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HomeMy WebLinkAboutCity Council - 06/14/2011 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JUNE 14, 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, Interim Public Works Director Rod Rue, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Siira Gunderson, and Recorder Lorene McWaters Heritage Room II I. 2012-2013 BUDGET DISCUSSION Council Chamber II. OPEN PODIUM III. ADJOURNMENT 2012-2013 Budget Discussion City of Eden Prairie June 14, 2011 History “Financial Crisis” -2009 $1,000,000 revenue shortfall Reduction of 12.35 FTE city positions in 2009 2010 Employee Concessions –No Wage Increase 2011 Service Reductions -$679,682 Current $1,300,000 budget imbalance Efficiencies Use of Technology –Several Departments Fire Department Purchasing Partnerships Community Development Service Partnerships Public Works Utility and Street Repairs 20-40-15 Examples Cost Savings Deer Management Program Portable Toilets Ice Rinks and Warming Houses Fleet Vehicles Innovation Fire Department –Modified Response Matrix Police Department –CompStat Birthday Party and Sponsorship Brochure Goals for 2012-2013 Budget Operational Enhance service levels in public safety and the maintenance of infrastructure Preserve all other city service levels using the same resources Organizational Sustain current levels of employee morale and engagement Inspire creativity, innovation and strategic thinking Overall Continue to improve Eden Prairie’s relative position in fiscal comparisons with comparable cities Preserve Eden Prairie’s exceptional image internally and externally 2012-2013 General Fund Budget 1.4% 3.1% 3.5% 4.4% 2012-2013 General Fund Budget Includes funding for 2% average wage increase for employees, including step increases Includes additional funding for two new police officer positions Includes funding for Fire Department Duty Crew Initiative Includes funding for a Community Development tech position to replace the former Adm. Asst. position Other staffing and service levels remain the same 2012-2013 General Fund Budget Budget 2012:3.5%-4.4% increase Budget 2013:2.1%-2.7% increase Levy 2012:1.7%-2.2% increase Assessed Values Forecast General Fund Adjusted 2011 Estimated 2012 Estimated 2013 Revenue 35,550,716 37,004,816 37,721,361 Expense 36,891,313 38,790,352 39,562,470 Difference (1,340,597)(1,785,535)(1,841,109) Budget Stabilization Fund 4,470,035 2,684,500 843,391 2012-2013 Version 1.0 General Fund Adjusted 2011 Estimated 2012 Estimated 2013 Revenue 35,550,716 37,167,337 38,215,398 Expense 36,891,313 38,510,934 39,558,995 Difference (1,340,597)(1,343,597)(1,343,597) Budget Stabilization Fund 4,470,035 3,126,438 1,782,841 Deficit Reduction Strategies Use of Tax Levy Fill back to match with decreasing debt obligations Create stabilization strategy for development revenue Capital Funding Strategy Other 2012-2013 Budget Issues Lower future debt levies CIP levy frozen at 2009 level HRA levy frozen at 2009 level Work of the BAC -Capital expenditure review Franchise Fee potential Development revenues Potential MVHC program changes Fiscal Disparity Contribution Next Steps June-July Budget Briefings July 19 Proposed 2012-2013 Budget Sep 6 City Council sets preliminary 2012 tax levy in meeting Dec 15 Council approves 2012 budget AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 14, 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, Interim Public Works Director Rod Rue, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Siira Gunderson 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. EDEN PRAIRIE PLAYERS PROCLAMATION B. PRESENTATION OF POLICE LETTER OF RECOGNITION C. CONSERVATION COMMISSION PRESENTATION ON GREEN STEP PROGRAM (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. REDSTONE AMERICAN GRILL by Jim Sultany. Second Reading of the Ordinance for Planned Unit Development District Review on 2.97 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres, Resolution for Site Plan Review on 2.97 acres. Location: 8000 Den Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) CITY COUNCIL AGENDA June 14, 2011 Page 2 C. APPROVE ELECTION EQUIPMENT CONTRACT BETWEEN HENNEPIN COUNTY, CITY OF EDEN PRAIRIE & SCHOOL DISTRICT 272 D. APPROVE ANNUAL REPORT FOR THE NPDES STORMWATER PERMIT PROGRAM E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR ANNUAL STORMWATER POND INVENTORY PROGRAM F. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CHEROKEE TRAIL UTILITY IMPROVEMENTS G. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR VALLEY VIEW ROAD / PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS AND AUTHORIZE PURCHASE OF SIGNAL EQUIPMENT H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED IX. PUBLIC HEARINGS / MEETINGS A. T-MOBILE by T-Mobile. Request for Site Plan Review on 2.93 acres. Location: 7595 Anagram Drive (Resolution for Site Plan Review) B. SMITH DOUGLAS MORE HOUSE-DUNN BROTHERS COA - Certificate of Appropriateness for demolition of the work shed and construction of a trash enclosure for the Smith Douglas More House C. SUMMIT PLACE SENIOR HOUSING PROJECT – RESOLUTION RESCINDING RESOLUTION 2008-71 AND RESOLUTION MODIFYING REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENTS ON COMMISSIONS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA June 14, 2011 Page 3 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eden Prairie Soccer Club Donation 2. Friends of the Arts Center Donation E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT AGENDA CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, JUNE 14, 2011 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra- Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Interim Public Works Director Rod Rue, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks & Recreation Director Jay Lotthammer, City Attorney Siira Gunderson, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 7, 2010 III. RESOLUTION RESCINDING HRA RESOLUTION 2008-02 AND RESOLUTION ADOPTING MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5 AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 IV. ADJOURNMENT UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 7, 2010 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Phil Young, Commissioners Brad Aho, Ron Case, Jon Duckstad and Kathy Nelson CITY STAFF: Interim City Manager Jay Lotthammer, Public Works Director Eugene Dietz, Community Development Director Janet Jeremiah, City Attorney Ric Rosow, Finance Director Sue Kotchevar and Recorder Jan Curielli I. ROLL CALL / CALL THE MEETING TO ORDER Chair Young called the meeting to order at 7:01 PM in shared session with the Council meeting. All members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 7, 2010 MOTION: Duckstad moved, seconded by Case, to approve the minutes of the HRA meeting held on September 7, 2010 as published. Motion carried 5-0. III. ADOPT RESOLUTION HRA 2010-02 CERTIFYING THE 2011 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING THE 2011 HRA BUDGET OF $200,000 Lotthammer said on September 7, 2010, the HRA approved the proposed 2011 HRA property tax levy and budget. Also on September 7, 2010, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2011 HRA property tax levy. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. MOTION: Case moved, seconded by Nelson, to adopt Resolution HRA 2010-02 certifying the 2011 Property Tax levy to be $200,000 and approving the 2011 Budget of $200,000 as reviewed by the Council. Motion carried 5-0. IV. ADJOURNMENT MOTION: Duckstad moved, seconded by Aho, to adjourn the HRA. Motion carried 5-0. Chair Young adjourned the HRA meeting at 7:03 PM. HRA AGENDA DATE: June 14, 2011 SERVICE AREA: Community Development: Janet Jeremiah David Lindahl ITEM DESCRIPTION: Resolutions amending TIF District #15 – Summit Place Senior Housing Project. ITEM NO. Requested Action: Move to: • Adopt the Resolution rescinding HRA Resolution 2008-02; and • Adopt the Resolution adopting a modification to the Redevelopment Plan for Redevelopment Project No. 5, adopting a modified tax increment financing plan for Tax Increment Financing District No. 15 therefor, and pledging and assigning tax increments from District No. 15 to the City of Eden Prairie 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 uni t 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. Attachments: Resolutions HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2011- A RESOLUTION RESCINDING HRA RESOLUTION 2008-02 WHICH GRANTED APPROVAL OF THE AMENDMENT TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 BE IT RESOLVED by the Board of Commissioners (the “Commissioners”) of the Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the “Authority”), as follows: Section 1. Recitals. 1.01. On December 17, 1996, the Authority, pursuant to Minnesota Statutes section 469.001 to 469.047, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the “Project Plan”) for redevelopment Project No. 5 (the “Project Area”) and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14 (the “Redevelopment Project”). 1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the “Act”), the HRA approved establishment of Tax Increment Financing District No. 15 (the “District”) and approved a Tax Increment Financing Plan therefor (the “Original TIF Plan”) on July 20, 1999. 1.03. Pursuant to the Act, the City on July 15, 2008, the Authority adopted Resolution 2008-02 which approved the Amendment to Tax Increment Financing Plan for Tax Increment Financing (“Qualified Housing”), District No. 15 (Eden Shores Senior Housing Campus, Phase II Expansion) (the “Amended TIF Plan”). 1.04. The Developer determined not to execute an amendment to the Project Management Agreement which incorporated the terms of the Amendment to the Tax Increment Financing Plan and accordingly the City did not file the Amended TIF Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes section 469.175, Subd. 4a. 1.05. Pursuant to Act, the Authority has before it for consideration and approval a Modification of the Original TIF Plan, which Modification has been adopted by the Authority. 1.06. The Authority has been advised that it is appropriate to rescind Resolution No. 2008-02 which approved, ratified, established, and adopted the Amended TIF Plan. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City Council of the City of Eden Prairie, Minnesota, that Resolution 2008-02 is hereby rescinded. 2 ADOPTED by the Housing and Redevelopment Authority on June 14, 2011. ___________________________ Nancy Tyra-Lukens, Chair ATTEST: ______________________________ Rick Getschow, Executive Director EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA RESOLUTION NO. __________ RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 5, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 THEREFOR. WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the Eden Prairie Housing and Redevelopment Authority (the "HRA") and the City of Eden Prairie (the "City") that the City adopt a modification to the Redevelopment Plan (the " Redevelopment Plan Modification") for Redevelopment Project No. 5 (the "Project Area") and modify Tax Increment Financing District No. 15 and adopt a modified Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to 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, inclusive, as amended (the "Act"), all as reflected in the Modifications and presented for the Board's consideration; and WHEREAS, tax Increment from the TIF District has been used to pay for certain development costs and provide affordable senior housing units at Summit Place senior campus. The Modifications will allow the City and HRA 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; and WHEREAS, the HRA has investigated the facts relating to the Modifications and has caused the Modifications to be prepared; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Modifications, and has also requested that the City Planning Commission provide for review of and written comment on the Modifications and that the Council schedule a public hearing on the Modifications upon published notice as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The HRA hereby finds that the Plans are intended and, in the judgment of this Board, the effect of such actions will be, to provide an impetus for development in the public purposes and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. 2. The HRA further finds that the Plans will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the provision of affordably housing by a private developer financially feasible. 3. The boundaries of the Project Area and the TIF District are not being expanded. 4. The reasons and facts supporting the findings in this resolution are described in the Modifications. 2 5. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Modifications are hereby approved in substantially the form presented to the HRA on this date, subject to revisions that are approved by legal counsel to the extent necessary in order to comply with the Act. 6. Upon approval of the Modifications by the City Council, the staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Modifications does not constitute approval of any project or a development agreement with any developer. 7. Upon approval of the Modifications by the City Council, the Executive Director is authorized and directed to forward a copy of the Modifications to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. Approved by the Board of Commissioners of the Eden Prairie Housing and Redevelopment Authority this 14th day of June, 2011. ___________________________________ President ATTEST: ___________________________________ Secretary ANNOTATED AGENDA DATE: June 10, 2011 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 14, 2011 ___________________________________________________________________________________________ TUESDAY, JUNE 14, 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. EDEN PRAIRIE PLAYERS PROCLAMATION Members of the Eden Prairie Players will say a few words about the group’s activities and Mayor Tyra-Lukens will read and present the proclamation. B. PRESENTATION OF POLICE LETTER OF RECOGNITION Award recipients John Finch and Joseph Passofaro will be recognized by Police Chief Rob Reynolds for their efforts in stopping the suspect in a purse snatching incident that occurred in the parking lot of Cub Foods on May 17, 2011. The victim in the incident, Susan Schumacher will also be attendance. C. CONSERVATION COMMISSION GREENSTEP CITIES PROGRAM PRESENTATION (Resolution) The Conservation Commission will present a PowerPoint on the GreenStep Cities Program. ANNOTATED AGENDA June 14, 2011 Page 2 Synopsis: Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program managed by the Minnesota Pollution Control Agency (MPCA) to help cities achieve their sustainability goals through implementation of 28 best practices. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. In 2011 the Conservation Commission began evaluating the requirements to participate in the GreenStep Cities Program. The Commission received presentations from City Staff, MPCA and from the City of Edina Energy and Environment Commission. The Conservation Commission has determined that Eden Prairie is a Category “A” City as defined by the program. Eden Prairie needs to implement 16 out of 28 best practices to complete the program. MOTION: Move to adopt the Resolution authorizing the City of Eden Prairie to participate in the Minnesota GreenStep Cities Program. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17, 2011 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 2011 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-G on the Consent Calendar. A. CLERK’S LICENSE LIST B. REDSTONE AMERICAN GRILL by Jim Sultany. Second Reading of the Ordinance for Planned Unit Development District Review on 2.97 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres, Resolution for Site Plan Review on 2.97 acres. Location: 8000 Den Road. (Ordinance for PUD District Review and Zoning District Amendment; Resolution for Site Plan Review) C. APPROVE ELECTION EQUIPMENT CONTRACT BETWEEN HENNEPIN COUNTY, CITY OF EDEN PRAIRIE & SCHOOL DISTRICT 272 D APPROVE ANNUAL REPORT FOR THE NPDES STORMWATER PERMIT PROGRAM ANNOTATED AGENDA June 14, 2011 Page 3 E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES FOR ANNUAL STORMWATER POND INVENTORY PROGRAM F. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CHEROKEE TRAIL UTILITY IMPROVEMENTS G. ADOPT RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR VALLEY VIEW ROAD / PRAIRIE CENTER DRIVE INTERSECTION IMPROVEMENTS AND AUTHORIZE PURCHASE OF SIGNAL EQUIPMENT H. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED IX. PUBLIC HEARINGS / MEETINGS A. T-MOBILE by T-Mobile. Request for Site Plan Review on 2.93 acres. Location: 7595 Anagram Drive (Resolution for Site Plan Review) Official notice of this public hearing was published in the June 2, 2011, Eden Prairie News and sent to 116 property owners. Synopsis: This is an integration of a telecommunication antenna on an existing 100 foot Xcel Energy tower for a total of 110 feet. The maximum height of a tower shall not exceed one foot of height for every four feet the tower is set back from a rural or residential zoned district. The 110 foot tower height would require a setback of 440 feet. The existing tower is 320 feet from the residential zoned district. City code states that “a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure”. The developer seeks integration of the antenna with the existing tower and the Council’s support for the 320-foot setback. The 120-Day Review Period Expires August 12, 2011.The Planning Commission voted 6-0 to recommend approval of the developer’s option at its May 23, 2011 meeting. The unapproved minutes for this meeting are not available at this time. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 2.93 acres B. SMITH DOUGLAS MORE HOUSE-DUNN BROTHERS COA - Certificate of Appropriateness for demolition of the work shed and construction of a trash enclosure for the Smith Douglas More House Official notice of this public hearing was published in the June 2, 2011, Eden Prairie News and sent to 80 property owners. ANNOTATED AGENDA June 14, 2011 Page 4 Synopsis: The Smith-Douglas-More house located at 8107 Eden Prairie Road was designated a Heritage Preservation Site on September 16, 1997. The property is also eligible for registration as a National Register of Historic Places property. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed plans for the demolition of the workshop building (Dunn Bros. trash storage building), and new trash enclosure, to ensure compliance with these standards. The City Council approves the Certificate of Appropriateness. This Certificate of Appropriateness will approve the following items: Workshop: The City is requesting approval of a Certificate of Appropriateness for demolition due to the workshop buildings advanced state of dilapidation. Given the current condition of the building, and the concern for the safety of Dunn Bros. employees and the public, it is recommended that the building be removed. Prior to demolition any significant features or materials will be salvaged for reuse, or conveyed to the Eden Prairie Historical Society. Trash enclosure: The workshop building was used by Dunn bros. to store trash bins, but due to the condition of the building trash bins are now being stored outdoors behind the store. MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2011-01-032 for the Dunn Bros. Coffee Store Site Improvements Plan C. SUMMIT PLACE SENIOR HOUSING PROJECT – RESOLUTION RESCINDING RESOLUTION 2008-71 AND RESOLUTION MODIFYING REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO.5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 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 June 14, 2011 Page 5 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 a portion of the total units for seniors with incomes below 50% of the median income for the metro area. MOTION: Move to close the public hearing. HRA MEETING I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 7, 2010 MOTION: Move to approve the minutes of the HRA meeting held on December 7, 2010. III. RESOLUTION RESCINDING HRA RESOLUTION 2008-02 AND RESOLUTION ADOPTING MODIFICATION TO THE REDEVELOPMENT PLAN FOR RE- DEVELOPMENT PROJECT NO. 5 AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 15 MOTION: Move to: • Adopt the Resolution rescinding HRA Resolution 2008-02; and • Adopt the Resolution adopting a modification to the Redevelopment Plan for Redevelopment Project No. 5, adopting a modified tax increment financing plan for Tax Increment Financing District No. 15 therefor, and pledging and assigning tax increments from District No. 15 to the City of Eden Prairie IV. ADJOURNMENT OF HRA MOTION: Move to adjourn the HRA. CITY COUNCIL MEETING MOTION: Move to: • Adopt the resolution rescinding Resolution 2008-71; and • Adopt the 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 district No. 15. ANNOTATED AGENDA June 14, 2011 Page 6 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 A. STUDENTS ON COMMISSIONS Synopsis: We received 17 applications for the 2011-2012 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. All 17 student applicants are being recommended for appointment. The Fall Students on Commission term is from September through December 2011. The Spring term is from January 2012 through April 2012. An orientation session will be held during the late summer. Motion: Move to: • Appoint to the Arts & Culture Commission: Jamie Bernard for the Fall term; and Nafisa Mahamud and Roseann Awad for the Fall and Spring terms; and • Appoint to the Budget Advisory Commission: Charles Adams for the Fall and Spring terms; and • Appoint to the Conservation Commission: Kelly Hallowell for the Fall term; Yasmin Atef-Vahid for the Spring term; and McKenna Campbell-Potter and Rebecca Ebert for the Fall and Spring terms; and • Appoint to the Flying Cloud Airport Advisory Commission: Kevin Gadel and John Bowman for the Fall and Spring terms; and • Appoint to the Heritage Preservation Commission: Metadel Lee for the Spring term and Ian English for the Fall and Spring terms; and • Appoint to the Human Rights and Diversity Commission: Ramla Mahamud and Camrie Vlasek for the Fall and Spring terms; and • Appoint to the Parks, Recreation, and Natural Resources Commission: Joseph Schmit for the Fall term; and Katie Ostendorf and Liz Powell for the Fall and Spring terms. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA June 14, 2011 Page 7 B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Eden Prairie Soccer Club Donation Synopsis: The Eden Prairie Soccer Club is donating $4,000 to fund one set of soccer goals and two pair of soccer nets to be used on fields 12 and 13 at Miller Park. The Eden Prairie Soccer Club offers a competitive youth soccer program that includes travel leagues for youth ages 7 and up. They offer play in the spring and fall, including a winter indoor training program. The Eden Prairie Soccer Club serves over 900 players throughout the year. On July 8-10, 2011, the Eden Prairie Soccer Club will host the Eden Prairie Cup at Miller Park. This soccer tournament consists of 30 brackets featuring teams from 7 states and several foreign countries. MOTION: Move to accept the donation from the Eden Prairie Soccer Club in the amount of $4,000 to fund a new set of soccer goals and new soccer nets at Miller Park. 2. Friends of the Arts Center Donation Synopsis: On May 12, 2011, the City of Eden Prairie received a letter from the Friends of the Eden Prairie Art Center informing us that we would be receiving a donation for over $10,000 for capital purchase items to go towards new arts programming opportunities at the Art Center. In addition, the Friends of the Eden Prairie Art Center have made the decision to discontinue fundraising for the Eden Prairie Art Center, after successfully raising funds over the past two years through various fundraising events including the following: • Printmaking and Pinwheels at the Community Center • Middle School Art Night at CMS • “Putting it all Together” event in the Garden Room • Jewelry event at Aurora Jewelers • Wine Tasting event in Chanhassen • Art Crawl Sneak Peak event at the Flagship Salon • Jewelry-making event at the Art Center MOTION: Move to accept the donation from the Friends of the Eden Prairie Art Center in the amount of $10,368.10 to fund capital purchase items required for new arts programming at the Eden Prairie Art Center. ANNOTATED AGENDA June 14, 2011 Page 8 E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the mission of the Eden Prairie Players is to enhance the quality of life for the people of greater Eden Prairie through the theater experience by inspiring, nurturing, challenging, educating and empowering artists, audiences and volunteers; and WHEREAS, the Eden Prairie Players provide residents with access to high quality theater performances; and WHEREAS, thousands of Eden Prairie residents participate in our programs each year by attending performances, volunteering and acting in our shows; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the Eden Prairie Players in this, their twentieth season providing live theater in Eden Prairie; and WHEREAS, Community Theater Day recognizes the Eden Prairie Players are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim June 17, 2011, to be Community Theater Day ADOPTED BY the Eden Prairie City Council on this 14th day of June 2011. Nancy Tyra-Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson ITEM NO.: IV.A. CITY COUNCIL AGENDA SECTION: Proclamations & Presentations DATE: June 14, 2011 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Regina Rojas ITEM DESCRIPTION: GreenStep Cities Program ITEM NO.: IV.C. Requested Action Move to: • Adopt the Resolution authorizing the City of Eden Prairie to participate in the Minnesota GreenStep Cities Program. Synopsis Minnesota GreenStep Cities is a voluntary challenge, assistance and recognition program managed by the Minnesota Pollution Control Agency (MPCA) to help cities achieve their sustainability goals through implementation of 28 best practices. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. Background Information In 2011 the Conservation Commission began evaluating the requirements to participate in the GreenStep Cities Program. The Commission received presentations from City Staff, MPCA and from the City of Edina Energy and Environment Commission. The Conservation Commission has determined that Eden Prairie is a Category “A” City as defined by the program. Eden Prairie needs to implement 16 out of 28 best practices to complete the program. Attachments 1. Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY MINNESOTA RESOLUTION NO. 2011-_____ A RESOLUTION AUTHORIZING THE CITY OF EDEN PRAIRIE TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM WHEREAS, the City of Eden Prairie created the Citizen Advisory Conservation Commission (“CACC”) in 2006 to advise the City Council and staff about policies and practices that promote the sustainable development and conservation of Eden Prairie’s air, water, and land resources; reduction of residential and commercial solid waste; and the more efficient use of energy in the economic activities of both the public and private sectors; and WHEREAS, the City of Eden Prairie has signed the U.S. Mayor’s Climate Protection Agreement; and WHEREAS, the City of Eden Prairie developed the 20-40-15 initiative, aimed at increasing efficiency in City-owned facilities by 20 percent, improving the fuel efficiency in the City’s vehicle fleet by 40 percent and accomplishing these goals by 2015; and WHEREAS, Minnesota Session Laws 2008, Chapter 356, Section 13 directed the Minnesota Pollution Control Agency (“MPCA”) and Office of Energy Security in the Department of Commerce (“Office of Energy Security”), in collaboration with Clean Energy Resource Teams (“CERTs”), to recommend municipal actions and policies that work toward meeting the State’s greenhouse gas emissions reduction goals; and WHEREAS, a broad coalition of public and private stakeholders including the League of Minnesota Cities, the MPCA, Office of Energy Security and CERTs responded to the 2008 legislation by establishing the Minnesota GreenStep Cities program to provide a series of sustainable development best practices focusing on local government opportunities to reduce energy use and greenhouse gases; and WHEREAS, the Minnesota GreenStep Cities program assists in facilitating technical assistance for the implementation of these sustainable development best practices; and WHEREAS, the Minnesota GreenStep Cities program provides cost-effective sustainable development best practices in the following five categories: (1) Buildings and Lighting; (2) Transportation; (3) Land Use; (4) Environmental Management; and (5) Economic and Community Development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie does hereby authorize the City of Eden Prairie (the “City”) to participate in the Minnesota Green Step Cities program. Be it future resolved that the City: 1. Appoints Regina Rojas, Planner II and staff liaison to the Conservation Commission to serve as the city’s GreenStep coordinator to facilitate best practice implementation; and 2. Will facilitate the involvement of Citizen Advisory Conservation Commission, City staff, community members, civic, business and educational organizations, and other units of government as appropriate in the planning, promoting and implementing of GreenStep Cities best practices; and 3. Will identify a short list of best practices for initial implementation by June 14, 2012; and 4. Will report having implemented and will implement in total at least 16 required and optional GreenStep best practices that will result in energy use reduction, economic savings and reduction in the community’s greenhouse gas footprint. A summary of the city’s implementation of best practices will be posted on the Minnesota GreenStep Cities web site. ADOPTED by the City Council of the City of Eden Prairie this 14th day of June, 2011. _______________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk GreenStep Cities: Eden Prairie’s Next Step Eden Prairie City Council June 14, 2011 What is GreenStep Cities? New voluntary program for Minnesota cities to easily implement energy conservation and environmentally sustainable best practices. Supported by: League of Minnesota Cities Minnesota Pollution Control Agency Minnesota Office of Energy Security Clean Energy Resource Teams Great Plains Institute Izzak Walton League Urban Land Institute What is GreenStep Cities? Minnesota specific; geared for small cities Provides recognition and award Provides assistance and peer learning Allows flexibility with each best practice Promotes innovation and action Why GreenStep Cities? Recognizes accomplishments of 20-40-15 program Builds on U.S. Mayor’s Climate Protection Agreement Showcases EP as a leader in conservation Allows EP to further live up to our status of #1 Best Place to Live Gives credit to many GreenStep practices already in place in EP Who is doing GreenStep Cities? Hopkins Edina St. Louis Park Bloomington Apple Valley Falcon Heights Rochester 16 others Program Components Land Use Transportation Building and Lighting Environmental Management Economic and Community Development Building and LightingEfficient Existing Public Buildings –REQUIRED NEED 2Efficient Existing Private Buildings New Green Buildings Efficient Building & Street Lighting & Signals Building Reuse Land UseComprehensive Planning and Implementation -REQUIRED NEED 2Higher Density Efficient and Healthy Development Patterns Efficient Highway-oriented Development Conservation Design TransportationComplete Green Streets -REQUIRED NEED 2Mobility Options -REQUIRED Efficient City Fleets Demand-side Travel Planning EnvironmentalManagementEnvironmentally Preferable Purchasing–REQUIRED NEED 4Urban Forests -REQUIRED Efficient Stormwater Management -REQUIRED Green Infrastructure Surface Water Quality Efficient Water and Wastewater Facilities Septic Systems Solid Waste Reduction Local Air Quality Economic & Community DevelopmentBenchmarks and Community Engagement-REQUIRED NEED 3Green Business Development -REQUIRED Renewable Energy Local Food Business Synergies Steps of GreenSteps Build community interest (CACC, staff) Identify completed and missing best practices 13 of 16 complete; 6 required practices needed Identify responsible individual to manage project, input data Adopt resolution at City Council level Post info on best practices already implemented Develop work plan and begin implementing additional best practices Get recognized Questions? UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 17, 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. COMPLETE STREET CONCEPT Public Works Director Gene Dietz presented a PowerPoint on the “complete street” concept staff is proposing for Baker Road between St. Andrew Drive and Highway 62. Dietz said he and Assistant City Engineer Randy Newton attended a Sensible Land Use Coalition seminar on the topic in March. The “complete street” concept involves designing or redesigning roadways to better accommodate all types of users – motor vehicles, pedestrians and bicycles. When staff learned of Hennepin County’s plans to mill and overlay Baker Road, they determined this portion of roadway could economically be converted to a “complete street.” The street currently has four 13’ traffic lanes with an 8’ trail on the east side and a 5’ sidewalk on the west side. The redesigned roadway would have three driving lanes (one 12’ lane going in each direction and a 14’ center turning lane), a 7’ shoulder on each side, an 8’ trail to the east and a 5’ sidewalk to the west. Dietz said the reconfigured 3-lane roadway would have several safety advantages, including traffic calming and provision of a buffer between vehicles and pedestrians/bicyclists. The design would also improve snow removal management. Dietz said the design of the terminus is yet to be determined, and if the City Council is interested in pursuing the 3-lane design staff would hire consulting firm SRF to assist with that. There was general consensus among the Council Members that they would like to forward the concept to Hennepin County for consideration. The Council Members also requested that staff hold an open house for the neighborhood to inform them of the plans and solicit input. ITEM NO.: VI.A. City Council Workshop Minutes May 17, 2011 Page 2 II. AUDITORS REPORT Steve Wischmann, partner at Kern, Dewenter, Viere, presented a PowerPoint of firm’s audit of the City’s 2010 financial results. He said the audit resulted in issuance of a “clean” rating for the City, the highest possible rating. Wischmann said the City’s spending came within one-half of one percent of budget, which is excellent especially considering the current tough economic conditions. Finance Manager Sue Kotchevar distributed a draft copy of updated financial policies. Kotchevar said the changes consist mainly of minor wording revisions. She said staff is asking the City Council to approve these changes at the Council Meeting tonight. Council Member Kathy Nelson said she wishes the finance policy was not on the consent agenda, so it could be discussed. She said she is concerned that the policy does not talk about innovation in how the City does business. City Manager Rick Getschow said the finance policy is mainly a technical tool that outlines how funds are transferred and reporting guidelines. He suggested that there might be another avenue for articulating the City’s commitment to innovation, such as the mission statement. Nelson said she does not disagree with anything in the proposed policy, but wants to address innovation at some point. Council Chamber III. OPEN PODIUM A. MICHAEL SIR – WILD ANIMAL/EXOTIC PET ORDINANCE Mr. Sir said about a year ago he adopted a dog from a shelter. He later learned the dog may be part wolf. Sir said after a neighbor lodged an unrelated complaint about the dog, he was told by the Police Department that wolf hybrids are not allowed in Eden Prairie. Sir said the dog is very gentle and asked the City Council to help find a way for him and his family to keep the dog. City Manager Rick Getschow asked police chief Rob Reynolds to further research the matter and work with the Sir family on determining whether or not the dog is part wolf and whether or not an exception to the ordinance is possible. B. JOHN MALLO AND CHERYL LARSON– SENIOR CENTER SAW PURCHASE Mr. Mallo and Ms. Larson expressed concerns about a saw purchased by the Senior Center for the Wood Shop. Mallo asked why the saw was not purchased from an Eden Prairie distributor. Mallo asked the City Council to consider adopting a “buy local” policy. Mayor Tyra-Lukens said buying local is more complex than it first appears. She thinks buying local is a good idea when possible, but would hesitate to institute a formal policy. IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 17, 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. II. COLOR GUARD / PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2010 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Getschow said Minnesota statutes require by June 30 of each year, the City prepare a financial report for the previous year. This accounting report will be forwarded to the State by that deadline. Preparation of the report is largely the work of the Finance Division. The report is prepared with review by the independent auditing firm of Kern, Dewenter, Viere, Ltd. The auditing firm issued an unqualified opinion which is the highest level of opinion the City can receive and means the auditor believe the financial statements are fairly presented in all material respects. Mr. Wischmann, partner in the accounting firm, said three documents are issued as part of the process. The Comprehensive Annual Financial Report is the official document, and that report will be submitted for approval of the Certificate of Achievement Award given for the highest level in excellence in reporting. He said the City had a very stable 2010 and remains in excellent financial condition. Tyra-Lukens noted the Council had a workshop prior to tonight’s meeting to meet with Mr. Wischmann and to review the financial documents. MOTION: Nelson moved, seconded by Butcher Wickstrom, to accept the 2010 Comprehensive Annual Financial Report (CAFR). Nelson thanked the Finance Department for helping to keep us in this wonderful condition. ITEM NO.: IV.B. CITY COUNCIL MINUTES May 17, 2011 Page 2 VOTE ON THE MOTION: Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Tyra-Lukens added Items XIV.A.1. and 2. Getschow said there are two Consent Calendar items on goldenrod paper including one additional item. Rosow noted the Council will meet in closed session before adjourning. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2011 Tyra-Lukens said Page 2, Paragraph 1, Sentence 2, should be changed to “She would like to know if they have fees or other funding mechanisms that should be considered in looking at the overall tax burden.” MOTION: Case moved, seconded by Aho, to approve the minutes of the City Council workshop held Tuesday, May 3, 2011, as amended. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2011 MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, May 3, 2011, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. WEDDING DAY DIAMONDS by Tanek, Inc. Second Reading of Ordinance No. 5-2011-PUD-2-2011 for Planned Unit Development District Review on 0.69 acres and Zoning District Amendment within the Commercial Regional Service Zoning District on 0.69 acres, Resolution No. 2011-39 for Site Plan Review on 0.69 acres. Location: 8320 Crystal View Rd. (Ordinance No. 5-2011-PUD-2-2011 for PUD District Review and Zoning District Amendment; Resolution No. 2011-39 for Site Plan Review) C. RIDGE AT RILEY CREEK 4TH ADDITION by JMS Custom Homes, LLC. Second Reading of Ordinance No. 6-2011-PUD-3-2011 for Planned Unit Development District Review on 0.65 acres and Zoning District Amendment within the R1-13.5 Zoning District on 0.65 acres. Location: 9707 Sky Lane. (Ordinance No. 6-2011-PUD-3-2011for PUD District Review and Zoning District Amendment) CITY COUNCIL MINUTES May 17, 2011 Page 3 D. APPROVE SECOND READING OF ORDINANCE NO. 7-2011 AMENDING CITY CODE CHAPTER 11 RELATING TO DEFINITIONS FOR CAST STONE, CULTURED STONE, ARCHITECTURAL PRECAST AND PRECAST CONCRETE PANEL AND ADOPT RESOLUTION NO. 2011-40 APPROVING SUMMARY ORDINANCE E. ADOPT RESOLUTION NO. 2011-41 APPROVING FINAL PLAT OF THE RIDGE AT RILEY CREEK 4TH ADDITION F. ADOPT RESOLUTION NO. 2011-42 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR COUNTY PARTICIPATION IN STORM SEWER COSTS FOR FLYING CLOUD FIELDS G. AWARD CONTRACT FOR 2011 STREET SEALCOATING TO PEARSON BROTHERS, INC. H. AWARD CONTRACT FOR 2011 STREET BITUMINOUS OVERLAY PROJECT TO BITUMINOUS ROADWAYS, INC. I. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WESTWOOD PROFESSIONAL SERVICES FOR CITY WEST TRAFFIC STUDY J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR THE LANDSCAPE PLAN FOR CSAH1 (BETWEEN FLYING CLOUD DR AND SHETLAND ROAD) K. AWARD THE CONTRACT FOR PLAYGROUND EQUIPMENT AT PIONEER PARK TO FLANAGAN SALES INC. L. APPROVE THE SECOND AMENDMENT TO THE 2009 REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP M. AWARD CONTRACT TO LAVAN FLOOR COVERING COMPANY TO REPLACE CARPET IN THE COMMUNITY CENTER LOBBY N. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 O. APPROVE THE CITY’S FINANCIAL POLICIES FOR THE 2012/2013 BUDGET P. APPROVE THE LEASE AGREEMENT WITH THE METROPOLITAN AIRPORTS COMMISSION FOR THE COMMUNITY GARDEN PLOTS AREA MOTION: Aho moved, seconded by Case, to approve Items A-P on the Consent Calendar. CITY COUNCIL MINUTES May 17, 2011 Page 4 Case said he had a question that relates somewhat to Item X.P and concerns the historic lookout area. He wondered if the fact we are agreeing to the garden plots having people visitation could reopen the issue regarding the lookout area. He would like to refer the lookout area back to the Flying Cloud Airport Advisory Commission (FCAAC) to see if we could have some limited people visitation rights there. Lotthammer said we have some kind of a lookout area planned in the Capital Improvement Plan. His understanding is that the north/south runway directs aircraft directly over the old lookout park, but he agreed with asking the FCAAC to look into the issue. Just today he and a couple of landscape architects were doing photo reconnaissance in the area and looking at a trail outlet to be located a couple of hundred yards down from the lookout area. He said the lookout area is a ruin now, but there is still some value to it. This is something that is on our radar, and staff is actively working to explore this and other options in the area. Butcher Wickstrom said she agreed that it is one of the most beautiful spots in Eden Prairie but it really isn’t accessible. There was a lot of debris and rubbish from people partying there, and she has been worried about the site. People were actually harvesting the historic stone from the site. She would like to have it be an historic place where people can visit. VOTE ON THE MOTION: Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. ERIC SCHAFFER ADDITION by Eric Schaffer. Request for Preliminary Plat on 1.5 acres into two lots. Location: 6451 Evergreen Ct & 6516 Kurtz Lane. (Resolution No. 2011-43 for Preliminary Plat) Getschow said the property owners have agreed to relocate a common lot line between the two properties. Proposed lot one will increase in size from 22,000 sq. ft. to 40,849 sq. ft. Proposed lot two will decrease in size from 43,363 sq. ft. to 24,552 sq. ft. Both lots meet the requirements of the R1-22 zoning district. A resolution for final approval of the subdivision is located in the ordinances and resolutions section of the agenda. The 120-day review period expires on July 24, 2011. The Planning Commission voted 7-0 to recommend approval of the project at the April 25, 2011 meeting. Official notice of this public hearing was published in the May 5, 2011, Eden Prairie News and was sent to 47 property owners. Nelson said she was curious about the reason for doing this. Eric Schaffer, 6451 Evergreen Ct., said the property is not being used, and he would like to see it stay a wildlife preserve. Richard Hunt, 6516 Kurtz Lane, said his son, Joseph Hunt, is one of the property owners. He said Mr. Schaffer is acquiring the section that is in back and to the side that is of no use to his son but is an advantage to Mr. Schaffer. There were no comments from the audience. CITY COUNCIL MINUTES May 17, 2011 Page 5 MOTION: Case moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2011-43 for preliminary plat on 1.5 acres into 2 lots. Motion carried 5-0. B. RESOLUTIONS AMENDING TIF DISTRICT #15 PLAN AND PROJECT MANAGEMENT AGREEMENT (SUMMIT PLACE SENIOR HOUSING PROJECT) Getschow said this public hearing was continued from the May 3 City Council meeting. The proponent is asking that it be continued again to the June 14th meeting. MOTION: Nelson moved, seconded by Aho, to continue the public hearing to June 14, 2011. Motion carried 5-0. 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, Butcher Wickstrom, Case, Nelson, and Tyra-Lukens voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. RESOLUTION NO. 2011-44 APPROVING FINAL PLAT OF THE ERIC SCHAFFER ADDITION Getschow said preliminary plat for this item was just approved by the Council in Item IX.A. He noted approval of this resolution will require a unanimous vote of the City Council. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2011-44 approving the final plat of Eric Schaffer Addition. Motion carried 5-0. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Southwest Light Rail Transit (SWLRT) Community Works Group— Mayor Tyra-Lukens Tyra-Lukens said she received feedback from the SWLRT Community Works group that they would like both the regular and the alternate members to be Council Members. We have been represented by Council CITY COUNCIL MINUTES May 17, 2011 Page 6 Member Nelson as our delegate and Janet Jeremiah as alternate. Council Member Aho has indicated his willingness to serve as the alternate member, so she proposed appointing him to serve in that capacity. She said Ms Jeremiah will continue to attend the meetings as a staff member. MOTION: Nelson moved, seconded by Case, to appoint Council Member Aho as the alternate to the Southwest Light Rail Transit Community Works group. Motion carried 5-0. 2. Public Works Director Gene Dietz Retirement—Mayor Tyra-Lukens Tyra-Lukens said this is an important meeting for the City because our Public Works Director is retiring after 30 years of service to the City. She said Mr. Dietz has done wonderful things for the City and has been a very calm and dedicated employee who is very good at explaining things. She thanked him for his years of work. Aho said we will miss Mr. Dietz and he hoped he would be available for questions. Case said he has known Mr. Dietz for a long time and he has a unique combination of engineering and public relation skills. He will be greatly missed. Getschow said Mr. Dietz is a great employee and a leader of City staff. He is very well respected by City staff and throughout the State. Butcher Wickstrom said she has worked with Mr. Dietz for two or three decades and she could always count on him. She could always trust his judgment, perceptions and negotiations, and she didn’t know what we will do without him. Nelson said in the last 30 years most of the roads and public works in the City have gone across Mr. Dietz’ desk so the City owes him a debt of gratitude. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Reallocation of 2010 and 2011 CDBG Funds Jeremiah said staff is trying to combine the reallocation of 2010 funds with the 2011 funds. There is an additional $4,000 in 2010 CDBG funds because we stopped funding HOME Line based on a recommendation from HUD. There is also an additional $1,500 in program income. She said the Human Services Review Committee met to discuss the 2010 and 2011 allocations. The committee is recommending that the $4,000 for 2010 be reallocated to the CAPSH emergency vehicle repair. Staff received the final figures from HUD and made some recommended changes in the estimated amounts because of the final figures and the adjustment for HOME Line. For 2011 they recommended raising the YMCA childcare subsidy by $1,000, increasing the HOME allocation to $9,000 and increasing the CAPSH allocation to $8,000. MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the reallocation of 2010 and 2011 CDBG funds as recommended by the Eden CITY COUNCIL MINUTES May 17, 2011 Page 7 Prairie Human Services Review Committee. Motion carried 5-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Cost-Share Agreement with Nine Mile Creek Watershed District for Driveway and Parking Lot for Birch Island Woods Conservation Area Lotthammer said a concept plan for this item was brought before the Council several months ago. In the meantime Ms Stovring identified this as a project the Watershed District might look on favorably for a cost share program. After doing some research, we found a local company that produces a porous product that allows water to run directly through it. Using that material will mean we won’t need to have as large a stormwater pond. The material is a little more costly, and that is why the partnership with the Watershed District is important. Final design plans are before the Council tonight and will also need to be approved by the Watershed District. If approved, we plan to start work in June. He said there are a couple of things that Mr. Rosow has pointed out in the agreement so he asked the project be approved subject to the additions to the document that will be made by Mr. Lotthammer and Mr. Rosow. Tyra-Lukens said she had the benefit of attending a demonstration of the porous product. It also filters impurities from the water over time, and she thought this is a wonderful place to test it and see if we want to use it elsewhere in the City. She asked where the extra $5,000 is coming from to cover the difference between the $50,000 cost, the $25,000 from the Watershed District and the $20,000 budgeted by the City. Lotthammer said we can do some of the work in-house, and there is a small amount in the operating budget for some materials. Nelson asked if there also needs to be a rain garden. Lotthammer said there may still need to be a small pond outlet. When the water drains through the concrete material, it goes down through a larger area so it has some under drainage. It would still carry some of the water off to the side in case of a large rain event. There will probably be a small swale, but the treatment capacity will be quite small. Nelson said this sounds like a nice innovative product, and she thought it would be good to put this as well as other similar things we are doing on the website. That would make it easy for people to see how it works. MOTION: Aho moved, seconded by Nelson, to authorize the City Manager to execute the Cost-Share Agreement with the Nine Mile Creek Watershed District for the construction of a driveway and parking lot for Birch Island Woods Conservation Area, subject to the terms and conditions added by City Attorney Rosow and Parks & Recreation Director Lotthammer. Motion carried 5-0. CITY COUNCIL MINUTES May 17, 2011 Page 8 2. United States of America Pickleball Association Grant Lotthammer said interest in pickleball has grown a lot in recent years. The existing tennis courts at Pioneer Park were lined according to official pickleball court dimensions, doubling the number of pickleball courts from two to four, based on the increased interest and demand by seniors for this newly offered community sport in the past year. These grant funds will cover the cost for two of the four new USAPA net systems purchased. MOTION: Case moved, seconded by Aho, to accept the USAPA Training Funds awarded to the City of Eden Prairie in the amount of $250 to be used toward expansion of the outdoor pickleball courts at Pioneer Park. Motion carried 5-0. 3. Metropolitan Regional Arts Council Grant for Eden Prairie Players Strategic Planning Lotthammer said the Metropolitan Regional Arts Council (MRAC) is the group in the art world that receives legacy funds and distributes them out. The MRAC has awarded the City of Eden Prairie – Eden Prairie Players a management consulting fund grant in the amount of $1,500 for the purpose of strategic planning, relating to community theatre. He said it will provide them with funds for some consulting and will help them develop a mission statement and a strategic plan for the next 20 years. MOTION: Butcher Wickstrom moved, seconded by Nelson, to accept the grant award from Metropolitan Regional Arts Council (MRAC), in the amount of $1,500, for strategic planning services. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION Rosow said the Council will move to closed session to discuss a settlement of the threatened litigation against Bearpath. He said he anticipates the Council will come out of closed session to take action. The Council moved to closed session at 7:43 PM. The Council returned from closed session at 8:08 PM. CITY COUNCIL MINUTES May 17, 2011 Page 9 Rosow said the City initiated litigation last year with respect to the obligation to build a trail. After negotiations with Bearpath, it became clear we would have better success in negotiations if we dismissed without prejudice the law suit. We have continued negotiations with them and have come to an agreement for a special assessment and waiver against property owned by Bearpath Golf & Country Club in the amount of $300,000 with $75,000 paid up front. MOTION: Case moved, seconded by Aho, to approve the agreement with Bearpath with the change that specifies payment should be made in any event no later than the time of closing on their mortgage, and to authorize the Mayor and City Manager to execute the agreement. Motion carried 5-0. XVII. ADJOURNMENT MOTION: Case moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:10 PM. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 14, 2011 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Raffle Organization: Starkey Hearing Foundation Place: Olympic Hills Golf Club Date: July 22, 2011 Organization: Northern Star Council Place: Olympic Hills Golf Club Date: August 15, 2011 Amendment to Liquor License 2AM Closing Permit - Renewal Eden Prairie Jakes Inc DBA: Jake’s City Grille Redstone American Grill Inc DBA: Redstone American Grill CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 14, 2011 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Regina Rojas ITEM DESCRIPTION: Redstone American Grill ITEM NO.: VIII.B. Requested Action Move to: • Approve 2nd 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; and • Adopt Resolution for Site Plan Review on 2.97 acres and • Approve the Development Agreement for Redstone American Grill Synopsis This project is a 1000 square foot banquet room addition to the existing building. The 120-Day Review Period Expires on July 15, 2011. Attachments 1. Ordinance for PUD District Review and Zoning District Amendment 2. Summary Ordinance 3. Resolution for Site Plan Review 4. Development Agreement REDSTONE AMERICAN GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2011-PUD-4-2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District 8-2011-PUD-4-2011 (hereinafter "PUD-4- 2011-C-Reg-Ser). Section 3. The City Council hereby makes the following findings: A. PUD-4-2011-C-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-4-2011-C-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-4-2011-C-Reg-Ser are justified by the design of the development described therein. D. PUD-4-2011-C-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 14, 2011, entered into between Idlewild Properties, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-4-2011-C-Reg-Ser, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Service Zoning District and shall be included hereafter in the Planned Unit Development 4-2011-C-Reg-Ser, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of April, 2011, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 14th day of June, 2011. ATTEST: _____________________________ _______________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on__________________, 2011. EXHIBIT A PUD Legal Description – Lot 1, Block 1, Idlewild 2nd Addition, Hennepin County, Minnesota REDSTONE AMERICAN GRILL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2011-PUD-4-2011 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 8000 Den Road within the Commercial Regional Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on June 23, 2011. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR REDSTONE AMERICAN GRILL BY IDLEWILD PROPERTIES, LLC WHEREAS, Idlewild Properties, LLC has applied for Site Plan approval of Redstone American Grill addition for a 1,000 square foot expand to the existing building on the property, by an Ordinance approved by the City Council on May 17, 2011; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its March 28, 2011 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its April 19, 2011 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Redstone American Grill based on the Development Agreement between Idlewild Properties, LLC and the City of Eden Prairie, reviewed and approved by the City Council on June 14, 2011. ADOPTED by the City Council of the City of Eden Prairie this 14th day of June, 2011. _______________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk SUPPLEMENTAL DEVELOPMENT AGREEMENT REDSTONE AMERICAN GRILL THIS SUPPLEMENTAL DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of June 14, 2011, by Idlewild Properties, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 2.97 acres, Planned Unit Development District Review on 2.97 acres, Zoning District Amendment within the Commercial-Regional-Service Zoning District on 2.97 acres, and Site Plan Review on 2.97 acres, legally described on Exhibit A (the “Property”) the “Addition to the Property”; WHEREAS, Developer and City entered into that certain Development Agreement between the parties as of May 15, 2001, pertaining to the Property ("Original Development Agreement") which agreement is unfiled with the County and is attached hereto as Exhibit D. WHEREAS, Developer proposes a 1,000 square foot addition to the building situated on the Addition to the Property (hereinafter the “Addition to the Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. 2011-______ for Planned Unit Development Concept Amendment, Ordinance No. __________ for Planned Unit Development District Review and Zoning District Amendment within the Commercial Regional Service Zoning District on 2.97 acres, and Resolution No. ____________for Site Plan Review, Developer agrees to construct, develop and maintain the Addition to the Property as follows: 1. PLANS: Developer shall develop the Addition to the Property in conformance with the materials revised and stamp dated April 14, 2011, reviewed and approved by the City Council on April 19, 2011, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Addition to the Property. Prior to issuance of any occupancy permit for the Addition to the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 6. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Addition to the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins, retention basins or Stormwater Infiltration Systems (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Facilities must be submitted prior to release of the first building permit for the Addition to the Property. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm water Manual” dated November 2005, the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems shall be by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. Prior to issuance of a building permit for the Addition to the Property the existing pond shall be inspected for sediment accumulation, bank erosion and integrity of the storm sewer system and the presence of noxious or invasive weed species. A report regarding the condition of the existing pond conditions shall be submitted to the Engineering Division prior to or contemporaneous with submission of the application for a Land Alteration Permit. Upon review and approval of the report by the City, all maintenance and repair identified and required by the City must be completed in conjunction with the Land Alteration Permit for the project and prior to issuance of an Occupancy Permit for the Addition to the Property. After the two year period of Developer maintenance, the Owner of the Property shall be responsible for maintenance of the Stormwater Facilities. This shall include debris and litter removal, removal of noxious and invasive plants, removal of dead and diseased plants, maintenance of approved vegetation, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and removal of sediment build-up. Sediment build-up in Stormwater Infiltration Systems shall be removed by hand. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 7. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Addition to the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 8. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Commercial-Regional-Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. A shoreland setback waiver from 200 feet to 110 feet. 2. An impervious surface waiver from .734 to .737 or 389 square feet. 9. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: All of the terms, conditions and obligations of "Developer" under the Development Agreement dated May 15, 2001, shall remain in full force and effect and are binding against the Developer under this Supplemental Development Agreement, except as amended herein to provide for the Addition to the Property. This Supplemental Development Agreement applies to the Addition to the Property and the Property. 10. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE By ___________________________________ By___________________________ Its ___________________________________ Nancy Tyra -Lukens Its Mayor By ___________________________________ By__ ________________________ Its ___________________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2011, by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2011, by __________, the _____________ of Idlewild Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 EXHIBIT A SUPPLEMENTAL DEVELOPMENT AGREEMENT REDSTONE AMERICAN GRILL LEGAL DESCRIPTION Lot 1, Block 1, Idlewild 2nd Addition, Hennepin County, Minnesota. EXHIBIT B SUPPLEMENTAL DEVELOPMENT AGREEMENT REDSTONE AMERICAN GRILL PLANS A1.0—Title Sheet, dated 04/04/11 by Wilkus Architects, Inc C0.1—Civil Title Sheet, dated 03/28/11 by Landform C1.0—Overall Existing Conditions, dated 03/28/11 by Landform C1.1—Enlarged Existing Conditions dated 03/28/11 by Landform C3.1—Site Improvements dated 03/28/11 by Landform C7.1— Civil Construction Details dated 03/28/11 by Landform L2.1—Landscape Plan dated 03/28/11 by Landform A2.0—Floor Plan dated 04/04/11 by Wilkus Architects, Inc A7.0—Elevations and Sections dated 04/04/11 by Wilkus Architects, Inc. A8.0—Details dated 04/04/11 by Wilkus Architects, Inc. S1—Foundation & Roof Framing Plans dated 03/31/11 by LSEngineers S2—Structural Notes & Details dated 03/31/11 by LSEngineers S3—Details dated 03/31/11 by LSEngineers S4—Details dated 03/31/11 by LSEngineers EXHIBIT C SUPPLEMENTAL DEVELOPMENT AGREEMENT REDSTONE AMERICAN GRILL I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Addition to the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Supplemental Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Supplemental Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Addition to the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Supplemental Development Agreement, the Developer shall record the Supplemental Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Supplemental Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D SUPPLEMENTAL DEVELOPMENT AGREEMENT REDSTONE AMERICAN GRILL Developer’s Agreement dated May 15, 2001 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 14, 2011 DEPARTMENT/DIVISION: Office of City Manager Kathleen Porta, City Clerk ITEM DESCRIPTION: Election Equipment Contract with Hennepin County, City of Eden Prairie and School District 272 ITEM NO.: VIII.C. Requested Action Approve the election equipment contract between Hennepin County, City of Eden Prairie and School District 272. Synopsis The purpose of the contract is to allow School District 272 to use election equipment from the City of Eden Prairie for the 2011 School District election. Hennepin County owns the election equipment and has leased it to the City. Attachment Contract Agreement No. A110800 HENNEPIN COUNTY, INDEPENDENT SCHOOL DISTRICT #272 AND THE CITY OF EDEN PRAIRIE CONSENT OF ASSIGNMENT OF CONTRACT NO. A052244 THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN, the INDEPENDENT SCHOOL DISTRICT # 272 AND THE CITY OF EDEN PRAIRIE, all political subdivisions of the State of Minnesota, hereinafter referred to as the “County”, the “School District” and “City” respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, MN 55487, the address of the City is 8080 Mitchell Road Eden Prairie MN 55344 and the address of the School District is 8100 School Road Eden Prairie MN 55344 WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99-6-426 authorized the purchase of election equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County has leased some of this election equipment to the City of EDEN PRAIRIE; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer County property from the City to the School District for the School District’s use; and WHEREAS, the County desires to lease Election Equipment to the School District for use at the 2011 School District general and/or special elections; and NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, the City and the School District agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the School District at the cost identified below and subject to the terms and conditions of this Agreement, and the School District hereby agrees to lease from the County Election Equipment identified as: five (5) Model 100 Optical Scan Precinct Count Units including ten (10) PCMIA memory cards, five (5) Model 100 metal ballot boxes , five (5) Model 100 cover carry cases, five (5) AutoMARK Voter Assist Terminals, six (6) 256mb flashcards and five (5) ES&S AutoMARK tables (hereinafter “Election Equipment”) for polling places contained within the School District. 1.2 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. Section 2 OWNERSHIP 2.1 The City and the School District acknowledge that the County owns the Election Equipment and that the School District is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. The School District acknowledges that is has no right to modify the Election Equipment. 2.2 The School District acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ES&S) and is protected under federal copyright law or other laws, rules, regulations and decisions. The School District shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The School District shall be responsible for the Election Equipment while it is in the possession of the School District. The School District either through insurance or a self-insurance program shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the School District’s defense and indemnity obligations contained in Section 5.6 herein. 3.2 The School District and the City agrees to abide by all applicable State and Federal laws and regulations, including but not limited to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, concerning the handling and disclosure of private and confidential information about individuals and/or data made non-public by such laws or regulations. Section 4 TERM, TERMINATION 4.1 The City, the School District and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the School District returns the equipment to the City or December 31, 2011, whichever is sooner. 4.2 The City, the School District and the County agree that this Agreement may be terminated by the City or the County with sixty days notice, if the City or County require use of the machines for an election. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by any party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by any of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to any party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. None of the parties shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of all of the other parties, and any attempt to do so shall be void and of no force and effect. 5.5 THE SCHOOL DISTRICT AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN “AS IS” BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ES&S, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY’S AND THE CITY’S SOLE LIABILITY AND THE SCHOOL DISTRICT’S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County or the City be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County, the City and the School District agree each will be responsible for their own acts and omissions under this Agreement and the results thereof and to the extent authorized by law shall defend, indemnify and hold harmless the other party for such acts. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties’ respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party’s failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the School District: Jessica McCandless Independent School District #272 8100 School Road Eden Prairie MN 55344 To the City: Kathleen Porta 8080 Mitchell Road Eden Prairie MN 55344 To the County: Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Copy to: Jill L. Alverson Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 5.8 Audit Provision. All parties agree that any party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the “Whereas” clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the School District, the City and the County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the School District, the City and the County represent that they are duly authorized to execute this Lease Agreement on behalf of the School District, the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 5.12 For lease of the Election Equipment, the School District shall: Pay the City the amount of twenty-five dollars ($25) per Model 100 Optical Scan Precinct Count Unit and twenty-eight dollars ($28) for the AutoMARKs upon receipt of billing for use of the equipment. 5.13 Maintenance Agreement. The school district shall obtain the services furnished by the Maintenance Agreement between Hennepin County and ES&S directly from ES&S, Inc. if needed. 5.14 Program Service. The County shall, without charge, provide programming services to the School District for the Model 100 Optical Scan Precinct Count Units. The School District is responsible for paying to the County the programming costs of the AutoMARK units at an amount no greater than twenty- five ($25) dollars per polling place. 5.15 Transporting and Return of Equipment. The School District shall be responsible for the transporting of the equipment from and to the City. Upon termination of this Agreement, the School District shall forthwith deliver the Election Equipment to the City or its designee, complete and in good order and working condition. The School District shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. COUNTY BOARD APPROVAL The SCHOOL DISTRICT having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the __ day of ______, 2011 and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA ______________________________ By: ________________________________ Assistant County Attorney Chair of Its County Board Date: ________________________ And: _______________________________ Assistant/County Administrator Approved as to execution ATTEST: ___________________________ _______________________________ Deputy/Clerk of County Board Assistant County Attorney Date: __________________________ SCHOOL DISTRICT ___________________ Approved as to form By:_____________________________ _____________ ____________________________ By: _______________________________ School District Attorney School District ___________________ Date: _______________________ CITY _______________________ Approved as to form By:_____________________________ _____________ ____________________________ By: _______________________________ City Attorney City ___________________ Date: _______________________ CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 14, 2011 DEPARTMENT/DIVISION: Leslie Stovring Public Works / Environmental ITEM DESCRIPTION: I.C. 02-5585 Approve the Annual Report for the Phase II NPDES Storm Water Permit Program ITEM NO.: VIII.D. Requested Action Move to: Approve the Annual Report for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Stormwater Pollution Prevention Plan (SWPPP). Background Information The City’s SWPPP was developed in April 2003 and revised in June 2006. The SWPPP provides a series of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the year to meet the goals outlined in our BMPs. The Annual Report will be posted on the Environment & Water Resources section on the City’s web site along with the SWPPP and BMP Summary Sheets. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2010 to meet these objectives included items such as: • Adopt a Street – Ten groups participated in the program in 2010. • Annual Public Meeting – The public meeting was held at the April 14, 2011 prior to the Conservation Commission meeting. Eight residents attended the meeting. • Restore Your Shore – Provided a workshop on shoreland restoration through Eden Prairie Community Education. Eighteen people attended the workshop. • Environmentally-Friendly Turfgrass Maintenance – Provided a workshop on turfgrass maintenance. Twenty people attended the workshop. • Chamber of Commerce Yard & Garden Expo – Worked with the Chamber to add environmental messages and educational experiences for kids who came to the Expo. Over 250 kids stopped at the children’s activity area. The city also scheduled workshops on environmentally friendly lawn care and sustainability. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program – Volunteers monitored Mitchell and Riley Lakes. • City Clean Up Day – Approximately 975 residents attended and dropped off 158 tons of trash. • Compost Bin & Rain Barrel Sales Event – Worked with Hennepin County and the Recycling Association of Minnesota to promote a distribution event held in April. • Conservation Commission – The Commission held a number of programs, including speakers on lake water quality (Blue Water Science), raingarden maintenance in right-of-ways (City of Plymouth Water Resources Coordinator) and the status of the NPDES stormwater permit program (City Environmental Coordinator). Joint meetings were held with the Parks and Recreation Commission in August to discuss recycling and stormwater management in the parks and the Planning Commission in June to discuss permeable pavement and raingardens. • Environmental Learning Center – Developed a new outdoor educational sign discussing stormwater treatment for installation this summer. Twenty-two classes visited the Center. • “Environmental Times” – The newsletter was inserted in spring, summer and winter utility bills. Each included articles on stormwater-related topics. • Goose Management – Continued the volunteer program to disperse geese in Eden Lake Park. Six volunteers and their dogs participated. • Lake Associations – Spoke at the Mitchell Lake Association annual meeting in September on water quality within the City’s chain of lakes, including Mitchell Lake. Toured Red Rock Lake in August with a group of lakeshore owners who were working to start a lake association. • Let’s Keep it Clean education program – Assisted in developing advertisements for local and regional media outlets and continued use of the “Fishbowl: Plop the Fish” and “Rubber Ducky” videos on local cable television. • “Life in the Prairie” – Included articles on topics such as the Clean Up day, “Think Green When You Shop”, “Celebrate Earth Day”, “Battery Recycling” and others. • MetroBlooms – Coordinated a workshop on raingarden construction with the Lower Minnesota River Watershed District. Twenty-two people attended the event and two families submitted rebate applications for construction of a raingarden on their property. • Metro Children’s Water Festival – Participated in this annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition – Participated in the coalition of cities that are required to have a Stormwater Permit by the Pollution Control Agency. This group provides information to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Parks and Recreation Commission – Attended a meeting in September to discuss goose management and lake water quality issues. • Public Outreach – Participated in the SuperValu Earth Expo in April and the Nine Mile Creek Watershed District tour in September. • Stormwater Inspections – Inspected 386 water bodies (40%) and 651 inlets (40%). As a result of the inspections, routine maintenance was performed on 62 water quality structures. • Stormwater Repair Projects - Completed a streambank erosion stabilization project for a portion of Riley Creek, a stabilization project for a stormwater treatment system south of Riverview Road and repair of two erosion gullies south of Old Riverview Road. • Stormwater U – Worked with the University of Minnesota Extension to develop and teach a workshop for cities that have a stormwater permit. • Street Sweeping – All City streets are swept at a minimum of once annually. • TMDLs – Participated in a series of meetings for the Lake Pepin Total Maximum Daily Load (TMDL) analysis. • Wetland Health Evaluation Program – Seven volunteers monitored 4 wetlands. Attachments • Annual Report www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 1/26/11 Page 1 of 5 MS4 Annual Report for 2010 Municipal Separate Storm Sewer Systems (MS4s) Reporting period January 1, 2010 to December 31, 2010 Due June 30, 2011 Doc Type: Permitting Annual Report Instructions: By completing this mandatory MS4 Annual Report form, you are providing the Minnesota Pollution Control Agency (MPCA) with a summary of your status of compliance with permit conditions, including an assessment of the appropriateness of your identified best management practices (BMPs) and progress towards achieving your identified measurable goals for each of the minimum control measures as required by the MS4 Permit. If a permittee determines that program status or compliance with the permit can not be adequately reflected within the structure of this form additional explanation and/or information may be referenced in an attachment. This form has significant limitations and provides only a snap shot of MS4 compliance with the conditions in the Permit. After reviewing the information, MPCA staff may need to contact the permittee to clarify or seek additional information. The MPCA enforcement policy is to provide the opportunity to respond to any alleged violations before any enforcement action is taken. Submittal: This MS4 Annual Report must be submitted electronically to the MPCA using the submit button at the end of the form, from the person that is duly authorized to certify this form. All questions with an asterisk (*) are required fields (these fields also have a red border), and must be completed before the form will send. A confirmation e-mail will be sent in response to electronic submissions. To obtain an electronic copy of the 2010 MS4 Annual Report form, please visit the MPCA website at: http://www.pca.state.mn.us/water/stormwater/stormwater-ms4.html. If you have further questions, please contact one of these MPCA staff members (toll-free 800-657-3864): • Joyce Cieluch 218-846-7387 • Scott Fox 651-757-2368 • Amy Garcia 651-757-2377 General Contact Information (*Required fields) *Name of MS4: *Contact name: *Mailing address: *City: *State: *Zip code: *Phone (including area code): *E-mail: Check here if this contact information is different than the contact indicated on the mailing label. Minimum Control Measure 1: Public Education and Outreach [V.G.1] (*Required fields) A. The permit requires each Permittee to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] Note: Please indicate which of the following distribution methods you used during the 2010 calendar year. Indicate the number distributed in the spaces provided (enter “0” if the method was not used or “NA” if the data does not exist): Media type Number of media Number of times published Circulation/ Audience Example: Brochures: 3 different brochures published 5 times about 10,000 Brochures: Newsletter: Posters: Newspaper articles: Utility bill inserts: Radio ads: Television ads: Cable Access Channel: Other: Other: Other: www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 1/26/11 Page 2 of 5 B. *Do you use a website as a tool to distribute stormwater educational materials? Yes No What is the URL: C. If you answered yes in question B. above, do you track hits to the site? Yes No How many hits to the stormwater page during 2010: D. *Did you hold stormwater related events, presentations to schools or other such activities? Yes No If yes, please describe: E. *Have specific messages been developed and distributed during the 2010 calendar year for Minimum Control Measure (MCM): MCM 1: Yes No MCM 4: Yes No MCM 2: Yes No MCM 5: Yes No MCM 3: Yes No MCM 6: Yes No F. *Have you developed partnerships with other MS4s, watershed districts, local or state governments, educational institutions, etc., to assist you in fulfilling the requirements for MCM 1? Yes No G. List those entities with which you have partnered during the 2010 calendar year to meet the requirements of this MCM and describe the nature of the agreement(s). Attach a separate sheet if necessary: H. *Have you developed methods to assess the effectiveness of your public education/outreach program? Yes No If yes, please describe: Minimum Control Measure 2: Public Participation/Involvement [V.G.2] (*Required fields) A. *Did you hold a public meeting to present accomplishments for calendar year 2010 and to discuss your Stormwater Pollution Prevention Program (SWPPP)? [Part V.G.1.e] Yes No If no, explain: B. What was the date of the public meeting: C. How many citizens attended specifically for stormwater (excluding board/council members and staff/hired consultants)? D. Was the public meeting a stand-alone meeting for stormwater or was it combined with some other function (City Council meeting, other public event, etc.)? Stand-alone Combined E. *Each permittee must solicit and consider input from the public prior to submittal of the annual report. Did you receive written and/or oral input on your SWPPP? [Part V.G.2.b.1-3] Yes No F. *Have you revised your SWPPP in response to written or oral comments received from the public since the last annual reporting cycle? [Part V.G.2.c] Yes No If yes, describe. Attach a separate sheet if necessary: Minimum Control Measure 3: Illicit Discharge Detection and Elimination [V.G.3] (*Required fields) The permit requires permittees to develop, implement, and enforce a program to detect and eliminate illicit discharges as defined in 40 CFR 122.26(b)(2). You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 1/26/11 Page 3 of 5 A. *Did you update your storm sewer system map in 2010? Yes No If yes, please explain which components (ponds, pipes, outfalls, waterbodies, etc.) were updated/added: Note: The storm sewer system map was to be completed by June 30, 2008. [Part V.G.3.a] B. *Have you modified the format in which the map is available? Yes No C. If yes, indicate the new format: Hardcopy only GIS system CAD Other system: D. *Have you established an ordinance or other regulatory mechanism to prohibit illicit discharges and/or non-stormwater discharges from entering the MS4? Note: The Permit requires the ordinance or other regulatory mechanism to be established by June 30, 2010 [Part V.G.3.b] If yes, indicate whether you’ve established an: Ordinance or Regulatory mechanism Yes No E. If you answered yes in question D. above, provide the date the ordinance or other regulatory mechanism was adopted: F. If you answered yes in question D. above, a complete copy of your illicit discharge prohibition ordinance or other regulatory mechanism addressing the requirements of Part V.G.3.b. of the Permit must be submitted with this MS4 Annual Report. Please provide the URL/reference where your illicit discharge ordinance or other regulatory mechanism may be found. Include specific code numbers if available: The ordinance may alternately be submitted as a separate electronic file attached to the e-mail submittal of this annual report. Are you submitting an electronic copy? Yes No Minimum Control Measure 4: Construction Site Stormwater Runoff [V.G.4] (*Required fields) The permit requires that each permittee develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities within your jurisdiction that result in a land disturbance of equal to or greater than one acre, including the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb one or more acres. [Part V.G.4.] A. The permit requires an erosion and sediment control ordinance or regulatory mechanism that must include sanctions to ensure compliance and contains enforcement mechanisms [Part V.G.4.a]. Indicate which of the following enforcement mechanisms are contained in your ordinance or regulatory mechanism and the number of actions taken for each mechanism used during the reporting period (enter “0” if the method was not used or “NA” if the data does not exist). Check all that apply. Enforcement mechanism Number of actions Verbal warnings # Notice of violation # Administrative orders # Stop-work orders # Fines # Forfeit of security of bond money # Withholding of certificate of occupancy # Criminal actions # Civil penalties # Other: # B. *Have you developed written procedures for site inspections? Yes No www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 1/26/11 Page 4 of 5 C. *Have you developed written procedures for site enforcement? Yes No D. *Identify the number of active construction sites greater than an acre in your jurisdiction during the 2010 calendar year: E. *On average, how frequently are construction sites inspected (e.g., weekly, monthly, etc.)? F. *How many inspectors, at any time, did you have available to verify erosion and sediment control compliance at construction sites during the 2010 calendar year: Minimum Control Measure 5: Post-construction Stormwater Management in New Development and Redevelopment [V.G.5] (*Required fields) The permit requires each permittee to develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects within your jurisdiction that disturb an area greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or reduce water quality impacts. You must also select and implement a program of appropriate BMPs and measurable goals for this minimum control measure. Note: The MS4 permit requirements associated with this minimum control measure were required to be fully developed and implemented by June 30, 2008. A. *Have you established design standards for stormwater treatment BMPs installed as a result of post-construction requirements? Yes No B. *Have you developed procedures for site plan review which incorporate consideration of water quality impacts? Yes No C. *How many projects have you reviewed during the 2010 calendar year to ensure adequate long- term operation and maintenance of permanent stormwater treatment BMPs installed as a result of post-construction requirements? [Part V.G.5.b.and Part V.G.5.c]. D. *Do plan reviewers use a checklist when reviewing plans? Yes No E. *How are you funding the long-term operation and maintenance of your stormwater management system? (Check all that apply) Grants Stormwater utility fee Taxes Other: Minimum Control Measure 6: Pollution Prevention/Good Housekeeping for Municipal Operations [V.G.6] (*Required fields) The permit requires each MS4 to develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Your program must include employee training to prevent and reduce stormwater pollution from activities, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. A. *Indicate the total number of structural pollution control devices (for example-grit chambers, sumps, floatable skimmers, etc.) within your MS4, the total number that were inspected in 2010, and calculate the percent inspected. Enter “0” if your MS4 does not contain structural pollution control devices or none were inspected in 2010. Enter “NA” if the data does not exist: *Total number *Number inspected *Percentage *Structural pollution control devices: B. *Did you repair, replace, or maintain any structural pollution control devices? Yes No C. *For each BMP below, indicate the total number within your MS4, how many of each BMP type were inspected and the percent inspected in 2010. Enter “0” if your MS4 does not contain BMPs or none were inspected in 2010. Enter “NA” if the data does not exist: Structure/Facility type *Total number *Number inspected *Percentage *Outfalls to receiving waters: *Sediment basins/ponds: *Total www.pca.state.mn.us • 651-296-6300 • 800-657-3864 • TTY 651-282-5332 or 800-657-3864 • Available in alternative formats wq-strm4-06 • 1/26/11 Page 5 of 5 D. Of the BMPs inspected in C. above, did you include any privately owned BMPs in that number? Yes No E. If yes in D. above, how many? Section 7: Impaired Waters Review (*Required fields) The permit requires any MS4 that discharges to a Water of the State, which appears on the current U. S. Environmental Protection Agency (EPA) approved list of impaired waters under Section 303(d) of the Clean Water Act, review whether changes to the SWPPP may be warranted to reduce the impact of your discharge [Part IV.D]. A. *Does your MS4 discharge to any waters listed as impaired on the state 303 (d) list? Yes No B. *Have you modified your SWPPP in response to an approved Total Maximum Daily Load (TMDL)? Yes No If yes, indicate for which TMDL: Section 8: Additional SWPPP Issues (*Required fields) A. *Did you make a change to any BMPs or measurable goals in your SWPPP since your last report? [Part V.H.] Yes No B. If yes, briefly list the BMPs or any measurable goals using their unique SWPPP identification numbers that were modified in your SWPPP, and why they were modified: (Attach a separate sheet if necessary) C. *Did you rely on any other entities (MS4s, consultants, or contractors) to implement any portion of your SWPPP? Yes No If yes, please identify them and list activities they assisted with: Owner or Operator Certification (*Required fields) The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). *Yes - I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). *Name of certifying official: *Title: *Date: (mm/dd/yyyy) MS4 Annual Report for 2010 City of Eden Prairie Permitting: Annual Report ADDITIONAL INFORMATION Minimum Control Measure 1: Public Education and Outreach [V.G.1] The permit requires each Permittee to implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and steps that the public can take to reduce pollutants in stormwater runoff. [Part V.G.1.a] Continued from Page 2 D. *Did you hold stormwater related events, presentations to schools or other such activities? If yes, please describe (continued from page 2): Conservation Commission had a booth at the Chamber of Commerce Yard & Garden Expo Sponsored an Environmentally Friendly Turf Maintenance Workshop at the Chamber Expo Provided a booth at the Super Valu Earth Expo City Council held a workshop with the Lower Minnesota River Watershed District to discuss river bluff erosion Presented information on native plant benefits for a chapter of the Wild Ones group Sponsored a Living with Shoreland workshop through the Eden Prairie Community Education The Conservation Commission had a booth at the City’s Open House Environmental Coordinator spoke at the 2010 annual meeting for the Mitchell Lake Association on lake water quality and measures residents could take to help improve water quality Environmental Coordinator spoke at a Parks & Recreation Commission meeting about lake water quality and goose management Continued operating the Environmental Learning Center - 22 classes attend in 2010 G. List those entities with which you have partnered during the 2010 calendar year to meet the requirements of this MCM and describe the nature of the agreement(s). Attach a separate sheet if necessary: Watershed Partners Clean Water Minnesota Media Campaign (contributed $3,500) League of Minnesota Cities - Minnesota Cities Stormwater Coalition (contributed $1,625) Metro Blooms - Lower Minnesota River Watershed District (contributed $250, advertising in utility bill inserts and classroom space towards a workshop Riley-Purgatory-Bluff Creek Watershed District (coordinated monitoring and education activities) Nine Mile Creek Watershed District (worked with the Environmental Education Committee to coordinate education activities between cities and the District) Watershed Partners (provided volunteers for the water quality exhibit at the State Fair) Metro Children’s Water Festival (provided a volunteer for the water festival) Water Resources Coordinators Group (managed the group to provide educational opportunities for MS4s on water quality and stormwater topics) MS4 Annual Report for 2010 City of Eden Prairie Permitting: Annual Report ADDITIONAL INFORMATION Hennepin County – Wetland Health Evaluation Program (provided laboratory space, volunteers and $3,500 for the program) Metropolitan Council Environmental Services – Citizen-Assisted Monitoring Program (provided volunteers for 2 lakes and $350) / Continued from Page 3 If you answered yes in question D. above, a complete copy of your illicit discharge prohibition ordinance or other regulatory mechanism addressing the requirements of Part V.G.3.b. of the Permit must be submitted with this MS4 Annual Report. Please provide the URL/reference where your illicit discharge ordinance or other regulatory mechanism may be found. Include specific code numbers if available: www.edenprairie.org/vCurrent/upload/contents/228/City%20Code%20Chapter%2011%203-11.pdf The provisions relating to illicit discharges are in Subdivision 4 of City Code Section 11.03 Subd. 4. Performance Standards. Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These standards shall be considered "excessive when they exceed or deviate from the limitations set forth in the following performance specifications: F. Wastes. All solid waste material, debris, refuse, or garbage shall be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter shall be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge into the City sanitary sewerage system shall not exceed 200 gallons per site acre per hour between the hours of 9:00 o'clock a.m. and noon. Use for the dumping or storage above ground or under the surface of chemical waste and other hazardous waste products will not be permitted because of the potential hazards that may be created to public health, safety, and welfare in all Districts. Source: Ordinance No. 35-94 Effective Date: 9-30-94 In addition, the State Plumbing Code (Minnesota Rules 4715.0200) is used to prevent discharging of materials to the stormwater system. 4715.0200 BASIC PLUMBING PRINCIPLES. This code is founded upon certain basic principles of environmental sanitation and safety through properly designed, acceptably installed and adequately maintained plumbing systems. Some of the details of plumbing construction may vary but the basic sanitary and safety principles desirable and necessary to protect the health of the people are the same everywhere. As interpretations may be required, and as unforeseen situations arise which are not specifically covered in this code, the twenty three principles which follow shall be used to define the intent. W. Sewage or other waste shall not be discharged into surface or subsurface water unless it first has been subjected to an acceptable form of treatment. CITY COUNCIL AGENDA SECTION: Consent Agenda DATE: June 14, 2011 DEPARTMENT/DIVISION: Leslie Stovring Public Works /Environmental ITEM DESCRIPTION: IC 11-5790 Pond Inventory Project ITEM NO.: VIII.E. Requested Action Move to: Approve the Professional Services Agreement for the Pond Inventory Project from Wenck Associates in the amount of $118,077. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within watersheds for Staring, Eden and Neill Lakes. The inventory will be used to select projects for completion after 2011. This project is the second step towards completing the city-wide stormwater treatment inventory required in the Schedule of Compliance (SOC) set by the Minnesota Pollution Control Agency. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. However, the SOC requires additional inspections to determine stormwater treatment volume and effectiveness for each stormwater treatment area. The scope of work that will be used to complete the inventory was approved by the MPCA on April 18, 2011. The City has identified approximately 100 stormwater treatment areas within the study area. The estimate was based on the consultant evaluating 75 to 100 stormwater treatment areas for the project. The services Wenck will provide include items such as the following: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency (%) for phosphorus and sediment. • Determine which ponds need sediment removal. • Develop a model to evaluate the watershed runoff entering each lake from the study area. • Determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the lake and/or Purgatory Creek. The estimated cost for 2011 is $ 118,077 based on analysis of 100 stormwater treatment areas within the study area. Stormwater treatment areas that receive no public drainage do not need to be included in the inventory. Costs will be paid from the storm water utility fund. Attachments • Proposal for Stormwater Pond Inventory Project • Figure 1 –Project Areas May 24, 2011 PROPOSAL FOR PHASE II POND INVENTORY, MAINTENANCE PROGRAM EVALUATION Prepared for: Prepared by: Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359-0249 CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie, Minnesota 55344 May 20, 2010 Ms. Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Proposal for Phase II Pond Inventory, Maintenance Program Evaluation Dear Ms. Stovring: Thank you for the opportunity to submit this proposal to assist the City of Eden Prairie with the Phase II Subwatershed Pond Inventory, Maintenance Program Evaluation and Lake Modeling. Our proposal will demonstrate that the Wenck approach is the best choice for the City both now and for future maintenance evaluations. We have assembled the same team of engineers and scientists that completed the Phase I effort. Our team has considerable experience in providing the GIS, inspection, modeling, and reporting services necessary to build upon the success of the Phase I project for the City. Our team is enthusiastic about continuing to serve the City, and we trust you will find Wenck to be well-qualified and responsive to your needs. Our employee-owners pride themselves on providing unmatched service, sound strategic advice, and technical excellence that fosters good decision-making and helps realize on-the-ground improvements. Thanks for the opportunity to work with you again. Sincerely, WENCK ASSOCIATES Joe Bischoff Ed Matthiesen, P.E. Project Manager Principal (763)-479-4229 (763) 479-4208 jbischoff@wenck.com ematthiesen@wenck.com Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359-0249 (763) 479-4200 Fax (763) 479-4242 E-mail: wenckmp@wenck.com Table of Contents Why Wenck? ............................................................................. 1 Project Approach ...................................................................... 2 Tasks, Schedule, and Budget .................................................. 9 Why Wenck? 1 Wenck Associates, Inc. is a full-service environmental and civil engineering firm with experience in planning, design, construction, and maintenance of water resource and storm drainage facilities. We have worked with municipal, county, watershed, and private clients to inventory and evaluate their infrastructure and maintenance plans to assure compliance with federal, state, and local regulations as well as to meet engineering and good housekeeping standards. We understand and are experienced with the Minnesota Pollution Control Agency’s NPDES stormwater general permit and industrial stormwater standards. Wenck completed the City of Eden Prairie’s Local Water Management Plan, the Plan Update, and the Nondegradation Plan and brings to the City skills and experience that expand on those previous projects. Presently, we are wrapping up the Phase I project (Staring Lake subwatershed pond inventory). We presented preliminary results to MPCA with the City. We understand the cost of collecting the data and will lobby the MPCA on the City’s behalf to reduce Wenck’s scope of work/budget to capture the cost effective data useful to the City. The proposed 2nd phase of the study will apply approaches similar to those applied in Phase I. As applicable, Wenck will take the Nondegradation Assessment and Local Water Management planning documents a step further to evaluate whether current conditions satisfy goals outlined in the plans. Throughout this proposal, we intend to demonstrate the following benefits the Wenck team offers the City. ♦ Easy-to-Use Technical Information Wenck engineers and scientists pride themselves on technical excellence. More important, however, Wenck staff is focused on conveying the meaning of this technical information to the client and how it will impact their business or operation. Just recently, Wenck staff presented Staring Lake subwatershed study results to the MPCA meeting in tabular and graphic formats. The MPCA used terms like “impressed” and “great job” during Wenck’s presentation. Wenck’s presentation of the 122 ponds inventoried was easy to digest, concise yet instructive. ♦ Established Working Relationships The Wenck team is very familiar with surface water resources in the City. We wrote your Nondegradation Assessment and Local Water Management Plan and Plan Update. We have worked with City staff, files, and models in the past. This familiarity will save the City time and money in not having to re-educate us on how you execute projects. ♦ Looking to the Future Wenck intends to build upon the success of the Staring Lake subwatershed by adding to the electronic, GIS-based approach will enable easy transfer and display of information to City staff, residents and policy-makers. Project Approach 2 The Wenck team proposes to provide the City of Eden Prairie with the second phase of engineering consultant services expanding the existing inventory and analysis of stormwater facility performance and maintenance needs. As shown in Figure 1, the Phase II study will include subwatersheds tributary to Eden Lake and Neill Lake, as well as a few remaining Staring Lake subwatersheds (between Purgatory Park and Edenvale Park). Wenck’s approach will build upon the Phase I effort, and continue use of an all-electronic method of evaluating, collecting and processing the pond inventory and maintenance needs. This method will allow for easy transfer of data to City staff and application to other subwatersheds in the City and add to the Phase I database. Task 1 – Stormwater System Analysis This task consists of identifying basins where the City is responsible for maintenance and selecting basins for further field evaluation. (Throughout this proposal, we will refer to constructed stormwater ponds and stormwater wetlands collectively as “basins.”) Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. We will continue collaborating with City staff in determining which basins may be under drainage and utility easements. There appear to be between 75 to 100 basins located in the Phase II subwatersheds based on Figure 1. We will verify that number using the Local Drainage Plan Update, Local Water Management Plan, and GIS files with 2-foot contour data. After establishing the total number of basins, we will discuss with City staff whether all basins must be selected for field evaluation (Task 2). Rather than evaluating all basins, Wenck will reduce City cost by selecting basins based on the likelihood of sedimentation and the relative significance of the basin in the overall stormwater treatment system. Wenck will evaluate each basin on a case-by-case basis by considering factors such as basin size, the size and land use of the tributary area, and the proximity to sensitive downstream water bodies. In general, the basins selected for field evaluation will be those considered to have the greatest potential for maintenance needs related to sediment build-up. MS4 permit requirements, however, may require eventual field evaluation of the “non-selected” basins. Task 1 also includes two important meetings. The first is the kick-off meeting with City staff to further discuss project goals and refine the scope of work as necessary to ensure it satisfies the items noted in the “Schedule of Compliance” issued by the MPCA and MS4 requirements. We suggest inviting MPCA to this meeting to ensure that they buy into the approach and agree to proposed reductions in field data collected. We understand that a second meeting may be necessary to ensure that all relevant data has been collected from the City for Wenck to start the project. After completion of Task 1, the Wenck Project Manager will meet with City staff a third time to determine which basins will be selected to undergo additional analysis in Tasks 2 and 3. Project Approach (cont.) 3 Task 1 Deliverable: Spreadsheet or database listing the water bodies identified for inclusion in the project. Task 2 – Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. This information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). Wenck will review or collect the following by visual inspection: Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If possible, these plans will be taken into the field with the inspector to allow for easy comparison between the proposed and constructed facilities. Photograph basin features. Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash racks, repairs to damaged structures) using the “Stormwater System Follow-Up Checklist” provided in the Request for Proposals. This information will be entered into our hand-held GPS unit such that it can be easily downloaded into the City Water Body Inventory database or a spreadsheet back in the office. Estimate the percentage of the pond’s permanent pool surface regularly covered by aquatic vegetation. Measure the basin length and width. Wenck will conduct a more detailed survey of the basin sedimentation and interaction with the groundwater table. We will conduct the sedimentation survey using a survey-grade sub- centimeter GPS unit. The survey will include a bathymetric survey of the basin, estimation of accumulated sediment depth, water surface elevation, and basin outlet/overflow data. Cross- sections will be surveyed throughout each basin to determine the bathymetry, and we will estimate the depth of sediment using a metal probing rod. We do not believe that soil borings and subsequent soil analysis are warranted to determine the original bottom of the basin. Similar to work we have done in County Ditches and at Albert Lea Lake (18 feet of accumulated sediment), the probe is advanced into the basin muck until resistance is felt (the original basin bottom). We will record that depth and compare it to the design, if available. Wenck staff will estimate the local groundwater table using a 2- or 4-inch hand auger. Similar to wetland delineation, the hand auger will be advanced into the soil to determine the depth of saturated soils. This depth will then be compared to the normal water level of the basin to determine if the basin intersects local groundwater. For comparison, we will also review other local groundwater data that may be available. Wenck anticipates that some of the following items will be eliminated from the Phase II data collection/reporting effort: · Basin length and width · Estimation of accumulated sediment depth (current vs as built drawings) · On-line or Off-line Project Approach (cont.) 4 · Field Measurements of local groundwater table · Reporting of Design or As-Built Information · Any comparison of existing to Design or As-Built Information It is anticipated that the MPCA may require documentation or discussion of reasoning, as discussed in the Phase I meeting held April 18, 2011. Depending on MPCA’s approval of reducing data collection and analysis efforts, it is expected that the scope and budget of remaining tasks would require further revisions. After completing Task 2, Wenck will meet with City staff to review the results of Task 2 and the scope of work for Task 3. Task 2 Deliverable: Expand the spreadsheet or database from Task 1 to include the measured parameters from Task 2. Task 3 – Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. Wenck will use ArcMap software to import the GPS survey data from the field evaluation to determine the degree of sediment deposition in each basin. The ArcMap software will allow Wenck to calculate the volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area, permanent pool volume, and live storage volume. From this information, we will then estimate the degree of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or as-built plans are not available, we will determine the degree of sedimentation using the probing rod results for those cases. Using the spreadsheet from Task 2, Wenck will calculate the water quality volume draining to the basin and the permanent pool volume within the basin. Flood elevations will be obtained from design plans, or estimated using the top elevation of the basin. Following guidance from the Minnesota Stormwater Manual, we will determine if each basin is on- or off-line, map the path of stormwater flow, and calculate the length to width and ratios of permanent and temporary storage area to the drainage area. Wenck will determine the load-based removal efficiency of each basin using a numerical relationship developed from the computer model P8. We will run the P8 model with a “dummy” subwatershed and variety of pond permanent pool volumes to determine the total suspended solids (TSS) and total phosphorus (TP) removal efficiencies. These removal efficiencies will then be compared to those for a basin designed to NURP standards. This will produce a simple relationship with which to compare each basin evaluated in the field. Wenck will prioritize basin maintenance based on the degree of sedimentation found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of increasing permanent pool volumes. We will discuss with City staff whether the plain-sight maintenance needs identified during the field evaluation should be included in our prioritization. Project Approach (cont.) 5 The City may wish to exclude and evaluate these items on a case-by-case basis and incorporate them into ongoing maintenance programs. Wenck and City staff will meet at the completion of Task 3 to discuss the priority rankings and determine which basins will be selected for the NURP Criteria Analysis in Task 4. Task 3 Deliverable: Expand the spreadsheet or database from Task 2 to include the calculated parameters from Task 3. The data will be in a format compatible with the City’s GIS system. Task 4 – NURP Criteria Analysis The purpose of Task 4 is to quantify the water quality improvement of dredging or expansion of the priority basins with the goal of satisfying NURP standards. The rankings developed in Task 3 will indicate which basins require dredging or could be expanded. We do not anticipate that all basins included in the field inventory will be selected for analysis in Task 4 because of physical (site restraints) or ownership limitations. NURP standards require that stormwater ponds have a permanent pool volume that is at least equal to the runoff from a 2.5-inch, 24-hour storm event. For the priority basins, Wenck will estimate the amount of dredging or expansion that is practical and re-evaluate the load-based removal efficiency. Task 4 Deliverable: Expand the spreadsheet or database from Task 3 to include the revised load-based removal efficiency from Task 4. Task 5 – P8 and Bathtub Analysis The purpose of Task 5 is to provide the City with an expanded assessment of City pond performance in the Purgatory Creek watershed. Wenck proposes the following additional tasks to provide the City with updating the Phase I P8 and lake-response models for Eden Lake and Neill Lake. P8 is an industry-standard model developed to assess pollutant loading in urban watersheds. Similarly, BATHTUB is widely-used model used to assess in-lake pollutant concentrations as a result of external and internal loads. P8 will be used to generate and predict external loads for the BATHTUB model. Project Approach (cont.) 6 We will complete the following tasks to accomplish the scope of work: Task 5A. Data Analysis Task A entails the collection and processing of data through GIS for developing watershed inputs for the P8 Model. The same process for developing model inputs will be used for this analysis as was used to create the models for the Nondegradation Plan. Input data includes subwatershed area, the watershed impervious fraction, and the pervious area curve number. Task 5B. P8 Modeling Wenck developed a P8 model for Phase I that was an expansion of the Staring Lake Watershed P8 model for the City of Eden Prairie’s Nondegradation Plan. We will expand on this model to include the Phase II basins identified for field evaluation in Pond Inventory Project. Watershed information will be determined from the land use analysis and basin data will be taken directly from the field evaluation. The model will be validated using water quality monitoring data where available. Task 5C. Evaluate P8 Model Results P8 will be used to calculate watershed runoff loads for TSS and TP. Inserting basin data obtained from Pond Inventory Project will allow us to calculate the approximate amount of TSS and TP removed by the basins. These values, in turn, will serve as input for the BATHTUB analysis. Task 5D. Obtain Sediment Cores from Neill Lake and Eden Lake Bottom Sediments. To assess the role of watershed loads in affecting Neill Lake and Eden Lake water quality, it is important to know the level of internal loading in the lakes. To assess the internal load, Wenck will collect sediment cores from the deepest part of the lake and measure the anoxic release of phosphorus from the sediments. These results will be combined with dissolved oxygen and temperature profiles from Neill Lake and Eden Lake to develop annualized phosphorus loads from the sediments. Task 5E. BATHTUB Modeling and Analysis. Once the watershed load and internal load has been determined using a similar methodology as completed in Phase I for Staring Lake, Wenck will expand the spreadsheet version of BATHTUB to assess in-lake water quality response. This model will be conducted for up to 10 years depending on the availability of the data. The lake response model will then be used to determine the required level of effort in pond maintenance to meet established lake water quality goals such as state eutrophication standards. Task 5F. Draft Technical Memorandum to Summarize Results. Wenck will draft a technical memorandum to describe the modeling methods, results, and conclusions. We will evaluate the results of the Pond Inventory Project and discuss the implication on Neill Lake and Eden Lake. For example, the Pond Inventory Project may Project Approach (cont.) 7 show that significant maintenance of stormwater ponds is necessary; however, the P8 and BATHTUB assessment may show that Neill Lake and Eden Lake are still protected, and perhaps being improved, although pond maintenance is needed. Task 6 – Report Requirements Upon completion of the analysis, Wenck will complete a final report to summarize the methods and results of the study. The report will detail the methods of the field evaluation and analysis from Tasks 2-5, and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight maintenance activities will be summarized using tables and figures rather than a detailed explanation for each individual basin visited during the field evaluation. We will also discuss easement needs for the City to consider. The report will present cost considerations for the recommended maintenance activities. Among these, dredging and disposal of sediment is likely the most costly. Therefore, our planning-level cost estimates will include costs for sediment characterization, mobilization, site preparation, dredging, sediment disposal, minor storm sewer work, site restoration, and erosion control. We will also discuss cost impacts if contamination is identified in any dredged material. The report will also identify whether proposed improvements will require a permit. Local, state and federal permits for construction may be required. Most importantly, though, is that the Minnesota Wetland Conservation Act (WCA) may apply to any proposed work in stormwater wetlands. The report will address what actions by the City do and do not require a WCA permit. Wenck will submit a draft report to City staff for review and approval prior to finalizing the report. We expect one meeting with City staff and one meeting with the Conservation Commission to present the results and recommendations of the study. Task 6 Deliverables: Final spreadsheet or database from Task 4. All GIS files. Project report to include all office, field and modeling analyses conducted by the project team. Task 7 – Meetings, Project Management & Project Summaries Task 7 includes attendance at the seven meetings noted in Tasks 1-6 above, mileage, and project coordination time. The task also includes drafting of a project summary to be attached to each invoice. The project summary will detail the amount billed to date, tasks which need to be completed, the estimated cost to complete these tasks, and the projected timeline for completion of the project. Task 7 Deliverables: Attendance at meetings specified in Tasks 1-6 above. A project summary report with each monthly invoice. Project Approach (cont.) 8 BATHTUB assessment may show that Neill Lake and Eden Lake are still protected, and perhaps being improved, although pond maintenance is needed. " ·'Se Wenck Engineer5 · SCi e ntists Tasks, Schedule, and Budget 9 There are six primary tasks to complete the Phase II project. As we identified in the Project Approach, Wenck has added Task 7 to account for meeting time, project management, and project summaries. We are ready to begin Task 1 as soon as the City issues the notice to proceed. Our proposed schedule (Table 1) is flexible and can be adjusted to meet the specific needs of the City. Table 1. Tasks and schedule to complete Phase II of Eden Prairie’s Pond Inventory and Maintenance Evaluation and P8 and BATHTUB models. The proposed budget has been estimated on a time and materials basis and includes expenses (mileage, printing, etc.). The tasks and cost per task are identified in Table 2. Table 2. Budget to complete the Eden Prairie Pond Inventory and Maintenance Evaluation. Task ID Description Not-to-Exceed Amount TASK 1 Stormwater System Analyses $6,700 TASK 2 Sedimentation Survey $360 / pond TASK 3 Pond Analysis $165 / pond TASK 4 NURP Criteria Analysis $105 / pond TASK 5 P8 or BATHTUB meetings 5A Data Analysis $3,202 5B P8 Modeling $81 / pond 5C Evaluate P8 Model Results $3,556 5D Obtain Sediment Cores from Neill Lake and Eden Lake $6,000 5E BATHTUB Modeling and Analysis $5,712 5F Draft Technical Memorandum $4,712 TASK 6 Report Requirements $137 / pond TASK 7 Meetings, Project Management & Project Summaries $7,910 Tasks, Schedule, and Budget 10 The cost to complete the project is presented in Table 2 on a per pond basis and as a range to give the City an idea of the total cost of the project. In discussion with City staff, the total number of basins to be considered for the inventory ranges from 75 (only those greater than 0.25 acres) to 100 (all basins). We assume that some basins will not be evaluated due to location, size, type (i.e., ditch), or drainage area. Therefore, the total cost will likely range from $98,032.00 (75 basins) to $118,077.00 (100 basins). Engineers - Scientists Business Professionals www.wenck.com Grass Lake Anderson Lake Bryant Lake Staring Lake Mitchell Lake Red Rock Lake Duck Lake Neill Lake Birch Island Lake Smetana Round Lake Little Rice Lak Eden Lake McCoy Lake Lake Idlewild CITY OF EDEN PRAIRIE Stormwater Pond Inventory MAY 2011 Figure 1 1800 Pioneer Creek Center Maple Plain, MN 55359-0429 1-800-472-2232 4,000 0 4,0002,000 Feet ³ Wenck 2010 Aerial Photograph (LMIC) Legend Eden Prairie Subwatersheds Staring Lake Subwatersheds Completed in Phase I Pond Inventory Proposed Subwatersheds for Phase II Pond Inventory Subwatershed Flow Direction Mitigated Wetlands (1) Infiltration BMPs (1) Wetlands (17) Constructed Ponds (23) Stormwater Wetlands (46) Path: L:\0094\00\Neil Lake Subwatershed.mxd Rev. 8-07-2009 Standard Agreement for Professional Services This Agreement is made on the Fourteenth day of June 20lL, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates Inc. a Minnesota Environmental Consultant (hereinafter "Consultant") whose business address is1800 Pioneer Creek Center, PO Box 249, Maple Plain, MN 55359_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for _ Phase II Pond Inventory, Maintenance Program Evaluation hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work/Proposal. The Consultant agrees to provide the professional services shown in Exhibit "A" (Proposal for Phase II Pond Inventory, Maintenance Program Evaluation) in connection with the Work. The terms of this standard agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. 2. Term. The term of this Agreement shall be from June 14,2011 through August 30,2012 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $118,077 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have pr"lor written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 1 5. Rev. 8-07-2009 A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. Owner's Representative. A person shall be appOinted to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. Method of Payment. The Consultant shall submit to the City, on a monthly itemized invoice for professional services performed under this Agreement. submitted shall be paid in the same manner as other claims made to the City for: basis, an Invoices A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services performed prior to receipt of written notice from the City of such suspension, all as shown on Exhibit A. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described in Section 3B, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following Signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Joe Bischoff and Pam Massaro to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace these designated staff from the Project without the approval of the City. 2 Rev. 8-07-2009 7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disr:losure. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the work identified in Paragraph 1. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contrador and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota 3 Rev. 8-07-2009 Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but 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 4 Rev. 8-07-2009 services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Employer's Liability Comprehensive General Liability Comprehensive Automobile Liability Umbrella or Excess Liability Statutory Limits $500,000 each accident $500,000 disease policy limit $500,000 disease each employee $1,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products -Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not 5 Rev. 8-07-2009 available. I. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. Consultant's aggregate liability for claims relating to its professional services will not exceed the professional liability limit required under this Agreement E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current AM. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to 6 Rev. 8-07-2009 enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement 7 Rev. 8-07-2009 resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. Any federal regulations and applicable state statutes shall not be violated. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day an.d year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME ~y,~~~~- '- 8 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 14, 2011 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: IC 10-5781 Approve Plan and Specifications and Order Advertisement for Bids for the Cherokee Trail Utility Improvements ITEM NO.: VIII.F. Requested Action Move to: Adopt resolution approving plans and specifications and ordering advertisement for bids for I.C. 10-5781, Cherokee Trail Utility Improvements. Synopsis With the assistance of HTPO, Inc. the Engineering Division has prepared plans and specifications for the Cherokee Trail Utility Improvements. Construction of the project is planned to start in July with completion this fall. Background Information This project entails relocating existing public watermain and sanitary sewer lines that are currently partially located under an existing garage of a single family home on Cherokee Trail. This condition was identified while field locating and obtaining GPS coordinate information on all existing utility infrastructure. Because this is a safety issue, the Engineering Division has been working with the property owner on a solution to relocate the public utility lines. The proposed plans will address this situation. Staff is currently working on obtaining all the necessary easements to complete this work. Financial Implications The current total project cost estimate is approximately $150,000. Funding for this project will be through the Utility Enterprise Fund. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CHEROKEE TRAIL UTILITY IMPROVMENTS I.C. 10-5781 WHEREAS, the City Engineer, with the assistance of HTPO, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 10-5781 – Cherokee Trail Utility Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer’s Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in a trade publication an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published no less than three weeks prior to the published bid opening, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on June 14, 2011. ____________________________________ Nancy Tyra-Lukens, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 14, 2011 DEPARTMENT/DIVISION: Randy Newton Public Works / Engineering ITEM DESCRIPTION: IC 10-5782 Approve plan and specifications for the Valley View Road / Prairie Center Drive Intersection Improvements and authorize the purchase of signal equipment for the project. ITEM NO.: VIII.G. Requested Action Move to: Adopt resolution approving plan and specifications for I.C. 10-5782, Valley View Road / Prairie Center Drive Intersection Improvements and authorize the purchase of signal equipment for the project. Synopsis With the assistance of WSB & Associates the Engineering Division has prepared plans and specifications for the Valley View Road / Prairie Center Drive Intersection Improvements. Construction of the project is scheduled to occur in August and September of this year. During construction Valley View Road is planned to be closed to traffic for a period of five weeks. In order to meet this schedule a majority of the signal equipment must be procured and purchased in advance of the bidding and award of the contract. Background Information The planned improvements to the Valley View Road / Prairie Center Drive intersection provide additional vehicle capacity by providing a right turn lane and a second left-turn lane on the east (Valley View Road) approach to the intersection. The project includes the complete reconstruction of Valley View Road to the east of Prairie Center Drive and a new traffic signal at the Valley View Road / Prairie Center Drive intersection. As part of the improvements the new traffic signal will include Flashing Yellow Arrow left turn signal indications. Construction of the project is currently scheduled to occur in August and September of this year and will take approximately 5 weeks to complete. In order to most efficiently construct the improvements Valley View Road is proposed to be closed during construction of the project. An evaluation of the staging alternatives for the project indicated that closing the roadway will allow it to be constructed in approximately half the time and will save 20 to 30 percent in construction costs as opposed to keeping the roadway open during construction. An Open House for the project was held on June 2, 2011 in which approximately 30 people attended. Prior to the Open House 820 notices were mailed to residents, businesses, and property owners in the vicinity of the proposed project. Feedback that was received at the Open House and through other communication with businesses and residents has been generally supportive of both the project and the proposal to close the road during construction. In order for the project to proceed as scheduled staff is proposing to procure and purchase signal equipment now to assure its availability for timely construction of the project. Lead time for most of this equipment ranges from 6 to 10 weeks and requiring the contractor to order this equipment after award of the project will put the project at significant risk for a timely completion this fall. The anticipated cost of the equipment to be pre-purchased is approximately $100,000 which is about 15% of the current construction cost estimate. Financial Implications The total project costs for the Valley View Road / Prairie Center Drive Intersection Improvements are currently estimated at $850,000. The City has been awarded a $275,000 grant from the Department of Employment and Economic Development’s (DEED) Innovation Business Development Public Infrastructure Program to help fund the project. The remainder of the project will be paid using TIF funds. Attachments • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, ORDERING ADVERTISEMENT FOR BIDS AND PROHIBITING PARKING ON VALLEY VIEW ROAD FOR THE VALLEY VIEW ROAD / PRAIRIE CENTER DRIVE INTERSECTION IMPROVMENTS I.C. 10-5782 WHEREAS, the City Engineer, with the assistance of WSB & Associates, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 10-5782 – Valley View Road / Prairie Center Drive Intersection Improvements and has presented such plans and specification to the Council for approval. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1) That said plans and specifications, a copy of which is on file for public inspection in the City Engineer’s Office, are hereby approved. 2) That the City Clerk shall prepare and cause to be inserted in the official paper and in a trade publication an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published no less than three weeks prior to the published bid opening, shall specify the work to be done, shall state the date and time that the bids will be publicly opened and the City Council meeting at which they will be considered. No bids will be considered unless sealed and filed with the Engineering Division and accompanied by a cash deposit, cashier’s check, bid bond or certified check payable to the City of Eden Prairie for 5% (percent) of the amount of such bid. 3) That the City agrees to provide the enforcement for the prohibition of on-street parking on those portions of said Project I.C. 10-5782 (S.A.P. No. 181-123-002) within its corporate limits. ADOPTED by the Eden Prairie City Council on June 14, 2011. ____________________________________ Nancy Tyra-Lukens, Mayor ATTEST: SEAL ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: June 14, 2011 DEPARTMENT/DIVISION: Police Department Lieutenant Bill Wyffels ITEM DESCRIPTION: Resolution Declaring "Abandoned Property" ITEM NO.: VIII.H. Requested Action Move to: Adopt resolution declaring property as "abandoned property." Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment, and miscellaneous items that remain unclaimed. City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by City Council to declare unclaimed property that has been in the possession of the City for over 90 days as "abandoned property." Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011- DECLARATION OF ABANDONED PROPERTY WHEREAS, City Code 2.86 Subd. 2 requires adoption of a resolution by City Council to declare unclaimed property such as bicycles, stereo/electronic equipment, and miscellaneous items as "abandoned property;" and WHEREAS, the property has lawfully come into the possession of the City in the course of municipal operations; and WHEREAS, the property remains unclaimed by the owners; and WHEREAS, the property has been in the possession of the City for over 90 days. NOW THEREFORE, BE IT RESOLVED that the City of Eden Prairie declares the unclaimed property as "abandoned property." ADOPTED by the City Council on June 14, 2011. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Abandoned Property for Auction Exhibit A Property ORI Case Number Description MN0270000 2007-00003088 Heat Sealer MN0272600 2003-00017381 (4) Logitech speakers wmetal base MN0272600 2009-00045195 #01 - Nintendo Wii Sports Game System MN0272600 2010-00031030 Sector 9 Gullwing Skateboard, Red Underside w Lion's Tape Sticker on it MN0272600 2010-00033553 Coach Wallet MN0272600 2010-00034299 Large Bag of Recovered Clothes, Bags and Bedding MN0272600 2010-00034340 Easton Reflex 7050 Alloy Baseball Bat - 12.5 Blu wBlk Handle Wrap MN0272600 2010-00043672 Specialized Hot Rocks RedBlack 21-speed MN0272600 2011-00000809 (1) Carriage Indiglo Watch, Silver MN0272600 2011-00000809 (1) Gold Earring "V" Shaped MN0272600 2011-00000809 (1) Pair of Pearl Stud Earrings MN0272600 2011-00000809 (1) Silver Stud Earring w Large Clear Stone MN0272600 2011-00000809 (1) Silver Stud Earring wClear Stone MN0272600 2011-00000809 (1) Womens Silver Necklace wClear Stone MN0272600 2011-00000809 Ladies Wedding Ring w Clear Stone - Small Size MN0272600 2011-00000809 Silver Colored Bracelet wFlowers + Clear Stones MN0272600 2011-00000809 Silver Colored Necklace w(2) Interlocking Hearts MN0272600 2011-00000809 Womens Seiko SilverGold watch wBlack Face Property for Conversion Exhibit B Property ORI Case Number Description MN0270000 2007-00000117 #06 - $6.71 in CurrencyCoin MN0270000 2007-00001480 Pg 02 - #06 - AWS Digital Scale MN0270000 2007-00003435 #02 - Dell Inspiron 8500 Laptop Computer MN0270000 2007-00003435 #03 - Dell Inspiron 6000 Laptop Computer MN0272600 2003-00017381 Item #4, Pg 1 - Blk Canvas Laptop Bag MN0272600 2003-00017381 Paper Trimmer MN0272600 2003-00017381 Torch Kit & Contents MN0272600 2005-00051118 Pg 3 - #14(a) - Western Digital WD2500 Hard Drive from Item #14 - Model WD2500JS-55NCB1 MN0272600 2005-00051118 Pg 3 - #14(b) - Western Digital WD2500 Hard Drive from Item #14 - Model WD2500JS-55NCB1 MN0272600 2005-00051118 Pg 3 - #15(a) - Maxtor DiamondMax10 Model 6L250S0 Hard Drive from Item #15 MN0272600 2005-00051118 Pg 3 - Item 5(a) - Western Digital External USB Hard Drive from Item #5 - Model WD1200B015 MN0272600 2007-00012617 (2) FRS BE-1438SP 2-Way Radios, Ser #C0512950 + C0512953 MN0272600 2007-00012617 (6) Miscellaneous Flashlights MN0272600 2007-00012617 (8) Miscellaneous Tools MN0272600 2010-00030341 $105.75 Cash (Five $20, Five $1, Three Quarters) MN0272600 2011-00008325 #4 - AWS Scale wLeather Case 02/03/2011 - 06/01/2011 Page 1 of 1 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: June 14, 2011 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Scott Kipp ITEM DESCRIPTION: T-Mobile Cellular Tower Co-location 7595 Anagram Drive ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 2.93 acres Synopsis This is an integration of a telecommunication antenna on an existing 100 foot Xcel Energy tower for a total of 110 feet. Background Information The maximum height of a tower shall not exceed one foot of height for every four feet the tower is set back from a rural or residential zoned district. The 110 foot tower height would require a setback of 440 feet. The existing tower is 320 feet from the residential zoned district. City code states that “a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a Place of Worship steeple, light standard, power line support device or similar structure”. The developer seeks integration of the antenna with the existing tower and the Council’s support for the 320-foot setback. The 120-Day Review Period Expires August 12, 2011. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the developer’s option at its May 23, 2011 meeting. The unapproved minutes for this meeting are not available at this time. Attachments 1. Resolution for Site Plan Review 2. Staff Report dated May 20, 2011 3. Setback Graphic 4. Location Map 5. Land Use Map 6. Zoning Map 7. May 23, 2011 Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2011-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR T-MOBILE CELLULAR TOWER CO-LOCATION – 7595 ANAGRAM DRIVE WHEREAS, T-Mobile Cellular, has applied for Site Plan approval to co-locate telecommunication antennas on Xcel Energy Tower No. 105 for a total tower height of 110 feet; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 23, 2011 meeting and recommended approval of said site plan; and WHEREAS, the City Council has reviewed said application at a public hearing at its June 14, 2011 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval be granted to T-Mobile Cellular based on plans stamp dated April 15, 2011. ADOPTED by the City Council of the City of Eden Prairie this 14th day of June, 2011. _______________________ Nancy Tyra-Lukens, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Senior Planner DATE: May 20, 2011 SUBJECT: T-Mobile Cellular Tower Co-location APPLICANT: T-Mobile OWNER: Xcel Energy LOCATION: 7595 Anagram Drive 120 DAY REVIEW: Expires August 12, 2011 REQUEST: 1. Site Plan Review on 2.93 acres for a co-location of a telecommunication antenna on an existing Xcel Energy tower. The proposed antenna and existing tower will total 110 feet. BACKGROUND A T-Mobile cellular co-locati on is proposed to be construc ted on Xcel Energy tower No.105 located at 7595 Anagram Drive to accommodate greater coverage for the surrou nding area, particularly to the north. The Xcel tower site is guided and zoned Industrial. Surrounding land use is Industrial to the south, east, and west, and Medium and High Density Residential to the north. SITE PLAN REVIEW A site plan review is required for any cellular to wer greater than 80 feet in height. T he existing Xcel tower and proposed antenna results in a tower of 110 feet. A tower setback from residentially zoned property requires four feet of se tback for each foot of tower height, up to a maximum height of 150 feet. The proposed tower requires a setback of 440 feet. Developer Proposed Option City code states that “a tower's setback may be reduced at the sole discretion of the City Council, to allow the integration of a tower into an exis ting or proposed structure such as a Plac e of Worship steeple, light standard, power line support device or similar structure”. Integration of the cellu lar antenna on the exis ting Xcel to wer will ac commodate T-Mobile’s coverage needs while minimizing views from the residential properties to the north. The setback distance is 320 feet between the existing tower and the residential property Staff Report – T-Mobile Cellular Tower Co-Locate – 7595 Anagram Drive May 20, 2011 Page 2 Other Options to Consider 1. Integrate the cellular antennas on another of Xcel’s towers to the east. This would meet the setback requirem ent, but m ay reduce the coverage for the residential neighborhood area. 2. Locate a new cellu lar tower somewhere in the ar ea that meets their needs and the code. Since there are co-location opportunities, this option should not be considered. MECHANICAL EQUIPMENT The mechanical equipment is located adjacent to the tower and is screened by retaining walls and wood gate. SUMMARY The develo per’s option integra tes the cellula r tower with the Xcel tower, and addresses T- Mobile’s coverage needs for the adjacent residential areas. Moving the antenna to the next Xcel tower to the east will allow a 1,000 foot setback, but m ay reduce the westerly residential coverage ar ea T-Mobile is focusing on. Locating a new independent cell tower will add an additional tall structure within the area already with a number of taller structures. STAFF RECOMMENDATION Staff recommends approval of the following request:  Site Plan Review on 2.93 acres. This is based on plans stam p dated April 15, 2011, the staff report dated May 20, 2011 and the following conditions: 1. Prior to Building permit issuance for the property, the proponent shall: A. Work with Eden Prairie Fire and Police to determine that the loca tion of the tower will not interfere with public safety wireless communication, as required by code. B. Obtain a de termination from the FAA that the tower is a ble to be c onstructed in accordance with recomm endations from the FAA, or oth erwise not considered an obstruction. Required 440' Setback Tower Existing 320' Setback Telecommunications T-Mobile - 7595 Anagram Drive Required Setback to Residential Property ¯ Residential Zoned Property SITE Valley View Road £¤212£¤212 QR39 QR39 PRAIRIE CENTER DRT E C H N O L O G Y D RPRAIRIE CENTER DRPLAZA DRZENITH LNA N A G R A M D REXECUTIVE DRSCOT TERSTEWART DREQUITABLE DR VILLA CT BAGPIPE BLVDBUTTERSCOTCH RDPLAZA DR V A L L E Y V I E W RD VALLEY VIE W R D ¯ Area Location Map - T-Mobile Address: 7595 Anagram Drive, Eden Prairie, MN 55344 0 570 1,140285 Feet Anagram Drive Zenith Lane Executive Drive Prairie Center Drive ")5 OP39 SITE Valley View Road Zenith Lane Anagram Drive Prairie Center Drive Executive Drive 0.25 00.125 Miles Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector City of Eden Prairie Land Use GuidePlan Map 2000-2020 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 DATE Revised 02-23-06 DATE Approved 03-19-03 DATE Revised 01-07-05 DATE Revised 11-07-05 DATE Revised 03-23-06 DATE Revised 06-23-06 DATE Revised 12-06-06 DATE Revised 03-01-07 DATE Revised 06-01-07 DATE Revised 10-01-07 DATE Revised 03-01-08 DATE Revised 03-01-09 Guide Plan Map Telecommunications - T-Mobile - 7595 Anagram Drive 7595 Anagram Drive, Eden Prairie, MN Legend Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way OP39 SITE Valley View Road Zentih Lane Anagram Drive Executive Drive Prairie Center Drive City of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. ¯ Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2009 0 0.10.05 Miles Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map Telecommunications - T-Moible - 7595 Anagram Drive7595 Anagram Drive, Eden Prairie MN UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 23, 2011 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Michael Franzen, City Planner Rod Rue, City Engineer Stu Fox, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE – ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Lechelt and Schultz were absent. II. APPROVAL OF AGENDA MOTION by Pitzrick, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 25, 2011 MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 5-0. Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. T-MOBILE by T-Mobile. Location: 7595 Anagram Drive. Request for: • Site Plan Review on 2.93 acres for a co-location of a telecommunication antenna on an existing Xcel Energy tower. The proposed antenna and existing tower will total 110 feet. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 23, 2011 Page 2 Kari Brown, representing T-Mobile, presented the request. She utilized the overhead projector to show the proposed coverage area. She stated if they are able to build this antenna, they would be able to supply more coverage in the area; more people would be able to use their cell phones in their homes. In speaking with Xcel, they agreed they would place the antenna on the very top of the tower with the equipment placed on the bottom of the tower. She said they will match the existing fencing that is already in place. Stoltz asked Franzen to review the staff report. Franzen stated in 1997, when the Telecommunications Tower Ordinance was put in place, there was concern with numerous towers or poles in the area. The City would rather have these towers stacked rather than additional poles set up. Staff recommends approval of this project. Stoltz asked Franzen to review the options listed in the staff report. Franzen stated there were two additional options to consider, but stated staff was comfortable with the proposal. Stoltz opened the meeting up for public input. There was no input. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Kirk, seconded by Wuttke, to recommend approval of the Site Plan Review on 2.93 acres based on plans stamped dated April 15, 2011 and the staff report dated May 20, 2011. Motion carried 6-0. VII. PLANNERS’ REPORT A. New Variance Legislation Franzen stated with this new legislation, no longer in the statute will you have to show hardship. The word “hardship” will be changed to “practical difficulties”. Practical difficulties means: The property owner proposes to use the property in a reasonable manner not permitted by official controls. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The variance, if granted, will not alter the essential character of the locality. With this change, it will be easier to grant variances, but the City will still need to document that the variance meets the practical difficulty test. VIII. MEMBERS’ REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS EDEN PRAIRIE PLANNING COMMISSION MINUTES May 23, 2011 Page 3 XI. ADJOURNMENT MOTION by Wuttke, seconded by Pitzrick, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:53 p.m. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: June 14, 2011 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Scott Kipp ITEM DESCRIPTION: Certificate Of Appropriateness 2011-01-032 ITEM NO.: IX.B. REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness #2011-01-032 for the Dunn Bros. Coffee Store Site Improvements Plan SYNOPSIS The Smith-Douglas-More house located at 8107 Eden Prairie Road was designated a Heritage Preservation Site on September 16, 1997. The property is also eligible for registration as a National Register of Historic Places property. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission and staff reviewed plans for the demolition of the workshop building (Dunn Bros. trash storage building), and new trash enclosure, to ensure compliance with these standards. The Heritage Preservation Commission recommends that the City Council approve the Certificate of Appropriateness. This Certificate of Appropriateness will approve the following items: Workshop: The City is requesting approval of a Certificate of Appropriateness for demolition due to the workshop buildings advanced state of dilapidation. Given the current condition of the building, and the concern for the safety of Dunn Bros. employees and the public, it is recommended that the building be removed. Prior to demolition any significant features or materials will be salvaged for reuse, or conveyed to the Eden Prairie Historical Society. Trash enclosure: The workshop building was used by Dunn bros. to store trash bins, but due to the condition of the building trash bins are now being stored outdoors behind the store. FINDINGS OF FACT The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the meeting was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the application for review and sufficient documentary information on the demolition of the workshop and construction of a new trash enclosure site with screening was provided to the HPC • That the application does meet the Secretary of The Interior’s Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. D., Criteria for Demolition of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness. Workshop Demolition: D. 1. The public’s interest in the preservation of the cultural resource. The dilapidated condition of the building necessitates its removal for safety reasons. The workshop is not the principal historic building on the site and was converted to workshop use in the 1950’s by previous owner Earl More. D. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a heritage Preservation Site. Due to its condition the workshop building lacks the required integrity for designation. D. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. The workshop does not exhibit unique construction or the use of unique materials. Previous owner, Earl More added the cupola with bell to the roof in the 1950’s, which gave the building an old schoolhouse appearance. The bell has been removed and put into storage. The bell did not come from Eden Prairie originally, but was a unique feature of Mr. More’s workshop. D. 4. The ability of the cultural resource to help protect a historic place or prehistoric site or area of historic interest in the City. Not applicable. D. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history, architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage; and c. by making the City a more attractive and desirable place in which to live. The building lacks the historical significance and physical integrity to be considered under this item. D. 6. The cost and economic feasibility of restoring the cultural resource. Due to the extremely dilapidated condition of the building and foundation, restoration is not a viable option. It would be cost prohibitive to restore and the vast majority of the original material could not be reused. Complete reconstruction of the building would be needed and this too is not economically feasible when considering cost and the need for a workshop. Trash Enclosure and Screening: C.1. Every reasonable effort shall be made to provide a compatible use for the property which requires minimal alteration of the buildings, structure, or site and its environment, or to use the property for its originally intended purpose. A trash enclosure with screening is required at the coffee shop business. The trash enclosure area will require minimal site alteration. The scale of the space (17’ x 17’) with appropriate screening is not incongruent with a historic site. C.2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal of any historic material or distinctive features should be avoided when possible. There will not be any impact to the Smith-Douglas-More house. No loss of any historic materials or distinctive features will result from the construction of the trash enclosure or screening. C.3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be avoided. No alteration of an existing structure is planned. The trash enclosure plan, as submitted does not alter existing historical features, or recreate an earlier farmstead feature or appearance. Screening will resemble the type and material used on the mechanical units on the north side of the house. C.4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Not applicable. C.5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure, or site shall be treated with sensitivity. Not applicable. C.6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Not applicable. C.7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Not applicable. C.8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. No archaeological resources are known to exist in the area that will be impacted by the construction of the trash enclosure. Moreover, the area was previously disturbed during the construction of the Dunn Bros. Coffee store addition. C.9. The Commission and the Council shall also consider, when appropriate, the Secretary of The Interior’s Specific Standards for Preservation Projects. The Secretary of The Interior’s Standards for The Treatment of Historic Properties and Guidelines for The Treatment of Cultural Landscapes were considered in the review of this application. HPC RECOMMENDATION The Eden Prairie Heritage Preservation Commission held a public meeting on May 23, 2011, and reviewed the Dunn Bros. Coffee Store Site Improvements Plan per City Code, Section 11.05, Subd. 8. C., Criteria for Certificate of Appropriateness, and Subd. 8. D., Criteria for Certificate of Appropriateness for Demolition of Historic Preservation Site. The Commission voted in favor ___ ___ and recommends that the City Council approve the application for Certificate of Appropriateness No. 2011-01-032. BACKGROUND The City of Eden Prairie leases the Smith-Douglas-More house and property to Ann Schuster (Dunn bros. franchisee). Ms. Schuster has been working with the City to make some needed improvements, most notably the relocation of the coffee shops trash storage to a new location pending the removal of the old workshop. ATTACHMENTS/EXHIBITS Dunn Bros. Coffee Store Site Improvements Plan, dated May 11, 2011 Location of Planned Trash Enclosure Dimension = 17’x17’ Fence Height = 5 Feet Wood Fencing Similar to Fence Around Mechanical Units Cement Slab –At Grade Dunn Bros. Coffee Store Site Improvements Plan Trash Enclosure Location & Shed Demo Plan Existing Fence Around Mechanical Units Existing Fence Along Next to Parking Lot Demo of Shed Site Restoration & Seeding City of Eden Prairie Application for Certificate of Appropriateness Property Location Permit # 2011-01-032 Name: Smith-Douglas-More House (Dunn Bros.) Address: 8107 Eden Prairie Road SHPO Site Number: HE-EPC-032 Applicant Name: City of Eden Prairie Address: 8080 Mitchell Road Phone: 952-949-8300 Property Owner Name: City of Eden Prairie Address: 8080 Mitchell Road Phone: 953-949-8300 Contractor/Architect Performing Work Name: NA Address: Phone: Project Description Major/Minor: Major Demolition of the workshop building located east of the Smith-Douglas-More house (Dunn Bros. Coffee). The workshop is in an advanced state of dilapidation and represents a possible risk to Dunn Bros. employees and the general public. Prior to demolition, any significant materials or features will be salvaged for reuse, or conveyed to the Eden Prairie Historical Society. Once removed, the building site will be restored. Construction of a trash enclosure with screening, northeast of the house. APPLICANT Signature____________________________________________Date_________________________________ CITY OF EDEN PRAIRIE Signature____________________________________________Date_________________________________ UNAPPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY, MAY 23, 2011 7:00 P.M. CITY CENTER PRAIRIE ROOMS A&B COMMISSION MEMBERS Ann Higgins, Chair; Ed Muehlberg, Vice Chair; Jeffrey Lawler, Mark McPherson, Kay Desmarais, Cindy Cofer Evert STUDENT REPRESENTATIVE Ian English COMMISSION STAFF John Gertz, Pathfinder CRM, LLC Jan Curielli, Recorder I. ROLL CALL Higgins called the meeting to order at 7:04 p.m. Desmarais and McPherson were absent. Higgins noted McPherson’s absence was excused. II. APPROVAL OF AGENDA Higgins said a representative of the Historical Society was not able to be present tonight so she will give an update for that group. She asked that the update be the last item before adjournment. MOTION: Evert moved, seconded by Lawler, to approve the agenda as amended. Motion Carried 4-0. III. APPROVAL OF MINUTES A. COMMISSION MEETING HELD APRIL 18, 2011 Muehlberg said the final sentence of the minutes should be changed to: “Muehlberg adjourned the meeting at 9:20 p.m.” MOTION: Muehlberg moved, seconded by Lawler, to approve the minutes of the Heritage Preservation Commission meeting held on April 18, 2011 as amended. Motion carried 4-0. IV. REPORTS OF COMMISSION AND STAFF (Taken after Item VI.A.) V. OLD BUSINESS VI. NEW BUSINESS A. COA_2011-01-032 DUNN BROS. SITE IMPROVEMENTS_PLAN Higgins said we need to discuss what is in the memo and then make a recommendation and finding of fact for the City Council meeting. Gertz said the City is requesting this action and is looking for the HPC to review and approve the request before sending it on to the City Council for approval of the Certificate of Appropriateness (COA). They have requested demolition of the shed that served as a workshop for the farm. Dunn Bros. has used it to store their trash bins, but it is now too dilapidated to use. There are some concerns for public safety with the current condition of the building. They plan to demolish the building, remove it from the site, and restore the area with grass seed. They will build an enclosure for the storage of trash bins on the north side of the building that will be aligned with the existing fence and made of the same material as the fence. Higgins asked if a cement slab will be required for the new enclosure. Gertz said it will be required. Higgins asked how the collection happens. Gertz said the truck comes in the driveway, and they wheel the bins out to the truck. He noted there is a future concept plan to expand the parking that would almost double their parking. Evert asked if the Historical Society is aware of this proposal and, if so, how do they feel about the project. Gertz said they are aware of the project. Generally this kind of a review process is strictly up to the HPC, but we would welcome their comments if they have them. Since it is a locally designated site, any changes come to this Commission. Evert asked if the material is salvageable and if any thought was given to preserving the materials. Gertz said the bell has been removed, but the cupola is not salvageable. The building doesn’t contain much material that is salvageable. He said they will use the same material when they build another shed on site but there is probably not enough material in good condition to reuse. He said he can bring the question up with Paul Sticha who will be in charge of the demolition. There is a lot of salvaged material out at the Riley Barn, but he will suggest salvaging any boards from this building that are in good condition. Muehlberg asked if there will be gates for the trash enclosure. Gertz said he believes there will be a gate on it. His understanding is it will look exactly like the fence that is already there. He said he will mention they should make sure the gate is constructed of the same material they are showing on the plan. Higgins asked if the next step is to develop a motion to establish a list of findings and fact. Gertz said the findings are here and the City Council will have to make the motion to adopt the findings of fact and approve the COA. Council approval of the COA is the construction permit and the contractor can then begin the work. Muehlberg asked if the recommended motion would include the direction regarding salvaging the reusable materials. Gertz said that could be added as a condition to the recommended motion. MOTION: Muehlberg moved, seconded by Evert that the Heritage Preservation Commission has found the Dunn Bros. Site Improvements Plan, dated May 11, 2011, as submitted by the City of Eden Prairie, meets the general preservation standards and recommends the City Council approve COA 2011-01-032, with the condition that the City salvages any reusable material of historic significance. Motion carried 4-0. 1    TO: Heritage Preservation Commission FROM: John Gertz, Historic Preservation Specialist, Pathfinder CRM DATE: May 23, 2011 PROJECT: COA – 2011-01-032                              Findings of Fact Recommendation                              Dunn Bros. Coffee Store Site Improvements Plan   REQUEST AND BACKGROUND The Smith-Douglas-More house was designated a He ritage Preservation Site on Septem ber 16, 1997. The property is also eligible for registration as a N ational Register of Historic Places property. A Certificate of Appropr iateness (COA) is required to m ake any change in, on, or to a designated Heritage Preservation Site, including demolition. Any prop osed change, addition o r alteration to a building, structure or site must meet the Secretary of the Interior’s Standards and Guidelines for Historic Preser vation Projects. The City C ouncil approves the Certificate of Appropriateness. The Certificate of Appropriateness will approve the following items: Workshop: The City is requesting demolition of th e workshop building due to an advanced state of dilapidation. Given the curren t condition of th e building, and the co ncern for th e safety of Dunn Bros. employees and the public, it is recomme nded that the building be re moved. Prior to demolition, any significant features or materials will be salvaged for reuse, or conv eyed to the Eden Prairie Historical Society. Trash enclosure and screening: The workshop building was once used by Dunn B ros. to store trash bins. Due to the buildings poor condition, trash bins are now stored outdoors on the north side of the coffee shop. A new trash enclosure is needed. FINDINGS OF FACT The Dunn Bros. Coffee Store Site Improvements Plan is found to meet general preservation standards applicable to this application request. The HPC may wish to adopt and recommend to the City Council the following Findings, based on the criteria in City Code, Section 11.05, Subd. 8. D., Criteria for Certificate of Appropriateness for Demolition of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness. Workshop Demolition: D. 1. The public’s interest in the preservation of the cultural resource. 2    The dilapidated condition of the building necessitate s its rem oval for safety reasons. The workshop is not the principal hist oric building on the site and wa s converted to workshop use in the 1950’s by previous owner Earl More. D. 2. The ability of the cultural resource to reasonably meet the National, State or local criteria for designation as a heritage Preservation Site. Due to its condition the workshop building lacks the required integrity for designation. D. 3. The age of the cultural resource, its significant features, unusual or uncommon design, texture, and/or material and its ability to be reproduced without unreasonable difficulty and/or expense. The workshop does not exhibit unique construction or the use of unique m aterials. Previous owner, Earl More added the cupola with bell to the roof in the 1950’s, which gave the building an old schoolhouse appearance. Th e bell has been removed and put into storage. The bell did not come from Eden Prairie originally, but was a unique feature of Mr. More’s workshop. D. 4. The ability of the cultural resource to help protect a historic place or prehistoric site or area of historic interest in the City. Not applicable. D. 5. The ability of the historic resource to promote the general welfare of the City by: a. encouraging the study of American history, architecture and design; b. by developing an understanding of the importance and value of the American culture and heritage; and c. by making the City a more attractive and desirable place in which to live. The building lacks the historical significance and physical integrity to be considered under this item. D. 6. The cost and economic feasibility of restoring the cultural resource. Due to the extrem ely dilapidated condition of the building and foundation, restoration is not a viable option. It would be cost prohibitive to restore and the vast majority of the original material could not be reused. Com plete re construction of the buildi ng would be ne eded and thi s too is not economically feasible when considering cost and the need for a workshop. 3    Trash Enclosure and Screening: C.1. Every reasonable effort shall be made to provide a compatible use for the property which requires minimal alteration of the buildings, structure, or site and its environment, or to use the property for its originally intended purpose. A trash enclosure with screening is required at the coffee shop business. The trash enclosure area will require minimal site alteration. The scale of the space (17’ x 17’) with appropriate screening is not incongruent with a historic site. C.2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal of any historic material or distinctive features should be avoided when possible. There will not be any impact to the Smith-Douglas-More house. No loss of any historic materials or distinctive features will result from the construction of the trash enclosure or screening. C.3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be avoided. No alteration of an existing structure is planned. The trash enclosure plan, as submitted does not alter existing historical features, or recreate an earlier farmstead feature or appearance. Screening will resemble the type and material used for the mechanical units on the north side of the house. C.4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Not applicable. C.5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure, or site shall be treated with sensitivity. Not applicable. C.6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. Not applicable. 4    C.7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. Not applicable. C.8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project. No archaeo logical reso urces are k nown to ex ist in the a rea th at will be im pacted by the construction of the trash enclosure. Moreover, the area w as prev iously disturbed during the construction of the Dunn Bros. Coffee store addition. C.9. The Commission and the Council shall also consider, when appropriate, the Secretary of The Interior’s Specific Standards for Preservation Projects. The Secretary of The Interior’s S tandards fo r The T reatment of Hist oric Prop erties and Guidelines for The Trea tment of Cultural Landscapes were considered in the review of this application. STAFF RECOMMENDATION Staff recommends approval of the plans as su bmitted. The plans to demolish the workshop and construct a new trash enclosure ha ve been p repared in a way that minimizes site disturbance, minimizes the footprint of the new trash enclosur e, uses compatible screening materials, and plans for the complete restoration of the lawn area impacted by demolition work. RECOMMENDED MOTION The Heritage Preservation Commission has found that the Dunn Bros. Site Improvements Plan, dated May 11, 2011, as submitted by the City of Eden Prairie, meets the general preservation standards and recommends the City Council approve COA 2011-01-032. Memo To: Scott Kipp, Senior Planner From: Kevin Schmieg, Building Official Date: May 11, 2011 Re: Shed condition at the site of the Smith-Douglas-Moore house The building is in very poor condition and has significantly deteriorated since my site inspections of last year. The roof and wall framing is damaged from decay to the point that the structure is no longer capable of resisting the applied loads. The building is no longer structurally sound and is unsafe for any further use or occupancy. The damage is so extensive that to repair it would require complete deconstruction of the existing structure. It is my opinion that the extent of the required repairs would result in a replication project instead of a restoration project. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: June 14, 2011 DEPARTMENT/DIVISION: Community Development: Janet Jeremiah David Lindahl ITEM DESCRIPTION: Summit Place Senior Housing Project – Resolution Rescinding Resolution 2008-71 and Resolution Modifying Redevelopment Plan for Redevelopment Project No.5 and Tax Increment Financing District No. 15 ITEM NO.: IX.C. Requested Action: Move to: • Close the public hearing; and • Adopt the resolution rescinding Resolution 2008-71; and • Adopt the 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 district No. 15. 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 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 by the City Council of the City of Eden Prairie, 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, as amended, approved a redevelopment plan, as defined in Minnesota Statutes Section 469.002, subdivision 16, designated as the Project Plan (the “Project Plan”) for redevelopment Project No. 5 (the “Project Area”) and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes Section 469.002, Subdivision 14 (the “Redevelopment Project”). 1.02. Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.179, as amended (the “Act”), this Council approved establishment of Tax Increment Financing District No. 15 (the “District”) and approved a Tax Increment Financing Plan therefor (the “Original TIF Plan”) on July 20, 1999. 1.03. Pursuant to the Act, the City on July 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 Financing (“Qualified Housing”), District No. 15 (Eden Shores Senior Housing Campus, Phase II Expansion) (the “Amended TIF Plan”). 1.04. The Developer determined not to execute an amendment to the Project Management Agreement which incorporated the terms of the Amendment to the Tax Increment Financing Plan and accordingly the City did not file the Amended TIF Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes section 469.175, Subd. 4a. 1.05. Pursuant to Act, the Council has before it for consideration and approval 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. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that Resolution 2008-71 is hereby rescinded. 2 ADOPTED by the Eden Prairie City Council on this 14th day of June, 2011. ____________________________ Nancy Tyra-Lukens, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY STATE OF MINNESOTA Council member ______________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _____________ 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. BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recitals 1.01. The Board of Commissioners (the "Board") of the Eden Prairie Housing 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 Plan Modification") for Tax Increment Financing District No. 15 (the "TIF District") therein (the Redevelopment Plan Modification and the TIF Plan Modification are referred to 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 and provide affordable senior housing units at Summit Place senior campus. The Modifications will allow the City and HRA 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. 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 Hennepin County and Independent School District No. 272, having taxing 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. Section 2. Findings for the Redevelopment Plan Modification 2.01. The Council hereby reaffirms that: (a) the Redevelopment Plan Modification will 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 Council hereby reaffirms the original findings for the TIF District, namely that when the TIF District was established, Tax Increment Financing District No. 15 was established as a housing district. However, the City originally designated the TIF District as a "qualified housing district" under Section 469.174, subd. 29 of the Act. Legislation in 2008 repealed provisions related to qualified housing districts, effective retroactively to cover any district given that designation. Accordingly, the TIF District is no longer 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 development costs of Summit Place, the City will be able to extend the term of affordability on 43 units by 10 years and make an additional 5 units 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 City’s Comprehensive Guide Plan (“Guide Plan”) guides the property as high density residential. High density residential calls for 10 to 40 residential units per acre. The Guide Plan calls for the development of housing units for seniors appropriate for the physical and mental changes they experience. The Guide Plan also encourages housing that will permit seniors to live independently and affordably. The proposed development is a high density residential development that will comply with the City’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 City has promoted affordable rental and owner-occupied housing for several years. The tax increment from the TIF District will be used to encourage the private market to offer affordable senior housing choices and ensure that affordability is maintained over an extended period of time, and promote development that links housing with transportation 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 Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal disparities 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 by 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 staff is authorized to file the Modifications with the Commissioner of Revenue, the Office of the State Auditor and the Hennepin County Auditor. 5.03. City staff, the City’s advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further modifications, resolutions, documents and contracts necessary for this purpose. Section 6. Additional Approvals 6.01 It is contemplated the public financial contribution contemplated in the Modifications, 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 contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be subordinated to that of the developer’s lender. The Approval hereby given to the Modifications includes approval and the execution by the appropriate officers of the City of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, including a contingent assignment of any agreements regarding tax increment financing between the developer and the City and/or Authority, to the lien of the developer’s construction and/or 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 control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and 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 behalf of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. The motion for the adoption of the foregoing resolution was duly seconded by Council member _________________, and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: June 14, 2011 ATTEST: __________________________________ _____________________________________ Nancy Tyra-Lukens, Mayor Kathleen Porta, City Clerk (Seal) 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. M ore 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 Development: The budget for Tax Increment Financing District No. 15 is being modified to provide affordable senior housing at the Summit Place senior campus. T he 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. I n addition, the City is authorized to use increment form the District to assist other affordable housing developments in the City. TIF Plan Modification District #15 June 7.docxThis 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. P ursuant to M.S., Section 469.176, Subd. 1b, 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 $1,233,509 TIF District Overview Page 2 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 S ection 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 Election: As a pa rt o f t his m odification t he City is changing t he f iscal d isparities election and so that beginning in Pay 2012 fiscal disparities will be calculated using clause b (inside of the District). 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. TIF District Overview Page 3 MAP REDEVELOPMENT PROJECT NO. 5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 EXHIBIT !-C BOONDAR¥ MAP e EHLERS           M   Mod Modificat Ta E Ad Public Pu dification Rede tion to t ax Increm Rede Eden Prairi dministrative c Hearing on ublic Hearing Modific n to the evelopm a the Tax ment Fin (a hous w evelopm e Housing a City o Henn State Adopt e Modificati n Modificati g Continued cation Adopt Redeve ment Pro nd the Increme nancing sing dist within ment Pro and Redeve f Eden Prai nepin Count of Minneso ted: Jul y on: Apr i on: Ma y to: Ma y ted: Jun e Mo 3060 651 elopmen oject No. ent Finan g District trict) oject No. elopment A irie ty ota y 20, 1999 il 17, 2007 y 3, 2011 y 17, 2011 e 14, 2011 odification prep 0 Centre Pointe 1-697-8500 f nt Plan fo . 5 ncing P t No. 15 . 5 Authority pared by: EHL e Drive, Rosev fax: 651-697- As of Jun Draft for Pub or lan for LERS & ASSO ville, Minnesota -8555 www.e e 7, 2011 blic Hearing OCIATES, INC. a 55113-1105 ehlers-inc.com 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 O 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    City of Eden Prairie Modification to Redevelopment Project No. 5 1-1 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 June 14, 2011 modification. Section 1.1 Definitions   "Tax Increment Bonds" - means any general obligation or revenue tax in crement bonds issued and to be issued by the City to finance the public costs associated wit h the Projec t Area as st ated in the Redevelopment Plan and in the tax inc rement financ ing plan for each tax incre ment 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 inform ation, a review of the Redevelo pment Plan for Redevelopment Project No. 5 adopted December 1 7, 19 96, is r ecommended. Other relevant inform ation is conta ined in the Tax Increm ent Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project No. 5. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-1 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 R edevelopment Project No.5 in the City , whic h 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 June 14, 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 2-2 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 June 14, 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 ty pe of tax increment financi ng district w hich consists of a project intended for occupancy, in part, b y persons or fam ilies 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 2-3 determined using the cost of construct ion, capita lized incom e, or an y other appropriate method of estimating marketing value. In addition, housing districts are subject to vario us income limitations and re quirements 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 re quirements 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 th e TIF District will be for low and m oderate 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) un der Section 42 of the Internal Revenue Code of 198 6, 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 requirem ents apply for th e duration o f th e TIF District. Failure to co mply with these requirements results in app lication of th e duration li mits for economic development districts to the TI F 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 th e 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 direc tly 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 th e residential units in th e project are occupied by individuals whose income is 80 percent or less of the area median gross income. (As Modified June 14, 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 2-4 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 el ects 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 (s ee Section AA) shall not extend these limitations. The Authority does not elect to delay receipt of the fi rst 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 2-5 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 Pro ject Ar ea (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 June 14, 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. 1b, 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 b oundaries and area encom passed by the TIF District are described below: Parcel 1D Number Legal Description 14-116-22-33-06 That part of the Southwest ¼ of Southwest ¼ of Section 14, Township 116, Range 22 described as follows: Commencing at a point on the Southeaster ly line of State Highway Number 169, which point is distant 18 5.4 feet Sout hwesterly fro m the intersection of said Southeasterly highway line with the East line of said Southwest ¼ of Southwest ¼; thence Southeasterly at right angles to said Southeasterly line of said State Highway 169 to East boundary line of said Southwest ¼ of Southwest ¼; thence North along t he East line of said Southwest ¼ to the Southeaster ly line of sai d State Highway Num ber 169; thence Southwesterly along the said Southeasterly line of said State Highway Number 169 to the point of beginning. 14-116-22-33-0011 That part of t he Southwest ¼ of the So uthwest ¼ of Section 14, Township 116, Range 22, described as follows: City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-6 Commencing at a point o n the East line of said Southwest ¼ of Sout hwest ¼ distance 385 feet North to the Southeast corner of said Southwest ¼ of Southwest ¼; thence Northwesterly to a point on the Southeasterly line of State Highway 169, which point is distant 26 6.4 feet Sout hwesterly fro m the intersection of said Southeasterly highway line with the East line of said Southwest ¼ of Southwest ¼; 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 ¼ of Southwest ¼; thence South along East line of said Southwest ¼ of Southwest ¼ to the point of beginning. 14-116-22-33-0005 That part of the Southwest Qu arter of the South west 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 Quart er 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 ¼ of the Southwest ¼; thence Southwesterly along said 14-116-22-33-0003 That part of Southwest Quarter of Southwest Quarter of Section 14, Townshi p 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 Ea st line of sa id Southwest Qu arter 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 Southwes t Quarter of said section; thence North along th e East line thereof, 17.4 feet; thence Northwesterly 610.5 feet more or less to a point in the Southeasterly line of State Highway No . 5 which point is distant 498. 6 feet Southwesterly alo ng said Southeasterly road line from its intersection with the East line of said Southwest Quarter of the Southwest Quarter; thence Southwesterly along said Southeasterly City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-7 road line to i ts intersection with the S outh line of said Section 14; thence E ast 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, ly ing Easterly of U .S. Highway Nos. 169 and 212 and West of a line drawn at right angles to t he North line of said Northwest Q uarter of Northwest Quar ter, and distant 574.42 fe et 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 hi ghway; 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 June 14, 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 I 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 June 14, 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 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 City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-8 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 resi dential 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 qualif ying criteria for a housing TIF district (see Section E) w ill 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 June 14, 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 invest ment within th e reasonably foreseeable future, and the increase d 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 because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so t hat other development by private enterprise will occur within the Project Area. City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-9 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, cons istent with the sound needs of the City as a whole, for the development of the Project Area by private enterprise. The reasons and facts su pporting this finding are that the developm ent 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 D istrict 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 $5,0 87,500 0 $5,087,500 The Authority reserves the right to adjust the am ount 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 2-10 (As Modified April 17, 2007) Original Budget July 20, 1999 Administrative Amendment April 17, 2007 Land/Building Acquisition 3,627,689 3,652,495 Site Improvements/Preparation costs, Installation of Public Utilities, Parking Facilities, and other Eligible Costs 997,311 1,030,191 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 Su btotal 5,087,500 5,087,500 Transfers Out 0 0 Total 5,087,500 5,087,500 (As Modified June 14, 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 2-11 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 rei mbursement 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 fundi ng, general obligation or revenue debt , or any other financing m echanism 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 Budget July 20, 1999 Administrative Amendment 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 5,08 7,500 5,087,500 Transfer In 0 0 Total 5,08 7,500 5,087,500 City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-12 (As Modified June 14, 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 June 14, 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 Co mmissioner of Revenue. For districts cert ified between January 1 and June 30, inclusive, th is 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 th at 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 2-13 Section O 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 appl y to property in the TIF District. This rate shall be for the sa me 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 su m of the current local tax rates at that time or (b) th e 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 origi nal 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 June 14, 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 ex ceeds 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 num ber 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 2-14 (As Modified June 14, 2011) Project Estimated Tax Capacity upon Completion (PTC)* $1,075,286 Original Estimated Net Tax Capacity (ONTC) $12,128 Fiscal Disparities Reduction $0 Estimated Captured Tax Capacity (CTC) $1,063,159 Lesser of Original Local Tax Rate or Local Tax Rate 116.023 Pay 2011 Estimated Annual Tax Increment (CTC x Local Tax Rate) $1,233,509 Percent Retained by the EDA 100% *Assumes 5% inflation on market value through the end of the District. Section Q Use of Tax Increment   Each year the County Treasurer shall deduct 0. 25% of the an nual tax i ncrement generated b y the TI F 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 fo r 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 i ncrement 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 1a; or 5) return excess tax increm ents 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 t hat 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 2-15 Tax increment shall not be used to finance the ac quisition, c onstruction, renovation, o peration, 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 g overnment 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 soci al, recr eational, or confer ence purposes and not pri marily 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 assistanc e th at 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, u tility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. (As Modified June 14, 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 2-16 Section R Excess Tax Increment   In any year in which the tax incre ments 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 increm ents 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 June 14, 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 bo nds. 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 2-17 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 thir d party under binding contra cts for activities performed within the TIF District, which were ente red into within five years after certification of the district; or 4) used to reimburse a party for pay ment 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 s ufficient 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 w ill 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 June 14, 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. In addition, the Authority may expend increment on a housing project, as defined in section 469.174, subdivision 11, located within the City in accordance with the Estimate Public Costs listed in Section K herein. 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 c onsultants, 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 2-18 lesser of (a) 10% of the total estimated public costs aut horized by the TI F Plan or (b) 10% of the total tax increment expenditures for the project. (As Modified June 14, 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 2-19 Section U Limitation on Property Not Subject to Improvements Four Year Rule   If after four y ears from certification of the TIF District no dem olition, rehabilitation, renovation, or qualified improvement of an adjacent s treet 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 su bstantial 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 par cel is excluded from the TIF District and th e Authority or owner of the parcel subsequentl y 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 in cluded in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as m ost 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 im pact on other taxing jurisdictions if the m aximum 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 assistan ce. A positive im pact 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 June 14, 2011) 2010/Pay 2011 Total Net Tax Capacity Captured Tax Capacity (CTC) Upon Completion Percent of CTC to Entity Total Hennepin County 1,320,682,751 1,063,159 0.08% City of Eden Prairie 92,275,200 1,063,159 1.15% ISD No. 272 88,456,604 1,063,159 1.20% IMPACT ON TAX BASE   City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-20 Pay 2011 Extension Rates Percent of Total CTC Potential Taxes Hennepin County 0.4584 39.51% 1,063,159 487,352 City of Eden Prairie 0.31239 26.92% 1,063,159 332,120 ISD No. 272 0.2842 24.50% 1,063,159 302,150 Other 0.10524 9.07%1,063,159 111,887 Total 1.16023 100.00%1,233,509 IMPACT ON TAX RATES   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 2-21 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 June 14, 2011) The Local Government Aid Penalty enacted in Minnesota Statutes, Section 273.1399 was repealed. Section X Prior Planned Improvements   The Authority shall accom pany its re quest for certification to t he County Auditor (or notice of district enlargement), with a listing of all properties within th e TIF District for which building permits have been issued during the 18 m onths immediately preceding approval of the TIF Plan. The Count y Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvem ent 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 p roject (which contains a housing distric t) is to be acquired b y the Authority with proceeds from tax increment bonds then, prior to such acquisition, the Authority must enter into an agree ment for the development of the pr operty. Such agree ment 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 June 14, 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 2-22 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 agreem ent 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 i ncurred; incr ease in the amount of capitalized interest; increase i n that portion of the captured net tax capacity to be reta ined 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 pri or planned im provements. The Authority shall also send the Count y Assessor an y City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-23 assessment a greement e stablishing the minimum market value of land and im provements in the TIF District, and shall request that the Count y Assessor review and certify this assessment agreem ent as reasonable. The County shall distribute to the Aut hority the amount of tax i ncrement as it becomes av ailable. The amount of tax increm ent 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, in flation of property values, or change s in pr operty classification rates or form ulas. 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 ha s occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. 2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existi ng TIF District, before Jul y 1, the r equest 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 ch anges 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 applie d 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, Cit y 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 2-24 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, in cluding the am ount 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, facil ities for soci al, r ecreational, 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 m ust be annually reported to the State A uditor, by July 1 of each y ear, 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 pa yments 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 2-25 b. the date the TIF District is required to be decertified; c. the am ount of an y payments and the value of in-kin d benefits, such as ph ysical improvements and the us e of building space, that are finance d with revenues fro m increments and are provided to anot her 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 annuall y publish in a newspa per of general circulation in t he City an annual statement for each t ax increment financing district showing the tax incre ment received in t hat year, the original and captured net tax capacity, the amount of outstanding bonded i ndebtedness, the am ount of increments paid to other governmental bo dies, the amount paid for adm inistrative 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 contri bution is being made from outside of the district, an d 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 June 14, 2011) Section AD County Road Costs   Pursuant to Minnesota Statutes, Section 469.1.75, Subdivision 1a, 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. AF Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b, (within the District) are followed, the following method of computation shall apply: City of Eden Prairie Modification to Tax Increment Financing District No. 15 2-26 (1) The original net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial-industrial net tax capacity increase between the original year and the current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section 276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured tax capacity and no tax increment determination. Where the original tax capacity is less than the current tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the less of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). The City elects to calculate fiscal disparities by clause b. It is not anticipated that the District will contain commercial/industrial property. As a result, there should be no impact due to the fiscal disparities provision on the District. Section AF 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. This Modification, dated June 14, 2011 was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105, telephone (651) 697-8500. Exhibit I EXHIBIT I MAP OF REDEVELOPMENT PROJECT NO. 5 AND TAX INCREMENT FINANCING DISTRICT NO. 15 (As Modified June 14, 2011) TIF District #15 Tax Increment Financing Housing District #15 Summit Place - Senior Housing Campus City of Eden Prairie TIF Redevelopment Project Area # 5 Exhibit II EXHIBIT II ASSUMPTIONS REPORT   (From Original TIF Plan) EXHIBIT \I Assumptions Report City of Eden Prairie, Minnesota Tax Increment Financing (Qualified Housing) District No. 15 Silvercrest Senior Housing Project ·Type of Tax Increment Financing District Maximum Duration of TI F District Scenario B: Phase I Only Qualified Housing 25 years from 1st increment 07101/99 Certification Request Date Decertification Date 12/01/26 (25 Years of Increment) Base Estimated Market Value Times: First Excess Original Net Tax Capacity Base Estimated Market Value $0 Increase in Estimated Market Value (a) Total Estimated Market Value Times: First Excess Total Net Tax Capacity Base Inflation Factor Local Tax Capacity Rate $0 2.18% 2.18% Fiscal Disparities Contribution From TIF District Administrative Retainage Percent (maximum = 10%) Pooling Percent City Tax Rate (Only if Local-Effort TIF) 8..Qru1s. Bonds Dated First Interest Date Underwriters Discount LGAlHACA Loss' 07101/99 02/01/00 1.50% Will Annual Local Contribution Be Made (Yes or No)? I.S.D #272 Equalized Tax Capacity Rate I.S.D #272 Sales Ratio City Sales Ratio & Taxable Net Tax Capacity Present Value Date & Rate 1999/2000 199912000 $819,200 o 17,818 $17,818 Assessment/Collection Year 200212003 $819,200 $819,200 o 14,700,000 NA 134.556% (Pay 1999) 0.0000% 10.00% 15.00% NA Note ,pay-As-you-Go) Note Dated Note Rate No NA NA NA 07/01/99 07/01/99 0.00% NA 5.00% (a) Increase in Estimated Market Value is expected to continue through 200612007. Prepared by: Springsted Incorporated (printed on 6/28/99 at 4:33 PM) Tif0625.xls Exhibit II EXHIBIT II CASHFLOW   (As Modified June 14, 2011) 5/9/2011Base Value Assumptions - Page 1Summit Place - Existing Phase OneCity of Eden PrairieASSUMPTIONS AND RATESDistrictType:HousingMaximum/Frozen Local Tax Rate: 132.435% Pay 2000District Name/Number:Current Local Tax Rate: (Use lesser of Current or Max.)116.023% Pay 2011 County District #:1763State-wide Tax Rate (Comm./Ind. only used for total taxes)49.0430% Pay 2011 First Year Construction or Inflation on Value2010Market Value Tax Rate (Used for total taxes)0.18102% Pay 2011 Existing District - Specify No. Years RemainingInflation 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-11Commercial Industrial Preferred Class Rate (C/I Pref.)First Period Ending1-Aug-11First $150,0001.50%Tax Year District was Certified:2000Over $150,0002.00%Cashflow Assumes First Tax Increment For District:2011Commercial Industrial Class Rate (C/I)2.00%Years of Tax Increment16Rental Housing Class Rate (Rental)1.25%Assumes Last Year of Tax Increment2026Affordable Rental Housing Class Rate (Aff. Rental)0.75%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Non-Homestead Residential (Non-H Res.)1.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residental Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio42.4923% Pay 2011 First $500,0001.00%Fiscal Disparities Metro-Wide Tax Rate129.3270% Pay 2011 Over $500,0001.25%Agricultural Non-Homestead1.00%PercentageTax Year Property CurrentClassAfterLandBuildingTotal Of Value Used Original Original Tax OriginalAfter ConversionMap # PIDOwner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Area/PhaseExisting Project437,800 135,700573,500100% 573,500 2000 Hmstd. Res.5,735 Rental7,169 95,60095,600100%95,600 2000 Rental1,196 Rental1,196 00100%0 2000 C/I Pref.- Rental- 159,0001,000160,000100% 160,000 2000 C/I Pref.2,450 Rental2,000 692,400 136,700829,100829,100 9,38110,365Note: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 BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 15 - Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 5/9/2011Base Value Assumptions - Page 2Summit Place - Existing Phase OneCity of Eden PrairiePropertyPercentage Percentage Percentage Percentage First YearTotal Market Value Market Tax Project Completed Completed Completed Completed Full TaxesArea/Phase New Use Sq. Ft./Units Sq. Ft./UnitsValueClass Tax Capacity2010201120122013PayableExisting Project 265131,14034,752,000 Rental 434,400100% 100%100%100%2012TOTAL34,752,000434,400 Subtotal Residential26534,752,000434,400 Subtotal Commercial/Ind.000 Note:1. Market values are the 2010 values for Pay 2011 from the Hennepin County website2. The current value for parcel 14-116-22-33-0036 was removed from the cashflow and is reflected in the Phase Two CashflowTotal Fiscal Local Local Fiscal State-wide MarketTax Disparities Tax PropertyDisparities PropertyValueTotal Taxes PerNew UseCapacityTax CapacityCapacityTaxesTaxes TaxesTaxesTaxes Sq. Ft./UnitExisting Project 434,4000434,400 504,0040062,908 566,912 0.00TOTAL 434,4000434,400 504,0040062,908 566,912Note: 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.Total Property Taxes566,912less State-wide Taxes0less Fiscal Disp. Adj.0less Market Value Taxes(62,908)less Base Value Taxes(12,025)Annual Gross TIF 491,978 WHAT IS EXCLUDED FROM TIF?TAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 15 - Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 5/9/2011Tax Increment Cashflow - Page 3Summit Place - Existing Phase OneCity of Eden PrairieTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocalAnnual Semi-Annual StateAdmin. Semi-Annual Semi-Annual PERIOD% ofTaxTax Disparities TaxTax Gross Tax Gross TaxAuditoratNet Tax Present ENDING Tax PaymentOTC CapacityCapacityIncremental CapacityRate Increment Increment 0.36%10% IncrementValueYrs.YearDate100% 434,400 (10,365) - 424,035 116% 491,978 245,989 (886) (24,510) 220,593 214,168 0.5 2011 08/01/11100% 434,400 (10,365) - 424,035 116% 491,978 245,989 (886) (24,510) 220,593 422,099 1 2011 02/01/12100% 456,120 (10,365) - 445,755 116% 517,179 258,589 (931) (25,766) 231,893 634,313 1.5 2012 08/01/12100% 456,120 (10,365) - 445,755 116% 517,179 258,589 (931) (25,766) 231,893 840,347 2 2012 02/01/13100% 478,926 (10,365) - 468,561 116% 543,639 271,819 (979) (27,084) 243,757 1,050,613 2.5 2013 08/01/13100% 478,926 (10,365) - 468,561 116% 543,639 271,819 (979) (27,084) 243,757 1,254,756 3 2013 02/01/14100% 502,872 (10,365) - 492,508 116% 571,422 285,711 (1,029) (28,468) 256,214 1,463,081 3.5 2014 08/01/14100% 502,872 (10,365) - 492,508 116% 571,422 285,711 (1,029) (28,468) 256,214 1,665,339 4 2014 02/01/15100% 528,016 (10,365) - 517,651 116% 600,594 300,297 (1,081) (29,922) 269,295 1,871,731 4.5 2015 08/01/15100% 528,016 (10,365) - 517,651 116% 600,594 300,297 (1,081) (29,922) 269,295 2,072,112 5 2015 02/01/16100% 554,417 (10,365) - 544,052 116% 631,225 315,613 (1,136) (31,448) 283,029 2,276,578 5.5 2016 08/01/16100% 554,417 (10,365) - 544,052 116% 631,225 315,613 (1,136) (31,448) 283,029 2,475,088 6 2016 02/01/17100% 582,138 (10,365) - 571,773 116% 663,388 331,694 (1,194) (33,050) 297,450 2,677,637 6.5 2017 08/01/17100% 582,138 (10,365) - 571,773 116% 663,388 331,694 (1,194) (33,050) 297,450 2,874,287 7 2017 02/01/18100% 611,244 (10,365) - 600,880 116% 697,159 348,579 (1,255) (34,732) 312,592 3,074,928 7.5 2018 08/01/18100% 611,244 (10,365) - 600,880 116% 697,159 348,579 (1,255) (34,732) 312,592 3,269,725 8 2018 02/01/19100% 641,807 (10,365) - 631,442 116% 732,618 366,309 (1,319) (36,499) 328,491 3,468,467 8.5 2019 08/01/19100% 641,807 (10,365) - 631,442 116% 732,618 366,309 (1,319) (36,499) 328,491 3,661,421 9 2019 02/01/20100% 673,897 (10,365) - 663,532 116% 769,850 384,925 (1,386) (38,354) 345,185 3,858,275 9.5 2020 08/01/20100% 673,897 (10,365) - 663,532 116% 769,850 384,925 (1,386) (38,354) 345,185 4,049,396 10 2020 02/01/21100% 707,592 (10,365) - 697,227 116% 808,944 404,472 (1,456) (40,302) 362,714 4,244,373 10.5 2021 08/01/21100% 707,592 (10,365) - 697,227 116% 808,944 404,472 (1,456) (40,302) 362,714 4,433,671 11 2021 02/01/22100% 742,971 (10,365) - 732,607 116% 849,992 424,996 (1,530) (42,347) 381,120 4,626,781 11.5 2022 08/01/22100% 742,971 (10,365) - 732,607 116% 849,992 424,996 (1,530) (42,347) 381,120 4,814,266 12 2022 02/01/23100% 780,120 (10,365) - 769,755 116% 893,093 446,547 (1,608) (44,494) 400,445 5,005,521 12.5 2023 08/01/23100% 780,120 (10,365) - 769,755 116% 893,093 446,547 (1,608) (44,494) 400,445 5,191,206 13 2023 02/01/24100% 819,126 (10,365) - 808,761 116% 938,349 469,175 (1,689) (46,749) 420,737 5,380,617 13.5 2024 08/01/24100% 819,126 (10,365) - 808,761 116% 938,349 469,175 (1,689) (46,749) 420,737 5,564,511 14 2024 02/01/25100% 860,082 (10,365) - 849,718 116% 985,868 492,934 (1,775) (49,116) 442,043 5,752,091 14.5 2025 08/01/25100% 860,082 (10,365) - 849,718 116% 985,868 492,934 (1,775) (49,116) 442,043 5,934,207 15 2025 02/01/26100% 903,086 (10,365) - 892,722 116% 1,035,762 517,881 (1,864) (51,602) 464,415 6,119,967 15.5 2026 08/01/26100% 903,086 (10,365) - 892,722 116% 1,035,762 517,881 (1,864) (51,602) 464,415 6,300,316 16 2026 02/01/27 Total11,731,060 (42,232) (1,168,883) 10,519,946 Present Value From 02/01/2011 Present Value Rate 6.00%7,025,644 (25,292) (700,035) 6,300,316 Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 15 - Eden Shores Senior Housing\TIF Runs\TIF Run Existing Project 5/9/2011Base Value Assumptions - Page 1Summit Place - Phase TwoEden Prairie TIF District #1560 Memory Care UnitsASSUMPTIONS AND RATESSchool District #272, Waterhed District #4DistrictType: HousingMaximum/Frozen Local Tax Rate: 132.435% Pay 2000District Name/Number:Current Local Tax Rate: (Use lesser of Current or Max.) 116.023% Pay 2011 County District #: 1763State-wide Tax Rate (Comm./Ind. only used for total taxes) 49.0430% Pay 2011 First Year Construction or Inflation on Value 2012Market Value Tax Rate (Used for total taxes) 0.18102% Pay 2011 Existing District - Specify No. Years RemainingInflation 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-13Commercial Industrial Preferred Class Rate (C/I Pref.)First Period Ending 1-Aug-13 First $150,000 1.50%Tax Year District was Certified:2000Over $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 Increment2026Affordable Rental Housing Class Rate (Aff. Rental)0.75%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Non-Homestead Residential (Non-H Res.)1.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residental Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio42.4923% Pay 2011 First $500,0001.00%Fiscal Disparities Metro-Wide Tax Rate129.3270% Pay 2011 Over $500,0001.25%Agricultural Non-Homestead1.00%PercentageTax Year Property CurrentClassAfterLandBuildingTotal Of Value Used Original Original Tax OriginalAfter ConversionMap # PIDOwner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Area/Phase1411622330006 SC Minnesota Properties, LLC48,000048,000100%48,0002,000 Rental720 Rental720 1411622340001 SC Minnesota Properties, LLC83,40083,400100%83,4002,000 Rental1,043 Rental1,043 100%0- - 100%0- - 131,4000131,400131,400 1,7631,763Note: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 BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 15 - Eden Shores Senior Housing\TIF Runs\TIF Run Outlot A 5/9/2011Base Value Assumptions - Page 2Summit Place - Phase TwoEden Prairie TIF District #1560 Memory Care UnitsPropertyPercentage Percentage Percentage Percentage First YearTotal Market Value Market Tax Project Completed Completed Completed Completed Full TaxesArea/Phase New Use Sq. Ft./Units Sq. Ft./UnitsValueClass Tax Capacity2012201320142015PayableAssisted Living60134,242 8,054,520 Rental 100,682 75% 100% 100% 100% 2015TOTAL8,054,520 100,682 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.Total Fiscal Local Local Fiscal State-wide MarketTax Disparities Tax PropertyDisparities PropertyValueTotal Taxes PerNew UseCapacityTax CapacityCapacityTaxesTaxes TaxesTaxesTaxes Sq. Ft./UnitAssisted Living 100,6820100,682 116,8140014,580 131,394 2,189.90TOTAL 100,6820100,682 116,8140014,580 131,394Note: 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.Total Property Taxes131,394less State-wide Taxes0less Fiscal Disp. Adj.0less Market Value Taxes(14,580)less Base Value Taxes(2,045)Annual Gross TIF 114,769 WHAT IS EXCLUDED FROM TIF?TAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 15 - Eden Shores Senior Housing\TIF Runs\TIF Run Outlot A 5/9/2011Tax Increment Cashflow - Page 3Summit Place - Phase TwoEden Prairie TIF District #1560 Memory Care UnitsTAX INCREMENT CASH FLOWProject Original Fiscal CapturedLocalAnnual Semi-Annual StateAdmin. Semi-Annual Semi-Annual PERIOD% ofTaxTax Disparities TaxTax Gross Tax Gross TaxAuditoratNet Tax Present ENDING Tax PaymentOTC CapacityCapacityIncremental CapacityRate Increment Increment 0.36%10% IncrementValueYrs.YearDate- - - - 08/01/13- - - - 02/01/14100% 75,511 (1,763) - 73,749 116% 85,565 42,783 (154) (4,263) 38,366 35,110 0.5 2014 08/01/14100% 75,511 (1,763) - 73,749 116% 85,565 42,783 (154) (4,263) 38,366 69,198 1 2014 02/01/15100% 100,682 (1,763) - 98,919 116% 114,769 57,384 (207) (5,718) 51,460 113,588 1.5 2015 08/01/15100% 100,682 (1,763) - 98,919 116% 114,769 57,384 (207) (5,718) 51,460 156,684 2 2015 02/01/16100% 105,716 (1,763) - 103,953 116% 120,609 60,305 (217) (6,009) 54,079 200,656 2.5 2016 08/01/16100% 105,716 (1,763) - 103,953 116% 120,609 60,305 (217) (6,009) 54,079 243,346 3 2016 02/01/17100% 111,001 (1,763) - 109,239 116% 126,742 63,371 (228) (6,314) 56,829 286,900 3.5 2017 08/01/17100% 111,001 (1,763) - 109,239 116% 126,742 63,371 (228) (6,314) 56,829 329,186 4 201702/01/18100% 116,551 (1,763) - 114,789 116% 133,182 66,591 (240) (6,635) 59,716 372,326 4.5 2018 08/01/18100% 116,551 (1,763) - 114,789 116% 133,182 66,591 (240) (6,635) 59,716 414,210 5 2018 02/01/19100% 122,379 (1,763) - 120,616 116% 139,943 69,971 (252) (6,972) 62,748 456,938 5.5 2019 08/01/19100% 122,379 (1,763) - 120,616 116% 139,943 69,971 (252) (6,972) 62,748 498,421 6 2019 02/01/20100% 128,498 (1,763) - 126,735 116% 147,042 73,521 (265) (7,326) 65,931 540,740 6.5 2020 08/01/20100% 128,498 (1,763) - 126,735 116% 147,042 73,521 (265) (7,326) 65,931 581,826 7 2020 02/01/21100% 134,923 (1,763) - 133,160 116% 154,497 77,248 (278) (7,697) 69,273 623,737 7.5 2021 08/01/21100% 134,923 (1,763) - 133,160 116% 154,497 77,248 (278) (7,697) 69,273 664,428 8 2021 02/01/22100% 141,669 (1,763) - 139,906 116% 162,324 81,162 (292) (8,087) 72,783 705,935 8.5 2022 08/01/22100% 141,669 (1,763) - 139,906 116% 162,324 81,162 (292) (8,087) 72,783 746,233 9 2022 02/01/23100% 148,752 (1,763) - 146,990 116% 170,542 85,271 (307) (8,496) 76,468 787,338 9.5 2023 08/01/23100% 148,752 (1,763) - 146,990 116% 170,542 85,271 (307) (8,496) 76,468 827,246 10 2023 02/01/24100% 156,190 (1,763) - 154,428 116% 179,171 89,586 (323) (8,926) 80,337 867,952 10.5 2024 08/01/24100% 156,190 (1,763) - 154,428 116% 179,171 89,586 (323) (8,926) 80,337 907,472 11 2024 02/01/25100% 164,000 (1,763) - 162,237 116% 188,232 94,116 (339) (9,378) 84,400 947,782 11.5 2025 08/01/25100% 164,000 (1,763) - 162,237 116% 188,232 94,116 (339) (9,378) 84,400 986,918 12 2025 02/01/26100% 172,200 (1,763) - 170,437 116% 197,746 98,873 (356) (9,852) 88,665 1,026,834 12.5 2026 08/01/26100% 172,200 (1,763) - 170,437 116% 197,746 98,873 (356) (9,852) 88,665 1,065,588 13 2026 02/01/27 Total1,920,365 (6,913) (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 OnlyN:\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 City of Eden Prairie, Minnesota Tax Increment Financing (Qualified Housing) District No. 15 Sliverere5t Senior Housing Project Scenario B: Phase I Only Less: Less: Retained Times: Less: Less: Annual Totat Orlglnat Fillcat Captured Tax Annual Slate Aud. Adm.lPooting Period Net Tax Net Tax Clap.@ Net Tax Capacity Gross Tax Deduction Retainage Ending Capacity Capacity 0.0000% Capacity Rate Increment 0.25% 25.00% (1 ) (2) (3) (4) . (5) (6) (7) (6) (9) 12/31199 17,818 17.818 0 0 134 .556% 0 0 0 12/31/00 17.818 17.818 0 0 134.558% 0 0 0 12/31101 17.818 17.818 0 0 134.556% 0 0 0 12/31/02 177,880 17,818 0 159,862 134.556% 215,104 538 53,642 12/31/03 337,543 17.818 0 319,725 134.556% 430,209 1,076 107,283 12/31104 337.543 17,816 0 319,725 134 .556% 430,209 1,076 107,263 12/31105 337,543 17,618 0 319,725 134 .556% 430.209 1,076 107,263 12/31/06 337,543 17,616 0 319.725 134.556% 430,209 1,076 107,263 12/31/07 337,543 17,618 0 319,725 134.556% 430,209 1,076 107,283 12/31/08 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,263 12/31/09 337,543 17.816 0 319,725 134.556% 430,209 1,076 107,283 12/31/10 337,543 17,818 0 319,725 134.558% 430,209 1,076 107,283 12/31111 337,543 17,818 0 319,725 134.556% 430,209 1,078 107,283 12/31112 337,543 17,818 0 319,725 134.556% 430,209 1,076 107,283 12/31113 337,543 17,618 0 319,725 134.556% 430,209 1,076 107,263 12/31114 337.543 17.818 0 319,725 134.556% 430,209 1,076 107.263 12/31115 337,543 17.818 0 319,725 134.556% 430,209 1,078 107,283 12/31116 337.543 17,818 0 319.725 134.558% 430,209 1.078 107.283 12/31117 337.543 17,818 0 319,725 134.556% 430,209 1,076 107,283 12/31118 337,543 17.818 0 319,725 134.556% 430,209 1,076 107,283 12/31/19 337,543 17,818 0 319,725 134.556% 430,209 1,076 107.283 12/31120 337.543 17,818 0 319,725 134 .556% 430,209 1,076 107,283 12/31/21 337,543 17,818 0 319.725 134.556% 430.209 1,076 107,283 12/31122 337.543 17.818 0 319.725 134.556% 430.209 1.076 107,283 12/31/23 337,543 17.818 0 319.725 134.556% 430.209 1.076 107.263 12/31/24 337,543 17,818 0 319.725 134.556% 430,209 1,076 107.263 12/31125 337.543 17,816 0 319.725 134.556% 430,209 1.076 107.263 12/31126 337.543 17.818 0 319,725 134.558% 430,209 1,078 107,283 12/31127 337.543 337,543 0 0 134.556% 0 0 0 $10.540,120 $26,362 $2.628,434 (a) Rent Subsidy schedule assumes no subsidy in lirst 1/2 year of operation, full subsidy for all LIM unit& beginning in 2002. Preparad by: Spring_tad Incorporated (pm.'",. on 6/28/99 et 4:33 PM, Less: Annuat 15 yr Rent Net Tax Subsidy (a) Increment 0.00% (10) (11) 0 0 0 0 0 0 160.924 123,463 321,650 125,933 321,650 128,451 321,650 131,020 321,650 133,641 321,650 136,314 321,850 139,040 321,850 141,821 321,850 144,657 321,850 147,550 321,850 150,501 321,850 153,511 321,850 156.582 321,850 159,713 321.850 162.907 321,850 0 321,850 0 321,850 0 321,850 0 321.650 0 321.650 0 321,850 0 321.850 0 321,650 0 321,850 0 0 0 57.685,324 52,135.105 Annuat Net Revenue (12) 0 0 0 37.461 195,917 193,399 190,830 166,209 165,536 162,810 180,029 177,193 174,300 I 171,349 188,339 165,268 I 162.137 158.943 321,850 321,850 321.850 321,850 321.850 321.650 321.650 321.850 321.850 321,850 0 55.750,219 Til0625.xll m >< I OJ ~ Exhibit IV EXHIBIT IV ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS REPORT (From Original TIF Plan) Please note, this Exhibit IV is superseded by Section V of this modification to the TIF Plan Estimated Impact on Other Taxlna Jurisdictions Report City of Eden Prairie, Minnesota Tax Increment Financing (Qualified Housing) District No. 15 Slivercr .. t Senior Housing Project Without project or TIF District Scenario B: Phase I Only Projected With Project and TIF District Hypothellcal 1997198 1997198 Retained New Hypothellcal Hypothetical Tax Generated Taxable 1997198 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Jurisdiction Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Capacity (1) Tax Rate (;ilPlI<:ityJl) __ + Capacity Cap~c:ity Tax Rate (*L__IlI~R~te (") N.T.C. (*) City of Eden Prairie Hennepin County ISO #1272 Other (2) Totals 73,782,323 28.531% 73,782,323 $319,725 74,102,048 1,024,048,441 40.994% 1,024,048,441 319,725 1,024,368,166 88,614,631 59.204% 68,814,631 319,725 88,934,356 5.827% 319,725 134.556% • Statement 1: If the projected Retained Captured Net Tax Capacity of the TI F District was hypothellcally available to each of the taxing Jurisdlctlons above, the rasuH would be a lower local tax rate (see Hypothellcal Adjusted Tax Rate above) which would produce the same amount of taxes for each taKing Jurisdiction. In such a case, the lo\allocal tax rate would decreaae by 0.410% (688 Hypothetical Decrease In Local Tax Rata above). The hypothetical tax that the Retained Captured Nel 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 jurisdlctlons, then \hera Is no Impact on taxes levted or local tax rates . (1) Taxable net tax 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 rale. Prepared by: Springsted Incorporated (6/28/991 28.408% 0.123% 90,827 40.981% 0.013% 131,027 58.929% 0.275% 188,412 5.827% 134.148% 0.410% m >< I OJ ~ < Exhibit V 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 CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: June 14, 2011 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 208404 – 209284 Wire Transfers 4200 – 4208 4203 April 20th US Bank Purchasing Card Payment Attachments City of Eden Prairie Council Check Summary 6/14/2011 Division Amount Division Amount General 90,680 601 Prairie Village Liquor 217,092 100 City Manager 549 602 Den Road Liquor 308,516 101 Legislative 4,383 603 Prairie View Liquor 127,426 102 Legal Counsel 26,626 605 Den Road Building 67,647 110 City Clerk 454 701 Water Fund 573,202 111 Customer Service 10,998 702 Sewer Fund 321,047 112 Human Resources 108 703 Storm Drainage Fund 77,410 113 Communications 12,756 Total Enterprise Funds 1,692,339 114 Benefits & Training 11,427 130 Assessing 2,650 316 WAFTA 1332 132 Housing and Community Services 7,630 803 Escrow Fund 1,683 133 Planning 692 804 100 Year History 1 136 Public Safety Communications 13,741 806 SAC Agency Fund 8,920 137 Economic Development 518 Total Agency Funds 11,936 138 Community Development Admin.100 150 Park Administration 66 807 Benefits Fund 217,922 151 Park Maintenance 32,964 809 Investment Fund 1,118 152 Parks Capital Outlay 7,536 811 Property Insurance 10,623 153 Organized Athletics 29,635 812 Fleet Internal Service 424,974 154 Community Center 18,887 813 IT Internal Service 191,161 156 Youth Programs 2,612 814 Facilities Capital ISF 29,112 158 Senior Center 3,647 815 Facilities Operating ISF 76,673 159 Recreation Administration 2,037 816 Facilities City Center ISF 304,662 160 Therapeutic Recreation 166 817 Facilities Comm. Center ISF 85,170 161 Oak Point Pool 591 Total Internal Service Funds 1,341,414 162 Arts 6,824 163 Outdoor Center 3,671 Report Total 3,892,182 166 CC-Therapeutic Recreation 21 167 CC-Youth Programs 1,415 168 Arts Center 3,588 180 Police 29,422 183 Emergency Preparedness 781 184 Fire 46,764 186 Inspections 1,404 200 Engineering 8,288 201 Street Maintenance 22,681 202 Street Lighting 70,842 Total General Funds 477,153 301 CDBG 19,771 303 Cemetery Operation 714 304 Senior Board 206 308 E-911 813 309 DWI Forfeiture 20 312 Recycle Rebate 20 314 Liquor Compliance 2,200 Total Special Revenue Funds 23,744 315 Economic Development 8,413 509 CIP Fund 48,488 512 CIP Trails 1,150 522 Improvement Projects 2006 287,546 Total Capital Projects Funds 345,597 City of Eden Prairie Council Check Register 6/14/2011 Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208982 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility - General MCES Monthly Fee 208717 251,657 HENNEPIN COUNTY TREASURER Right of Way & Easement Improvement Projects 2006 Right of Way CSAH 1 208744 208,399 MAGNEY CONSTRUCTION INC Other Contracted Services Water Capital Water Treatment Process Upgrades 209231 193,000 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit Fire Tower Capital Improvements 4206 185,886 CERIDIAN State Taxes Withheld Health and Benefits Federal Taxes Withheld 208765 124,630 NEW WORLD SYSTEMS Software Maintenance IT Operating Yearly Maintenance 208996 123,177 NELSON DODGE-GMC Autos Police New Vehicles 4201 102,263 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales & Use Tax 208628 68,414 XCEL ENERGY Electric Street Lighting 208845 67,844 XCEL ENERGY Electric Public Safety Communications 208905 65,962 DIVERSIFIED CONSTRUCTION Building Den Road Building 209269 48,825 BOYER TRUCKS Autos Public Works 208713 45,813 HANSEN THORP PELLINEN OLSON Design & Engineering Engineering 208443 45,308 DODGE OF BURNSVILLE Autos Police 209183 45,138 MCKINSTRY ESSENTION INC Other Contracted Services CIP - Bonds 209105 44,540 BERGERSON-CASWELL INC Other Contracted Services Water Capital 209091 38,159 ADVANCED ENGINEERING & ENVIRON Process Control Equipment Water Capital 208962 36,437 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 209085 36,406 MN DNR WATERS Licenses & Taxes Water Distribution 208635 35,697 MIDWAY FORD Autos Park and Recreation 209086 32,768 NELSON DODGE-GMC Machinery & Equipment Water Distribution 208852 32,716 XCEL ENERGY Electric City Hall - CAM 208955 30,715 JASPER ENGINEERING & EQUIPMENT Equipment Repair & Maint Water Treatment Plant 209057 29,581 THANE HAWKINS POLAR CHEVROLET Autos Fire 208493 28,288 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 209172 27,910 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store 208973 27,289 LOGIS LOGIS IT Operating 4203 25,275 US BANK April Purchasing Card Finance 208904 25,016 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center 208663 24,450 BLUE WATER SCIENCE Design & Engineering Storm Drainage 209035 22,978 SHI CORP Software IT Operating 209271 22,654 DODGE OF BURNSVILLE Autos Police 208863 22,602 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall - CAM 208894 22,424 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant 209077 22,090 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 208442 21,446 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road - CAM items 209264 21,328 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 208731 20,501 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 209259 20,318 WIRTZ BEVERAGE MINNESOTA Liquor Den Road Liquor Store 4208 19,801 ING Deferred Compensation General Fund 209072 19,710 WENCK ASSOCIATES INC Design & Engineering Storm Drainage 208757 19,417 MN DEPT OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 208623 19,267 WIRTZ BEVERAGE MINNESOTA Beer Prairie View Liquor Store 4204 19,120 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits 208737 19,060 LAVAN FLOOR COVERING Contract Svcs - Garden Rm/Caf.City Hall - CAM 208613 18,892 VR BUILDERS Other Contracted Services Rehab Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208872 18,853 ASPEN EQUIPMENT CO.Machinery & Equipment Park and Recreation 208938 18,154 GREGERSON ROSOW JOHNSON & NILA Legal Legal Council 208846 17,877 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 209219 17,126 QUALITY WINE & SPIRITS CO Transportation Den Road Liquor Store 209025 16,838 RELIAKOR SERVICES INC Sweeping Storm Drainage 4207 16,109 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 209013 15,855 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 209078 14,602 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 209270 14,473 DAN'S SOUTHSIDE MARINE Small Tools Fire 209167 14,467 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 209243 14,383 THORPE DISTRIBUTING Beer Den Road Liquor Store 209058 13,504 THORPE DISTRIBUTING Beer Den Road Liquor Store 208565 13,365 QUALITY WINE & SPIRITS CO Transportation Den Road Liquor Store 209041 12,803 SPORTS WORLD USA INC Recreation Supplies Softball 208488 12,793 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 208780 12,217 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 208864 12,040 ABOVE ALL HARDWOOD FLOORS LLC Improvement Contracts Facilities Capital 209109 11,956 BONNER & BORHART LLP Operating Supplies Legal Criminal Prosecution 209198 11,572 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 208838 11,540 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store 209020 11,408 QUALITY WINE & SPIRITS CO Transportation Prairie Village Liquor Store 208624 11,318 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Den Road Liquor Store 209044 11,246 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 208602 11,190 THORPE DISTRIBUTING Misc Taxable Den Road Liquor Store 208614 11,152 W W GOETSCH ASSOCIATES INC Equipment Parts Water Treatment Plant 208842 10,964 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 209214 10,739 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 208738 10,046 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 208911 9,773 ENVIRONMENTAL PROCESS INC Other Contracted Services Facilities Capital 208558 9,575 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store 209260 9,517 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 209147 9,370 GRAYMONT Treatment Chemicals Water Treatment Plant 208936 9,304 GRAYMONT Treatment Chemicals Water Treatment Plant 208785 9,164 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store 208956 9,127 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 208739 9,007 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 209187 8,831 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 209008 8,635 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 208445 8,500 DORSEY & WHITNEY LLP Bond Issue Costs Water Capital 208857 8,270 RICHFIELD, CITY OF Autos Public Works 208587 8,222 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Sewer Capital 208508 7,945 LAVAN FLOOR COVERING Contract Svcs - General Bldg Senior Center 208839 7,698 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 208436 7,663 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 208583 7,500 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 208615 7,474 WALL TRENDS INC Contract Svcs - General Bldg Police City Center 208811 7,413 THORPE DISTRIBUTING Beer Den Road Liquor Store 208743 7,190 MAACO Equipment Repair & Maint Fleet Operating 209262 7,110 XCEL ENERGY Electric Prairie Village Liquor Store 209210 6,898 PAUSTIS & SONS COMPANY Transportation Prairie Village Liquor Store Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208978 6,825 MBFTE Dues & Subscriptions Fire 209079 6,775 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance 208728 6,772 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance 209087 6,722 YALE MECHANICAL INC Building Repair & Maint.Water Treatment Plant 209121 6,657 DAY DISTRIBUTING Beer Prairie View Liquor Store 208621 6,528 WINE MERCHANTS INC Transportation Den Road Liquor Store 209181 6,497 MCF-LINO LAKES Other Contracted Services Utility Operations - General 208901 6,441 DAY DISTRIBUTING Beer Prairie Village Liquor Store 209104 6,143 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 208707 6,142 GRAYMONT Treatment Chemicals Water Treatment Plant 208878 6,101 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 208417 6,085 BELLBOY CORPORATION Transportation Den Road Liquor Store 209029 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 208437 5,935 DAY DISTRIBUTING Beer Den Road Liquor Store 208591 5,927 SOUTHERN WINE & SPIRITS OF MN Transportation Den Road Liquor Store 208777 5,919 PHILLIPS WINE AND SPIRITS INC Wine Domestic Den Road Liquor Store 209084 5,878 DAKOTA SUPPLY GROUP INC Machinery & Equipment Water Metering 208552 5,830 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store 208868 5,669 ALTERNATIVE BUSINESS FURNITURE Capital Under $10,000 FF&E - Furn, Fixtures & Equip. 209188 5,580 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 208997 5,489 NORTHERN AIR CORPORATION Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 208747 5,441 MCQUAY INTERNATIONAL Contract Svcs - HVAC City Hall - CAM 208681 5,298 DAY DISTRIBUTING Beer Den Road Liquor Store 208937 5,206 GREENSIDE INC Contract Svcs - Asphalt/Concrt Dunn Brothers 209278 5,056 MOBILE RADIO ENGINEERING INC Equipment Repair & Maint Public Safety Communications 209133 5,000 EHLERS & ASSOCIATES INC Other Contracted Services Project Fund 209272 4,950 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire 209247 4,662 VALLEY RICH CO INC Equipment Repair & Maint Water System Maintenance 208942 4,543 HAWKINS INC Treatment Chemicals Water Treatment Plant 208849 4,414 ZIEGLER INC Equipment Repair & Maint Fleet Operating 208782 4,385 PROSOURCE SUPPLY Operating Supplies Ice Rink #1 209257 4,298 WINE MERCHANTS INC Transportation Den Road Liquor Store 208919 4,190 FINLEY BROS INC Improvements to Land Park Acquisition & Dev Fixed A 208551 4,072 OLYMPIC HILLS GOLF CLUB Miscellaneous Reserves 208773 4,058 PAUSTIS & SONS COMPANY Transportation Prairie View Liquor Store 208453 4,000 ETHICAL LEADERS IN ACTION LLC Tuition Reimbursement/School Fire 208888 3,967 BRAUN INTERTEC CORPORATION Improvements to Land Parks Referendum 208860 3,964 A-SCAPE INC Contract Svcs - Lawn Maint.Fire Station #5 208469 3,933 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 209239 3,890 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.City Hall - CAM 208686 3,862 ECOLAB INC Contract Svcs - Pest Control Fitness/Conference - Cmty Ctr 209248 3,795 VAN PAPER COMPANY Cleaning Supplies Park Shelters 208822 3,787 VALLEY RICH CO INC Equipment Repair & Maint Water System Maintenance 208940 3,757 GUNNAR ELECTRIC CO INC Contract Svcs - Electrical Cummins Grill House 209283 3,756 US POSTMASTER Postage Communications 208672 3,755 CENTERPOINT ENERGY Gas Water Treatment Plant 208689 3,750 ETHICAL LEADERS IN ACTION LLC Tuition Reimbursement/School Fire 209074 3,669 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 208429 3,650 CENTURYLINK Telephone IT Telephone 208538 3,633 MRPA Special Event Fees Softball Check #Amount Vendor / Explanation Account Description Business Unit Explanation 209039 3,630 SOUTHWEST SUBURBAN PUBLISHING-Advertising Recreation Admin 209179 3,620 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits 209232 3,550 SOUTHERN WINE & SPIRITS OF MN Transportation Prairie Village Liquor Store 208924 3,508 GARDEN ROOM FRATELLI'S GARDEN Miscellaneous City Council 208432 3,504 CORVAL CONSTRUCTORS INC Repair & Maint - Ice Rink Ice Arena Maintenance 208873 3,373 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 209281 3,207 RICHFIELD, CITY OF Autos Public Works 209155 3,160 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 208727 3,144 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 208468 3,091 GRAYMONT Treatment Chemicals Water Treatment Plant 209256 3,024 WINE COMPANY, THE Transportation Prairie Village Liquor Store 208875 2,963 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 209237 2,899 STREICHERS Training Supplies Police 209071 2,875 WALL TRENDS INC Contract Svcs - General Bldg Senior Center 208797 2,822 SOUTHERN WINE & SPIRITS OF MN Transportation Prairie Village Liquor Store 208949 2,805 HOHENSTEINS INC Beer Prairie Village Liquor Store 208545 2,798 NORTHERN AIR CORPORATION Contract Svcs - HVAC Arts Center 208855 2,786 NILSSON, BETH Instructor Service Ice Rink #1 209245 2,769 UNIFORMS UNLIMITED Training Supplies Police 209268 2,755 AVIAT U.S. INC Equipment Repair & Maint Public Safety Communications 208415 2,618 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 209150 2,600 HAMLINE UNIVERSITY Tuition Reimbursement/School Fire 208798 2,598 SPS COMPANIES Equipment Repair & Maint Water Treatment Plant 208642 2,578 ALTERNATIVE BUSINESS FURNITURE Supplies - Electrical City Center Operations 208734 2,547 KRANZ LAWN & ATV Grounds Maintenance Utility Operations - General 208480 2,538 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 208656 2,530 BELLBOY CORPORATION Transportation Prairie View Liquor Store 208891 2,480 BRYAN ROCK PRODUCTS INC Gravel Water System Maintenance 208482 2,478 HOHENSTEINS INC Beer Den Road Liquor Store 209227 2,463 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Storm Drainage 208582 2,425 SCOTT W BAKER ASSOCIATES INC Other Contracted Services Facilities Capital 209207 2,395 PAPCO INC Cleaning Supplies Fitness/Conference - Cmty Ctr 208867 2,377 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 208837 2,271 WINE MERCHANTS INC Transportation Prairie View Liquor Store 209118 2,204 COMPAR INC Computers IT Operating 209050 2,179 STREICHERS Clothing & Uniforms Police 208755 2,147 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake 209280 2,077 VTI Equipment Repair & Maint Public Safety Communications 208882 2,055 BIFFS INC Waste Disposal Park Maintenance 209089 2,046 A-SCAPE INC Contract Svcs - Lawn Maint Fire Station #4 209027 2,035 RICHFIELD, CITY OF Autos Public Works 208427 2,011 CENTERPOINT ENERGY Gas Den Bldg. - CAM 208824 2,002 VERIZON WIRELESS Wireless Subscription IT Operating 208877 2,000 BEAL, KATIE Tuition Reimbursement/School Organizational Services 209113 1,982 CERIDIAN Ceridian IT Operating 209006 1,982 PAUSTIS & SONS COMPANY Transportation Den Road Liquor Store 209092 1,946 AGGREGATE INDUSTRIES Repair & Maint. Supplies Storm Drainage 209276 1,916 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Public Works/Parks 208775 1,864 PETERSON BROS ROOFING AND CONS Contract Svcs - Roof Fitness/Conference - Cmty Ctr 209066 1,859 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208673 1,827 CERIDIAN Ceridian IT Operating 209163 1,827 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 208821 1,813 USA MOBILITY WIRELESS INC Pager & Cell Phone Public Safety Communications 209203 1,806 NORTHSTAR MUDJACKING SPECIALIS Mudjacking Curbs Drainage 209164 1,781 ITRON INC.Maintenance Contracts Water Metering 208465 1,757 GRAINGER Equipment Parts Fleet Operating 208694 1,756 FIETEK, CHRIS Tuition Reimbursement/School Organizational Services 208595 1,734 STAPLES ADVANTAGE Office Supplies Police 208605 1,734 US POSTMASTER Postage Water Accounting 208546 1,713 NORTHWORKS OCCUPATIONAL HEALTH Employment Support Test Fire 209114 1,705 CLAREYS INC Safety Supplies Sewer System Maintenance 208711 1,700 GYM WORKS Equipment Repair & Maint Fitness Center 208512 1,689 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 209275 1,671 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 208880 1,661 BERNICK'S WINE Wine Domestic Den Road Liquor Store 208515 1,645 MARSHALL & SWIFT Dues & Subscriptions Assessing 208549 1,637 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 209093 1,598 AIM ELECTRONICS Equipment Repair & Maint Purgatory Creek Park 208648 1,592 ANCHOR PAPER COMPANY Office Supplies Customer Service 208631 1,586 MAROTTA, VIC Instructor Service Fall Skill Development 208423 1,556 BROWN TRAFFIC PRODUCTS INC Equipment Repair & Maint Traffic Signals 208836 1,544 WINE COMPANY, THE Transportation Prairie View Liquor Store 209263 1,510 XTREME INTEGRATION Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 208633 1,500 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 208929 1,424 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations - General 208627 1,415 WORK CONNECTION, THE Other Contracted Services Park Maintenance 209189 1,406 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance 208841 1,384 WORK CONNECTION, THE Other Contracted Services Park Maintenance 209261 1,384 WORK CONNECTION, THE Other Contracted Services Park Maintenance 208809 1,380 TEMP, DAWN M Other Contracted Services Volleyball 208732 1,368 KEEPERS Clothing & Uniforms Fire 209240 1,365 SURLY BREWING CO Beer Den Road Liquor Store 208974 1,345 MAACO Equipment Repair & Maint Fleet Operating 208439 1,335 DECORATIVE DESIGNS INC Contract Svcs - Int. Landscape City Center Operations 208957 1,332 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Park Maintenance 208643 1,332 AMEC GEOMATRIX Other Contracted Services WAFTA 209186 1,310 METRO SALES INCORPORATED*Other Rentals Customer Service 208735 1,309 KURT, KAREN Tuition Reimbursement/School Organizational Services 208620 1,283 WINE COMPANY, THE Wine Domestic Prairie View Liquor Store 209157 1,269 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance 208774 1,269 PETERBILT NORTH Equipment Parts Fleet Operating 208712 1,265 HACH COMPANY Laboratory Chemicals Water Treatment Plant 209000 1,259 NORTHWORKS OCCUPATIONAL HEALTH Health & Fitness Fire 208522 1,243 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 208702 1,230 GRAINGER Equipment Parts Fleet Operating 209069 1,229 W P & R S MARS CO Small Tools Fleet Operating 208819 1,228 US BANK Interest Investment Fund 209156 1,206 HEUN ENTERPRISES, INC Liquor Prairie Village Liquor Store 208759 1,202 MOORE WALLACE - AN RR DONNELLE Printing Police 208976 1,200 MARTIN-MCALLISTER Employment Support Test Organizational Services Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208668 1,196 BUCK, NATHAN Other Contracted Services Softball 209221 1,172 REINDERS INC Chemicals Park Maintenance 208981 1,172 METRO SALES INCORPORATED*Office Supplies Customer Service 208575 1,170 ROOT O MATIC Contract Svcs - Plumbing Ice Arena Maintenance 208984 1,170 MICHAELSON, ELIZABETH H Operating Supplies Summer Theatre 208968 1,148 LANO EQUIPMENT INC Equipment Parts Fleet Operating 208964 1,141 KEEPERS Clothing & Uniforms Animal Control 209080 1,138 WORK CONNECTION, THE Other Contracted Services Park Maintenance 208998 1,132 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 208912 1,131 EPA AUDIO VISUAL INC Machinery & Equipment Utility Operations - General 209267 1,127 ZOELLNER, MARK Other Contracted Services Softball 208626 1,105 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 208519 1,087 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 209102 1,075 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 208710 1,062 GUNDERSON, CONSTANCE L.Instructor Service Arts Center 208578 1,052 ROTH, ANDREW J.Instructor Service Outdoor Center 208827 1,033 VISTAR CORPORATION Merchandise for Resale Concessions 208560 1,033 POWERPLAN OIB Equipment Repair & Maint Fleet Operating 209273 1,031 FIRE SAFETY USA INC Small Tools Fire 209048 1,020 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services 208430 1,000 CERIDIAN Ceridian IT Operating 208486 1,000 JALARAM HOSPITALITY WORLD WIDE Right of Way & Easement CIP Trails 208649 1,000 AQUA ENGINEERING INC Grounds Maintenance Utility Operations - General 208847 995 ZARNOTH BRUSH WORKS INC.Equipment Repair & Maint Park Maintenance 208533 990 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 208993 983 MPX GROUP, THE Printing Police 208639 977 3D SPECIALTIES Equipment Repair & Maint Traffic Signals 209026 952 RETROFIT RECYCLING INC Contract Svcs - Electrical Ice Arena Maintenance 209014 950 PRAIRIE RESTORATIONS INC Design & Engineering Storm Drainage 209067 943 VINOCOPIA Transportation Prairie Village Liquor Store 208749 932 MENARDS Supplies - General Building City Center Operations 209002 929 OLSEN'S EMBROIDERY/COMPANY Employee Award Organizational Services 208823 917 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference - Cmty Ctr 208805 912 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Fire Station #2 208986 908 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store 208721 900 HOUTZ, STEPHEN J Other Contracted Services Summer Theatre 208866 900 ADVANCED PUBLIC SAFETY INC Software Maintenance IT Operating 208607 898 VAN PAPER COMPANY C H Robinson - Cleaning Suppli City Hall - Direct Costs 208910 881 ELLIS, ROBERT Other Contracted Services Organizational Services 208404 875 2ND WIND EXERCISE Equipment Repair & Maint Fitness Center 209143 870 GRAFIX SHOPPE Equipment Repair & Maint Fleet Operating 208751 863 METRO SALES INCORPORATED*Other Rentals Customer Service 209148 850 GREENSIDE INC Contract Svcs - Lawn Maint.City Hall - CAM 209201 838 NEW FRANCE WINE COMPANY Transportation Prairie Village Liquor Store 208411 834 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 208466 833 GRANICUS INC Software Maintenance IT Operating 208543 833 NFPA Dues & Subscriptions Fire 208691 828 FASTENAL COMPANY Equipment Parts Fleet Operating 208851 825 GE CAPITAL Other Rentals Customer Service 208576 823 ROREM, ANN M Instructor Service Arts Center Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208719 815 HIGHWAY TECHNOLOGIES INC Equipment Repair & Maint Water System Maintenance 209045 812 ST PAUL, CITY OF Patching Asphalt Street Maintenance 208907 801 ECOLAB INC Contract Svcs - Pest Control City Hall - CAM 208704 795 GRAND PERE WINES INC Transportation Prairie Village Liquor Store 208524 775 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 209040 768 SPORTS UNLIMITED Instructor Service CC-Camps 209158 768 IND SCHOOL DIST 272 Gym Rental Adult Open Gym 208889 764 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Sfty City Hall - CAM 208675 756 CITY OF ST LOUIS PARK Conference Expense Recreation Admin 208518 751 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 209226 750 SHIFT DIGITAL AUDIO PRODUCTION Other Contracted Services Riley-Jacques Barn 208767 746 NORTHERN AIR CORPORATION Other Contracted Services Pool Maintenance 208409 741 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 208999 740 NORTHLAND CHEMICAL CORP Equipment Parts Fleet Operating 208679 738 CORVAL CONSTRUCTORS INC Contract Svcs - Ice Rink Ice Arena Maintenance 208906 736 DOHERTY, SANDRA L Other Contracted Services Volleyball 208742 732 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals 209073 730 WINE COMPANY, THE Wine Imported Prairie Village Liquor Store 208662 723 BLOOMINGTON, CITY OF Kennel Services Animal Control 209195 715 MINNESOTA WANNER COMPANY Equipment Repair & Maint Park Maintenance 208920 708 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Prairie View Liquor Store 208421 703 BOURGET IMPORTS Transportation Den Road Liquor Store 208636 700 PETTY CASH-POLICE DEPT Miscellaneous Liquor Compliance 209001 700 NSWFA Dues & Subscriptions Fire 209127 700 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery 209202 698 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 209068 691 VISTAR CORPORATION Merchandise for Resale Concessions 209146 690 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 208674 678 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store 208433 675 COSTCO Operating Supplies Fitness Classes 209136 674 FAGNANT, SUSAN Instructor Service Outdoor Center 209081 670 XCEL ENERGY Electric Traffic Signals 208988 665 MILLERBERND MANUFACTURING COMP Equipment Repair & Maint Traffic Signals 209220 663 REBS MARKETING Other Contracted Services Rehab 209140 662 GE CAPITAL Other Rentals Customer Service 208600 660 SURLY BREWING CO Beer Den Road Liquor Store 208705 659 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 208525 658 MINNESOTA PIPE AND EQUIPMENT*Equipment Parts Water System Maintenance 209094 645 AMARA WINES LLC Wine Imported Prairie Village Liquor Store 208459 640 FIRST SUPPLY Supplies - HVAC Fitness/Conference - Cmty Ctr 209107 638 BERRY COFFEE COMPANY Merchandise for Resale Concessions 208667 635 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Senior Center 4205 629 CERIDIAN Garnishment Withheld General Fund 208787 624 RAY, LEE Other Contracted Services Softball 208406 623 ALTERNATIVE BUSINESS FURNITURE Supplies - General Bldg City Hall - CAM 208748 605 MEDICINE LAKE TOURS Special Event Fees Trips 208870 604 AMERIPRIDE LINEN & APPAREL SER Clothing & Uniforms Den Road Liquor Store 208921 603 FLYING CLOUD T/S #U70 Waste Disposal Park Maintenance 209055 602 SURLY BREWING CO Beer Prairie Village Liquor Store 208531 602 MINNESOTA WANNER COMPANY Landscape Materials/Supp Street Maintenance Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208885 601 BOUNDLESS NETWORK Operating Supplies Recreation Admin 209185 600 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1 209206 600 PAEPKE PRODUCTIONS LLC Other Contracted Services Riley-Jacques Barn 208932 596 GRAINGER Operating Supplies Street Maintenance 208898 594 CONNEY SAFETY PRODUCTS Equipment Testing/Cert.Fire 4200 594 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 209159 584 IND SCHOOL DIST 272 Gym Rental Volleyball 209161 584 IND SCHOOL DIST 272 Gym Rental Volleyball 208418 583 BERGET, LINETTE Instructor Service Outdoor Center 209022 583 QWEST Maintenance Contracts E-911 Program 208537 582 MPX GROUP, THE Printing Police 209138 571 FANFARE PROMOTIONS INC Clothing & Uniforms Inspections-Administration 208653 569 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 208958 568 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 208652 560 BANK BEER CO Beer Den Road Liquor Store 208516 553 MCQUAY INTERNATIONAL Contract Svcs - HVAC City Hall - CAM 208947 552 HENRY, PAUL Other Contracted Services Volleyball 208810 543 THE OASIS GROUP Employee Assistance Organizational Services 208527 542 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 208701 540 GOVDELIVERY Software Maintenance IT Operating 208930 540 GOVDELIVERY Software Maintenance IT Operating 208987 537 MILIO'S SANDWICHES Merchandise for Resale Concessions 208893 536 CATCO PARTS SERVICE Equipment Parts Fleet Operating 208792 534 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 208945 534 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 208746 530 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 209047 528 STAPLES ADVANTAGE Office Supplies Customer Service 208569 520 RAY, LEE Other Contracted Services Softball 209174 517 KEEPERS Clothing & Uniforms Fire 208520 515 METRO SALES INCORPORATED*Office Supplies Fire 209250 513 WACONIA FARM SUPPLY Machinery & Equipment Capital Outlay Parks 208758 505 MN STATE BOARD OF ASSESSORS Licenses & Taxes Assessing 209190 505 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 209204 503 OPPORTUNITY PARTNERS Janitor Service City Hall - CAM 208561 501 PROFORMA Printing Communications 208941 500 HARMON, STEPHANIE M Other Contracted Services Summer Theatre 208975 500 MAECK, TOM Other Contracted Services Summer Theatre 209137 500 FAHEY, LARRY Other Contracted Services Riley-Jacques Barn 209249 499 VINOCOPIA Transportation Prairie Village Liquor Store 209134 491 ELECTRIC PUMP Equipment Repair & Maint Sewer Liftstation 209166 490 JEFF MARTIN COMPANY Other Rentals Park Maintenance 209242 483 TEMP, JEFFERY L Other Contracted Services Volleyball 209054 481 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Fire Station #1 208969 477 LDV Equipment Parts Fleet Operating 209031 477 SCHARBER & SONS Equipment Parts Fleet Operating 208641 475 AGGREGATE INDUSTRIES Repair & Maint. Supplies Storm Drainage 208416 474 BAUER BUILT TIRE AND BATTERY Equipment Parts Fleet Operating 208625 470 WITT, BETH Mileage & Parking Aquatics & Fitness Admin 208647 467 AMERITRAK Other Contracted Services Snow & Ice Control 209120 467 DAVANNI'S PIZZA Merchandise for Resale Concessions Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208500 466 KIDS TEAM TENNIS LLC Instructor Service CC-Tennis 208676 463 CLAREYS INC Safety Supplies Sewer System Maintenance 209126 463 DESIGN DESIGN Transportation Prairie View Liquor Store 209222 463 RIGHTWAY GLASS INC Equipment Repair & Maint Fleet Operating 208886 462 BOURGET IMPORTS Transportation Prairie Village Liquor Store 209191 459 MIDWEST SIGN & SCREEN PRINTING Equipment Parts Fleet Operating 208609 456 VINOCOPIA Transportation Prairie Village Liquor Store 209251 452 WATER CONSERVATION SERVICES IN Other Contracted Services Water System Maintenance 208926 440 GE CAPITAL Other Rentals Customer Service 208856 440 EDEN PRAIRIE ABD FOUNDATION Miscellaneous Administration 208455 431 FAST WATER PROMOTIONS LLC Operating Supplies Oak Point Operations 208840 431 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 208994 422 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 208599 422 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 209088 416 NOYES, JEFFREY Deposits Escrow 209233 416 SPRINT Computers IT Operating 208708 414 GREATAMERICA LEASING CORP.Postage Customer Service 208592 414 SPRINT Wireless Subscription IT Operating 208826 413 VINOCOPIA Transportation Den Road Liquor Store 209277 413 METRO FIRE Protective Clothing Fire 208769 411 NORTHWESTERN POWER EQUIPMENT C Equipment Parts Water Treatment Plant 208871 401 ASPEN CARPET CLEANING Janitor Service Police City Center 208966 400 KRAFT, MATTHEW E Other Contracted Services Summer Theatre 209061 400 TURNER, ANDY Other Contracted Services Summer Theatre 209244 395 TRI COUNTY BEVERAGE & SUPPLY Misc Non-Taxable Den Road Liquor Store 208791 392 SEELYE Equipment Repair & Maint Water Treatment Plant 208630 391 ASPEN WASTE SYSTEMS INC.Waste Disposal Public Works/Parks 209182 391 MCGREGOR, RANDY Other Contracted Services Softball 208542 390 NFPA Dues & Subscriptions Fire 208698 389 GENERAL GROWTH PROPERTIES LP-E Building Rental Police 209082 388 ZARNOTH BRUSH WORKS INC.Equipment Repair & Maint Park Maintenance 209168 387 JOHN DEERE LANDSCAPES/LESCO Repair & Maint. Supplies Water Storage 209215 387 PROP United Way Withheld General Fund 209108 386 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 208935 385 GRAPE BEGINNINGS Transportation Den Road Liquor Store 209152 385 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Water Metering 208750 385 METRO ATHLETIC SUPPLY Operating Supplies Park Maintenance 208462 380 GERTENS Chemicals Park Maintenance 208683 376 DESIGN DESIGN Transportation Den Road Liquor Store 208715 373 HD SUPPLY WATERWORKS LTD Equipment Repair & Maint Park Maintenance 208804 372 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 208763 372 NEPM - ASI # 279381 Fire Prevention Supplies Fire 208881 372 BERRY COFFEE COMPANY Merchandise for Resale Concessions 208723 371 IDENTIX INCORPORATED Operating Supplies Police 208884 371 BOUND TREE MEDICAL LLC EMS Supplies Fire 208720 368 HOLMES, TOM Other Contracted Services Softball 208909 359 ELIASON, STEVE J Other Contracted Services Softball 208764 358 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 208654 354 BELAIR EXCAVTING Deposits Escrow 208796 354 SOUTH CEDAR GREENHOUSES Landscape Materials/Supp Park Maintenance Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208876 350 BCA/CRIMINAL JUSTICE TRAINING Tuition Reimbursement/School Police 208484 345 IEDC Dues & Subscriptions Economic Development 209101 345 BARNES, BELINDA A.Other Contracted Services Volleyball 208752 343 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating 208808 340 TAYLOR, EMILY Instructor Service Arts Center 208754 339 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 208736 339 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating 208818 336 UNIFORMS UNLIMITED Clothing & Uniforms Police 209122 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 208438 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service 208485 327 J H LARSON COMPANY Ch Robinson - Supplies City Hall - Direct Costs 209225 326 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie Village Liquor Store 209018 324 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 208470 323 GS DIRECT Operating Supplies Engineering 208768 323 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 208709 320 GREENSIDE INC Contract Svcs - Asphalt/Concr.Fire Station #1 208786 320 QWEST Telephone IT Telephone 208718 316 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 208463 315 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 209023 312 RAY, LEE Other Contracted Services Softball 209021 311 QWEST Telephone IT Telephone 208447 309 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 209162 308 INFRATECH Repair & Maint. Supplies Sewer Capital 208440 307 DELEGARD TOOL CO Equipment Parts Fleet Operating 208756 306 MINNESOTA WANNER COMPANY Equipment Repair & Maint Street Maintenance 208913 306 FALCK, TIMOTHY R Other Contracted Services Softball 209236 305 STAPLES ADVANTAGE Office Supplies Customer Service 208766 305 NEWTON, J. RANDALL Mileage & Parking Engineering 208815 301 TRI COUNTY BEVERAGE & SUPPLY Beer Prairie View Liquor Store 208601 300 THOMPSON, GREGG Other Contracted Services Storm Drainage 208680 300 CREATURE ENCOUNTERS INC Other Contracted Services Outdoor Center 208807 300 TAMS-WITMARK MUSIC LIBRARY INC Licenses, Permits, Taxes Summer Theatre 208772 296 PASSPORT BEVERAGE Misc Taxable Den Road Liquor Store 208970 295 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 208977 293 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 208834 291 WICHTERMAN'S LTD Equipment Repair & Maint Fleet Operating 208678 290 CONSTRUCTION MATERIALS INC Landscape Materials/Supp Street Maintenance 208634 290 CARVER COUNTY SHERIFF'S DEPT.Deposits Escrow 208606 289 VALLEY POOLS Building Permits General Fund 209095 286 AMERICAN BOTTLING COMPANY, THE Misc Non-Taxable Den Road Liquor Store 208530 285 MINNESOTA VALLEY ELECTRIC COOP Electric Traffic Signals 208603 283 TKO WINES, INC Wine Imported Prairie Village Liquor Store 209038 281 SOUTHERN WINE & SPIRITS OF MN Wine Domestic Prairie Village Liquor Store 208879 280 BERGET, LINETTE Instructor Service Outdoor Center 208419 279 BERRY COFFEE COMPANY Merchandise for Resale Concessions 209124 275 DEHN, JOSHUA E Other Contracted Services Park Maintenance 209151 275 HAUPT, JASON D Other Contracted Services Park Maintenance 209011 275 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall - CAM 208684 273 EARL F ANDERSEN INC Signs Traffic Signs 209012 273 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208481 270 HOFF, BARRY & KOZAR, P.A.Legal Legal Council 209064 269 UNIFORMS UNLIMITED Clothing & Uniforms Police 208467 269 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 208831 268 WEEDMAN, NICOLE Mileage & Parking Youth Programs Admin 208456 266 FASTENAL COMPANY Operating Supplies Park Maintenance 208431 264 CLAREYS INC Operating Supplies Traffic Signals 209274 261 GYM WORKS Equipment Repair & Maint Fitness Center 208740 260 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store 209049 260 STINSON, STEVEN J Other Contracted Services Softball 208887 259 BRAUER & ASSOCIATES LTD Other Contracted Services Improvement Projects 2006 208541 259 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 209246 257 UNITED WAY United Way Withheld General Fund 209065 256 VALLEY NAT'L GASES-LOC 93 Small Tools Fleet Operating 209043 255 SQUARE CUT Other Contracted Services Senior Center Admin 209132 255 ECM PUBLISHERS INC Advertising Prairie Village Liquor Store 209056 254 TAYLOR, EMILY Instructor Service Arts Center 208725 253 JACO, LLC Misc Taxable Den Road Liquor Store 208451 253 ELIASON, STEVE J Other Contracted Services Softball 208483 253 HOLMES, TOM Other Contracted Services Softball 209154 253 HEALY, STEPHEN Other Contracted Services Softball 208570 252 RCM & ASSOCIATES Office Supplies Customer Service 209106 250 BERGET, LINETTE Instructor Service Outdoor Center 209098 247 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 209234 245 SPRUNG TRAINING SYSTEM/SERVICE Conference Expense Facilities Staff 208861 244 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 208657 240 BERGET, LINETTE Instructor Service Outdoor Center 209005 240 PARLEY LAKE WINERY Wine Domestic Den Road Liquor Store 208816 238 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store 208890 236 BROWNING, RYAN Other Hardware IT Operating 208426 235 BZB PRODUCTS Transportation Den Road Liquor Store 208753 235 MIDWEST ASPHALT CORPORATION Other Rentals Community Center 208830 235 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 208971 231 LEXISNEXIS Other Contracted Services Police 208806 230 TACKMIER,KARIE Other Contracted Services Volleyball 208771 230 PARLEY LAKE WINERY Wine Imported Den Road Liquor Store 209117 227 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 208410 225 ASPEN WASTE SYSTEMS INC.Waste Disposal Den Road Liquor Store 209173 225 KARST, JOAN E Dues & Subscriptions Facilities Staff 208461 223 GE CAPITAL Office Supplies Customer Service 208513 221 MAHMUTOVIC, DZEVAD Mileage & Parking General Community Center 209033 220 SEELYE Equipment Repair & Maint Water Treatment Plant 209115 220 COLE, MARY JO Accounts Receivable Community Center Admin 208408 219 AMERIPRIDE LINEN & APPAREL SER Operating Supplies Prairie View Liquor Store 208529 218 MINNESOTA SUPPLY COMPANY Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 209224 217 SHAH, GAURAV Accounts Receivable Community Center Admin 208803 217 STREICHERS Clothing & Uniforms Police 208979 215 MCQUAY INTERNATIONAL Contract Svcs - HVAC City Hall - CAM 208666 213 BRAUN INTERTEC CORPORATION Testing - Soil Boring Improvement Projects 2006 209180 212 MARGRON SKOGLUND WINE IMPORTS,Transportation Prairie View Liquor Store 208489 212 JOHN DEERE LANDSCAPES/LESCO Operating Supplies Park Maintenance Check #Amount Vendor / Explanation Account Description Business Unit Explanation 209205 211 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 209235 211 STANLEY SECURITY SOLUTIONS INC Supplies - Security City Center Operations 208479 208 HIGHWAY TECHNOLOGIES INC Operating Supplies Traffic Signs 208644 208 AMERICAN BOTTLING COMPANY, THE Misc Taxable Den Road Liquor Store 209003 207 OSI BATTERIES INC Operating Supplies Traffic Signals 208950 207 HOLMES, TOM Other Contracted Services Softball 209125 207 DESAULNIERS, DAN Other Contracted Services Softball 208412 207 AVI SYSTEMS INC Equipment Repair & Maint Communications 208714 202 HD SUPPLY FACILITIES MAINTENAN Supplies - General Bldg Arts Center 208435 200 CUMMINGS, PAUL Refunds Environmental Education 208478 200 HERRIGES, GREG Other Contracted Services Arts in the Park 208589 200 SIMACEK, JOHN R Other Contracted Services Arts in the Park 208934 200 GRANNES, RICK Refunds Environmental Education 209062 200 TYRA-LUKENS, NANCY Miscellaneous City Council 208645 200 AMERICAN RED CROSS Licenses, Permits, Fees Pool Lessons 208902 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff 208682 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair & Maint IT Operating 208862 196 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs 209129 196 DISPLAY SALES Supplies - General Bldg Fire Station #4 208405 196 A TO Z RENTAL CENTER Equipment Repair & Maint Park Maintenance 209110 191 BOURGET IMPORTS Transportation Prairie View Liquor Store 209254 189 WICHTERMAN'S LTD Equipment Repair & Maint Fleet Operating 209196 189 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 209160 188 IND SCHOOL DIST 272 Gym Rental Basketball 209128 186 DIGITAL ENTERTAINMENT INC Cable TV Community Center Admin 208441 186 DIRECTV Cable TV Community Center Admin 208820 185 US POSTMASTER Postage Senior Center Admin 208703 184 GRAMPRE, DAVID A Other Contracted Services Softball 208716 184 HEALY, STEPHEN Other Contracted Services Softball 208670 184 CATCO PARTS SERVICE Equipment Parts Fleet Operating 208848 181 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 208526 180 MINNESOTA POST BOARD Dues & Subscriptions Police 208828 180 VTI Contract Svcs - Security Fitness/Conference - Cmty Ctr 209096 180 AMERIPRIDE LINEN & APPAREL SER Cleaning Supplies Prairie View Liquor Store 208497 178 KAPAUN, RYAN Tuition Reimbursement/School Police 208573 178 ROHDE, ANDREW Tuition Reimbursement/School Police 208813 177 TKO WINES, INC Wine Imported Prairie View Liquor Store 208895 177 CLAREYS INC Office Supplies Customer Service 208498 177 KEEPERS Clothing & Uniforms Fire 208963 175 JOHNSON, BARBARA Refunds Environmental Education 208983 173 METROPOLITAN FORD Equipment Parts Fleet Operating 209216 172 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 209060 171 TIMBERWALL LANDSCAPE & MASONRY Landscape Materials/Supp Improvement Projects 2006 208444 170 DOMACE VINO Transportation Prairie Village Liquor Store 209178 169 LYNN PEAVEY COMPANY Operating Supplies Police 208474 169 HD SUPPLY WATERWORKS LTD Repair & Maint. Supplies Park Maintenance 208544 169 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 208700 167 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg Senior Center 208896 167 COMCAST Wireless Subscription IT Operating 208507 165 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208800 165 STAPLES ADVANTAGE Office Supplies Customer Service 209030 163 RINK SYSTEMS INC Repair & Maint - Ice Rink Ice Arena Maintenance 209090 161 ACCELERATED TECHNOLOGIES LLC Video & Photo Supplies Fitness Classes 208616 161 WASTL, GREG Other Contracted Services Softball 209032 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating 209099 160 ASPEN WASTE SYSTEMS INC.Waste Disposal Den Bldg. - CAM 209223 158 SCHARBER & SONS Equipment Repair & Maint Park Maintenance 208528 158 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons 208925 157 GARELICK STEEL CO INC Operating Supplies Traffic Signals 208563 155 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 208952 153 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant 209123 153 DEAN, MITCH Mileage & Parking Den Road Liquor Store 208829 152 W P & R S MARS CO Safety Supplies Park Maintenance 209284 151 PETTY CASH-EPCC 208511 150 LUZHANSKY, DMITRY Refunds Environmental Education 208562 150 PUCHALSKI, MARY Instructor Service Arts Center 208610 150 VOLAVKA, LYNDA Other Contracted Services Arts in the Park 208726 150 JENSON, JORDEN Improvement Contracts CIP Trails 208799 150 SQUARE CUT Other Contracted Services Senior Center Admin 208939 150 GUNDERSON, CONSTANCE L.Instructor Service Arts Center 208817 150 TURFWERKS Equipment Repair & Maint Park Maintenance 209024 147 RECYCLING ASSOCIATION OF MINNE Miscellaneous Storm Drainage 208854 145 HOME DEPOT CREDIT SERVICES Supplies - Plumbing Police City Center 208793 142 SHAMROCK GROUP, INC - ACE ICE Transportation Den Road Liquor Store 208795 140 SNIPERCRAFT INC Training Supplies Police 208897 138 CONLEY, JOYCE Special Event Fees Senior Board 208916 137 FEDERAL SIGNAL CORPORATION Equipment Parts Fleet Operating 208989 135 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 209131 135 DORR, ELIZABETH Accounts Receivable Community Center Admin 209199 134 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 208665 134 BOYER TRUCKS Equipment Parts Fleet Operating 208457 134 FERRELLGAS Motor Fuels Fleet Operating 208658 134 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations - General 208928 133 GINA MARIAS INC Operating Supplies Police 209230 132 SNAP-ON TOOLS Small Tools Fleet Operating 208869 132 AMARA WINES LLC Wine Imported Prairie Village Liquor Store 208450 132 EDINA, CITY OF Other Contracted Services Communications 209153 130 HEALTH ACTIVATION SERVICES PLC Employment Support Test Organizational Services 208859 129 A TO Z RENTAL CENTER Other Rentals Improvement Projects 2006 209197 128 MN NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 209111 127 CALIFORNIA CONTRACTORS SUPPLIE Operating Supplies Utility Operations - General 208995 125 MTI DISTRIBUTING INC.Conference Expense Park Maintenance 209010 124 POMP'S TIRE SERVICE INC Tires Fleet Operating 208539 120 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 208593 120 SQUARE CUT Other Contracted Services Senior Center Admin 209015 119 PREMIUM WATERS INC Operating Supplies Fire 208783 119 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 208790 119 SCHARBER & SONS Equipment Parts Fleet Operating 208604 117 TRUE FABRICATIONS Misc Taxable Prairie Village Liquor Store 208985 117 MIDWEST ASPHALT CORPORATION Waste Blacktop/Concrete Street Maintenance Check #Amount Vendor / Explanation Account Description Business Unit Explanation 209017 115 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference - Cmty Ctr 208967 115 KRAMER, TRENT C Other Contracted Services Softball 208476 114 HEITKAMP, VOLLIE Tuition Reimbursement/School Fitness Classes 208761 114 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 208899 111 CONSTRUCTION MATERIALS INC Repair & Maint. Supplies Storm Drainage 208918 110 FERRELLGAS Motor Fuels Fleet Operating 208646 107 AMERIPRIDE LINEN & APPAREL SER Janitor Service Prairie Village Liquor Store 209070 105 WACONIA FARM SUPPLY Equipment Repair & Maint Park Maintenance 208596 105 STATE SUPPLY COMPANY Ch Robinson - Supplies City Hall - Direct Costs 208495 100 JOHNSTONE SUPPLY Supplies - HVAC City Hall - CAM 208917 100 FEDEX KINKO'S OFFICE AND PRINT Printing Sewer Capital 208448 100 DUOOS, BRIAN Other Contracted Services Assessing 208458 100 FETTER, SUSAN Refunds Environmental Education 208471 100 HACKENBERG, CAROLE Refunds Environmental Education 208494 100 JOHNSON, JIM Other Contracted Services Assessing 208503 100 KORAS, KIKI Refunds Environmental Education 208532 100 MISSAGHI. SHAHRAM Refunds Environmental Education 208535 100 MOQUIST, LYNDON Other Contracted Services Assessing 208540 100 MURPHY, GREG Refunds Environmental Education 208548 100 O'CONNOR, ANNETTE Other Contracted Services Assessing 208554 100 PERLA, BALARAJU Refunds Environmental Education 208555 100 PETERSON, PAUL Refunds Environmental Education 208559 100 PIDCOCK, PATRICIA Other Contracted Services Assessing 208577 100 ROSS, AL Refunds Environmental Education 208585 100 SHAUGHNESSY, ELISHA Refunds Environmental Education 208629 100 YAMADA, ROBERTA Refunds Environmental Education 208695 100 FILUT, CAROL Refunds Environmental Education 208762 100 NELSON, KAREN Refunds Environmental Education 208892 100 CARR, KATHLEEN Refunds Environmental Education 208915 100 FCM HOLDINGS Cash Over/Short General Fund 208944 100 HENNEPIN COUNTY FIRE CHIEF ASS Dues & Subscriptions Fire 209184 100 MENARDS Repair & Maint. Supplies Sewer System Maintenance 209144 99 GRAINGER Equipment Parts Fleet Operating 209009 98 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 209034 98 SHAMROCK GROUP, INC - ACE ICE Transportation Den Road Liquor Store 208690 97 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 209036 96 SHRED-IT Waste Disposal City Center Operations 209265 95 ZEP MANUFACTURING CO Equipment Parts Fleet Operating 208741 94 LINDAHL, DAVID Mileage & Parking Economic Development 208677 94 CONNEY SAFETY PRODUCTS Office Supplies Customer Service 209141 94 GLUMACK, PATRICIA Accounts Receivable Community Center Admin 209119 93 CONCRETE CUTTING & CORING INC Equipment Repair & Maint Sewer Capital 208572 93 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 208980 92 MENARDS Supplies - Electrical Park Shelters 208992 92 MORAN USA, LLC Transportation Den Road Liquor Store 209097 92 ARNDT, DALE Small Tools Fleet Operating 208547 90 NUCO2 INC Supplies - Pool Pool Maintenance 209228 90 SHRED-IT Waste Disposal City Center Operations 208814 88 TOM'S WINDOW CLEANING Janitor Service - General Bldg Den Road Building 209139 83 FEDEX Postage Human Resources Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208556 83 PETSMART Canine Supplies Police 209145 83 GRAND PERE WINES INC Transportation Den Road Liquor Store 208778 83 PINNACLE DISTRIBUTING Misc Taxable Prairie View Liquor Store 209211 82 PETSMART Canine Supplies Police 208651 81 AT&T MOBILITY Pager & Cell Phone Water System Maintenance 208521 80 MIAMA Conference Expense Facilities Staff 208517 78 MENARDS Operating Supplies Traffic Signals 208509 78 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 208972 78 LIFT BRIDGE BREWERY Beer Prairie Village Liquor Store 209142 78 GONZALEZ, JENNIFER Accounts Receivable Community Center Admin 208504 77 KRAEMERS HARDWARE INC Operating Supplies Park Maintenance 208584 76 SHAMROCK GROUP, INC - ACE ICE Transportation Prairie Village Liquor Store 208414 76 BACHMANS CREDIT DEPT Deposits Escrow 208922 75 FORCE AMERICA Equipment Parts Fleet Operating 208688 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Council 208722 75 HURKADLI, MONA Refunds Environmental Education 208933 75 GRAND PERE WINES INC Wine Imported Prairie Village Liquor Store 208990 75 MINNESOTA DEPARTMENT OF LABOR Licenses & Taxes City Hall - CAM 209130 75 DONALD SALVERDA & ASSOCIATES Conference Expense Community Development Admin. 208923 73 G & K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 209252 71 WEIGEL, CHRISTY Mileage & Parking Police 208597 71 STEINER, SHARON Operating Supplies Senior Center Programs 208760 70 MPPOA Dues & Subscriptions Police 208865 69 ADAMS PEST CONTROL INC Other Contracted Services Prairie View Liquor Store 208454 69 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store 209149 69 HAHN, MICHAEL J Other Contracted Services Softball 209063 66 ULINE Operating Supplies Police 208664 65 BOLD, PAULINE Instructor Service Outdoor Center 208745 65 MAMA Dues & Subscriptions Administration 208883 65 BOLD, PAULINE Instructor Service Outdoor Center 208661 64 BLOOMINGTON SECURITY SOLUTIONS Supplies - Electrical City Hall - CAM 208724 64 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 208850 64 FSH COMMUNICATIONS LLC Telephone Round Lake 208951 64 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 209042 62 SPRINT Telephone Engineering 208550 60 OLSON, GLENN Deposits Community Center Admin 208586 60 SHAW, LISA Deposits Community Center Admin 208449 60 EARL F ANDERSEN INC Signs Traffic Signs 208812 58 TIGER CORPORATION Equipment Parts Fleet Operating 209116 56 COMCAST Dues & Subscriptions City Council 209253 56 WELTER, PAUL Accounts Receivable Community Center Admin 208598 56 STREICHERS Clothing & Uniforms Police 208943 56 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 208825 54 VIKING ELECTRIC SUPPLY Supplies - Electrical Fire Station #4 208693 54 FEDEX Contract Svcs - Plumbing City Hall - CAM 209053 54 SULLIVAN, SHAUN Supplies - General Building City Center Operations 208699 53 GINA MARIAS INC Operating Supplies Reserves 208632 53 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Operating 208733 53 KOCOUREK, JOAN Clothing & Uniforms Police 209229 53 SMITH, BERNT A Inspection Fee Housing Inspections Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208954 51 J H LARSON COMPANY Supplies - Electrical City Hall - CAM 4202 50 GENESIS EMPLOYEE BENEFITS, INC HRA Health and Benefits 208420 50 BOLD, PAULINE Instructor Service Outdoor Center 208501 50 KIKUCHI-RECH, YURIKO Refunds Environmental Education 208588 50 SIES-MANDEL, EMILY Instructor Service Arts Center 208608 50 VENELL, EMILY Refunds Environmental Education 208788 50 RECH, PETER Refunds Environmental Education 208801 50 STAR BANK Building Rental Improvement Projects 2006 208802 50 STORES, SETH Refunds Environmental Education 208927 50 GEHERIN, PETE Refunds Environmental Education 209200 50 MYHRE, SCOTT Refunds Environmental Education 209176 50 KRAEMERS HARDWARE INC Supplies - General Bldg Fitness/Conference - Cmty Ctr 209266 50 ZIEGLER INC Equipment Repair & Maint Sewer System Maintenance 208568 48 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police 209083 48 ZIEGLER INC Equipment Parts Fleet Operating 209238 48 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 208475 47 HEFFERAN, CINDI Operating Supplies Day Care 208946 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering 209194 46 MINNESOTA POLLUTION CONTROL AG Tuition Reimbursement/School Water Treatment Plant 209046 45 STANLEY SECURITY SOLUTIONS INC Supplies - Security City Center Operations 208965 45 KOVALA, CAROL Accounts Receivable Community Center Admin 208505 44 KUSTOM SIGNALS INC Equipment Repair & Maint Police 208696 43 FRANKLIN, WOODROW G Operating Supplies Reserves 208781 42 PRIORITY COURIER EXPERTS Equipment Repair & Maint Fleet Operating 208900 42 CUB FOODS EDEN PRAIRIE Operating Supplies Police 208487 40 JD EXCAVATING INC Plumbing Permits General Fund 208506 40 KUSTRITZ, SHARON Deposits Community Center Admin 208566 40 RAHIMI, RENEE Deposits Community Center Admin 208567 40 RAMOLAE, BEVERLY Deposits Community Center Admin 208571 40 RICHFIELD, CITY OF Autos Police 208770 40 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Police 208948 40 HICKMAN, JON Instructor Service Outdoor Center 208697 40 G & K SERVICES Clothing & Uniforms Street Maintenance 208650 40 ARNDT, DALE Small Tools Fleet Operating 209241 40 TACTICAL RIVER LLC Clothing & Uniforms Police 209052 39 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 209004 38 PAPER DIRECT INC Office Supplies Customer Service 208640 37 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Street Maintenance 208903 37 DIRECTV Operating Supplies Police 208931 37 GRAFIX SHOPPE Equipment Parts Fleet Operating 208779 36 PLAYPOWER LT FARMINGTON INC Repair & Maint. Supplies Hidden Ponds Park 208407 36 AMERICAN RED CROSS Licenses, Permits, Fees Pool Lessons 208953 36 IND SCHOOL DIST 272 Operating Supplies Police 209193 35 MINNESOTA DEPT OF HEALTH Licenses & Taxes Concessions 209192 35 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 209135 34 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 208434 33 CROWN MARKING INC Operating Supplies City Clerk 209051 33 STRONER, ELIZABETH Special Event Fees Senior Board 208659 33 BIERBAUM, STEVEN Accounts Receivable Community Center Admin 209208 32 PAPER DIRECT INC Employee Award Organizational Services Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208581 28 SCHUG, DIANA Accounts Receivable Community Center Admin 209279 27 UPS Equipment Repair & Maint Public Safety Communications 208422 26 BOYER TRUCKS Equipment Parts Fleet Operating 208514 25 MANNES, CRYSTAL Refunds Environmental Education 208833 25 WHEELER LUMBER LLC Building Materials Street Maintenance 208853 25 HENNEPIN COUNTY TREASURER Conference Expense Human Resources 208914 25 FASTENAL COMPANY Operating Supplies Traffic Signals 209100 22 AT&T MOBILITY Pager & Cell Phone Park Maintenance 208618 21 WHEELER LUMBER LLC Operating Supplies Traffic Signs 208413 20 AXEL, RICHARD Deposits Community Center Admin 208424 20 BURQUEST, DONNA M Deposits Community Center Admin 208425 20 BURTON, HEATHER Deposits Community Center Admin 208446 20 DOWNING, PAUL Deposits Community Center Admin 208452 20 ERICKSON, TERRY Deposits Community Center Admin 208460 20 FOSS, SCOT Deposits Community Center Admin 208464 20 GOLDEN, ADELE Deposits Community Center Admin 208472 20 HANISCH, RYAN Deposits Community Center Admin 208477 20 HENDRICKS, MARK Deposits Community Center Admin 208496 20 KALIHER, SANDRA Deposits Community Center Admin 208502 20 KNOLL, JOY Deposits Community Center Admin 208510 20 LIU, HOWARD Deposits Community Center Admin 208536 20 MORGAN, JAMES Deposits Community Center Admin 208553 20 PENNINGTON, MICHELE Deposits Community Center Admin 208574 20 RONHOVDE, JOHN Deposits Community Center Admin 208579 20 SCHAFER, HENRY Deposits Community Center Admin 208580 20 SCHEIBE, DENISE Deposits Community Center Admin 208594 20 ST. MARY, BRIAN Deposits Community Center Admin 208611 20 VOLLMER, MICHAEL Deposits Community Center Admin 208612 20 VONARX, PETER Deposits Community Center Admin 208617 20 WEISENBURGER, AARON Deposits Community Center Admin 208619 20 WILKINSON, SUSAN Deposits Community Center Admin 208637 20 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 208874 20 ASSOCIATION OF RECYCLING MANAG Conference Expense Recycle Rebate 209028 20 RICHFIELD, CITY OF Autos Fire 209282 20 RICHFIELD, CITY OF Autos Police 208794 20 SNAP-ON TOOLS Small Tools Fleet Operating 209165 19 J H LARSON COMPANY Operating Supplies Den Road Liquor Store 209016 18 PRINTERS SERVICE INC Repair & Maint - Ice Rink Ice Arena Maintenance 208499 17 KEY, CHARLOTTE Accounts Receivable Community Center Admin 208789 16 REITER, LAURI Accounts Receivable Community Center Admin 208669 15 CAHILL, DOROTHY Accounts Receivable Community Center Admin 208692 15 FASTSIGNS Operating Supplies Ice Rink #1 208706 15 GRAYBAR Other Hardware IT Operating 209059 13 TIGER CORPORATION Equipment Parts Fleet Operating 209175 13 KOVALA, CAROL Accounts Receivable Community Center Admin 208858 11 RICHFIELD, CITY OF Licenses & Taxes Fleet Operating 209209 11 PARK JEEP INC Equipment Parts Fleet Operating 209037 10 SNAP-ON TOOLS Small Tools Fleet Operating 208832 10 WEIGEL, CLARENCE Accounts Receivable Community Center Admin 208991 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods Check #Amount Vendor / Explanation Account Description Business Unit Explanation 208534 9 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 208843 9 WURSCHER, STACY Accounts Receivable Community Center Admin 209112 7 CATCO PARTS SERVICE Equipment Parts Fleet Operating 208660 7 BJORNSTAD, DAWN Accounts Receivable Community Center Admin 208835 7 WILLIAMS, GORDON Accounts Receivable Community Center Admin 209255 7 WILLIAMS, GORDON Accounts Receivable Community Center Admin 208638 6 STATE OF MINNESOTA Licenses & Taxes Fleet Operating 208473 5 HARRISON, KAREN Accounts Receivable Community Center Admin 208908 2 EDEN PRAIRIE WINLECTRIC Operating Supplies Traffic Signals 3,892,182 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/20/2011 Payment Amount Explanation Vendor Account Description Business Unit 71 US-Ear Covers-Headset DISCOUNT TWO-WAY RADIO Equipment Repair & Maint Sewer System Maintenance 19 US-Hand Held Radios UPS STORE, THE Postage Sewer System Maintenance -20 US-Refund FASTENAL COMPANY Equipment Parts Water System Maintenance 20 US-Early pmt discount FASTENAL COMPANY Equipment Parts Water System Maintenance 20 US-Hydrant Parts FASTENAL COMPANY Equipment Parts Water System Maintenance 20 US-Picnic Tables MENARDS Repair & Maint. Supplies Park Maintenance 31 US-Picnic MENARDS Repair & Maint. Supplies Park Maintenance 30 US-Picnic Tables FASTENAL COMPANY Repair & Maint. Supplies Park Maintenance 43 US-Picnic MENARDS Repair & Maint. Supplies Park Maintenance 90 US-DOT Inspector Cert DAKOTA COUNTY TECHNICAL COLLEG Conference Expense Engineering -1 US-Tax Credit NEXT DAY GOURMET Deposits Escrow 108 US-Woodshop Supplies MENARDS Equipment Repair & Maint Senior Center Admin 6 US-Woodshop Supplies HOME DEPOT, THE Equipment Repair & Maint Senior Center Admin 24 US-St Patricks Lunch CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 16 US-Sr Ctr Decorations PARTY CITY Operating Supplies Senior Board 4 US-Drivers Safety Supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 498 US-St Patricks Lunch JASON'S DELI Special Event Fees Senior Center Programs 31 US-Bingo Supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 19 US-Quilt Supplies MILL END TEXTILES Operating Supplies Senior Board 199 US-Red hat PJ Party DELI DOUBLE Special Event Fees Red Hat 28 US-Gardening Class supplies WALMART COMMUNITY Operating Supplies Senior Center Programs 12 US-Garden Class supplies DOLLAR TREE STORES, INC.Operating Supplies Senior Center Programs -16 US-Refund WALMART COMMUNITY Operating Supplies Senior Center Programs 21 US-Garden Class WALMART COMMUNITY Operating Supplies Senior Center Programs 240 US-Red Hat Trip PARK SQUARE THEATRE Operating Supplies Red Hat 600 US-Tickets SCIENCE MUSEUM OF MINNESOTA Special Event Fees Trips 9 US-Shop Supplies MENARDS Operating Supplies Park Maintenance 25 US-Grill Benches MENARDS Building Materials Improvement Projects 2006 17 US-Ballfields MENARDS Operating Supplies Park Maintenance 36 US-Grill Benches in Plaza HOME DEPOT CREDIT SERVICES Building Materials Improvement Projects 2006 71 US-Forklift Gas FERRELLGAS Repair & Maint. Supplies Utility Operations - General 90 US-Heat Shrink Wire Tube NAPA AUTO PARTS Repair & Maint. Supplies Sewer System Maintenance 28 US-Map Room pipes MENARDS Repair & Maint. Supplies Sewer System Maintenance -175 US-Conference Refund MINNESOTA RURAL WATER ASSOCIAT Conference Expense Utility Operations - General 280 US-Safety Training HIGHWAY TECHNOLOGIES Instructor Service Utility Operations - General 11 US-Forks for Shop kitchen TARGET Repair & Maint. Supplies Utility Operations - General 120 US-Aerator Rpr, Red Rock L AERATION INDUSTRIES INTERNATIO Equipment Repair & Maint Park Maintenance 4 US-Aquatics Recert.BURGER KING Conference Expense Park Maintenance 42 US-Supplies for clean up MENARDS Operating Supplies Park Maintenance 42 US-Business Meeting PANERA BREAD Operating Supplies Fire 860 US-Firefighter Recertification MINNESOTA FIRE SERVICE CERTIFI Employment Support Test Fire 166 US-Inspections Conference HOLIDAY INN OF ST. CLOUD Conference Expense Fire 166 US-Inspections Conference HOLIDAY INN OF ST. CLOUD Conference Expense Fire 706 US-Poly-Fire Dept MENARDS Operating Supplies Emergency Preparedness 69 US-Wash Bay MENARDS Repair & Maint. Supplies Utility Operations - General 300 US-Dues & Subscription AMERICAN PLANNING ASSN Dues & Subscriptions Planning 38 US-Conference-Scott Kipp SENSIBLE LAND USE COALITION Conference Expense Planning 38 US-Conference-R. Herron SENSIBLE LAND USE COALITION Conference Expense Planning 40 US-HTCIA Member renewal HTCIA Dues & Subscriptions Police 360 US-Software license Renewal PARABEN CORPORATION Miscellaneous IT Operating 40 US-HTCIA Member renewal HTCIA Dues & Subscriptions Police 260 US-HTCIA Conference PAYPAL INC Tuition Reimbursement/School Police 12 US-Pesticide school parking UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 12 US-Pesticide school parking UNIVERSITY OF MINNESOTA Conference Expense Park Maintenance 13 US-Presentation Supplies AMAZON.COM Office Supplies Park Maintenance 332 US-Cord, Plugs, Tie Downs HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 94 US-Utility Pump HOME DEPOT CREDIT SERVICES Equipment Parts Fleet Operating 344 US-Battery Charger, scrubber CHARGING CHARGERS Equipment Parts Water Treatment Plant 328 US-Hand Tools SEARS EDEN PRAIRIE Small Tools Water Treatment Plant 375 US-Parts-Fleer Scrubber BUCKEYE CLN CT MINNEAPOLIS Equipment Parts Water Treatment Plant 184 US-Air Oil Operator NORTHERN TOOL & EQUIPMENT Small Tools Water Treatment Plant 40 US-Floor Drain Covers HARD TO FIND ITEMS Equipment Parts Water Treatment Plant 66 US-Art Center Meeting CAMPIELLO Miscellaneous Parks Administration 9 US-Cord Reel for ballfields MENARDS Operating Supplies Park Maintenance 39 US-Batters Box MENARDS Operating Supplies Park Maintenance 14 US-Batters Box MENARDS Operating Supplies Park Maintenance 5 US-TOD Mtg, Regina, Janet MPLSPARKING.COM Mileage & Parking Community Development Admin. 20 US-LRT Meeting ALLIED PARKING Mileage & Parking Community Development Admin. 28 US-Picnic tables, Miller Park MENARDS Operating Supplies Park Maintenance 32 US-Husky Chainsaw Parts MILLS FLEET FARM Equipment Parts Park Maintenance 11 US-Volleyball Nets MENARDS Operating Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 264 US-Public Works Director AD APWA Employment Advertising Organizational Services 88 US-#1 Plaque MINNESOTA TROPHIES & GIFTS Printing Communications 1,447 US-Feb Bldg Surcharge DEPT OF LABOR & INDUSTRY Building Surcharge General Fund 506 US-Feb Bldg Surcharge DEPT OF LABOR & INDUSTRY Mechanical Surcharge General Fund 545 US-Feb Bldg Surcharge DEPT OF LABOR & INDUSTRY Plumbing Surcharge General Fund -50 US-Feb Bldg Surcharge DEPT OF LABOR & INDUSTRY Other Revenue General Fund 20 US-E-Permit Web Security PAYPAL INC Equipment Repair & Maint IT Operating 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations - General 40 US-UB Online Processing PAYPAL INC Bank and Service Charges Utility Operations - General 200 US-Subscription SURVEYMONKEY.COM Dues & Subscriptions Organizational Services 13 US-Paco Underhill paperback AMAZON.COM Training Supplies Prairie View Liquor Store 53 US-Café Food RAINBOW FOODS INC.Merchandise for Resale Concessions 232 US-Café Food KERNEL CONCESSION SUPPLY Merchandise for Resale Concessions 128 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 55 US-Café Food TARGET Merchandise for Resale Concessions 85 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 368 US-Ice Show Audio Rental EMI REPAIRS Other Rentals Ice Show 30 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 18 US-Café Food FRESH SEASONS MARKET Merchandise for Resale Concessions 11 US-Rink Lighting HOME DEPOT CREDIT SERVICES Operating Supplies Ice Rink #1 26 US-Café Food RAINBOW FOODS INC.Merchandise for Resale Concessions -75 US-Ice Show Audio Rental EMI REPAIRS Other Rentals Ice Show 216 US-Ice Show Audio Rental EMI REPAIRS Other Rentals Ice Show 22 US-Café Food CRUMB GOURMET DELI Merchandise for Resale Concessions 76 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 120 US-Café Food RAINBOW FOODS INC.Merchandise for Resale Concessions 58 US-Café Food WALMART COMMUNITY Merchandise for Resale Concessions 17 US-2" Swiv Gry Whl Plt MENARDS Repair & Maint. Supplies Water Distribution 56 US-Metal MENARDS Repair & Maint. Supplies Water Distribution 453 US-Hydrant Trailer NORTHERN TOOL & EQUIPMENT Equipment Parts Water Distribution 34 US-Bolts to Restock FASTENAL COMPANY Repair & Maint. Supplies Sewer Utility - General 6 US-Parking UNIVERSITY OF MINNESOTA Mileage & Parking Economic Development 6 US-Parking UNIVERSITY OF MINNESOTA Mileage & Parking Economic Development 9 US-Mtg w/Khami Sahebjan JJ'S COFFEE COMPANY & WINE BAR Other Contracted Services Economic Development 25 US-Subscription MSP COMMUNICATIONS Dues & Subscriptions Economic Development 8 US-Parking LRT Mtg FIRST NATIONAL BANK Mileage & Parking Economic Development 233 US-supplies BEST BUY Operating Supplies Fire 55 US-Sunshine Fund, Nevada BACHMANS CREDIT DEPT Deposits Escrow 38 US-Luncheor Seminar, Dietz SENSIBLE LAND USE COALITION Miscellaneous Engineering 60 US-Sunshine Fund, Beth K.BACHMANS CREDIT DEPT Deposits Escrow 18 US-Water for Council Mtg RAINBOW FOODS INC.Miscellaneous City Council 50 US-Sunshine Fund, Sinell BACHMANS CREDIT DEPT Deposits Escrow 219 US-Council Workshop BAKERS' RIBS Miscellaneous City Council 165 US-Gregoire Retirement HALLMARK INSIGHTS Employee Award Organizational Services 4 US-Reimbursement RAINBOW FOODS INC.Deposits Escrow 19 US-City Mgr Welcome Mtg BRUEGGERS BAGEL Miscellaneous Administration 4 US-Wire Splice MENARDS Repair & Maint. Supplies Storm Drainage 24 US-Flasitors Repairs MENARDS Repair & Maint. Supplies Storm Drainage 17 US-Toilet Parts-Shop MENARDS Equipment Parts Sewer System Maintenance 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 5 US-Partnership Breakfast EDEN PRAIRIE SCHOOL Conference Expense Recreation Admin 11 US-Digital Camera WOLF CAMERA Operating Supplies Recreation Admin 16 US-Work Space Discussion JJ'S COFFEE COMPANY & WINE BAR Miscellaneous Recreation Admin 82 US-Trailer Hydrant Supplies MENARDS Repair & Maint. Supplies Water System Maintenance 41 US-Shop Supplies FASTENAL COMPANY Repair & Maint. Supplies Sewer Utility - General 33 US-Shop Supplies MENARDS Repair & Maint. Supplies Water System Maintenance 5 US-Shop Supplies HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Water System Maintenance 276 US-Tools Signals NORTHERN TOOL & EQUIPMENT Small Tools Traffic Signals 6 US-Aluminum-Hood Repair HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 39 US-Forklift Training Lunch GINA MARIAS INC Tuition Reimbursement/School Utility Operations - General 52 US-Forklift Training Lunch GINA MARIAS INC Tuition Reimbursement/School Utility Operations - General 52 US-Forklift Training Lunch GINA MARIAS INC Tuition Reimbursement/School Utility Operations - General 13 US-MCFOA Conference GREEN MILL Conference Expense City Clerk 191 US-MCFOA Conference BEST WESTERN KELLY INN, THE Conference Expense City Clerk 22 US-Hydrant Truck Tools MENARDS Small Tools Water System Maintenance 339 US-Pump Hoses ABLE HOSE & RUBBER INC Equipment Parts Storm Drainage 265 US-Permit Flying Cloud Flds HENNEPIN COUNTY PUBLIC WORKS-F Improvements to Land Parks Referendum 10 US-Lunch Room Supplies MENARDS Office Supplies Park Maintenance Amount Explanation Vendor Account Description Business Unit 19 US-Elec reel for aerators MENARDS Operating Supplies Park Maintenance 63 US-Elec reel for aerators HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 5 US-Maint trimmer grease MENARDS Equipment Repair & Maint Park Maintenance 60 US-Explorer Banquet NORTHERN STAR COUNCIL Operating Supplies Reserves 4 US-Truck Sander HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 200 US-Ignition Control FERGUSON ENTERPRISES #1657 Repair & Maint. Supplies City Hall - CAM 90 US-PL Supplies WATER HEATERS ONLY LLC Repair & Maint. Supplies Dunn Brothers 204 US-Scaffold NORTHERN TOOL & EQUIPMENT Operating Supplies City Hall - CAM 16 US-Storage Boxes, Art Ctr TARGET Operating Supplies Arts Center 11 US-B-day Party Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 39 US-Art Supplies DELPHI Operating Supplies General Fund 33 US-Monthly Service Fee VOLGISTICS Other Contracted Services Recreation Admin 9 US-Kids Art Supplies DOLLAR TREE STORES, INC.Operating Supplies Arts Center 47 US-Clay for B-Day Parties MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 13 US-Foamboard for Art Ctr MICHAELS - THE ARTS & CRAFTS S Operating Supplies Arts Center 100 US-Comm. Theatre Website WEBS.COM Advertising Summer Theatre -19 US-Credit UPS STORE, THE Deposits Escrow 31 US-Bday Party Cake DAIRY QUEEN Operating Supplies Birthday Parties 14 US-Training Meeting BRUEGGERS BAGEL Training Supplies Community Center Admin 123 US-Playcare Craft Supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 144 US-Table Cloth for Party S&S WORLDWIDE Operating Supplies Birthday Parties 64 US-Gym Activities S&S WORLDWIDE Recreation Supplies Day Care 33 US-Team Training EDEN PRAIRIE COMMUNITY CENTER Training Supplies Community Center Admin 45 US-Supplies, cust. Support OFFICE DEPOT CREDIT PLAN Operating Supplies Special Events (CC) 128 US-Bday party Supplies MICHAELS - THE ARTS & CRAFTS S Operating Supplies Birthday Parties 66 US-Candy for day w/bunny TARGET Operating Supplies Special Events (CC) 257 US-Supplies for day w/bunny RHODE ISLAND NOVELTY Operating Supplies General Fund 106 US-Shop Vac for Wash Bay HOME DEPOT CREDIT SERVICES Small Tools Fleet Operating 36 US-Tools, playground truck MENARDS Small Tools Park Maintenance 35 US-Critter food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 6 US-Critter food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 32 US-Critter food-Outdoor Ctr PETCO Operating Supplies Outdoor Center 37 US-Lunch Meeting REDSTONE AMERICAN GRILL INC Miscellaneous City Council 127 US-Bingo Prizes DOLLAR TREE STORES, INC.Operating Supplies CC-Special Events & Trips 54 US-Bingo Prizes WALGREEN'S #5080 Operating Supplies CC-Special Events & Trips 432 US-Globetrotters TICKETMASTER Special Event Fees Special Events & Trips 325 US-Supplies for Classes S&S WORLDWIDE Operating Supplies Youth Programs Admin 110 US-Around Town Program AMC (EDEN PRAIRIE)Special Event Fees Around Town 21 US-Supplies-dance program CUB FOODS EDEN PRAIRIE Operating Supplies CC-Leisure Education 56 US-Sat. night out program BRUNSWICK BOWLING LANES Special Event Fees Saturday Night Out 55 US-Front Desk Supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 160 US-Rescue Tube Repairs LIFEGUARD STORE INC, THE Operating Supplies Oak Point Operations 201 US-Batteries FULL SOURCE LLC Operating Supplies General Fund 1 US-Training Membership DEEP BREATH IN LLC Training Supplies Fitness Classes 287 US-Exercise Tubes GAIAM Operating Supplies Fitness Classes 144 US-Training Membership DEEP BREATH IN LLC Training Supplies Fitness Classes 250 US-Boby Pump License SCW FITNESS Licenses, Permits, Taxes Fitness Classes 13 US-Easter Event Supplies TARGET CENTER Operating Supplies Special Events (CC) 8 US-Easter Event Supplies TARGET CENTER Operating Supplies Special Events (CC) 60 US-Easter Supplies DOLLAR TREE STORES, INC.Operating Supplies Special Events (CC) 28 US-Training Supplies PANERA BREAD Training Supplies Police 25 US-Training Class PATC Tuition Reimbursement/School Police 486 US-Training Conference HYATT HOTELS Tuition Reimbursement/School Police 50 US-Career Fair NONPROFIT SOLUTIONS Tuition Reimbursement/School Police 100 US-Training-Bob Barli ASSOCIATION OF TRAINING OFFICE Tuition Reimbursement/School Police 16 US-Training Supplies GANDER MOUNTAIN Training Supplies Police 100 US-Training CENTRELEARNING Tuition Reimbursement/School Police 315 US-New World Conference SAN ANTONIO AIRPORT Miscellaneous CIP - Bonds 309 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 309 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 309 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 309 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 309 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 20 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 20 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 20 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 20 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 20 US-New World Conference DELTA AIR Miscellaneous CIP - Bonds 279 US-IT mgmt tool IT BUSINESS EDGE Other Contracted Services IT Operating 69 US-Conf Call Software WEBEX COMMUNICATIONS Computers IT Operating 19 US-Cables for Jay AMAZON.COM Miscellaneous Cummins Grill 64 US-Mount for jay AMAZON.COM Miscellaneous Cummins Grill 64 US-Mount for Wendy AMAZON.COM Computers Conference Rooms 798 US-TV for Jay AMAZON.COM Miscellaneous Cummins Grill 14 US-Cables for Jay AMAZON.COM Miscellaneous Cummins Grill Amount Explanation Vendor Account Description Business Unit 87 US-Mount for IT AMAZON.COM Computers IT Operating 51 US-Cables for Jay AMAZON.COM Miscellaneous Cummins Grill 751 US-Mike's Mac Dev Machine BEST BUY Other Assets CIP - Bonds 129 US-Paint for Lockers HIRSHFIELD'S Repair & Maint. Supplies Utility Operations - General 18 US-Shop Supplies O'REILLY AUTOMOTIVE INC Repair & Maint. Supplies Sewer System Maintenance 129 US-Paint for Lockers HIRSHFIELD'S Repair & Maint. Supplies Utility Operations - General 17 US-Flushing Supplies MENARDS Repair & Maint. Supplies Water System Maintenance 83 US-Office Supplies OFFICE DEPOT CREDIT PLAN Office Supplies Sewer System Maintenance 177 US-Gloves OLSEN CHAIN & CABLE Safety Supplies Sewer System Maintenance 114 US-Work Gloves OLSEN CHAIN & CABLE Safety Supplies Sewer System Maintenance 24 US-Lift Station Locks MENARDS Repair & Maint. Supplies Sewer Liftstation 25,275 Report Total CITY COUNCIL AGENDA SECTION: Appointments DATE: June 14, 2011 DEPARTMENT: Rick Getschow, City Manager ITEM DESCRIPTION: Student on Commissions Appointments for the 2011-2012 School Year ITEM NO.: XIII.A. Requested Action: Move to: • Appoint to the Arts & Culture Commission: Jamie Bernard for the Fall term; and Nafisa Mahamud and Roseann Awad for the Fall and Spring terms; and • Appoint to the Budget Advisory Commission: Charles Adams for the Fall and Spring terms; and • Appoint to the Conservation Commission: Kelly Hallowell for the Fall term; Yasmin Atef-Vahid for the Spring term; and McKenna Campbell-Potter and Rebecca Ebert for the Fall and Spring terms; and • Appoint to the Flying Cloud Airport Advisory Commission: Kevin Gadel and John Bowman for the Fall and Spring terms; and • Appoint to the Heritage Preservation Commission: Metadel Lee for the Spring term and Ian English for the Fall and Spring terms; and • Appoint to the Human Rights and Diversity Commission: Ramla Mahamud and Camrie Vlasek for the Fall and Spring terms; and • Appoint to the Parks, Recreation, and Natural Resources Commission: Joseph Schmit for the Fall term; and Katie Ostendorf and Liz Powell for the Fall and Spring terms. Synopsis: We received 17 applications for the 2011-2012 Students on Commission program. Commission Staff Liaisons met to review and discuss the applications. The attached appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications. All 17 student applicants are being recommended for appointment. The Fall Students on Commission term is from September through December 2011. The Spring term is from January 2012 through April 2012. An orientation session will be held during the late summer. Background Information: In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program. CITY COUNCIL AGENDA SECTION: Reports of the Parks Director DATE: June 14, 2011 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Eden Prairie Soccer Club Donation ITEM NO.: XIV.D.1. Motion Move to: Accept the donation from the Eden Prairie Soccer Club in the amount of $4,000 to fund a new set of soccer goals and new soccer nets at Miller Park. Synopsis The Eden Prairie Soccer Club is donating $4,000 to fund one set of soccer goals and two pair of soccer nets to be used on fields 12 and 13 at Miller Park. Background The Eden Prairie Soccer Club offers a competitive youth soccer program that includes travel leagues for youth ages 7 and up. They offer play in the spring and fall, including a winter indoor training program. The Eden Prairie Soccer Club serves over 900 players throughout the year. On July 8 -10, 2011, the Eden Prairie Soccer Club will host the Eden Prairie Cup at Miller Park. This soccer tournament consists of 30 brackets featuring teams from 7 states and several foreign countries. CITY COUNCIL AGENDA SECTION: Proclamations & Presentations DATE: June 14, 2011 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Friends of the Eden Prairie Art Center Donation ITEM NO.: XIV.D.2. Motion Move to: Accept the donation from the Friends of the Eden Prairie Art Center in the amount of $10,368.10 to fund capital purchase items for new arts programming at the Eden Prairie Art Center. Synopsis On May 12, 2011 the City of Eden Prairie received a letter from the Friends of the Eden Prairie Art Center informing us that we would be receiving a donation for over $10,000 for capital purchase items to go towards new arts programming opportunities at the Art Center. In addition, the Friends of the Eden Prairie Art Center have made the decision to discontinue fundraising for the Eden Prairie Art Center, after successfully raising funds over the past two years through various fundraising events including the following: • Printmaking and Pinwheels at the Community Center • Middle School Art Night at CMS • “Putting it all Together” event in the Garden Room • Jewelry event at Aurora Jewelers • Wine Tasting event in Chanhassen • Art Crawl Sneak Peak event at the Flagship Salon • Jewelry-making event at the Art Center Background The Eden Prairie Art Center has been extremely fortunate to have such a dedicated group of fundraisers, volunteering their time and effort over the past two years to raise funds for the Art Center. The Friends of the Eden Prairie Art Center have dedicated a lot of time and effort towards raising money for building renovation costs, equipment for the art studios, art supplies and operating costs. The Eden Prairie Community Foundation has served as the fiscal agent for the Friends of the Eden Prairie Art Center the past two years and has now closed out this account. Attachments Letter and check from the Friends of the Eden Prairie Art Center Jay Lotthammer May 12,2011 Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Jay, With all beginnings, there will be endings. Both Ann and I have some news to share with you. After much deliberation, we have decided to end our commitment to the Friends of the Eden Prairie Art Center. The decision was not made lightly. Throughout this experience, we had moments of joy, days of hard work, and some sleepless evenings. Given all that, we were most pleased to be a part of the effort to bring the center to life. The good news is that a donation for over $10,000 will be sent to the Art Center for capital purchases. We hope that you and your team are able to identify a new offering for the Art Center. We have chosen not to specifically earmark our donation. However, we very strongly encourage you to use this additional funding to add new programming to the center. Please let me know if you would like us to close and empty the bank account sitting under the umbrella of the EP Foundation. I can give them a directive if you have a preference. Perhaps the city would like it to remain open to receive any future unsolicited donations. Please let me know. We have had the website removed as it was managed by us and we had to pay a fee to operate it. Thank you Jay! Thank you Laurie! Thank you Lindseyl Thank you Brenda! SmcerelY, J A~ {)v?t<t .. shl y De1ai and Ann Rorem PAY TO THE ORDER OF EDEN PRAIRIE FOUNDATION 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 CITY OF EDEN PRAIRIE FLAGSHIP BANK MINNESOTA EDEN PRAIRIE, MN 55344 75-788-919 5/18/2011 $ **10,368.10 ! c: o i o ~ ~ Ten Thousand Three Hundred Sixty-Eight and 1 0/1 00******************************************************************* DOLLARS ~ , MEMO CITY OF EDEN PRAIRIE ATTN: JAY LOTTHAMMER 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 III 0 2 0 7 ... 5 III I: 0 9 l. 9 0 7 8 8 2 I: 2 5 III 2 7 8 0 III AUTHORIZED SIGNATURE EDEN PRAIRIE FOUNDATION 20745 CITY OF EDEN PRAIRIE 5/18/2011 To close out Friends of the Art Center account 10,368.10 Checking -Flagship B 10,368.10 ~ (J)