Force should submit this information within 24 hours of initiating the case or as soon thereafter as possible. 6. If any duplication is found, the initiating investigator is responsible for contacting the other law enforcement agency. 5IPage 1 EXHIBIT B Supervision 1. Existing departmental supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover investigators. Written directives will reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. 2. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigative reports; b) periodic review of undercover session recordings; c) direct participation in formulating ICAC Task Force investigative plans and establishing investigative priorities; d) development of work schedules including approval of specific overtime expenditures; e) assessment of equipment and training needs; and, f) review and approval of any ICAC Task Force fiscal matters. Selection of ICAC Task Force Personnel While existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony skill, ability to handle sensitive information prudently, and a genuine interest in the protection of children. Task Force members should be computer literate, knowledgeable regarding child exploitation issues, and be familiar with Federal and State statutory and case law pertaining to ICAC investigations. Prevention and Education Activities Prevention education activities are a critical component of the Minnesota ICAC Task Force Program. Supervisors and investigators are expected to develop and lead prevention programs to foster awareness and provide practical,relevant guidance to children,parents, educators, librarians, and other individuals concerned about child safety issues. However, these presentations shall not depict identifiable victims nor shall they use pornographic or sexually explicit images. Presenters shall not discuss investigative techniques. Media Relations and Releases Copies of media releases related to this initiative will be forwarded through the ICAC Unit Commander to the Public Information Office for dissemination. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activities and circulated within the Review Board. 6IPage EXHIBIT B Media releases relating to prosecutions, crime alerts or other matters concerning ICAC Task Force operations shall not include infoiiiiation regarding specific investigative techniques and should be coordinated (when applicable)with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relations practices. In each case, copies should be provided to OJJDP in a timely manner. 7IPage CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Office of the City Manager Proclamation Recognizing Central Middle School Paraprofessionals Requested Action Move to: Approve the proclamation recognizing Central Middle School Paraprofessionals. Synopsis The Eden Prairie Women of Today club is hosting a recognition event for the CMS Special Education Paraprofessionals on May 5. The proclamation will be presented to the Paraprofessionals at the event. Attachments Proclamation cPqocQ 944 q70w RECOGN7ZING CENTRAL IliIgXLE SCOOOL'S SPECIAL X )CATION PA .A 11 O E SSIONALS City of Eden Prairie .-fennepin County, Minnesota WHEREAS, there are 29 special education paraprofessionals at Central Middle School; and WHEREAS, these paraprofessionals work with special education students with wide variety of disabilities one-on-one to prepare them for integration into general education classes; and WHEREAS, these paraprofessionals coach students in social skills and use a number of assistive technologies to help each student become an independent learner; and WHEREAS, the contributions these paraprofessionals make toward the success of special education students at Central Middle School are essential, NOW,THEREFORE, the Eden Prairie City Council proclaims May 5, 2011, as Central Middle School Special Education Paraprofessional Day. Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.E. Office of City Manager Agreement with HealthPartners for Employee Karen Kurt, Human Resources Health Insurance Manager Requested Action Move to: Approve the Letter of Agreement with HealthPartners for employee health insurance. Synopsis The City issued a request for proposals for employee health insurance coverage effective June 1, 2011, through May 31, 2012. Medica, Blue Cross Blue Shield and HealthPartners submitted qualified proposals. Proposed rate increases in the proposals ranged from 14-24%. City staff worked with CBIZ (health insurance consultants) and an employee benefit committee in selecting HealthPartners as the best proposal. After making additional changes to the benefit structure, the final rate increase for the 2011-12 benefit year will be 10.4%. HealthPartners is extending a rate cap guarantee of 11% for the 2012-13 benefit year. City staff also worked with CBIZ and the employee benefit committee to outline changes for the upcoming benefit years. Those changes include the introduction of an employee contribution towards single coverage for the City's base health insurance plan in the 2012-13 benefit year and moving all employees to deductible plan coverage in the 2013-14 benefit year. Attachment Letter of Agreement HealthPartners and the City of Eden Prairie LETTER OF AGREEMENT HealthPartners and City of Eden Prairie HealthPartners, Inc. (hereafter referred to as "we", "us", or "our") agrees to provide for the period of June 1, 2011 ("Effective Date")through May 31, 2013,the health plan coverage as is described in the proposal received from us by City of Eden Prairie (hereafter referred to as "you", or"your") on February 18, 2011. This Letter of Agreement("Agreement") applies to the initial 12-month term of coverage and one 12-month renewal terms, for a total rate guarantee period of 24 months. The benefits offered will be the equivalent of what is currently described below. The monthly base rates for the initial 12-month term effective June 1,2011 are: $1000-80%VEBA $30-80% Select $30-80% OA Employee $578.86 $610.03 $678.17 Employee+1 $1,157.72 $1,220.05 $1,356.36 Family $1,374.79 $1,448.82 $1,610.67 These rates will increase by the lesser of 12% or the standard HealthPartners renewal calculation need, for the 12-month renewal term period beginning June 1, 2012. We guarantee that these rates will hold for the duration of this Agreement,with the following exceptions: • The actuarial value of any new or increased premium taxes, assessments, other taxes, or changes in eligibility or benefits mandated as a result of healthcare reform legislation (including but not limited to the Patient Protection and Affordable Care Act enacted on March 23, 2010) or other plan terms or conditions required to be changed by law,may be added above and beyond the increase limit above. • Any enrollment change of more than 10% from the initial enrollment due to merger, acquisition, sale, or other reason will allow us the opportunity to revise this rate guarantee. • In the event the product initially sold is no longer being offered, the program that most closely resembles the initial product in terms of benefits will be offered at the renewal with appropriate actuarial values of any changes added to or subtracted from the increase above. • If additional HealthPartners products are introduced that include a deductible, the guarantees for those products will be adjusted to reflect leveraged trend. For example, if a $1,000 deductible plan is introduced alongside a copay plan, the guarantee will be adjusted to reflect the leveraging factor for a $1,000 deductible. Deductible plans include but are not limited to: HSAs, HRAs, VEBAs, and 105 plans. • HealthPartners may terminate this Agreement if we are unable to perform our obligations as a result of events beyond our reasonable control, including, but not limited to, acts of God, natural disaster, war, pandemic, or destruction of service facilities. • HealthPartners is offering a 1% reduction on the guarantee level if JourneyWell HealthyBenefits Package D is implemented by the employer during the initial 12 month term and continued for the duration of this agreement. All HealthPartners enrolled employees will be offered the opportunity to participate in this program. HealthPartners has entered into this two-year rate commitment within the context of establishing a long-term relationship. We will release a standard HealthPartners renewal calculation at the end of each contract period. In exchange for our rate guarantee, you must remain directly contracted with us on a fully insured basis as the only carrier offered to your employees through this or any other medical benefit offering. You further agree not to seek coverage through another carrier for the duration of the Agreement. In the event you cancel before the completion of the Agreement or otherwise fail to complete the terms of this Agreement, a risk charge in the amount of 8% of annual premium will be assessed. In the event State or Federal law requires you to terminate the contract HealthPartners may waive some or all of the risk charge. :il h: HealthPartners 1} page 1 of 2 You agree to comply with the HealthPartners' contribution and participation requirements and maintain the current employer contribution strategy and plan offerings for the duration of this Agreement. If these contribution or participation requirements are not met, HealthPartners has the option to cancel this agreement. You acknowledge that this Agreement is subject to all the terms and conditions of the Master Group Contract, which will be issued to you upon acceptance of your application for coverage. In order for this Agreement to be valid, it must be signed and returned to HealthPartners within 6 months after the group's initial effective date. If it remains unsigned for six or more months, it is null and void. If this agreement is not signed and returned within 30 days after the initial effective date, then the rate increase caps will be increased by 1%for each month thereafter. The parties to this Agreement agree to proceed with the steps necessary to ensure a successful implementation of this program. City of Eden Prairie HealthPartners,Inc. Signature to Accept Date Douglas N. Smith Date Senior Vice President, Sales and Account Service I have read and understand the above agreement however;I am declining the rate guarantee. (Print Name) (Signature) Date :i�h: HealthPartners,' page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Lisa Wu, IT Award contract to Vision Internet Providers, Joyce Lorenz, Inc. for redesign and hosting of the City's website Communications Requested Action Move to: Award the contract for redesign and hosting of City's website to Vision Internet Providers, Inc. in the amount of$37,150. Synopsis In January the City issued an RFP to redesign the website. Requirements for responding vendors included criteria such as: • Having at least five (5) years of government website development experience. • Having completed at least 100 successful government website implementations. • Capability to provide complete hosting, maintenance and support for at least 50 similar sized cities. Two qualified vendors responded t o the RFP with very similar bids, and after evaluating both and which would best fulfill the City's website needs, Vision Internet Providers, Inc. was chosen as the preferred bid. The potential vendors were asked to provide responses that included both design work—includes overall look and feel, and navigation—and a user-friendly content management system. Specific goals for the project include: • Create a cutting edge website that reflects the City of Eden Prairie's forward-thinking and progressive image. • Provide a ccurate, c urrent, c omprehensive i nformation t o a 11 a udiences, i n a vi sually appealing,user-friendly way. • Make it easier for audiences to interact with the City. • Move t ransactions onl Me t o pr ovide c onvenience f or us ers a nd c onvenience a nd efficiency for the City. • Provide round-the-clock access to City information and transactions. • Reduce staff time to handle routine inquiries. • Market and showcase the City. • Comply with Section 508 of the Rehabilitation Act of 1973 in all areas. • Offer a variety of communication methods to keep audiences up-to-date, examples could include email notifications, SMS text messages, RSS feeds and Gov 2.0 interaction. Website Redesign Contract May 3, 2011 Page 2 • Promote the use of on-site media through photo, audio and video posting methods that encourage user viewing and, when appropriate, feedback and interaction. • Simplify website a dministration, a llowing u sers of a 11 s kill levels th e opportunity and means to update assigned sections of the website. • Build upon pr oven and accepted w ebsite development standards while maintaining the flexibility to easily grow and add new functionality for audiences and administrators over time and with minimal cost. Background The current City website was designed internally and has been in place for more than five years. Based on response data from the past three Quality of Life Surveys, the ability and desire of our residents to receive information electronically has greatly increased. Given this feedback, the high costs for printing and mailing, and reduced budgets, the website has become the cornerstone of the City's marketing and communications efforts. To date, there are more than 9,500 subscribers who receive CITY NEWS email updates and more than 2,500 fans w ho pa rticipate i n c onversations on t he C ity's Facebook pa ge. T hese in itiatives h ave resulted in an average of nearly 30,000 visits to the City website each month in 2010, more than double what it was just four years ago. Although it h as been possible to add o n new t echnologies over the p ast few years using the website design and platform created in 2006, which is supported and hosted by the IT Division, a complete r edesign and new c ontent m anagement s ystem a re now i n or der. B y doi ng s o, IT staffing resources will be better aligned, the City will be able to more effectively and efficiently market i is r evenue-generating op erations, s uch as E den P rairie Liquor a nd t he C ommunity Center, and the website will be more visually appealing, flexible and functional. Attachments Eden Prairie RFP for Website Redesign Vision Internet Providers, Inc. Contract Website Development and Maintenance Services Terms and Conditions 1. These Terms and Conditions, and any attachment signed by the parties attached hereto, represent the complete agreement and understanding ("Agreement") between Vision Internet Providers, Inc., a California corporation ("Contractor"), and the City of Eden Prairie, Minnesota("City"), and supersedes any other written or oral agreement with regard to the website development services provided for herein. Any modification of this Agreement is valid only if the modification is in writing and signed by both Parties. City and Contractor are sometimes individually referred to as"Party"and collectively as"Parties." 2. This Agreement and all discussions regarding City website development shall be treated as confidential and shall not be disclosed to parties other than representatives of Contractor and the representatives of City. It is agreed that designees of City, Joyce Lorenz and Lisa Wu will be project managers,with decision making authority on behalf of City, for purposes of this Agreement. 3. Contractor agrees to perform Website Development as described in "Attachment A" at a price of$37,150. (a) City agrees to pay Contractor as follows: (i) An initial payment equal to 20%of the total cost; (ii) A payment equal to 20% of the total cost upon City approval of the homepage wireframe; (iii) A payment equal to 20% of the total cost upon City approval of homepage design comp; (iv) A payment equal to 20% of the total cost upon implementation of the Vision Content Management System on a Contractor's server; (v) A payment equal to 20% of the total cost upon completion of the website and City approval. (b) Method of Payment. The Contractor shall submit to the City an itemized invoice for services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: (i) Progress Payment. For work reimbursed on an hourly basis, the Contractor shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the 1 City's Initials Contractor's Initials contract. (ii) Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 4. Ownership of Documents and Data. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. Notwithstanding anything to the contrary in any of the agreement documents, City understands and agrees that Contractor shall retain all right, title, and interest to the Vision Content Management SystemTM (also known as the Vision Internet Content Management System, VCMT, VCMS and the Vision Content Management Tool), and Dynamic and Interactive Components 5. The City will host its website. If the City chooses to hire Contractor to host its website, Contractor will provide for one unique domain, monthly website hosting and database hosting on a shared server ("Hosting") for a period of twelve months commencing on the date of the website launch. Hosting will be billed to City at the rate of$200 per month for a period of twelve months ("Initial Term"). With respect to the Initial Term, unless one party has given written notice to the other party of its intent not to renew this Agreement at least thirty (30) days prior to expiration of the Initial Term, this Agreement will continue in effect on a month-to- month basis thereafter until one party gives written notice to the other of its intent not to renew this Agreement at least thirty (30) days prior to the expiration of any renewal term. If the Term of this Agreement is extended or renewed in accordance with the foregoing, all of the terms and conditions of this Agreement shall continue, unmodified, in full force and effect,until the end of the last applicable renewal or extension Term. 6. Contractor shall provide at no charge, monthly website maintenance and updates ("Maintenance") for up to five hours each month for a period of three months commencing on the date of the website launch. Maintenance beyond five hours per month in the first three months is optional. Optional services and maintenance after the first three months are considered Extra Work as described in Paragraph 7. 7. Additional services not covered in this Agreement and extra hours will be presented to City for approval prior to commencement of work ("Extra Work"). Any changes in the scope of the work which may result in an increase in the compensation due to Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 2 City's Initials Contractor's Initials Extra Work will be billed at Contractor's prevailing hourly rates, which are currently as follows: Content Migration, $85/hr; Graphic Production, $95/hr; Quality Assurance, Testing, Debugging, Technical Support, Webmaster Services, HTML Programming, $105/hr; Consulting, Project Management, Database Design, Dynamic Programming, $135/hr; Graphic Design, Training, $125/hr; Straight flatbed scanning will be billed at $10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate. City shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, fonts, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. 8. Intentionally omitted. 9. City shall supply all information to Contractor in digital format including without limitation copy, text, audio files, video files, pdf files, photographs, artwork and preexisting graphics. 10. City understands and agrees that Contractor will develop website frontend to be compatible with Internet Explorer 7.0 and 8.0 and Firefox 3.6. Website backend will be compatible with Internet Explorer 7.0 and 8.0. Website may not be compatible with previous or future versions. Website will be optimized for 1024 x 768 pixels resolution or above. City understands and agrees that the website will be developed with Hypertext Markup Language ("HTML"), JavaScript, and Microsoft ASP.NET ("MS-ASP") interfaced with a database created in Microsoft SQL Server 2005 ("MS-SQL"). City understands and agrees that the website is developed to run on a Microsoft Windows 2008 Server ("MS-Server"). visionMobileTM, if provided under this Agreement, will be compatible with iPhone OS Safari 4, Android Chrome 4, Windows Mobile OS IE 6, BlackBerry Browser 4.5 and 5.0, Opera Mini 4 and 5, and Palm webOS. visionMobileTM may not be compatible with previous or future versions. visionMobileTM, if provided under this Agreement, shall include "Powered by Vision Internet" in the footer and always be linked to a Contractor web page. City is responsible for the costs of all software licensing. City understands and agrees that the website frontend will be designed to be compliant with Section 508 guidelines on accessibility. Content migrated into the website by Contractor will also be compliant. Compliance standards will be verified via Watchfire's BobbyTM software prior to Completion. City understands and agrees that website backend and third party tools may not be Section 508 compliant. 11. Warranty: Contractor does warrant that all of the deliverables included in this Agreement will be conveyed to City. All programming code developed by Contractor within the project is warranted for a period of twelve (12) months from the date of the completion of the website ("Completion"). Contractor will create a backup of the website on the date of Completion. If any problem arises while City or its designee is maintaining the website, Contractor will restore the website back to its condition as it existed at Completion. If Contractor is maintaining and hosting the website, Contractor shall restore the website back to its condition as it existed at the day of the most recent backup. Contractor shall only be responsible for any costs associated with correcting any unmodified programming code during this twelve (12)month period following the Completion. 12. Standard of Care. All Work performed pursuant to this Agreement shall be in 3 City's Initials Contractor's Initials accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 13. Contractor does not warrant any results from the use of any web pages created under this Agreement, including but not limited to, the number of page or site visitations, download speed, database performance, or the number of hits or impressions. 14. Although Contractor may offer an opinion about possible results regarding the subject matter of this Agreement, Contractor cannot guarantee any particular result. City acknowledges that Contractor has made no promises about the outcome and that any opinion offered by Contractor in the future will not constitute a guarantee. 15. Contractor may use any web pages developed for the City in any of its own promotional materials as examples of its work. City agrees that Contractor may place in the website footer an unobtrusive text link reading "Developed by Vision Internet" or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page. 16. Each Party warrants that it holds all rights necessary to display all the images, data, information or other items being displayed at the City's web pages during the effective period of this Agreement. City expressly authorizes Contractor to display and/or modify any City supplied images, data, information and other items in connection with the services provided herein. 17. City agrees to use the website in strict accordance with, but not limited to, all local, state, and federal laws. City hereby agrees that any text, data, graphics, or any other material published by City on its website is free from violation of or infringement upon copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others, and is free from obscenity or libel. 18. Intentionally omitted. 19. The City will host its website. If the City chooses to hire Contractor to host its website,the following terms shall apply (a) Contractor shall not be responsible for limitations including but not limited to service interruptions, server down time, loss of data, or access speed. The reliability, availability and performance of resources accessed through the Internet are beyond Contractor's control and are not in any way warranted or supported by Contractor. Except as expressly set forth in this Agreement, it is City's responsibility to maintain the website and make back-ups of all hosted files. (b) City agrees not to use any process, program or tool via Contractor for gaining unauthorized access to the accounts of other Contractor clients, customers or account holders or other Contractor systems. City agrees not to use Contractor services to make unauthorized attempts to access the systems and networks of others. Any attempt to do so will result in immediate termination of Contractor services at Contractor's discretion. 20. . Indemnification. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or 4 City's Initials Contractor's Initials expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Contractor fully to perform, in any respect, all obligations under this Agreement. Contractor further agrees to indemnity the City for defense costs incurred in defending any claims,unless the City is determined to be at fault. 21. Limitation of Remedies In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 22. Estimated times are included for convenience. Actual times will vary depending on City interaction and participation. However, the Parties agree to reasonably cooperate with one another in the construction and design of the website in a timely manner. 23. This Agreement shall be governed by and construed in accordance with the laws of the United States of America, and the State of Minnesota. 24. The waiver by one Party of any term or condition of this Agreement, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach. 25. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein. 26. With the intent to be legally bound, each of the undersigned hereby covenants and acknowledges that it (a) has read each of the terms set forth herein, (b) has the authority to execute this Agreement for such person or entity, and (c) expressly consents and agrees that the person or entity upon behalf of which the undersigned is acting shall be bound by all terms and conditions contained herein. 27. It is understood and agreed that if any interpretation is to be made of this Agreement, the same shall not be construed for or against any of the Parties. 28. The Parties have each been advised to seek independent legal counsel in entering into this Agreement and the transactions described herein. In the event a Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. 29. Intentionally omitted. 30. Intentionally omitted. 31. This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same Agreement. This Agreement becomes effective upon Contractor's receipt of an executed copy of this Agreement. 32. Force Majeure: Any delay in the performance by either Party hereto of its obligations 5 City's Initials Contractor's Initials hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including,without limitation, any act of God; any fire, flood, or weather condition; any earthquake; any act of a public enemy,war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within ten(10) days after occurrence of such cause or event. 33. In the case of any conflict between the Terms and Conditions, Proposal, and Attachment A, the following order of priority shall be utilized: Terms and Conditions, Attachment A,Proposal. 34. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect. 35. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement. 36. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. Any reports, information, data, etc. given to City by Contractor under this Agreement, which Contractor requests be kept confidential, shall not be made available to any individual or organization to the extent allowed by and in accordance with the Minnesota Data Practices Act, Minnesota Statutes Chapter 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Contractor shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Contractor. 1 37. Independent Contractor. At all times and for all purposes herein, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 38. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion,national origin, sex,marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment,notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work,and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 6 City's Initials Contractor's Initials 39. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 40. Services Not Provided For. No claim for services furnished by the Contractor not specifically provideaddd for herein shall be honored by the City. 41. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Contractor and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances,rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 42. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise,the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 43. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 44. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 45. Insurance. (a) General Liability. Prior to starting the Work,Contractor shall procure,maintain and pay for such insurance as will protect against claims for bodily injury or death,or for damage to property,including loss of use,which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include,but not be limited to,minimum coverages and limits of liability specified in this Paragraph,or required by law. The policy(ies)shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Contractor's coverage shall be primary and noncontributory in the event of a loss. (b) Contractor shall procure and maintain the following minimum insurance coverages 7 City's Initials Contractor's Initials and limits of liability on this Project: Worker's Compensation Statutory Limits Commercial General Liability$1,500,000 Umbrella or Excess Liability $2,000,000 (c) Professional Liability Insurance. The Contractor agrees to provide to the City a certificate evidencing that they have in effect,with an insurance company in good standing and authorized to do business in Minnesota,a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City,in the insured's capacity as the Contractor,if such legal liability is caused by an error,omission,or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of$1,000,000. Said policy shall not name the City as an insured. (d) Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M.Best rating of no less than A-,unless specifically accepted by City in writing. (e) In addition to the requirements stated above,all insurance policies required under this Paragraph shall: a. Be written on an"occurrence"form("claims made"and"modified occurrence"forms are not acceptable); b. Apply on a"per project"basis; c. Contain a waiver of subrogation naming"the City of Eden Prairie;" d. Name"the City of Eden Prairie"as an additional insured(except for Professional Liability Insurance); e. Insure the defense and indemnity obligations assumed by Contractor under this Agreement; f. Contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added,without thirty(30) days prior written notice to the City. A copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable, which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City not less than ten (10) days prior to the expiration date of any of the required policies. City will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. 8 City's Initials Contractor's Initials City reserves the right to examine any policy provided for under this paragraph. (f) Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance,then Contractor will defend,indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim,liability and expense(including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law,this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence)and regardless of the extent to which the underlying occurrence(i.e.,the event giving rise to a claim which would have been covered by the specified insurance)is attributable to the negligent or otherwise wrongful act or omission(including breach of contract)of Contractor,its subcontractors,agents,employees or delegatees. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 46. Contractor shall agree to offer the prices and terms and conditions offered herein to other state, local, county, education, and municipal government agencies in the United States who wish to participate in a cooperative purchase program with Contractor. 47. All notices under this Agreement shall be in writing and effective on the date of delivery if delivered by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail,postage prepaid,to each Party as follows: (a)City: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Attn: Joyce Lorenz and Lisa Wu 9 City's Initials Contractor's Initials (b) Contractor: Vision Internet Providers, Inc. 2530 Wilshire Boulevard,2nd Floor Santa Monica, California 90403 Attn: Steven Chapin Fax: (310) 656-3103 CITY OF EDEN PRAIRIE Dated: Mayor Dated: City Manager VISION INTERNET PROVIDERS, INC. Dated: STEVEN CHAPIN Title: President 10 City's Initials Contractor's Initials CITY COUNCIL AGENDA DATE: SECTION: Public Hearings May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. IX.A. Community Development: Resolutions Amending TIF District#15 and Janet Jeremiah Modifying TIF Plan and Project Management David Lindahl Agreement— Summit Place Senior Housing Project Requested Action: Move to: Continue the Public Hearing to May 17, 2011. Synopsis: Tax Increment District#15 was established in 1999 in order to provide 43 affordable housing units to seniors living at Summit Place for a term of 15 years. Silvercrest Properties, the owners of Summit Place, plan to add an 80-unit building to their existing campus in 2011 that will serve seniors requiring higher levels of services. As part of this request, the owners have agreed to use additional TIF revenue generated from the 80-units addition to provide 5 more affordable rental units within the existing independent building for a total of 48 affordable units. They have also agreed to extend the term of the affordable units to year 2026, or 26 years from when the first increment was collected from the district, which is the maximum allowed by State Statute. If the forecasted amount of TIF to be collected over the next 15 years is more than is needed to write down rents on the affordable units, then the rental affordability on all 48 units will be extended. Current estimates forecast this additional affordability term to occur 2027 through 2029. Background: Summit Place is a 320-unit senior rental project located at Flying Cloud Drive and Fountain Place Road immediately south of the Eden Prairie Center. The project is part of a Tax Increment Financing(TIF) district created in 1999 to help subsidize a portion of the total units for seniors with incomes below 50% of the median income for the metro area. Attachments: Resolutions TIF Plan Project Management Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011 - A RESOLUTION RESCINDING RESOLUTION 2008-71 WHICH GRANTED APPROVAL OF THE AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15. BE IT RESOLVED b y the C ity C ouncil of the C ity o f E den P rairie, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01. On December 17, 1996, the City,pursuant to Minnesota Statutes section 469.001 to 469.047, a s a mended, a pproved a r edevelopment pl an, a s de fined i n M innesota S tatutes Section 469.002, s ubdivision 16, de signated a s t he P roject P lan( the " Project P lan") f or redevelopment Project No. 5 (the "Project Area") and a redevelopment project to be undertaken pursuant t hereto, a s de fined i n M innesota S tatutes S ection 469.002, S ubdivision 14 ( the "Redevelopment Project"). 1.02. Pursuant t o t he M innesota T ax Increment Financing A ct, M innesota S tatutes Sections 469.174 t o 469.179, as amended(the"Act"), this Council approved establishment of Tax Increment F inancing D istrict N o. 1 5 ( the " District") a nd a pproved a T ax Increment Financing Plan therefor(the "Original TIF Plan") on July 20, 1999. 1.03. Pursuant to the Act, the City on June 15, 2008, following approval by the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota(the "Authority") adopted Resolution 2008-71 which approved the Amendment to Tax Increment Financing Plan for Tax Increment F inancing ("Qualified H ousing"), D istrict N o. 15 (Eden S hores S enior Housing Campus, Phase II Expansion) (the "Amended TIF Plan"). 1.04. The D eveloper de termined not t o e xecute a n a mendment t o t he Project Management Agreement which incorporated the terms of the Amendment to the Tax Increment Financing P lan a nd a ccordingly t he C ity di d not f ile t he A mended T IF Plan with th e Commissioner of the M innesota D epartment of Revenue and the Office of the S tate Auditor pursuant to Minnesota Statutes section 469.175, Subd. 4a. 1.05. Pursuant t o A ct, t he C ouncil ha s be fore i t for c onsideration a nd a pproval a Modification of the Original TIF Plan, which Modification has been adopted by the Authority. 1.06. The City Council has been advised that it is appropriate to rescind Resolution No 2008 -71 which approved, ratified, established, and adopted the Amended TIF Plan ADOPTED by the City Council on May 3, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011 - RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 AND THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 AND APPROVING THE THIRD RESTATED AND AMENDED PROJECT MANAGEMENT AGREEMENT AND AUTHORIZING ITS EXECUTION. BE IT RESOLVED b y the C ity C ouncil (the "Council") of t he C ity of E den P rairie, Minnesota(the "City"), as follows: Section 1. Recitals 1.01. The B oard o f C ommissioners (the "Board") of the E den P rairie H ousing and Redevelopment Authority (the "HRA") has heretofore established Redevelopment Project No. 5 (the "Project Area") and adopted the Redevelopment Plan therefor. It has been proposed by the HRA that the City adopt a Modification to the Redevelopment Plan(the " Redevelopment Plan Modification") for the Project Area and a Modification to the Tax Increment Financing Plan (the "TIF P lan M odification") for T ax Increment Financing D istrict N o. 1 5 (the "TIF D istrict") therein(the R edevelopment P lan M odification and the T IF P lan M odification are r eferred t o collectively herein as the "Modifications"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Modifications, and presented for the Council's consideration. 1.02. Tax Increment from the TIF District has been used to pay for certain development costs a nd pr ovide a ffordable s enior hous ing uni is a t Summit P lace s enior c ampus. T he Modifications will allow the City and HRA to extend the term of the affordability o f 43 units from 15 to 25 years, and add five additional affordable units, for a total of 48 affordable units. 1.03. The City and HRA have investigated the facts relating to the Modifications and have caused the Modifications to be prepared. 1.04. The City and HRA have performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of H ennepin C ounty a nd Independent S chool D istrict N o. 272, ha ving t axing jurisdiction over the property to be included in the TIF District, a review of and written comment on the Modifications by the City Planning Commission on April 11, 2011, and the holding of a public hearing upon published notice as required by law. 1.05. The City and HRA are not modifying the boundaries of the Project Area or the TIF District. 1.06 The p roperty in th e T IF D istrict is currently subject to th at certain A mended Project M anagement A greement dated D ecember 18, 2001 b y and be tween the C ity and S C Properties M innesota P roperties, LLC a s a mended b y t hat certain S econd A mended P roject Management Agreement dated June 1, 2004 b y and between the City and E P S enior Housing, LLC a nd E P A ssisted Living, LLC t hrough w hich t he C ity r equired c ertain c ovenants a nd conditions with regard to the development and operation of Summit Place Senior Campus. 1.07 In connection with approval of the Modification the City requires the execution of a Third Restated and Amended P roject Management A greement ("hereinafter"Third Restated PMA")w hich s ets forth co venants an d conditions r egarding the op eration of S ummit P lace Senior Campus. Section 2. Findings for the Redevelopment Plan Modification 2.01. The C ouncil hereby reaffirms that: (a)the Redevelopment Plan Modification w ill afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project Area by private enterprise; and(b)the Redevelopment Plan Modification conforms to the general plan for the development of the City as a whole. 2.02. These findings are based on the facts and conditions described in the Redevelopment Plan Modification,which is incorporated herein by reference. Section 3. Findings for the TIF Plan Modification 3.01 The C ouncil hereby reaffirms the original findings for the T IF D istrict, namely that w hen t he T IF D istrict w as e stablished, T ax I ncrement Financing District N o. 15 w as established as a housing district. H owever, the City originally designated the TIF District as a "qualified hous ing di strict" under S ection 469.1 74, s ubd. 29 of the A ct. Legislation in 2008 repealed pr ovisions r elated t o qua lified hous ing districts, e ffective r etroactively t o c over a ny district given that designation. A ccordingly, the TIF District i s no 1 onger a "qualified housing district," but remains subject to all laws that govern housing districts as defined in the Act. In accordance with the applicable state requirements for housing districts, at the time of TIF District creation, a minimum of 43 units in Summit place are required to be occupied by individuals at or below 50% of the area median income. 3.02 It is found and determined, and it is the reasoned opinion of the City, that: (i) The proposed redevelopment described in the TIF Plan Modification would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The major purpose of the TIF Plan Modification is to extend the term and increase the number of affordable housing units within Summit Place. Historically, affordable housing has not occurred in the City without significant public assistance because of high land and construction costs and lower revenues produced by affordable rents or sale prices. The use of tax increment resources from the TIF District will offer opportunities for the private developer to incorporate more affordable housing in Summit Place.. By reimbursing the developer for the initial d evelopment c osts o f S ummit Place, th e C ity w ill b e a ble to e xtend th e term o f affordability on 43 uni is b y 10 years and make an additional 5 uni is affordable through 2026. The developer has represented to the City increase in affordable units would not occur without the TIF Plan Modification. (ii) The Tax Increment Plan Modification conforms to the general plan for the redevelopment of the City as a whole. The C ity's C omprehensive Guide Plan ("Guide P lan") guides the pr operty a s high de nsity residential. H igh de nsity r esidential c alls for 10 t o 40 residential units per acre. The Guide Plan calls for the development of housing units for seniors appropriate for t he p hysical an d m ental ch anges t hey experience. T he G uide P lan al so encourages housing that will permit seniors to live independently and affordably. The proposed development is a high density residential development that w ill comply with the C ity's Guide Plan and general goals for providing safe and affordable housing for its citizens. The Community Development Director advises and the Council finds that the development is compatible with the City's zoning ordinances and other related regulations and encourages efficient use of existing infrastructure as set forth in the City's Guide Plan. (iii) The Tax Increment Plan Modification will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise. The C ity ha s pr omoted a ffordable r ental a nd ow ner-occupied hous ing for s everal years. The tax increment from the TIF District will be used to encourage the private market to offer a ffordable s enior housing c hoices a nd e nsure t hat a ffordability i s m aintained ove r a n extended pe riod o f t ime, a nd pr omote d evelopment t hat 1 inks hous ing with t ransportation corridors and services. The new memory care facility will also provide construction jobs in the City during the anticipated 12 month construction period. Through the implementation of the TIF Plan, the City will increase the availability of safe and decent life-cycle housing in the City. 3.03 As required by Section 469.176, Subdivision 4d, it is expected that all of the tax increment to be derived from the District will be used to finance costs of the low and moderate income housing project, including the cost of public improvements directly related thereto and allowable administration expenses of the Redevelopment Project. 3.04 The City elects to calculate fiscal disparities for the District in accordance with Minnesota S tatutes, S ection 469.177, Subd. 3, clause b, w hich m eans the fiscal di sparities contribution, if any, will be taken from inside the District. Section 4. Public Purpose 4.01. The adoption of the Modifications conforms in all respects to the requirements of the Act and will help fulfill a need to provide housing opportunities affordable to persons of low and moderate income and improve the tax base. These public purposes and benefits exceed any benefits expected to be received b y private developers, who will receive assistance only in the amount needed to make the provision of affordable housing financially feasible. Section 5. Approval and Adoption of the Modifications 5.01. The Modifications are hereby approved, and shall be placed on file in the office of the City Clerk. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 5.02. City s taff is a uthorized to file th e M odifications w ith th e Commissioner o f Revenue, the Office of the State Auditor and the Hennepin County Auditor. 5.03. City staff, the C ity's a dvisors and 1 egal c ounsel are authorized and directed t o proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present t o t his C ouncil for its c onsideration all further modifications, resolutions, documents and contracts necessary for this purpose. Section 6. Approval a nd A doption of P roject M anagement A greement a nd A dditional Approvals 6.01 The Third Restated PMA is hereby approved. The Mayor and City Manager are authorized t o e xecute t he T hird R estated P MA. It i s c ontemplated t he publ is f inancial contribution c ontemplated in the Third Restated P MA and the Modification, including but not limited to tax increment financing may be secured by way of a mortgage on the property in the District. It is further c ontemplated th at any s ecurity granted to the C ity and/or Authority be subordinated to that of the development's current and future lenders. The approval hereby given to the T hird Restated P MA and the M odification includes approval and the e xecution b y the appropriate officers of t he C ity of such a dditional doc uments n ecessary to acq uire a s ecured interest in the property and to subordinate such interest, including a contingent assignment of any agreements r egarding t ax i ncrement f inancing between t he d eveloper and t he C ity and/or Authority, to the lien of the developer's permanent financing. The Mayor and City Manager are authorized and directed to prepare and furnish certified copies of all proceedings and records of the City relating to this transaction and such other affidavits and certificates as may be required to show the facts related thereto as such facts appear on the books and records in the officers' custody and c ontrol or as otherwise know n t o t hem; all such c ertified c opies, c ertificates and affidavits, including any heretofore furnished, shall constitute representations of the City as t o the t ruth of a 11 s tatements c ontained t herein. T he a pproval he reby g iven t o t he v arious documents referred to above includes the approval of such additional details therein as may be necessary a nd a ppropriate a nd s uch m odifications t hereof, de letions t herefrom a nd additions thereto as may be necessary and appropriate and approved by the City's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on be half of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. ADOPTED by the City Council on May 3, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk • mu •-11 ■ ■ t Modification to the Redevelopment Plan for Redevelopment Project No. 5 and the Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 15 (a housing district) within Redevelopment Project No. 5 Eden Prairie Housing and Redevelopment Authority City of Eden Prairie Hennepin County State of Minnesota Adopted: July 20, 1999 Administrative Modication: April 17, 2007 Public Hearing on Modification: May 3, 2011 Modification Adopted: I el Modification prepared by: EHLERS&ASSOCIATES, INC. EHLERS 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com LEADERS IN PUBLIC FINANCE Table of Contents Section I— Modification to the Redevelopment Plan for Redevelopment Project No. 5 Foreword 1-1 Section 1.1 Definitions 1-1 Section II- Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 15 2-1 Section A Definitions 2-1 Section B Statutory Authority 2-2 Section C Statement of Finding and Public Purpose 2-2 Section D Statement of Objectives 2-2 Section E Designation of Tax Increment Financing District as a Housing District 2-2 Section F Duration of the TIF District and the Three Year Rule 2-4 Section G Property to be Included in the TIF District 2-5 Section H Property to be Acquired in the TIF District 2-7 Section I Specific Development Expected to Occur Within the TIF District 2-8 Section J Findings and Need for Tax Increment Financing 2-8 Section K Estimated Public Costs 2-9 Section L Estimated Sources of Revenue 2-11 Section M Estimated Amount of Bonded Indebtedness 2-12 Section N Original Net Tax Capacity 2-12 Section 0 Original Tax Capacity Rate 2-13 Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment 2-13 Section Q Use of Tax Increment 2-14 Section R Excess Tax Increment 2-16 Section S Tax Increment Pooling and the Five Year Rule 2-16 Section T Limitation on Administrative Expenses 2-17 Section U Limitation on Property Not Subject to Improvements -Four Year Rule 2-19 Section V Estimated Impact on Other Taxing Jurisdictions 2-19 Section W Local Government Aid Penalty 2-21 Section X Prior Planned Improvements 2-21 Section Y Development Agreements 2-21 Section Z Assessment Agreements 2-22 Section AA Modifications of the Tax Increment Financing Plan 2-22 Section AB Administration of the Tax Increment Financing Plan 2-22 Section AC Financial Reporting and Disclosure Requirements 2-23 Section AC County Road Costs 2-25 Section AD Summary 2-26 EXHIBIT I MAP OF REDEVELOPMENT PROJECT NO. 5 ANDTAX INCREMENT FINANCING DISTRICT NO. 15 I EXHIBIT II ASSUMPTIONS REPORT II EXHIBIT III PROJECTED TAX INCREMENT REPORT III EXHIBIT IV ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS REPORT IV EXHIBIT V PARCELS IN TIF DISTRICT NO. 15 V Section I— Modification to the Redevelopment Plan For Redevelopment Project No. 5 Foreword The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 5. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 5. Generally,the substantive changes are: 1. The modification to certain definitions in Section 1.1 2. The modification of Tax Increment Finance District No. 15. The text in bold face represents the May 3,2011 modification. Section 1.1 Definitions "Tax Increment Bonds" - means any general obligation or revenue tax increment bonds issued and to be issued by the City to finance the public costs associated with the Project Area as stated in the Redevelopment Plan and in the tax increment financing plan for each tax increment financing district within the Project Area. In accordance with the Tax Increment Act, "Tax Increment Bonds" includes pay as you go notes, revenue notes or bonds, general obligation bonds, and interfund loans. The term"Tax Increment Bonds" shall also include any obligations to refund the Tax Increment Bonds. For further information, a review of the Redevelopment Plan for Redevelopment Project No. 5 adopted December 17, 1996, is recommended. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project No. 5. City of Eden Prairie Modification to Redevelopment Project No. 5 1-1 Section II- Modification to the Tax Increment Financing Plan For Tax Increment Financing Plan No. 15 Section A Definitions The terms defined in this section have the meanings given herein,unless the context in which they are used indicates a different meaning: "Authority" means the Eden Prairie Housing and Redevelopment Authority. "City" means the City of Eden Prairie,Minnesota; also referred to as a"Municipality". "City Council"means the City Council of the City; also referred to as the "Governing Body". "County" means Hennepin County,Minnesota. "Redevelopment Project" means Redevelopment Project No.5 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan"means the Redevelopment Plan for the Redevelopment Project. "Project Area"means the geographic area of the Redevelopment Project. "School District"means Independent School District No. 272,Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.179,both inclusive. "TIF District" means Tax Increment Financing(Housing)District No. 15. "TIF Plan"means the tax increment financing plan for the TIF District(this document). (As Modified May 3, 2011) "Project Management Agreement" means the Third Restated and Amended Project Management Agreement by and between the City of Eden Prairie and SC Minnesota Properties,LLC, EP Senior Housing,LLC and EP Assisted Living, LLC which replaces in its entirety the Project Management Agreement dated November 22, 1999,the Amended Project Management Agreement dated June 1, 2001 and the Second Amended Project Management Agreement dated June 1,2004. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project originally approved on December 17, 1996, as amended. "TIF Plan" means the tax increment financing plan for the TIF District as originally approved on July 20, 1999, as amended. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-1 Section B Statutory Authority See Section 1.3 of the Redevelopment Plan for the Redevelopment Project. Section C Statement of Finding and Public Purpose See Section 1.2 of the Redevelopment Plan for the Redevelopment Project. Section D Statement of Objectives See Section 1.4 of the Redevelopment Plan for the Redevelopment Project. (As Modified May 3, 2011) The purpose of this modification is to modify the budget for estimated tax increment received and estimated public costs in the TIF Plan to allow the City to enter into the Third Amended and Restated Project Management Agreement with the developer in order to extend the affordability of the existing 43 units and to add five additional affordable units,for a total of 48 units,to the existing Summit Place senior rental housing development, and extend the term of the rent and income requirement from 15 to 25 years. In 2001,265 units of senior housing units were developed in the TIF District and the project is called Summit Place. In accordance with the applicable state requirements for qualified housing district, at the time of the TIF District creation,it was determined that 20% of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212,of which 20% of these units(43 units)are required to be occupied by individuals at or below 50% of the area median income, and have monthly rents of no more than 30% of maximum monthly gross income. The original TIF Plan contemplated providing increment to the developer in consideration of the developer maintaining affordability for 15 years. The new building to be constructed in the TIF District consists of a 60 unit memory care facility and no commercial or other uses are contemplated therein. The memory care facility will generate tax increment that will be used along with existing TIF to pay Summit Place project costs,and extend the term of the existing income and rent requirements from 15 to 25 years. This modification does not enlarge the geographic boundaries or extend the term of the TIF District. Section E Designation of Tax Increment Financing District as a Housing District Housing districts are a type of tax increment financing district which consists of a project intended for occupancy, in part, by persons or families of low and moderate income. Low and moderate income is defined in federal, state,and municipal legislation.A project does not qualify if the fair market value of the improvements,constructed for uses other than low and moderate income housing are more than 20%of the total fair market value of all the planned improvements.The fair market value of the improvements may be City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-2 determined using the cost of construction, capitalized income, or any other appropriate method of estimating marketing value. In addition, housing districts are subject to various income limitations and requirements for residential property.For owner occupied residential property,95%of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f)of the Internal Revenue Code. For residential rental property, the property must satisfy the income requirements for a qualified residential rental project as defined in section 142(d) of the Internal Revenue Code. The TIF District qualifies as a housing district in that it meets all of the criteria listed above.It is anticipated that at least 80% of the planned improvements in the TIF District will be for low and moderate income housing purposes. (While the entire project will be constructed for housing purposes,up to 20%of the total fair market value of the project will not be subject to low and moderate income housing requirements.) In addition the TIF District meets the requirements for a"qualified housing district"in that all of the low and moderate income housing units meet all of the requirements for the low income housing tax credit(whether such credits are received or not) under Section 42 of the Internal Revenue Code of 1986, as amended through December 31, 1992.As a qualified housing district,the TIF District does not cause any reduction in the local government aid received by the City from the State(see Section W). The above requirements apply for the duration of the TIF District. Failure to comply with these requirements results in application of the duration limits for economic development districts to the TIF District,that is the lesser of(a)nine years from the date of receipt of the first tax increment or(b) 11 years after approval of the TIF Plan. If at the time of the noncompliance, the TIF District has exceeded the duration limits for an economic development district,the TIF District must be decertified effective for taxes payable in the next calendar year. Tax increments derived from a housing district must be used solely to finance the cost of housing projects as defined above. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project.A rental property also satisfies the above requirements if 50 percent of the residential units in the project are occupied by individuals whose income is 80 percent or less of the area median gross income. (As Modified May 3,2011) The Authority and City designated the TIF District as both a "housing district" under Section 469.174, subdivision 11 of the TIF Act, and a "qualified housing district" under Section 469.174, subdivision 29 of the TIF Act. A qualified housing district differed from a general law housing district only in that all housing benefited by tax increments was required to meet the requirements for federal low-income housing tax credits under Section 42 of the Internal Revenue Code,including rent restrictions. Legislation in 2008 repealed provisions related to qualified housing districts, effective retroactively to cover any district given that designation. Accordingly,TIF District No. 15 is no longer a qualified housing district, but remains subject to all laws that govern housing districts under the TIF Act. Such designation means that any housing project(as defined in Section 469.174,subd. 11)must meet City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-3 the requirements of Section 469.1761 of the TIF Act. Those requirements are summarized as follows: 1. No more than 20 percent of the square footage of buildings that receive assistance from Housing District No. 2 may consist of commercial, retail, or other nonresidential uses. 2. For owner-occupied housing: 95 percent of the housing units must be initially purchased and occupied by individuals whose family income is less than or equal to the income requirements for qualified mortgage bond projects under section 143(f) of the Internal Revenue Code. Generally, the income for one or two person households may not exceed 100% of areawide or statewide median income (whichever is greater); and the income for three-or-more person households may not exceed 115% of areawide or statewide median income (whichever is greater). 3. For rental housing, the property must satisfy the requirements for residential rental project as defined in Section 143(d) of the Internal Revenue Code. This means that at either: at least 20% of the units are occupied by persons with income no greater than 50% of areawide median; or at least 40% of the units are occupied by persons with income no greater than 60% of areawide median. Note: the TIF Act does not require that rental housing assisted with increment from a housing district be subject to rent restrictions. However, the HRA may impose rent restrictions in addition to income limitations if the HRA determines that such limitations are reasonable and desirable. Housing projects that meet one of these income limitations may be located anywhere within the Project Area,whether or not such developments are actually established as a housing district. These income limitations apply to housing receiving tax increment assistance. Therefore, the proposed memory care facility to be constructed adjacent to the existing Summit Place does not have to comply with the income restrictions if it is not benefitted by tax increments. In accordance with the applicable state requirements for housing districts,at the time of TIF District creation, it was determined that 20% of the total units created would not be subject to the low and moderate income requirements. This reduced the number of units subject to the requirements to 212, of which 20% of these units (43 units) are required to be occupied by individuals at or below 50% of the area median income. Section F Duration of the TIF District and the Three Year Rule Housing districts may remain in existence 25 years from the date of receipt of the first tax increment. This term shall be reduced to 20 years if the Authority elects to delay receipt of the first tax increment until a minimum market value for the TIF District is reached or exceeded,or four years have elapsed from the date of certification, whichever is earlier. Modifications of this plan (see Section AA) shall not extend these limitations. The Authority does not elect to delay receipt of the first tax increment. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law(projected to be through City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-4 the year 2026),but anticipates that the TIF District will be decertified prior to that time(see Section P).All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the Authority. In addition,no tax increments shall be paid to the Authority from the TIF District after three years from the date of certification unless within that time period: 1) bonds have been issued in aid of the Project Area (except revenue bonds issued pursuant to M.S. Sections 469.152 to 469.165); 2) the Authority has acquired property within the TIF District; or 3) the Authority has constructed public improvements within the TIF District. (As Modified May 3,2011) Pursuant to M.S.,Section 469.175,Subd. 1, and Section 469.176,Subd. 1,the duration of the District must be indicated within the TIF Plan. Pursuant to M.S.,Section 469.176,Subd. lb,the duration of the District will be 25 years after receipt of the first increment by the Authority(a total of 26 years of tax increment). The date of receipt by the Authority of the first tax increment was 2001. Thus,it is estimated that the TIF District,including any modifications of the TIF Plan for subsequent phases or other changes,would terminate after 2026, or when the TIF Plan is satisfied.The Authority or City reserves the right to decertify the District prior to the legally required date. The Authority met the three year rule prior to May 6, 2003. Furthermore the three-year activity rule was repealed pursuant to the Laws of 2005,Chapter 153,Article 2,section 31. Section G Property to be Included in the TIF District The TIF District is a 12.94 acre area of land located within the Project Area.A map showing the location of the TI F District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel 1D Number Legal Description 14-116-22-33-06 That part of the Southwest 1/4 of Southwest 1/4 of Section 14, Township 116,Range 22 described as follows: Commencing at a point on the Southeasterly line of State Highway Number 169, which point is distant 185.4 feet Southwesterly from the intersection of said Southeasterly highway line with the East line of said Southwest 1/4 of Southwest 1/4; thence Southeasterly at right angles to said Southeasterly line of said State Highway 169 to East boundary line of said Southwest 1/4 of Southwest 1/4; thence North along the East line of said Southwest 1/4 to the Southeasterly line of said State Highway Number 169; thence Southwesterly along the said Southeasterly line of said State Highway Number 169 to the point of beginning. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-5 14-116-22-33-0011 That part of the Southwest '/4 of the Southwest '/4 of Section 14, Township 116, Range 22, described as follows: Commencing at a point on the East line of said Southwest 1/4 of Southwest 1/4 distance 385 feet North to the Southeast corner of said Southwest 1/4 of Southwest '/4;thence Northwesterly to a point on the Southeasterly line of State Highway 169, which point is distant 266.4 feet Southwesterly from the intersection of said Southeasterly highway line with the East line of said Southwest 1/4 of Southwest 1/4; thence Northeasterly along the Southeasterly line of said highway a distance of 81 feet; thence at right angles Southeasterly to East boundary line of said Southwest 1/4 of Southwest 1/4;thence South along East line of said Southwest 1/4 of Southwest 1/4 to the point of beginning. 14-116-22-33-0005 That part of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22 described as follows: Commencing 210.5 feet North from the Southeast corner of the Southwest Quarter of the Southwest Quarter of Section 14, Township 116, Range 22; thence North 174.5 feet; thence Northwesterly making an angle to the left of 39 degrees 10 minutes a distance of 327 feet to a point in the Southeasterly line of State Highway 169-212 a distance of 266.4 feet Southwesterly along said Highway from the East line of the Southwest 1/4 of the Southwest 1/4;thence Southwesterly along said 14-116-22-33-0003 That part of Southwest Quarter of Southwest Quarter of Section 14, Township 166,Range 22 described as follows: Commencing at a point on the East line of said Southwest Quarter of Southwest Quarter, 17.4 feet North of the Southeast corner thereof; thence North along said East line 193.1 feet;thence Northwesterly 462.3 feet to a point in the southeasterly line of State Highway which is 376.6 feet southwesterly along said highway line from the East line of said Southwest Quarter of Southwest Quarter; thence Southwesterly along said highway line 122 feet;thence southeasterly 610.5 feet to point of beginning. 14-116-22-33-0013 Tract C, Registered Land Survey No. 210. 14-116-22-33-0014 Tract A,Registered Land Survey No. 2275. 14-116-22-33-0015 Tract B, Registered Land Survey No. 275. 14-116-22-33-0012 Tract A,Registered Land Survey No. 210,Files of Registrar of Titles, County of Hennepin. 14-116-22-33-0004 That part of Section 114,Township 116,Range 22, described as follows: Commencing at the Southeast corner of the Southwest Quarter of the Southwest Quarter of said section; thence North along the East line thereof, 17.4 feet; thence Northwesterly 610.5 feet more or less to a point in the Southeasterly line of State City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-6 Highway No. 5 which point is distant 498.6 feet Southwesterly along said Southeasterly road line from its intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southwesterly along said Southeasterly road line to its intersection with the South line of said Section 14; thence East along said South line of said Section to the point of beginning. 14-116-22-33-0016 Tract C,Registered Land Survey No. 275. 23-116-22-22-0002 The North 182.9 feet of the Northwest Quarter of the Northwest Quarter of Section 23, Township 116 North, Range 22 West, lying Easterly of U.S. Highway Nos. 169 and 212 and West of a line drawn at right angles to the North line of said Northwest Quarter of Northwest Quarter, and distant 574.42 feet East of the Northwest corner of said Section 23. 14-116-22-34-0001 Commencing at the intersection of the West line of said tract and the Southeasterly line of said Highway 169 and 212; thence South along said West line 488.56 feet; thence Northeasterly parallel with the Southeasterly line of said highway 115 feet; thence North parallel with the West line of said Southeast Quarter of the Southwest Quarter 488.56 feet to the Southeasterly line of said highway; thence Southwesterly along the Southeasterly line of said highway a distance of 115 feet to the point of beginning. The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. (As Modified May 3, 2011) No parcels are being added to the TIF District. However,the parcels in the TIF District have been replatted. The new parcel numbers are listed in Exhibit V. The TIF District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed in Exhibit V of this TIF Plan. Please also see the map in Exhibit V for further information on the location of the TIF District. Section H Property to be Acquired in the TIF District The Authority may acquire and sell any or all of the property located within the TIF District;however,the Authority does not anticipate acquiring any such property at this time. (As Modified May 3, 2011) The Authority or City may acquire any parcel within the existing TIF District. However, if an opportunity presents itself to further the objectives in the Redevelopment Project Plan, the Authority and City may acquire property located in the Project Area. Any properties identified for acquisition will be acquired by the Authority or City only in order to accomplish one or more of the following: carry out land acquisition; demolition of structures; rehabilitation of housing and commercial units; relocation; construction of new residential and City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-7 commercial units; site improvements; storm sewer improvements; provide land for needed public streets,sidewalks, alley ways,utilities and facilities to accomplish the uses and objectives set forth in this plan. The Authority or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Section I Specific Development Expected to Occur Within the TIF District The proposed development will consist of a senior residential cam located at the intersection of Fountain Place and Flying Cloud Drive. It is anticipated that a total of 321 housing units will be constructed in two phases. Phase I is expected be completed in 2001, and Phase II is expected to be completed in 2005. The TIF District will include only 241 proposed units in Phase I. The qualifying criteria for a housing TIF district (see Section E) will therefore apply only to the 241 units constructed in Phase I of the proposed development. At the time this document was prepared there were no signed construction contracts with regards to the above-described development. (As Modified May 3, 2011) The development consists of a 265 unit senior residential continuing care facility (Summit Place) located at the intersection of Fountain Place and Flying Cloud Drive,of which a minimum of 43 units will be income restricted(see Section E). Beginning on the date specified in the Third Amended and Restated Project Management Agreement, it is anticipated that an addition five units, for a total of 48 units, will be income and rent restricted in the existing Summit Place. A 60-unit memory care facility will be constructed in the TIF District. Section J Findings and Need for Tax Increment Financing In establishing the TIF District,the City makes the following findings: 1) the TIF District qualifies as a housing district and as a qualified housing district; See Section E of this document for the reasons and facts supporting this finding. 2) the proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons and facts supporting this finding are that the developer has represented to the Authority that it would not undertake the proposed development without the assistance of tax increment financing. Private investment will not finance these development activities City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-8 because of prohibitive costs.It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Project Area. 3) the TIF Plan conforms to the general plan for development or redevelopment of the City as a whole; and The reasons and facts supporting this finding are that the TIF District is properly zoned, and the TIF Plan has been approved by the City Planning Commission and will generally compliment and serve to implement policies adopted in the City's comprehensive plan. 4) the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts supporting this finding are that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Principle Interest Total Site Improvements $997,311 0 $997,311 Land Acquisition 3,627,689 0 3,627,689 Administration 462,500 0 462,500 Total $5,087,500 0 $5,087,500 The Authority reserves the right to adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-9 (As Modified April 17, 2007) Original Administrative Budget July 20, Amendment 1999 April 17,2007 Land/Building Acquisition 3,627,689 3,652,495 Site Improvements/Preparation costs, 997,311 1,030,191 Installation of Public Utilities,Parking Facilities, and other Eligible Costs Bond Interest Payments 0 0 Loan Principal Payments 0 0 Loan/Note Interest Payments 0 0 Administrative Expenses 462,500 50,875 Capitalized Interest 0 0 Other(eligible TIF Pooling Activities) 0 353,939 Subtotal 5,087,500 5,087,500 Transfers Out 0 0 Total 5,087,500 5,087,500 (As Modified May 3, 2011) The budget in the original TIF Plan contemplated decertifying the TIF District after 15 years. Currently under consideration for the District is a proposal to increase the number of affordable units from 43 to 48, and to extend the term of the affordability from 15 to 25 years. The Authority and the City have determined that it will be necessary to provide assistance to the project for certain costs to make the provision of five additional affordable units financially feasible for the developer. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF TAX INCREMENT FUNDS Land/Building Acquisition 2,987 537 Site Improvements/Preparation 830,369 Housing Project Costs 11,252,094 Administrative Costs (up to 10%) 1,730,000 PROJECT COST TOTAL 16,800,000 Interest 500,000 PROJECT AND INTEREST COST TOTAL 17,300,000 The above budget represents the total costs being authorized and is organized according to the Office of State Auditor (OSA) reporting forms. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $17,30,000 total project costs as presented in the budget above. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-10 Estimated capital and administration costs in the table above are subject to change among categories by modification of the TIF Plan without the hearings and notice required for the initial TIF Plan,so long as the total capital and administrative costs do not exceed the total listed above. The total uses of funds does not exceed the total estimated tax increments duration of the TIF District as shown in Exhibit II. The Authority may spend increments from the TIF District (a housing district) in any amount, for housing projects located anywhere in the Project Area, as all such expenditures are deemed to be within the TIF District under Section 469.1763,Subd.2 of the TIF Act. Section L Estimated Sources of Revenue The Authority anticipates providing financial assistance to the proposed development through the use of a pay-as-you-go technique.As tax increments are collected from the TIF District in future years, a portion of these taxes will be distributed to the developer/owner as reimbursement for public costs incurred (see Section K). The Authority reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law.The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. (As Modified April 17, 2007) Original Administrative Budget July Amendment 20, 1999 April 17,2007 Tax Increment Revenue 5,087,500 5,087,500 Interest on Invested Funds 0 0 Bond Proceeds 0 0 Loan Proceeds 0 0 Real Estate Sales 0 0 Special Assesments 0 0 Rent/Lease Revenue 0 0 Grants 0 0 Other 0 0 Subtotal 5,087,500 5,087,500 Transfer In 0 0 Total 5,087,500 5,087,500 City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-11 (As Modified May 3, 2011) The estimated sources of funds for the District are contained in the table as follows. SOURCES OF FUNDS TOTAL Tax Increment 17,100,000 Interest 200,000 TOTAL 17,300,000 Section M Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to finance the estimated public costs of the TIF District. (As Modified May 3, 2011) The Authority may issue bonds secured in whole or in part with tax increments from the TIF District in the maximum principal amount of $16,800,000; provided that if the Authority issues a bond without interest, the maximum principal amount may be any amount equal to the total projected increments pledged to that bond. In accordance with the TIF Act,the term "bonds" includes pay as you go notes,revenue notes or bonds, general obligation bonds,and interfund loans. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 1998 for taxes payable in 1999 is$819,200.Upon establishment of the TIF District, and subsequent reclassification of property,it is estimated that the original net tax capacity of the TIF District will be approximately$18,514. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: 1) changes in tax-exempt status of property; 2) reductions or enlargements of the geographic area of the TIF District; 3) changes due to stipulation agreements or abatements; or 4) changes in property classification rates. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-12 Section 0 Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District.This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years,the amount of tax increment generated by the TIF District will be calculated using the lesser of(a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. The sum of all local tax rates that apply to property in the TIF District,for taxes levied in 1998 and payable in 1999, is 134.556% as shown below. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. 1998/1999 Taxing Jurisdiction Local Tax Rate City of Eden Prairie 28.531% Hennepin County 40.994% Independent School District#272 59.204% Watershed#4 0.880% Metro Special Taxing Districts 2.429% Other Special Taxing Districts 2.518% Total 134.556% (As Modified May 3, 2011) The original tax capacity rate of the TIF District, certified by the County Auditor on May 5,2000, is 132.4350%. Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount.It is the Authority's intention to retain 100%of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan,including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-13 (As Modified May 3, 2011) Project Estimated Tax Capacity upon Completion (PTC) $1,075,286 Original Estimated Net Tax Capacity(ONTC) $11,144 Fiscal Disparities Reduction $0 Estimated Captured Tax Capacity(CTC) $1,064,142 Lesser of Original Local Tax Rate or Pay 2011 Local Tax Rate 116.023 Pay 2011 Estimated Annual Tax Increment(CTC x Local Tax Rate)* $1,234,650 Percent Retained by the EDA 100% *Assumes 5%inflation on TIF through the end of the District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.25% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: 1) pay for estimated public costs of the TIF District(see Section K) and county administrative costs associated with the TIF District; 2) pay principle and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; 3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; 4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1 a; or 5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-14 Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government. This prohibition does not apply to the construction or renovation of a parking structure,a common area used as a public park, or a facility used for social, recreational, or conference purposes and not primarily for conducting the business of the community. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments.Assistance includes sale of property at less than the cost of acquisition or fair market value,grants,ground or other leases at less than fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. (As Modified May 3, 2011) The Authority or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District, less the state auditor and County fees, for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. To finance, or otherwise pay the costs of Redevelopment Project Plan pursuant to M.S., Sections 469.090 to 469.1082 and M.S.,Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance,or otherwise pay for other purposes as provided in M.S.,Section 469.176,Subd. 4; 5. To pay principal and interest on any loans,advances or other payments made to or on behalf of the Authority or City or for the benefit of the Redevelopment Project by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S.,Sections 469.152 through 469.165, and/or M.S.,Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165,and/or M.S.,Sections 469.178. Revenues derived from tax increment from a housing district must be used solely to finance the cost of housing projects as defined in M.S., Sections 469.174,Subd. 11 and 469.1761. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority or City may be included in the cost of a housing project. These revenues shall not be used to circumvent any levy limitations City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-15 Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan,the Authority shall use the excess tax increments to: 1) prepay any outstanding tax increment bonds; 2) discharge the pledge of tax increments thereof; 3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or 4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. (As Modified May 3, 2011) Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61,Subdivision 3,the Authority or City shall use the excess amount to do any of the following: 1. prepay the outstanding bonds; 2. discharge the pledge of tax increment herefore; 3. pay into an escrow account dedicated to the payment of such bond; 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rate as provided in Minnesota Statutes, Section 469.176, Subd. 2. In addition,the Authority or City may,subject to the limitation set forth herein choose to modify the tax increment plan as described in Section AA in order to finance additional public costs of the Redevelopment Project. The Authority or City must spend or return the excess increments under Section 476.176, sub 2, paragraph (c) within nine months after the end of the year. In addition, the EDA or City, may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in the Redevelopment Plan or the TIF District. Section S Tax Increment Pooling and the Five Year Rule At least 80%of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District(see Section E for additional restrictions).No more than 20%of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-16 1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; 2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. 3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or 4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80%of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations,the TIF District must be decertified. The Authority does not anticipate that tax increments will be spent outside of the TIF District (except for allowable administrative expenses); however, the Authority does reserve the right to allow for tax increment pooling from the TIF District in the future. (As Modified May 3,2011) Pursuant to M.S.469.1763, Subd.2,in the case of a housing district, a housing project, as defined in section 469.174,subdivision 11,is an activity in the district and not subject to the pooling limitations. This budget modification is being undertaken to extend the affordability at Summit Place from 15 to 25 years; it does not represent a new activity of the district. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: 1) amounts paid for the purchase of land; 2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TI F District; 3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or 4) amounts used to pay interest on, fund a reserve for, or sell at a discount,tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-17 lesser of(a) 10% of the total estimated public costs authorized by the TI F Plan or(b) 10% of the total tax increment expenditures for the project. (As Modified May 3, 2011) In accordance with M.S., Section 469.174,Subd. 14, administrative expenses means all expenditures of the Authority or City,other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the District; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the District; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S.,Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1)to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, and before August 1, 2001, (including this TIF District) administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District and are not subject to the percentage limits of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the Authority or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-18 Section U Limitation on Property Not Subject to Improvements -Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor,by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities,the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District,since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. (As Modified May 3, 2011) IMPACT ON TAX BASE 2010/Pay 2011 Captured Tax Total Net Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,320,682,751 1,064,142 0.08% City of Eden Prairie 92,275,200 1,064,142 1.15% ISD No. 272 88,456,604 1,064,142 1.20% City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-19 IMPACT ON TAX RATES Pay 2011 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.4584 39.51% 1,064,142 487,803 City of Eden Prairie 0.31239 26.92% 1,064,142 332,427 ISD No. 272 0.2842 24.50% 1,064,142 302,429 Other 0.10524 9.07% 1,064,142 111,990 Total 1.16023 100.00% 1,234,649 The estimates listed above display the captured tax capacity when all construction is completed, including the proposed 60 unit memory care facility. The tax rate used for calculations is the actual Pay 2011 rate. The total net capacity for the entities listed above are based on actual Pay 2011 figures. The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual Pay 2011 rate. The total net capacity for the entities listed above are based on actual Pay 2011 figures. 1) It is estimated that the total amount of tax increment that will be generated over the life of the District is $17,300,000; 2) No impact on police protection,fire protection and emergency medical services is expected as a result of this modification. The addition of 60 units of memory care will not increase the need for police or fire protection beyond the capacity of the exiting departments. While there may be more emergency medical services at the new memory care facility, most of the residents would be living in Eden Prairie regardless and so no net increase in medical services throughout the community is expected. 3) No impact on transportation, roads, or public improvements is expected as a result of this modification. The existing road and utility systems are adequate to serve the development. The new memory care facility is expected to pay$542,000 in water and sewer connection fees and park dedication fees to the City. 4) The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. The bonds will be structured as pay-as-you-go notes and do not have the general obligation pledge of the City securing them. They will not affect the City's debt levy or debt limits. 5) It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is $4,238,500; 6) It is estimated that the amount of tax increments over the life of the District that would be attributable to county district levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is $6,835,230; City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-20 7) No requests for additional information from the county or school district regarding the proposed modification for this District were received. Section W Local Government Aid Penalty Tax increment financing districts established or expanded after April 30, 1990 may cause a reduction in the local government aid(LGA/HACA)received by the City from the State.However,because the TIF District is a qualified housing district the City is exempt from any loss of local government aid. (As Modified May 3, 2011) The Local Government Aid Penalty enacted in Minnesota Statutes,Section 273.1399 was repealed. Section X Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section Y Development Agreements If more than 10% of the acreage of a project (which contains a housing district) is to be acquired by the Authority with proceeds from tax increment bonds then,prior to such acquisition,the Authority must enter into an agreement for the development of the property. Such agreement must provide recourse for the Authority should the development not be completed. The Authority anticipates entering into an agreement for development,but does not anticipate acquiring any property located within the TIF District. (As Modified May 3, 2011) Contracts for development that have been entered into to date include: 1. Project Management Agreement dated November 22, 1999,Amended Project Management Agreement dated December 18, 2001 and the Second Amended Project Management Agreement dated June 1,2004 with SC Minnesota Properties Under the contract,the developer was required to provide for the construction of 265-unit continuing care facility for seniors, and lease 43 of the units to income eligible seniors at affordable rents. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-21 The Authority and City anticipate entering into the Project Management Agreement that will extend the affordability term for a minimum of the duration of the District, and expand the number of affordable units from 43 to a minimum of 48. Section Z Assessment Agreements The Authority may,upon entering into a development agreement, also enter into an assessment agreement with the developer,which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed,review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate,shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. Section AA Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan.This paragraph does not apply if: 1) the only modification is elimination of parcels from the TIF District; and 2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AB Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan,the Authority shall submit a copy of such plan to the Minnesota Department of Revenue. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District.To assist the County Auditor in this process,the Authority shall submit copies of the TIF Plan,the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-22 assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: 1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely mariner. 2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years.Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. 3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: a. the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; b. the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; c. if the TIF District is classified as an economic development district, then the original net tax capacity shall be increased by the amount of the annual adjustment factor; and d. if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes,then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. Section AC Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing of the Authority's use of tax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, City Council, County Board and County Auditor, and the School District Board a report which shall: City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-23 1) provide full disclosure of the sources and uses of public funds in the TIF District; 2) permit comparison and reconciliation of the accounts and financial reports; 3) permit auditing of the funds expended on behalf of the TIF District; and 4) be consistent with generally accepted accounting principles. The report shall include, among other items,the following information: 1) the original net tax capacity of the TIF District; 2) the captured net tax capacity of the TIF District, including the amount of any captured net tax capacity shared with other taxing jurisdictions; 3) for the reporting period and for the duration of the TIF District,the amount budgeted under the TIF Plan, and the actual amount expended for,at least,the following categories: a. acquisition of land and buildings through condemnation or purchase; b. site improvements or preparation costs; c. installation of public utilities,parking facilities, streets, roads, sidewalks, or other similar public improvements; d. administrative costs, including the allocated cost of the Authority; and e. public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements. 4) for properties sold to developers,the total cost of the property to the Authority and the price paid by the developer; and 5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. Additional information which must be annually reported to the State Auditor, by July 1 of each year, includes: 1) for the entire City: a. the total principal amount of nondefeased tax increment bonds outstanding at the end of the previous calendar year; and b. the total amount of principal and interest payments that are due for the current calendar year on tax increment bonds. 2) for each tax increment financing district in the City: a. the type of district; City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-24 b. the date the TIF District is required to be decertified; c. the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues from increments and are provided to another governmental unit during the preceding calendar year; d. the tax increment revenues for taxes payable in the current calendar year; e. whether the TIF Plan permits tax increment revenues to be expended for activities located outside of the TIF District, and f. any additional information that the State Auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment financing district showing the tax increment received in that year, the original and captured net tax capacity, the amount of outstanding bonded indebtedness, the amount of increments paid to other governmental bodies, the amount paid for administrative costs, the sum of increment paid, directly or indirectly, for activities and improvements located outside of the district, the increase in property taxes if a fiscal disparity contribution is being made from outside of the district, and any additional information the Authority deems necessary. The Authority must publish the annual statement for a year by July 1 of the next year and must provide a copy to the State Auditor by the time it submits the annual statement for publication. (As Modified May 3, 2011) Section AD County Road Costs Pursuant to Minnesota Statutes, Section 469.1.75, Subdivision la, the county board may require the authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will,in the judgment of the county,substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or other county plan. Extending the term and the number of affordable units in the existing housing project, as proposed in this TIF Plan modification,in the opinion of the Authority and consultants,will have little or no impact upon county roads. Therefore, the TIF Plan was not forwarded to the county within 45 days of the public hearing. The City is aware that the county could claim that tax increment should be used for county roads,even after the public hearing. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-25 Section AE Summary The Authority and City established the TIF District to provide an impetus for residential development and provide safe and decent life cycle housing in the City that meets the objectives of the Redevelopment Project Plan. The original TIF Plan was prepared by Springsted,Inc.and modified by Ehlers,Inc.,3060 Centre Pointe Drive,Roseville, Minnesota 55113-1105,telephone(651) 697-8500. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-26 EXHIBIT I MAP OF REDEVELOPMENT PROJECT NO. 5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 (As Modified May 3, 2011) Jam— -I7.,..1/ (111 UJ !' _ . �_<u�' ,si a 15—Nu\L: i • ���r. __ � - -- F'S ,...�� n . .m " is .:"�. onD.:m„N; g . I City ofEden Prairie a—.••.3< •; r • O (r' AO ilk / I I1���IpF�[[7""{{ A n i G IA • .ti \ C� rh r1- SfT- lawn I(I. . / Y:iv ` u c 0 :-' E3 ..„: _..7. m.t •01u77• I N, ---- -------�-�'�- d r Q 1 dot l .011 LM: j 11gI .` .n ` ,V, C e \ , \\. <.I. to ..T1 - yam - •_.� t°7:;` �' G, •• - - - _ - `' v.M"u D [7.�y�sc9 ( N11!L ..cN...tw.- T_]�_ e I Lvi9 f � _ 1�VVV .YA L� ^-� __1/ T�-1• pl. s , al f - • W aa- s y �. �' .' r uED< �. f�.iirrhr.•r..r • poi sMr:r3 �a J i „,,,, 11 v • _ 1 ��/.i����111111111RRR66666����=T of u. : =�.drw`D f+.Aiii. _ 2 w° •` .. ,._.„ ''llititai 1 n H __. I .all.• .<rrrw i �f 1 �~ - v----- , �i•,.1�•', O a.Da L=J _�� CO�� „„,, ,..., . ,.... ttttt Wive DO Of 4 SIira /• wall.,•, ax Increment Financing Housing District#1 +� �tl 4; / ,1•, . ...Do(1,r1„ ii li 1.F L1 tC Summit Place Senior Housing Campu11116..ZkN \\'' ' SI\ 0 _er u P.4:1V _ - - CITY 9 �I�{{ . r4 •• CENTER fr 1 1 1III�TTO�/E�/] - } . C)�g r, 1 yl -_ .1.11[D.DCn11YD TIFi istr �'r° �'! 1 '% J i1F161� ri ST'p--,` r.._. 0 . �r 1 Im•.cttt OE tt o/�� 1��•�N�r /�s ulolqun ..e OV f., ..rtn .f]-'N 1 .• - %.,11-•u'.-t t, I ow,vr y� t ` _ it �,ey• .4 N.�r `\.._.aA+_� f D L Y 0- I.L Y110F1r I[ N•EU Lnri4 lnr-IID — �w A ,t$J.�'1<e, r.-.u1ur•In unc c.tr. \ v N t1i0:7) r!hFCl1.1 CI.^ ' • Y ••'l� ±10.,lNut•q.uC. t� / Y��JJMe�Z'y11 ' — D06Y �„ It unru+f I Li% °r'1\ J rr. OE.1. ^O •1� a— f�� `-` 3;— ill �j1i}. �' .. r...., 1 L m � < < _ _ c� , •�_I ` �Y�r17 11 I.„<DI<.w cr,5 1\!! .�,.•.,' r b 'U _ • �r ©l.:}, I ��• - `_ tc•loo� .,re[nlNvr t111 r� T + _ <Iw,; sNO i t ••D<hwe ..,. .....:, t,i it\ ) 4L� _ �4.'Y� �N 1® 1<� W' eu•c ' .e+rn rr:c.c3e� �`tr_ •n— TIF Redevelopment Project Area # " tiriKi_ii, .. wt ma_1Ad rq•D•� 11 _- r �:�a.;� . '�• u, srl-,r l:u( / (]f. ( 1 .•... vut D. • mill IIMR� ,' n.I+,HI«rMOr }i.nrr r,u�f l` Is ,a !- 1... 11�D' -.-•�` » y .+ n u Ir Srwr, n__ EXHIBIT II ASSUMPTIONS REPORT EXHIBIT II Assumptions Report City of Eden Prairie,Minnesota Tax Increment Financing (Qualified Housing)District No. 15 Silvercrest Senior Housing Project • Scenario B: Phase I Only Type of Tax Increment Financing District Qualified Housing Maximum Duration of TIF District 25 years from 1st increment Certification Request Date 07/01/99 Decertification Date 12/01/26 (25 Years of Increment) 1999/2000 Base Estimated Market Value $819,200 Times: First $0 2.18% 0 Excess 2.18% 17,818 Original Net Tax Capacity $17,818 Assessment/Collection Year 1999/2000 2000/2001 2001/2002 2002/2003 Base Estimated Market Value $819,200 $819,200 $819,200 $819,200 Increase in Estimated Market Value(a) 0 0 7,350,000 14,700,000 Total Estimated Market Value $819,200 $819,200 $8,169,200 $15,519,200 Times: First $0 2.18% 0 0 0 0 Excess 2.18% 17,818 17,818 177,680 337,543 Total Net Tax Capacity $17,818 $17,818 $177,680 $337,543 Base Inflation Factor NA Local Tax Capacity Rate 134.556% (Pay 1999) Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent(maximum=10%) 10.00% Pooling Percent 15.00% City Tax Rate(Only if Local-Effort TIF) NA Bonds Note(pay-As-You-Go) Bonds Dated 07/01/99 Note Dated 07/01/99 First Interest Date 02/01/00 Note Rate 0.00% Underwriters Discount 1.50% LGA/HACA Loss; Will Annual Local Contribution Be Made(Yes or No)? No I.S.D#272 Equalized Tax Capacity Rate NA I.S.D#272 Sales Ratio NA City Sales Ratio&Taxable Net Tax Capacity NA NA Present Value Date&Rate 07/01/99 5.00% (a)Increase in Estimated Market Value is expected to continue through 2006/2007. Prepared by: Springsted Incorporated (printed on 6/28/99 at 4:33 PM) Tif0625.xls EXHIBIT II CASHFLOW (As Modified May 3, 2011) 4/12/2011 Base Value Assumptions -Page 1 9 EHLERS UFASFRS IN PUetIC FINANCF Summit Place - Existing Phase One City of Eden Prairie ASSUMPTIONS AND RATES DistrictType: Housing Maximum/Frozen Local Tax Rate: 132.435% Pay 2000 District Name/Number: Current Local Tax Rate:(Use lesser of Current or Max.) 116.023% Pay 2011 County District#: State-wide Tax Rate(Comm./Ind.only used for total taxes) 49.0430% Pay 2011 First Year Construction or Inflation on Value 2010 Market Value Tax Rate(Used for total taxes) 0.18102% Pay 2011 Existing District - Specify No.Years Remaining Inflation Rate-Every Year: 5.00% PROPERTY TAX CLASSES AND CLASS RATES: Interest Rate: 6.00% Exempt Class Rate(Exempt) 0.00% Present Value Date: 1-Feb-11 Commercial Industrial Preferred Class Rate(C/I Pref.) First Period Ending 1-Aug-11 First $150,000 1.50% Tax Year District was Certified: 2000 Over $150,000 2.00% Cashflow Assumes First Tax Increment For District: 2011 Commercial Industrial Class Rate(C/I) 2.00% Years of Tax Increment 16 Rental Housing Class Rate(Rental) 1.25% Assumes Last Year of Tax Increment 2026 Affordable Rental Housing Class Rate(Aff.Rental) 0.75% Fiscal Disparities Election[Outside(A), Inside(B),or NA] Outside(A) Non-Homestead Residential(Non-H Res.) 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residental Class Rate(Hmstd.Res.) Fiscal Disparities Contribution Ratio 42.4923% Pay 2011 First $500,000 1.00% Fiscal Disparities Metro-Wide Tax Rate 129.3270% Pay 2011 Over $500,000 1.25% Agricultural Non-Homestead 1.00% BASE VALUE INFORMATION (Original Tax Capacity) Percentage Tax Year Property Current Class After Land Building Total Of Value Used Original Original Tax Original After Conversion Map# PID Owner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig.Tax Cap. Area/Phase Existing Project 437,800 135,700 573,500 100% 573,500 2,000 Hmstd.Res. 5,735 Hmstd.Res. 5,735 95,600 95,600 100% 95,600 2,000 Rental 1,196 Rental 1,196 0 0 100% 0 2,000 C/I Pref. - C/I Pref. - 159,000 1,000 160,000 100% 160,000 2,000 C/I Pref. 2,450 C/I Pref. 2,450 '36,700 829,100 829,100 9,381 9,381 Note: 1. Base value is the original market value and tax capacity certified by Hennepin County in 2000. 2. Parcel is in School District#272,Watershed District#4. 3.The base value for parcels 14-116-22-33-0006 and 14-116-22-34-0001 were removed from cashflow and are reflected in the Phase Two Cashflow Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 4/12/2011 Base Value Assumptions -Page 2 0 EHLERS 11,;:l or N 1'rot II:,II1hN,:l Summit Place- Existing Phase One City of Eden Prairie 0 PROJECT INFORMATION(Project Tax Capacity) Property Percentage Percentage Percentage Percentage First Year Total Market Value Market Tax Project Completed Completed Completed Completed Full Taxes Area/Phase New Use Sq.Ft./Units Sq.Ft./Units Value Class Tax Capacity 2010 2011 2012 2013 Payable Existing Project 265 131,140 34,752,000 Rental 434,400 100% 100% 100% 100% 2012 TOTAL 34,752,000 434,400 Subtotal Residential 265 34,752,000 434,400 _ Subtotal Commercial/Ind. 0 0 0 Note: 1. Market values are the 2010 values for Pay 2011 from the Hennepin County website 2. The current value for parcel 14-116-22-33-0036 was removed from the cashflow and is reflected in the Phase Two Cashflow TAX CALCULATIONS Total Fiscal Local Local Fiscal tate-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq.Ft./Unit Existing Project 434,400 0 434,400 504,004 0 0 62,908 566,912 0.00 TOTAL 434,400 0 434,400 504,004 0 0 62,908 566,912 Note: 1. Taxes and tax increment will vary signficantly from year to year depending upon values,rates,state law,fiscal disparities and other factors which cannot be predicted. WHAT IS EXCLUDED FROM TIF? Total Property Taxes 566,912 less State-wide Taxes 0 less Fiscal Disp.Adj. 0 less Market Value Taxes (62,908) less Base Value Taxes (10,884) Annual Gross TIF 493,120 Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 4/12/2011 Tax Increment Cashflow-Page 3 • EHLERS 1EADEPS IN PUBLIC FINAkrl Summit Place - Existing Phase One City of Eden Prairie TAX INCREMENT CASH FLOW Project Original Fiscal Captured Local Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD %of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date 100% 434,400 (9,381) - 425,019 116% 493,120 246,560 (888) (24,567) 221,105 214,665 0.5 2011 08/01/11 246,560 (888) (24,567) 221,105 423,078 1 2011 02/01/12 100% 456,120 (9,381) - 446,739 116% 518,320 259,160 (933) (25,823) 232,404 635,761 1.5 2012 08/01/12 259,160 (933) (25,823) 232,404 842,249 2 2012 02/01/13 100% 478,926 (9,381) - 469,545 116% 544,780 272,390 (981) (27,141) 244,269 1,052,957 2.5 2013 08/01/13 272,390 (981) (27,141) 244,269 1,257,528 3 2013 02/01/14 100% 502,872 (9,381) - 493,491 116% 572,563 286,282 (1,031) (28,525) 256,726 1,466,270 3.5 2014 08/01/14 286,282 (1,031) (28,525) 256,726 1,668,932 4 2014 02/01/15 100% 528,016 (9,381) - 518,635 116% 601,736 300,868 (1,083) (29,978) 269,806 1,875,716 4.5 2015 08/01/15 300,868 (1,083) (29,978) 269,806 2,076,477 5 2015 02/01/16 100% 554,417 (9,381) - 545,036 116% 632,367 316,183 (1,138) (31,505) 283,541 2,281,313 5.5 2016 08/01/16 316,183 (1,138) (31,505) 283,541 2,480,182 6 2016 02/01/17 100% 582,138 (9,381) - 572,757 116% 664,529 332,265 (1,196) (33,107) 297,962 2,683,080 6.5 2017 08/01/17 332,265 (1,196) (33,107) 297,962 2,880,068 7 2017 02/01/18 100% 611,244 (9,381) - 601,863 116% 698,300 349,150 (1,257) (34,789) 313,104 3,081,037 7.5 2018 08/01/18 349,150 (1,257) (34,789) 313,104 3,276,153 8 2018 02/01/19 100% 641,807 (9,381) - 632,426 116% 733,759 366,880 (1,321) (36,556) 329,003 3,475,205 8.5 2019 08/01/19 366,880 (1,321) (36,556) 329,003 3,668,460 9 2019 02/01/20 100% 673,897 (9,381) - 664,516 116% 770,991 385,496 (1,388) (38,411) 345,697 3,865,606 9.5 2020 08/01/20 385,496 (1,388) (38,411) 345,697 4,057,010 10 2020 02/01/21 100% 707,592 (9,381) - 698,211 116% 810,085 405,043 (1,458) (40,358) 363,226 4,252,262 10.5 2021 08/01/21 405,043 (1,458) (40,358) 363,226 4,441,827 11 2021 02/01/22 100% 742,971 (9,381) - 733,590 116% 851,134 425,567 (1,532) (42,403) 381,631 4,635,196 11.5 2022 08/01/22 425,567 (1,532) (42,403) 381,631 4,822,934 12 2022 02/01/23 100% 780,120 (9,381) - 770,739 116% 894,234 447,117 (1,610) (44,551) 400,957 5,014,433 12.5 2023 08/01/23 447,117 (1,610) (44,551) 400,957 5,200,354 13 2023 02/01/24 100% 819,126 (9,381) - 809,745 116% 939,490 469,745 (1,691) (46,805) 421,249 5,389,996 13.5 2024 08/01/24 469,745 (1,691) (46,805) 421,249 5,574,114 14 2024 02/01/25 100% 860,082 (9,381) - 850,701 116% 987,009 493,505 (1,777) (49,173) 442,555 5,761,911 14.5 2025 08/01/25 493,505 (1,777) (49,173) 442,555 5,944,237 15 2025 02/01/26 100% 903,086 (9,381) - 893,705 116% 1,036,904 518,452 (1,866) (51,659) 464,927 6,130,202 15.5 2026 08/01/26 518,452 (1,866) (51,659) 464,927 6,310,751 16 2026 02/01/27 Total 11,749,323 (42,298) (1,170,702) 10,536,322 I _ Present Value From 02/01/2011 Present Value Rate 6.00% 7,037,279 (25,334) (701,195) 6,310,751 Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 4/1/2011 Base Value Assumptions -Page 1 9 EHLERS trADFRS IN PUei1C FINANCI Summit Place - Phase Two Eden Prairie TIF District#15 60 Memory Care Units ASSUMPTIONS AND RATES School District#272,Waterhed District#4 DistrictType: Housing Maximum/Frozen Local Tax Rate: 132.435% Pay 2000 District Name/Number: Current Local Tax Rate:(Use lesser of Current or Max.) 116.023% Pay 2011 County District#: State-wide Tax Rate(Comm./Ind.only used for total taxes) 49.0430% Pay 2011 First Year Construction or Inflation on Value 2012 Market Value Tax Rate(Used for total taxes) 0.18102% Pay 2011 Existing District - Specify No.Years Remaining Inflation Rate-Every Year: 5.00% PROPERTY TAX CLASSES AND CLASS RATES: Interest Rate: 6.00% Exempt Class Rate(Exempt) 0.00% Present Value Date: 1-Feb-13 Commercial Industrial Preferred Class Rate(C/I Pref.) First Period Ending 1-Aug-13 First $150,000 1.50% Tax Year District was Certified: 2000 Over $150,000 2.00% Cashflow Assumes First Tax Increment For District: 2014 Commercial Industrial Class Rate(C/I) 2.00% Years of Tax Increment 13 Rental Housing Class Rate(Rental) 1.25% Assumes Last Year of Tax Increment 2026 Affordable Rental Housing Class Rate(Aft.Rental) 0.75% Fiscal Disparities Election[Outside(A), Inside(B),or NA] Outside(A) Non-Homestead Residential(Non-H Res.) 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residental Class Rate(Hmstd.Res.) Fiscal Disparities Contribution Ratio 42.4923% Pay 2011 First $500,000 1.00% Fiscal Disparities Metro-Wide Tax Rate 129.3270% Pay 2011 Over $500,000 1.25% Agricultural Non-Homestead 1.00% BASE VALUE INFORMATION (Original Tax Capacity) Percentage Tax Year Property Current Class After Land Building Total Of Value Used Original Original Tax Original After Conversion Map# PID Owner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig.Tax Cap. Area/Phase 1411622330006 SC Minnesota Properties,LLC 48,000 0 48,000 100% 48,000 2,000 Rental 720 Rental 720 1411622340001 SC Minnesota Properties,LLC 83,400 83,400 100% 83,400 2,000 Rental 1,043 Rental 1,043 0 100% 0 2,000 - - 0 100% 0 2,000 - 131,400 1,763 1,763 Note: 1. Base value is the 2010 market value for Pay 2011 listed on the County website.Any market value increases that occurred between the certification date and Pay 2011 are captured in the Phase One TF projection. 2. Parcel is in School District#272,Watershed District#4. 3.Base value from County report dated 12/2/2010.See also footnote 3 on Existing Cashflow Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Outlot A 4/1/2011 Base Value Assumptions -Page 2 elk EHLERS EEADERSINr:,u t: ina3ei Summit Place - Phase Two Eden Prairie TIF District#15 60 Memory Care Units PROJECT INFORMATION(Project Tax Capacity) Property Percentage Percentage Percentage Percentage First Year Total Market Value Market Tax Project Completed Completed Completed Completed Full Taxes Area/Phase New Use Sq.Ft./Units Sq.Ft./Units Value Class Tax Capacity 2012 2013 2014 2015 Payable Assisted Living 60 134,242 8,054,520 Rental 100,682 75% 100% 100% 100% 2015 TOTAL 8,054,520 100,682 Subtotal Residential 60 8,054,520 100,682 Subtotal Commercial/Ind. 0 0 0 Note: 1.Unit market value is based upon average Pay 2011 unit market value at the existing Summit Place. TAX CALCULATIONS Total Fiscal Local Local Fiscal tate-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq.Ft./Unit Assisted Living 100,682 0 100,682 116,814 0 0 14,580 131,394 2,189.90 TOTAL 100,682 0 100,682 116,814 0 0 14,580 131,394 Note: 1. Taxes and tax increment will vary signficantly from year to year depending upon values,rates,state law,fiscal disparities and other factors which cannot be predicted. WHAT IS EXCLUDED FROM TIF? Total Property Taxes 131,394 less State-wide Taxes 0 less Fiscal Disp.Adj. 0 less Market Value Taxes (14,580) less Base Value Taxes (2,045) Annual Gross TIF 114,769 Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Outlot A 4/1/2011 Tax Increment Cashflow-Page 3 .4 EHLERS i EARERSHi PI,I• r,FINANCE Summit Place - Phase Two Eden Prairie TIF District #15 60 Memory Care Units TAX INCREMENT CASH FLOW Project Original Fiscal Captured Local Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date - 08/01/13 - - - - 02/01/14 100% 75,511 (1,763) - 73,749 116% 85,565 42,783 (154) (4,263) 38,366 35,110 0.5 2014 08/01/14 42,783 (154) (4,263) 38,366 69,198 1 2014 02/01/15 100% 100,682 (1,763) - 98,919 116% 114,769 57,384 (207) (5,718) 51,460 113,588 1.5 2015 08/01/15 57,384 (207) (5,718) 51,460 156,684 2 2015 02/01/16 100% 105,716 (1,763) - 103,953 116% 120,609 60,305 (217) (6,009) 54,079 200,656 2.5 2016 08/01/16 60,305 (217) (6,009) 54,079 243,346 3 2016 02/01/17 100% 111,001 (1,763) - 109,239 116% 126,742 63,371 (228) (6,314) 56,829 286,900 3.5 2017 08/01/17 63,371 (228) (6,314) 56,829 329,186 4 2017 02/01/18 100% 116,551 (1,763) - 114,789 116% 133,182 66,591 (240) (6,635) 59,716 372,326 4.5 2018 08/01/18 66,591 (240) (6,635) 59,716 414,210 5 2018 02/01/19 100% 122,379 (1,763) - 120,616 116% 139,943 69,971 (252) (6,972) 62,748 456,938 5.5 2019 08/01/19 69,971 (252) (6,972) 62,748 498,421 6 2019 02/01/20 100% 128,498 (1,763) - 126,735 116% 147,042 73,521 (265) (7,326) 65,931 540,740 6.5 2020 08/01/20 73,521 (265) (7,326) 65,931 581,826 7 2020 02/01/21 100% 134,923 (1,763) - 133,160 116% 154,497 77,248 (278) (7,697) 69,273 623,737 7.5 2021 08/01/21 77,248 (278) (7,697) 69,273 664,428 8 2021 02/01/22 100% 141,669 (1,763) - 139,906 116% 162,324 81,162 (292) (8,087) 72,783 705,935 8.5 2022 08/01/22 81,162 (292) (8,087) 72,783 746,233 9 2022 02/01/23 100% 148,752 (1,763) - 146,990 116% 170,542 85,271 (307) (8,496) 76,468 787,338 9.5 2023 08/01/23 85,271 (307) (8,496) 76,468 827,246 10 2023 02/01/24 100% 156,190 (1,763) - 154,428 116% 179,171 89,586 (323) (8,926) 80,337 867,952 10.5 2024 08/01/24 89,586 (323) (8,926) 80,337 907,472 11 2024 02/01/25 100% 164,000 (1,763) - 162,237 116% 188,232 94,116 (339) (9,378) 84,400 947,782 11.5 2025 08/01/25 94,116 (339) (9,378) 84,400 986,918 12 2025 02/01/26 100% 172,200 (1,763) - 170,437 116% 197,746 98,873 (356) (9,852) 88,665 1,026,834 12.5 2026 08/01/26 98,873 (356) (9,852) 88,665 1,065,588 13 2026 02/01/27 Total 1,920,365 (6,913) I (191,345) 1,722,106 Present Value From 02/01/2013 Present Value Rate 6.00% 1,188,264 (4,278) (118,399) 1,065,588 Prepared by Ehlers&Associates,Inc.-Estimates Only N:\Minnsota\Eden Prairie\Housing-Economic-Redevelopment\TIF\TIF Districts\TIF 15-Eden Shores Senior Housing\TIF Runs\TIF Run Outlot A EXHIBIT III PROJECTED TAX INCREMENT REPORT Projected Tax Increment Report I City of Eden Prairie,Minnesota Tax Increment Financing(Qualified Housing)District No.15 Slivercrest Senior Housing Project Scenario B: Phase I Only Less: Less: Retained Times: Less: Less: Less: Annual Total Original Fiscal Captured Tax Annual State Aud. Adm./Pooling Annual 15 yr Rent Annual Period Net Tax Net Tax Disp.© Net Tax Capacity Gross Tax Deduction Retainage Net Tax Subsidy(a) Net Ending Capacity Capacity 0.0000% Capacity Rate Increment 0.25% 25.00% Increment 0.00% Revenue (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 12/31/99 17,818 17,818 0 0 134.556% 0 0 0 0 0 0 12/31/00 17,818 17,818 0 0 134.556% 0 0 0 0 0 0 12/31/01 17,818 17,818 0 0 134.556% 0 0 0 0 0 0 12/31/02 177,880 17,818 0 159,882 134.558% 215,104 538 53,842 160,924 123,463 37,481 12/31/03 337,543 17,818 0 319,725 134.558% 430,209 1,076 107,283 321,850 125,933 195,917 12/31/04 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 128,451 193,399 12/31/05 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 131,020 190,830 12/31/06 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 133,641 188,209 12/31/07 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 136,314 185,538 12/31/08 337,543 17,818 0 319,725 134.558% 430,209 1,076 107,283 321,850 139,040 182,810 12/31/09 337,543 17,818 0 319,725 134.558% 430,209 1,076 107,283 321,850 141,821 180,029 12/31/10 337,543 17,818 0 310,725 134.556% 430,209 1,076 107,283 321,850 144,657 177,193 12/31/11 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 147,550 174,300 12/31/12 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 150,501 171,349 12/31/13 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 153,511 188,339 12/31/14 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 156,582 165,288 12/31/15 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 159,713 162,137 12/31/16 337,543 17,818 0 319,725 134.558% 430,209 1,078 107,283 321,850 162,907 158,943 12/31/17 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 0 321,850 12/31/18 337,543 17,818 0 319,725 134.558% 430,209 1,076 107,283 321,850 0 321,850 12/31/19 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 0 321,850 12/31/20 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 0 321,850 12/31/21 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 0 321,850 12/31/22 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 0 321,850 12/31/23 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 321,850 0 321,850 m 12/31/24 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 . 321,850 0 321,850 X 12/31/25 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 0 321,850 I 12/31/26 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 321,850 0 321,850 co 12/31/27 337,543 337,543 0 0 134.558% 0 0 0 0 0 0 $10,540,120 $26,362 S2,628,434 $7,885,324 $2,135,105 $5,750,219 (a)Rent Subsidy schedule assumes no subsidy in first 1/2 year of operation,full subsidy for all L/M units beginning in 2002. Prepared by: Springated Incorporated (Pnr,,,+rl on 6/28/99 at 4:33 PM) Ti10625.x1s EXHIBIT IV ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS REPORT Please note, this Exhibit IV is superseded by Section V of this TIF Plan Estimated Impact on Other Taxing Jurisdictions Report City of Eden Prairie,Minnesota Tax increment Financing(Qualified Housing)District No.15 Sllvercrest Senior Housing Project Scenario B:Phase I Only Without Project or TIF District With Project and TIF District Projected Hypothetical 1997/98 1997/98 Retained New Hypothetical Hypothetical Tax Generated Taxable 1997/98 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity(1) Tax Rate Capacity(1) + Capacity = Capacity Tax Rate(') Tax Rate(•) N.T.C.(') City of Eden Prairie 73,782,323 28.531% 73,782,323 $319,725 74,102,048 28.408% 0.123% 90,827 Hennepin County 1,024,048,441 40.994% 1,024,048,441 319,725 1,024,388,166 40.981% 0.013% 131,027 • ISD#272 68,614,631 59.204% 68,614,631 319,725 68,934,356 58.929% 0.275% 188,412 Other(2) — 5.827% — 319,725 — 5.827% — — Totals 134.556% 134.146% 0.410% • Statement 1: if the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above,the result would be a lower local tax rate(see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case,the total local tax rale would decrease by 0.410%(see Hypothetical Decrease In Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate Is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there Is no Impact on taxes levied or local tax rates. (1) Taxable net lax capacity=total net tax capacity-captured TIF-fiscal disparity contribution. (2) The impact on these taxing jurisdictions is negligible since they represent only 4.33%of the total tax rate. m X COI -I Prepared by:Springsted Incorporated(6/28/99) EXHIBIT V PARCELS IN TIF DISTRICT NO. 15 Parcel Number Property Address Owner 14-116-22-33-0031 8505 Flying Cloud Drive EP SENIOR HOUSING LLC 14-116-22-33-0032 8501 Flying Cloud Drive EP ASSISTED LIVING LLC 14-116-22-33-0033 8601 Flying Cloud Drive EP SENIOR HOUSING LLC 14-116-22-33-0034 61 Address Unassigned SUMMIT PL SENIOR CAMPUS ASCN 14-116-22-33-0036 61 Address Unassigned SC MINNESOTA PROPERTIES LLC Exhibit V Tax Increment Financing District Overview City of Eden Prairie Tax Increment Financing District No. 15 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Tax Increment Financing District No. 15. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Modification of Tax Increment Financing District No. 15 ("District") and the adoption of a modified Tax Increment Financing Plan. ("TIF Plan") Modification to the Redevelopment Plan for Redevelopment Project No. 5 to include the modification of the District,which represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Redevelopment Project No. 5. Type of TIF District: A housing district Proposed The budget for Tax Increment Financing District No. 15 is being modified to Development: provide affordable senior housing at the Summit Place senior campus. The modification will allow the City to extend the term of the affordability of 43 units from 15 to 25 years, and add five additional affordable units, for a total of 48 affordable units. This modification does not enlarge the geographic boundaries or extend the term of the TIF District. Maximum duration: Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the Authority (a total of 26 years of tax increment). The date of receipt by the Authority of the first tax increment was 2001. Thus, it is estimated that the TIF District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2026, or when the TIF Plan is satisfied. The Authority or City reserves the right to decertify the District prior to the legally required date. Estimated annual tax increment: Up to $1,234,650 TIF District Overview Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land/Building Acquisition $2,987,537 Site Improvements/Preparation $830,369 Housing Project Costs $11,252,094 Administrative Costs(up to 10%) $1,730,000 PROJECT COSTS TOTAL $16,800,000 Interest 500 000 PROJECT COSTS AND INTEREST TOTAL $17,300,000 See Section K of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and transfers and bonded indebtedness. Fiscal Disparities The City is calculating fiscal disparities by clause a(outside of the District). Election: Administrative fee: Up to 10%of annual increment, if costs are justified. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution. Page 2 fa EHLERS TIF District Overview MAP REDEVELOPMENT PROJECT NO. 5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 1 E3ULI$IT I—Q. BOUNDARY MAF ,il 4. •, ... r 6'..1h i I . - .i'1.II 1 ..1' • '.''17..'"Pikiii,H Clil'll - . , • • r,..3. iera'' ''. '• .4.01.. ,,_ ... . , _, . .. ____!.... . E., ,.:,,, ....„ , i,. . : ,„,... „r, . _. . , , II.'011 1 4.i, , iv - ,_ ,_,.!: . _ii , . ..- I ---'-.-- ---r'.- - --.1.-. ..'-....,.:.)- k '' ,.'i..r 4.1.r....... ,,_ , ,. .: r i;i .1. .;, ;-.j.--- ...., —-'S rf---.'. i . \1,4, x a -- -...,1- -- .) 'I. I { I ~ �I:r' y clef � .� 11 1 ��'Z�'�4f; -v-. .-- Ar, . .,,, ,,,.- . .,( ---, - - .' 6,- 'ST 11 .A. - -•-'I --ecitari: V.,i. x i: 1 .. • r 77 ..*„...--_-- ,410,4 q. 3t,... .. _ ,__ k,. .. J . ,, ., 4 ` __,,,„, 31 4 . . I fy :. -7 I 2 .: : 1 Jill .1fiii...- •.._,:%.. _:_s_ ..7- i' N•'-r • " . TN i Ig 'rk 1 .7.,,,:.:: • . , ,, , ,: ,ti. ,.. •, ,, . . IT n T 1,...r..„ ,, , !I fAiri.,:d_., It'Sf k ,•!1 -.1 -1.‘ 516 "'.: .,...i.- CO.TL 3'''''' .c:.-' ir . I.L..r. -. ' -'-rt .'- I 17 Il&• k \• .... rA i -- ‘''—'• 1V1111 1 i.' .... .-.I. !Li . 'ul, iiiiirtr. 01 !� 1 ft l_Ati SLR, .'-il ' .\ I 14 ..4 . ; -.!4 411 2 y ,, F e�}+ . q ,! + S -, .2 c-1,' 7,. --„ti I ;,;,..Ail 4 f a'1F.-.5 1 I k I I C I.' ;TI„ {� \ Page 3 ei EHLERS CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 3, 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 207577—208004 Wire Transfers 4170—4178 City of Eden Prairie Council Check Summary 5/3/2011 Division Amount Division Amount General 39,779 100 City Manager 387 807 Benefits Fund 546,561 101 Legislative 6,786 811 Property Insurance 2,027 102 Legal Counsel 16,035 812 Fleet Internal Service 11,141 110 City Clerk 260 813 IT Internal Service 29,447 111 Customer Service 4,102 815 Facilites Operating ISF 46,657 112 Human Resources 81 816 Facilites City Center ISF 67,202 113 Communications 7,068 817 Facilites Comm.Center ISF 50,584 114 Benefits&Training 1,457 Total Internal Service Funds 753,617 130 Assessing 142 131 Finance 7,403 Report Total 2,454,941 132 Housing and Community Services 11,880 133 Planning 264 136 Public Safety Communications 16,911 137 Economic Development 6 138 Community Development Admin. 72 151 Park Maintenance 21,315 153 Organized Athletics 1,413 154 Community Center 8,580 156 Youth Programs 263 158 Senior Center 554 159 Recreation Administration 252 162 Arts 776 163 Outdoor Center 760 166 CC-Therapeutic Recreation 45 168 Arts Center 175 180 Police 11,245 184 Fire 71,418 186 Inspections 25 200 Engineering 368 201 Street Maintenance 34,537 202 Street Lighting 70,679 Total General Funds 335,036 301 CDBG 15,471 303 Cemetary Operation 14 308 E-911 37 309 DWI Forfeiture 1,000 Total Special Revenue Funds 16,522 509 CIP Fund 14,854 512 CIP Trails 4,705 522 Improvement Projects 2006 9,739 Total Capital Project Funds 29,297 601 Prairie Village Liquor 15,080 602 Den Road Liquor 128,016 603 Prairie View Liquor 81,510 605 Den Road Building 1,566 701 Water Fund 724,141 702 Sewer Fund 321,601 703 Storm Drainage Fund 36,668 Total Enterprise Funds 1,308,583 803 Escrow Fund 736 806 SAC Agency Fund 11,150 Total Agency Funds 11,886 City of Eden Prairie Council Check Register 5/3/2011 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 208004 621,941 MAGNEY CONSTRUCTION INC Other Contracted Services Water Capital Water Treatment Process Upgrades 207899 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General MCES Monthly Fee 207852 243,501 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premiums 4171 178,808 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 4174 123,979 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 207768 97,244 XCEL ENERGY Electric City Hall-CAM 207999 67,974 XCEL ENERGY Electric Flying Cloud Off Leash Park 207714 44,853 PNC EQUIPMENT FINANCE Principal Fire 207874 26,383 JOHNSON BROTHERS LIQUOR CO Wine Domestic Den Road Liquor Store 207890 26,263 LOGIS LOGIS IT Operating 207775 24,627 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 207995 22,497 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store 207670 20,040 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 4173 19,960 ING Deferred Compensation General Fund 207960 19,195 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 207697 17,789 MORTON SALT Salt Snow&Ice Control 207673 17,000 KDV Audit&Financial Finance 207764 16,969 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store 207818 16,590 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 207961 16,493 ST CROIX ENVIRONMENTAL INC Other Contracted Services Wellhead Protection Plan 4172 16,094 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 207941 15,390 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 207792 15,119 BONNER&BORHART LLP Legal Legal Criminal Prosecution 207988 13,191 WASHINGTON COUNTY Other Contracted Services Public Safety Communications 207990 13,065 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 207720 12,282 QUALITY WINE&SPIRITS CO Transportation Prairie View Liquor Store 207717 11,308 PROP Refunds CDBG-Public Service 207689 11,039 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 207825 10,347 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire 207657 10,200 HENNEPIN COUNTY TREASURER Licenses,Permits,Taxes Capital Impr./Maint.Fund 207765 9,033 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store 207849 8,988 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 207869 7,810 JJ TAYLOR DISTRIBUTING MINNESO Beer Den Road Liquor Store 207757 7,634 WALL TRENDS INC Contract Svcs-General Bldg Park Shelters 207713 7,230 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store 207972 7,202 TESSMAN SEED CO Chemicals Park Maintenance 207767 7,129 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 207901 7,115 MIDWEST LOCK&SAFE Contract Svcs-Security Fitness/Conference-Cmty Ctr 207802 7,082 CENTERPOINT ENERGY Gas Water Treatment Plant 207659 6,821 HERSEY-METERS Repair&Maint.Supplies Water Metering 207929 6,617 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 207996 6,329 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 207958 6,194 SOUTHWEST SUBURBAN CABLE COMMI Miscellaneous City Council 207648 6,145 GRAYMONT Treatment Chemicals Water Treatment Plant 207694 6,044 MINNESOTA NATIVE LANDSCAPES Improvement Contracts Storm Drainage 207625 5,803 DAY DISTRIBUTING Beer Prairie View Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207910 5,600 MOODY'S INVESTORS SERVICE Bond Issue Costs Water Capital 207746 5,168 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 207985 5,145 WALL TRENDS INC Contract Svcs-General Bldg Police City Center 207667 5,087 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store 207957 4,950 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 207780 4,800 AVI SYSTEMS INC Equipment Repair&Maint Communications 207784 4,762 BELLBOY CORPORATION Transportation Den Road Liquor Store 207609 4,705 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails 207855 4,560 HERSEY-METERS Repair&Maint.Supplies Water Metering 207912 4,503 MORTON SALT Salt Snow&Ice Control 207897 4,280 METRO FIRE Protective Clothing Fire 207734 4,000 SOUTHDALE YMCA-CHILD CARE Refunds CDBG-Public Service 207774 3,964 A-SCAPE INC Contract Svcs-Lawn Maint. Den Road-CAM items 207919 3,912 NEW WORLD SYSTEMS Other Assets CIP-Bonds 207959 3,871 SOUTHWEST SUBURBAN PUBLISHING- Advertising Prairie Village Liquor Store 207618 3,651 CENTURYLINK Telephone IT Telephone 207886 3,638 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Fire Station#2 207943 3,602 REINDERS INC Chemicals Park Maintenance 207974 3,557 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store 207863 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service 207762 3,437 WINE MERCHANTS INC Transportation Prairie View Liquor Store 207815 3,402 DAY DISTRIBUTING Beer Den Road Liquor Store 207735 3,309 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie View Liquor Store 207651 3,255 HACH COMPANY Laboratory Chemicals Water Treatment Plant 207744 3,250 TEENS ALONE Other Contracted Services Housing and Community Service 207601 3,166 ASPEN WASTE SYSTEMS INC. Waste Disposal Fitness/Conference-Cmty Ctr 207846 3,085 GRAYMONT Treatment Chemicals Water Treatment Plant 207819 3,065 DLT SOLUTIONS INC. Software Maintenance IT Operating 207608 3,033 BELLBOY CORPORATION Transportation Prairie View Liquor Store 207591 2,834 A-SCAPE INC Contract Svcs-Snow Removal Den Road-EP items 207968 2,787 SUBURBAN CHEVROLET Equipment Repair&Maint Fleet Operating 207834 2,785 FIRE SAFETY USA INC Protective Clothing Fire 207962 2,655 ST PAUL,CITY OF Tuition Reimbursement/School Police 207981 2,624 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 207773 2,603 A TO Z RENTAL CENTER Development Fire Permits General Fund 207926 2,565 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 207686 2,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 207965 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing and Community Service 207839 2,498 GARDEN ROOM FRATELLI'S GARDEN Operating Supplies Wine Club 207954 2,408 SL-SERCO Other Contracted Services Sewer Capital 207729 2,398 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Sewer Capital 207898 2,330 METRO SALES INCORPORATED* Equipment Repair&Maint Customer Service 207645 2,323 GRAINGER Supplies-HVAC City Hall-CAM 207948 2,290 SEAFORTH ELECTRIC INC Equipment Repair&Maint Water Treatment Plant 207862 2,262 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 207711 2,182 PAUSTIS&SONS COMPANY Transportation Prairie View Liquor Store 207750 2,180 UNIFORMS UNLIMITED Clothing&Uniforms Police 207661 2,138 HOHENSTEINS INC Beer Prairie View Liquor Store 207934 2,101 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Public Works/Parks 207704 2,099 NORTHERN AIR CORPORATION Contract Svcs-Plumbing Fitness/Conference-Cmty Ctr Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207695 2,092 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 207680 2,027 LAMETTRY'S COLLISION,INC LAKE Insurance Property Insurance 207923 2,018 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Fire 207783 1,955 BEACON ATHLETICS Landscape Materials/Supp Park Maintenance 207753 1,894 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications 207967 1,845 STREICHERS Clothing&Uniforms Police 207865 1,827 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 207982 1,792 VERIZON WIRELESS Wireless Subscription IT Operating 207924 1,759 OLSEN COMPANIES Machinery&Equipment Snow&Ice Control 207817 1,710 DEPARTMENT OF PUBLIC SAFETY Software Maintenance IT Operating 207900 1,692 MIDWEST COCA COLA BOTTLING COM Merchandise for Resale Concessions 207741 1,679 SURLY BREWING CO Beer Prairie View Liquor Store 207803 1,556 CHEMSEARCH Supplies-HVAC City Hall-CAM 207616 1,521 CENTERPOINT ENERGY Gas Prairie View Liquor Store 207754 1,433 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF 207993 1,429 WINE MERCHANTS INC Transportation Den Road Liquor Store 207752 1,370 US POSTMASTER Postage Water Accounting 207786 1,329 BERNICK'S WINE Wine Domestic Den Road Liquor Store 207925 1,300 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 207935 1,300 PRAIRIE LAWN AND GARDEN Operating Supplies Street Maintenance 207763 1,269 WINTER EQUIPMENT COMPANY Equipment Repair&Maint Traffic Signals 207821 1,268 ECOLAB INC Contract Svcs-Pest Control Housing and Human Svcs 207761 1,261 WINE COMPANY,THE Transportation Prairie Village Liquor Store 207843 1,216 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Senior Center 207611 1,210 BOUNDLESS NETWORK Operating Supplies Day Care 207769 1,200 ZOTA SAFETY SERVICES LLC Conference Expense Park Maintenance 207848 1,186 GREEN TOUCH SYSTEMS Roads-Dust Control Gravel Roads Dust Control 207766 1,168 WM MUELLER AND SONS INC Gravel Street Maintenance 207706 1,157 NORTHWESTERN POWER EQUIPMENT C Equipment Parts Water Treatment Plant 207860 1,146 HOME DEPOT CREDIT SERVICES Supplies-Electrical Liquor Store 1 207844 1,145 GRAINGER Equipment Parts Fleet Operating 207963 1,137 STANLEY SECURITY SOLUTIONS INC Repair&Maint.Supplies Den Road Building 207684 1,134 MATTS AUTO SERVICE INC Miscellaneous DWI Forfeiture 207966 1,060 STRAND MANUFACTURING CO INC Equipment Parts Water Treatment Plant 207884 1,055 LAB SAFETY SUPPLY INC Repair&Maint.Supplies Water System Maintenance 207922 1,047 NORTHWEST RESPIRATORY SERVICE Safety Supplies Fire 207805 1,027 CLAREYS INC Equipment Repair&Maint Sewer System Maintenance 207755 999 VISTAR CORPORATION Merchandise for Resale Concessions 207605 947 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 207891 947 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Sewer System Maintenance 207850 938 GYM WORKS Repair&Maint.Supplies Fitness Center 207983 910 VINOCOPIA Transportation Den Road Liquor Store 207858 907 HIGHWAY TECHNOLOGIES INC Repair&Maint.Supplies Water System Maintenance 207660 888 HOFF,BARRY&KOZAR,P.A. Legal Legal Council 207589 867 3D SPECIALTIES Operating Supplies Traffic Signs 207624 842 COSTCO Operating Supplies Fire 207630 841 EF JOHNSON Equipment Repair&Maint Street Maintenance 208003 837 GE CAPITAL Other Rentals Customer Service 207806 800 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Pool Maintenance 207771 799 PETTY CASH Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207808 775 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store 207997 773 WM MUELLER AND SONS INC Repair&Maint.Supplies Water System Maintenance 207824 765 EDEN PRAIRIE WINLECTRIC Equipment Repair&Maint Traffic Signals 207837 738 FOURTH JUDICIAL DISTRICT Printing Police 207896 724 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 207927 710 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#2 207984 691 VOLK ELECTRIC Other Contracted Services Environmental Education 207859 682 HOHENSTEINS INC Beer Prairie View Liquor Store 207693 680 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 207907 675 MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 207739 667 STREICHERS Clothing&Uniforms Reserves 207845 666 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 207933 641 POWERPLAN OIB Equipment Parts Fleet Operating 207631 637 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 207603 625 BATES,DON Other Contracted Services Community Band 207969 625 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 207629 621 DOHERTY,SANDRA L Other Contracted Services Volleyball 207639 600 FORTIN CONSULTING INC Other Contracted Services Environmental Education 4170 597 CERIDIAN Garnishment Withheld General Fund 207615 580 CDW GOVERNMENT INC. Other Hardware IT Operating 207902 578 MINNESOTA ATHLETIC APPAREL Clothing&Uniforms Fire 207699 577 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 207674 575 KEEPERS Clothing&Uniforms Reserves 207634 569 FASTENAL COMPANY Equipment Parts Fleet Operating 207871 569 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 207866 569 J H LARSON COMPANY Supplies-Electrical City Hall-CAM 207952 561 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 207827 557 ERBERT&GERBERT'S Training Supplies Police 207879 550 KAISER,DAVID S Operating Supplies Ice Show 207772 546 1ST LINE/LEEWES VENTURES LLC Merchandise for Resale Concessions 207894 541 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM 207956 540 SOUTH CENTRAL TECHNICAL COLLEG Tuition Reimbursement/School Fire 207853 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 207868 515 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 207598 507 AMERITRAK Other Contracted Services Snow&Ice Control 207687 507 MENARDS Building Materials Street Maintenance 207647 492 GRAPE BEGINNINGS Transportation Den Road Liquor Store 207793 477 BOURGET IMPORTS Transportation Den Road Liquor Store 207637 472 FERRELLGAS Gas Riley House 207628 462 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 207685 461 MAUI WOWI HAWAIIAN Merchandise for Resale Concessions 207810 461 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 207840 449 GE CAPITAL Other Rentals Customer Service 207666 438 JACO,LLC Misc Taxable Prairie View Liquor Store 207936 437 PREMIUM WATERS INC Operating Supplies Fire 207662 432 HOUSTON,CHRISTOPHER W Instructor Service Ice Rink#1 207796 423 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 207641 409 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 207887 405 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 207944 400 REMARKABLE REPTILES,THE Other Contracted Services Outdoor Center Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207816 395 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff 207718 390 QUALITY FLOW SYSTEMS INC Equipment Repair&Maint Sewer Liftstation 207823 389 EDEN PRAIRIE MALL LLC Building Rental Police 207938 387 PROP United Way Withheld General Fund 207820 364 DNR Awards Volleyball 207908 345 MINNESOTA MUNICIPAL BEVERAGE A Conference Expense Den Road Liquor Store 207947 340 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 207964 340 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 207814 338 CUB FOODS EDEN PRAIRIE Operating Supplies Fire 207646 337 GRAND PERE WINES INC Transportation Prairie View Liquor Store 207593 335 ABM EQUIPMENT AND SUPPLY COMPA Equipment Parts Fleet Operating 207595 330 AMERICAN BOTTLING COMPANY,THE Misc Taxable Prairie View Liquor Store 207701 324 NEW BRIGHTON FORD Equipment Parts Fleet Operating 207787 324 BERRY COFFEE COMPANY Merchandise for Resale Concessions 207795 322 BROWNING,RYAN Other Hardware IT Operating 207785 320 BERGET,LINETTE Instructor Service Outdoor Center 207942 320 QWEST Telephone IT Telephone 207725 312 SCHWAB VOLLHABER LUBRATT SERVI Supplies-HVAC City Hall-CAM 207920 301 NORTHERN AIR CORPORATION Contract Svcs-HVAC 3rd Sheet of Ice 207663 301 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance 207921 299 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 207970 283 SULLIVANS UTILITY SERVICES INC Contract Svcs-Plumbing Fire Station#3 207643 282 GETTMAN COMPANY Misc Taxable Prairie View Liquor Store 207677 280 KOESTER,CHRISTIE Accounts Receivable Community Center Admin 207703 280 NEW WORLD SYSTEMS Other Assets CIP-Bonds 207979 277 UNITED WAY United Way Withheld General Fund 207658 276 HENRY,PAUL Other Contracted Services Volleyball 207992 270 WINE COMPANY,THE Transportation Den Road Liquor Store 207715 269 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 207980 269 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 207691 266 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 207722 266 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM 207622 264 CONCRETE CUTTING&CORING INC Small Tools Street Maintenance 207854 264 HENNEPIN COUNTY TREASURER Operating Supplies Planning 207794 261 BRO-TEX INC Equipment Parts Fleet Operating 207861 256 HOPE HAVEN INC Operating Supplies Park Maintenance 207620 252 CITY OF ST LOUIS PARK Conference Expense Recreation Admin 207683 248 MASTER CRAFT LABELS INC Operating Supplies Safety Camp 207592 248 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Admin 207856 241 HEUN ENTERPRISES,INC Liquor Prairie View Liquor Store 207833 240 FIRE DEPARTMENT TRAINING NETWO Dues&Subscriptions Fire 207888 232 LEXISNEXIS Other Contracted Services Police 207652 230 HAUNG,DAISY Accounts Receivable Community Center Admin 207807 227 COMCAST LOGIS IT Operating 207809 227 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 207740 225 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage 207671 225 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 207642 223 GE CAPITAL Other Rentals Customer Service 207851 218 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Storm Drainage 207847 217 GREAT AMERICAN MARINE Repair&Maint.Supplies Fire Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207638 215 FIELDSTONE VINEYARDS Wine Domestic Prairie View Liquor Store 207751 214 UNITED RENTALS NORTHWEST INC Equipment Parts Storm Drainage 207726 214 SEA LIFE MN Other Contracted Services Environmental Education 207614 211 CATCO PARTS SERVICE Equipment Parts Fleet Operating 207597 207 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 207832 203 FINLEY BROS INC Operating Supplies Park Maintenance 207655 203 HD SUPPLY WATERWORKS LTD Equipment Parts Sewer System Maintenance 207931 202 POMP'S TIRE SERVICE INC Tires Fleet Operating 207905 202 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#5 207913 199 MOTOROLA Equipment Repair&Maint Public Safety Communications 207881 188 KIDCREATE STUDIO Other Contracted Services Environmental Education 207804 187 CHRISTIANS INC Building Permits General Fund 207937 180 PRINTERS SERVICE INC Repair&Maint.Supplies Ice Arena Maintenance 207955 179 SNAP-ON TOOLS Small Tools Fleet Operating 207798 172 CASE,RON Dues&Subscriptions City Council 207829 168 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 207978 166 UNIFORMS UNLIMITED Clothing&Uniforms Police 207782 159 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 207596 155 AMERICAN PRESSURE INC Equipment Repair&Maint Fleet Operating 207885 155 LAGERQUIST ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 207940 155 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 207880 154 KEEPERS Clothing&Uniforms Reserves 207759 150 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 207756 149 VOLK PLUMBING&HEATING Other Contracted Services Sewer Capital 207636 149 FERGUSON ENTERPRISES#1657 Supplies-Plumbing City Hall-CAM 207918 145 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 207749 142 UNDHEIM,NAOMI Mileage&Parking Community Center Admin 207688 140 METRO SALES INCORPORATED* Office Supplies Customer Service 207789 136 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security City Center Operations 207986 135 WALSER CHRYSLER JEEP Equipment Repair&Maint Fleet Operating 207758 134 WAYTEK INC Operating Supplies Park Maintenance 207867 133 JASON'S DELI Operating Supplies Police 207588 130 MUNICIPALS Other Contracted Services Organizational Services 207889 130 LIFT BRIDGE BREWERY Beer Den Road Liquor Store 207604 129 BATTERIES PLUS Supplies-Plumbing Park Shelters 207909 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 207727 126 SGC HORIZON LLC Legal Notices Publishing Street Maintenance 207951 126 SGC HORIZON LLC Legal Notices Publishing Street Maintenance 207822 125 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Communications 207836 124 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 207826 120 EPIC PRODUCTS Transportation Den Road Liquor Store 207702 120 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 207895 119 MENARDS Building Materials Street Maintenance 207728 115 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie View Liquor Store 208000 110 ZIMMERMAN,YASUE Accounts Receivable Community Center Admin 207835 110 FLYING CLOUD ANIMAL HOSPITAL Canine Supplies Police 207600 109 ARNDT,DALE Small Tools Fleet Operating 207672 108 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207777 107 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 207760 107 WILSON,JOHN D. Training Supplies Police Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207731 106 SIGNSOURCE Office Supplies Administration 207696 105 MN STATE BOARD OF ASSESSORS Licenses&Taxes Assessing 207778 105 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 207950 101 SEELYE Equipment Repair&Maint Water Treatment Plant 207692 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 207743 100 TAYLOR,EMILY Instructor Service Arts Center 207838 100 FROMM,ERIC Refunds Environmental Education 207870 100 JOHANSEN,TRACY Refunds Environmental Education 207876 100 JOHNSON,SUZY Refunds Environmental Education 207971 100 TALLA,SARATHI Refunds Environmental Education 207635 100 FEDEX Postage Human Resources 207707 99 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 207633 99 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 207930 98 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 4177 95 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 207627 93 DIRECTV Cable TV Community Center Admin 207976 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road-EP items 207842 88 GINA MARIAS INC Operating Supplies Fire 207904 85 MINNESOTA CHIEFS OF POLICE ASS Conference Expense Police 207914 84 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 207779 82 AT&T MOBILITY Pager&Cell Phone Water System Maintenance 207800 81 CENTER POINTE ENERGY Mechanical Permits General Fund 207776 80 ALEXANDRIA TECHNICAL COLLEGE Tuition Reimbursement/School Fire 207811 79 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 207791 79 BOHNSACK,SUE Mileage&Parking Senior Center Admin 207632 78 EXECUTIVE OCEAN Employee Award Internal Events 207841 77 GEMPLERS Clothing&Uniforms Water Treatment Plant 207626 76 DEZENSKI,JEFFREY Operating Supplies Fire 207650 75 GUNDERSON,CONSTANCE L. Instructor Service Arts Center 207708 73 OSI BATTERIES INC Operating Supplies Snow&Ice Control 207738 73 STAR TRIBUNE MEDIA COMPANY LLC Office Supplies Utility Operations-General 207610 72 BOUND TREE MEDICAL LLC EMS Supplies Fire 207664 71 INDUSTRIAL SUPPLY CO INC Equipment Parts Water Treatment Plant 208001 66 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 207831 66 FENRICK,PATRICIA Mileage&Parking Community Development Admin. 207653 64 HAYDEN,DOUGLAS E Operating Supplies Fire 207698 64 MPX GROUP,THE Printing Police 207864 64 INDUSTRIAL FLOOR MAINTENANCE I Equipment Parts Fleet Operating 208002 64 FSH COMMUNICATIONS LLC Telephone Round Lake 207623 64 CONSTRUCTION MATERIALS INC Repair&Maint.Supplies Storm Drainage 207737 63 ST JOSEPH EQUIPMENT INC Equipment Parts Fleet Operating 207893 59 MASS Other Contracted Services Senior Center Admin 207654 59 HD SUPPLY FACILITIES MAINTENAN Supplies-General Building City Center Operations 207903 59 MINNESOTA CHIEFS OF POLICE ASS Printing Police 207690 58 METROPOLITAN FORD Equipment Parts Fleet Operating 207602 57 ASSET RECOVERY CORPORATION Other Hardware IT Operating 207705 57 NORTHWEST LIGHTING SYSTEMS CO Repair&Maint.Supplies Cummins Grill House 207813 54 CPAC Tuition Reimbursement/School Police 207736 53 ST CROIX RECREATION CO INC Repair&Maint.Supplies Park Maintenance 207917 50 NEW BRIGHTON FORD Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 4176 50 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 207700 50 NATIONAL INSTITUTE OF MENTAL H Deposits Escrow 207682 49 MAKI,JIM Refunds Environmental Education 207799 49 CAWLEY COMPANY,THE Office Supplies Administration 207915 48 MULTIHOUSING CREDIT CONTROL Clothing&Uniforms Police 207747 47 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 207830 46 FASTENAL COMPANY Operating Supplies Traffic Signs 207612 45 BOYER TRUCKS Equipment Parts Fleet Operating 207621 45 CLARK ENGINEERING CORP Improvements to Land Parks Referendum 207953 44 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 207676 43 KOCOUREK,JOAN Clothing&Uniforms Police 207932 42 POTTER,MARY Other Revenue General Fund 207732 41 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 207644 40 GONZALEZ,JENNIFER Deposits Community Center Admin 207709 40 OSTROVIAK,SARAH Deposits Community Center Admin 207857 40 HICKMAN,JON Operating Supplies Outdoor Center 207590 37 A TO Z RENTAL CENTER Equipment Parts Fleet Operating 207939 37 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 207607 36 BECK,ANN Special Event Fees Senior Center Programs 4175 35 GENESIS EMPLOYEE BENEFITS,INC FSA-Medical General Fund 207730 33 SHRED-IT Other Contracted Services Community Center Admin 207723 33 SCHAFFER,MARJORIE Accounts Receivable Community Center Admin 207977 29 TRANSPORT GRAPHICS Repair&Maint.Supplies Fire 207812 28 CORPUZ,LEON Other Revenue General Fund 207916 28 NAMJOO,MOHAMMAD J Other Revenue General Fund 207975 27 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 207828 25 ERICSON,GAIL Refunds Environmental Education 207892 25 MARBLE,KIM Refunds Environmental Education 207906 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 207640 21 FRANKLIN,WOODROW G Clothing&Uniforms Reserves 207594 20 ADOLPHSON,KATHLEEN Deposits Community Center Admin 207599 20 ANDERSON,KENNETH Deposits Community Center Admin 207613 20 BROWN,ARLENE Deposits Community Center Admin 207649 20 GUERTIN,MARJORIE Deposits Community Center Admin 207679 20 LAFRENZ,DALE Deposits Community Center Admin 207681 20 LIU,HOWARD Deposits Community Center Admin 207724 20 SCHEIBE,DENISE Deposits Community Center Admin 207742 20 SWANSON,BRUCE Deposits Community Center Admin 207745 20 TEUT,KRISTINE Deposits Community Center Admin 207748 20 UDUPA,PADMINI Deposits Community Center Admin 207716 19 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating 207788 18 BLAKE,DAN Other Revenue General Fund 207878 18 JONGEWAARD,BENJAMIN Other Revenue General Fund 207883 18 LAABS,ELIZABETH Other Revenue General Fund 207911 18 MOORE,TAMARA Other Revenue General Fund 207949 18 SEBATIAN,PAM Other Revenue General Fund 207973 18 THOMAS,CHRISTINA Other Revenue General Fund 207991 18 WILSON,PEGGGY Other Revenue General Fund 207797 17 BURNETT KARLA Accounts Receivable Community Center Admin 207946 17 RUPP,GAYLE Accounts Receivable Community Center Admin Check# Amount Vendor/Explanation Account Description Business Unit Explanation 207989 17 WEBER,ANNETTE Accounts Receivable Community Center Admin 207606 15 BEATTIE,JOANNE Deposits Community Center Admin 207675 15 KOCH,KAREN Deposits Community Center Admin 207710 15 PARENTING EARLY YRS/PARENTING Dues&Subscriptions Youth Programs Admin 207790 14 BOHLEN,JAY Other Revenue General Fund 207875 14 JOHNSON,PAULA Other Revenue General Fund 207945 13 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 207877 12 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 207721 11 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 207678 11 KRAEMERS HARDWARE INC Supplies-Electrical Ice Arena Maintenance 207619 10 CHARLSON,MATT Accounts Receivable Community Center Admin 207665 10 J H LARSON COMPANY Repair&Maint.Supplies Prairie Village Liquor Store 207882 9 KRAEMERS HARDWARE INC Supplies-Security Historical Buildings 207656 5 HEINEN,MILLIE Accounts Receivable Community Center Admin 207733 5 SKOGLUND,JEAN Accounts Receivable Community Center Admin 207987 5 WALSH,JEANETTE Accounts Receivable Community Center Admin 207781 5 BATTERIES PLUS Equipment Repair&Maint Prairie View Liquor Store 2,454,941 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.1. City Council DEED Grant Requested Action No action requested. This is an informational item. Synopsis On April 13, the City received a letter from the Minnesota Department of Employment and Economic Development informing us that the City's application for an Innovative Business Development Public Infrastructure grant has been approved in the amount of$275,000. The grant will go toward paying for infrastructure improvements at Valley View Road and Prairie Center Drive in the Golden Triangle business park. pOJ' •'1 y Department of Employment r and Economic Development innesot April 13, 2011 The Honorable Nancy Tyra-Lukens Mayor, City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mayor Tyra-Lukens: I am pleased to inform you that the City of Eden Prairie's application for an Innovative Business Development Public Infrastructure Program grant has been approved in the amount of$275,000. We are pleased to provide this financial assistance to the city to make infrastructure improvements at Valley View Road and Prairie Center Drive within the Golden Triangle business park. This infrastructure improvement will benefit Compellent/Dell, VISI and Bose. This award will provide the necessary resources for continued economic growth and enhance employment in the community and surrounding area. All parties involved in the preparation of the city's application can be proud of this award. DEED's Business and Community Development staff will provide you with the Grant Agreements and information on the implementation of your funding award and will assist you and your staff in achieving your business and community development goals. For additional information,please contact Christine Schieber at 651.259.7461 or by e-mail at christine.schieber@state.mn.us. Finally, let me extend my congratulations to you and your staff for developing an approach that will effectively address your business and community development needs. Sincerely, Mark R. Phillips Commissioner C: David Lindahl, Economic Development Manager Business and Community Development Division 1st National Bank Building•332 Minnesota Street, Suite E200■Saint Paul, MN 55101-1351 USA■www.positivelyminnesota.corn Toll Free: 800-657-3858■Phone:651-259-7114■Fax:651-296-5287■TTY/TDD: 651-296-3900 An equal opportunity employer and service provider. 1 CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Eden Prairie Community Foundation Grant Parks and Recreation for Tents for the Great American Camp Out Motion Move to: Accept the donation from the Eden Prairie Community Foundation in the amount of$2,000 to fund five family camping tents for the "Great American Camp Out" at Riley Lake Park this summer. Synopsis The Eden Prairie Community Foundation is donating $2,000 fund the purchase of five 8-person tents suitable for families to use during the first ever outdoor camping event scheduled for Riley Lake Park this coming August. The desired outcome is to give Eden Prairie families an opportunity to experience the outdoors through camping. Families will experience an appreciation for the great outdoors through camping activities, education and activities geared towards bringing families together in an outdoor setting within a community park. Background The Eden Prairie Foundation has had a long history of supporting youth and family recreation programming. Without the foundation's willingness to purchase these tents this special event would not be possible and the joy of camping would not be able to be shared with families who may not be familiar or comfortable camping on their own. A major component to start the program is the purchase of camping tent equipment. The Outdoor Center Coordinator/Naturalist will assist with outdoor education content and experiences such as canoeing and campfire safety and other key camping supplies. Swimming at Lake Riley beach, biking, lawn games, and activities at Riley-Jacques Barn will fill the afternoon and evening for families. The event will run from Saturday afternoon to Sunday morning. Attachment Letter from Eden Prairie Community Foundation Dated April 15, 2011 MISSION STATEMENT The Eden Prairie Foundation is dedicated to fostering pride in Eden Prairie through support of community organizations and projects that create a better quality of life and make the city a special place to live and work. FOUNDMON 8080 Mitchell Road Eden Prairie,MN 55344 April 15, 2011 Phone: 952-949-8499 Nicole Weedman E-mail Address: City of Eden Prairie epfoundationOlvahoo.com Parks and Recreation Department 8080 Mitchell Road Web Address: Eden Prairie, MN 55344 www.ed ennrairiefou ndation.orq Dear Nicole: It is our great pleasure to announce that the Eden Prairie Foundation Board has BOARD OF DIRECTORS voted to partially fund the grant application you requested. The amount of Rod Anderson $2000.00 will be awarded to fund five family camping tents for the "Great Debbie Bequette American Camp Out"at Lake Riley Park. Patrick Bernal Dan Boeckermann Grants will be awarded at our annual Spring Grant Awards Breakfast on May Carol Bomben 12, 2011, at 7:30 a.m. at Olympic Hills Golf Club, 10625 Mount Curve Road, Katie Castro Eden Prairie. One representative from your organization is invited as our guest Lynne Crist for breakfast to accept the grant and speak briefly about your program. Please Laura Hookom RSVP to Lynne Crist via email at LcristL(a,aol.com by May 5,2011. Bruce Hutchins David Lindahl In our effort to verify the use of grant monies, we request that you provide us Doug Loon with some information after receiving your grant. First, please provide invoices Nancy Tyra Lukens for the purchases made with the grant monies awarded to your organization. Mary Mackmiller Please also forward a few photographs of families using the camping tents at Kathy Nelson Lake Riley Park. If possible, electronic submissions are preferred, sent to Scott Otis epfoundation@yahoo.com. We would like to use the photographs, along with Gary Stevens your feedback on how the grant monies helped your organization, in our letters, Dick Ward on our website, and in other media. (Please see the attached release form.) Our donors enjoy knowing how Foundation grants have benefited people in Eden Prairie. In the rare event that after receiving the grant, you no longer need the five family camping tents or they become fully funded by other sources, please contact us for consideration on the appropriate use of the grant monies. Cashing of the grant draft by your organization shall be your agreement to timely abide by all of the requests set forth in this letter. Invoices and photographs (along with the attached release) should be forwarded within six months of your receipt of the grant monies to: Lynne Crist/Kathy Nelson/Katie Castro Eden Prairie Foundation 8080 Mitchell Road Eden Prairie, MN 55344 Thank you for all that you do for Eden Prairie. If you have any questions, please do not hesitate to contact Lynne Crist (952-944-2023, LcristL@aol.com), Kathy Nelson(952- 941-6613, Knelson@edenprairie:org) or Katie Castro (952-476-2342, kkcastro@comcast.net). Sincerely, y Lynne Crist Kathy Nelson Katie Castro Distribution Committee Co-Chairs Eden Prairie Foundation CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Eden Prairie Community Foundation Grant Parks and Recreation for a Portable Staging system Motion Move to: Accept the donation from the Eden Prairie Community Foundation in the amount of$10,745 to fund a portable staging system for Community Band, Community Theatre and the Staring Lake Concert Series. Synopsis The Eden Prairie Community Foundation is donating $10,745 to fund mobile staging platforms specific to the needs of the City of Eden Prairie performing arts programs and events, including adjustable legs for maximum versatility and carts for safe storage and easy transportation. Background The Eden Prairie Foundation has had a long history of supporting recreational and leisure opportunities within the community and continues to do so with their commitment to purchase mobile staging for live performances by community groups and scheduled entertainers. The staging will be used by the Eden Prairie Players community theatre group, the Community Band, SoulFire teen bands and various other programs and events offered through the Parks and Recreation Department. Attachment Letter from Eden Prairie Community Foundation Dated April 15, 2011 MISSION STATEMENT The Eden Prairie Foundation is dedicated to fostering pride in Eden Prairie through support of community organizations and projects that create a better quality of life and make the city a special place to live and work. EDEN PRIME FOUNDMION 8080 Mitchell Road Eden Prairie,MN 55344 April 15, 2011 Phone: 952-949-8499 Lindsey Danhauser E-mail Address: City of Eden Prairie epfoundationavahoo.com Parks and Recreation Department 8080 Mitchell Road Web Address: Eden Prairie,MN 55344 www.edenorairiefoundation.orq Dear Lindsey: It is our great pleasure to announce that the Eden Prairie Community BOARD OF DIRECTORS Foundation Board has voted to fully fund the grant application you requested. Rod Anderson The amount of$10,745.00 will be awarded to purchase mobile staging for live Debbie Bequette performances by community groups. Patrick Bernal Dan Boeckermann One condition to fully funding your grant request is an agreement oin your part Carol Bomben to recognize our donation by including a plaque or some type of signage on the Katie Castro movable staging. The plaque or signage would thank/acknowledge the Eden Lynne Crist Prairie Community Foundation. (Please note the name change. Our letterhead Laura Hookom has not caught up with the change.) One possibility is to name the stage the Bruce Hutchins "Eden Prairie Community Foundation Stage." We also ask that the Eden Prairie David Lindahi Players, SoulFire, the Eden Prairie Senior Center and any other community Doug Loon organization using the mobile stage mention our donation in their'production Nancy Tyra Lukens programs, publicity, web sites, etc. If you have questions about thi§ condition, Mary Mackmiller please direct them to Kathy Nelson, Co-Chair of the Distribution Committee. Kathy Nelson (Kathy's contact information is below.) Scott Otis Gary Stevens Grants will be awarded at our annual Spring Grant Awards Breakfast on May Dick Ward 12, 2011, at 7:30 a.m. at Olympic Hills Golf Club, 10625 Mount Curve Road, Eden Prairie. One representative from your organization is invited as our guest for breakfast to accept the grant and speak briefly about your program. Please RSVP to Lynne Crist via email at LcristL(u aol.com by May 5,2011. 4 CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director May 3, 2011 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.3. Jay Lotthammer, Director, Eden Prairie Community Foundation Grant Parks and Recreation for Table Saw for Senior Center Woodshop Motion Move to: Accept the donation from the Eden Prairie Community Foundation in the amount of$1,600 to partially fund a new table saw for the Senior Center woodshop. Synopsis The Eden Prairie Foundation is donating $1,600 to partially fund a replacement table saw for the Senior Center woodshop. The existing table saw is 17 years old. The new SawStop professional cabinet saw will provide woodshop users with the safest table saw on the market. The saw has a safety feature which stops and retracts the blade when it comes into contact with skin. This provides unparalleled safety for the table saw user. Background The Eden Prairie Foundation has had a long history of supporting the Eden Prairie Senior Center operation. This new piece of equipment will enhance the overall woodworking capabilities of the woodshop and provide users with a table saw that ensures safety, precision and quality. The woodshop hours are the same as the Senior Center hours of operation which is Monday— Friday 8:30am—4pm. In 2010, we had over 800 duplicate users visit the woodshop for various woodworking projects. Currently there are 30 active woodshop users. Staff is seeking matching funds from the Senior Advisory Council through their special fund to cover the remaining balance of this purchase. Attachment Letter from Eden Prairie Community Foundation Dated April 15, 2011 MISSION STATEMENT The Eden Prairie Foundation is dedicated to fostering pride in Eden Prairie through support of community organizations and projects that create a better quality of life and make the city a special place to live and work. EL N PRAIRIE F uivr A rioN 8080 Mitchell Road Eden Prairie,MN 55344 April 15, 2011 Phone: 952-949-8499 Sue Bohnsack E-mail Address: City of Eden Prairie Senior Center eofoundation@vahoo.com 8950 Eden Prairie Road Eden Prairie, MN 55347 Web Address: www.edenorairiefoundation.orq Dear Sue: It is our great pleasure to announce that the Eden Prairie Foundation'Board has voted to partially fund the grant application you requested. The amount of BOARD OF DIRECTORS .$1600.00 will be awarded to partially fund a table saw for the Senior Center Rod Anderson workshop. Debbie Bequette Patrick Bernal Grants will be awarded at our annual Spring Grant Awards Breakfast on May Dan Boeckermann 12, 2011, at 7:30 a.m. at Olympic Hills Golf Club, 10625 Mount Curve Road, Carol Bomben Eden Prairie. One representative from your organization is invited as our guest Katie Castro for breakfast to accept the grant and speak briefly about your prograsrn. Please Lynne Crist RSVP to Lynne Crist via email at Lcr,istL(a�aol.com by May 5, 2011. Laura Hookom Bruce Hutchins In our effort to verify the use of grant monies, we request that you provide us David Lindahl with some information after receiving your grant. First, please provide an Doug Loon invoice for the purchase made with the grant monies awarded to your Nancy Tyra Lukens organization. Please also forward a fe_w photographs of pew ��ing_the Mary Mackmiller b Z urc table saw at the EP Senior Center. If possible, electronic submissions Kathy Nelson are preferred, sent to epfoundation@yahoo.com. We would like to use the Scott Otis photographs, along with your feedback on how the grant monies helped your Gary Stevens organization, in our letters, on our website, and in other media. (Please see the Dick Ward attached release form.) Our donors enjoy knowing how Foundation grants have benefited people in Eden Prairie. In the rare event that after receiving the grant, you no longer need the:table saw or it becomes fully funded by other sources, please contact us for consideration on the appropriate use of the grant monies. Cashing of the grant draft by your organization shall be your agreement to timely abide by all of the requests set forth in this letter. Invoices and photographs (along with the attached release) should be forwarded within six months of your receipt of the grant monies to: Lynne Crist/Kathy Nelson/Katie Castro Eden Prairie Foundation 8080 Mitchell Road Eden Prairie, MN 55344 Thank you for all that you do for Eden Prairie. If you have any questions,please do not hesitate to contact Lynne Crist(952-944-2023, LcristL@aol.com),Kathy Nelson (952- 941-6613, Knelson@edenprairie.org)or Katie Castro (952-476-2342, kkcastro@comcast.net). Sincerely, 471--/24- Lynne Crist Kathy Nelson Katie Castro Distribution Committee Co-Chairs Eden Prairie Foundation 9 x