HomeMy WebLinkAboutCity Council - 12/06/2011 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,DECEMBER 6, 2011 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
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 Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop-Heritage Room II(5:30 p.m.)
I. ROUND LAKE PARK MASTER PLAN AND PARK UPDATES
Open Podium - Council Chamber(6:30 p.m.)
II. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,DECEMBER 6, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation
Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. RECOGNITION OF STUDENT ESSAY CONTEST WINNER
B. RECOGNITION OF HOME DEPOT CONTRIBUTIONS (Resolution)
C. ART CENTER DONATION (Resolution)
D. OBSERVATORY EQUIPMENT DONATION (Resolution)
E. GORDON WILLIAMS DONATION (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 15, 2011
B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 15, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.70 RELATING TO COMMERCIAL PUD IDENTIFICATION
SIGNS AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
CITY COUNCIL AGENDA
December 6, 2011
Page 2
C. AWARD CONTRACT FOR ENCORE LANDLORD WORK AT THE DEN
ROAD BUILDING TO PRESTIGE CONTRACTING
D. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED
E. APPROVE SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
F. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL
ASSESSMENTS FOR LOTS 1 THROUGH 9,BLOCK 1,WHISPERING RIDGE
G. APPROVE GRANT AGREEMENT AMENDMENT WITH METROPOLITAN
COUNCIL FOR THE RILEY CREEK MONITORING STATION
H. AWARD CONTRACT TO GREYSTONE CONSTRUCTION COMPANY FOR
STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE
FACILITY
I. APPROVE CHANGE ORDER NO. 2 FOR SINGLETREE LANE IMPROVEMENT
PROJECT
J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER AND
ASSOCIATES, LTD FOR THE ROUND LAKE PARK PHASE I
IMPROVEMENTS DESIGN AND CONSTRUCTION DOCUMENT SERVICES
IX. PUBLIC HEARINGS/MEETINGS
A. 2012 BUDGET
B. RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 10
C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR
ADMINISTRATION OF OFFICIAL CONTROLS
D. RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE CITY'S
SERVICES
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE
SECTION 5.36,RELATING TO RECYCLING
B. APPROVE 1ST READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.86 RELATING TO SURPLUS AND FOUND PROPERTY
CITY COUNCIL AGENDA
December 6, 2011
Page 3
C. APPROVE 2ND READING OF ORDINANCE UPDATING THE FEE
SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND
ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
XII. PETITIONS,REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Certifying the 2012 Property Tax Levy,Adopting the 2012
Budget, and Consenting and Approving the 2012 HRA Tax Levy
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Adopt Contract Between City of Eden Prairie, Hennepin County and
the Metropolitan Consortium of Community Developers (MCCDD) for
Delivery of the Open to Business Program
2. Dell Road Purchase Agreement
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: December 2, 2011
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, December 6, 2011
TUESDAY, DECEMBER 6, 2011 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE/COLOR GUARD
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you
wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by
noon of the meeting date with your name,phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager's Office.
HRA MEETING
I. ROLL CALL/CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 6, 2011
MOTION: Move to approve the minutes of the HRA meeting held on
September 6, 2011.
III. ADOPT RESOLUTION CERTIFYING THE 2012 HRA PROPERTY TAX LEVY TO
BE $200,000 AND APPROVING THE 2012 HRA BUDGET OF $200,000
Synopsis: On September 6, 2011, the HRA approved the proposed 2012 HRA property tax
levy and budget. Also on September 6, 2011, the Eden Prairie City Council adopted
resolutions consenting and approving the proposed 2012 HRA property tax levy. Minnesota
Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution
gives the consent needed for the HRA.
MOTION: Move to adopt resolution certifying the 2012 Property Tax levy to
be $200,000 and approving the 2012 Budget of $200,000 as reviewed by the
Council.
ANNOTATED AGENDA
December 6,2011
Page 2
IV. ADOPT RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX INCREMENT
FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10
Synopsis: The purpose of this Amendment No. 3 to the Amended Tax Increment Plan for
Tax Increment Financing District No. 10 (the TIF District) is to increase the total tax
increment revenues and expenditures of the District to provide for payment of previously
incurred and anticipated future public improvement costs within the District and Project
Area. The amendment makes no other modifications to the TIF District and does not result
in an increase in the geographic size of the TIF District. In addition, there is no additional
estimated fiscal and economic impact due to this amendment. TIF District No. 10 is a
housing district established within Prairie Village Redevelopment Project Area. The District
was established February 18, 1986 and later modified March 7, 1989 and administratively
July 18, 2006. The statutorily-required decertification date is December 31, 2012.
MOTION: Move to adopt Resolution approving Amendment No. 3 to the Tax
Increment Financing Plan for Tax Increment Financing District No. 10.
V. ADJOURNMENT
MOTION: Move to adjourn the HRA.
I COUNCIL MEETING
IV. PROCLAMATIONS/PRESENTATIONS
A. RECOGNITION OF STUDENT ESSAY CONTEST WINNER
Alexis Locsin is a middle school student at the International School.
Earlier this year she won a national essay contest sponsored by Teachers
Against Prejudice. Human Rights & Diversity Commission member
Robert Rozanski will present Alexis with a certificate of recognition for
her achievement.
B. RECOGNITION OF HOME DEPOT CONTRIBUTIONS (Resolution)
Synopsis: During the spring and summer of 2011, the Eden Prairie Home Depot
donated 300 bags of wood mulch. The mulch was placed by Home Depot employees
at the intersection of Prairie Center Drive and Singletree Lane and within Miller Park.
The wood mulch was used to enhance the landscaping feature at the road intersection
and replenish aging wood mulch in tree planters at Miller Park. Representatives from
Home Depot have been invited to attend the council meeting to be recognized for
their contribution and work effort. Those attending are:
• Jason Barker, Store Manager
• Ross Evenson, Department Head
• Craig Beebe, who organized and coordinated the mulch/chipping project
ANNOTATED AGENDA
December 6,2011
Page 3
MOTION: Move to adopt the Resolution accepting the donation of
mulch and recognize the efforts of the Eden Prairie Home Depot
employees.
C. ART CENTER DONATION (Resolution)
Synopsis: The Art Center facilitates programs for students ages two through adult; in
a variety of visual art mediums such as painting, drawing, fiber,pottery, metal
jewelry, fused glass and many more. Thanks to the ongoing generosity of the
Sampson family the City of Eden Prairie will be able to purchase a combination
pugmill and clay mixer for the pottery studio which will allow us to easily recycle
used clay. The purchase of this piece of equipment will reduce our supply cost for
various pottery programs, including birthday parties,youth classes and adult
workshops. We will now be able to reuse clay scraps that are currently discarded.
The pottery studio has eight pottery wheels, including one handicap accessible wheel,
an electric kiln and a gas kiln($3,000 donation from the Sampson family), a slab
roller, wedging table and tables for hand building and glazing. Pottery camps and
classes have become extremely popular; clay camps have seen significant increases in
participation over the past three years.
MOTION: Move to adopt the Resolution accepting the donation in the
amount of $5,000 from Elaine Sampson for the purchase of a
combination pugmill and clay mixer for the Eden Prairie Art Center.
D. OBSERVATORY EQUIPMENT DONATION (Resolution)
Synopsis: The Stoebner Foundation through the Eden Prairie Community
Foundation has offered to donate $29,523 for astronomy and electronic equipment
from AVI Systems. AVI Systems will install an integrated display and streaming
system for the observatory at the Eden Prairie Outdoor Center. The telescope at the
nature center will be outfitted with a telescope camera that will allow for the image
from the camera to be seen on a new local 32 inch outdoor display and on a new 55
inch LED display mounted inside the nature center.
The observatory will be outfitted with a wireless lapel microphone and auxiliary input
for mp3 players to be heard from four outdoor speakers and also sent to the streaming
recording system. The video signal and audio signal will also be distributed via a
CUBE encoder to Livestream. This will allow for the video and audio to be streamed
live and also be recorded for view on the interne via computers and mobile devices.
The video stream can be easily integrated into the City of Eden Prairie's website. A one
year subscription to Livestream is included in the scope of work to be completed by
AVI Systems.
MOTION: Move to adopt the Resolution accepting the gift of $29,523
from the Stoebner Foundation through the Eden Prairie Community
Foundation to purchase astronomy and electronic equipment from AVI
Systems.
ANNOTATED AGENDA
December 6,2011
Page 4
E. GORDON WILLIAMS DONATION (Resolution)
Synopsis: The Senior Center provides a wide variety of social, recreational and
educational opportunities for adults and seniors, including special events, educational
classes, trips and social activities. Gordon Williams serves on the Senior Center
Advisory Council. He is also an active Senior Center volunteer and participates in
various programs and activities, including trips and special events.
The State Farm Companies Foundation Good Neighbor Grant Program; Matching
Gift Program gives out matching monies, matching the amount of volunteer hours an
individual submits to their volunteer location. Gordon Williams submitted volunteer
hours to State Farm Companies in the amount that qualified his volunteer service
hours for the donation of$500 to be used towards the annual Senior Center volunteer
recognition event in April, 2012 as requested by Gordon Williams.
In 2010, 4,528 volunteer hours were served by local seniors at the Eden Prairie Senior
Center at a value of$94,408.80, based on $20.85 value for volunteer time (from
Independent Sector). Over 50 senior volunteers are recognized each spring at the
annual volunteer recognition event for their dedicated time and commitment to the
Senior Center programs, facilities and services.
MOTION: Move to adopt the Resolution accepting the donation in the
amount of $500 from State Farm Companies Foundation on behalf of
Gordon Williams for his volunteer service at the Eden Prairie Senior
Center to be used toward the 2012 Senior Center volunteer recognition
event.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 15, 2011
B. CITY COUNCIL MEETING HELD TUESDAY,NOVEMBER 15, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-J on the Consent Calendar.
A. CLERK'S LICENSE LIST
ANNOTATED AGENDA
December 6,2011
Page 5
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
SECTION 11.70 RELATING TO COMMERCIAL PUD IDENTIFICATION SIGNS
AND ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
C. AWARD CONTRACT FOR ENCORE LANDLORD WORK AT THE DEN
ROAD BUILDING TO PRESTIGE CONTRACTING
D. ADOPT RESOLUTION DECLARING PROPERTY AS ABANDONED
E. APPROVE SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
F. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS
FOR LOTS 1 THROUGH 9,BLOCK 1,WHISPERING RIDGE
G. APPROVE GRANT AGREEMENT AMENDMENT WITH METROPOLITAN
COUNCIL FOR THE RILEY CREEK MONITORING STATION
H. AWARD CONTRACT TO GREYSTONE CONSTRUCTION COMPANY FOR
STRUCTURAL STRENGTHENING OF THE SALT/SAND STORAGE
FACILITY
I. APPROVE CHANGE ORDER NO. 2 FOR SINGLETREE LANE IMPROVEMENT
PROJECT
J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUER AND
ASSOCIATES, LTD FOR THE ROUND LAKE PARK PHASE I IMPROVEMENTS
DESIGN AND CONSTRUCTION DOCUMENT SERVICES
IX. PUBLIC HEARINGS/MEETINGS
A. 2012 BUDGET
Synopsis: On September 6, 2011,the Eden Prairie City Council adopted a resolution
certifying the proposed 2012 City budget and property tax levy. Calculations for the
City showed the budget to be $41,466,168 and the certified levy to be $32,258,990.
The 2012 budget maintains City services with a budget increase of 3.9% in the
general fund and a total budget increase of 2.6%which includes the capital levy and
debt service payments. The general fund increase is actually 2.7% after the increase
in Parks and Recreation Revenue is taken into account. The tax levy is budgeted to
increase .9% or$282,398. This is an increase of$6.00 or .5% on median value home
of$326,800. According to state statute, the final levy amount must be certified to the
county auditor by December 28, 2011. City Council adoption of the final levy and
budget will complete this process. This public meeting is to provide an opportunity
for the public to comment on the 2012 proposed budget.
MOTION: Move to close the Public Meeting.
ANNOTATED AGENDA
December 6,2011
Page 6
B. RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 10
Official notice of this public hearing was published in the November 17, 2011,Eden
Prairie News.
Synopsis: The purpose of this Amendment No. 3 to the Amended Tax Increment
Plan for Tax Increment Financing District No. 10 (the TIF District) is to increase the
total tax increment revenues and expenditures of the District to provide for payment
of previously incurred and anticipated future public improvement costs within the
District and Project Area. The amendment makes no other modifications to the TIF
District and does not result in an increase in the geographic size of the TIF District.
In addition, there is no additional estimated fiscal and economic impact due to this
amendment.
TIF District No. 10 is a housing district established within Prairie Village
Redevelopment Project Area. The District was established February 18, 1986 and
later modified March 7, 1989 and administratively July 18, 2006. The statutorily-
required decertification date is December 31, 2012.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt Resolution approving Amendment No. 3 to the Tax Increment
Financing Plan for Tax Increment Financing District No. 10.
C. 1ST READING OF ORDINANCE UPDATING THE FEE SCHEDULE FOR
ADMINISTRATION OF OFFICIAL CONTROLS
Official notice of this public hearing was published in the November 17, 2011,Eden
Prairie News.
Synopsis: This Ordinance establishes a fee schedule for the City's costs in
administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd.
4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the
costs incurred by it in reviewing, investigating, and administering an application for an
amendment to an Official Control or other approval required under an Official Control.
Minnesota Statute defines an"Official Control" as ordinances or regulations which
control the physical development of a city and implement the general objectives of the
comprehensive plan. Official Controls may include ordinances establishing zoning,
subdivision controls, site plan regulations, sanitary codes, building codes and official
maps.
ANNOTATED AGENDA
December 6,2011
Page 7
'MOTION: Move to:
• Close the Public Hearing; and
• Approve 1st Reading of the Ordinance Updating the Fee Schedule
for Administration of Official Controls. III
D. RESOLUTION ESTABLISHING A FEE SCHEDULE FOR THE CITY'S
SERVICES
Official notice of this public hearing was published in the November 24, 2011, Eden
Prairie News.
Synopsis: This Resolution establishes a fee schedule for the City's services not
covered by ordinance.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the 2012 Fee resolution
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. APPROVE FIRST READING OF ORDINANCE AMENDING CITY CODE
SECTION 5.36,RELATING TO RECYCLING
Synopsis: The Hennepin County Board has adopted a new goal to reach a 45%
recycling rate by 2015 for curbside collection of recyclables from Hennepin County
residents. This amendment incorporates changes to address the new requirements
being adopted by the County and include following:
1. Updates to reflect changes in County requirements, including expanded plastics
collection and education requirements.
2. Miscellaneous issues that have arisen during day to day application of the
ordinance. These are generally what would be defined as housekeeping items.
MOTION: Move to approve First Reading of an Ordinance Amending
City Code Section 5.36 Relating to Licensing of Collectors of Solid,
Recyclable and/or Yard Waste.
B. APPROVE 1ST READING OF ORDINANCE AMENDING CITY CODE
SECTION 2.86 RELATING TO SURPLUS AND FOUND PROPERTY
Synopsis: The proposed change is to conform City practices with State law on the
sale of property and to add a specific process, also in conformance with State law,
when property is turned into the City by a third party. This change to the previous
ANNOTATED AGENDA
December 6,2011
Page 8
lower value thresholds of surplus property will result in timely efficient disposal of
surplus property. The City Attorney recommends the City follow the same process
for all City property. Previously there has not been a formal policy on found
property. The proposed policy follows State statute.
MOTION: Move to approve 1st Reading of the Ordinance amending City
Code Section 2.86 relating to surplus and found property, and adopting
by reference City Code Chapter 1 and Sections 2.99 which, among other
things, contain penalty provisions.
C. APPROVE 2ND READING OF ORDINANCE UPDATING THE FEE
SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS AND
ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
Synopsis: This Ordinance establishes a fee schedule for the City's costs in
administering Official Controls pursuant to Minnesota Statutes Section 462.353,
Subd. 4.
MOTION: Move to approve 2nd Reading of the Ordinance Updating the
Fee Schedule for Administration of Official Controls and adopt
Resolution approving Summary publication.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Certifying the 2012 Property Tax Levy,Adopting the 2012
Budget, and Consenting and Approving the 2012 HRA Tax Levy
Synopsis: On September 6, 2011, the Eden Prairie City Council adopted a
resolution certifying the proposed 2012 City budget and property tax levy.
Calculations for the City showed the budget to be $41,466,168 and the
certified levy to be $32,258,990 before fiscal disparities distribution. The net
tax levy after fiscal disparities distribution of($1,673,150) is $30,585,840.
The 2012 proposed budget on September 6, 2011 maintains City services with
a budget increase of 3.9% in the general fund and a total budget increase of
2.6%which includes the capital levy and debt service payments. The tax levy
is budgeted to increase .9% or$282,398. According to state statute, the final
levy amount must be certified to the county auditor by December 28, 2011.
Cit Council adoption of the final le v and budget will complete this process.
ANNOTATED AGENDA
December 6,2011
Page 9
Move to:
• Adopt a resolution certifying the 2012 Property Tax levy to
be $ 32,258,990; and
• Approve the 2012 Budget of $41,466,168 as reviewed by
the Council; and
• Consent and approve the HRA tax levy and budget of
$200,000
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Adopt Contract Between City of Eden Prairie, Hennepin County and the
Metropolitan Consortium of Community Developers (MCCDD) for
Delivery of the Open to Business Program
Synopsis: On October 6, 2011 the City Council adopted a resolution
approving the City's participation in the Open to Business program. The fee
for one year of service is $10,000—with Hennepin County providing a
matching grant for one half of the total fee or$5,000 and the City providing
the other half through its Economic Development Fund. The attached
contracts detail the fiscal and performance responsibilities of each party.
MOTION: Move to approve contract between the City of Eden Prairie,
Hennepin County and the Metropolitan Consortium of Community
Developers (MCCD) for delivery of the Open to Business program.
2. Dell Road Purchase Agreement
Synopsis: The buyer, Blue Hill Solutions, LLC has submitted an offer to
purchase the 1.17 acre site for$450,000 for a New Horizon Daycare Center.
The sale is expected to close early next year provided all contingencies are
met the development proposal is approved by the City.
MOTION: Move to authorize the Mayor and City Manager to execute a
purchase agreement and other documents including but not limited to
a Warranty Deed and affidavits as are necessary to complete the sale
of a 1.17 acre site owned by the City and legally described as Lot 1,
Block 1, Dell Station, Hennepin County, Minnesota.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
ANNOTATED AGENDA
December 6,2011
Page 10
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
AGENDA
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY,DECEMBER 6, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Nancy Tyra-
Lukens, Council Members Brad Aho, Ron Case, Sherry Butcher Wickstrom, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner
Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow,
Finance Director Sue Kotchevar and Recorder Jan Curielli
I. ROLL CALL/CALL THE HRA MEETING TO ORDER
II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 6, 2011
III. ADOPT RESOLUTION CERTIFYING THE 2012 HRA PROPERTY TAX LEVY
TO BE $200,000 AND APPROVING THE 2012 HRA BUDGET OF $200,000
IV. ADOPT RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT
NO. 10
V. ADJOURNMENT
HRA ITEM NO.: II.
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 6, 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, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance
Director Sue Kotchevar, City Attorney Siira Gunderson and Council Recorder Jan Curielli
I. ROLL CALL/CALL THE MEETING TO ORDER
Chair Tyra-Lukens 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 JUNE 14, 2011
MOTION: Case moved, seconded by Aho, to approve the minutes of the HRA
meeting held on June 14, 2011 as published. Motion carried 5-0.
III. RESOLUTION HRA NO. 2011-03 TO APPROVE THE PROPOSED 2012
PROPERTY TAX LEVY TO BE $200,000 AND TO ACCEPT THE PROPOSED
2012 BUDGET OF $200,000
Getschow said the Housing& Redevelopment Authority (HRA) has its own budget and
levy to be spent on planning and implementation of redevelopment and/or low-rent
housing assistance programs with the City. The action proposed tonight is to adopt the levy
of$200,000. He said under State statute the HRA can levy a tax of up to .018 percent of
our taxable market value. The HRA levy has remained flat at $200,000 for several years.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution HRA No. 2011-03 to
approve the proposed 2012 property tax levy to be $200,000 and to accept the proposed
2012 budget of$200,000. Motion carried 5-0.
IV. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the HRA. Motion
carried 5-0. Chair Tyra-Lukens adjourned the HRA meeting at 7:03 PM.
HOUSING AND REDEVELOPMENT DATE:
AUTHORITY AGENDA December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: III.
Sue Kotchevar, Office of the Resolution Approving the 2012 HRA
City Manager/Finance Property Tax Levy and Accepting the 2012
HRA Budget
Requested Action
Move to: Adopt resolution certifying the 2012 Property Tax levy to be $200,000 and
approving the 2012 Budget of$200,000 as reviewed by the Council.
Synopsis
On September 6, 2011, the HRA approved the proposed 2012 HRA property tax levy and
budget. Also on September 6, 2011, the Eden Prairie City Council adopted resolutions
consenting and approving the proposed 2012 HRA property tax levy.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY
H.R.A. RESOLUTION NO. 2011-
A RESOLUTION APPROVING THE HRA 2012 PROPERTY TAX LEVY AND
ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS,the Housing and Redevelopment Authority of the City of Eden Prairie has
reviewed the proposed 2012 budget and tax levy; and
WHEREAS, the Housing and Redevelopment Authority has decided to accept these
recommendations.
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority:
1. Approves the following proposed taxes on real and personal property within the City
of Eden Prairie for the 2012 budget contingent upon City Council approval.
Levy on Tax Capacity $200,000
2. Approves the 2012 proposed budget totaling $200,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on December 6, 2011.
Nancy Tyra-Lukens, Chair
ATTEST: SEAL
Rick Getschow, Executive Director
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
H.R.A. RESOLUTION NO. 2011-05
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO. 10
BE IT RESOLVED by the Board of Commissioners (the "Board") for the Housing and
Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority"), as
follows:
WHEREAS, the Authority has previously adopted a redevelopment plan (the "Project
Plan") and redevelopment project under Minnesota Statutes, Sections 469.001 to 469.047,
designated as Prairie Village Redevelopment Project Area No. 2 (the "Redevelopment Project")
and a tax increment financing plan and interest rate reduction program of the Authority under
Minnesota Statutes, Sections 469.174 to 469.1799, designated as Amended Tax Increment
Plan/Interest Rate Reduction Program for Tax Increment Financing District No. 10 (the
"Financing Plan"). The Financing Plan established Tax Increment Financing District No. 10 (the
"TIF District").
WHEREAS, it has been proposed that the Authority approve Amendment No. 3 to the
Financing Plan (the "Amended Financing Plan") to increase the budget of the TIF District, and
other conforming changes, all as reflected in the Amended Financing Plan and presented for the
Authority's consideration;
WHEREAS, the Authority has investigated the facts relating to the Amended Financing
Plan and has caused the Amended Financing Plan to be prepared;
WHEREAS, the City Council of the City of Eden Prairie, Minnesota (the "City
Council"), has scheduled a public hearing on the Amended Financing Plan to be held on
December 6, 2011, in accordance with Minnesota Statutes, Chapter 469 (the "Public Hearing");
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
Section 1. Adoption. The Amended Financing Plan is hereby adopted based on the
findings herein, subject to approval by the City Council following the Public Hearing.
Section 2. Findings. The Authority hereby makes the following findings:
(a) The District consists of a "project" as defined in Minnesota Statutes, Section
469.174, subdivision 8, and is a proper tax increment financing district within the
meaning of Section 469.174, subdivision 9. Based on the information in the Amended
Financing Plan and representations of the developer, the District consists of a project
intended for occupancy, in part, by persons or families of low and moderate income, as
defined in chapter 462A, Title II of the National Housing Act of 1934, the National
Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the
Housing Act of 1949, as amended, or similar present or future federal, state or municipal
legislation and the regulations promulgated thereunder, and that satisfies the income
limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the
District consists only of housing for individuals or families of low or moderate income,
and no commercial or other uses are contemplated therein. Therefore, the District
qualifies as a "housing district" within the meaning of Minnesota Statutes, Section
469.174, subdivision 11.
(b) The proposed development, in the opinion of the Authority, would not
reasonably be expected to occur solely through private investment within the reasonably
foreseeable future. Therefore,the use of tax increment financing is deemed necessary.
(c) The Amended Financing Plan conforms to the general plan for the
development or redevelopment of the City as a whole.
(d) The TIF District affords maximum opportunity, consistent with the sounds
needs of the City as a whole, for the development or redevelopment of the proposed
project by private enterprise.
Section 3. Transmittal. The Authority does hereby transmit the Amended Financing
Plan to the City Council for approval after the same have been considered by the City Council
subsequent to the Public Hearing.
Section 4. Filing. Following approval by the City Council, the Secretary is hereby
authorized and directed to file the Amended Financing Plan with the Commissioner of Revenue
and the Office of the State Auditor as required by Minnesota Statutes, Section 469.175,
subdivision 4a.
ADOPTED by the Housing and Redevelopment Authority on December 6, 2011.
Nancy Tyra-Lukens, Chair
ATTEST: SEAL
Rick Getschow, Executive Director
HOUSING AND REDEVELOPMENT DATE:
AUTHORITY AGENDA December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: HRA ITEM NO.: IV.
Sue Kotchevar, Office of the Amendment No. 3 to the Amended Tax
City Manager/Finance Increment Financing Plan Interest Rate
Reduction Program for Tax Increment
Financing District No. 10
Requested Action
Move to: Adopt Resolution approving Amendment No. 3 to the Tax Increment
Financing Plan for Tax Increment Financing District No. 10
Synopsis
The purpose of this Amendment No. 3 to the Amended Tax Increment Plan for Tax Increment
Financing District No. 10 (the TIF District) is to increase the total tax increment revenues and
expenditures of the District to provide for payment of previously incurred and anticipated future
public improvement costs within the District and Project Area. The amendment makes no other
modifications to the TIF District and does not result in an increase in the geographic size of the
TIF District. In addition, there is no additional estimated fiscal and economic impact due to this
amendment.
Background
TIF District No. 10 is a housing district established within Prairie Village Redevelopment Project
Area. The District was established February 18, 1986 and later modified March 7, 1989 and
administratively July 18, 2006. The statutorily-required decertification date is December 31,
2012.
Attachment
Resolution
Amendment No. 3 to the Amended Tax Increment Financing Plan Interest Rate Reduction
Program for Tax Increment Financing District No. 10
City of Eden Prairie, Minnesota
Eden Prairie Housing and Redevelopment Authority
Amendment No. 3 to the
Tax Increment Financing Plan
Interest Rate Reduction Program
for
Tax Increment Financing District No. 10
Dated: December 6, 2011
Original Plan Adopted: February 18, 1986
Amended and Restated: March 7, 1989
Second Amendment: July 18, 2006
Third Amendment: December 6, 2011
Drafted by:
Dorsey& Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, Minnesota 55402
Springsted Incorporated
380 Jackson Street, Suite 300
St Paul, Minnesota 55101
INTRODUCTION
The purpose of this Amendment No. 3 to the Amended Tax Increment Plan for Tax
Increment Financing District No. 10 (the TIF District) is to increase the total tax increment
revenues and expenditures of the District to provide for payment of previously incurred and
anticipated future public improvement costs within the District and Project Area. The
amendment makes no other modifications to the TIF District and does not result in an increase in
the geographic size of the TIF District. In addition, there is no additional estimated fiscal and
economic impact due to this amendment.
2
AMENDMENT OF TAX INCREMENT FINANCING PLAN
The Amended Tax Increment Financing Plan/Interest Rate Reduction Program of the
Eden Prairie Housing and Redevelopment Authority, adopted February 18, 1986, amended and
restated March 7, 1989 and amended July 18, 2006 for Tax Increment Financing District No. 10
is hereby further amended as follows:
I. TAX INCREMENT FINANCING PLAN—TAX INCREMENT DISTRICT NO. 10
A. STATEMENT OF OBJECTIVES
[No Change]
B. CLASSIFICATION OF THE TIF DISTRICT
[No Change]
C. DEVELOPMENT PROGRAM
[No Change]
D. DEVELOPMENT ACTIVITIES
[No Change]
E. FINANCIAL ANALYSIS OF THE TIF DISTRICT
BUDGET: (JULY 18, 2006)
COSTS
Administration $ 100,000
Interest Rate Reduction 1,451,979
Public Redevelopment Costs 715,554
TOTAL COSTS $2,267,533
SOURCES
Tax Increments $2,267,533
TOTAL SOURCES $2,267,533
Above estimated costs and sources to be replaced with new budgeted costs and sources as shown
below as amended December 6, 2011
3
TOTAL BUDGET: (AS AMENDED DECEMBER 6, 2011)
COSTS
Administration $ 200,000
Interest Rate Reduction 1,451,979
Public Redevelopment Costs 715,554
Additional Housing Costs 187,467
TOTAL COSTS $2,555,000
SOURCES
Tax Increments $2,550,000
Investment Earnings $5,000
TOTAL SOURCES $2,555,000
The City reserves the right to administratively adjust the amount of any of the items
listed above or to incorporate additional eligible items, so long as the total estimated cost is
not increased.
The Public Redevelopment Costs of the TIF District are listed below:
Engineering
and Tests $ 5,600
Earthwork 67,200
Site Utilities 39,200
Bituminous 25,000
Irrigation 10,000
Landscaping 60,000
Concrete 315,000
Precast 180,000
Soil Correction 13,554
Total: $715,554
4
Additional public redevelopment costs pursuant to the December 6, 2011 modification:
Admin. costs 100,000
Add'l hsg costs 187,467
Total 287,467
Such costs are eligible for reimbursement from tax increments of the TIF District.
The total public costs and sources of revenue associated with the TIF District will
increase to, but not exceed, $2,555,000.
1. Original Gross Tax Capacity
[No Change]
2. Captured Gross Tax Capacity
[No Change.]
3. Duration of the TIF District
[No Change]
F. ESTIMATED IMPACT OF THE TIF DISTRICT ON OTHER TAXING
JURISDICTIONS
[No Change]
G. ADMINISTRATIVE PROCEDURES AND REQUIREMENTS
1. Modification of the TIF Plan or Change in Boundaries of the TIF District
[No Change]
2. Use of Tax Increment
[No Change]
3. Excess Tax Increments
[No Change]
4. Tax Increment Account
[No Change]
5
5. Limitation on Administrative Expenses
[No Change]
6. Limitation on Increment
[No Change]
7. Annual Disclosure
[No Change]
8. Administration of the TIF District
[No Change]
II. INTEREST RATE REDUCTION PROGRAM
[No Change]
III. PUBLIC IMPROVEMENT COSTS; REDUCED RENTS CONTINUED
[New Section]
A. STATEMENT OF OBJECTIVES
[No Change]
B. PAYMENT FOR PUBLIC IMPROVEMENT COSTS
[No Change]
C. FINANCING PLAN
1. Form and Amount of Assistance
[No Change]
2. Duration of Tax Increment Assistance
[No Change]
6
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.
Stuart Fox, Parks and Natural Recognize the Eden Prairie Home Depot for
Resources Manager, Parks and their Contribution to the Park System
Recreation
Requested Action
Move to: Adopt the Resolution accepting the donation of mulch and recognizing the efforts
of the Eden Prairie Home Depot employees.
Synopsis
During the spring and summer of 2011, the Eden Prairie Home Depot donated 300 bags of wood
mulch. The mulch was placed by Home Depot employees at the intersection of Prairie Center
Drive and Singletree Lane and within Miller Park. The wood mulch was used to enhance the
landscaping feature at the road intersection and replenish aging wood mulch in tree planters at
Miller Park.
Representatives from Home Depot have been invited to attend the council meeting to be
recognized for their contribution and work effort. Those attending are:
• Jason Barker, Store Manager
• Ross Evenson, Department Head
• Craig Beebe, who organized and coordinated the mulch/chipping project
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The donation to the City of Eden Prairie of 300 bags of mulch and the volunteer efforts of
the Eden Prairie Home Depot employees is hereby recognized and accepted by the Eden
Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of December,
2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.
Jay Lotthammer, Director, Art Center Donation from Elaine Sampson
Parks and Recreation for Pottery Studio Equipment
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of$5,000 from Elaine
Sampson for the purchase of a combination pugmill and clay mixer for the Eden
Prairie Art Center.
Synopsis
The Art Center facilitates programs for students ages two through adult; in a variety of visual art
mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more.
Thanks to the ongoing generosity of the Sampson family the City of Eden Prairie will be able to
purchase a combination pugmill and clay mixer for the pottery studio which will allow us to
easily recycle used clay. The purchase of this piece of equipment will reduce our supply cost for
various pottery programs, including birthday parties,youth classes and adult workshops. We will
now be able to reuse clay scraps that are currently discarded.
Background
The pottery studio has eight pottery wheels, including one handicap accessible wheel, an electric
kiln and a gas kiln($3,000 donation from the Sampson family), a slab roller, wedging table and
tables for hand building and glazing. Pottery camps and classes have become extremely popular;
clay camps have seen significant increases in participation over the past three years.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$5,000 to be used for a combination pugmill and
clay mixer at the Eden Prairie Art Center from Elaine Sampson is hereby recognized and
accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of December,
2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D.
Jay Lotthammer, Director, Staring Lake Observatory Donation from the
Parks and Recreation Stoebner Foundation for Astronomy and
Electronic Equipment from AVI Systems
Requested Action
Move to: Adopt the Resolution accepting the gift of$29,523 from the Stoebner Foundation
through the Eden Prairie Community Foundation to purchase astronomy and
electronic equipment from AVI Systems.
Synopsis
The Stoebner Foundation through the Eden Prairie Community Foundation has offered to donate
$29,523 for astronomy and electronic equipment from AVI Systems. AVI Systems will install an
integrated display and streaming system for the observatory at the Eden Prairie Outdoor Center.
The telescope at the nature center will be outfitted with a telescope camera that will allow for the
image from the camera to be seen on a new local 32 inch outdoor display and on a new 55 inch
LED display mounted inside the nature center.
The observatory will be outfitted with a wireless lapel microphone and auxiliary input for mp3
players to be heard from four outdoor speakers and also sent to the streaming recording system.
The video signal and audio signal will also be distributed via a CUBE encoder to Livestream.
This will allow for the video and audio to be streamed live and also be recorded for view on the
internet via computers and mobile devices. The video stream can be easily integrated into the
City of Eden Prairie's website. A one year subscription to Livestream is included in the scope of
work to be completed by AVI Systems.
Background
In 2006, the Minnesota Astronomical Society donated a Group 128, 16" Cassegrain telescope to
the City of Eden Prairie. In 2010, the City accepted donations from Doug and Carolyn Kohrs and
other donors to build an observatory.
The Observatory is located on the edge of Staring Lake, removed from city lights and aimed at
the western and southern sky. In 2011, the Staring Lake Observatory received two prestigious
awards; the Minnesota Recreation and Parks Association Award of Excellence and the
Excellence in Structural Engineering Award given by the National Council of Structural
Engineers Associations for"Other Structures".
The construction of the observatory and deck was completed October 2010; with a grand opening
event held on Saturday, October 9, 2010. Registration for the monthly Star Watch program has
increased over the first year of operation. In 2010, two open telescope nights were offered with
the first drawing 250 participants. The second night was cancelled due to weather. A one year
anniversary celebration event was held on October 21, 2011.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$29,523.00 from the Stoebner Foundation through the Eden
Prairie Community Foundation to purchase astronomy and electronic equipment from AVI
Systems is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of December, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Report of the Parks and Recreation Director December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.E.
Jay Lotthammer, Director, State Farm Companies Foundation Donation
Parks and Recreation on Behalf of Gordon Williams; Eden Prairie
Senior Center Volunteer
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of$500 from State
Farm Companies Foundation on behalf of Gordon Williams for his volunteer
service at the Eden Prairie Senior Center to be used toward the 2012 Senior
Center volunteer recognition event.
Synopsis
The Senior Center provides a wide variety of social, recreational and educational opportunities
for adults and seniors, including special events, educational classes, trips and social activities.
Gordon Williams serves on the Senior Center Advisory Council. He is also an active Senior
Center volunteer and participates in various programs and activities, including trips and special
events.
The State Farm Companies Foundation Good Neighbor Grant Program; Matching Gift Program
gives out matching monies, matching the amount of volunteer hours an individual submits to
their volunteer location. Gordon Williams submitted volunteer hours to State Farm Companies in
the amount that qualified his volunteer service hours for the donation of$500 to be used towards
the annual Senior Center volunteer recognition event in April, 2012 as requested by Gordon
Williams.
Background
In 2010, 4,528 volunteer hours were served by local seniors at the Eden Prairie Senior Center at a
value of$94,408.80, based on $20.85 value for volunteer time (from Independent Sector). Over
50 senior volunteers are recognized each spring at the annual volunteer recognition event for
their dedicated time and commitment to the Senior Center programs, facilities and services.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$500 to be used for the 2012 Senior Center Volunteer
Recognition Program at the Eden Prairie Senior Center from State Farm Companies
Foundation on behalf of Gordon Williams for his volunteer service at the Eden Prairie Senior
Center is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of December, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, NOVEMBER 15, 2011 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
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 Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Workshop -Heritage Room II
I. JOINT MEETING WITH CONSERVATION COMMISSION
Laura Jester, Conservation Commission Chair, reviewed the commission's 2011
activities, which included finalizing a commercial recycling ordinance, collaborating on
development of an ordinance allowing pervious pavers, staffing educational events and
holding a joint meeting with the Parks, Recreation&Natural Resources Commission.
Jester also gave an update on the City's participation in the GreenStep Cities program.
Commission member Sue Brown made a presentation on disposable bag fees. Brown
presented research data on paper and plastic bag usage in the United States. It is
estimated that more than 100,000,000 plastic bags are used each year, and that it takes
more than a thousand of years for each of those bags to degrade in a landfill.
10,000,000,000 paper bags are used each year, requiring the cutting down of 14,000,000
trees. Although paper bags degrade faster than plastic, it still takes centuries for them to
biodegrade.
Brown said the commission has researched ways in which the use of disposable bags can
be reduced. She said many cities in California have banned plastic bags since 2007.
Other cities are considering bans or imposing taxes or fees. She said the Conservation
Commission favors the model adopted by Washington, DC, in 2009. A 5-cent fee is
imposed on all disposable bags at food stores. She said that within one year, the
Washington reduced the number of plastic bags distributed from 270 million per year to
less than 52 million. She noted that the funds collected were used to clean up a river, and
retailers also saved significant money because they no longer needed to purchase millions
of bags.
Brown said there is local support for a bag fee, including a letter written by SuperValu
Vice President Mike Erlandson in 2010 supporting a statewide measure to tax plastic
bags.
Council Member Nelson said she would like the City to get input from local retailers and
the Chamber of Commerce before proceeding with a bag fee. Aho asked how the
City Council Workshop Minutes
November 15, 2011
Page 2
program would be administered. Brown said the bags consumers purchase are a
receipted item,but that they are not taxed. Butcher said such a program would be a
complete culture change for the City, and she would like to see some sort of a lead up to
it rather than instituting it cold turkey. She noted that one of the City Council's adopted
strategies is incrementalism rather than quantum change.
Council Member Case said he likes the idea, but suggested the Conservation Commission
investigate ways to implement it in steps. He said education would have to be part of any
program. He also suggested bringing the Chamber of Commerce into the discussion.
Aho said he is not in favor of government dictating things like this. He said stores can
implement bag fees on their own, and the City could encourage that, but a government
requirement feels onerous to him.
Commission Member Greg Olson briefly outlined another program the Commission has
been studying, called Property Assessed Clean Energy (PACE). He said the program
involves state legislation that allows local governments to assist property owners with
financing clean energy solutions for generating electricity, heating and cooling, through
the property tax system. He said that due to the intricacies of the residential mortgage
system, the Commission suggests that, if the City is interested in pursuing such program,
they focus on commercial and industrial properties.
For their final topic, Jester said the Commission is again strongly encouraging the City to
begin providing recycling in City parks.
II. BUSINESS SURVEY RESULTS
Consultant John Schamber presented results of the 2011 business survey. He noted that
the Chamber of Commerce co-sponsored the survey this year and it included questions
specific to their organization. Previous business surveys were conducted in 2002, 2005
and 2008. Several core questions have been asked on all of the surveys for tracking
purposes.
350 telephone interviews were conducted from June 22 through July 20. Respondents
were drawn at random from a list of businesses provided by the Chamber of Commerce,
and the average interview length was 18 minutes.
The survey found that two-thirds of businesses have been located in Eden Prairie for 10
years or more. Three in 10 businesses are home-based. Two-thirds of companies have
less than 10 employees. One company reported having 1,800 employees in Eden Prairie.
The service sector is the largest business sector, followed by sales/marketing. The top
reason for operating a business in Eden Prairie is it"a great place to live and work," at
93%. Highway access, low crime rate and high speed internet access were the other top
reasons for operating a business in Eden Prairie. More than three-fourths of respondents
rated the Eden Prairie business climate as above average or excellent. Businesses
continue to say they want the City's Economic Development Division to focus on
retaining businesses, bringing new businesses into the community and giving priority to
transportation infrastructure.
City Council Workshop Minutes
November 15, 2011
Page 3
Less than half of businesses say they are satisfied with the amount of access they have to
the City's decision-making process; however, a majority think property taxes are a good
value for the services they receive. More than 8 in 10 businesses are satisfied with
telecommunications infrastructure and power supply services. Just over half of
businesses think it is important to buy local. Six in 10 businesses are in favor of light rail
coming to Eden Prairie.
Open Podium - Council Chamber
III. GARY JOHNSON—UTILITY RATES
Mr. Johnson, Alise Place, said his most recent water bill was startlingly high. He
recently learned of the City's tiered water billing system, and he is opposed to it. He said
it is necessary to irrigate his lawn to maintain his and his neighbors' property values. He
said he practices conservation to the best of his ability, and should not be punished for
not letting his grass go brown. He also said he is opposed to a wage increase for City
employees.
IV. KEN WENCEL—INVITATION TO RILEY-PURGATORY-BLUFF CREEK
WATERSHED DISTRICT EVENT
Mr. Wencel said he is a member of the Riley-Purgatory-Bluff Creek Watershed District
Board. He invited the City Council to the Board's annual event on December 6. Council
Member Nelson noted that is the same night as the City Council's next meeting.
She regrets she will not be able to attend the watershed district event and asked if they
could schedule it on a different night in the future.
V. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 15, 2011 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Ron Case, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, 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
Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was
absent.
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
Acting Mayor Case thanked the Civil Air Patrol Color Detail for presenting the colors.
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. PROCLAMATION COMMEMORATING THE 70TH ANNIVERSARY OF
CIVIL AIR PATROL
Acting Mayor Case read a proclamation commemorating the 70th Anniversary of the
Civil Air Patrol. He presented a certificate to Major Daniel Jorgenson of the Civil Air
Patrol.
B. UPDATE FROM HENNEPIN COUNTY COMMISSIONER JAN CALLISON
Hennepin County Commissioner Jan Callison distributed a fact sheet about Hennepin
County. She reviewed the budget proposals and property tax levy proposed for 2012
for the County. She said redistricting will have to occur because of the 2010 census,
and the shifting of County Commissioner boundaries will probably take place in
April of 2012. She thanked Council Members Nelson and Aho for their help on the
Southwest LRT project.
Butcher Wickstrom asked what will happen to the property once the County Service
Center in Eden Prairie is closed. Callison said at this point she was not sure what will
happen to it.
Case noted he was disappointed that the County will be closing the facility and asked
if efforts could be made to keep it open.
CITY COUNCIL MINUTES
November 15,2011
Page 2
Nelson said she too urged the County to keep the Service Center open. She has heard
from a number of seniors in the community who are concerned about closing it
because of the hardship for them to use the other Service Centers.
Butcher Wickstrom asked if the City could coordinate with the County to
communicate the closing of the facility if the closing is necessary. Callison said they
will do that. She said they realize they will need to plan to accommodate more people
at the other service centers. They are encouraging residents to use other methods of
obtaining services including using the internet.
Case thanked her for the work she and the other Commissioners do for the County.
Getschow noted the Council will have a presentation of the City budget on December
6. He said we are seeing property values decrease an average of about 3%, but the
values are holding better than others in the county. He asked about the possibility of
providing some of the county services online at the Eden Prairie library which is near
the Service Center. Callison said that might be possible, but not all services are
available online.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Aho added Item XIV.A.1. Case added Items XIV.A.2. and 3. Getschow added Item
VIII.F.to the Consent Calendar. He said Item VIII.D. should be moved to Item XIV.H.1.
MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion
carried 3-0-1 with Butcher Wickstrom abstaining.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 18, 2011
MOTION: Nelson moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, October 18, 2011 as published. Motion carried 3-0-1 with
Butcher Wickstrom abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 18, 2011
MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council
workshop held Tuesday, October 18, 2011 as published. Motion carried 3-0-1 with
Butcher Wickstrom abstaining.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
Case said at the workshop tonight the Council met in joint session with the Conservation
Commission and then received a report on the business survey done in conjunction with the
Chamber of Commerce.
CITY COUNCIL MINUTES
November 15,2011
Page 3
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. PROCLAMATION DESIGNATING NOVEMBER 26 AS SMALL BUSINESS
SATURDAY
C. ADOPT RESOLUTION NO. 2011-93 GRANTING COMCAST INC.A FRANCHISE
EXTENSION TO APRIL 16, 2012
D. APPROVE STATEMENT OF WORK FROM LOGIS AND ADVANCED
UTILITY SYSTEMS FOR DEVELOPING WEB SERVICES WITH
ELEMENTS XS
E. APPROVE RENEWAL OF AGREEMENT FOR TOWING SERVICES WITH
MATT'S AUTO SERVICE FOR 2012
F. APPROVE EARLY ACCESS LICENSE AGREEMENT WITH UNITED
HEALTH CARE SERVICES
MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-C
and E-F on the Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. VINTAGE 2ND ADDITION by Wooddale Builders, Inc. Request for: Preliminary
Plat of.75 acres into 1 lot. Location: 10605 & 10611 Sonoma Ridge. (Resolution
No. 2011-94 for Preliminary Plat)
Getschow said this project is the combination of two existing lots into one lot. The
project meets City code for lot size and setbacks in the R1-13.5 zoning district.
The drainage and utility easement will be vacated as part of the project. No
development agreement is necessary. The 120-day review period expires on
January 31, 2012. The Planning Commission voted 6-0 to recommend approval of
the project at the October 24, 2011 meeting.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing and to adopt Resolution No. 2011-94 for Preliminary Plat, combining two
lots into one lot on 0.75 acres. Motion carried 4-0.
B. VACATION OF DRAINAGE AND UTILITY EASEMENTS LYING OVER,
UNDER AND ACROSS LOT 1 AND 2 BLOCK 1, THE VINTAGE (Resolution
No. 2011-95)
Getschow said this item follows the previous item and is a request for the vacation
of all the drainage and utility easements to facilitate the plat of The Vintage 2nd
CITY COUNCIL MINUTES
November 15,2011
Page 4
Addition for new home construction. The drainage and utility easements were
originally dedicated with the plat of The Vintage. New drainage and utility
easements will be dedicated with the plat of The Vintage 2nd Addition.
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public
hearing and to adopt Resolution No. 2011-95 vacating all the drainage and utility
easements lying over,under and across Lot 1 and 2, Block 1, The Vintage
according to the recorded plat thereof, Hennepin County, Minnesota. Motion
carried 4-0.
C. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION 11.70
RELATING TO COMMERCIAL PUD IDENTIFICATION SIGNS
Getschow said the proposed change is to allow a Commercial Planned Unit
Development(PUD) area identification sign to identify the names of individual
businesses within the development,provided there are two or more contiguous lots
in the PUD. The code currently allows a PUD with three or more contiguous lots
to have a sign that identifies the development. The sign cannot identify businesses
in the development. No changes to height and size are proposed. The Planning
Commission voted 6-0 to recommend approval of the code amendment at the
October 24, 2011 meeting. He said this will allow flexibility in the ordinance to put
an identification sign near the edge of the development that lists multiple
businesses in addition to the development itself.
Case said he thought this is long overdue. Aho said this is a great idea and offers
our businesses a way to highlight their businesses and makes for a fairer playing
field.
There were no comments from the audience.
MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public
hearing and to approve 1st reading of the ordinance amending City Code Section
11.70 relating to sign permits, and adopting by reference City Code Chapter 1 and
Sections 2.99 and 11.99 which, among other things, contain penalty provisions.
Motion carried 4-0.
D. CONDITIONAL USE PERMIT AMENDMENT—SMITH DOUGLAS MORE
HOUSE
Getschow said the amendment is to relocate the 2,700 sq. ft. outside use area to the
north due to the recent expansion of the Dunn Bros. parking lot. This will shift the
outside use area approximately 50 feet to the north of the previous location. The
conditional use permit amendment will expire December 31, 2017. A Certificate of
Appropriateness is not required. The Planning Commission voted 6-0 to
recommend approval at its October 24, 2011 meeting.
CITY COUNCIL MINUTES
November 15,2011
Page 5
Case noted the City owns this building. We are enhancing the property and will
also participate in the future profits. He noted there is a separate action under the
Community Development Director's report that also covers this item.
There were no comments from the audience.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to close the public
hearing and to approve the conditional use permit amendment for the Smith
Douglas More House. Motion carried 4-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the payment of
claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher
Wickstrom,Nelson, and Case voting "aye."
XI. ORDINANCES AND RESOLUTIONS
A. RESOLUTION NO. 2011-96 APPROVING FINAL PLAT OF THE VINTAGE
2ND ADDITION
Getschow said this item goes along with Items IX.A. and IX.B. which dealt with
the preliminary plat and vacation of easements for The Vintage 2nd Addition.
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution
No. 2011-96 approving the final plat of The Vintage 2nd Addition. Motion
carried 4-0.
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Digital Cities Survey Award--Councilmember Aho
Aho said this past week at the National League of Cities Congressional
meeting Eden Prairie received a Digital Cities Survey award from the Center
for Digital Government for cities in the 30,000-75,000 population category.
The award highlights efficient and effective use of technology and procedures
to provide best practice services for residents. He commended Information
Technology Manager Lisa Wu, Police Chief Reynolds, Fire Chief Esbensen
and all the City staff for their work. He noted the award means that Eden
Prairie was selected as the number one city in this category in the entire
country. He presented the award to City Manager Getschow for display at
City Hall.
CITY COUNCIL MINUTES
November 15,2011
Page 6
2. Need for Barn Property Owned by Steve Schussler--Acting Mayor Case
Case said Steve Schussler is owner of the historic barn property on Pioneer
Trail and needs to add a shed on the property. He asked staff to look at the
possibilities with Mr. Schussler and the county to see if there are ways we can
help the business there.
Getschow said the issue involves Hennepin County drainage and utility
easements and the "build ability" of a shed in those areas. He said staff will
explore with the County any options the property owner may have.
Nelson said the owner took over an historic barn in our City that was going to
be torn down by the County. She noted there are a number of wonderful
plaster cows on display outside the barn.
3. Delegation from Lodi, China--Acting Mayor Case
Case thanked Information Technology Manager Lisa Wu for helping recently
with a visiting delegation from Lodi, China. Ms Wu speaks fluent Chinese
and was very helpful during their visit. The Vice Mayor of Lodi headed the
Chinese delegation and presented us with a beautiful book about their city. He
asked Mr. Getschow to keep the book on display in a resource area and to
research possibilities in our budget for preparing similar gifts we can give to
any future delegation.
B. REPORT OF CITY MANAGER
1. Adopt Resolution No. 2011-97 Authorizing Issuance, Awarding Sale,
Prescribing Form and Details and Providing for Payment of$4,400,000
General Obligation Crossover Refunding Bonds Series 2011C AND
Adopt Resolution No. 2011-98 Authorizing Issuance,Awarding Sale,
Prescribing Form and Details and Providing for Payment of$1,820,000
General Obligation Permanent Improvement Revolving Fund Crossover
Refunding Bonds, Series 2011D
Getschow said we have two bond issuances for refunding, the purpose of
which is to refinance the bond issues to save interest costs.
Paul Donna,Northland Securities, said they took bids this morning on the two
issues and they had good results. He said the City's AAA credit rating was
reaffirmed, and an official said off the record that Eden Prairie "continues to
be a model AAA city." A total of four bids were received for the first series of
bonds with a total savings on that issue of about $250,000, which is more than
we estimated when the refunding was first approved in mid-September. We
also received four bids on the second series,with a total savings of about
$134,000 on that issue, which was also more than the estimated savings. He
said as a result of this action the City has reduced future interest costs.
CITY COUNCIL MINUTES
November 15,2011
Page 7
Case asked why the reduction in the U.S. Government's credit rating had no
effect on the City's rating. Mr. Donna said Eden Prairie does not have a heavy
reliance on the Federal government so we were not impacted by that. Case
noted it is phenomenal we are considered a model AAA city.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2011-97 authorizing issuance, awarding sale, prescribing the
form and details and providing for the payment of$4,400,000 general
obligation crossover refunding bonds series 2011 C. Motion carried 4-0.
MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt
Resolution No. 2011-98 authorizing issuance, awarding sale, prescribing the
form and details and providing for the payment of$1,820,000 general
obligation permanent improvement revolving fund crossover refunding
bonds, series 2011D. Motion carried 4-0.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Lease Agreement for the Smith-Douglas-More House Dunn Brothers
Coffee Shop
Jeremiah said this item is a lease agreement related to the conditional use of
the Smith-Douglas-More House. We are adjusting the lease to deal with the
outdoor area change, to change the terms of the lease from three to five years,
and to add a percentage weight of 6% on gross sales over$450,000 annually.
She said the facility will probably generate more revenue because of the
expansion of the parking lot and the building of the gazebo. She noted there is
no change in the base rent.
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve a
new lease between the City of Eden Prairie and Puregrace LLC at the Smith-
Douglas-More property located at 8107 Eden Prairie Road for a Dunn Bros.
coffee store. Motion carried 4-0.
Nelson said the coffee shop does provide a valuable service to a wide variety
of community groups, and they take great care of this historic property.
2. Lease Amendment For Encore at Den Road
Jeremiah said staff came before the Council on October 4 with a lease for
2,530 square feet of space at the Den Road liquor store. Since that time,
Encore has become interested in expanding into the extra 1,100 square foot
space still available at that location. Because Encore has a continuing rent
obligation at their current site, they have asked for a break on the additional
1,100 square foot space for the 18 months remaining on the lease at their
current site. She said this would enable us to have the space fully leased with
a tenant who has been in the City for a long time.
CITY COUNCIL MINUTES
November 15,2011
Page 8
MOTION: Aho moved, seconded by Butcher Wickstrom, to approve a new
lease between the City of Eden Prairie and Jeneka, LLC for a consignment
retail store called Encore at a City owned commercial property located at
8022 Den Road. Motion carried 4-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
1. Approve Statement of Work from Logis and Advanced Utility Systems
for Developing Web Services with Elements XS
Rosow said this is Item D that was removed from the Consent Calendar. He
said when he reviewed the item he wanted to separate the two items. This is a
scope of work to allow Logis to confirm that their system and our new system
work together as one and an action to allow a contract for the work needed for
the development and integration of the Utility Division's new GIS-based asset
management and work flow management software package with the data
maintained and managed by Logis . He said the items should be separated to
show the City Council did take action to approve the scope of work as laid
out by Logis and Advanced Utility Systems and to authorize the Mayor and
City Manager to enter into a contract to perform that work.
MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the
statement of work with Logis and Advanced Utility Systems. Motion carried
4-0.
MOTION: Aho moved, seconded by Butcher Wickstrom,to authorize the
Mayor and City Manager to enter into a contract with either Logis or
Advanced Utility Systems for the integration of the City's software with the
Logis system in an amount not to exceed$37,800. Motion carried 4-0.
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adjourn the meeting.
Motion carried 4-0. Acting Mayor Case adjourned the meeting at 8:00 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit Amended
These licenses have been approved by the department heads responsible for the licensed activity.
Amendment to Liquor License BUCA Restaurants 2, Inc
2AM Closing Permit-Renewal DBA: BUCA di BEPPO
Wadsworth Old Chicago Inc
DBA: Old Chicago Campiello, LLC
DBA: Campiello
Private Kennel Champps Operating Corporation
Reid Mandel DBA: Champps Americana
10541 East Riverview Dr
Courtyard Management Corporation
DBA: Courtyard By Marriott
New Liquor License—New Ownership
Licensee name: New Osaka Eden Prairie Inc Don Pablo's Operating LLC
(Formerly: Osaka Eden Prairie, Inc) DBA: Don Pablo's Grille Mexicana
DBA: Osaka
TA, Inc
DBA: Great Mandarin
2011 Renewal Licenses
Purple Star, Inc
DBA: Green Mill of Eden Prairie
On-Sale and Sunday Liquor
FCH Eden Prairie, LLC
Apple Minnesota LLC DBA: Hilton Garden Inn
DBA: Applebee's Neighborhood Grill &Bar
Select Hotels Group LLC
Bearpath Golf& Country Club, Ltd Ptsp of MN DBA: Hyatt Place Mpls/Eden Prairie
DBA: Bearpath Golf& Country Club
Eden Prairie Jakes, Inc
Bent Creek Golf Club, Inc DBA: Jake's City Grille
DBA: Bent Creek Golf Club
Kabuki, Inc
Biaggi's Ristorante Italiano, LLC DBA: Kabuki Restaurant
DBA: Biaggi's Ristorante Italiano
Kona Sushi, Inc.
Leiserv, Inc DBA: Kona Grill
DBA: Brunswick Zone—Eden Prairie
- 1 -
City Council Agenda [Insert Meeting Date]
Item Description
Page 2
LTF Club Operations Company, Inc Detello's, Inc
DBA: RARE DBA: Detello's Pizza& Pasta
(DBA change from The Herb Box)
Puregrace LLC
Wadsworth Old Chicago, Inc DBA: Dunn Bros Coffee
DBA: Old Chicago
D &D of Minnesota, Inc
Olympic Hills Corporation DBA: Famous Dave's
DBA: Olympic Hills Golf Club
India Palace New, Inc
Morneau Hospitality Group LLC DBA: India Palace
DBA: Prairie Ale House—Approval is
contingent upon two conditions—State JJ's Coffee Co. LLC
taxes and City fees being paid. DBA: JJ's Coffee Co &Wine Bar
Redstone American Grill, Inc Lions Tap, Inc
DBA: Redstone American Grill DBA: Lions Tap
RT Minneapolis Franchise, LLC NYT Enterprises, Inc.
DBA: Ruby Tuesday DBA: Little Sushi on the Prairie
Santorini Y Not, Inc New Beijing, Inc
DBA: Santorini DBA: New Beijing Chinese Restaurant
Sky Food Catering Inc. The Noodle Shop Co., --Colorado, Inc
DBA: Sky Food Catering DBA: Noodles & Company
Wildfire Eden Prairie, LLC Pei Wei Asian Diner, Inc
DBA: Wildfire DBA: Pei Wei Asian Diner
Gemelli, LLC Civitali Restaurant Corporation
DBA: Woody's Shady Oak Grille DBA: Punch Neapolitan Pizza
Red Moon Chinese Café, Inc
On-Sale Wine with Strong Beer DBA: Red Moon Chinese Café
Backstreet Kitchen Inc Smashburger Acquisition—Minneapolis LLC
DBA: Backstreet Kitchen DBA: Smashburger
Chipotle Mexican Grill of Colorado, LLC KMB Ventures, Inc
DBA: Chipotle DBA: Umbria Gourmet Pizzeria
D'Amico & Sons, LLC
DBA: D'Amico & Sons
City Council Agenda [Insert Meeting Date]
Item Description
Page 3
On-Sale Club
Northern Tier Retail LLC
Eden Prairie Lions Club, Inc DBA: SuperAmerica#4441
DBA: Eden Prairie Lions Club
3.2 Beer On-Sale Cigarette & Tobacco Products
Davanni's, Inc Anderson Oil Marketing Inc
DBA: Davanni's Pizza&Hot Hoagies DBA: Anderson Market
Eden Prairie HHP II LLC KO-B, INC
DBA: Hampton Inn DBA: Aztec BP
AMK Research Services LLC Bearpath Golf& Country Club, Ltd Ptsp of MN
DBA: Inside Edge Golf DBA: Bearpath Golf& Country Club
CSM RI Eden Prairie, LLC Bent Creek Golf Club, Inc
DBA: Residence Inn by Marriott DBA: Bent Creek Golf Club
Minneapolis Southwest
Bobby& Steve's Auto World Eden Prairie, LLP
DBA: Bobby& Steve's Auto World Eden Prairie
3.2 Beer Off-Sale Colonial Auto Inc
DBA: BP Amoco
Bobby& Steve's Auto World Eden Prairie, LLP
DBA: Bobby& Steve's Auto World Eden Prairie Caroline's LLC
DBA: Carolines
Jerry's Enterprises, Inc
DBA: Cub Foods Jerry's Enterprises, Inc
DBA: Cub Foods Eden Prairie
Jerry's Enterprises, Inc
DBA: Jerry's Foods Grand St. Paul CVS, LLC
DBA: CVS/pharmacy#3562
PDQ Food Stores, Inc
DBA: PDQ Store #215 Luxus Corporation
DBA: Eden Prairie Gas &Wash
RBF Corp. of Wisconsin
DBA: Rainbow Foods #8848 Purple Star, Inc
DBA: Green Mill of Eden Prairie
Northern Tier Retail LLC
DBA: SuperAmerica#4159 HOLIDAY STATIONSTORES, INC
DBA: Holiday Stationstore#343
Northern Tier Retail LLC
DBA: SuperAmerica#4269 HOLIDAY STATIONSTORES, INC
City Council Agenda [Insert Meeting Date]
Item Description
Page 4
DBA: Holiday Stationstore#386 Walgreen Co.
DBA: Walgreens #12044
HOLIDAY STATIONSTORES, INC
DBA: Holiday Stationstore#402 Wal-Mart Stores, Inc
DBA: Wal-Mart Store#1855
KO-B, Inc
DBA: Hwy 5 BP
Jerry's Enterprises, Inc
DBA: Jerry's Foods Eden Prairie
Olympic Hills Corporation
DBA: Olympic Hills Golf Club
PDQ Food Stores, Inc
DBA: PDQ Store #215
RBF Corp. of Wisconsin
DBA: Rainbow Foods #8848
Redstone American Grill, Inc
DBA: Redstone American Grill
Santorini Y Not, Inc
DBA Santorini
Snacks & Drinks
DBA: Snacks & Drinks
Northern Tier Retail LLC
DBA: SuperAmerica#4159
Northern Tier Retail LLC
DBA: SuperAmerica#4269
Northern Tier Retail LLC
DBA: SuperAmerica#4441
Walgreen Co.
DBA: Walgreens #06280
Walgreen Co.
DBA: Walgreens #05080
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Community Development/Planning Commercial PUD Area Identification
Janet Jeremiah/Michael Franzen Sign
Requested Action
Move to:
• Approve 2nd Reading of the Ordinance relating to Commercial PUD Area Identification Sign
• Adopt Resolution Approving the Summary of Ordinance and Ordering the publication of said
summary.
Synopsis
This is final approval of the ordinance relating to Commercial PUD Area Identification Sign.
Attachments
1. Ordinance
2. Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 15-2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA,AMENDING CITY
CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
The City Council of the City of Eden Prairie, Minnesota, ordains:
Section 1. City Code Section 11.70, Subdivision 2, 3. is amended to add the word "—
Residential" following the phrase "Area Identification Sign".
Section 2 City Code Section 11.70, Subdivision 2, items 4 to 25 are renumbered as items 5-
26 and items 26 to 44 are renumbered 28 to 46.
Section 3. City Code Section 11.70, Subdivision 2 is amended by adding the following new
item 4.:
"Area Identification Sign — Commercial" — A free-standing sign located at an
entranceway to a commercial development identifying such development having a
common identity when said sign is located upon the premises which it identifies.
The sign may also identify the names of each individual business within the
development.
Section 4. City Code Section 11.70, Subdivision 2, 26. is amended to add the word "—
Residential" following the phrase "Planned Unit Development Area Identification
Sign", to add the phrase "within the PUD area" after the word "located", and to
delete the phrase "upon the premises".
Section 5. City Code Section 11.70, Subdivision 2 is amended by adding the following new
item 27:
"Planned Unit Development Area Identification Sign — Commercial" — A free-
standing sign located at an entranceway way to a commercial Planned Unit
Development identifying such development having a common identity when said
sign is located within the PUD area upon which it identifies. The sign may also
identify the names of each individual business within the development.
Section 6. City Code Section 11.70, Subdivision 3, CC. is amended in its entirety as follows:
A Residential or Commercial Planned Unit Development must contain at least
two (2) contiguous lots to support an Area Identification Sign—Residential or an
Area Identification Sign—Commercial, respectively.
Section 7. 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 8. 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
November 15, 2011, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on , 2011.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of , 2011.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 2011 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2011 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 6th day of December, 2011.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. _-2011 is lengthy.
B. The text of summary of Ordinance No. _-2011, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance -2011 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on December 6, 2011.
Nancy Tyra-Lukens Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRE, MINNESOTA,AMENDING CITY
CODE CHAPTER 11 SECTION 11.70 RELATING TO SIGN PERMITS AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH,AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary:
This ordinance amends City Code Section 11.70, Subdivision 2 by adding definitions for "Area
Identification Sign-Commercial" and "Planned Unit Development Area Identification Sign-
Commercial" and amending the definition for "Planned Unit Development Area Identification
Sign"to "Planned Unit Development Area Identification Sign-Residential."
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 .
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
Paul Sticha, Office of the City Award contract for Encore Landlord
Manager, Facilities Work at the Den Road Building
Requested Action
Move to: Award contract for Encore landlord work at the Den Road Building to Prestige
Contracting.
Synopsis
Contractor Base Bid
Prestige Contracting $27,530.00
Diversified Construction $28,243.00
R. J. Marco Construction $28,635.00
Integrity Remodeling $30,464.57
• Encore has taken the balance of the vacancy at the Den Road Building
• Plans and Specs were developed by DSO Architecture
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D.
Police Department Resolution Declaring "Abandoned Property"
Lieutenant Bill Wyffels
Requested Action
Move to: Adopt resolution declaring property as "abandoned property."
Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic
equipment, and miscellaneous items that remain unclaimed.
City Code 2.86 Subd. 2, Disposal of Unclaimed Property, requires adoption of a resolution by
City Council to declare unclaimed property that has been in the possession of the City for over
90 days as "abandoned property."
Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property
Room has several items that have lawfully come into its possession that remain unclaimed by the
owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of this property by sale to the highest bidder at a public auction through the City of
Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police
Department would like to convert certain items for City use.
Attachments
Resolution-Declaration of Abandoned Property.
Exhibits A &B
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 December 6, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
route
�" Abandoned Property for Auction Exhibit A
Case Number Description
2011-00030484 Schwinn Moar Blue Mens 21 Speed Bike
2011-00030484 Schwinn Sprint Red Mens 10 Speed Bike
2011-00030757 R2 180 BlkSil Motor Scooter- No Serial Number Available
2011-00032006 Tacoma Trail MTB Zacko SilBlu, Men's, 21sp
2011-00032203 Mongoose FSG (Free Style Girl) Pink Girls BMX
2011-00032446 Novara Corsa Classic Series, Green Mens 24 Speed
2011-00034047 Magna Mtn Bicycle, Green, Womens
2011-00034051 Next Surge Childs 1sp, SilverGray
2011-00034150 Raleigh M20 Mountain Sport, Blue Men's 21sp, w(2) Locks
2011-00034298 Magna Glacier Point Blue Girls 15-sp
2011-00035503 Magna Precious Pearls PinkPur Girls BMX Bike
2011-00036181 Schwinn Frontier Blue Mens 21 Speed Bike
2011-00037110 Schwinn Ranger 2.4 PinkWhtBlk Girls 21sp Bike
POI.ICF
Property for Conversion Exhibit B
EDEN ,
'RfSAIREF
Case Number Property Description
2008-00031262 Digital Scale
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E.
Police Department/Chief Rob Southwest Hennepin Drug Task Force
Reynolds & City Attorney Ric Agreement
Rosow
Requested Action
Move to: Aprove the Southwest Hennepin Drug Task Force Agreement which will now
include the City of Hopkins and the City of St. Louis Park.
Synopsis
The City of Hopkins and the City of St. Louis Park will be joining the Southwest Hennepin Drug
Task Force. Their joining triggered a review of the existing SWHDTF agreement. This
agreement has been reviewed and approved by legal representation from all involved parties.
Attachment
Southwest Hennepin Drug Task Force Agreement
SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
This SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT is between the
County of Hennepin, the City of Eden Prairie, the City of Edina, the City of Hopkins, the City of
Minnetonka, the City of St. Louis Park and the other governmental units that subsequently agree to
its terms pursuant to the provisions herein("SWHDTF Agreement").
In 1996, the County of Hennepin, the City of Eden Prairie, the City of Edina and the City of
Minnetonka ("the Cooperative Parties") executed the DRUG TASK FORCE COOPERATIVE
AGREEMENT (the "1996 Agreement"). The Cooperative Parties have been, and currently are,
operating a drug task force pursuant to the 1996 Agreement. The Cooperative Parties hereby agree
that the 1996 Agreement is hereby amended such that it shall be replaced in its entirety with this
Agreement and that the provisions in the 1996 Agreement that by their nature are intended to
survive the termination of that Agreement, including but not limited to Article VII, Indemnification
and Insurance, shall survive with respect to matters occurring under or related to the 1996
Agreement. For all matters occurring hereunder or related hereto, this SWHDTF Agreement shall
apply and control the parties rights, duties and obligations.
The parties hereto acknowledge and agree that (i) this SWHDTF Agreement does not
terminate or dissolve the task force that has been operating under the 1996 Agreement; (ii) the task
force that has been operating under the 1996 Agreement shall continue in full force and effect
pursuant to the terms herein; (iii) the City of Hopkins and the City of St. Louis Park will join the
task force operating under the SWHDTF Agreement; (iv)that task force,which includes the City of
Hopkins and the City of St. Louis Park, may hereinafter be referred to as the Southwest Hennepin
Drug Task Force (SWHDTF or Task Force); and (v) the parties hereto agreed to be bound by the
terms herein.
The parties to this Agreement are units of government responsible for the enforcement of
controlled substance laws in their respective jurisdictions. The parties desire to work
cooperatively in the enforcement of controlled substance laws and, for that purpose, are hereby
forming the Southwest Hennepin Drug Task Force pursuant to the authority conferred upon the
parties by Minnesota Statutes, § 471.59.
1. No Separate Entity. It is the intent of the parties that the SWHDTF does not constitute a
separate municipal entity under Minnesota law.
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2. Definitions:
(a) Agent means a peace officer, employed by a member, who is assigned to the
Task Force.
(b) Operating Committee or Committee—means the committee established to
administer the Task Force.
(c) Fiscal Agent means a governmental unit that is a Member of the Task Force
and is responsible for the administration of financial and accounting functions for
the Task Force as set forth herein.
(d) Member—means a governmental unit that is a signatory to this agreement.
(e) Task Force means this Southwest Hennepin Drug Task Force.
(f) Lead Agent—the Hennepin County Sheriff's Office supervisor appointed to direct
investigative activities pursuant to the terms herein.
3. Members.
3.1 The initial members of the Task Force are the following Governmental Units:
Hennepin County
City of Eden Prairie
City of Edina
City of Hopkins
City of Minnetonka
City of St. Louis Park
3.2 The Members shall cooperate and use their best efforts to ensure that the various
provisions of the Agreement are fulfilled. The Members agree to act in good faith to undertake
resolution of disputes, if any, in an equitable and timely manner and in accordance with the
provisions of this Agreement.
3.3 A governmental unit, as defined by Minn. Stat. §471.59, may join the Task Force and
become a Member upon(i) approval by the Committee; and(ii) execution of a copy of this
Agreement, or a counter-part, by the governmental unit's governing body.
4. Term.
4.1 This Agreement shall commence on January 1, 2012 and terminate December 31, 2014
unless terminated earlier in accordance with the provisions herein. This Agreement shall be
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automatically extended for successive three-year terms upon the same terms, conditions, and
covenants, unless a majority of the Members votes to dissolve the Task Force prior to expiration
of the then current term.
5. Powers and Duties of the Task Force.
5.1 The Task Force shall perform the activities and duties described herein including but not
limited to the following:
(a) Disrupt the illicit drug traffic in the southwest suburban areas of Hennepin County by
immobilizing targeted violators and trafficking organizations; and
(b) Conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the Task Force activities result in effective
prosecution.
5.2 To accomplish the objectives herein, all Task Force Members shall assign at least one
peace officer, duly licensed pursuant to Minnesota Statutes, to the Task Force ("Agent").
5.3 Unless otherwise provided herein, each Agent should be assigned for a minimum period
of three years. However, assignments shall be at the pleasure of both the Operating Committee
and the officer's employing agency and may be terminated by either one at any time. Upon
termination, for any reason, of any Agent's assignment to the Task Force, the Member shall,
within forty-five (45) days, assign another Agent pursuant to its obligations herein.
5.4 Nothing herein is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties hereto or as constituting one of
the Members as the agent, representative or employee of another Member for any purpose or in
any manner whatsoever, except as specifically stated otherwise in this Agreement. Personnel
assigned to the Task Force by one of the Members shall not be considered temporary or
permanent employees of the Task Force or of any other Member for any purpose whatsoever or
be entitled to tenure rights or any rights or benefits by way of workers compensation, re-
employment insurance, medical and hospital care, sick and vacation leave, severance pay, PERA
or any other right or benefit of another Member.
5.5 The Members acknowledge that it is their sole responsibility to provide all applicable
salary compensation and fringe benefits to their employees including but not limited to the
assigned Agents, Lead Agent and Committee Members (as defined herein). Benefits may
include, as applicable, but are not limited to: over-time, health care, disability insurance, life
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insurance, re-employment insurance, FICA, Medicare, and PERA.
5.6 Except as otherwise provided herein, each Member shall, at the Member's sole cost and
expense, provide its personnel with vehicles, vehicle insurance, radios and law enforcement
equipment necessary to performance hereunder. The cost of operating the vehicle, including but
not limited to fuel, maintenance and repair of the same, shall be paid from the Task Force Funds
(as defined below).
5.7 Except for seized motor vehicles, all evidence and/or property seized by the Task Force
or its Agents, while said Agents are acting within the scope of this SWHDTF Agreement, shall
be inventoried and stored temporarily at a secure, designated area within a City of Eden Prairie
facility. The stored evidence and/or property shall be secure at all times. At the direction of the
Lead Agent, such inventoried evidence and/or property shall be subject to subsequent transfer to
the Hennepin County Sheriff's Office's Crime Lab Property Room, or to another secure facility,
for secure storage. Seized motor vehicles shall be stored in an impound area designated by the
Lead Agent.
5.8 The Members, Committee Members, Agents, Lead Agent and other personnel shall
abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and
orders relating to data privacy or confidentiality. In the event a request for data is made pursuant
to the MGDPA, Hennepin County shall, in collaboration with the other Members, coordinate the
response thereto.
5.9 Media coverage of Task Force activities, including the dissemination of all press releases
must reference each Task Force Member agency, and shall be coordinated through the Hennepin
County Sheriffs Office's media specialist or his/her designee. The Hennepin County Sheriffs
Office's media specialist shall consult and collaborate with all Members regarding extraordinary,
unusual and non-standard media matters.
5.10 The Members, Committee Members, Lead Agent, Agent and other personnel shall
comply with applicable state and federal law.
6. Operating Committee.
6.1 The Task Force shall be administered by the Operating Committee. Each Member shall
assign its chief law enforcement officer, or his/her designee, to serve on the Committee
("Committee Member"). The Committee Member may not be the Agent or the Lead Agent
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assigned pursuant to the terms herein.
6.2 Committee Members shall not be deemed employees of, nor be compensated by Task
Force Funds.
6.3 The Committee will select from its members a chair to conduct meetings and other
officers as may be appropriate.
6.4 The Committee shall approve or amend the Task Force's annual operating budget. As
necessary, the Committee shall, pursuant to said budget, authorize expenditures for acquisition of
law enforcement equipment not provided by the Members or Agents, office equipment and/or
any other equipment, supplies, goods, services or other commodities necessary for operation of
the Task Force. The Committee shall designate one Member to act as the purchasing agent for
such purchases.
6.5 The Committee shall meet as needed. A meeting may be called by any Committee
Member, or the Lead Agent.
6.6 The affirmative vote of at least two-thirds of all Committee Members is required to:
(a) Approve or amend the budget;
(b) Approve the distribution of Task Force funds, monies and proceeds pursuant to the
terms herein;
(c) Remove a designated Fiscal Agent or Lead Agent;
(d) Add an additional Member pursuant to the terms of Section 3.
Unless otherwise specified herein, in all other matters, the Committee may take action based on
the vote of a simple majority. A quorum shall exist, and votes may be taken, if a majority of the
Committee Members or their designees are present. A Committee Member's proxy or designee
may vote on behalf of the Committee Member. In the event the Committee is voting to remove
a designated Fiscal Agent or Lead Agent, that Agent's Committee Member is entitled to a vote
on the matter.
6.7 The Committee may designate one or more of the Members as the agent for the Task
Force to apply for and receive grants, enter into contracts, incur expenses and make
expenditures necessary and incidental to the effectuation of its purposes and consistent with its
powers.
6.8 The Committee may recommend changes in this Agreement to its Members. This
Agreement may only be amended in writing by duly authorized execution by the Member's
governing body.
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6.9 The Committee must adopt policies and procedures to ensure that the work of the Task
Force and all Agents comply with applicable law and generally accepted law enforcement
management practices, including the following areas:
(a) Accountability of the Lead Agent;
(b) Legality of seizures and forfeitures;
(c) Inventory and accounting of seized evidence, funds, and vehicles; and
(d) Centralized management of case files.
7. Agents.
7.1 As indicated herein, each Member shall assign one licensed peace officer to serve on the
Task Force. Each Agent shall be assigned to the Task Force on a full-time basis for at least three
years. Additionally, the City of Eden Prairie shall assign one confidential administrative
employee to assist the Task Force.
7.2 Each assigned Agent shall be a duly licensed peace officer pursuant to Minnesota
Statutes and shall comply the licensing, education and training requirements set forth in
Minnesota Statutes Section 471.59, subd. 12.
7.3 While assigned to the Task Force, all Agents shall be under the direct supervision and
control of the Lead Agent or his/her designee.
7.4 All agents assigned to the Task Force shall comply with the policies, procedures and
rules adopted by the Task Force Committee and the Lead Agent. In areas where the Task Force
Committee has not adopted a policy or rule, then personnel assigned to the Task Force shall
comply with the policies and rules promulgated by their employing agency. The Task Force
Lead Agent, or his or her designee, shall refer disciplinary matters or other instances of
misconduct involving an Agent to the Agent's Chief Law Enforcement Officer for investigation,
referral, or disposition. However, nothing herein shall be construed to prevent the Task Force
Lead Agent from reporting suspected criminal conduct directly to an outside agency for
investigation.
7.5 At the direction of the Lead Agent, Agents will be responsible for drug investigation,
including information management, case development, and case charging. Agents may also
assist other Agents in surveillance and undercover operations. Task Force Agents will work
cooperatively with assisting agencies. Agents acting under this Agreement in the jurisdiction of
another Member are acting in the line of duty and in the course of employment and are
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authorized to exercise the powers of a peace officer therein. Each Agent shall be responsible for
necessary communications to the Agent's Committee Member and employing agency.
7.6 Agents assigned to the Task Force, while acting within the scope of this Agreement and
scope of their employment as a licensed peace officer but beyond the boundaries of their
respective jurisdictions, shall have full and complete authority of a peace officer as though
appointed by the governmental unit in which he/she is operating.
8. Lead Agent.
8.1 Unless replaced by the Committee pursuant to the terms herein, the Committee Member
from Hennepin County shall appoint a licensed peace officer to serve as the Task Force's Lead
Agent.
8.2 The assigned Lead Agent shall be a duly licensed peace officer pursuant to Minnesota
Statutes and shall comply with the licensing, education and training requirements set forth in
Minnesota Statutes Section 471.59, subd. 12.
8.3 The Lead Agent shall direct investigative activities based on intelligence provided by or
to the Task Force Members with priority given to case investigations that directly impact the
Members' communities. In accordance with the policies and rules promulgated by the Lead
Agent's employing agency, the Lead Agent shall perform the following tasks:
(a) Guiding and directing the activities of personnel assigned to the Task Force;
(b) Establishing goals,priorities, and work assignments;
(c) Reviewing and approving reports;
(d) Scheduling assigned personnel;
(e) Providing input on employee evaluations, if requested;
(f) Allocating overtime work, if necessary;
(g) On a monthly basis,providing each Member with an"Activity Report"which
shall include, but is not limited to, expense and scheduling records, informant files
and related payment; and
(h) Cooperating with other federal, state, and local law enforcement agencies to
accomplish the purpose for which the Task Force is organized.
9. Insurance and Indemnification.
9.1 The Members must acquire and maintain a policy of liability and/or law enforcement
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insurance covering the activities of the Task Force and all Task Force Agents. This insurance
policy shall defend and indemnify the Members, Committee Members, Agents, Lead Agents
and other Task Force personnel as well as the Member's elected officials, officers, agents,
volunteers and employees for any liability, claims, causes of action,judgments, damages, losses,
costs or expenses, including reasonable attorney fees, (i) arising directly or indirectly from any
act or omission of any Member, Agent, Lead Agent, Committee Member or other Member
employees or personnel; or(ii) arising directly or indirectly from any Task Force activities or
operations; or(iii) arising from any decisions of the Task Force Committee.
9.2 Each party to this Agreement expressly declines responsibility for the acts or omissions
of another party. The parties to this Agreement are not liable for the acts or omissions of
another party to this Agreement except to the extent they have agreed in writing to be
responsible for the acts or omissions of the other parties.
9.3 Nothing in this agreement shall constitute a waiver of the statutory limits on liability set
forth in Minnesota Statutes Section 471.59, Chapter 466 or a waiver of any available immunities
or defenses, and the limits of liability under Minnesota Statutes Chapter 466 for some or all of
the parties may not be added together to determine the maximum amount of liability for any
party.
9.4 Nothing herein shall be construed to provide insurance coverage or indemnification to an
officer, employee, or volunteer of any Member for any act or omission for which the officer,
employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith.
9.5 Any excess or uninsured liability shall be borne equally by all the Members in equal
shares, but this does not include the liability of any individual officer, employee, or volunteer
which arises from his or her own malfeasance, willful neglect of duty, or bad faith.
9.6 Each Member shall be responsible for injuries to or death of its own personnel. Each
Member will maintain workers' compensation insurance or self-insurance coverage, covering its
own personnel while they are assigned to the Task Force or are otherwise participating in or
assisting with Task Force operations or activities. Each Member waives the right to, and agrees
that it will not bring any claim or suit against any other Member for any workers' compensation
benefits paid to its own employee or dependents, that arise out of participation in or assistance
with Task Force operations or activities, even if the injuries were caused wholly or partially by
the negligence of any other Member or its officers, employees, or volunteers.
9.7 Each Member shall be responsible for damages to or loss of its own equipment. Each
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Member waives the right to, and agrees that it will not, bring any claim or suit against any other
Member for damages to or loss of its equipment arising out of participation in or assistance with
Task Force operations or activities, even if the damages or losses were caused wholly or partially
by the negligence of any other Members or its officers, employees, or volunteers.
9.8 All insurance policies and certificates required under this agreement shall be open to
inspection by any Member and copies of the policies or certificates shall be submitted to a
Member upon written request.
10. Finances.
10.1 Task Force operations will be financed from forfeiture funds, monies, property or
proceeds from the sale of the same from Task Force cases, as wells as grant funds, drug
forfeitures, and any funds contributed by any Member pursuant to the terms herein ("Task Force
Funds"). All proceeds and monies generated by Task Force operations shall be returned to the
Task Force Funds. When the Task Force seizes property or funds in cooperation with other law
enforcement agencies, the Committee Chair and the Task Force Lead Agent will negotiate the
distribution of the forfeited funds with those agencies.
10.2 Upon Committee authorization to distribute funds and pursuant to the terms set forth
herein, funds, monies and proceeds shall be distributed in equal shares to each Member after
deduction of all Task Force costs and expenses herein stated.
10.3 Except as otherwise indicated herein, each Task Force Member shall contribute Ten
Thousand Dollars ($10,000) to the Task Force's Funds to be used pursuant to the terms herein.
Notwithstanding the foregoing, the parties acknowledge and agree to the following:
(a) Hennepin County, the City of Eden Prairie, the City of Edina and the City of
Minnetonka, each, has satisfied this obligation by making the required $10,000
contribution pursuant to the 1996 Agreement.
(b) Pursuant to the terms in Section 12, 13 and 14, distributions of Task Force Funds and
proceeds shall be with-held by the Members from St. Louis Park, Hopkins, and any other
future Members in lieu of said $10,000 obligation. Upon Committee approval of a
distribution, the Members shall debit each city's obligation for the amount of the
obligation that the city would have otherwise received. When the entire $10,000
obligation has been debited, any additional distributions shall be distributed according to
the terms herein.
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10.4 Hennepin County shall contribute an additional Twenty Thousand Dollars ($20,000) to
be used for informant/evidentiary expense purposes ("Buy Fund"). The parties acknowledge and
agree that Hennepin County has satisfied this obligations by making the required $20,000
contribution pursuant to the 1996 Agreement.
11. Fiscal Agent.
11.1 Unless replaced by the Committee pursuant to the terms herein, Hennepin County shall
serve as the Task Force's Fiscal Agent.
11.2 The Fiscal Agent shall serve as sole administrator of all funds contributed by Task Force
Members or otherwise received by the Task Force, and in such capacity is authorized to receive
all funds for deposit and make disbursements therefrom in accordance with law and generally
accepted accounting principles. In conjunction therewith, the Fiscal Agent shall maintain current
and accurate records of all obligations and expenditures of Task Force Funds in accordance with
generally accepted accounting principles. The Fiscal Agent shall receive and manage forfeiture
funds from Task Force operations on behalf of the Members and shall return forfeiture funds
pursuant to an order of a court of competent jurisdiction or at the direction of the Committee.
11.3 The Fiscal Agent shall provide each Committee Member and the Lead Agent with
quarterly financial and statistical reports pursuant to applicable financial and accounting
standards. The Task Force shall maintain all such reports and related records for a period of six
(6)years after dissolution of the Task Force.
11.4 The Fiscal Agent shall cause to be made an annual audit of the books and accounts of the
Task Force and shall make and file a report to Committee Members which includes the following
information:
(a) The financial condition of the Task Force;
(b) The status of all Task Force projects;
(c) The business transacted by the Task Force;
(d) The receipt and disbursement of funds, monies,proceeds or other property;
(e) All Task Force distributions of funds, monies and proceeds;
(I) Quarterly financial reports;
(g) Other matters which affect the interests of the Task Force.
11.5 If Task Force Funds are insufficient to fund Task Force operations, the Committee may
request that the Members provide additional sustaining contributions to the Task Force Funds
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and the Buy Fund.
11.6 The Task Force's Funds may be expended by the Committee in accordance with this
Agreement in a manner determined by the Committee. In no event shall there be an expenditure
of Task Force Funds except in accordance with the approved budget.
11.7 Each Member agrees that any other Member, the State Auditor, or 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 Task Force, or the Member, and involve transactions relating to this SWHDTF
Agreement. As necessary, the Fiscal Agent shall transcribe any Task Force books, documents,
papers, records etc which are pertinent to the accounting practices and procedures of the Task
Force.
12. Member Withdrawal.
12.1 A Member may withdraw from the Task Force by providing written notice to the
Committee.
12.2 This SWHDTF Agreement shall apply and control the withdrawing Member's rights,
duties and obligations with respect to all matters occurring while a Member or related to being a
Member including but not limited to matters occurring under or related to the 1996 Agreement.
12.3 Unless the Committee agrees to a shorter time period, the Member's obligation to the
Task Force, including but not limited to assigning an Agent shall continue for sixty (60) days
following notice. A withdrawing Member's right to vote shall terminate upon the expiration of
such Member's obligations to the Task Force as set forth pursuant to the preceding sentence.
12.4 The withdrawing Member shall not be entitled to any distribution of funds or share of
Task Force property after the expiration of the Member's obligations to the Task Force as set
forth in the first sentence of section 12.3. Property owned by the Member but in the Task
Force's possession shall be returned, transferred and/or distributed to the withdrawing Member.
In the event the City of St. Louis Park, the City of Hopkins, or a future Member withdraws
pursuant to these provisions before in-lieu-of distributions have satisfied their obligation to
contribute $10,000 to the Task Force (pursuant to Section 10), the withdrawing city shall pay
whatever amount remains unsatisfied at the time of their withdrawal.
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13. Member Removal.
13.1 The Committee may, upon a majority vote of all Committee Members, remove any
Member if that Member fails to comply with the terms of this SWHDTF Agreement, fails to
properly and timely fulfill its obligations hereunder, violates any of the covenants, agreements or
stipulations herein, or for other good cause. The Committee Member for the Member subject to
removal is entitled to a vote on the matter.
13.2 The removed Member shall not be entitled to any distribution of funds or share of Task
Force property. Property owned by the Member but in the Task Force's possession shall be
returned, transferred and/or distributed to the removed Member. The Committee shall determine
the effective date of the Member's removal and shall establish the Member's duties and
obligations pending removal. In the event the City of St. Louis Park, the City of Hopkins, or
future Member is removed pursuant to these provision before in-lieu-of distributions have
satisfied their obligation to contribute $10,000 to the Task Force (pursuant to Section 10), the
removed city shall pay whatever amount remains unsatisfied at the time of their withdrawal.
13.3 This SWHDTF Agreement shall apply and control the removed Member's rights, duties
and obligations with respect to all matters occurring while a Member or related to being a
Member including but not limited to matters occurring under or related to the 1996 Agreement.
A removed Member shall not be relieved of any liability incurred during the time while the
Member was participating in the Task Force. The Members are entitled to exercise all legal
rights and remedies toward the removed Member and nothing herein shall be construed to limit,
modify or restrict those rights and remedies.
14. Task Force Dissolution.
14.1 Upon a majority vote of all Members entitled to vote on Task Force matters, the Task
Force may be voluntarily dissolved.
14.2 In the event the Task Force is involuntarily dissolved or voluntarily dissolved pursuant to
the terms herein, the Committee shall provide for the distribution and transfer of all Task Force
funds and assets in the following manner:
(a) Governmental units that have not been Members, continuously, for thirty-six (36)
months preceding the Committee's dissolution of the Task Force shall not be entitled to
any distribution of funds or share of Task Force property. Property owned by the
Member but in the Task Force's possession shall be returned, transferred and/or
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distributed to the Member. In the event the Task Force is so dissolved before the in-lieu-
of distributions have satisfied the City of St. Louis Park's, the City of Hopkins', or a
future Member's obligation(s) to contribute $10,000 to the Task Force (pursuant to
Section 10), the city shall pay whatever amount remains unsatisfied at the time of their
withdrawal.
(b) Governmental units that have been Members, continuously, for the 36 months
immediately preceding notice of dissolution shall be entitled to the following
distributions:
(i) The first $20,000 of the Task Force's monetary assets and funds shall be
distributed to Hennepin County to repay its Buy Fund contribution;
(ii) the Task Force's remaining monetary assets and funds shall distributed
pursuant to the Distributional Share of Monetary Assets and Funds calculation set
forth below.
(iii) Property owned by the Member but in the Task Force's possession shall be
returned, transferred and/or distributed to the Member;
(iv) the Committee may, upon a majority vote of all Committee Members entitled
to a share hereunder, elect to liquidate and/or sell non-monetary Task Force assets
and the proceeds distributed as Proportional Share.
(v) non-monetary Task Force assets not liquidated or sold shall be distributed in
Proportional Share at current market value, in like-kind and/or as the parties
otherwise agree;
(c) The thirty-six (36) month period immediately preceding dissolution of the Task
Force, as indicated above, will be measured from the date the Member executes this
SWHDTF Agreement pursuant to the terms herein through the date that a majority of the
Members affirmatively votes to dissolve the Task Force.
(d) The term "Proportional Share", as used herein, shall mean the proportion of the
applicable Members number of years of participation in the Task Force, including
participation under the 1996 Agreement, as a share of the total years of participation of
all Members so entitled to said share. A fraction of a year will be counted as a full year if
the fraction is at least 50%.
(e) the "Distributional Share of Monetary Assets and Funds" calculation shall be
performed as follows:
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(i)the Fiscal Agent shall record the Task Force's monetary assets and funds on
January 1, 2012 ("Monetary Assets and Funds Attributable to the 1996
Agreement");
(ii) the Monetary Assets and Funds Attributable to the 1996 Agreement shall be
distributed, in equal shares, among the County of Hennepin, the City of Eden
Prairie, the City of Edina, and the City of Minnetonka;
(iii) then, additionally, the remaining funds shall be distributed to all eligible
Members, including but not limited to the County of Hennepin, the City of Eden
Prairie, the City of Edina, the City of Minnetonka, pursuant to Proportional Share
calculation herein.
15. Additional Provisions
15.1 This agreement may be executed in several counterparts, each of which shall be an
original, all of which shall constitute but one and the same instrument.
15.2 Except as provided herein regarding the 1996 Agreement, the entire SWHDTF
Agreement between the parties is contained herein and this SWHDTF Agreement supersedes all
oral agreements and negotiations between the parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this SWHDTF
Agreement.
15.3 Any alterations, variations, modifications, or waivers of provisions of this SWHDTF
Agreement shall only be valid when they have been reduced to writing as an amendment to this
SWHDTF Agreement signed by the parties.
15.4 Failure to insist upon strict performance of any provision or to exercise any right under
this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to
in writing. Such consent shall not constitute a general waiver or relinquishment throughout the
entire term of the SWHDTF Agreement.
15.5 The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations between the
parties and their performance.
15.6 If any provision of this Agreement is held invalid, illegal or unenforceable,the remaining
provisions will not be affected.
SIGNATURE PAGES FOLLOW
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SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney's Office
By:
Chair of Its County Board
Date:
ATTEST:
Deputy Clerk of County Board
Date:
By:
Assistant/Deputy/County Administrator
Department Director of
Date:
(signatures continued on additional pages)
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SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
CITY OF EDEN PRAIRIE
By:
Its Mayor
Reviewed by City
Attorney's Office:
And:
Eden Prairie City Attorney Its City Manager
(signatures continued on additional pages)
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SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
CITY OF EDINA
By:
Its Mayor
Reviewed by City
Attorney's Office:
And:
Edina City Attorney Its City Manager
(signatures continued on additional pages)
17
SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
CITY OF HOPKINS
By:
Its Mayor
Reviewed by City
Attorney's Office:
And:
Hopkins City Attorney Its City Manager
(signatures continued on additional pages)
18
SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
CITY OF MINNETONKA
By:
Its Mayor
Reviewed by City
Attorney's Office:
And:
Minnetonka City Attorney Its City Manager
(signatures continued on additional pages)
19
SOUTHWEST HENNEPIN DRUG TASK FORCE AGREEMENT
IN WITNESS WHEREOF, the undersigned Governmental Unit(s), by, action of their governing
bodies, caused this Agreement to be executed in accordance with the authority of Minnesota
Statutes, § 471.59.
CITY OF ST. LOUIS PARK
By:
Its Mayor
Reviewed by City
Attorney's Office:
And:
St. Louis Park City Attorney Its City Manager
(signatures continued on additional pages)
20
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Denise Christensen Release of Agreement Regarding Special
Public Works /Engineering Assessments
Requested Action
Move to: Approve the Release of Agreement Regarding Special Assessments for Lots 1 through
9, Block 1, Whispering Ridge.
Synopsis
In October of 2001, the City of Eden Prairie entered into an agreement regarding special
assessments with Stephen M. Alm and April M. Alm, husband and wife,pertaining to the levying of
special assessments for trunk improvements and Hilltop Road improvements.
Background Information
The improvements contemplated by the Agreement have been levied, therefore, the property should
be released from the Agreement Regarding Special Assessments.
Attachment:
Release of Agreement Regarding Special Assessments
(Top 3 inches reserved for recording data)
RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS
DATE: December 6,2011
FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota,legally described as follows:
Lots 1 through 9,Block 1,Whispering Ridge
Check here if all or part of the described real property is Registered(Torrens)
is hereby released from the Agreement Regarding Special Assessments,dated October 5,2001,executed between
the City of Eden Prairie and Stephen M. m and April M.Alm,filed on May 31,2001,as Document Number 3552762,in
the Office of the o County Recorder vRegistrar of Titles of Hennepin County,Minnesota.
CITY OF EDEN PRAIRIE
By:
Its:Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF IIENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2011 by
, and , the Mayor and City Manager, respectively, of the
City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation.
Notary Public
This instrument was drafted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC#07-5707 ITEM NO.: VIII.G.
Leslie Stovring Approve a Grant Agreement Amendment with
Public Works/Environmental the Metropolitan Council for the Riley Creek
Water Quality Creek Monitoring Station
Requested Action
Move to: Approve a Grant Agreement Amendment with Metropolitan Council Environmental
Services to provide tasks associated with monitoring and maintaining the Riley Creek
water quality monitoring station.
Synopsis
Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree
to collect samples from and maintain the equipment for the Riley Creek water quality monitoring
station south of Flying Cloud Drive in 2012. These samples will monitor the creek health and
allow the City to track the success of water quality improvement projects within the creek. The
funds for the monitoring will be paid in part by a grant by the Metropolitan Council ($4,000).
Remaining costs will be paid out of the stormwater utility fund.
Background Information
The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by
Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota
River. The City started contracting for monitoring and maintenance services with Barr
Engineering in 2008. The Metropolitan Council requested that the City take on monitoring and
maintenance duties associated with the station due to a lack of available staffing within the
Council. The Metropolitan Council provides limited funding for the station, the amount that will
be available for 2012 is $4,000.
Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution
Control Agency (MPCA) has requested that the data collected be entered into the State's water
monitoring database (STORET). This would make the data readily available to the MPCA for
when they start the Total Maximum Daily Load (TMDL) study in 2014. The data collected
would also allow the City track the success of actions taken under our Stormwater Permit to
improve the water quality of Riley Creek. The goal would be to request that the creek segment
be delisted in the future.
Attachment
Grant Agreement
CONTRACT SG2010-014
AMENDMENT NO.1 TO GRANT AGREEMENT BETWEEN
THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE
For the Metropolitan Area Watershed Outlet Monitoring Program(WOMP 2)
This Amendment No. 1 to Grant Agreement is made and entered into by and between the
Metropolitan Council(the "Council") and the City of Eden Prairie (the "Grantee") each acting by
and through its duly authorized officers.
WHEREAS:
1. The Council has entered into a grant agreement with the State of Minnesota
(referred to in this document as the "State Grant Agreement") whereby the state agrees to
provide certain funds for the purposes of the Metropolitan Area Watershed Outlet Monitoring
Program(WOMP 2).
2. Subsequently, the Council and Grantee have entered into a Grant Agreement,
Contract No. SG2010-014 dated May 18, 2010 ("Grant Agreement") which sets forth Council's
and Grantee's responsibilities with respect to the Metropolitan Area Watershed Outlet
Monitoring Program(WOMP 2)for the project undertaken by the Grantee and for which Grantor
has provided to Grantee grant assistance pursuant to the State Grant Agreement.
3. The Grant Agreement will expire on December 31, 2011.
1
4. The State of Minnesota and Council have entered into Amendment No. 1 to the
State Grant Agreement to extend the term of the State Grant Agreement and to make other
revisions to the Metropolitan Area Watershed Outlet Monitoring Program (WOMP 2).
5. Council and Grantee have mutually agreed that it is in their best interests to
extend the Grant Agreement and amend other terms and conditions of the Grant Agreement.
NOW, THEREFORE,
1. Delete Article III, Sections 3.01 and 3.02 (a) and (b) and substitute therefore the
following new Sections 3.01 and 3.02 (a) and(b):
3.01 Maximum Grant Amount. The Council shall pay to the Grantee an
original Maximum Grant Amount ("Original Maximum Grant Amount") of $8,000 and an
additional Maximum Grant Amount ("Additional Maximum Grant Amount) of $4,000.
Provided however, that in no event will the Council's obligation under this Agreement exceed
the lesser of:
a. The Original Maximum Grant Amount of $8,000 and an Additional
Maximum Grant Amount of$4,000 for a total Maximum Grant Amount("Total Maximum Grant
Amount") of$12,000; or
b. The actual amount expended by the Grantee on eligible expenses as
specified in paragraph 2.01. The Council shall 4iear no responsibility for cost overruns which
may be incurred by the Grantee in performance of the Grant Project.
3.02 Distribution of Grant Funds. Grant funds will be distributed by the
Council according to the following schedule:
a. As of the date of this Amendment No. 1, the Council has distributed to the
Gr-a4ee, ninety percent(90%) of the Original Grant Amount which equals the amount of$7,200.
2
b. Within ten (10) working days of Council execution of this Agreement, the
Council will distribute to the Grantee ninety percent (90%) of the Additional Grant Amount
which equals the amount of$3,600.
2. Article V Section 5.02 — Delete the date "January 31, 2012" from Section 5.02
and substitute therefore the date"January 31, 2013."
3. Article VI Section 6.01 —Delete the date "December 31, 2011" from Section 6.01
and substitute therefore the date "December 31, 2012."
4. The existing Exhibits A and B attached to the Grant Agreement are extended for
the term January 1, 2012 to December 31, 2012.
5. Add to Exhibit C attached to the Grant Agreement the Amendment No. 1 to State
Grant Agreement attached to this Amendment No. 1.
6. In all other respects the Grant Agreement remains the same.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to Grant
Agreement to be executed by their duly authorized officers on the date as set forth below. This
Amendment No. 1 is effective upon final execution by, and delivery to, both parties.
Date: GRANTEE:
By:
Name:
Title:
GRANTEE:
By:
Name:
3 Title:
METROPOLITAN COUNCIL
Date:
By:
Keith Buttleman,Asst. General Manger
Environmental Quality Assurance Dept.
DRAFTED BY:
Jeanne K. Matross
Associate General Counsel
License No. 68615
Metropolitan Council
390 Robert Street North
St. Paul,MN 55101
4
EXHIBIT C
7
AMENDMENT 1 TO GRANT AGREEMENT CFMS No. B38024
Agreement Start Date: January 29,2010 Total Agreement Amount: $521,500.00
Original Agreement Expiration Date: December 31,2011 Original Agreement: $326,500.00
Current Agreement Expiration Date: December 31,2011 Previous Amendment(s)Total: $0.00
Requested Agreement Expiration December 31,2012 This Amendment: $195,000.00
Date:
This amendment is by and between the State of Minnesota,through its Commissioner of the MINNESOTA
POLLUTION CONTROL AGENCY, 520 Lafayette Road North, Saint Paul, MN 55155-4194 ("STATE" or
"MPCA"), and the METROPOLITAN COUNCIL, 390 North Robert Street, Saint Paul, MN 55101
("GRANTEE").
Recitals
1. The State has a Grant with the Contractor identified as Metropolitan Area Watershed Outlet Monitoring Program 2010-
2011 2012, CFMS No.B38024 ("Original Grant")to provide the duties specified in Revised ATTACHMENT A_
dated 05/12/11, Project Work Plan, which is attached and incorporated into this Grant Agreement.
2. Grant is being amended to extend the expiration date of Grant Agreement by one year and increase Grant Agreement
to include an additional year of the same monitoring services that are currently being provided.
3. The State and the Contractor are willing to amend the Original Grant Agreement as stated below.
[Deletions are struck through,Additions are underlined]
REVISION 1.Clause 1 (1.2). "Term of Grant Agreement" is amended as follows:
1.2 Expiration date: December 3',2011 December 31,2012, or until all obligations have been satisfactorily fulfilled,
whichever occurs first.
REVISION 2. Clause 2. "Contractor's Duties" is amended as follows:
The GRANTEE shall conduct the"Metropolitan Area Watershed Outlet Monitoring Program 2010-
2042012"project by performing the duties specified in REVISED ATTACHMENT A-dated 05/12/11,
Project Work Plan, which is attached and incorporated into this Grant Agreement.
REVISION 3. Clause 4.1.(A)(C)"Consideration and Payment" is amended as follows:
(A) Compensation. GRANTEE will be paid in accordance with the breakdown of costs as set forth in the
budget section of Revised Attachment A-dated 05/12/11.
(C) Total Obligation. The total obligation of the MPCA for all compensation and reimbursements to the
GRANTEE under this agreement will not exceed: $326,500 (Three Hundred Twe„ty_Six Thousand
Five Hundred dollars). $521,500 (Five Hundred Twenty One Thousand Five Hundred dollars).
CR 3273 1
AMENDMENT 1 TO GRANT AGREEMENT CFMS No. B38024
1. STATE ENCUMBRANCE VERIFICATION 3. MINNESOTA POLLUTION CONT OL AGENCY
Individual certifies that funds have been encumbered as
required by Minn.Stat."16A.15 and 16C.05. By:
(with del ated authority)
Signed:
Title:94S6slf-C '6YI� /iflk — b(O(S'V
Date: 3)1 1' It' Date: (. ,1-40'6--- Z 14
CFMS No.B38024
2. METROPOLITAN COUNCIL
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee as
required by applicable articles,bylaws,resolutions,or ordinances.
By:
Title: rZelAbi.i PA 1 t t M0 VirCtZtt31I
Date: ` A` tokx
roved as to form:
- e K.Matron.'
Associate General Counsel,Office of General Counsel
•
CR 3273 2
Revised ATTACHMENT A-dated 05/12/11
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES(MCES)
INTERAGENCY WATER MONITORING INITIATIVE
METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM
2010 20112012 WORKPLAN
(January,2010—December 31,2-044 2012)
Background:
Minnesota Statute 473.157, Water Resources Plan states: "To help achieve federal and state water
quality standards, provide effective water pollution control, and help reduce unnecessary
investments in advanced water treatment, the Metropolitan Council shall adopt a water resources
plan that includes management objectives and target pollution loads for watersheds in the
Metropolitan Area..."
Water quality monitoring information is needed for assessing current watershed conditions,
developing total maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota
Pollution Control Agency(MPCA) and local partners, and measuring progress toward achievement
of TMDL goals and water quality standards, as non-point source best management practices
(BMPs)are implemented in these watersheds. In 2006,MCES and MPCA executed an interagency
agreement that pledges MCES support for water quality monitoring and modeling of Metropolitan
Area streams,as a key part of the MPCA's TMDL planning process.
To date, MCES has established 26 automated stream monitoring sites in 23 of 46 Metro Area
watersheds draining to the Mississippi, Minnesota, and St. Croix Rivers, for measurement of stream
flow, water quality, and pollutant loads. Of these 26 sites, 9 sites in 6 watersheds have been
monitored by the MCES Nonpoint Source Program, while 9 sites in 9 watersheds have been
monitored by the MCES Watershed Outlet Monitoring Program, Phase 1 (WOMP1). With funding
provided by the State of Minnesota during the 1998-1999, 2000-2001, 2002-2003, 2004-2005,
2006-2007,and 2008-2009 bienniums, via MPCA grants,an additional 8 sites in 8 watersheds have
been monitored by the Watershed Outlet Monitoring Program, Phase 2 (WOMP2).
Objective:
Operate and maintain 7 of the WOMP2 monitoring sites that were established and operated during
the 1998-1999, 2000-2001, 2002-2003, 2004-2005, 2006-2007, and 2008-2009 bienniums, for
measurement of stream flow, water quality,and pollutant loads.
The monitoring work described below (see Monitoring Description) will complement MCES
monitoring of stream flow, water quality, and pollutant loads at 18 sites in 15 Metro Area
watersheds,which has been ongoing since 1988.
This monitoring initiative will support the Environmental Quality Board's (EQB) state water plan:
"Minnesota Watermarks: Gauging the Flow of Progress 2000-2010", as well as monitoring
priorities detailed in the EQB report:"Managing for Water Sustainability: Report of the EQB Water
Availability Project". In addition, the program will support the MPCA's "Minnesota's Water
Monitoring Strategy: 2004-2014", as well as the goals detailed in Chapter 5 of the MPCA's
"Minnesota 2008-2012 Nonpoint Source Management Program Plan".
CR3273 1
Partners:
Local partners will include the City of Eden Prairie,the Lower Minnesota River and Valley Branch
Watershed Districts, the Dakota County, Scott County, and Wright County Soil and Water
Conservation Districts (SWCDs), the Minneapolis Park and Recreation Board, and the St. Croix
Watershed Research Station (Science Museum of Minnesota). To support and encourage the
participation of local partners, MCES provides $4,000.00 of state funding per year for each
monitoring site, to help offset each local partner's costs for monitoring labor, mileage, and
materials and supplies. MCES then uses the remainder of the state funding to pay all costs for
monitoring equipment, monitoring station maintenance, utilities, laboratory analysis of water
samples,program coordination, data management, and report preparation.
Monitoring Type:
Condition Monitoring and Problem Investigation Monitoring
Monitoring Description:
During the 1998-1999, 2000-2001, 2002-2003, 2004-2005, 2006-2007, and 2008-2009 bienniums,
long-term water quantity/quality monitoring sites were established and operated at the outlets of 8
Mississippi, Minnesota, and St. Croix River tributaries throughout the Metropolitan Area.
Monitoring sites on Mississippi River tributaries include Bassett Creek,Cannon River, Crow River,
and Minnehaha Creek. Monitoring sites on Minnesota River tributaries include Eagle Creek,Riley
Creek,and Willow Creek. Valley Creek,tributary to the St. Croix River, also has a monitoring site.
These sites have been established and operated in partnership with local units of government (see
above). During the 2010-2012 period, MCES and partners will continue to operate all monitoring
sites except Willow Creek. In addition,MCES and partners can conduct supplementary monitoring
of Bassett and Minnehaha Creeks and other WOMP2 streams, as requested by MPCA,to meet any
targeted needs for surface water assessment data during the 2010-2012 period.
To ensure consistency and quality of the monitoring information obtained,MCES provides program
oversight and coordination, technical guidance, and assistance with site set-up, maintenance, and
operation. Monitoring sites will be operated by local partners, to the extent possible. Citizen
involvement in the monitoring effort will also be encouraged as opportunities arise.
At each monitoring site, stream stage and flow, temperature, and specific conductance will be
continuously measured with on-site instrumentation and dataloggers. In addition, turbidity will be
continuously measured at one site, using portable instrumentation that can be moved from site to
site when needed. Where feasible, precipitation will also be measured with an on-site, datalogging
rain gauge. During precipitation and runoff events (generally during the March-October period),
automated samplers will composite water quality samples over the event hydrograph. Grab samples
will be obtained during stream baseflow conditions. Monitoring of stream biota (biomonitoring)
will be incorporated into the monitoring effort to the extent practical. Local partners will download
dataloggers, help maintain sites and instrumentation, establish and maintain stream rating curves,
and collect and submit water quality samples (chemical and biological). For more information on
MCES stream monitoring protocols, please refer to the document: "Metropolitan Council
Environmental Services Quality Assurance Program Plan:Stream Monitoring"at:
CR3273 2
http://www.metroco unci 1.org!environment/RiversLakes/streams/documents/Stream%20Mon itoring
%20QA.PP_Revised 011l_Web_Reduced.pdf
The MCES Laboratory Services Section will analyze the water quality samples collected by local
partners. Water quality samples will typically be analyzed for a number of chemical water quality
variables, including: alkalinity, hardness, turbidity, total and volatile suspended solids, chemical
oxygen demand,total organic carbon, several forms of phosphorus (total and ortho), several forms
of nitrogen (total, Kjeldahl, nitrite, nitrate, and ammonia), chlorophyll-a, chloride, sulfate, and
Escherichia coli bacteria.
Synthesis and management of all data/information obtained from the monitoring sites will be
conducted by the MCES Environmental Monitoring and Assessment Section. Monitoring
information will be provided to the local partners on an annual basis,so that the information can be
used for documenting water quality trends, identifying water quality problems, preparing and
updating watershed and local comprehensive plans, preparing TMDL plans, and implementing
watershed best management practices (BMPs) for nonpoint source pollution abatement, as
appropriate.
Data and Reporting:
WOMP Data
All program monitoring data obtained during the 2010 2011 2012 period, including field data,
continuous monitoring data (stream flow, temperature, and specific conductance), precipitation
data, laboratory data, and biological monitoring data, will be available to the MPCA through the
MCES Environmental Information Management System(EIMS)and/or on an as-requested basis.
Rol Triennial Progress Report
The MCES Environmental Monitoring and Assessment Section will prepare a 2010-20112012
triennial progress report on the status of the "Metropolitan Area Watershed Outlet Monitoring"
Program. The 20104044- 2012 progress report will provide a triennial summary of the program,
including program accomplishments and results,measures of monitoring success,recommendations
for continuing the monitoring(or not), recommendations for modifying the monitoring approach(if
needed), and a suggested budget for the 2012 2013 2013-2014 biennium. The 2010-2011 2012
triennial progress report will be provided to the MPCA by February 29, 2012 February 28,2013.
Measurable Outcomes:
• Operation and maintenance of 7 "Metropolitan Area Watershed Outlet Monitoring Program"
(WOMP)monitoring sites as described above.
• Active cooperation with and assistance to the local water monitoring partners listed above in
operating and maintaining the 7 sites.
• Measurement of the water quality parameters listed above according to the schedule specified
above.
• Laboratory analysis of the collected water quality samples as listed above.
• Storage and management of all data resulting from the water quality monitoring and
laboratory analysis.
CR3273 3
• Provision of the data to the MPCA and to local partners on an annual basis and as requested
so that the information can be used for water quality management efforts as described above.
• Provision of a triennial progress report on the status of the monitoring program as specified
above.
Time Frame: January,2010 through December 31,2011 2012.
Budget:
$325,500 for the 2010-2011 period (includes 1.0 FTE), per the original Grant Agreement (CFMS
No.B38024): $163,250 in 2010; $163,250 in 2011. $195,000 for 2012(includes 1.0 FTE),per the
Amendment to the original Grant Agreement. A more detailed twe three-year budget is presented
below.
2010(January,2010-December 31,2010)
Labor:
MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 84,000
Local Monitoring Partners: $ 28,000
MCES Analytical Costs: $ 17,500
• Monitoring Site and Equipment Maintenance: $ 8,500
Monitoring Materials and Supplies: $ 10,000
Monitoring Equipment(Capital): $ 5,000
MCES Vehicle Expense(Fuel and Repairs): $ 1,650
Monitoring Site Utilities: $ 8,350
Training and Travel(MCES Staff): $ 250
Total 2010: $ 163,250
2011 (January 1,2011 -December 31,2011)
Labor:
MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 84,000
Local Monitoring Partners: $ 28,000
MCES Analytical Costs: $ 17,500
Monitoring Site and Equipment Maintenance: $ 8,500
Monitoring Materials and Supplies: $ 10,000
Monitoring Equipment(Capital): $ 5,000
MCES Vehicle Expense(Fuel and Repairs): $ 1,650
Monitoring Site Utilities: $ 8,350
Training and Travel (MCES Staff): $ 250
Total 2011: $ 163,250
•
2010-2011 (January,2010—December 31,2011) Total: $326,500
•
CR3273 4
2012(January 1,2012-December 31,2012)
Labor:
MCES Staff(Salary/Benefits/OT for 1.0 EMA FTE): $ 84,000
Local Monitoring Partners: $ 28,000
MCES Analytical Costs: $ 44,000
Monitoring Site and Equipment Maintenance: $ 8,500
Monitoring Materials and Supplies: $ 10,000
Monitoring Equipment(Capital): $ 10,000
MCES Vehicle Expense(Fuel and Repairs): $ 1,850
Monitoring Site Utilities: $ 8,400
Training and Travel(MCES Staff): $ 250
Total 2012: $ 195,000
2010-2012(January,2010—December 31,2012) Total: $521,500
Contact:
Kent Johnson Phone: 651-602-8117
Manager FAX: 651-602-8220
Environmental Monitoring and Assessment Section E-Mail:kent.johnson@metc.state.mn.us
Metropolitan Council Environmental Services
2400 Childs Road
St.Paul,MN 55106
Leigh Harrod Phone: 651-602-8085
Senior Environmental Scientist FAX: 651-602-8220
Environmental Monitoring and Assessment Section E-Mail: leigh.harrod@metc.state.mn.us
Metropolitan Council Environmental Services
2400 Childs Road
St.Paul,MN 55106
CR3273 5
CITY COUNCIL AGENDA I DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 11-5804 ITEM NO.: VIII.H.
Robert Ellis Award Contract to Greystone Construction
Public Works/Engineering Company for the Structural Strengthening of
the Salt/Sand Storage Facility
Requested Action
Move to: Award Contract for the Structural Strengthening of the Salt/Sand Storage Facility
to Greystone Construction Company in the amount of$162,900.
Synopsis
Bids were received on Thursday,November 17, 2011 for the Structural Strengthening of the
Salt/Sand Storage Facility. Three bids were received and are tabulated as follows:
Greystone Construction Company $162,900.00
Legacy Building Solutions, Inc. $189,877.00
Terranova, LLC $298,400.00
Background Information
The existing Cover-All facility used to house the City of Eden Prairie's salt and sand material for
winter deicing operations is structurally inadequate. A number of similar facilities fabricated by
Cover-All have collapsed across the country. A structural review of our facility uncovered it was
not designed for the proper snow and wind loading and has the potential for failure. This project
will correct that deficiency. In 2010, Cover-All, a Canadian company,was placed into
receivership and was liquidated.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 07-5690 ITEM NO.: VIII.I.
Randy Newton Approve Change Order No. 2 for the
Public Works /Engineering Singletree Lane Improvement Project
Requested Action
Move to: Approve Change Order No. 2 for the Singletree Lane Improvement Project.
Synopsis
Change Order No. 1, which totals $14,674.89, is the result of several field revisions that were
required during construction of the Singletree Lane Improvement Project.
Background Information
Construction on the Singletree Lane Improvement Project was substantially completed in the fall
of 2010 and was fully completed earlier this year. The change order is a result of several field
revisions that were required during construction and some repair work that was needed as a
result of winter maintenance operations.
Financial Implications
Change Order No. 2 results in a $14,674.89 increase in the total contract amount. With this
change order the contract amount is increased to $978,244.47.
Attachment
Change Order No. 2
November 7,2011
CHANGE ORDER NO. 2
Project: Singletree Lane at Flying Cloud Drive
Eden Prairie,Minnesota
SP 2744-59
City Project No.07-5690
To: Northwest Asphalt,Inc.
You are hereby directed to make the changes noted below in the contract.
Measured
ADD the following costs to the contract: Unit Unit Price Quantity Amount
1. Work Order 11
a. Bituminous Patch at Bobby and Steve's Lump Sum $785.04 1 $785.04
Entrance
2. Work Order 12
a. Catch Basin Casting Replacement Lump Sum $6,340.50 1 $6,340.50
3. Work Order 13
a. Tree Grate Replacement Lump Sum $7,549.35 1 $7,549.35
TOTAL ADDITIONS $14,674.89
ORIGINAL CONTRACT AMOUNT $ 947,625.65
TOTAL ADDITONS $ 30,618.82
TOTAL DELETIONS $ 0.00
TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ 14,674.89
TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 978,244.47
THE ABOVE CHANGES ARE APPROVED:
SRF CONSULTING GROUP,INC. CITY OF EDEN PRAIRIE
By By
Project E meer City Engineer
Date II/1/?oN Date
THE ABOVE CHANGES ARE ACCEPTED:
NORTHWEST ASPHALT,INC. CITY OF EDEN PRAIRIE
By By
Mayor
Date - Date
CHANGE ORDER NO. 2
•
Project: Singletree Lane at Flying Cloud Drive
Eden Prairie,Minnesota
SP 2744-59
City Project No.07-5690
ITEM DESCRIPTION OF CHANGES
1. WORK ORDER NO.11
a. Bituminous Patch at Bobby and Steve's Entrance:
Prior to placing the bituminous wearing course on Singletree Lane, the concrete driveway entrance to Bobby and
Steve's was replaced by others. The driveway replacement was done in two stages; City of Eden Prairie staff
requested that Northwest Asphalt patch the bituminous pavement after each stage. Payment for this item was
determined on a force account basis.
2. WORK ORDER NO.12
a. Catch Basin Casting Replacement:
Three catch basin castings were damaged by snow plows during the 2010-2011 Winter. Northwest Asphalt was
directed to remove and replace the damaged castings. This also resulted in removal and replacement of curb and
gutter and bituminous pavement.Payment for this item was determined on a force account basis.
3. WORK ORDER NO.13
a. Tree Grate Replacement:
The concrete walk around five tree grates cracked and needed to be replaced. Northwest Asphalt was directed to
remove the concrete walk around the tree grates, replace the frames, and revise the scoring pattern around the tree
grates.Payment for this item was determined on a force account basis.
K:ICivillln-Construction 171351 ConMan I ChangeOrd erg.docxx
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J.
Stuart Fox, Parks and Natural Contract for Professional Services for
Resources Manager, Parks and Round Lake Park, Phase I Improvements
Recreation
Requested Action
Move to: Approve the Standard Agreement for Professional Services proposal from Brauer
and Associates, LTD for the Round Lake Park, Phase I Improvements for design
and construction document services at a cost not to exceed $83,000.00.
Synopsis
Jason Amberg of Brauer and Associates, LTD. has provided a Professional Services Proposal
that addresses the City's request for design, construction documentation, and engineering
services related to the Round Lake Park, Phase I Project. Their proposal for the project includes
site plan development, building cosmetic upgrades, irrigation, construction bid documents,
geotechnical evaluation and engineering recommendations, cost estimates and administration
work with a not to exceed cost of$83,000.
Recommendation
The proposal from Brauer and Associates, LTD. is in line with our estimate and staff
recommends approval of this contract.
Attachments
Standard Agreement for Professional Services
Professional Services Proposal Letter
Standard Agreement for Professional Services
This Agreement is made on the 6`h day of December, 2011, between the City of Eden Prairie,
Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN
55344, and Brauer and Associates, LTD., (hereinafter "Consultant") whose business address is 10417
Excelsior Blvd., Suite Number One, Hopkins, MN 55343.
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 Design Services by Consultant for
the Round Lake Park, Phase I Improvements Project 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" 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 December 6, 2011 through project completion
in December 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 $ 83,000.00 for the services as described in Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Consultant will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
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4. City Information. The City agrees to provide the Consultant with the complete information
concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary, the
City shall obtain access to and make all provisions for the Consultant to enter upon
public and private lands or property as required for the Consultant to perform such
services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria,
including but not limited to, design and construction standards that may be required in
the preparation of the Work for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized
invoice for professional services performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked, rate
of pay for each employee, a computation of amounts due for each employee, and the
total amount due for each project task. Consultant shall verify all statements submitted
for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For
reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an
itemized listing and such documentation as reasonably required by the City. Each
invoice shall contain the City's project number and a progress summary showing the
original (or amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole or in
part by the City, the Consultant shall be paid for any services performed prior to receipt
of written notice from the City of such suspension, all as shown on Exhibit A.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of
special consultants, as described in Section 3B, and for other items when authorized in
writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: "I declare under penalty of perjury
that this account, claim, or demand is just and correct and that no part of it has been
paid."
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6. Project Manager and Staffing. The Consultant has designated Laurie Johnson to serve on the
Project. She shall be assisted by other staff members as necessary to facilitate the completion
of the Work in accordance with the terms established herein. Consultant may not remove or
replace these designated staff from the Project without the approval of the City.
7. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Hennepin County, Minnesota for professional services of the like kind.
8. Audit Disclosure. Any reports, information, data, etc. given to, or prepared or assembled by
the Consultant under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval. The
books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this
Contract. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota
Government Data Practices Act, to the extent the Act is applicable to data and documents in the
possession of the Consultant.
9. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this
provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City
terminates the Agreement because the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain
another consultant to undertake or complete the work identified in Paragraph 1.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under
this Agreement except as noted in the Scope of Work, without the express written consent of
the City. The Consultant shall pay any subcontractor involved in the performance of this
Agreement within the ten (10) days of the Consultant's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Consultant fails within that time to pay
the subcontractor any undisputed amount for which the Consultant has received payment by the
City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty payment
for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Consultant shall be awarded its
costs and disbursements, including attorney's fees, incurred in bringing the action.
11. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
12. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-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
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subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work. The Consultant further
agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act
of 1990.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by
the parties, unless otherwise provided herein.
17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant
shall abide by statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided. The Consultant and City, together with their respective agents and employees,
agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes
Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any
violation of statutes, ordinances, rules and regulations pertaining to the services to be provided
shall constitute a material breach of this Agreement and entitle the City to immediately terminate
this Agreement.
18. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses,
including reasonable attorney's fees, resulting directly or indirectly from a negligent 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.
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
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policy(ies) shall name the City as an additional insured for the services provided under
this Agreement and shall provide that the Consultant's coverage shall be primary and
noncontributory in the event of a loss.
B. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability on this Project:
Worker's Compensation Statutory Limits
. Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate
$2,000,000 Products — Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit (shall include coverage
for all owned, hired and non-owed vehicles.
Umbrella or Excess Liability $2,000,000
C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent
in coverage to ISO form CA 00 01, and shall include the following:
a. Premises and Operations coverage with no explosions, collapse, or underground
damage exclusion (XCU).
b. Products and Completed Operations Property Damage coverage. Consultant
agrees to maintain this coverage for a minimum of two (2) years following
completion of its work.
c. Personal injury with Employment Exclusion (if any) deleted.
d. Standard ISO CG0001 0196 Contractual Liability coverage, or its equivalent, and
a Separation of Insureds clause.
a Broad Form Property Damage coverage, including completed operations, or its
equivalent.
f. Additional Insured Endorsement(s) on ISO form CF 20 10 11 85, or its
equivalent, naming "the City of Eden Prairie." Additional insured coverage under
a July 2004 or later edition of said ISO form is not acceptable.
g. If the Work to be performed is on an attached community, there shall be no
exclusion for attached or condominium projects.
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h. "Stop gap" coverage for work in those states where Workers' Compensation
insurance is provided through a state fund if Employer's liability coverage is not
available.
Incidental Malpractice, Host Liquor Liability, and Blanket Contractual Liability
insurance applicable to the Consultant's performance under this Agreement.
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, in the insured's capacity as the
Consultant, if such legal liability is caused by an error, omission, or negligent act of the
insured or any person or organization for whom the insured is legally liable. Said policy
shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an
insured.
E. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant's sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. In addition to the requirements stated
above, the following applies to the insurance policies required under this Paragraph:
a. All polices, except the Professional Liability Insurance policy, shall be written on
an "occurrence" form ("claims made" and "modified occurrence" forms are not
acceptable);
b. All polices, 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 or restrictive modifications added, without thirty (30)
days prior written notice to the City.
A copy of the Consultant's insurance declaration page, Rider• and/or
Endorsement, as applicable, which evidences the compliance with this Paragraph
20, must be filed with City prior to the start of Consultant's Work. 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 bey° bvided to City not less than thirty (30) days prior to the expiration
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date of any of the required policies. City will not be obligated, however, to review such
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall not
relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of
Consultant's obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or
negligence attributable to the City (including sole negligence) and regardless of the extent
to which the underlying occurrence (i.e., the event giving rise to a claim which would have
been covered by the specified insurance) is attributable to the negligent or otherwise
wrongful act or omission (including breach of contract) of Consultant, its subcontractors,
agents, employees or delegates. Consultant agrees that this indemnity shall be construed
and applied in favor of indemnification. Consultant also agrees that if applicable law limits
or precludes any aspect of this indemnity, then the indemnity will be considered limited
only to the extent necessary to comply with that applicable law. The stated indemnity
continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from Consultant's
insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of the Agreement ("Information") shall become the property
of the City, but Consultant may retain copies of such documents as records of the services
provided. The City may use the Information for its purposes and the Consultant also may use
the Information for its purposes. Use of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Consultant, but any use of the Information by the City or the Consultant beyond the scope of the
Project is without liability to the other, and the party using the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
22. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to
this Service Agreement or the relationships which result from this Agreement shall be subject to
mediation as a condition precedent to initiating arbitration or legal or equitable actions by either
party. Unless the parties agree otherwise, the mediation shall be in accordance with the
Commercial Mediation Procedures of the American Arbitration Association then currently in
effect. A request for mediation shall be filed in writing with the American Arbitration Association
7
and the other party. No arbitration or legal or equitable action may be instituted for a period of
90 days from the filing of the request for mediation unless a longer period of time is provided by
agreement of the parties. Cost of mediation shall be shared equally between the parties.
Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed
upon by the parties. The parties shall memorialize any agreement resulting from the mediation
in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in
any court having jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Board of the City
shall have a financial interest, direct or indirect, in this Contract. The violation of this provision
renders the Contract void. Any federal regulations and applicable state statutes shall not be
violated.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
FIRM NAME
By:
Its:
8
10417 EXCELSIOR BOULEVARD
SUITE NUMBER ONE
l BRAUER & ASSOCIATES, LTD. HOPKINS, MN 55343
LAND USE PLANNING AND DESIGN TEL: 952-238-0831
FAX: 952-238-0833
December 2,2011
City of Eden Prairie
Attn:Jay Lotthammer,Director of Parks&Recreation
8080 Mitchell Road
Eden Prairie,MN 55344
RE: Professional Services Proposal—Round Lake Park Phase I Improvements
(Design Development, Construction Documents, and Bidding Services)
This letter proposal outlines a scope of services,fee schedule,and other elements,which, if approved, constitutes
an Agreement between the City of Eden Prairie,Minnesota,herein referred to as the OWNER, and Brauer&
Associates Ltd., herein referred to as the CONSULTANT.
The OWNER hereby retains the CONSULTANT to provide professional services required to complete Design
Development,Construction Document preparation,and Bidding Services for the Round Lake Park Phase 1
Site Improvements Project, located in the City of Eden Prairie, Minnesota,hereinafter referred to as the PROJECT.
The project involves redevelopment of the lakefront area to include new play areas,splash pad area,seating areas
with shade canopies,new plaza space at pavilion,and miscellaneous site and landscape improvements.
Brauer&Associates,LTD.will act as the overall project lead consultant and site designer for this project. We
have included the following"Key Sub-consultants"as part of our team for this project.
• DSO Architects for work related to pavilion structure and building,
o Primary contact—Dan O'Brien
• WSB&Associates,Inc.for site civil utilities and site structural
o Primary contact—Brian Bourassa
• Barr Engineering(Electrical Division)for site electrical design
o Primary contact-Scott Hutchins
• Water-in-Motion for site irrigation system design
o Primary contact—Timothy Malooly
• American Engineering Testing,Inc.for predesign geotechnical evaluation and recommendations
o Primary contact—Rob Flickinger
The CONSULTANT'S services shall include the following:
A. SCOPE OF SERVICES"A"—Design Development and Construction Document Preparation
i. Project Startup/Focus Meeting:The general purpose of the focus meeting is to allow the
Brauer team the opportunity to develop a very clear understanding of the scope of the project,
intended outcome,City's expectations of the consultant's services,confirm key individuals,
associations,committees,staff members,etc.who will be involved in the project or have
information that will affect the project,and general review and discussion about the issues and
concerns related to this project.
2. Site Plan Adjustments: Review and confirm the adopted master plan with the OWNER and
make minor adjustments necessary based on detailed basemap survey and direction from
OWNER.
3. Site Design Development: Preparation of design development documents for the OWNER
based on the City approved Master Plan prepared by Brauer&Associates,Ltd.dated November
2011 (including additions or deletions as directed by the OWNER). The Design Development
for these items and areas shall include the preparation of written text,plans and other drawings
Page I of 4
necessary to describe the design,materials,colors,textures in sufficient detail for the OWNER
to grasp the appearance and function of the improvements.
a. This includes review and use of appropriate design standards for listed facilities and
preparation of design development drawings.The drawings include refined site layout,
landscaping,grading,removals plans,site utility plans, site electrical plans,etc.and
details as required.Outline specifications, including general and technical sections,will
be prepared.The bid form outline will be prepared and used to estimate construction
costs.
b. An estimate of the cost to construct these improvements will be refined based on these
documents.From this estimate the OWNER shall determine which of the improvements
shall be included in the final phase of design,(Construction Documents).
4. Building Related Work(Pavilion and Building Exterior Cosmetic Improvements): The
estimated construction budget for this work is approximately$60,000 to S80,000. Currently we
are assuming the following,based on the master plan and discussions with city staff:
a. Pavilion:
i. Column aesthetic improvements(wood and stone veneer cladding)
ii. Roof modifications for increased daylight
iii. Painting underside of roof
b. Building:
Painting.
ii. Potential grouting of joints in existing blocks
5. Irrigation Design: The CONSULTANT's irrigation professional will prepare the irrigation
system design plan and specification for the modification/expansion of the lawn irrigation
system.
6. Construction Document Development: Preparation of final Construction Documents for the
improvements as approved by the OWNER for inclusion in this project.These documents shall
include plans and other drawings as necessary,as well as,specifications in sufficient detail for
the OWNER to pursue competitive bids for the construction of the improvements.
a. Exclusions: The Brauer Team will provide all of the professional design services,
required to complete the plans and specifications as required for bidding the
improvements for this project except the following items that are not anticipated:
i_ Hazardous waste engineering
ii. Archeological services
iii. Ecological design services
b. Product:One complete paper and digital set of construction drawings,specifications
and final estimate of probable construction costs.
The Brauer team shall provide coordination of these services should they be required and the
OWNER elect to hire others to complete work required.
7. Meetings to be held in Eden Prairie:
a. Project Startup/Focus Meeting
b. 25%complete design review meeting(site plan adjustments)
c. 50%complete design review meeting(design development and preliminary
construction documents)
d. 95%complete design review meeting(construction documents)
e. Intermediate staff review meetings as necessary
f. Select"Key Sub-consultant"members from Brauer Team will attend 2 of the design
review meetings above
Page 2 of 4
8. Product:
a. Summary notes from each meeting
b. One set of documents at 25%, 50%, and 95%complete design reviews
c. One set of specifications at 50%and 95%complete design reviews
d. One full set of final bid documents(plans and specifications)at 100%
e. Updated estimates at 50%and 95%complete design reviews
B. SCOPE OF SERVICES"B"—Bidding Procedures:
1. Bidding Procedures: The CONSULTANT will be responsible for administration of project
bidding/quoting,responding to contractor questions that arise,facilitating pre-bid meeting,
general correspondence,and preparation of all addenda as necessary. This task includes
attending the bid opening,review and tabulating of bids/quotes received,reviewing contractor
references,and recommendation of qualified contractor.
a. Meetings to be held in Eden Prairie:
i. Attendance at pre-bid meeting.
ii. Attendance at bid opening.
b. Product: One complete paper and digital set of all contract addenda,tabulation of bids,
letter of bid recommendation and other related correspondence.
C. SCOPE OF SERVICES"C"—Pre-Design Geotechnical Evaluation and Engineering
Recommendations-CONSULTANT will:
1. Provide up to four standard penetration test borings(ASTM:D1586),each to a depth of 10 feet
below existing grade
2. Arrange clearance of underground public utilities through Gopher State One-Call
a. NOTE: Does not include locating privately owned utilities
3. Seal the bore holes per MN Dept. of Health requirements
4. Dimension boring locations vertically and horizontally for reference
5. Perform soil laboratory testing, including moisture content testing
6. Prepare engineering report including logs of borings, lab test results,review of engineering
properties of soils,and recommendations regarding the preparation of subgrade for the
pavements and site improvements and comments on other items which may affect final
performance or constructability,such as frost heave and drainage considerations.
D. FEES FOR PROFESSIONAL SERVICES
1. For services as outlined in Paragraph A above,fees will be billed on an hourly basis with an
estimated total of Seventy Four Thousand Five Hundred Dollars($74,500.00),plus direct
expenses billed at cost plus 10%_
2. For services as outlined in Paragraph B above,fees will be billed on an hourly basis with an
estimated total of Six Thousand Dollars($6,000.00),plus direct expenses billed at cost plus 10%.
3. For services as outlined in Paragraph C above,fees will be billed on an hourly basis with an
estimated total of Two Thousand Five Hundred Dollars($2,500.00),plus direct expenses billed
at cost plus 10%.
Page 3 of 4
4. For additional services requested by the Owner,fees will be billed on an hourly basis according
to the following rate schedules:
Brauer and Associates,Ltd's Hourly Rate Schedule
Principal S110.001 Hour
L.A.Professional III $82.50 I Hour
L.A.Professional II $71.50/Hour
L_A.Professional I $55.00/Hour
Expenses related to additional services will be billed in addition to fees @ Cost+10%.
E. PAYMENT TO THE CONSULTANT
I. Invoices will be submitted to the OWNER on a monthly basis in proportion to the work completed.
2. Payments on account of the CONSULTANTS services are due and payable upon receipt of
CONSULTANTS invoice.
IN WITNESS HE OF the OWNER and the CONSULTANT have made and executed this Agreement,
this 57.6"-day of —G>cp i I f1 . ,2011.
Brauer&Associates,LTD.
10417 Excelsior Blvd. Suite One
Hopkins, Minnesota 55343
Signa
Jason L. Amberg,Vice President
HADOCSPR0M0TIONAL\PROMO-PR0POSALSt2011'Eden Prairie-Round Lake Phase 1 CDs4BrauerRound Lake Phi Proposal-design and bdding.doc
Page 4 of 4
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar December 6, 2011
DEPARTMENT/DIVISION:
Stuart Fox, Parks and Natural ITEM DESCRIPTION: Release of ITEM NO.: VIII.K.
Resources Manager, Parks and Agreement Regarding Special Assessment
Recreation
Requested Action
Move to: Approve the Release of Agreement Regarding Special Assessments and
Amendment to Agreement Regarding Special Assessments for Lot 1, Block 1; Lot 1,
Block 2; Lot 1, Block 3; Lots 1 and 2, Block 4; Outlot A; Outlot B: Fountain Place
Apartments, Hennepin County, Minnesota.
Synopsis
On December 21, 1987, the City of Eden Prairie entered into an Assessment Agreement and
Amendment with the property owners and regarding special assessments. The current property
owner Sun Life Assurance Company of Canada desires to donate and transfer Outlot A and B,
Fountain Place Apartments to the City. The improvements contemplated by the Agreement have
been levied and fully paid and therefore the property should be released from the Agreement
Regarding Special Assessments.
Background Information
On December 21, 1987 the City of Eden Prairie entered into an Assessment Agreement with
Lloyd Cherne, Joanne Cherne and CSM Corporation regarding special assessments pertaining to
the levying of special assessments for sanitary sewer, water and trunk improvements which was
filed March 25, 1988 with the Hennepin County Registrar of Titles as Document Number
1916700. The Agreement was amended on March 13, 1989, and filed with the Hennepin County
Registrar of Titles on September 6, 1989 as Document Number 20937279.
The title for Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 1 and 2, Block 4 is controlled
by the owners of the Fountain Place Apartments. Outlot A and B are owned by Sun Life
Assurance Company of Canada. They desire to donate/gift the title of Outlot A and B, Fountain
Place Apartments to the City. The improvements contemplated by the Agreement have been
levied and fully paid and therefore the property should be released from the Agreement
Regarding Special Assessments.
Attachment
Release of Agreement Regarding Special Assessment
(Top 3 inches reserved for recording data)
RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS AND
AMENDMENT TO AGREEMENT REGARDING SPECIAL ASSESSMENTS
DATE
FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota,legally described as follows:
Lot 1,Block 1;Lot 1,Block 2;Lot 1,Block 3;Lots 1 and 2,Block 4;Outlot A;Outlot B;Fountain Place Apartments,
Hennepin County,Minnesota.
Check here if all or part of the described real property is Registered(Torrens)x
is hereby released from the Agreement Regarding Special Assessments,dated December 21, 1987,executed between the City
of Eden Prairie and Lloyd G. Cherne and Joan A. Cherne and CSM Corporation,filed on March 25, 1988,as Document
Number 1916700,in the Office of the Registrar of Titles of Hennepin County,Minnesota, and filed on February 11,1988,as
Document Number 5376906,in the Office of the County Recorder of Hennepin County,Minnesota;
and the Amendment to Agreement Regarding Special Assessments,dated March 13, 1989,executed between the City of
Eden Prairie and Lloyd G.Cherne and Joan A.Cherne,CSM Corporation,Fountain Place Apartments Limited Partnership
and Fountain Place Apartments II Limited Partnership filed on September 6, 1989,as Document Number 2037279 in the
Office of the Registrar of Titles of Hennepin County,Minnesota and filed on August 17, 1989 as Document Number
5564696 in the Office of the County Recorder of Hennepin County,Minnesota.
CITY OF EDEN PRAIRIE
By:
Its:Mayor
By:
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of , 2011 by
, and ,the Mayor and City Manager,respectively, of the
City of Eden Prairie,a Minnesota municipal corporation,on behalf of said corporation.
Notary Public
This instrument was drafted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344
CITY COUNCIL AGENDA DATE: December 6, 2011
SECTION: Public Meeting
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Rick Getchow, Office of the Public Meeting on the 2012 Budget
City Manager
Requested Action
Move to:
• Close the Public Meeting
Synopsis
On September 6, 2011, the Eden Prairie City Council adopted a resolution certifying the
proposed 2012 City budget and property tax levy. Calculations for the City showed the budget
to be $41,466,168 and the certified levy to be $32,258,990.
The 2012 budget maintains City services with a budget increase of 3.9% in the general fund and
a total budget increase of 2.6%which includes the capital levy and debt service payments. The
general fund increase is actually 2.7% after the increase in Parks and Recreation Revenue is
taken into account. The tax levy is budgeted to increase .9% or $282,398. This is an increase of
$6.00 or .5% on median value home of$326,800.
According to state statute, the final levy amount must be certified to the county auditor by
December 28, 2011. City Council adoption of the final levy and budget will complete this
process.
This public meeting is to provide an opportunity for the public to comment on the 2012 proposed
budget.
EDEN
PRAIRIE
2012 BUDGET
Public Meeting
December 6th , 201
Pv7• , FA) \ I�„ 1446
urpose
PL; b : fr ic %
• Solicit public input on the City's
proposed tax levy and budget for
next year
• Requirement of State Law
• Held after property owners receive
their proposed property tax
statements for 2012
Other Dui ic MPMr -i �
• Hennepin County - November 29th
• Eden Prairie Schools - December
13th
• Metropolitan Council - December
14th
• State of Minnesota - None ( State 's
genera ' property tax affects seasonal
/ recreational and commercial /
i d , r , .- , • roperties) 4
t Value Homestead
Credit
• A new Market Value Homestead
Exclusion replaces the Market Value
Homestead Credit beginning for
taxes payable in 2012 .
History of Market Value
$ 11,000,000,000
$ 10,000,000,000
$9,000,000,000
$8,000,000,000 ,
$7,000,000,000
$6,000,000,000 I I 1111
Budget � . �
2011 2012 Difference Percent
Budget Proposed Change
Budget
General Fund $36,894,313 $38, 345, 174 $ ,450, 61 3 .9%
Debt Service 3,430,724 3,031, 100 (399,624) ( 11 . 6%)
Capital 89,894 89,894 0 0%
Improvement Levy
Total $40,414,931 $41,466, 168 $ 1,051,237 2.6%
t
1 � 1, � , , 4,
I /,ice ', i/ )1V144)
Genera ' Fsunk evenues
2011 2012 Difference Percent
Budget Proposed Change
Budget
Property Taxes $27,553,994 $28,286,229 $732,235 '' 2. 7%
License & Permits 1,628, 160 1,920, 125 291,965 17.9%
Intergovernmental 1,011,999 988,302 (23,697) (2. 3%)
Revenue
Charges for Services 3,403,281 4,077,921 674,640 19.8%
Other 1,683,282 11629,Q00 (54,282) (32%°)
Transfer In 270,000 270,000 0 0%
Total 1 $35,550,716 $37, 171,577 $ 1,620,8611 4.6%
General
Charges for Other
Intergovern- Services 4% rTransfers In
mental 11% /
1%
Revenue
3%
Licenses &
Permits
5%
Property
Taxes
76%
General
Expenditure
2011 2012 Difference Percent
Budget Proposed Change
Budget
69 007 $3,860,284 $ 163,277 4.4%
Community 2,062,280 2,068,357 6,077 0 . 3%
Development
Parks and ,000,388 ,571,582 71, 194 6.3%
Recreation o �a lm q
Police 11,827,341 12,304,849 477,508 4. 0%
Fire 4,989,744 5, 144,352 154,608 3 . 1 %
Public Works 5,317,553 5,395,750 78, 197 1 . 5%
A.
Total $3 6,8 li` 9I 3 $3 8,3 it , �u m uiiiiii��,i�� ���m ��u MAN � M 3• '71
1
, , ,
und
res
Comm.
Administrationo Development
Public Works 10 /o 5%
1 4%
Fire
14% Parks and
Recreation
25%
Police
32%
Debt
2011 2012 Difference
Budget Proposed
Budget
Debt:Levy:on:Tax:Capaci y
2005 Special Assessment Bonds $109,000 $109,000 0
2006 South West Fire Station.::::::::::.. 355,000 :.......:...::. 355,OOp , —__.. 0
2006 Equipment Certificates 255,000 0 ($255,000)
2008 Equipment Certificate......:.... 394,000 425,000 31,000
2009 Equipment Certificates 331,724 380,000 48,276
2009 Fire Station Facility..:::.......::.... 316,000 316,000 0
2011 Equipment Certificates 0 96,100 96,100
Debt Levy on Market Value
2003C Open Space Bonds 200,000 200,000 0
2003A Park Bond- 435,000 115,0001 ( 0,000)
2005 Parks Referendum 1,035,000 1,03500 0
Total �' ` 3,430,724 53,031,100 $ :9,fi2;
rAr '0 Pti\ i IA
\, ,ice t a i,,,, ,, ,14,..x‘
Property Summary
2011 2012 Difference Percent
Budget Proposed Change
Budget
,qIIpIImgllgllgllg11911pVIIpVIpIIpIIpIIpIIpIIpIIpkllpVlpllpllpllpllpllp pnpnpnpnpluIrrRN ..,: ,: ... IIIIII IIIIIII!Illlllll BBGBB9 .... ...... .
General Fund $27,999,013 $28,6 7►954 $648, 4._ . 33%
MVHC 490,042 490,042 0 0%
Capital 711 89,894 89,894 0 0%
Improvement
Debt Service 1,760,724 1,681, 100 (79,624) (4. 5%)
Market clue D bt 1, 70000 1,. 5 ,000 (32 ,000) (1 . 0o)_m
Less Fiscal Disparity ( 1,706,231) ( 1,673, 150) 33,081 ( 1 .9(%)
Distribution
/ — .0„
' Total $30,303,442 1 $30, 5,840 ' $ 81 1fll 3 8 0.9%
_,I
l+
t 41,, ,
Apr' 0
iir :-- r � � , \ 1i , , ,
1 / it 'j / i�
City Tax Impact
12/6/2011 2010/2011 2011/2012 Difference % Change
Residential $ 1,095 $ 1, 101 $6 . 57%
($326,800)
Apartment ($5M) $ 19,971 $21,357 $ 1,386 6.9%
Commercial ($2M) $7,543 $8, 155 $612 8. 1%
Commercial ($2M)* $7,543 $7,743 $200 2. 7%
*Estimated Fiscal Disparities Offset
Average Value Changes iii
Residential .4% Decreas-
Apartmen ii .8% Increase
t
ommercial - 2.17% D c , : iiiiX ;' r,
12/6/2011 2010/2011 2011/2012 Difference % Change
Residential $4,470 $4,469 ($ 1) ( . 02%)
($326,800)
Apartment ($5M) $80, 130 $85, 137 $5,007 6. 2%
Commercial ($2M) $72,210 $74,922 $2,712 3.8%
'At
r.- frk ', /,ice
Property Tax Distribution
Median Value Home *
Other
7%
Hennepin
� School County
District 272 36%
32% City of Eden
Prairie
25%
Resi Properties
TaxC 2011
Tax Decrease
for 56% of 111P-
homeowners
Tax Increase for
0.6% of
homeowners Tax Increase
(10% and over) for 42% of
homeowners
(0. 1%-4.9%)
Tax Increase for]
1.4% of
homeowners
(5.0%-9.9%)
Property Tax Distribution
Commercial Property *
Other City of Eden
3% � � � Hennepin Prairie
Fiscal County �
Disparities 16%
29%
School State
District 27 , General Ta
14% 27%
" � � �� 000 Market Value /,�414eX ltrt�� � .� e � /����
they cost ol city
Services
General Fund $82.87
Debt 8.62
Capital .26
Total $91 .75
Monthly Cost of City Services General Fund
Administration $8.34
Community Development 4.47
Parks & Recreation 20.69
Police 26.59
Fire 11 . 12
Public Works 11 .66
Total $82.87
City Tax Comparison
City Tax 2011
$1,800
$1,600
$1,400
$1,200
$1,000
$800
$600
$400
$200
$0 —
c,
/ �a tco e, Qta �� ��� ��o oa�� �e4 \��� �y� J��\
�� \e o \a' �t \e
Q sae �� �a� ° P9
.. .- �f,\ r - 300 000 H ;A
rj. ` r � � r , %r l � ` !A
ri 1 /,ice t
, / ice
• " 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
Past/ Present Efficiencies and
Innovations
• Police and Fire - Video and Mapping Technology
• Fire Department Purchasing Partnerships
• Community Development Service Partnerships
• Water Plant and Well Field Operations
• Public Works Utility and Street Repairs
• 20-40 - 15 Examples
• Fire Department - Modified Response Matrix
• Police Department - CompStat
• Deer Management Program
• Portabl - Toilets, Ice Ri ks, and Warming Houses
Upcoming Efficiencies and Innovations
• New City Website - Customer Relationship Management
• City Center Customer Service - Electronic Receipting and
Credit Card Acceptance
• On- Line Inspection Scheduling
• On- Line Permit/Application Review and Tracking
• Recreation Programs - Maximizing Space and Automated
Facility Booking
• "Volgistics"
• Fire Department Mobile Solutions
• Enhanced GIS Applications
• GreenStep City Initiatives
• Police - Commercial Vehicle Inspections
• Overal Perforr an - - , surement and Evaluati n
jr7- , rfri) /)r 'j i/ Pv1144)
Outcomp1—
• Maintain Services to 65 , 000 Residents &
2 , 500 Businesses
— Service
• 55,000 Police Calls, 1 ,330 Fire Calls
• 3,500 Street Lights
• 100,000 Participants in Park and Recreation Programs
— Maintain
• 43 Parks
• 261 Miles of Streets
• 24 Buildings
• 290 Vehicles
Goals for 2012 - 20 13
udget
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
► Continual review for service efficiencies and
innovations
► Overall
/ Continue to improve Eden Prairie's relative position in
fiscal comparisons with comparable cities
/ Preservp den Prairie's exceptional image inter ally
and ex -a nally
• Public Comment and Input on the
2012 Budget and Tax Levy
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
Office of the City Manager/ Resolution approving Amendment No. 3
Finance, Sue Kotchevar to the Tax Increment Financing Plan for
Tax Increment Financing District No. 10.
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt Resolution approving Amendment No. 3 to the Tax Increment Financing Plan for Tax
Increment Financing District No. 10.
Synopsis
The purpose of this Amendment No. 3 to the Amended Tax Increment Plan for Tax Increment
Financing District No. 10 (the TIF District) is to increase the total tax increment revenues and
expenditures of the District to provide for payment of previously incurred and anticipated future
public improvement costs within the District and Project Area. The amendment makes no other
modifications to the TIF District and does not result in an increase in the geographic size of the
TIF District. In addition, there is no additional estimated fiscal and economic impact due to this
amendment.
Background Information
TIF District No. 10 is a housing district established within Prairie Village Redevelopment Project
Area. The District was established February 18, 1986 and later modified March 7, 1989 and
administratively July 18, 2006. The statutorily-required decertification date is December 31,
2012.
Attachment
Amendment No. 3 to the Amended Tax Increment Financing Plan Interest Rate Reduction
Program for Tax Increment Financing District No. 10
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE TAX INCREMENT
FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 10
WHEREAS, the City previously approved a redevelopment plan (the "Project Plan") and
redevelopment project of the Housing and Redevelopment Authority in and for the City of Eden
Prairie (the "Authority"), under Minnesota Statutes, Sections 469.001 to 469.047 (the "Project
Plan"), designated as Prairie Village Redevelopment Project Area No. 2 (the "Redevelopment
Project"); and
WHEREAS, the City previously approved a tax increment financing plan and interest
rate reduction program of the Authority under Minnesota Statutes, Sections 469.174 to 469.1799,
designated as Amended Tax Increment Plan/Interest Rate Reduction Program for Tax Increment
Financing District No. 10 (the "Financing Plan"). The Financing Plan established Tax Increment
Financing District No. 10 (the "TIF District").
WHEREAS, the Authority is proposing Amendment No. 3 to the Financing Plan (the
"Amended Financing Plan") to increase the budget of the TIF District pursuant to and in
accordance with the Act; and
WHEREAS, the Board of the Authority, on December 6, 2011, adopted the Amended
Financing Plan, subject to approval by this City Council following a public hearing as described
below, and transmitted the Amended Financing Plan to this City Council for consideration; and
WHEREAS, members of the Board of County Commissioners of Hennepin County and
of the Board of Education of Independent School District No. 272 have been given an
opportunity to meet with the City and the Authority and comment on the Amended Financing
Plan. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, this Council, on
December 6, 2011, conducted a public hearing on the desirability of approving the Amended
Financing Plan. Notice of the public hearing was duly published as required by law in the Eden
Prairie News, the official newspaper of the City, on November 24, 2011. The City and the
Authority have [not] received written comments on the Amended Financing Plan from the
County and the School District after providing the County and the School District boards with
information on the fiscal and economic implications of the Amended Financing Plan not less
than 30 days before the date of the public hearing.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AS
FOLLOWS:
Section 1. Approval of Amended Financing Plan. On the basis of the Amended
Financing Plan and the information elicited at the public hearing referred to herein, it is hereby
found, determined and declared that:
(a) The District consists of a "project" as defined in Minnesota Statutes, Section
469.174, subdivision 8, and is a proper tax increment financing district within the
meaning of Section 469.174, subdivision 9. Based on the information in the Amended
Financing Plan and representations of the developer, the District consists of a project
intended for occupancy, in part, by persons or families of low and moderate income, as
defined in chapter 462A, Title II of the National Housing Act of 1934, the National
Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the
Housing Act of 1949, as amended, or similar present or future federal, state or municipal
legislation and the regulations promulgated thereunder, and that satisfies the income
limitations of Minnesota Statutes, Section 469.1761. The project to be constructed in the
District consists only of housing for individuals or families of low or moderate income,
and no commercial or other uses are contemplated therein. Therefore, the District
qualifies as a "housing district" within the meaning of Minnesota Statutes, Section
469.174, subdivision 11.
(b) The proposed development, in the opinion of the City, would not reasonably
be expected to occur solely through private investment within the reasonably foreseeable
future. Therefore, the use of tax increment financing is deemed necessary.
(c) The Amended Financing Plan conforms to the general plan for the
development or redevelopment of the City as a whole.
(d) The Amended Financing Plan affords maximum opportunity, consistent with
the sound needs of the City as a whole, for the development or redevelopment of the
proposed projects by private enterprise.
(e) Upon review of the Amended Financing Plan, the information elicited at the
public hearing and on the basis of the findings in (a)through(d) above, this Council
hereby approves the Amended Financing Plan.
Section 2. Filing. The City Clerk is hereby authorized and directed to file the Amended
Financing Plan with the Commissioner of Revenue and the Office of the State Auditor as
required by Minnesota Statutes, Section 469.175, subdivision 4a.
ADOPTED by the City Council of Eden Prairie this 6th day of December, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
City of Eden Prairie, Minnesota
Eden Prairie Housing and Redevelopment Authority
Amendment No. 3 to the
Tax Increment Financing Plan
Interest Rate Reduction Program
for
Tax Increment Financing District No. 10
Dated: December 6, 2011
Original Plan Adopted: February 18, 1986
Amended and Restated: March 7, 1989
Second Amendment: July 18, 2006
Third Amendment: December 6, 2011
Drafted by:
Dorsey& Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, Minnesota 55402
Springsted Incorporated
380 Jackson Street, Suite 300
St Paul, Minnesota 55101
INTRODUCTION
The purpose of this Amendment No. 3 to the Amended Tax Increment Plan for Tax
Increment Financing District No. 10 (the TIF District) is to increase the total tax increment
revenues and expenditures of the District to provide for payment of previously incurred and
anticipated future public improvement costs within the District and Project Area. The
amendment makes no other modifications to the TIF District and does not result in an increase in
the geographic size of the TIF District. In addition, there is no additional estimated fiscal and
economic impact due to this amendment.
2
AMENDMENT OF TAX INCREMENT FINANCING PLAN
The Amended Tax Increment Financing Plan/Interest Rate Reduction Program of the
Eden Prairie Housing and Redevelopment Authority, adopted February 18, 1986, amended and
restated March 7, 1989 and amended July 18, 2006 for Tax Increment Financing District No. 10
is hereby further amended as follows:
I. TAX INCREMENT FINANCING PLAN—TAX INCREMENT DISTRICT NO. 10
A. STATEMENT OF OBJECTIVES
[No Change]
B. CLASSIFICATION OF THE TIF DISTRICT
[No Change]
C. DEVELOPMENT PROGRAM
[No Change]
D. DEVELOPMENT ACTIVITIES
[No Change]
E. FINANCIAL ANALYSIS OF THE TIF DISTRICT
BUDGET: (JULY 18, 2006)
COSTS
Administration $ 100,000
Interest Rate Reduction 1,451,979
Public Redevelopment Costs 715,554
TOTAL COSTS $2,267,533
SOURCES
Tax Increments $2,267,533
TOTAL SOURCES $2,267,533
Above estimated costs and sources to be replaced with new budgeted costs and sources as shown
below as amended December 6, 2011
3
TOTAL BUDGET: (AS AMENDED DECEMBER 6, 2011)
COSTS
Administration $ 200,000
Interest Rate Reduction 1,451,979
Public Redevelopment Costs 715,554
Additional Housing Costs 187,467
TOTAL COSTS $2,555,000
SOURCES
Tax Increments $2,550,000
Investment Earnings $5,000
TOTAL SOURCES $2,555,000
The City reserves the right to administratively adjust the amount of any of the items
listed above or to incorporate additional eligible items, so long as the total estimated cost is
not increased.
The Public Redevelopment Costs of the TIF District are listed below:
Engineering
and Tests $ 5,600
Earthwork 67,200
Site Utilities 39,200
Bituminous 25,000
Irrigation 10,000
Landscaping 60,000
Concrete 315,000
Precast 180,000
Soil Correction 13,554
Total: $715,554
4
Additional public redevelopment costs pursuant to the December 6, 2011 modification:
Admin. costs 100,000
Add'l hsg costs 187,467
Total 287,467
Such costs are eligible for reimbursement from tax increments of the TIF District.
The total public costs and sources of revenue associated with the TIF District will
increase to, but not exceed, $2,555,000.
1. Original Gross Tax Capacity
[No Change]
2. Captured Gross Tax Capacity
[No Change.]
3. Duration of the TIF District
[No Change]
F. ESTIMATED IMPACT OF THE TIF DISTRICT ON OTHER TAXING
JURISDICTIONS
[No Change]
G. ADMINISTRATIVE PROCEDURES AND REQUIREMENTS
1. Modification of the TIF Plan or Change in Boundaries of the TIF District
[No Change]
2. Use of Tax Increment
[No Change]
3. Excess Tax Increments
[No Change]
4. Tax Increment Account
[No Change]
5
5. Limitation on Administrative Expenses
[No Change]
6. Limitation on Increment
[No Change]
7. Annual Disclosure
[No Change]
8. Administration of the TIF District
[No Change]
II. INTEREST RATE REDUCTION PROGRAM
[No Change]
III. PUBLIC IMPROVEMENT COSTS; REDUCED RENTS CONTINUED
[New Section]
A. STATEMENT OF OBJECTIVES
[No Change]
B. PAYMENT FOR PUBLIC IMPROVEMENT COSTS
[No Change]
C. FINANCING PLAN
1. Form and Amount of Assistance
[No Change]
2. Duration of Tax Increment Assistance
[No Change]
6
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C.
Office of the City Manager/ Fee Schedule Ordinance
Finance, Sue Kotchevar
Requested Action
Move to:
• Close the Public Hearing; and
• Approve 1 St Reading of the Ordinance Updating the Fee Schedule for Administration
of Official Controls.
Synopsis
This Ordinance establishes a fee schedule for the City's costs in administering Official Controls
pursuant to Minnesota Statutes Section 462.353, Subd. 4.
Background Information
Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred
by it in reviewing, investigating, and administering an application for an amendment to an
Official Control or other approval required under an Official Control.
Minnesota Statute defines an"Official Control" as ordinances or regulations which control the
physical development of a city and implement the general objectives of the comprehensive plan.
Official Controls may include ordinances establishing zoning, subdivision controls, site plan
regulations, sanitary codes,building codes and official maps.
Attachments
Proposed Ordinance
Report of Changes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE
TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR
REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR
AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 25 is amended by replacing in it's entirely the
"Fee Schedule for Administration of Official Controls" with the 2012 fee schedule set
forth below. The following fees are prescribed for the review, investigation and
administration of an application for an amendment to an official control established
pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit
or other approval required under an official control established pursuant to those sections:
SERVICE FEE DESCRIPTION
BUILDING INSPECTIONS
Building Permit-Valuation
$1 to $500 $35.00
$501 to $2,000 $35.00 1st $500 plus $4.10 each add'l $100 or
fraction thereof, to & including $2,000
$2,001 to $25,000 $96.50 1st $2,000 plus $18.65 each add'l $1,000
or fraction thereof, to & including
$25,000
$25,001 to $50,000 $525.45 1st $25,000 plus $13.70 each add'l
$1,000 or fraction thereof, to &
including $50,000
$50,001 to $100,000 $867.95 1st $50,000 plus $9.50 each add'l $1,000
or fraction thereof, to & including
$100,000
$100,001 to $500,000 $1,342.95 1st $100,000 plus $7.65 each add'l
$1,000 or fraction thereof, to &
including $500,000
$500,001 to $1,000,000 $4,402.95 1st $500,000 plus $6.30 each add'l
$1,000 or fraction thereof, to &
including $1,000,000
$1,000,001 &up $7,552.95 1st $1,000,000 plus $5.10 each add'l
$1,000 or fraction thereof
Building Permit Other Inspections & Fees
Plan checking 65% of the building permit fee
Reinspection $50.00 Per hour
SERVICE FEE DESCRIPTION
Investigation Fee—work Equal to amount of permit
started w/o a permit fee
Demolishing or Razing $100.00
Buildings—Commercial
Building
Demolishing of Razing $35.00
Buildings - House
Demolishing or Razing $35.00
Buildings - Garage
Demolishing or Razing $35.00
Buildings —Accessory
Building
Demolishing or Razing $35.00
Buildings - Interior
Demo
Demolishing or Razing $35.00
Buildings—Exterior
Demo
Cash Park Fee
Single Family Unit $6,500.00 Per unit
All other residential $5,500.00 Per unit
Office, Commercial, $11,500.00 Per acre
Industrial
DEVELOPMENT
Community Development Deposit
0 to 40 Acres $4,000.00 A development deposit agreement is
required for planned unit developments,
planned unit development amendments,
rezoning,platting, site plan review,
guide plan changes and environmental
assessment worksheets
41 to 80 acres $4,250.00
81+ acres $4,950.00
Guide Plan Charge $690.00 Plus $5.00 per acre
Planned Unit $750.00 Plus $5.00 per acre
Development(P.U.D)
Fee
Planned Unit $750.00 Plus $5.00 per acre
Development
Amendment
Platting
Residential-0 to 10 units $495.00 Plus $5.00 per unit
Residential-11 or more $605.00 Plus $5.00 per unit
Commercial, Industrial, $495.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
2
SERVICE FEE DESCRIPTION
Commercial, Industrial, $605.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
Site Plan Review
Administrative $340.00
Site Plan Review(City Council)
Multi-Family-0 to 10 $490.00 Plus $5.00 per unit
units
Multi-Family-11 or $595.00 Plus $5.00 per unit
more units
Commercial, Industrial, $490.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
Commercial, Industrial, $595.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
ZONING IIIMP ..all
Commercial, Industrial, Office, Public
0-3 acres $495.00 Plus $25.00 per acre
3.1 or more acres $610.00 Plus $25.00 per acre
Residential
0-10 units $495.00 Plus $5.00 per unit
11 or more units $610.00 Plus $5.00 per unit _
Shoreland Management Ordinance Permits
Temporary structure in $90.00
public waters
Change in structure in $90.00
public waters
Multiple dock or dock $90.00
excess of 75'
Zoning Amendment and Zoning Appeal
Zoning amendment $270.00 Appeal to Board of Adjustments and
Appeals
Variances Residential $365.00 Includes residential zoned properties for
new construction,building additions,
decks,porches, garages, accessory
structures and variances from all
chapters of the City Code
Variances Other $595.00 Includes variances associated with
properties zoned office, industrial,
commercial and residential
Variances Building or $250.00
Fire Code A eal
ZONING-TELECOMMUNICATIONS
Commercial Wireless Communications towers and/or antennas
3
SERVICE FEE DESCRIPTION
Administrative $260.00 Towers and/or antennas meeting code
located on private property
Letter of Intent $2,050.00 Non-refundable Towers and/or antennas on City property_
Letter of Intent $1,050.00 Deposit for Additional funds may be required if the
legal/consultant costs balance in the deposit account is
inadequate to pay for all of the fees and
costs incurred by the City
Variances required for See Development Fees
tower and/or antennas
Site Plan Review See Development Fees
required for tower
and/or antennas
ENGINEERING
Environmental $500.00 Plus $10.00 acre
Assessment Worksheet
(E.A.W.)
Excavation & Grading—Grading Permit Fee/Plan Review Fee
*The following fees are the total hourly cost to the jurisdiction. This cost shall include
supervision, overhead, equipment, hourly wages, and fringe benefits of the employees
involved.
101 to 500 cubic yards $100.00*
501 to 1,000 cubic yard $250.00*
1,001 to 10,000 cubic $500.00*
yards
10,001 to 100,000 cubic i $1,000.00*
yards
100,001 or more $2,000.00*
Reinspection fee $90.00 Minimum charge is one half hour,
required by changes, additions or
revisions to approve plans
Additional plan review $90.00 Minimum charge is one half hour,
fees required by changes, additions or
revisions to approve plans
Public Right-of Way or Easement Vacation
Application Fee $350.00 Per transaction/for vacating the City's
interest in real property, including right-
of-way and easement's (for consultation,
review, notice mailing, publication of
notice and recording)
Signs
Up to 30 sq ft in size $75.00
31 sq ft through 50 sq ft $95.00
in size
51 sq ft through 80 sq ft $115.00
in size
4
SERVICE FEE DESCRIPTION
81 sq ft or over $145.00
Charge for returning $15.00
picked up signs
** The surface of double or multi-forced signs shall be combined for the purpose of determining
the amount of the fee.
Engineering—Land Development Services
For consultants,utility and street plans and specifications, general and final inspections of
improvements and special assessment division.
Final Plan Review, Contract Administration, and Inspection Review
5%multiplied by the Not applicable to projects built by city
total construction cost through special assessment. Cost
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
payable prior to start-up.
Final Plat
Residential $65.00 Per unit/Minimum$350.00 plus cost of
review by special assessment. Costs
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
payable prior to start-up.
Commercial, Industrial, $150.00 Per acre/Minimum $400.00
Office and Public
Administrative Land $100.00
Division
LGU Review
Min. Payment is $160. $90.00 An hour
Plus cost of review by
special consultants
necessary as determined
by the City Manager.
The deposit, or a
portion thereof, will be
refunded after final City
Council action on the
Development
Application if the total
sum deposited is greater
than the administrative
review cost or if no City
Council action is
required the deposit will
be refunded after all site
review and monitoring
5
SERVICE FEE DESCRIPTION
activities are complete.
All costs incurred by the
City or their consultant
that exceed the cash
deposit balance will be
billed to the applicant.
LGU Deposit-Plan Review
An LGU deposit $4,000.00
agreement is required
for wetland alteration,
wetland replacement,
wetland restoration
and/or wetland bank
plan reviews
LGU Deposit—Site Review
Single Family $170.00 An LGU deposit agreement is required
Residential for review of wetland delineations or
wetland determinations on single family
residential properties.
Site Review or $1,200.00 An LGU deposit agreement is required
Development Review for site review and/or wetland
delineation review.
Section 2. Ordinance No. 19-2010 is repealed effective January 1, 2012.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is
hereby adopted in its entirety by reference, as though repeated verbatim
herein.
Section 4. This Ordinance shall become effective January 1, 2012 for calendar year
2012.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
6th day of December, 2011, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 6th day of December, 2011.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on December 15, 2011.
6
2012 Ordinances-Changes
%Change
SERVICE DESCRIPTION 2010 2011 2012 11 to 12
BUILDING INSPECTIONS
Building Permit-Valuation
$1 to$500 35.00 35.00 35 00 0.0%
$501 to$2,000 1st$500 plus$4.10 each addl.$100 or fraction thereof,to&including$2,000 35.00 35.00 35.00 0.0%
$2,001 to$25,000 1st$2,000 plus$18.65 each add'!$1,000 or fraction thereof,to&including$25,000 92.75 92.75 96 50 4.0%
$25,001 to$50,000 1st$25,000 plus$13.70 each add'!$1,000 or fraction thereof,to&including$50,000 497.55 497.55 525 45 5.6%
$50,001 to$100,000 1st$50,000 plus$9.50 each add'!$1,000 or fraction thereof,to&including$100,000 820.05 820.05 867.95 5.8%
$100,001 to$500,000 1st$100,000 plus$7.65 each add!$1,000 or fraction thereof,to&including$500,000 1,270.05 1,270.05 1,342.95 5.7%
$500,001 to$1,000,000 1st$500,000 plus$6.30 each add'!$1,000 or fraction thereof,to&including$1,000,000 4,150.05 4,150.05 4,402.95 6.1%
$1,000,001&up 1st$1,000,000 plus$5.100 each addi$1,000 or fraction thereof 7,125.05 7,125.05 7,552.95 6.0%
DEVELOPMENT
Community Development Deposit
0 to 40 acres A development deposit agreement is required for planned unit developments,planned unit 3,800.00 3,900.00 "' 4,000.00 2.6%
development amendments,rezoning,platting,site plan review,guide plan changes and
environmental assessment worksheets.
41 to 80 acres 4,140.00 4,240.00 4,250.00 0.2%
81+acres 4,700.00 4,800.00 4,950.00 3.1%
Guide Plan Charge Plus$5.00 per acre 650.00 670.00 690 00 3.0%
Planned Unit Development(P.U.D.)Fee Plus$5.00 per acre 710.00 730.00 750.00: 2.7%
Planned Unit Development Amendment Plus$5.00 per acre 710.00 730.00 750 00. 2.7%
Platting
Residential-0 to 10 units Plus$5.00 per unit 465.00 480.00 495 00 3.1%
Residential-11 or more units Plus$5.00 per unit 575.00 590.00 605.00: 2.5%
Commercial,Industrial,Office,Public-0 to 3 acres Plus$25.00 per acre 465.00 480.00 495.00 3.1%
Site Plan Review
Administrative 320.00 330.00 340,00 3.0%
Site Plan Review(City Council)
Multi-Family-0 to 10 units Plus$5.00 per unit 460.00 475.00 490.00 3.2%
Multi-Family-11 or more units Plus$5.00 per unit 565.00 580.00 595.00 2.6%
Commercial,Industrial,Office,Public-0 to 3 acres Plus$25.00 per acre 460.00 475.00 ` 490.00 3.2%
Commercial,Industrial,Office,Public-3.1 or more acres Plus$25.00 per acre 565.00 580.00 595.00 2.6%
Page 1 of 4
2012 Ordinances-Changes
%Change
SERVICE DESCRIPTION 2010 2011 2012 11 to 12
ZONING
Commercial,Industrial,Office,Public
0-3 acres Plus$25.00 per acre 465.00 480.00 495.00: 3.1%
3.1 or more acres Plus$25.00 per acre 580.00 595.00 610.00 2.5%
Residential
0-10 units Plus$5.00 per unit 465.00 480.00 495.00; 3.1%
11 or more units Plus$5.00 per unit 580.00 595.00 610.00 2.5%
Shoreland Management Ordinance Permits
Temporary structure in public waters 80.00 85.00 90.00__ 5.9%
Change in structure in public waters 80.00 85.00 90.00 5.9%
Multiple dock or dock excess of 75' 80.00 85.00 90.00: 5.9%
Zoning Amendment and Zoning Appeal
Zoning amendment Appeal to Board of Adjustments and Appeals 250.00 260.00 270.00 3.8%
Variances Residential Includes residential zoned properties for new construction,building additions,decks,porches, 345.00 355.00 365.00' 2.8°0
garages,accessory structures and variances from all chapters of the City Code
. . ........ ....
Variances Other 565.00 580.00 595.00 2.6%
Includes variances associated with properties zoned office,industrial,commercial and residential
Variances Building or Fire Code Appeal 230.00 230.00 250.00. 8.7%
ZONING-TELECOMMUNICATT0NS
Commercial Wireless Communications towers and/or antennas
Administrative Towers and/or antennas meeting code located on private property 255.00 255.00 260.00 2.0%
Letter of Intent Non-refundable-Towers and/or antennas on City property 2,000.00 2,000.00 2,050.00' 2.5%
Letter of Intent Deposit for legal/consultant costs-additional funds may be required if the balance in the deposit 1,000.00 1,000.00 1,050.00 5.0%
account is inadequate to pay for all of the fees and costs incurred by the City.
Variances required for tower and/or antennas See Development Fees
Site Plan Review required for tower and/or antennas See Development Fees
Page 2 of 4
2012 Ordinances - Changes
%Change
SERVICE DESCRIPTION 2010 2011 2012: 11 to 12
ENGINEERING
Environmental Assessment Worksheet(E.A.W.) Plus$10.00 acre 310.00 315.00 500.00 58.796
Excavation&Grading-Grading Permit Fee I Plan Review Fee
101 to 500 cubic yards 47.00 49.00 100.00 104.1%
501 to 1000 cubic yards - - 250.00 new
1,001 to 10,000 cubic yards 250.00 257.00 500.00 94.6%
....................
................
10,001 to 100,000 cubic yards 422.00 435.00 1,000.00 129.9%
100,001 or more 1,192.00 1,227.00 2,000.00 63.0%
...................
**The following fees are the total hourly cost to the jurisdiction.This cost shall include supervision,
overhead,equipment,hourly wages and fringe benefits of the employees involved.
Additional plan review fees 38.00 39.00 90.00: 130.896
Minimum charge is one half hour,required by changes,additions or revisions to approve plans
Reinspection fee 66.00 68.00 90.00: 32.4%
Minimum charge is one half hour,required by changes,additions or revisions to approve plans
Public Right-of Way or Easement Vacation
Application Fee 297.00 306.00 350.00 14.4%
Per transaction I for vacating the City's interest in real property,including right-of-way and
easement's(for consultation,review,notice mailing,publication of notice and recording)
Final Plan Review,Contract Administration,and Inspection Review
Final Plat
Residential Per unit I Minimum$350.00plus cost of review by special assessment.Costs include public 59.00 60.00 65.00 8.3%
infrastructure improvements(excluding grading costs),subject to approval by Cit Engineer
payable prior to start-up
. ...............
Commercial,Industrial,Office,and Public Per acre 1 Minimum$400.00 142.00 146.00 150.00! 2.7%
Administrative Land Division 75.00 77.00 100.00: 29.9%
Page 3 of 4
2012 Ordinances-Changes
%Change
SERVICE DESCRIPTION 2010 2011 2012 11 to 12
LGU Review
Min.Payment is$160.Plus cost of review by special consultants necessary as An hour 82.00 85.00 90.00`.. 5.9%
determined by the City Manager.The deposit,or a portion thereof,will be
refunded after final City Council action on the Development Application if.
the total sum deposited is greater than the administrative review cost or if no
City Council action is required the deposit will be refunded after all site
review and monitoring activities are complete. All costs incurred by the City
or their consultant that exceed the cash deposit balance will be billed to the
applicant.
LGU Deposit-Plan Review
An LGU deposit agreement is required for wetland alteration,wetland 3,600.00 3,700.00 4,000.00 : 8.1%
replacement,wetland restoration and/or wetland bank plan reviews
LGU Deposit-Site Review
Site Review or Development Review An LGU deposit agreement is required for site review and/or wetland delineation review 1,030.00 1,060.00 1,200.00. 13.2%
Page 4 of 4
CITY COUNCIL AGENDA DATE:
SECTION: Public Hearings December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D.
Office of the City Manager/ Fee Resolution
Finance, Sue Kotchevar
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the 2012 Fee resolution
Synopsis
This Resolution establishes a fee schedule for the City's services not covered by ordinance.
Attachment
Proposed Resolution
Report of Changes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
_
A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS
LICENSES,PERMITS AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie resolves as follows:
Page
Business Licenses 1
Office of the City Manager
Customer Service 2
Facilities 2
Finance 3
Community Development
Assessing 3
Parks & Recreation
Community Center 3
Community Center-Policy of Group Rate & Liabilities 5
Community Center-Advertising Fees 5
Oak Point Pool 6
Outdoor Center 6
Organized Athletics 6
Art Center 6
Pleasant Hills Cemetery 7
Community Garden Plots 7
Forestry 7
Police 7
Fire
Building Inspections 8
Other 10
Public Works Services
Engineering 10
Engineering Land Development Services 11
Utilities 11
Facilities Rental
Facility Rental Information 13
City Center& Community Meeting Rooms 14
Garden Room 14
Community Center 15
Oak Point Pool 17
Park Facilities Rental 17
Senior Center Rental 18
Attachment A—Miscellaneous Fire Fees 19
Fees not stated in this Resolution may be set by the City Manager.
All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore
adopted are hereby repealed.
ADOPTED by the City Council of Eden Prairie this 6th day of December, 2011, to
be effective the 1st day of January, 2012.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
2012 Fee Resolution
2012
Service Fee Description
BUSINESS LIC NSES
Liquor-Non-Intoxicating Malt Liquors
On-sale $ 800.00 Annual-If less than one year,amount will be prorated over remaining months.
Off-sale $ 175.00 Annual-If less than one year,amount will be prorated over remaining months.
Investigation fee $ 500.00 Initial application
Liquor-Intoxicating Malt Liquors
Growlers(off-sale) $ 250.00 Annual
Liquor On-Sale
On-sale $ 8,750.00 Annual-If less than one year,amount will be prorated over remaining months.
Investigation fee $ 500.00 Initial application
$ 50.00 License change-new manager
$ 150.00 License change-other than management change
Liquor On-Sale Fraternal Clubs
Liquor on-sale $ 100.00 Annual-If less than one year,amount will be prorated over remaining months.
Investigation fee $ 500.00 Initial application
$ 50.00 License change-new manager
$ 150.00 License change-other than management change
Liquor On-Sale Non-Fraternal Clubs
Liquor on-sale $ 4,250.00 Annual
Investigation fee $ 500.00 Initial application
$ 50.00 License change-new manager
$ 150.00 License change-other than management change
Liquor On-Sale Wine
On-sale $ 2,000.00 Annual-If less than one year,amount will be prorated over remaining months.
Investigation fee $ 500.00 Initial application
$ 50.00 License change new manager
$ 150.00 License change-other than management change
Liquor Other
Temporary beer $ - Requires application
Temporary wine $ - Requires application
Sunday liquor $ 200.00 Annual-If less than one year,amount will be prorated over remaining months.
Special events $ 200.00 Per event
Liquor Investigation Fee
An investigation fee not to exceed$500 shall be charged to an applicant by the City if investigation is conducted within the State,
or the actual cost not to exceed$10,000 without prior approval,if the investigation is required outside the State.
Other
Bingo(Gambling) $ - Requires application
Cigarettes $ 300.00 Annual-If less than one year,amount will be prorated over remaining months.
Dog kennels(Commercial) $ 85.00 Annual-If less than one year,amount will be prorated over remaining months.
Dog kennels(Private) $ 35.00 Annual-If less than one year,amount will be prorated over remaining months.
Required for 3-5 animals.Must also purchase individual dog licenses.
Dog license $ 20.00 Biannual
Dangerous dog license $ 200.00 Annual
Dangerous dog sign&collar tag $ 25.00 Annual
Non-profit solicitor $ - Requires application
Peddlers $ 40.00 Annual-Government issued identification required
Raffle(Gambling) $ - Requires application
Refuse&garbage collectors $ 125.00 Annual-1st Vehicle
$ 25.00 Annual-Each additional vehicle
Scavengers $ 10.00 Annual
1
2012 Fee Resolution
2012
Service Fee Description
CUSTOMER SERVICE
Copies
City code-bound copy $ 100.00 Original
Copies-1-100 pages $ 0.25 per page-single-sided,black and white,letter or legal size documents
Copies-101 or more pages $ - actual cost-single-sided,black and white,letter or legal size documents
City Council agendas $ 24.00 Annual.Pro-rated.
City Council minutes $ 75.00 Annual.Pro-rated.
Planning Commission agendas $ 24.00 Annual.Pro-rated.
Planning Commission minutes $ 50.00 Annual.Pro-rated.
DVDs of Council&Commission meetings $ 5.00 DVD,plus postage,if applicable
Maps and Printing
1st map per resident-Citywide fold up Map $ - No fee-distributed at customer service desk
Additional maps-Citywide fold up Map $ 0.50 Each additional map-Distributed at customer service desk
Large map printing per square foot-black and white $ 1.00 Miscellaneous printing
Large map printing per square foot-color $ 2.00
City maps/plat/half section,black and white-8 1/2 x 11 $ 1.00
City maps/plat/half section,color-8 1/2 x 11 $ 2.00
City maps/plat/half section,black and white-11x17 $ 2.50
City maps/plat/half section,color-11x17 $ 5.00
City maps/plat/half section,black and white-24 x 36 $ 6.00
City maps/plat/half section,color-24 x 36 $ 12.00
City maps/plat/half section,black and white-36 x 48 $ 12.00
City maps/plat/half section,color-36 x 48 $ 24.00
Aerial photo added to any map is an additional: $ 10.00
CD ROM specifications $ 20.00
GIS Services
Custom mapping fee-per hour minimum $ 25.00
Custom GIS analysis fee-per hour minimum $ 50.00
Digital GIS Data Requests
2ft contours-per sq mile $ 50.00
Spot elevation point data-per sq mile $ 50.00
Base map data-citywide data $ 100.00
FACILITIES
Audio-Visual Equipment
Dry erase board(3'x5')with markers $ 7.50
Easel $ 5.00
Extra pad of paper $ 12.00 Each
Flipchart/dry erase(24"x30")with paper $ 10.00
LCD Projector $ 50.00 Daily rental
Microphone/stand&speakers $ 15.00
Microphone,wireless clip-on and speakers $ 20.00
Overhead projector(for transparencies) $ 15.00
Podium,floor model $ 7.50
Podium,table top model $ 5.00
Slide projector with carousel $ 15.00
Screen,projection(tripod stand)6'x6' $ 10.00
TV/VCR on cart $ 15.00
Building Supervisor
Monday-Thursday,5:00 p.m.-10:00 p.m. $ 25.00 Per hour
Weekends $ 40.00 Per hour
Custodial
Time and a half will be charged on weekends $ 37.50 Per hour
2
2012 Fee Resolution
2012
Service Fee Description
FINANCE
Tax Exempt Financing Charge
Application fee $ 2,000.00 Per transaction
Annual fee: 1/8 of 1%on the unpaid principal balance at the end of each 12-month period.
This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No.85-
135 and its subsequent reauthorization.
This charge is effective for all new projects receiving council authorization on or after March 1,1991
for the issuance of revenue authorization and for all existing projects which require council
authorization on or after March 1,1991. 1
ASSESSING
Value Abatement
Per parcel $ 25.00 Per year
Copy of Appraisal/Field Card $ 2.00
Electronic Copies of Data Bases
Basic set-up charge $ 300.00 Prepayment required for all set-up charges(includes$100.00 for LOGIS)
Plus media charge $ - At actual cost
Printed Copies of Reports or Databases
Basic set-up charge $ 200.00 Prepayment required for all set-up charges
Plus $ 0.25 Per page
Electronic Copies of Reports
Basic set-up charge $ 300.00 Prepayment required for all set-up charges
Plus $ 0.05 Per record
COMMUNITY CENTER
Community Center Membership
Benefits
1.Includes full use of fitness facility including a complimentary equipment orientation
2.Includes group fitness classes(except specialty fitness classes such as Yoga and Pilates)
3.Includes use of racquetball courts
4.Includes free open gym,skate and swim
Additional Information
1.One time administrative fee of$29.00
2.Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Occurs on the 1st-3rd of every month.
3.10%discount for 12 month up front payment.
4.$5.00 monthly suspension fee available for up to 3 months per 12 month term.
5.$10.00 change fee for upgrades and downgrades
Guidelines for Membership Types
Youth Membership Defined as any child 18 years of age and younger.
Adult Membership Defined as any individual ages 19 years of age and older.
Dual Membership Any two adults or adult and youth residing at the same address.
Dual Plus One Any two adults plus one youth Dr one adult and two youths residing at the same address.
Household Membership Any two adults and up to four youth residing at the same address.
Senior Defined as any individual 62 years of age and older.
Extended Household See Community Center Management for membership options that include
nannies,and babysitters.
Senior Dual Membership Any one senior and one additional member(55 or older)residing at the same address.
College Membership An adult attending school and possesses a current college ID
3
2012 Fee Resolution
2012
Service Fee Description
Monthly Resident Membership Rates
A resident either lives or works in Eden Prairie.Valid for 12 months from date of purchase.
10%discount on upfront purchase of 12 month membership
Youth(18 and under) $ 27.00 Monthly rate plus applicable taxes
Adult(19 and over) $ 35.00 Monthly rate plus applicable taxes
Dual $ 62.50 Monthly rate plus applicable taxes
Dual Plus One $ 73.50 Monthly rate plus applicable taxes
Household $ 84.00 Monthly rate plus applicable taxes
Senior(62 and older) $ 27.00 Monthly rate plus applicable taxes
Senior Dual $ 46.75 Monthly rate plus applicable taxes
Monthly Non Resident Membership Rates
Youth(18 and under) $ 42.25 Monthly rate plus applicable taxes
Adult(19 and over) $ 42.25 Monthly rate plus applicable taxes
Dual $ 75.00 Monthly rate plus applicable taxes
Dual Plus One $ 88.00 Monthly rate plus applicable taxes
Household $ 101.00 Monthly rate plus applicable taxes
Senior(62 and older) $ 42.25 Monthly rate plus applicable taxes
Senior Dual $ 75.00 Monthly rate plus applicable taxes
College Student Short-term Membership Rates
*Students must show college ID
*Administrative Fee is waived
*Applicable taxes apply
One Month(Winter Break) $ 49.00 30 consecutive days between Nov 15-Jan 30
Three Months(Summer) $ 99.00 3 consecutive months between April 15-Sept 15
Four Months(Summer) $ 129.00 4 consecutive months between April 15-Sept15
Non-College Student Short-term Membership Rate
One Month $ 75.00 Administrative Fee is waived
Membership Administrative Fee $ 29.00 Fee to administer a new membership
Membership Change Fee $ 10.00 Fee to make changes to an account
Equipment Rental
**Skates free to Eden Prairie on-profit service organization groups
Ice Skates $ 2.50 Per pair
Dry Floor Gym rental includes:10 tables,40 chairs,4 stanchions,and two white boards
Additional Chairs $ 2.00
Additional Stanchion $ 5.00
Additional Table $ 5.00
Play Care
Play Care -Parent is a Member $ 2.50 Two hours;Two hour maximum
Play Care-Parent is a Nonmember $ 3.50 Two hours;Two hour maximum
Punch Cards-Parent is a Member $ 40.00 Punch Card-20 sessions
Punch Card-Parent is a Nonmember $ 60.00 Punch Card-20 sessions
Play Structure
Under 12 months free Per child,per visit
12 months-4 years of age $ 4.00 Per child,per visit
5 years to 15 years $ 5.00 Per child,per visit
Play Structure-Non-prime Time
Half price Monday-Friday after 1 p.m.and Saturday-Sunday after 4 p.m.
Under 12 months free Per child,per visit
12 months-4 years of age $ 2.00 Per child,per visit
5 years to 15 years $ 2.50 Per childer visit
2012 Fee Resolution
2012
Service Fee Description
Tot Time/Open Gym
Members free Child must be on a family membership
Non Members $ 6.00
Daily Full Use Pass(includes open gym,open skate,open swim,group fitness,fitness,and racquetball)
**Must be age 14 and up to use Fitness Center
Members free
Individual Resident $ 9.00 Youth or adult
Individual Non Resident $ 12.00 Youth or adult
Open Skate,Swim and Gym
**Resident and Non Resident-fee is for the use of open swim,open skate,and open gym
Babies free up to 12 months
Tots $ 4.00 12 months to 4 years
Youth $ 5.00 5 years of age to 18 years of age
Adult $ 5.50 19 years of age or older
Family rate $ 16.50 Max 5 people living at same address
Racquetball
Members free
Non-Members $ 8.50
Racquetball Non Prime Rate $ 5.50 8:00am-11:00 am/after 2:00pm on Saturday/All day Sunday
Special Ice Rates-School District 272
Physical education classes $ 77.50 Per hour-50%of non-prime time rate
Hockey games Prime time rate-Personnel required to run the games supplied by others.
Special Pool Rates-School District 272
Physical education classes $ - Based on prime time rate for 5,490 total square feet
COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES
Group Rentals
** Groups of 20 or greater will receive free rental skates when purchasing ice,room or birthday party package
Lock-ln-11 p.m.to 5:30 a.m.
** Lock-in groups will be charged an additional$1 per person for groups greater than 150. Personal costs above stated rates include one building supervisor.
** Supervision will be at the discretion of the Community Center management. This will be based on the number of people to be using the center,as well
as the age and type of group.
Skate Rental $ 2.50
Lifeguards $ 16.00 Per hour
** 1 to 50 participants-2 lifeguards required
** 51 to 100 participants-3 lifeguards required
** 100 plus participants-4 lifeguards required_ Additional lifeguards determined by management depending on group size and ages.
Pool rental $ 54.50 Per hour.Two hour minimum plus$16.00/hr per lifeguard
COMMUNITY CENTER ADVERTISING FEES
Note:Once groups have paid for the initial multi-year agreement,they may renew the contract each year for 1 year at the pro-rated fee.
Ice resurfacer $ 1,500.00 Per side per year/5 year term($2,500 for both sides)
Score board $ 1,500.00 Per side per year/5 year term
On-Ice logo $ 1,500.00 Per two 4'x4'logos per year/3 year term
Dasher board $ 950.00 'Annually/3 year term
5
2012 Fee Resolution
2012
Service Fee Description
OAK POINT POO1,
Pool Rental-Lifeguards
** Pool rental in addition to these fees
Small slide pool rental only $ 48.00 Per hour for three lifeguards
Requires a minimum of three lifeguards
Add'1 lifeguards will be determined by management depending on group size and age
Large pool rental only $ 32.00 Per hour for two lifeguards
Requires a minimum of 2 lifeguards
Based on non-holiday hours
Rental of entire pool facility $ 80.00 Per hour for five lifeguards
Requires a minimum of 5 lifeguards
Outdoor Center
Rental
Canoe rack spot storage $ 45.00 Per rack spot,per season
ORGANIZED ATHLETICS
Adult League Play
Non youth sport teams $ 40.00 Per game
Ball Field Tournaments
State,regional,and national tournaments $ 100.00 Per day,per field
Other youth and adult tournaments $ 100.00 Per day,per field
Additional charge when lights are used $ 15.00 Per hour
For new soccer field for tournament $ 170.00 Per field set-up
Clinics and Camps
$ 50.00 Per day,per field
ART CENTER
Art Center Membership
Benefits
1.10%off classes
2.Invitation to special events
3.10%off select supplies
4.10%off birthday parties(Art Center birthday parties only)
5.Special studio access outside of class times
6.Subscription to City News email newsletter
7.$5.00 off Walker Art Center membership
8.$5.00 off the one-time administrative fee at the Eden Prairie Community Center for new members
Membership Rates
A household includes two adults and up to 4 children.
Additional family members can be added to the household membership for$5.00 a person
Individual $ 30.00 Annual rate plus applicable taxes
Household $ 45.00 Annual rate plus applicable taxes
6
2012 Fee Resolution
2012
Service Fee Description
PLEASANT HILL CEMETERY
Ground Thawing:November 1-April 1
Casket burial $ 75.00
Cremation burial $ 50.00
Internment
Burial fees are direct cost from contractor.These could adjust mid-year du e to contractor price increase.
Casket burial $ 550.00
Cremation Burial $ 350.00
Lot
Resident $ 400.00 20%perpetual care&80%maintenance
Non-resident $ 600.00
Set Grave Markers
Single $ 250.00
Double $ 300.00
COMMUNITY GARDEN PLOTS
20 foot by 30 foot plot
Residents only $ 54.00 Senior citizen discount$12.00
20 foot by 60 foot plot
Residents only $ 108.00 Senior citizen discount$24.00
FORESTRY
Administrative fee-tree/weed ordinance violations
Flat charge is added to the current balance due to
obtain the total certified amount $ 75.00
POLICE
Data Processing
Duplicating,audio recording $ 10.00
Duplicating,documentation $ 0.25 Per standard page
Standard reports $ 20.00 Per hour
Non-standard report $ 50.00 Per hour-Minimum charge is one hour
Dog
Impounding $ 30.00 1st offense year
$ 50.00 2nd offense year
$ 100.00 3rd offense year
Boarding $ 11.00 Daily
Euthanasia $ 30.00
False Alarm Fee
Non-Required Systems
Registration Fee free
First 3 false alarms free
4th false alarm $ 100.00
5th false alarm $ 200.00
6th&up false alarm $ 300.00
Required Systems
First false alarm free
2nd false alarm $ 100.00
3rd false alarm $ 200.00
4th false alarm $ 300.00
5th&up false alarm $ 400.00
Late fees for unpaid bills $ 25.00
7
2012 Fee Resolution
2012
Service Fee Description
Fire Alarm Systems and Fire Protection Contractor Registration
Registration free
Reinstatement $ 200.00
Hunting&Trapping
Landowner free
Resident $ 5.00
Non-resident $ 10.00
Other
Photograph,other $ 10.00 Plus actual cost
Postage $ - Actual cost
Pawn Shops
Annual fee $ 10,000.00
Investigation fee $ 1,500.00 An investigation fee not to exceed$1,500 shall be charged by the City if the
investigation is conducted in the State,or the actual cost not to exceed$10,000
without prior written approval if the investigation is required outside the State.
Photograph,Booking
Standard $ 20.00
Digital image $ 10.00
Police Officer Supplemental Employment
$ 70.00 Per hour-Minimum charge is three hours
Radio Service
Reprogram and tune radios once a year $ 25.00 per radio
Labor rate $ 50.00 an hour,billable on every half hour if additional help is needed
Reports
Resident $ - Free to residents
Non-resident $ 0.25 Per page
Special Reports $ - Actual cost
Transcribe,Audio Tape
$ 25.00 Per hour-Minimum charge is one hour
INSPECTIONS
Fire Alarm&Non-Water Suppression
$1 to$2,000 $ 90.00
$2,001 to$25,000 $ 90.00 1st$2,000 plus$18.65 each add'1$1,000 or fraction thereof,to&including$25,000
$25,001 to$50,000 $ 518.95 1st$25,000 plus$13.70 each add'1$1,000 or fraction thereof,to&including$50,000
$50,001 to$100,000 $ 861.45 1st$50,000 plus$9.50 each add'l$1,000 or fraction thereof,to&induding$100,000
$100,001 to$500,000 $ 1,336.45 1st$100,000 plus$7.65 each add!$1,000 or fraction thereof,to&including$500,000
$500,001 to$1,000,000 $ 4,396.45 1st$500,000 plus$6.30 each add!$1,000 or fraction thereof,to&induding$1,000,000
$1,000,001&up $ 7,546.45 1st$1,000,000 plus$5.10 each add!$1,000 or fraction thereof
Plan checking 65%of the building permit fee if valuation is greater than$2,000
Investigation fee-all work started w/o a permit Equal to amount of permit fee
Fire Prevention
Miscellaneous fees $ 105.00 Per Minnesota State Fire Code(See Attachment A for listing of fees)
Re-inspection fee $ 50.00
8
2012 Fee Resolution
2012
Service Fee Description
Fire Prevention Permits
Burning permits $ 100.00 Per site. Limit 2 days per week
Fireworks-display $ 30.00 Plus standby firefighters at present hourly rate.
Fireworks-sales $ - Maximum rate set by the State-$100 non-exclusive,$350 exclusive
Flammable&combustible liquid tank removal $ 100.00 Per tank Less than 1,000 gallons
$ 225.00 Per tank. Greater than 1,000 gallons
Grease vapor removal system cleaning $ 120.00 Per cleaning
LP gas,flammable&combustible liquid tank install $ 255.00 Per tank
LP gas tank(temporary heat)>100 gallons $ 85.00 Per tank
Special hazard permit-MUFC Article 4 $ 195.00 Maximum of 3 per site
Tents/canopy(Residential) $ 45.00 Per tent
Tents/canopy(Commercial) $ 90.00 Per tent
Investigation Fee-all work started w/o a permit Equal to amount of permit fee
Fire Sprinkler Systems
$1 to$2,000 $ 90.00
$2,001 to$25,000 $ 90.00 1st$2,000 plus$18.65 each add'!$1,000 or fraction thereof,to&including$25,000 •
$25,001 to$50,000 $ 518.95 1st$25,000 plus$13.70 each add'!$1,000 or fraction thereof,to&including$50,000
$50,001 to$100,000 $ 861.45 1st$50,000 plus$9.50 each add'!$1,000 or fraction thereof,to&including$100,000
$100,001 to$500,000 $ 1,336.45 1st$100,000 plus$7.65 each add'l$1,000 or fraction thereof,to&including$500,000
$500,001 to$1,000,000 $ 4,396,45 1st$500,000 plus$6.30 each add'l$1,000 or fraction thereof,to&including$1,000,000
$1,000,001&up $ 7,546.45 1st$1,000,000 plus$5.10 each add'!$1,000 or fraction thereof
Plan Check Fee 65%of the fire-alarm/suppression permit fee if the job value is greater than$2,000
Investigation Fee-all work started w/o a permit $ - Equal to amount of permit fee
Heating&Ventilating-Job Valuation
0 to$1,000 $ 35.00
$1,001 to$10,000 $ 35.00 1st$1,000 plus$2.00 for each add'l$100 or fraction thereof,to and including$10,000
$10,001 to$50,000 $ 235.00 1st$10,000 plus$16.75 for each add'!$1,000 or fraction thereof,to and including$50,000
$50,001 and up $ 905.00 1st$50,000 plus$13.50 for each additional$1,000 or fraction thereof
Heating&Ventilating-Other
Gas piping $ 20.00 Each opening
Reinspection $ 20.00
Investigation fee $ - Equal to the amount of permit fee(charges for work started w/o a permit)
Moving a Building
Moving a building $ 250.00 $1,000 deposit each from the owners of the building and building mover
Moving a garage only $ 50.00 $1,000 deposit each from the owners of the building and building mover
Plumbing-Job Valuation.
$0-$1,000 $ 35.00 Minimum
$1,001-$10,000 $ 35.00 1st$1,000 plus 2.5%for amount over$1,000 to&including$10,000
$10,001&up $ 260.00 1st$10,000 plus 2%for amount over$10,000
For each openings on gas $ 20.00
Inside change over-sewer,water or both $ 35.00
Meter inspection $ 35.00
Municipal sewer $ 25.00 per 100 feet
Municipal water $ 25.00 per 100 feet
Storm sewer&sub soil drains $ 25.00 per 100 feet
Sewage disposal(ISTS) $ 175.00
ISTS abandonment $ 50.00
Plumbing-Other Inspections&Fees
Reinspection fee $ 50.00 Each
Investigation fee-all work started without a permit $ - Equal to the amount of permit fee
Inspections(Plumbing) $ - No fee-State bond/insurance required
9
2012 Fee Resolution
2012
Service Fee Description
Rental Licenses Fees $ 55.00 for 1st unit of 1 to 4 plex-additional units under same roof are$9.50 for each additional unit
Apartment Complex-$55.00 for the 1st unit in a complex+$9.50 for each additional rental unit
Septic System Pumping
$ 25.00
System Access Charges-Utility Charges
For Metro sanitary sewer as established by the Metropolitan Waste Commission
System Access Charges-Utility Charges Sanitary Sewer
Residential $ 570.00 Per RE.C.
Industrial,public, office $ 1,040.00 Per Metro SAC
Commercial $ 1,460.00 Per Metro SAC
System Access Charges-Utility Charges Water
Residential $ 2,510.00 Per RE.C.
Industrial,public,office $ 3,280.00 Per Metro SAC
Commercial $ 3,920.00 Per Metro SAC
Water/Sewer Connection
$ 17,970.00 A connection fee of$17,970 per single unit is applicable if the property has not participated
in the cost of the utilities by other methods.
OTHER
** Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer
Engine company $ 250.00 Per hour
Ladder company $ 300.00 Per hour
Rescue,grass rig,or rescue boat $ 150.00 Per hour
Specialized Personnel Chief Officer,Investigator $ 75.00 Per hour
Tools/supplies used $ - At cost
Firefighter supplemental employment $ 37.50 Per 3 hour block-Minimum charge of three hours
•
ENGINEERING
Permit for Right-of-Way Excavations
Mainline utility and telecommunication installations $ 25.00 Per/100 L.F
Repair or service excavation $ 35.00 Turf area
$ 75.00 Pavement area
Residential driveway $ 35.00
Commercial driveway $ 75.00
All other excavations $ 35.00 Turf area
$ 75.00 Pavement area
Special Assessment Searches
**No charge for Eden Prairie residents on searches of their homesteaded property
Non-resident $ 19.50 Per parcel
10
2012 Fee Resolution
2012
Service Fee Description
Street Signs
9 button delineator-red $ 127.00 Includes post&install
$ 149.00 Includes breakaway post&install
Future road extension advisory $ 288.00 Includes 2 posts&install-36"x 30"
Keep right symbol $ 153.00 Includes 9 button delin-yellow,no post
$ 182.00 Includes 9 button delin-yellow,install,post
$ 212.00 Includes 9 button delin-yellow,install&breakaway post
No outlet $ 140.00 Includes post&install-24"x 24"
No parking $ 160.00 Includes post&install-Used for Turn-Around
Stop sign $ 153.00 Includes brackets,install,no post-30"x 30"
$ 182.00 Includes brackets,install,with post-30"x 30"
Street name sign $ 253.00 Includes install with 12'post-6"x 6"
$ 282.00 Includes install with 12'post-6"x 9"
$ 304.00 Includes install with 12'post-9"x 9"
Temporary street name sign $ 177.00 Plus 15%surcharge for maintenance until permanent signs in place
Weight Restrictions
Truck overweight permit fee $ 50.00 Per trip
ENGINEERING-LAND DEVELOPMENT SERVICES
Street Lighting Fee
For new subdivisions $ - Charged at prevailing NSP rates and collected for 36 months at time of final plat
UTILITIES
Fire Hydrant Use/Meter for Construction and Irrigation
Permit $ 45.00
Fire hydrant damage deposit $ 250.00 Applied to the final bill
3"meter deposit $ 550.00 Refundable
All other meter deposits $ 200.00 Refundable
Lawn Irrigation Restrictions
** Surcharges for non-compliance with lawn irrigation restrictions and prohibitions
First occurrence $ 25.00
Second occurrence $ 50.00
Third occurrence $ 100.00
Fourth occurrence $ 200.00
Fifth&subsequent occurrences within a three $ 300.00
year period
New Construction Coll Form Bacteria Resampling
T&M-.Based on actual laboratory costs,employee time and utility truck rental rates.
These costs are above and beyond the initial sampling costs and are directed at projects that has multiple failures.
New Construction Mechanical Reinspections
T&M-Directed at projects that require multiple visits to complete initial inspection.Same criteria as coli form resampling
•
11
2012 Fee Resolution
2012
Service Fee Description
Storm Drainage Land Use Quarterly Fee
Single-family homes $ 6.00 Each
Multi-family/apartments $ 59.60 per acre rates.Divide each by 3 for monthly rates.
Industrial $ 59.60 per acre rates.Divide each by 3 for monthly rates.
Commercial/office $ 77.65 per acre rates.Divide each by 3 for monthly rates.
Institutions $ 67.55 per acre rates.Divide each by 3 for monthly rates.
Airport/landfill $ 14.85 per acre rates.Divide each by 3 for monthly rates.
Parks/open space/golf course $ 8.35 per acre rates.Divide each by 3 for monthly rates.
Undeveloped land $ 19.90 Each
User Charges
** Penalty for billed charges:1%per month on account not paid within 30 days of billing
** A residential equivalent connection(RE.C.)is one dwelling unit
** The minimum monthly use charge for uses other than residential shall be the same as 1 RE.0
Sanitary sewer $ 2.50 Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per RE.C.
Water(Residential) Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per RE.C.
Flow Charge $ 1.85 0 to 36,000 gallons
Flow Charge $ 2.85 36,001 to 48,000 gallons
Flow Charge $ 3.35 48,001 to 60,000 gallons
Flow Charge $ 3.85 60,001 to 78,000 gallons
Flow Charge $ 4.35 78,001 and above
Water
All Other Classes $ 1.85
Includes Commercial,Apartments,Institutions,etc.
Irrigation Irrigation only Meters Residential and Other Classes
Flow Charge $ 2.85 0 to 48,000 gallons-divide each by 3 for monthly rates
Flow Charge $ 3.35 48,001 to 60,000 gallons-divide each by 3 for monthly rates
Flow Charge $ 3.85 60,001 to 78,000 gallons-divide each by 3 for monthly rates
Flow Charge $ 4.35 78,001 and above-divide each by 3 for monthly rates
Fixed charges-Per Quarter $ 19.50 Per quarter
Each RE.C.will be billed:$9.75 fixed charge for water and$9.75 fixed charge for sewer
Fixed charges are billed on the greater of the number of R.E.C.'s on connections
Fixed charges-Per Month $ 7.80 Per month
Each RE.C.will be billed:$3.90 fixed charge for water and$3.90 fixed charge for sewer
Fixed charges are billed on the greater of the number of R.E.C.'s on connections
Unmetered residential sewer only $ 37.00 use charges$37 per quarter per RE.C.plus a$7.80 fixed charge
Administrative fee $ 45.00 Flat charge is added to the current balance due to obtain the total certified amount
Water flow test for 5/8"meters $ 40.00 When consumption is challenged by a customer&the meter is accurate
Water service turn on/off $ 40.00 After initial turn on,any non-emergency on/off request by a commercial lending institution,
government agency(HUD),or private property management service
Water softening&filtering $ - No fee-State license required
Water/Fill Station $ 2.75 Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive
12
Fee Resolution Facility
Priority Rental Classifications:
A.City Government-Any activity related to the operations of Eden Prairie's City Government including,but not limited
to, City Council, Board and Commission meetings, City programs and events, City sponsored public meetings, as well as
State and County related committees, including Minnesota's federal and state representatives. People Reaching Other
People (PROP) shall be included as the City's non-profit social services/food shelf agency. This group will not be charged.
B.Community Group I - Eden Prairie Athletic Associations, Eden Prairie Independent School District 272, public
agencies and Eden Prairie based civic groups, religious organization, youth organization and other groups which
contribute to the well being and betterment of the community. A civic, non-profit or resident group is considered Eden
Prairie based, if it has at least 75%of its membership roster residing in the City.
C. Community Group II - Eden Prairie based businesses and commercial organizations and Eden Prairie residents who
wish to use the facilities for personal use,such as family gatherings,parties,etc.
D.Non-Community Group III-Non-resident individuals and groups.
Eden Prairie residents and businesses may not make reservations for non-Eden Prairie residents and businesses.
City Rental Facilities:
Amphitheatre-located at Staring Lake Park
City Center-meeting rooms,conference rooms, a traditional training room,and the Council Chambers
Community Center- ice arenas; standard size rink and Olympic size rink, meeting rooms, racquetball/Wally ball courts,
and swimming pool
Outdoor Center-located at Staring Lake Park
Park Pavilions &Shelters -Round Lake Park Pavilion, Homeward Hills Park Shelter, Round Lake Park Shelter, Staring
Lake Park Shelter,Miller Park Shelters,Nesbitt Park Shelter, Riley Lake Shelter, Purgatory Creek Recreation Area Shelter,
and Crestwood Park Shelter.
Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood
shop regulations)
WarmingHouses-located throughout the City
g
13
2012 Fee Resolution - Facilities
Facility Facility Information 2012 Fee
Group 1 Group 2 Group 3
CITY CENTER&COMMUNITY MEETING ROOMS
**All rooms must be vacated by 10:00 p.m.The heritage room is an official emergency shelter for the City Center. Reservations
may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.
**Standard room set up is included in the fee.Additional set up charges will be incurred for round tables and special room arrangements
at a rate of$25/hr.
Atrium I Conference Room Standard conference=seats 10;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour
(2 hr.minimum rental) Limited availability;City priority
Atrium II Conference Room Standard conference=seats 6;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour
(2 hr.minimum rental) Limited availability;City priority
Atrium III Conference Room Standard conference=seats 10;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour
(2 hr.minimum rental) Limited availability;City priority
Council Chamber Restricted use;Standard set-up;No food/beverages; $ 55.00 $ 65.00 $ 80.00 Per hour
Facility and/or AV technician required w/extra charge($37.50/hr after hours);AV tech
required for broadcast events only.
t' Heritage Room(one quarter) Limited set-up;Maximum capacity=40 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 25.00 $ 35.00 $ 45.00 Per hour
(2 hr.minimum rental)
Heritage Room(half) Maximum capacity=100 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 35.00 $ 45.00 $ 55.00 Per hour
(2 hr.minimum rental)
Heritage Room(whole) Maximum capacity=200 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 50.00 $ 60.00 $ 90.00 Per hour
(2 hr.minimum rental)
Lower Atrium Maximum capacity=100.Limited availability w/special arrangements; $ 35.00 $ 45.00 $ 55.00 Per hour
(2 hr.minimum rental) 4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm)
Prairie Room Standard conference=seats 18;4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 20.00 $ 25.00 $ 30.00 Per hour
(2 hr.minimum rental) Limited availability;City priority
GARDEN ROOM
Garden Room Room Rental,first four hours,minimum charge $ 250.00 $ 350.00 $ 450.00
Room Rental,each additional hour,hour increments $ 25.00 $ 50.00 $ 75.00
Security per hour if alcohol is served $ 70.00 $ 70.00 $ 70.00
Garden Conference Room Maximum capacity=40.4:30-10 pm;Mon-Fri;(Fri.closing is 5:00 pm) $ 25.00 $ 35.00 $ 45.00 Per hour
(2 hr.minimum rental)
2012 Fee Resolution - Facilities
Facility Facility Information 2012 Fee
Group 1 Group 2 Group 3
COMMUNITY CENTER •
** Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to
requested date.Times and dates must not conflict with an existing program or activity. City programs have priority.
**Eden Prairie Athletic Associations receive one free meeting room use per month.
Ice Arena-Rinks 1,2&3 Spring prime time-March 1 thru June 13-3 p.m.to 11 p.m. $ 185.00 $ 185.00 $ 185.00 Per hour plus applicable taxes
Monday-Friday,weekends,holiday,&non-school days;
Spring non-prime time-March 1 thru June 13-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes
Monday-Friday;
Summer time-June 14 thru Aug 31-6 a.m.to 11 p.m. $ 180.00 $ 180.00 $ 180.00 Per hour plus applicable taxes
Fall prime time-September 1 thru September 30 -3 p.m.to 11 p.m. $ 185.00 $ 185.00 $ 185.00 Per hour plus applicable taxes
Monday-Friday,weekends,holiday,&non-school days;
Fall non-prime time-September 1 thru September 30-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes
Monday-Friday;
U,
Winter prime time-October 1 thru February 29-3 p.m.to 11 p.m. $ 195.00 $ 195.00 $ 195.00 Per hour plus applicable taxes
Monday-Friday,weekends,holiday,&non-school days;
Winter non-prime time-October 1 thru February 29-before 3 p.m.and after 11 p.m. $ 155.00 $ 155.00 $ 155.00 Per hour plus applicable taxes
Monday-Friday;
MEE�2ROOMS All meeting rooms indude AV and white boards,wi fi and customized room set up induded.
2 hr minimum on all room rentals
Cambria Room $ 50.00 $ 55.00 $ 65.00 Per hour plus applicable taxes
Dry floor-3rd rink cement floor $ 50.00 $ 60.00 $ 75.00 Per hour plus applicable taxes
2012 Fee Resolution - Facilities
Facility Facility Information 2012 Fee
Group 1 Group 2 Group 3
$ 30.00 $ 40.00 $ 55.00 Per hour plus applicable taxes
Gymnasium(1 court)Gymnasium(Full gym) $ 50.00 $ 60.00 $ 75.00 Per hour plus applicable taxes
Lounge Eden Prairie Athletic Associations receive one free meeting room use per month $ 30.00 $ 40.00 $ 55.00 Per hour plus applicable taxes
Meeting Room 101 Eden Prairie Athletic Associations receive one free meeting room use per month $ 20.00 $ 25.00 $ 40.00 Per hour plus applicable taxes
Meeting Room 201 Eden Prairie Athletic Associations receive one free meeting room use per month $ 30.00 $ 40.00 $ 55.00 Per hour plus applicable taxes
Meeting Room 103 and 203 Eden Prairie Athletic Associations receive one free meeting room use per month $ 10.00 $ 15.00 $ 30.00 Per hour plus applicable taxes
Meeting Rooms 202 and combined 203 and 204 Eden Prairie Athletic Associations receive one free meeting room use per month $ 25.00 $ 30.00 $ 45.00 Per hour plus applicable taxes
Meeting Room 204 Eden Prairie Athletic Associations receive one free meeting room use per month $ 20.00 $ 25.00 $ 40.00 Per hour plus applicable taxes
Parking Permits 2010/2011-2011/2012 full year rate-Community Center $ 350.00 $ 350.00 $ 350.00
2010/2011-2011/2012 full year rate-Round Lake $ 200.00 $ 200.00 $ 200.00
Pro Rate beginning December 1-Community Center $ 175.00 $ 175.00 $ 175.00
Pro Rate beginning December 1-Round Lake $ 100.00 $ 100.00 $ 100.00
1--L Pro Rate beginning March 1-Community Center $ 87.50 $ 87.50 $ 87.50
cn
Pro Rate beginning March 1-Round Lake $ 50.00 $ 50.00 $ 50.00
Studio A Available for rental with the use of Eden Prairie fitness staff only $ 41.50 $ 41.50 $ 41.50 Per hour plus applicable taxes
Studio B Available for rental with the use of Eden Prairie fitness staff only $ 31.50 $ 31.50 $ 31.50 Per hour plus applicable taxes
Fitness Instructors $ 33.00 $ 33.00 $ 33.00 Per hour plus applicable taxes
Swimming Pool(capacity 268) Prime time-6 a.m.to 5 p.m.Monday thru Saturday/noon to 5 p.m.on Sundays $ 65.00 $ 65.00 $ 65.00 Per hour plus applicable taxes
Non-prime time-5 p.m.to 9 p.m.Monday thru Sunday $ 54.50 $ 54.50 $ 54.50 Per hour plus applicable taxes
Discounted rate-9 p.m.to 11 p.m.Monday thru Sunday plus cost of lifeguards at$16/hour $ 49.50 $ 49.50 $ 49.50 Per hour plus applicable taxes
Walleyball Per court for 90 minutes of play.EPCC does set up and tear down. $ 28.00 $ 28.00 $ 28.00 Plus applicable taxes
No hourly use.
2012 Fee Resolution - Facilities
Facility Facility Information 2012 Fee
Group 1 Group 2 Group 3
Group rental clean up fee(for groups with food)
Rooms 101 and 203 and viewing areas $ 10.00 $ 10.00 $ 10.00 per rental
Rooms 202 and 204 $ 15.00 $ 15.00 $ 15.00 per rental
Rooms 201,Small group Cambria and Lounge $ 25.00 $ 25.00 $ 25.00 per rental
Large Group Cambria,Gymnasium and Rink 3 $ 50.00 $ 50.00 $ 50.00 per rental
Preferred catering vendor fees
Resident $ 50.00 $ 50.00 $ 50.00 Annual
Non-Resident $ 100.00 $ 100.00 $ 100.00 Annual
OAK POINT POOL
** Lifeguards must be added as follows at the rate of$16.00 an hour; small slide pool rental only-minimum 3 lifeguards,
large pool rental only-minimum of 2 lifeguards,rental of entire pool facility-minimum of 5 lifeguards
**Additional lifeguards will be determined by management depending on group size and age.
** Sunday rentals require an additional$31.50 an hour maintenance fee for the rental of 6 lanes of the pool.
For Sunday rental of the entire pool,an additional$55.00 an hour is required.
Oak Point Pool Rental Prime time:6 a.m.-5 p.m.,Monday-Saturday;and noon-5 p.m.Sunday $ 65.00 $ 65.00 $ 65.00 Per hour plus applicable taxes
Non-prime time:5 p.m.-9 p.m.,Monday-Sunday $ 54.50 $ 54.50 $ 54.50 Per hour plus applicable taxes
Discount rate:9 p.m.-11 p.m.,Monday-Sunday $ 49.50 $ 49.50 $ 49.50 Per hour plus applicable taxes
PARK FACILITIES RENTAL
**All groups of over 100 will be charged full day rate
**All parks REQUIRE a$200 deposit
**Eden Prairie School District Programs charged only direct cost for all parks during the school day.
**No private group of over 300 will be allowed to reserve facilities at any park.(Maximum number at Staring Park will be 150.)
Crestwood Park Building Full Day-Maximum capacity varies $ 90.00 $ 90.00 $ 90.00 Plus applicable taxes
Homeward Hills Barn 1/2 Day-Maximum capacity varies $ 125.00 $ 125.00 $ 125.00 Plus applicable taxes
Full Day-Maximum capadtyvaries $ 165.00 $ 165.00 $ 165.00 Plus applicable taxes
Miller Park Building Full Day-Maximum capacity varies $ 90.00 $ 90.00 $ 90.00 Plus applicable taxes
Edenvale Park Building Full Day-Maximum capacity varies $ 90.00 $ 90.00 $ 90.00 Plus applicable taxes
Forrest Hills Park Building Full Day-Maximum capacity varies $ 90.00 $ 90.00 $ 90.00 Plus applicable taxes
Nesbitt Park Building Full Day-Maximum capacity varies $ 90.00 $ 90.00 $ 90.00 Plus applicable taxes
Purgatory Creek Recreation Area Pavilion 1/2 Day-Maximum capacity varies $ 140.00 $ 140.00 $ 140.00 Plus applicable taxes
Full Day-Maximum capacity varies $ 200.00 $ 200.00 $ 200.00 Plus applicable taxes
2012 Fee Resolution - Facilities
Facility Facility Information 2012 Fee
Group 1 Group 2 Group 3
Riley Lake Park Pavilion 1/2 Day-Maximum capacity varies $ 140.00 $ 140.00 $ 140.00 Plus applicable taxes
Full Day-Maximum capacity varies $ 200.00 $ 200.00 $ 200.00 Plus applicable taxes
Riley-Jacques Barn Per hour-2 hour minimum $ 45.00 $ 45.00 $ 45.00 Per hour plus applicable taxes
Round Lake Park Building 1/2 Day-Maximum capacity varies $ 115.00 $ 115.00 $ 115.00 Plus applicable taxes
Full Day-Maximum capacity varies $ 155.00 $ 155.00 $ 155.00 Plus applicable taxes
Round Lake Pavilion 1/2 Day-Maximum capacity varies $ 115.00 $ 115.00 $ 115.00 Plus applicable taxes
Full Day-Maximum capacity varies $ 155.00 $ 155.00 $ 155.00 Plus applicable taxes
Staring Lake Park Amphitheatre Per hour-2 hour minimum $ 55.00 $ 55.00 $ 55.00 Per hour plus applicable taxes
Audio Technician Sound Tech&Sound Equipment-2 hour minimum $ 35.00 $ 35.00 $ 35.00 Per hour plus applicable taxes
Staring Lake Park Building 1/2 Day-Maximum capacity varies $ 115.00 $ 115.00 $ 115.00 Plus applicable taxes
Full Day-Maximum capacity varies $ 155.00 $ 155.00 $ 155.00 Plus applicable taxes
Warming Houses-2 hour minimum Supervision required-2 hour minimum $ 10.00 $ 30.00 $ 30.00 Per hour plus applicable taxes
December 15-March 1
CO
SENIOR CENTER RFNTAT,
Senior Center Community Room/Kitchen Including kitchen-NO LOUNGE $ 40.00 $ 45.00 $ 45.00 Per hour plus applicable taxes
Senior Center Kitchen Approx.15 people with use of appliances $ 20.00 $ 20.00 $ 20.00 Per hour plus applicable taxes
Senior Center Community Room/Kitchen/Lounge All three rooms $ 60.00 $ 60.00 $ 60.00 Per hour plus applicable taxes
Senior Center Lounge Lounge only $ 15.00 $ 15.00 $ 15.00 Per hour plus applicable taxes
Senior Center Room 200 Approx.10-15 people $ 15.00 $ 20.00 $ 20.00 Per hour plus applicable taxes
Senior Center Room 201 Approx.40 people theater style,25 to 30 table seating $ 30.00 $ 35.00 $ 35.00 Per hour plus applicable taxes
Senior Center Room 203 Approx.25 people theater style,15 to 20 table seating $ 20.00 $ 25.00 $ 25.00 Per hour plus applicable taxes
Senior Center Room 209 Approx.10 to 15 $ 15.00 $ 20.00 $ 20.00 Per hour plus applicable taxes
Equipment Rental Portable TV/DVD player,Karaoke Machine/Cd's/Bingo Equipment $ 20.00 $ 20.00 $ 20.00 Per hour plus applicable taxes
Per rental Item
Attachment A
Permits from the Minnesota State Fire Code (MSFC) covered under the"miscellaneous"fee category on
g ry
the fee resolution.
Operational Permits
Aerosol products.An operational permit is required to manufacture,store or handle an aggregate
quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
Amusement buildings.An operational permit is required to operate a special amusement building.
Aviation facilities.An operational permit is required to use a Group H or Group S occupancy for aircraft
servicing or repair and aircraft fuel-servicing vehicles.Additional permits required by other sections of
this code include,but are not limited to,hot work,hazardous materials and flammable or combustible
finishes.
Battery systems.A permit is required to install stationary lead-acid battery systems having a liquid
capacity of more than 50 gallons (189 L).
Carnivals and fairs.An operational permit is required to conduct a carnival or fair.
Cellulose nitrate film.An operational permit is required to store,handle or use cellulose nitrate film in a
Group A occupancy.
Combustible dust-producing operations.An operational permit is required to operate a grain elevator,
flour starch mill,feed mill,or a plant pulverizing aluminum,coal,cocoa,magnesium,spices or sugar,or
other operations producing combustible dusts as defined in Chapter 2.
Combustible fibers.An operational permit is required for the storage and handling of combustible fibers
in quantities greater than 100 cubic feet(2.8 m3).
Exception:A permit is not required for agricultural storage.
Compressed gases.An operational permit is required for the storage,use or handling at normal
temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.9.
Exception:Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Covered mall buildings.An operational permit is required for:
1.The placement of retail fixtures and displays,concession equipment,displays of highly combustible
goods and similar items in the mall.
2.The display of liquid-or gas-fired equipment in the mall.
3.The use of open-flame or flame-producing equipment in the mall.
Cryogenic fluids.An operational permit is required to produce,store,transport on site,use,handle or
dispense cryogenic fluids in excess of the amounts listed in Table 105.6.11.
Exception:Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel
for propelling the vehicle or for refrigerating the lading.
Dry cleaning plants.An operational permit is required to engage in the business of dry cleaning or to
change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
Exhibits and trade shows.An operational permit is required to operate exhibits and trade shows.
Explosives.An operational permit is required for the manufacture,storage,handling,sale or use of any
quantity of explosive,explosive material,fireworks,or pyrotechnic special effects within the scope of
Chapter 33.
Floor finishing.An operational permit is required for floor finishing or surfacing operations exceeding
350 square feet(33 m2) using Class I or Class II liquids.
19
Fruit and crop ripening.An operational permit is required to operate a fruit,or crop-ripening facility or
conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging.An operational permit is required to operate a business of
fumigation or thermal insecticidal fogging and to maintain a room,vault or chamber in which a toxic or
flammable fumigant is used.
HPM facilities.An operational permit is required to store,handle or use hazardous production materials.
High-piled storage.An operational permit is required to use a building or portion thereof as a high-piled
storage area exceeding 500 square feet(46 m2).
Hot work operations.An operational permit is required for hot work including,but not limited to:
1.Public exhibitions and demonstrations where hot work is conducted.
2.Use of portable hot work equipment inside a structure.
Exception:Work that is conducted under a construction permit.
3.Fixed-site hot work equipment such as welding booths.
4.Hot work conducted within a hazardous fire area.
5.Application of roof coverings with the use of an open flame device.
Industrial ovens.An operational permit is required for operation of industrial ovens regulated by
Chapter
21.
Lumber yards and woodworking plants.An operational permit is required for the storage or processing
of lumber exceeding 100,000 board feet(8,333 ft3) (236 m3).
Liquid-or gas-fueled vehicles or equipment in assembly buildings.An operational permit is required to
display,operate or demonstrate liquid-or gas-fueled vehicles or equipment in assembly buildings.
Magnesium.An operational permit is required to melt,cast,heat treat or grind more than 10 pounds
(4.54 kg)of magnesium.
Miscellaneous combustible storage.An operational permit is required to store in any building or upon
any premises in excess of 2,500 cubic feet(71m3) gross volume of combustible empty packing cases,
boxes,barrels or similar containers,rubber tires,rubber, cork or similar combustible material.
Open burning.An operational permit is required for the kindling or maintaining of an open fire or a fire
on any public street,alley,road,or other public or private ground.Instructions and stipulations of the
permit shall be adhered to.
Exception:Recreational fires.
Open flames and candles.An operational permit is required to remove paint with a torch;use a torch or
open flame device in a hazardous fire area;or to use open flames or candles in connection with assembly
areas,dining areas of restaurants or drinking establishments.
Organic coatings.An operational permit is required for any organic-coating manufacturing operation
producing more than 1 gallon(4 L) of an organic coating in one day.
Places of assembly.An operational permit is required to operate a place of assembly.
Pyrotechnic special effects material.An operational permit is required for use and handling of
pyrotechnic special effects material.
Pyroxylin plastics.An operational permit is required for storage or handling of more than 25 pounds (11
kg) of cellulose nitrate (pyroxylin)plastics and for the assembly or manufacture of articles involving
pyroxylin plastics.
Refrigeration equipment.An operational permit is required to operate a mechanical refrigeration unit or
system regulated by Chapter 6.
Repair garages and service stations.An operational permit is required for operation of repair garages
and automotive,marine and fleet service stations. 20
Rooftop heliports.An operational permit is required for the operation of a rooftop heliport.
Spraying or dipping.An operational permit is required to conduct a spraying or dipping operation
utilizing flammable or combustible liquids or the application of combustible powders regulated by
Chapter 15.
Storage of scrap tires and tire byproducts.An operational permit is required to establish,conduct or
maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet(71m3) of total volume of
scrap tires and for indoor storage of tires and tire byproducts.
Temporary membrane structures,tents and canopies.An operational permit is required to operate an
air-supported temporary membrane structure or a tent having an area in excess of 200 square feet(19
m2),or a canopy in excess of 400 square feet(37 m2).
Exceptions:
1.Tents used exclusively for recreational camping purposes.
2.Fabric canopies and awnings open on all sides which comply with all of the following:
2.1. Individual canopies shall have a maximum size of 700 square feet(65 m2).
2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of 12 feet
(3658 mm) shall not exceed 700 square feet(65 m2)total.
2.3.A minimum clearance of 12 feet(3658 mm) to structures and other tents shall be provided.
Tire-rebuilding plants.An operational permit is required for the operation and maintenance of a tire
rebuilding plant.
Waste handling.An operational permit is required for the operation of wrecking yards,junk yards and
waste material-handling facilities.
Wood products.An operational permit is required to store chips,hogged material,lumber or plywood in
excess of 200 cubic feet(6 m3).
Construction Permits
Compressed gases.When the compressed gases in use or storage exceed the amounts listed in Table
105.6.9,a construction permit is required to install,repair damage to,abandon,remove,place temporarily
out of service,or close or substantially modify a compressed gas system.
Exceptions:
1.Routine maintenance. .
2.For emergency repair work performed on an emergency basis,application for permit shall be made
within two working days of commencement of work.
The permit applicant shall apply for approval to close storage,use or handling facilities at least 30 days
prior to the termination of the storage,use or handling of compressed or liquefied gases. Such application
shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3.The
30-day period is not applicable when approved based on special circumstances requiring such waiver.
Flammable and combustible liquids.A construction permit is required:
1.To repair or modify a pipeline for the transportation of flammable or combustible liquids.
2.To install, construct or alter tank vehicles,equipment,tanks,plants,terminals,wells,fuel-dispensing
stations,refineries,distilleries and similar facilities where flammable and combustible liquids are
produced,processed,transported,stored, dispensed or used.
3. To alter,abandon,place temporarily out of service or otherwise dispose of a flammable or combustible
liquid tank.
21
Hazardous materials.A construction permit is required to install,repair damage to,abandon,remove,
place temporarily out of service,or close or substantially modify a storage facility or other area regulated
by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
1.Routine maintenance.
2.For emergency repair work performed on an emergency basis,application for permit shall be made
within two working days of commencement of work.
Industrial ovens.A construction permit is required for installation of industrial ovens covered by
Chapter 21.
Exceptions:
1.Routine maintenance.
2.For repair work performed on an emergency basis, application for permit shall be made within two
working days of commencement of work.
LP-gas.A construction permit is required for installation of or modification to an LP-gas system.
Spraying or dipping.A construction permit is required to install or modify a spray room,dip tank or
booth.
22
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
BUSINESS LICENSES
Other
Refuse&garbage collectors Annual-1st Vehicle $ 100.00 $ 100.00 $ 125.00 25.0%
CUSTOMER SERVICE
Digital GIS Data Requests
2ft contours-per sq mile $ 10.00 $ 10.00 $ 50.00 400.0%
Spot elevation point data-per sq mile $ 10.00 $ 10.00 $ 50.00 400.0%
Base map data-citywide data $ 60.00 $ 60.00 $ 100.00 66.7%
ASSESSING
Electronic Copies of Reports
Basic set-up charge Prepayment required for all set-up charges $ 200.00 $ 200.00 $ 300.00 50.0%
COMMUNITY CENTER
Monthly Resident Membership Rates
Youth(18 and under) Monthly rate plus applicable taxes $ 24.75 $ 26.00 $ 27.00 3.8%
Adult(19 and over) Monthly rate plus applicable taxes $ 33.00 $ 34.00 $ 35.00 2.9%
Dual Monthly rate plus applicable taxes $ 58.75 $ 60.50 $ 62.50 3.3%
Dual Plus One Monthly rate plus applicable taxes $ 69.00 $ 71.50 $ 73.50 2.8%
Household Monthly rate plus applicable taxes $ 79.50 $ 82.00 $ 84.00 2.4%
Senior(62 and older) Monthly rate plus applicable taxes $ 25.00 $ 26.00 $ 27.00 3.8%
Senior Dual Monthly rate plus applicable taxes $ 44.00 $ 45.50 $ 46.75 2.7%
Monthly Non Resident Membership Rates
Youth(18 and under) Monthly rate plus applicable taxes $ 39.75 $ 41.00 $ 42.25 3.0%
Adult(19 and over) Monthly rate plus applicable taxes $ 39.75 $ 41.00 $ 42.25 3.09E
Dual Monthly rate plus applicable taxes $ 70.50 $ 73.00 $ 75.00 2.7%
Dual Plus One Monthly rate plus applicable taxes $ 82.75 $ 85.50 $ 88.00 2.9%
Household Monthly rate plus applicable taxes $ 95.00 $ 98.00 $ 101.00 3.1%
Senior(62 and older) Monthly rate plus applicable taxes $ 39.75 $ 41.00 $ 42.25 3.0%
Senior Dual Monthly rate plus applicable taxes $ 70.50 $ 73.00 $ 75.00 2.7%
Page 1 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
College Student Short-term Membership Rates
*Students must show college ID
*Administrative Fee is waived
*Applicable taxes apply
One Month(Winter Break) 30 consecutive days between Nov 15-Jan 30 $ - $ - $ 49.00 new
Three Months(Summer) 3 consecutive months between April 15-Sept 15 $ - $ - $ 99.00 new
Four Months(Summer) 4 consecutive months between April 15-Sept15 $ - $ - $ 129.00 new
Non-College Student Short-term Membership Rate
One Month Administrative Fee is waived $ - $ - $ 75.00 new
Equipment Rental
**Skates free to Eden Prairie on-profit service organization groups
Ice Skates Per pair $ 2.00 $ 2.00 $ 2.50 25.0%
Dry Floor Gym rental includes:10 tables,40 chairs,4 stanchions,and two white boards
Additional Chairs $ - $ - $ 2.00 new
Additional Stanchion $ - $ - $ 5.00 new
Additional Table $ - $ - $ 5.00 new
Play Structure
12 months-4 years of age Per child,per visit $ 3.50 $ 3.50 $ 4.00 14.3%
5 years to 15 years Per child,per visit $ 4.50 $ 4.50 $ 5.00 11.1%
Play Structure-Non-prime Time
Half price Monday-Friday after 1 p.m.and Saturday-Sunday after 4 p.m.
12 months-4 years of age Per child,per visit $ - $ - $ 2.00 new
5 years to 15 years Per child,per visit $ $ - $ 2.50 new
Tot Time/Open Gym
Non Members $ 5.50 $ 5.50 $ 6.00 9.1%
Daily Full Use Pass(includes open gym,open skate,open swim,group fitness,fitness,and racquetball)
Individual Resident Youth or adult $ 8.00 $ 8.00 $ 9.00 12.5%
Individual Non Resident Youth or adult $ 10.00 $ 10.00 $ 12.00 20.0%
Page 2 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
Open Skate,Swim and Gym
Tots 12 months to 4 years $ 3.50 $ 3.50 $ 4.00 14.3%
Youth 5 years of age to 18.years of age $ 4.50 $ 4.50 $ 5.00 11.1%
Adult 19 years of age or older $ 5.00 $ 5.00 $ 5.50 10.0%
Family rate Max 5 people living at same address $ 15.00 $ 15.00 $ 16.50 10.0%
Racquetball
Non-Members $ - $ 8.00 $ 8.50 6.3%
Racquetball Non Prime Rate 8:00am-11:00 am/after 2:OOpm on Saturday/All day Sunday $ - $ - $ 5.50 new
Special Ice Rates-School District 272
Physical education classes Per hour-50%of non-prime time rate $ 75.00 $ 75.00 $ 77.50 3.3%
Hockey games Prime time rate-Personnel required to run the games supplied by others.
COMMUNITY CENTER-POLICY OF GROUP RATE&LIABILITIES
Skate Rental $ 2.00 $ 2.00 $ 2.50 25.096
Pool rental Per hour.Two hour minimum plus$16.00/hr per lifeguard $ 53.00 $ 53.00 $ 54.50 2.8%
OAK POINT POOL
Pool Rental-Lifeguards
** Pool rental in addition to these fees
Small slide pool rental only Per hour for three lifeguards $ 46.00 $ 47.00 $ 48.00 2.196
Rental of entire pool facility Per hour for five lifeguards $ 77.00 $ 79.00 $ 80.00 1.396
Requires a minimum of 5 lifeguards
PLEASANT HILL CEMETERY
Internment
Burial fees are direct cost from contractor.These could adjust mid-year du e to contractor price increase.
Casket burial $ - $ - $ 550.00 new structure
Cremation Burial $ - $ - $ 350.00 new structure
Set Grave Markers
Single $ 200.00 $ 200.00 $ 250.00 25.0%
Double $ 250.00 $ 250.00 $ 300.00 20.0%
Page 3 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
FORESTRY
Administrative fee-tree/weed ordinance violations
Flat charge is added to the current balance due to
obtain the total certified amount $ - $ - $ 75.00 new
POLICE
Data Processing
Duplicating,audio recording $ 10.00 $ 10.00 $ 10.00 0.0%
Duplicating,documentation Per standard page $ 0.25 $ 0.25 $ 0.25 0.0%
Standard reports Per hour $ 20.00 $ 20.00 $ 20.00 0.0%
Non-standard report Per hour-Minimum charge is one hour $ 50.00 $ 50.00 $ 50.00 0.0%
Reports
Non-resident Per page $ 3.00 $ 3.00 $ 0.25 -91.796
INSPECTIONS
Fire Alarm&Non-Water Suppression
$1 to$2,000 $ 90.00 $ 90.00 $ 90.00 0.0%
$2,001 to$25,000 1st$2,000 plus$18.65 each addi$1,000 or fraction thereof,to&including$25,000 $ 90.00 $ 90.00 $ 90.00 0.0%
$25,001 to$50,000 1st$25,000 plus$13.70 each add'I$1,000 or fraction thereof,to&including$50,000 $ 494.80 $ 494.80 $ 518.95 4.9%
$50,001 to$100,000 1st$50,000 plus$9.50 each add'!$1,000 or fraction thereof,to&including$100,000 $ 817.30 $ 817.30 $ 861.45 5.4%
$100,001 to$500,000 1st$100,000 plus$7.65 each add'i$1,000 or fraction thereof,to&including$500,000 $ 1,267.30 $ 1,267.30 $ 1,336.45 5.5%
$500,001 to$1,000,000 1st$500,000 plus$6.30 each add'!$1,000 or fraction thereof,to&including$1,000,000 $ 4,147.30 $ 4,147.30 $ 4,396.45 6.0%
$1,000,001&up 1st$1,000,000 plus$5.10 each add'I$1,000 or fraction thereof $ 7,122.30 $ 7,122.30 $ 7,546.45 6.0%
Fire Prevention Permits
Burning permits Per site. Limit 2 days per week $ 95.00 $ 95.00 $ 100.00 5.3%
Faammable&combustible liquid tank removal Per tank. Less than 1,000 gallons $ 95.00 $ 95.00 $ 100.00 5.3%
Per tank. Greater than 1,000 gallons $ 210.00 $ 210.00 $ 225.00 7.1%
Grease vapor removal system cleaning Per cleaning $ 115.00 $ 115.00 $ 120.00 4.3%
LP gas,flammable&combustible liquid tank install Per tank $ 240.00 $ 240.00 $ 255.00 6.3%
LP gas tank(temporary heat)>100 gallons Per tank $ 80.00 $ 80.00 $ 85.00 6.3%
Special hazard permit-MUFC Article 4 Maximum of 3 per site $ 185.00 $ 185.00 $ 195.00 5.4%
Tents/canopy(Residential) Per tent $ 42.50 $ 42.50 $ 45.00 5.9%
Tents/canopy(Commercial) Per tent $ 85.00 $ 85.00 $ 90.00 5.9%
Investigation Fee-all work started w/o a permit Equal to amount of permit fee
Page 4 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
Fire Sprinkler Systems
$1 to$2,000 $ 90.00 $ 90.00 $ 90.00 0.096
$2,001 to$25,000 1st$2,000 plus$18.65 each add'1$1,000 or fraction thereof,to&including$25,000 $ 90.00 $ 90.00 $ 90.00 0.0%
$25,001 to$50,000 1st$25,000 plus$13.70 each add'1$1,000 or fraction thereof,to&including$50,000 $ 494.80 $ 494.80 $ 518.95 4.996
$50,001 to$100,000 1st$50,000 plus$9.50 each add'1$1,000 or fraction thereof,to&including$100,000 $ 817.30 $ 817.30 $ 861.45 5.496
$100,001 to$500,000 1st$100,000 plus$7.65 each add'1$1,000 or fraction thereof,to&including$500,000 $ 1,267.30 $ 1,267.30 $ 1,336.45 5.596
$500,001 to$1,000,000 1st$500,000 plus$6.30 each add'1$1,000 or fraction thereof,to&including$1,000,000 $ 4,147.30 $ 4,147.30 $ 4,396.45 6.096
$1,000,001&up 1st$1,000,000 plus$5.10 each add'1$1,000 or fraction thereof $ 7,122.30 $ 7,122.30 $ 7,546.45 6.096
Heating&Ventilating-Job Valuation
0 to$1,000 $ 35.00 $ 35.00 $ 35.00 0.0%
$1,001 to$10,000 1st$1,000 plus$2.00 for each add'1$100 or fraction thereof,to and including$10,000 $ 35.00 $ 35.00 $ 35.00 0.0%
$10,001 to$50,000 1st$10,000 plus$16.75 for each add'1$1,000 or fraction thereof,to and including$50,000 $ 206.00 $ 206.00 $ 235.00 14.196
$50,001 and up 1st$50,000 plus$13.50 for each additional$1,000 or fraction thereof $ 838.00 $ 838.00 $ 905.00 8.096
Heating&Ventilating-Other
Gas piping Each opening $ 15.00 $ 15.00 $ 20.00 33.3%
Reinspection $ 50.00 $ 50.00 $ 20.00 -60.096
Plumbing-Job Valuation
For each openings on gas $ 15.00 $ 15.00 $ 20.00 33.3%
Municipal sewer per 100 feet $ 20.00 $ 20.00 $ 25.00 25.0%
Municipal water per 100 feet $ 20.00 $ 20.00 $ 25.00 25.0%
Storm sewer&sub soil drains per 100 feet $ 20.00 $ 20.00 $ 25.00 25.096
Sewage disposal(ISTS) $ 150.00 $ 150.00 $ 175.00 16.796
Rental Licenses Fees for 1st unit of 1 to 4 plex-additional units under same roof are$9.50 for each additional unit $ 50.00 $ 52.50 $ 55.00 4.896
Apartment Complex-$55.00 for the 1st unit in a complex+$9.50 for each additional rental unit
Septic System Pumping
$ 20.00 $ 20.00 $ 25.00 25.0%
•
System Access Charges-Utility Charges Sanitary Sewer
Residential Per R.E.C. $ 535.00 $ 550.00 $ 570.00 3.6%
Industrial, public, office Per Metro SAC $ 980.00 $ 1,010.00 $ 1,040.00 3.0%
Commercial Per Metro SAC $ 1,380.00 $ 1,420.00 $ 1,460.00 2.896
Page 5 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
System Access Charges-Utility Charges Water
Residential Per R.E.C. $ 2,370.00 $ 2,440.00 $ 2,510.00 2.9%
Industrial,public,office Per Metro SAC $ 3,090.00 $ 3,180.00 $ 3,280.00 3.196
Commercial Per Metro SAC $ 3,700.00 $ 3,810.00 $ 3,920.00 2.996
Water/Sewer Connection
A connection fee of$17,970 per single unit is applicable if the property has not participated $ 16,940.00 $ 17,450.00 $ 17,970.00 3.0%
in the cost of the utilities by other methods.
OTHER
** Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer
Engine company Per hour $ 150.00 $ 150.00 $ 250.00 66.7%
Ladder company Per hour $ 200.00 $ 200.00 $ 300.00 50.0%
Rescue,grass rig,or rescue boat Per hour $ 100.00 $ 100.00 $ 150.00 50.0%
Specialized Personnel Chief Officer,Investigator Per hour $ 50.00 $ 50.00 $ 75.00 50.0%
Firefighter supplemental employment Per 3 hour block-Minimum charge of three hours $ 35.00 $ 35.00 $ 37.50 7.196
ENGINEERING
Permit for Right-of-Way Excavations
Mainline utility and telecommunication installations Per/100 L.F $ 20.50 $ 21.00 $ 25.00 19.0%
Repair or service excavation Turf area $ 29.00 $ 30.00 $ 35.00 16.796
Pavement area $ 69.00 $ 71.00 $ 75.00 5.696
Residential driveway $ 29.00 $ 30.00 $ 35.00 16.7%
Commercial driveway $ 69.00 $ 71.00 $ 75.00 5.696
All other excavations Turf area $ 29.00 $ 30.00 $ 35.00 16.7%
Pavement area $ 69.00 $ 71.00 $ 75.00 5.6%
Street Signs
9 button delineator-red Includes post&install $ 117.00 $ 121.00 $ 127.00 5.096
Includes breakaway post&install $ 138.00 $ 142.00 $ 149.00 4.9%
Future road extension advisory Includes 2 posts&install-36"x 30" $ 266.00 $ 274.00 $ 288.00 5.1%
Keep right symbol Includes 9 button delin-yellow,no post $ 142.00 $ 146.00 $ 153.00 4.896
Includes 9 button delin-yellow,install,post $ 168.00 $ 173.00 $ 182.00 5.2%
Includes 9 button delin-yellow,install&breakaway post $ 196.00 $ 202.00 $ 212.00 5.0%
No outlet Includes post&install-24"x 24" $ 129.00 $ 133.00 $ 140.00 5.3%
No parking Includes post&install-Used for Turn-Around $ 147.00 $ 152.00 $ 160.00 5.3%
Stop sign Includes brackets,install,no post-30"x 30" $ 142.00 $ 146.00 $ 153.00 4.896
Includes brackets,install,with post-30"x 30" $ 168.00 $ 173.00 $ 182.00 5.296
Street name sign Includes install with 12'post-6"x 6" $ 234.00 $ 241.00 $ 253.00 5.0%
Includes install with 12'post-6"x 9" $ 262.00 $ 269.00 $ 282.00 4.8%
Includes install with 12'post-9"x 9" $ 281.00 $ 290.00 $ 304.00 4.896
Temporary street name sign PIus 15%surcharge for maintenance until permanent signs in place $ 164.00 $ 169.00 $ 177.00 4.7%
Page 6 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
Weight Restrictions
Truck overweight permit fee Per trip $ 41.00 $ 42.00 $ 50.00 19.0%
UTILITIES
Fire Hydrant Use I Meter for Construction and Irrigation
Permit $ 40.00 $ 40.00 $ 45.00 12.5%
3"meter deposit Refundable $ 500.00 $ 500.00 $ 550.00 10.096
Storm Drainage Land Use Quarterly Fee
Single-family homes Each $ 4.00 $ 5.00 $ 6.00 20.0%
Multi-family/apartments per acre rates.Divide each by 3 for monthly rates. $ 39.60 $ 49.75 $ 59.60 19.8%
Industrial per acre rates.Divide each by 3 for monthly rates. $ 39.60 $ 49.75 $ 59.60 19.896
Commercial/office per acre rates.Divide each by 3 for monthly rates. $ 51.60 $ 64.80 $ 77.65 19.8%
Institutions per acre rates.Divide each by 3 for monthly rates. $ 44.88 $ 56.40 $ 67.55 19.8%
Airport/landfill per acre rates.Divide each by 3 for monthly rates. $ 9.84 $ 12.40 $ 14.85 19.896
Parks/open space/golf course per acre rates.Divide each by 3 for monthly rates. $ 5.52 $ 7.00 $ 8.35 19.3%
Undeveloped land Each $ 13.20 $ 16.60 $ 19.90 19.9%
User Charges
** Penalty for billed charges:1%per month on account not paid within 30 days of billing
** A residential equivalent connection(R.E.C.)is one dwelling unit
** The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.0
Sanitary sewer Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. $ 2.20 $. 2.35 $ 2.50 6.4%
Water(Residential) Per 1,000 gallons-Subject to minimum of 4,000 gallons per quarter per R.E.C. $ 1.75 $ - $ 0.0%
Flow Charge 0 to 36,000 gallons $ 1.80 $ 1.85 2.8%
Flow Charge 36,001 to 48,000 gallons $ 2.80 $ 2.85 1.8%
Flow Charge 48,001 to 60,000 gallons $ 3.30 $ 3.35 1.5%
Flow Charge 60,001 to 78,000 gallons $ 3.80 $ 3.85 1.3%
Flow Charge 78,001 and above $ 4.30 $ 4.35 1.2%
Water
All Other Classes $ 1.80 $ 1.85 2.8%
Includes Commercial,Apartments,Institutions,etc.
Page 7 of 8
2012 Fee Resolution Changes
%Change
Service Description 2010 2011 2012 11 to 12
Irrigation Irrigation only Meters Residential and Other Classes
Flow Charge 0 to 48,000 gallons-divide each by 3 for monthly rates $ 2.80 $ 2.85 1.8%
Flow Charge 48,001 to 60,000 gallons-divide each by 3 for monthly rates $ 3.30 $ 3.35 1.5%
Flow Charge 60,001 to 78,000 gallons-divide each by 3 for monthly rates $ 3.80 $ 3.85 1.3%
Flow Charge 78,001 and above-divide each by 3 for monthly rates $ 4.30 $ 4.35 1.296
Fixed charges-Per Quarter Per quarter $ 12.50 $ 15.60 $ 19.50 25.0%
Each R.E.C.will be billed:$9.75 fixed charge for water and$9.75 fixed charge for sewer
Fixed charges are billed on the greater of the number of R.E.C.'s on connections
Fixed charges-Per Month Per month $ 5.00 $ 6.30 $ 7.80 23.896
Each R.E.C.will be billed:$3.90 fixed charge for water and$3.90 fixed charge for sewer
Fixed charges are billed on the greater of the number of R.E.C.'s on connections
Unmetered residential sewer only use charges$37 per quarter per R.E.C.plus a$7.80 fixed charge $ 35.00 $ 36.00 $ 37.00 2.896
Administrative fee Flat charge is added to the current balance due to obtain the total certified amount $ 40.00 $ 40.00 $ 45.00 12.5%
Water flow test for 5/8"meters When consumption is challenged by a customer&the meter is accurate $ 35.00 $ 35.00 $ 40.00 14.3%
Water service turn on/off After initial turn on,any non-emergency on/off request by a commercial lending institution, $ 35.00 $ 35.00 $ 40.00 14.3%
government agency(HUD),or private property management service
Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive $ 2.50 $ 2.50 $ 2.75 10.0%
Page 8 of 8
2012 Fee Resolution-Facilities Changes
Group 1 Crroop 1 Group] Group 1 Group 2 Group 2 Group Group: Group Group fereap 3 Group 3
Fatflley Fultllylnkrmalion 3010.1 7011.] 2011-I %f]hange 201D-2 2013.2 2012-1 %Change 2010.3 10110 2617-3 %Change
r 1 In 12 11 1n 12. 11 19 12-
LiAe12rz4 R�'6
Garden tome Rwrm Rmd.first tour tour;minimum tharge s - 5 - 5 M0➢0 IIC.41 5 300.06 1 300.00 5 350.00 16.235 1 9151.00 $ 160.00 5 15100 12-5%
]loam Reeml.eatb adelthone1 Suer.hour iwemeau 5 - 1 - 5 25.00 new S 3066 5 50.60 5 50.116 00% 5 73.00 5 75.611 5 75110 011%
5.016,per hour Li Fr rayed 5 • 5 - 5 70.0E Der $ 70,00 0A9d L 70.00 00%
CF A124.tarn rFNFar
RegUIG MEIN he mhmeded[u 131e Department Coordkmlor or Cuaomer Issue R_-presrnla[ive o mm;m i of two weeks prier to
regaeaal dire,'funs and dal.mug not Booth.with an visaing program or eaMry.City program h aoe pia Wry,
'•Ed.Ptsiele Addetir Amoeba..roe..one isle+meting room use prr month
]r Arena-RSnka3-1161 Spring Prime time.M h i lira lune 13-3 pm_ml]tiny. Per daub pins opplimhle loan F 175.09 $ 110,00 5 15560 2.1% 5 175.00 S 110.65 S 1E1520 111% 1 17560 5 1$600 I 155.00 2.166
Monday•Friday,w kendr.InI]dxy,&nol•adinot days,
Fv11 prime 401t-Srplemin 1 Meu September 30-3 p.m to 1I pm For hour plus applitahk rem 5 175,00 5 100,00 5 15150 26% 5 175-00 5 116110 5 IBS-00 2.1% 5 17560 5 11100 S 155.00 15%
Mordey-Friday,Weekends,halldey.%mr-.d o[dap;
Motu tiding time-Geleher l lhro Febmar325.3 pm.loll pm. Per hour plurapplirablh morn 1 i 05.611 S 19000 5 19500 2.6% S 1e5.00 5 I96.06 f 19556 16% 1 10300 $ 1906E L 199,01 1.66
Mondry-Fddoy,weekends hrliday,h non-sdrool days
M1=E'fl21 Relhyy15 All towing rooms lndude AY and yhilehaerdr,Wi Oand mclnmia.d room se+op included.
2 Par mindmoa on an c mom rentals
Cambria Room Perhmu plus opp6mhlesse% S 93.00 5 4550 S 50,05 111% S 50.00 S 50313 $ 55,00 110% 5 65.00 5 65.00 S 153.00 0055
Dry door-3rd rink cemmr➢oar Per hour pluseppllmlde lms= 5 90.60 5 9606 1 500E 25A45 S 5600 S 5666 5 56.W 206% 5 6560 5 55.00 j 75-60 35A%
Gymnasium l]ennui Pee boor Plus awplknhlc Was 1 3560 5 73A6 L 3660 916% S 3550 S 3S00 5 10,0E 113% S 56S6 5 5060 $ 55.50 10594
Gymnarium(Ful1 gym) Per hour plus spp0mldeuiea 5 96.30 5 16,00 1 SOAR 75.094 1 5560 S 50.00 S 60.00 36061 5 65.0E $ 6560 5 7510 35.4%
tonne Eden PrEaie Athletic A oo...Lo sreceive one(e owning room ore per month Per hour paced p14w6&Lan. $ 29.0E 1 25.00 5 3100 200% 5 30.130 5 9110E 1 9600 333% 5 15.0E S 15130 5 515.00 72291
Meeting Room l31 Eden Prairie Adolede Associations sot rt one Free meeting room ore per m04111 Per nor Om opplkthte tarrs I 15.00 5 15.60 5 10.00 333% S 141.3E S 1006 L 25350 25,p% 5 15.IX1 L 3566 5 4600 146%
Meedeg Room 201 Eder,Pmhde Alhkdc Assoc/atlas.grease use fret mmtiag room nee perwanth Per hour plulappliable tares g 3000 5 30.00 3 3000 631% $ 15,00 L 3550 L a0116 1-0396 S 50,00 1 50.00 5 55.00 1031%
1.3re.ing 1Weml03 and 203 Eden Prakrir Athletic Amodnslorp reoehe one Erre miming mom me per month P.hour plus appOrablelum 5 15-00 5 1550 5 1090 •33.3% S 2060 $ 20.00 S t5J52 -256% 5 3560 S 3566 $ 50.00 -143%
Meeting Ftemr.112 and combined 203 and 305 Edna Pralrk Athltl1e Amodaelod6 reerlve one.hoe meting room lice pnmmoolh Pc hour plus applicable sae.. g 21110 5 20.00 L 25.00 130% 5 25611 5 25.00 5 3069 20.0% 5 16.00 5 90.00 5 45610 124%
hleetin59uvn 304 Prim Pm-MMEM/641e Asso6400os receiveone free euerting an4W µbe permonlh Per NOLO phl3 applicable loam 5 - 5 • 5 76-611 now S - L - d 75.00 new S - S • L 50.00 neer
5todioA An0abief rp+lsi with the me of!dm Prole%ELM.µoff only Per hour plus oppllerblelesea 5 40.0E S 90.00 1 6150 35% S 4600 L 40-01 5 -0L513 3.0% 5 1000 5 90.0 1 4130 331%
Studio EL Available for mnml v]theme of Eden Prairie imaeaa gal£on*y Par hew plusapplioble saxes 5 30.60 5 30.0E 5 3150 5.6% 5 30.00 5 3100 5 31511 SA% 5 39.00 s 30110 S 3150 5,1W
Fmrrshatroetore Per hoar plus app.:able*sae. 5 32.00 1 33.0D 5 3350 3.1% S 3200 S 5100 5 33.00 3-1% 5 5100 1 ]slop 5 33d0 3,1%
Swimming Pool 1E:patl77611) PrLn1 Male-5a .In Spm Mondry Ora gelord.y!noon 3n 5 pm pry Suadaye Per doorplessapppp}le tams L 65.00 5 65.00 S 65.60 32% 3 0.00 S 1131p 5 55.00 32% 5 63.3E 5 63.E0 5 05.00 3195
Noo-prime rime.3 pus.to 9pmMondaylhm Sunday Per dour phaeappllnbs taxes 5 536 5 S3.M 5 39-50 LB% $ 53.00 $ 53.163 5 39.50 2-5% S 5360 S 5300 S 3450 21%
Diamanled rate-9pro.tall pm Monday dim Sunday plus eornfafeguards e15161heur Perhe m pin applwhle tors 1 46.50 5 96.05 5 1930 3-1% 5 91.00 $ 9560 L 4050 3.1% 5 45.00 $ 4100 5 9930 3,1%
Wsl1e06l Per court for P6mioulm ofpley,EKG don nel up mad MU dower PI119xpplleablelamm S 75-06 5 33.1# 5 7/.00 11.39E 3 15.00 5 25.00 S 2&00 12_056 1 2526 5 75.00 S 12160 110%
No hautly sac
Page 1 OP
2012 Fee Resolution-Facilities Changes
Grnop1 Gump Group] Group Groop2 Group G ramp 2 Grnup3 Group Group Group3 Group
Pad]ily Nullity lvfurmaeiun 2010.3 2011.1 2012.1 %C6anpe 2516-2 2011.1 2.0I2.2 a,Ch.nsr 70103 2011.3 2012.3 %Change
111012 111012 114012
OAK PRINT POOL
Chk 50101 Pool Rahtal Prime time 6 am,5 ps4Mnndoy.S.lurday:arld newn•5 par.Swulhy Putt hour ploy applicablr came S 63.00 5 6100 S 65.00 32% S 63.00 5 6300 5 5109 33% 5 63.00 S 63E0 5 65.09 32%
Non-prime time p722.-9 p.m,Mmnday-Sunday Per hew plmupplie01l cares 5 53.00 5 53.00 $ 5430 2.0% S 5300 S 5300 5 54.50 2.651 5 53.00 5 53.00 5 59_W 7_3%
Dlsrount rue pm-11p05.M9nd95.54aday Per hmu plus applicable tors 5 49.06 S 4600 S 4950 3.1% 3 1l60 5 4E93 S 4950 3.Na 5 05.00 S 9300 S 4950 3.1%
PARK FACILITIES APNFAL
••AL pmupa of ever 190 will be Charged fuU day roll
••AS parka REQUIRE a st%depth
••saw Prafrk 30601 Dlmkl Program.charged onlydhxi ma far di parka during the sdr01 day.
••N0 private goop of over390 will be a1nwed in reserve 3.00401 sr anypark[Mxmbeom number.Sharing Pork will br 150)
Crestwood P105H61601 pull Day•Midraum Capacity varier Pluaapplrahle saes S 5501 5 35,00 5 615.133 15% S 654% S 6500 5 90,09 39% 3 5500 5 55.90 5 90.00 39%
100000dl033 Earn 132130•Maximnmrapadrynxiu P1143 app014.14e13ed 5 13010 S 11000 5 125R9 110% 5 11090 5 ]10.90 5 135330 13.0% 5 1I000 5 11000 S 12590 13.0%
Fail Day-Maximum mppoly Sarin Phis applicable Imes 5 130.00 S 150,00 S 16500 16110 S 1550g0 S 150.09 $ 165340 150% S 150-00 5 150,00 5 165.553 1.0.0%
MUM Park Svddiog Fall Day-Mamlmuru eapadey rmrldl Plus applicable tree $ E500 5 05,00 $ 9990 33% 5 5590 6 6590 5 5090 59% 5 5500 S 35.00 5 90.03 5915
Edemale Park PoOriing Fill Day.Mas3mum np1ey var5e5 Phu applicable lea $ 15.00 S 5109 1 9690 5595 0.0% S 3590 5 350 5 9009 39% 5 65.05 5 05,00 1 90-00 5.936
Forst H99 Park Buadhng 091111ry-Muimnmapad124 rirh Plus applicable rams $ 05A0 5 05310 5 90.00 39%0396 S 155.30 5 65.90 9 90.00 5.9% 5 55.00 5 65,130 5 9000 5913
Nesbitt Park Building Fall 114y•M049mum opacity Varies Plus applicable hares 5 3100 5 6500 S 94130 53% 5 95.39 5 65.99 9 9001 59% 5 65.00 5 3503 5 90.00 53%
Purgatory CrerkReoration Arm Perilioo 112 Day•Mar hirrall upadlyvari.. Plus appO0N1 bane. $ 135.00 5 135.09 01 141.00 3,3% S 135.00 5 135.00 5 14000 3,7% 5 135.00 5 136.00 5 140.00 3.791
Full Boy-Modmum opacity mkt Plesappliablc taxer 5 1515.150 5 15500 1700110 3..6% 5 155,30 S 105.00 S 190A0 1.6% 5 131590 $ 195.00 5 30000 2.696
Riley Lake Perk Pavf9n9 152 Day-Maximum capacity varies P1oi app3oble rues 5 13590 F 135,00 5 140.90 3,793 5 133.05 1 135.00 S 19090 3,705 5 13300 5 13501 $ 14009 3.7%
Full Day-Maximum capyy59 varies Plns applicable rams $ 105,00 $ 155,90 520900 3.6% 5 155.39 $ 195.00 5 39900 26% 5 15590 i 393.00 $ 300.90 3451
Round 1030 Park Building NT Day•Maximum 8p10hyvNiet Plus app1caNe Imes 5 11300 $ 110.03 S 115A0 93% 5 310M $ 110.90 5 115.00 45% 5 ]10.30 5 110.0S 11 11500 15%
Ed Day-Maim=ceme4tyverle. Plus applicable laa S ISODO 5 150.00 $13596 33% 5 150.03 5 15000 5 15590 3-3% I 15409 5 156.09 1 155550 33%
knead laIO P4.v1iO4. 11x Day-Maximum opodlyvartu Plus appholdr loxes 5 11000 5 I16A0 S 115.00 4355 $ 110,00 5 I10.00 5 115,0 43% x 12006 5 31000 5 115.95 4.5%
Fug Die•Madprum opaoityvarie Pimappl0Wewan 5 150.00 S 13003 515590 3396 5 150.90 5 130.50 S 155.00 3356 5 150.00 5 15105 5 ]55A0 13%
Suring lake P0k10111:11n$ 133 Day-Maximum apadtyvariro PbmoppOoble hap% 5 110A0 5 110.01 5 11590 4.5% 5 110.00 5 115.00 5 315330 45% 5 150G1 5 1I6A0 S 115.90 43%
Fog Day-Melenm epoch).varies Plus appUcaNelnn 5 15050 S 15000 5 155313 33% 5 35000 $ 1511.43 5 155.00 1.3% 5 15100 5 15990 5 155.99 3311
Warming Holum-3 hourmlolenum Supervisinn regy4ed-2 hem minitnum Per beam plea app5mble ours $ 101111 $ 10,06 5 1090 0.0% 5 30.90 5 30.00 5 3009 0.096 5 30.00 5 30,00 5 30.00 12995
December 15-Marcia I
512DOB Ct:aED l taTA.
Sealer Comer Cuam911§ly 0pnmllGtGheal 1.40ge 06 ihres room. Per hour plus appliolpe came. S • 5 - 5 50.30 new 5 - 5 - 5 6500 new 5 - 5 - S 3020 new
Senior Center Loupe Lmmg.mdy pee hoar Oat 1pplimb]r ma-et 5 - 5 - 5 15A0 new 5 - 5 - 5 15.00 owv $ - 5 - 5 15.W new
Senior Ceoty Rooml0l Appepo_40 people Iheaw el*,3519 30101-1r seating Per hour plus applicablet.xes 5 25.00 525.00 330,90 20.1315 5 3001 5 36.99 5 3503 16.7% 5 30.00 5 30390 5 33.00 167%
Equipment Remil 6210b97'4DVDplayp,1:3ramke Mathloel Cd'.1 Bingo Egol5mool Per hoar plus applicable Mu. S - 5 - 5 20.90 mx S • $ • $ 19.00 new 5 5 • S 30.00 004
Per reed 11em
Pepe 2 151 2
f
CITY COUNCIL AGENDA DATE:
SECTION: Payment of Claims December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 214113 —214689
Wire Transfers 4332—4348
Attachments
City of Eden Prairie
Council Check Summary
11/15/2011
Division Amount Division Amount
General 286,394 506 Improvment Bonds 1996 219
100 City Manager 830 509 CIP Fund 46,377
101 Legislative 7,760 512 CIP Trails 3,072
102 Legal Counsel 43,500 520 Parks Referendum 20,942
110 City Clerk 174 521 Trails Referendum 9,839
111 Customer Service 16,758 522 Improvement Projects 2006 198,898
112 Human Resources 136 526 Transportation Fund 28,439
113 Communications 7,738 Total Capital Project Funds 307,786
114 Benefits&Training 10,026
130 Assessing 2,084 601 Prairie Village Liquor 202,329
131 Finance 948 602 Den Road Liquor 299,555
132 Housing and Community Services 30,880 603 Prairie View Liquor 221,462
133 Planning 1,195 605 Den Road Building 11,475
136 Public Safety Communications 27,698 701 Water Fund 337,804
137 Economic Development 10,428 702 Sewer Fund 413,926
138 Community Development Admin. 1,694 703 Storm Drainage Fund 72,673
150 Park Administration 315 Total Enterprise Funds 1,559,222
151 Park Maintenance 34,447
153 Organized Athletics 8,100 316 WAFTA 300
154 Community Center 21,685 802 494 Commuter Services 585
156 Youth Programs 2,657 803 Escrow Fund 24,044
157 Special Events 1,368 Total Agency Funds 24,929
158 Senior Center 4,902
159 Recreation Administration 1,523 807 Benefits Fund 950,887
160 Therapeutic Recreation 48 809 Investment Fund 6,531
161 Oak Point Pool 10,781 811 Property Insurance 25,000
162 Arts 3,291 812 Fleet Internal Service 73,065
163 Outdoor Center 2,078 813 IT Internal Service 67,432
164 Park Rental Facilities 81 814 Facilities Capital ISF 114,028
167 CC-Youth Programs 6,278 815 Facilites Operating ISF 78,920
168 Arts Center 4,746 816 Facilites City Center ISF 103,302
180 Police 19,077 817 Facilites Comm.Center ISF 77,169
183 Emergency Preparedness 508 Total Internal Service Funds 1,496,334
184 Fire 14,384
186 Inspections 808 Report Total 4,181,381
200 Engineering 2,337
201 Street Maintenance 46,783
202 Street Lighting 71,730
Total General Funds 706,168
301 CDBG 83,240
303 Cemetary Operation 16
304 Senior Board 15
308 E-911 814
309 DWI Forfeiture 117
317 Eden Prairie Players 315
Total Special Revenue Funds 84,516
425 Bldg Refunding Bonds 2004 400
428 G.O.Improv.Revolving 2005B 450
432 G.O.Improvement Bonds 2006C 375
434 2008A Capital Equipment Notes 400
435 2008B G.O.Improvement Bonds 800
Total Debt Service Funds 2,425
City of Eden Prairie
Council Check Register
11/15/2011
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213861 303,362 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility-General Monthly MCES User Fee
213594 278,221 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Medical/Dental Premium
4319 192,603 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
4313 189,577 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld
4322 127,668 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
4311 127,424 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA
213712 116,981 XCEL ENERGY Electric Flying Cloud Off Leash Park Monthly Electric
4307 116,711 MINNESOTA DEPT OF REVENUE Cash Over/Short General Fund Sales&Use Tax
213879 104,451 NORTHWEST ASPHALT Improvement Contracts Improvement Projects 2006 Valley View/Prairie Center Dr Improvements
213525 101,772 XCEL ENERGY Electric City Hall-CAM Monthly Electric
213443 75,739 MINNESOTA DIRT WORKS INC Improvement Contracts Trails Referendum
213841 55,470 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
213616 47,904 JOHNSON BROTHERS LIQUOR CO Transportation Den Road Liquor Store
213366 42,462 CHARD TILING&EXCAVATING INC Improvements to Land Parks Referendum
213935 41,947 SRF CONSULTING GROUP INC Improvements to Land Improvement Projects 2006
214063 37,925 MILLERBERND MANUFACTURING COMP Improvements to Land Improvement Projects 2006
213430 37,818 MCF-LINO LAKES Other Contracted Services Street Maintenance
214035 36,614 HANSEN THORP PELLINEN OLSON Improvement Contracts Improvement Projects 2006
213936 34,085 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant
213663 32,666 QUALITY WINE&SPIRITS CO Transportation Den Road Liquor Store
214074 31,632 PRAIRIE ELECTRIC COMPANY Other Contracted Services Facilities Capital
214070 31,600 NOVOTX LLC Software Water Capital
213946 30,724 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
213969 30,593 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
213478 30,307 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital
4317 29,542 US BANK
213906 28,910 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store
213950 28,361 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund
213653 28,209 PARROTT CONTRACTING INC Improvement Contracts Water Capital
213399 27,284 HANSEN THORP PELLINEN OLSON Improvement Contracts Fixed Assets-Trails
213851 26,150 LOGIS LOGIS IT Operating
213970 25,894 WIRTZ BEVERAGE MINNESOTA BEER Misc Taxable Prairie Village Liquor Store
213805 25,006 GREGERSON ROSOW JOHNSON&NILA Legal Legal Council
213848 25,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
214107 23,972 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006
213706 23,157 WIRTZ BEVERAGE MINNESOTA Transportation Den Road Liquor Store
213580 23,122 G.F.JEDLICKI INC Improvement Contracts Water Capital
4321 22,785 ING Deferred Compensation General Fund
213921 22,635 SHORT ELLIOTT HENDRICKSON INC Other Contracted Services Sewer Capital
213720 22,387 ABM JANITORIALSERVICES-NORTH C Cleaning Supplies City Hall-CAM
213722 22,309 ADVANCED ENGINEERING&ENVIRON Process Control Services Water Treatment Plant
213975 21,946 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating
213414 21,747 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store
213893 21,685 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
214110 21,684 NEW WORLD SYSTEMS Other Assets CIP-Bonds
213831 20,000 ISLAMIC INSTITUTE OF MINNESOTA Deposits Escrow
214032 19,950 GUNNAR ELECTRIC CO INC Other Contracted Services Parks Referendum
213772 19,920 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center
4324 19,238 CERIDIAN State Taxes Withheld Health and Benefits
4315 19,106 ING Deferred Compensation General Fund
213981 19,048 J&S SIDING AND GUTTERS LLC Other Contracted Services Rehab
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213988 18,950 ALLIED GENERATORS Other Contracted Services Sewer Capital
214004 18,940 CASTLE GATE CONSTRUCTION Other Contracted Services Rehab
213807 18,929 GS SYSTEMS INC Software Sewer Capital
214042 18,695 IDENTISYS Small Tools Public Safety Communications
213747 18,238 BONNER&BORHART LLP Legal Legal Criminal Prosecution
213834 18,118 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
213716 17,479 COMMERCIAL ASPHALT CO Improvements to Land Capital Maint.&Reinvestment
4320 16,790 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
213784 16,624 ESRI Software Maintenance IT Operating
213928 16,412 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store
213659 16,155 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store
213522 16,087 WIRTZ BEVERAGE MINNESOTA Transportation Prairie Village Liquor Store
213592 16,009 HAUGDAHL CONSTRUCTION INC Other Contracted Services Rehab
213434 16,008 MCQUAY INTERNATIONAL Building Facilities Capital
213395 15,764 GRAYMONT Treatment Chemicals Water Treatment Plant
4314 15,495 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund
213724 15,152 ALL PRO Contract Svcs-Roof Park Shelters
214002 14,630 CANADA GOOSE MANAGEMENT INC Other Contracted Services Storm Drainage
213925 13,869 SOUTH METRO PUBLIC SAFETY TRAI Other Contracted Services Public Safety Training Facilit
213782 13,765 EPI INVESTIGATIONS INC Other Contracted Services Facilities Capital
213768 13,197 DAY DISTRIBUTING Beer Prairie Village Liquor Store
213687 13,193 THORPE DISTRIBUTING Beer Den Road Liquor Store
213473 12,748 QUALITY WINE&SPIRITS CO Transportation Prairie Village Liquor Store
214083 12,689 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
213609 12,601 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store
213803 12,376 GRAYMONT Treatment Chemicals Water Treatment Plant
213898 12,217 PRAIRIEVIEW RETAIL LLC Repair&Maint.Supplies Prairie View Liquor Store
213707 12,051 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store
213755 12,005 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant
4328 11,730 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
213374 11,547 DIVERSE BUILDING MAINTENANCE Janitor Service Fitness/Conference-Cmty Ctr
213657 11,446 PHILLIPS WINE AND SPIRITS INC Transportation Den Road Liquor Store
213531 11,421 PROP Refunds CDBG-Public Service
213761 10,828 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance
213354 10,817 BRAUN INTERTEC CORPORATION Other Contracted Services Trails Referendum
213606 10,781 IND SCHOOL DIST 272 Other Contracted Services Oak Point Operations
213523 10,758 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store
214055 10,688 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
213766 10,323 CURB MASTERS INC Other Contracted Services Storm Drainage
213825 10,200 HORIZONTAL INTEGRATION Miscellaneous IT Operating
214029 9,250 GRAYMONT Treatment Chemicals Water Treatment Plant
213587 9,242 GRAYMONT Treatment Chemicals Water Treatment Plant
213381 9,106 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
213654 9,084 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store
213855 9,000 MARKETLINE RESEARCH,CORP Other Contracted Services Economic Development
213883 8,800 OTTO LANDSCAPING INC Other Assets Capital Impr/Maint Fixed
213675 8,246 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store
213566 8,152 DAY DISTRIBUTING Beer Prairie Village Liquor Store
214046 8,088 INTEGRITY REMODELING&DESIGN Contract Svcs-Gen.Bldg City Center Operations
213876 7,800 NOREEN CONSTRUCTION INC Other Contracted Services Rehab
213532 7,750 PROP Other Contracted Services Housing and Community Service
213742 7,349 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
213973 7,212 XCEL ENERGY Electric Prairie Village Liquor Store
213462 7,178 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store
213611 7,082 JOHN A DALSIN&SON INC Other Contracted Services Facilities Capital
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213460 6,897 PAUSTIS&SONS COMPANY Transportation Prairie Village Liquor Store
214101 6,895 WALL TRENDS INC Other Contracted Services Facilities Capital
214065 6,795 MINNESOTA UI FUND Unemployment Compensation Organizational Services
213371 6,687 DAY DISTRIBUTING Beer Prairie Village Liquor Store
213569 6,640 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant
214069 6,531 NORTHSHORE ADVISORS LLC Interest Investment Fund
213348 6,460 BIFFS INC Waste Disposal Park Maintenance
213452 6,278 NATIONAL MARTIAL ARTS ASSOCIAT Instructor Service CC-Spring Skill Development
214085 6,250 SOUTHDALE YMCA YOUTH DEVELOPME Other Contracted Services Housing and Community Service
213489 6,194 SOUTHWEST SUBURBAN CABLE COMMI Dues&Subscriptions City Council
213985 6,170 ACTION FLEET INC Machinery&Equipment Police
213910 6,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
214100 5,762 VTI Software Public Safety Communications
213959 5,610 WALL TRENDS INC Contract Svcs-General Bldg Police City Center
213966 5,533 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
213739 5,487 BARTON SAND&GRAVEL CO Improvements to Land Capital Maint.&Reinvestment
213964 5,474 WINE COMPANY,THE Transportation Den Road Liquor Store
213649 5,443 NILSSON,BETH Instructor Service Ice Rink#1
213425 5,400 LEGACY BUILDING SOLUTIONS INC Other Contracted Services Capital Maint.&Reinvestment
213545 5,339 B&B PRODUCTS/RIGS AND SQUADS Machinery&Equipment Police
213548 5,290 BELLBOY CORPORATION Transportation Den Road Liquor Store
213783 5,276 EQUITY PROPERTY GROUP LLC Work In Progress Den Road Building
213703 5,242 WINE MERCHANTS INC Transportation Den Road Liquor Store
213410 5,085 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store
213947 5,048 THYMES TWO INC Contract Svcs-Lawn Maint Arts Center
213680 4,911 STATE SUPPLY COMPANY Supplies-Plumbing Public Works/Parks
213885 4,877 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance
213488 4,830 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store
213853 4,754 MACHTEMES CONSTRUCTION INC Improvement Contracts Storm Drainage
213503 4,691 THORPE DISTRIBUTING Beer Prairie Village Liquor Store
213572 4,663 ECOLAB INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr
214036 4,648 HAWKINS INC Treatment Chemicals Water Treatment Plant
213785 4,585 ESS BROTHERS&SONS INC Repair&Maint.Supplies Sewer System Maintenance
213974 4,435 YALE MECHANICAL INC Contract Svcs-HVAC Water Treatment Plant
213337 4,408 ACTION FLEET INC Machinery&Equipment Police
213339 4,408 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip.
213943 4,254 SURLY BREWING CO Beer Prairie Village Liquor Store
213984 4,253 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM
214015 4,184 CURB MASTERS INC Improvements to Land Capital Maint.&Reinvestment
213845 4,020 KVITEK,BRENDA Other Assets Capital Impr/Maint Fixed
213396 4,019 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM
213725 3,991 ALTERNATIVE BUSINESS FURNITURE Capital Under$10,000 FF&E-Furn,Fixtures&Equip.
213814 3,826 HAWKINS INC Treatment Chemicals Water Treatment Plant
213734 3,825 ASSOCIATED WELL DRILLERS INC Improvements to Land Park Acquisition&Dev Fixed A
213740 3,819 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
213645 3,800 MORRIS CONCRETE CONSTRUCTION Equipment Repair&Maint Water System Maintenance
213418 3,715 LAMETTRYS COLLISION Equipment Repair&Maint Fleet Operating
213363 3,683 CENTURYLINK Telephone IT Telephone
213993 3,680 ASPEN EQUIPMENT CO. Machinery&Equipment Snow&Ice Control
213346 3,648 BELLBOY CORPORATION Transportation Prairie Village Liquor Store
213979 3,618 MADISON NATIONAL LIFE Disability Ins Employers Health and Benefits
213804 3,591 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM
213817 3,509 HENNEPIN COUNTY SHERIFF'S OFFI Board of Prisoner Police
213830 3,500 IND SCHOOL DIST 272 Other Contracted Services Housing and Community Service
213630 3,496 MCQUAY INTERNATIONAL Contract Svcs-HVAC City Hall-CAM
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
214103 3,390 WHEELER HARDWARE COMPANY Contract Svcs-General Bldg Park Shelters
214092 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
214071 3,221 PACW EDEN PRAIRIE LLC AR Utility Water Enterprise Fund
213641 3,127 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
213776 3,112 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating
213887 3,079 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store
213780 3,073 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store
213380 3,073 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating
214054 3,031 MAACO Equipment Repair&Maint Fleet Operating
213714 3,000 POSTAGE BY PHONE RESERVE ACCOU Postage Customer Service
213343 2,977 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#2
213738 2,932 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage
213930 2,895 SOUTHWEST SUBURBAN PUBLISHING- Advertising Art Crawl
213338 2,789 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance
213575 2,685 ELECTRIC PUMP Equipment Repair&Maint Sewer Liftstation
213685 2,570 SURLY BREWING CO Beer Den Road Liquor Store
213847 2,565 LANO EQUIPMENT INC Other Rentals Storm Drainage
213520 2,558 WINE MERCHANTS INC Transportation Prairie Village Liquor Store
213345 2,532 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
213956 2,529 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
213590 2,519 GYM WORKS Repair&Maint.Supplies Fitness Center
213631 2,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service
213986 2,498 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance
213447 2,450 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Lake
213961 2,425 WELLS FARGO BANK MINNESOTA NA Paying Agent 2008A Capital Equipment Notes
213957 2,383 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs
213373 2,364 DISPLAY SALES Landscape Materials/Supp Community Center
213625 2,346 LANO EQUIPMENT INC Other Rentals Street Maintenance
213391 2,299 GENERAL REPAIR SERVICE Equipment Parts Water Treatment Plant
214007 2,294 CERIDIAN Ceridian IT Operating
213978 2,270 EMERSON NETWORK POWER Hardware Maintenance IT Operating
214043 2,263 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment Plant
214108 2,250 XTREME INTEGRATION Equipment Repair&Maint Concessions
213801 2,248 GRAND PERE WINES INC Transportation Prairie Village Liquor Store
213538 2,211 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
213695 2,139 VERIZON WIRELESS Wireless Subscription IT Operating
213819 2,132 HENNEPIN COUNTY TREASURER Board of Prisoner Police
213823 2,096 HOHENSTEINS INC Beer Prairie Village Liquor Store
213858 2,078 MENARDS Training Supplies Fire
213962 2,069 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage
213483 2,010 SCHARBER&SONS Equipment Parts Fleet Operating
214111 1,979 SHERBARTH-LYNCH,SANDRA Instructor Service Tennis
214084 1,970 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006
213514 1,965 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs
214104 1,924 WILSONS NURSERY INC Landscape Materials/Supp Park Maintenance
213384 1,895 FASTSIGNS Operating Supplies Pool Operations
213561 1,880 CERIDIAN Ceridian IT Operating
213913 1,868 ROREM,ANN M Instructor Service Arts Center
213526 1,825 XTREME INTEGRATION Computers Water Treatment Plant
214047 1,824 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
213579 1,819 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM
213697 1,802 VINOCOPIA Transportation Den Road Liquor Store
213665 1,738 RETROFIT RECYCLING INC Waste Disposal City Hall-CAM
213513 1,726 USA MOBILITY WIRELESS INC Pager&Cell Phone Public Safety Communications
213756 1,723 CENTRAL SYSTEMS LLC Other Contracted Services Rehab
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213494 1,718 STREICHERS Protective Clothing Police
214001 1,710 BUREAU OF CRIMINAL APPREHENSIO Software Maintenance IT Operating
213397 1,700 GYM WORKS Equipment Repair&Maint Fitness Center
213750 1,697 BROBERG,JEFF Other Contracted Services Rehab
213492 1,694 STAPLES ADVANTAGE Office Supplies Police
213581 1,677 GARTNER REFRIGERATION&MFG IN Contract Svcs-Ice Rink Ice Arena Maintenance
213586 1,670 GRAPE BEGINNINGS Transportation Den Road Liquor Store
213694 1,637 VAN PAPER COMPANY Cleaning Supplies Facilites Operating ISF
213501 1,619 TEAM LABORATORY CHEMICAL CORPO Repair&Maint.Supplies Sewer Liftstation
213999 1,618 BRAUN INTERTEC CORPORATION Other Contracted Services Trails Referendum
214021 1,561 EMERGENCY APPARATUS MAINTENANC Equipment Repair&Maint Fire
213640 1,501 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr
213895 1,500 PLEHAL BLACKTOPPING INC Improvements to Land Capital Maint.&Reinvestment
213398 1,485 HANCE UTILITY SERVICES INC Conference Expense Engineering
213583 1,469 GIRARD'S BUSINESS SOLUTIONS IN Equipment Repair&Maint Customer Service
213562 1,463 CLAREYS INC Safety Supplies Fleet Operating
213402 1,463 HOHENSTEINS INC Beer Prairie Village Liquor Store
213602 1,453 HOME DEPOT CREDIT SERVICES Supplies-General Dunn Brothers
213860 1,418 METRO SALES INCORPORATED* Other Rentals Customer Service
214106 1,408 WORK CONNECTION,THE Other Contracted Services Park Maintenance
213627 1,362 LYNDALE PLANT SERVICES Contract Svcs-Garden Rm/Caf. City Hall-CAM
213440 1,342 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie View Liquor Store
213701 1,337 WINE COMPANY,THE Transportation Prairie View Liquor Store
213519 1,334 WINE COMPANY,THE Transportation Prairie Village Liquor Store
213524 1,333 WORK CONNECTION,THE Other Contracted Services Park Maintenance
213553 1,304 BROCK WHITE COMPANY LLC Landscape Materials/Supp Storm Drainage
213856 1,300 MARTIN-MCALLISTER Employment Support Test Fire
214034 1,300 HAMLINE UNIVERSITY Tuition Reimbursement/School Fire
213333 1,298 US POSTMASTER Postage Water Accounting
213496 1,275 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating
213599 1,269 HIRSHFIELDS PAINT MANUFACTURIN Operating Supplies Park Maintenance
214105 1,266 WINE COMPANY,THE Transportation Prairie View Liquor Store
213873 1,263 MINNESOTA TROPHIES&GIFTS Operating Supplies Fire
213574 1,260 EDEN PRAIRIE ROTARY CLUB Deposits Den Road Liquor Store
213477 1,234 REINDERS INC Chemicals Park Maintenance
213865 1,180 MIDWEST COCA COLA BOTTLING COM Misc Taxable Prairie Village Liquor Store
213931 1,159 SPECIALIZED ENVIRONMENTAL TECH Landscape Materials/Supp Park Maintenance
213971 1,148 WORK CONNECTION,THE Other Contracted Services Park Maintenance
213517 1,145 WALL TRENDS INC Contract Svcs-General Bldg City Hall-CAM
213699 1,140 WALL TRENDS INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr
213559 1,119 CENTERPOINT ENERGY Gas Water Treatment Plant
214089 1,109 STRAND MANUFACTURING CO INC Equipment Repair&Maint Sewer Liftstation
213509 1,103 UNITED RENTALS NORTHWEST INC Equipment Parts Storm Drainage
213896 1,103 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr
213796 1,102 GE CAPITAL Other Rentals Customer Service
213998 1,101 BOUND TREE MEDICAL LLC EMS Supplies Fire
213708 1,099 WM MUELLER AND SONS INC Gravel Water System Maintenance
213512 1,090 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire
214018 1,079 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
213589 1,071 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
213709 1,069 WORK CONNECTION,THE Other Contracted Services Park Maintenance
213917 1,068 SAM'S CLUB Operating Supplies Halloween Party
213745 1,066 BLOOMINGTON,CITY OF Kennel Services Animal Control
213813 1,065 HARTFORD NUT AR Utility Water Enterprise Fund
213584 1,061 GRAINGER Small Tools Facilities Staff
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213498 1,058 SURLY BREWING CO Beer Prairie Village Liquor Store
213582 1,057 GE CAPITAL Other Rentals Customer Service
214073 1,040 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications
213405 1,040 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
213798 1,035 GOOD,JAMIE Tuition Reimbursement/School Organizational Services
213387 1,013 FIRENET SYSTEMS INC Building Repair&Maint. Utility Operations-General
213884 1,012 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance
213365 1,011 CERIDIAN Ceridian IT Operating
213455 1,010 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating
214059 996 METRO SALES INCORPORATED* Other Rentals Customer Service
213632 992 MEDICINE LAKE TOURS Special Event Fees Trips
213995 982 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
213940 971 STREICHERS Clothing&Uniforms Police
213953 954 TWIN CITY FILTER SERVICE INC Repair&Maint.Supplies Water Treatment Plant
213778 950 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund
213676 934 SPEEDPRO IMAGING INC Operating Supplies Ice Rink#1
213375 934 EARL F ANDERSEN INC Signs Traffic Signs
213530 908 GARY CARLSON EQUIPMENT Small Tools Storm Drainage
213516 902 VISTAR CORPORATION Merchandise for Resale Concessions
213619 890 JT ARCHITECTURAL SALES LLC Supplies-Electrical Park Shelters
213863 878 MHSRC/RANGE Tuition Reimbursement/School Police
213700 874 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
213882 868 OPPORTUNITY PARTNERS Janitor Service Fire Station#2
213555 860 BROWN,PAUL Other Contracted Services Touch Football
213383 857 FASTENAL COMPANY Equipment Parts Fleet Operating
214006 854 CENTURYLINK Process Control Services Water Treatment Plant
213980 850 DUDA PLUMBING SERVICE INC Other Contracted Services Rehab
213647 828 NEUMANN,NEAL Other Contracted Services Softball
213800 825 GRAINGER Equipment Parts Fleet Operating
213543 808 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration
213912 805 ROJAS,REGINA Conference Expense Planning
213748 796 BOURGET IMPORTS Transportation Prairie Village Liquor Store
213353 789 BOYER TRUCKS Equipment Parts Fleet Operating
214023 787 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant
213698 786 VTI Building Repair&Maint. Utility Operations-General
214098 781 VAN PAPER COMPANY Cleaning Supplies Park Shelters
213505 776 TJ CONEVERA'S INC Training Supplies Police
213369 775 COMMERCIAL STEAM TEAM Other Contracted Services Prairie View Liquor Store
213554 771 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Ice Arena Maintenance
4308 763 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
213622 758 KRISS PREMIUM PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance
213650 750 OKEE DOKEE BROTHERS,THE Other Contracted Services Special Initiatives
213564 750 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks
213508 736 UNIFORMS UNLIMITED Operating Supplies Police
213422 735 LAVAN FLOOR COVERING Other Contracted Services Facilities Capital
213567 723 DEPARTMENT OF COMMERCE Abandoned Property General Fund
213949 716 TKO WINES,INC Wine Imported Prairie Village Liquor Store
213515 714 VINOCOPIA Transportation Prairie View Liquor Store
213542 710 ASPEN WASTE SYSTEMS INC. Waste Disposal Senior Center
213439 710 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage
214061 696 MIDWEST ASPHALT CORPORATION Equipment Repair&Maint Water System Maintenance
213598 688 HIGHWAY TECHNOLOGIES INC Equipment Parts Storm Drainage
213826 688 HYDRO-VAC INC Equipment Repair&Maint Sewer System Maintenance
213634 685 MENARDS Repair&Maint-Ice Rink 3rd Sheet of Ice
213696 683 VIKING ELECTRIC SUPPLY Equipment Parts Sewer Liftstation
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
4312 683 CERIDIAN Garnishment Withheld General Fund
213992 680 AQUA ENGINEERING INC Grounds Maintenance Utility Operations-General
213368 680 COMMERCIAL PARTNERS TITLE LLC Deposits Escrow
213686 679 TESSMAN SEED CO Landscape Materials/Supp Parks Referendum
213570 673 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
213557 672 CARRON NET COMPANY,INC Recreation Supplies Volleyball
213718 672 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2
213585 668 GRAND PERE WINES INC Transportation Prairie Village Liquor Store
213752 667 BUCK,NATHAN Other Contracted Services Softball
4318 663 CERIDIAN Garnishment Withheld General Fund
213420 663 LANO EQUIPMENT INC Other Rentals Storm Drainage
213812 657 HANSEN THORP PELLINEN OLSON Improvement Contracts Water Capital
214013 652 COMPAR INC Computers Water Treatment Plant
213600 652 HOHENSTEINS INC Beer Den Road Liquor Store
213777 649 EARL F ANDERSEN INC Signs Traffic Signs
214099 646 VISTAR CORPORATION Merchandise for Resale Concessions
213453 645 NEHL,CHERI Refunds Storm Drainage
213802 640 GRAPE BEGINNINGS Transportation Den Road Liquor Store
214030 631 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM
213797 630 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store
213652 618 PARLEY LAKE WINERY Wine Domestic Prairie Village Liquor Store
213859 600 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM
214086 600 SPECIAL SERVICES GROUP LLC Other Contracted Services Police
213727 594 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store
213637 592 MINNESOTA CLAY CO.USA Operating Supplies Arts Center
213908 585 RETROFIT RECYCLING INC Supplies-Electrical Fitness/Conference-Cmty Ctr
213407 585 INTERACTIVE STRATEGIES GROUP General 494 Corridor Commission
213875 583 MORAN USA,LLC Transportation Den Road Liquor Store
213759 583 CENTURYLINK Maintenance Contracts E-911 Program
213454 582 NUSS TRUCK GROUP INC Equipment Repair&Maint Storm Drainage
213535 574 KAEHLER,BILL Other Hardware IT Operating
213449 570 MIRACLE RECREATION EQUIPMENT C Other Assets Capital Impr/Maint Fixed
4325 562 CERIDIAN Garnishment Withheld General Fund
213668 554 SCHMITZ,THOMAS Office Supplies Fire
213493 552 STINSON,STEVEN J Other Contracted Services Softball
213810 549 HACH COMPANY Laboratory Chemicals Water Treatment Plant
214058 544 METRO FIRE Protective Clothing Fire
213864 543 MIDWEST ASPHALT CORPORATION Repair&Maint.Supplies Storm Drainage
213502 543 THE OASIS GROUP Employee Assistance Organizational Services
214102 542 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating
213393 540 GOVDELIVERY Software Maintenance IT Operating
213799 540 GOVDELIVERY Software Maintenance IT Operating
213636 537 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store
213920 530 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
213878 528 NORTHERN TOOL Equipment Parts Fleet Operating
213541 528 AMERITRAK Other Contracted Services Snow&Ice Control
213394 526 GRAINGER Supplies-HVAC Fitness/Conference-Cmty Ctr
213648 524 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store
213352 520 BOURGET IMPORTS Transportation Prairie Village Liquor Store
213692 519 TRUE FABRICATIONS Operating Supplies Den Road Liquor Store
213955 519 UNIFORMS UNLIMITED Clothing&Uniforms Police
213351 515 BOUNDLESS NETWORK Clothing&Uniforms Birthday Parties
213612 512 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance
214009 510 CHRISTIANS INC Building Permits General Fund
213504 483 TIMM,KEVIN Other Contracted Services Touch Football
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
214088 479 STAPLES ADVANTAGE Office Supplies Customer Service
213977 476 ZIEGLER INC Equipment Parts Fleet Operating
213529 473 COSTCO Employee Award Organizational Services
213674 470 SODA RESTORATION Janitor Service Park Shelters
214068 467 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
213794 460 FREY,LYNDELL Mileage&Parking Athletic Programs Admin
213487 460 SNEEN,NICOLE D Other Contracted Services Softball
214109 460 YOERKS,CHRIS AR Utility Water Enterprise Fund
213347 459 BERRY COFFEE COMPANY Merchandise for Resale Concessions
213527 452 Z WINES USA LLC Transportation Prairie View Liquor Store
213690 450 TOTAL ENTERTAINMENT Other Contracted Services Special Events(CC)
213991 449 ANCOM COMMUNICATIONS INC Equipment Repair&Maint Public Safety Communications
213428 446 MAROTTA,VIC Instructor Service Fall Skill Development
213915 446 RUE,RODNEY Mileage&Parking Engineering
213870 446 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Fitness/Conference-Cmty Ctr
213793 446 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
213924 444 SK PARTNERS Reimbursement Storm Drainage
213787 443 FASTENAL COMPANY Equipment Parts Fleet Operating
213427 441 LORENZ,JOYCE Cable TV Communications
213658 439 POMP'S TIRE SERVICE INC Tires Fleet Operating
213736 438 BANK BEER CO Beer Den Road Liquor Store
213871 437 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
213528 437 ZOELLNER,MARK Other Contracted Services Softball
213596 437 HENRY,PAUL Other Contracted Services Volleyball
213344 436 ASSET RECOVERY CORPORATION Other Hardware IT Operating
213723 430 AGGREGATE INDUSTRIES Repair&Maint.Supplies Storm Drainage
213435 424 MENARDS Repair&Maint.Supplies Utility Operations-General
213951 422 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie View Liquor Store
214010 422 CLAREYS INC Safety Supplies Sewer Utility-General
214000 420 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
213733 420 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General
213672 420 SIMONS,KATIE Refunds Storm Drainage
213379 418 EMBEDDED SYSTEMS INC Equipment Repair&Maint Emergency Preparedness
214079 416 REBS MARKETING Other Contracted Services Environmental Education
213933 415 SPRINT Wireless Subscription IT Operating
213620 415 KEEPERS Clothing&Uniforms Police
213588 414 GREATAMERICA LEASING CORP. Postage Customer Service
214003 410 CARDIAC SCIENCE CORPORATION EMS Supplies Fire
213551 406 BOYER TRUCKS Equipment Parts Fleet Operating
213751 405 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fire Station#4
213400 402 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance
213833 401 JET BLACK Other Contracted Services Rehab
213591 394 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital
213573 389 EDEN PRAIRIE MALL LLC Building Rental Rehab
214016 385 CUSTOM HOSE TECH Equipment Parts Fleet Operating
213466 383 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance
213994 378 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks
214075 375 PROP United Way Withheld General Fund
214097 374 VALLEY NAT'L GASES-LOC 93 Repair&Maint.Supplies Sewer Utility-General
213909 370 RICK,ELIZABETH DEE Instructor Service Outdoor Center
213356 369 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Public Works/Parks
213737 368 BARNES,BELINDA A. Other Contracted Services Volleyball
214076 367 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
213976 364 Z WINES USA LLC Transportation Prairie View Liquor Store
213467 355 PRAIRIE OFFSET PRINTING Fire Prevention Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213754 352 CENTERPOINT ENERGY Gas Crestwood Park
213753 352 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
213415 351 KEEPERS Clothing&Uniforms Police
213715 350 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow
213899 349 PREMIUM WATERS INC Operating Supplies Fire
213929 345 SOUTHWEST SUBURBAN PUBLISHING- Advertising Community Center Admin
213907 345 RDO EQUIPMENT CO Equipment Parts Fleet Operating
213335 342 AAA LAMBERTS LANDSCAPE PRODUCT Landscape Materials/Supp Water System Maintenance
213490 340 SOUTHWEST SUBURBAN PUBLISHING- Printing Community Center Admin
213938 340 STAR TRIBUNE MEDIA COMPANY LLC Employment Advertising Organizational Services
213364 338 CENTURYLINK Telephone IT Telephone
213480 330 RICK,ELIZABETH DEE Instructor Service Outdoor Center
213642 330 MINNESOTA RECREATION&PARK AS Conference Expense Recreation Admin
214014 328 CUMMINS NORTH CENTRAL INC Equipment Repair&Maint Fleet Operating
214017 327 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Customer Service
214048 327 J H LARSON COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr
213670 326 SHRED-IT Waste Disposal City Center Operations
213628 325 MAACO Equipment Repair&Maint Fleet Operating
213942 325 SUBURBAN WILDLIFE CONTROL INC Other Contracted Services Storm Drainage
214078 324 QUALITY PROPANE Motor Fuels 3rd Sheet of Ice
213431 322 MCGREGOR,RANDY Other Contracted Services Softball
213945 319 TEFLER LAWN&LANDSCAPING Other Contracted Services Park Maintenance
213835 312 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Parks Referendum
213664 312 RAY,LEE Other Contracted Services Softball
214081 308 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating
213603 305 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
213666 305 RICK,ELIZABETH DEE Instructor Service Outdoor Center
213360 302 CENTER FOR HEALTHY LIVING Instructor Service Senior Center Programs
213479 300 RICHFIELD BUS COMPANY Special Event Fees Red Hat
214064 300 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA
213629 300 MATSON,TOM Small Tools Fleet Operating
213806 298 GS DIRECT Operating Supplies Engineering
213952 295 TRUE FABRICATIONS Misc Taxable Den Road Liquor Store
213578 295 FASTSIGNS Office Supplies Community Center Admin
213693 294 UNIFORMS UNLIMITED Clothing&Uniforms Police
213450 290 MOBIUS INC Conference Expense Parks Administration
213486 284 SIGNSOURCE Office Supplies Administration
213771 284 DESIGN DESIGN Transportation Den Road Liquor Store
213872 283 MINNESOTA ROADWAYS CO Improvements to Land Capital Maint.&Reinvestment
213618 283 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM
213762 279 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance
213726 278 AMARA WINES LLC Transportation Prairie Village Liquor Store
213438 274 MID AMERICA FESTIVALS Deposits Escrow
214005 274 CDW GOVERNMENT INC. Other Hardware IT Operating
214082 270 ROOT 0 MATIC Equipment Repair&Maint Sewer System Maintenance
213673 270 SINELL,STEVE Mileage&Parking Assessing
213349 268 BLOOMINGTON SECURITY SOLUTIONS Contract Svcs-Security Public Works/Parks
213958 267 VINOCOPIA Transportation Den Road Liquor Store
213417 266 KUSTOM SIGNALS INC Equipment Repair&Maint Police
213888 263 PETERSON,JUDD Other Contracted Services Water Capital
213792 259 FLYING CLOUD ANIMAL HOSPITAL Operating Supplies Police
213809 258 GYM WORKS Equipment Repair&Maint Fitness Center
213361 258 CENTERPOINT ENERGY Gas Crestwood Park
213749 257 BOYER TRUCKS Equipment Parts Fleet Operating
214067 257 MPX GROUP,THE Office Supplies Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213401 256 HOFF,BARRY&KOZAR,P.A. Legal Legal Council
213392 255 GERTENS Landscape Materials/Supp Park Maintenance
213770 251 DELEGARD TOOL CO Small Tools Fleet Operating
214062 250 MILIO'S SANDWICHES Merchandise for Resale Concessions
213336 249 AARON CARLSON CORPORATION Supplies-General Bldg Fitness/Conference-Cmty Ctr
214051 249 LANO EQUIPMENT INC Equipment Parts Fleet Operating
213340 249 AMARA WINES LLC Transportation Prairie Village Liquor Store
214057 243 MENARDS Repair&Maint.Supplies Fire
213342 242 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store
213728 239 AMERICAN SOLUTIONS FOR BUSINES Clothing&Uniforms Day Care
213877 238 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant
213565 238 CONCRETE CUTTING&CORING INC Equipment Parts Fleet Operating
213744 236 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
213377 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Community Development Admin.
213552 231 BRO-TEX INC Equipment Parts Fleet Operating
213474 229 QUILL.COM Operating Supplies Utility Operations-General
213446 229 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Lessons
213844 228 KUSSMAUL ELECTRONICS CO INC Equipment Parts Fleet Operating
213442 228 MINNESOTA CLAY CO.USA Equipment Repair&Maint Arts Center
213463 228 PINNACLE DISTRIBUTING Misc Taxable Prairie Village Liquor Store
213849 227 LEXISNEXIS Other Contracted Services Police
214060 226 METROPOLITAN FORD Equipment Parts Fleet Operating
214080 225 RICK,ELIZABETH DEE Instructor Service Outdoor Center
213507 222 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Prairie Village Liquor Store
213773 219 DMX MUSIC Other Contracted Services Prairie View Liquor Store
213897 219 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage
213832 217 JASON'S DELI Operating Supplies Police
213359 214 CAT&FIDDLE BEVERAGE Transportation Prairie View Liquor Store
214012 213 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund
213426 212 LIBERTY TIRE RECYCLING-MN Waste Disposal Fleet Operating
213775 211 DMX MUSIC Other Contracted Services Den Road Liquor Store
213639 210 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Fire Station#3
213403 207 HOLMES,TOM Other Contracted Services Volleyball
214045 205 INFRATECH Repair&Maint.Supplies Water System Maintenance
213482 205 ROTO-ROOTER Contract Svcs-Plumbing City Hall-CAM
214050 204 JASON'S DELI Operating Supplies Police
213854 203 MARGRON SKOGLUND WINE IMPORTS, Transportation Prairie View Liquor Store
214033 201 HACH COMPANY Laboratory Chemicals Water Treatment Plant
214031 200 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
213563 200 COMCAST Wireless Subscription IT Operating
213556 200 BUSWELL,DAVE Mileage&Parking Assessing
213764 198 CROFUT FAMILY WINERY Wine Domestic Prairie Village Liquor Store
213372 198 DE LAGE LANDEN FINANCIAL SERVI Equipment Repair&Maint IT Operating
213769 198 DE LAGE LANDEN FINANCIAL SERVI Other Rentals Facilities Staff
213779 198 EDEN PRAIRIE HISTORICAL SOCIET Special Event Fees Trips
213691 194 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store
213757 193 CENTURYLINK Telephone E-911 Program
213540 191 AMERIPRIDE LINEN&APPAREL SER Cleaning Supplies Prairie Village Liquor Store
213623 190 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg City Hall-CAM
214091 190 TASK FORCE 1 INC Tuition Reimbursement/School Fire
213404 189 HORGAN,KEVIN M Mileage&Parking Utility Operations-General
213669 189 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store
213786 185 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
214072 185 PAPER DIRECT INC Advertising Wine Club
213500 184 TAYLOR,SCOTT Conference Expense Fire
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213601 184 HOLMES,TOM Other Contracted Services Volleyball
213824 184 HOLMES,TOM Other Contracted Services Volleyball
213746 183 BOBBY&STEVE'S AUTO WORLD EDE Motor Fuels Fleet Operating
213710 182 WYDRA,TEEGAN Mileage&Parking Tree Disease
213633 182 MEIERS,NICHOLAS J Instructor Service Outdoor Center
213901 180 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance
213902 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
214095 177 UNITED WAY United Way Withheld General Fund
213765 177 CUB FOODS EDEN PRAIRIE Operating Supplies Police
213731 174 ANIMAL CARE EQUIPMENT&SVS Operating Supplies Animal Control
213604 171 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
214028 170 GRAINGER Building Repair&Maint. Water Wells
213729 169 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store
213719 166 AARP 55 ALIVE MATURE DRIVING Other Contracted Services Senior Center Programs
213989 163 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Fitness/Conference-Cmty Ctr
213485 163 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store
213846 162 LANDS END CORPORATE SALES Clothing&Uniforms Police
213421 161 LATZIG,NONA J Other Contracted Services Volleyball
213821 161 HENRY,PAUL Other Contracted Services Volleyball
213919 160 SCRAP METAL PROCESSORS INC Waste Disposal Fleet Operating
213341 160 AMERICAN RED CROSS Licenses,Permits,Fees Pool Lessons
213937 160 STAPLES ADVANTAGE Office Supplies Customer Service
214066 158 MOTOROLA Equipment Repair&Maint Public Safety Communications
213470 156 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
213471 156 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
213433 155 MCPHERSON,MARK Conference Expense Heritage Preservation
213660 155 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
213607 154 INDUSTRIAL AND RESIDENTIAL LIG Repair&Maint.Supplies Utility Operations-General
213997 154 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General
213868 153 MINNESOTA CONWAY Equipment Repair&Maint Fire
213683 151 STREICHERS Training Supplies Police
213357 150 BROWNING,RYAN Other Hardware IT Operating
213464 150 PLEAA Tuition Reimbursement/School Police
213605 150 IAFCI Licenses&Taxes Police
213808 150 GUNDERSON,CONSTANCE L. Instructor Service Arts Center
214041 150 HIGHWAY TECHNOLOGIES INC Other Rentals Storm Drainage
213577 146 FASTENAL COMPANY Equipment Parts Fleet Operating
213944 144 TAYLOR,EMILY Instructor Service Arts Center
213982 144 440400-NCPERS MINNESOTA PERA Health and Benefits
214044 144 IND SCHOOL DIST 272 Printing Arts Center
213894 141 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store
213334 139 A TO Z RENTAL CENTER Operating Supplies Street Maintenance
213767 139 DALE GREEN COMPANY,THE Signs Park Maintenance
213436 137 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating
213406 137 IND SCHOOL DIST 272 Printing Sunbonnet Days
213476 135 RDO EQUIPMENT CO Equipment Parts Fleet Operating
213448 134 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating
213475 130 RAY,LEE Other Contracted Services Softball
213869 130 MINNESOTA DEPT OF LABOR AND IN Licenses&Taxes Water Treatment Plant
214094 128 UNIFORMS UNLIMITED Clothing&Uniforms Police
213857 127 MCQUAY INTERNATIONAL Supplies-HVAC City Hall-CAM
213445 125 MINNESOTA RECREATION&PARK AS Conference Expense Aquatics&Fitness Admin
213550 125 BOB BUSSEY Other Contracted Services Communications
213820 125 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
4329 124 OPTUM HEALTH FINANCIAL SERVICE Other Contracted Services Health and Benefits
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213539 123 AMERICAN BOTTLING COMPANY,THE Misc Taxable Den Road Liquor Store
213469 123 PRIORITY COURIER EXPERTS Equipment Repair&Maint Fleet Operating
213815 123 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance
213791 121 FIRST SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr
213457 120 OFFICE OF THE SECRETARY OF STA Dues&Subscriptions Administration
213717 120 2011 DULUTH K9 TRIAL Tuition Reimbursement/School Police
214093 118 TWIN CITY SEED CO Operating Supplies Park Maintenance
213758 118 CENTURYLINK Telephone IT Telephone
213459 116 OSI BATTERIES INC Operating Supplies Traffic Signals
213367 114 CHISAGO LAKES DISTRIBUTING Beer Prairie Village Liquor Store
214090 114 STREICHERS Clothing&Uniforms Police
213411 110 JOHN DEERE LANDSCAPES/LESCO Landscape Materials/Supp Street Maintenance
213419 109 LANDS END CORPORATE SALES Clothing&Uniforms Police
213990 107 AMERIPRIDE LINEN&APPAREL SER Cleaning Supplies Prairie Village Liquor Store
213537 107 A TO Z RENTAL CENTER Other Rentals Storm Drainage
214037 107 HD SUPPLY WATERWORKS LTD Equipment Parts Water Treatment Plant
214056 105 MEIERS,NICHOLAS J Instructor Service Outdoor Center
213465 105 POND,ROBIN Other Contracted Services Theatre Initiative
213677 105 SPS COMPANIES Supplies-General Bldg City Hall-CAM
213934 105 SPS COMPANIES Supplies-Plumbing City Hall-CAM
213491 105 SPECIALTY TURF&AG INC Chemicals Park Maintenance
213811 101 HALLOCK COMPANY INC Equipment Parts Water Treatment Plant
213743 101 BERGREN,BETH Instructor Service Senior Center Programs
4309 100 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
213432 100 MCLEOD COUNTY SHERIFFS DEPT. Deposits Escrow
213499 100 TAYLOR,EMILY Instructor Service Arts Center
214024 100 FEDEX Postage Human Resources
4327 99 VANCO SERVICES Miscellaneous Community Center Admin
213790 97 FERRELLGAS Motor Fuels Fleet Operating
213608 95 JANEX INC Operating Supplies Den Road Liquor Store
213424 95 LEAGUE MN CITIES INS TRUST Conference Expense Administration
213510 95 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police
213511 95 UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Police
213378 95 ELECTRIC PUMP Equipment Parts Sewer Liftstation
213481 94 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating
213914 94 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating
214019 93 DIRECTV Cable TV Community Center Admin
213576 92 ELIASON,STEVE J Other Contracted Services Softball
213643 92 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
214038 92 HEFFERAN,CINDI Operating Supplies Day Care
213617 91 JOHNSTONE SUPPLY Supplies-Garden Room Garden Room Repairs
213721 91 ACTION FLEET INC Equipment Repair&Maint Fleet Operating
213350 90 BOLD,PAULINE Instructor Service Outdoor Center
213497 90 SUPERIOR WINE IMPORTS Wine Imported Prairie View Liquor Store
213822 90 HICKMAN,JON Instructor Service Outdoor Center
214087 90 SQUARE CUT Other Contracted Services Senior Center Admin
213468 89 PRIMESOURCE BUILDING PRODUCTS Operating Supplies Senior Center Admin
213900 89 PRIME SOURCE ONE LLC Operating Supplies Senior Center Admin
213624 89 LAMERS,ANDREW Mileage&Parking Tree Disease
213568 88 DIRECTV Cable TV Community Center Admin
213689 88 TOM'S WINDOW CLEANING Janitor Service-General Bldg Den Road Liquor Store
214027 88 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg City Hall-CAM
213635 88 METROPOLITAN FORD Equipment Parts Fleet Operating
213678 87 STANLEY SECURITY SOLUTIONS INC Direct Tenant#3-Comp.Nutrit Den Bldg.-Direct
213536 86 PETTY CASH-EPCC
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213444 85 MINNESOTA REAL ESTATE JOURNAL Prepaid Expenses General Fund
213682 85 STOVRING,LESLIE Mileage&Parking Storm Drainage
213963 84 WHEELER LUMBER LLC Building Materials Homeward Hills Park
213788 84 FASTSIGNS Operating Supplies Special Events(CC)
214039 84 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
213948 83 TIGER TECHNOLOGIES Software Maintenance IT Operating
213386 82 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM
213518 81 WILSONS NURSERY INC Repair&Maint.Supplies Park Maintenance
213684 81 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
213390 81 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance
213916 81 RUNNING,DEAN Mileage&Parking Park Facilities
213544 81 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
213850 80 LIFT BRIDGE BREWERY Beer Prairie View Liquor Store
213996 80 BERGET,LINETTE Instructor Service Outdoor Center
213763 80 CORDES,JEFFREY Clothing&Uniforms Park Maintenance
213828 78 IND SCHOOL DIST 272 Building Rental Transportation Fund
213923 77 SIRCHIE FINGER PRINT LABORATOR Operating Supplies Police
213987 76 AIR ENGINEERING AND SUPPLY Supplies-General Bldg Fire Station#1
213451 75 MTRA Conference Expense Recreation Admin
213867 75 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
214020 75 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Parks Administration
213385 74 FEDEX Postage Human Resources
213382 72 EXTREME BEVERAGE Misc Taxable Prairie Village Liquor Store
213533 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General
213646 71 MPX GROUP,THE Printing Police
213918 71 SCHROEDER,DUANE AR Utility Water Enterprise Fund
214049 70 JANEX INC Cleaning Supplies Police City Center
213370 69 DALE GREEN COMPANY,THE Signs Park Maintenance
214052 69 LAWN RANGER,INC,THE Other Contracted Services Trails Referendum
213610 69 JOE,ALLAN AR Utility Water Enterprise Fund
214040 69 HENRY,PAUL Other Contracted Services Volleyball
213730 68 ANCHOR BLOCK COMPANY Repair&Maint.Supplies Dunn Brothers
213681 67 STODDARD SILENCERS Equipment Parts Water Treatment Plant
213713 67 ZIEGLER INC Equipment Parts Fleet Operating
213429 66 MATSON,TOM Small Tools Fleet Operating
213409 66 J H LARSON COMPANY Supplies-Electrical Fitness/Conference-Cmty Ctr
213549 65 BJORNSTAD,DAWN Deposits-P&R Refunds Community Center Admin
213789 65 FELKER,BARBARA Deposits-P&R Refunds Community Center Admin
213389 64 FSH COMMUNICATIONS LLC Telephone Round Lake
213836 63 JOHN J MORGAN COMPANY Supplies-HVAC Fitness/Conference-Cmty Ctr
213760 63 COMCAST Dues&Subscriptions City Council
213862 63 METROPOLITAN FORD Equipment Parts Fleet Operating
213932 62 SPRINT Telephone Engineering
213972 62 WUTTKE,TRAVIS Other Assets Capital Maint.&Reinvestment
213638 61 MINNESOTA CONWAY EMS Supplies Fire
213889 61 PETSMART Canine Supplies Police
213495 60 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
213376 58 EDEN PRAIRIE NEWS Dues&Subscriptions Fire
213880 55 NORTHWEST RESPIRATORY SERVICE EMS Supplies Fire
213881 55 NUCO2 INC Supplies-Pool Pool Maintenance
213983 52 A TO Z RENTAL CENTER Other Rentals Street Maintenance
213774 52 DMX MUSIC Other Contracted Services Prairie Village Liquor Store
213423 50 LAW ENFORCEMENT RESOURCE CENTE Operating Supplies Police
213456 50 OEDEKOVEN,KIMBERLY R Instructor Service Arts Center
4326 50 VANCO SERVICES Miscellaneous Community Center Admin
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
213866 49 MIKELSON,PAUL Deposits-P&R Refunds Community Center Admin
213941 49 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
213667 47 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Park Maintenance
213651 46 OLSEN COMPANIES Repair&Maint.Supplies Sewer Liftstation
213816 46 HENNEPIN COUNTY PUBLIC RECORDS Other Contracted Services Engineering
4316 45 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
4331 45 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
213795 45 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
214022 45 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating
213593 43 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Sewer System Maintenance
213671 41 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
213597 40 HICKMAN,JON Instructor Service Outdoor Center
213911 36 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
213534 36 XCEL ENERGY Electric Den Road Building
213388 35 FMAM Dues&Subscriptions Fire
214026 35 GINA MAMAS INC Operating Supplies Reserves
213922 33 SHRED-IT Other Contracted Services Community Center Admin
213852 33 LU,WEI CHING Deposits-P&R Refunds Community Center Admin
213688 33 TKO WINES,INC Wine Imported Den Road Liquor Store
213954 32 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage
213626 31 LUBRICATION TECHNOLOGIES INC Equipment Repair&Maint Fleet Operating
213621 30 KRAEMERS HARDWARE INC Repair&Maint.Supplies Ice Arena Maintenance
214077 30 PURCHASE POWER Postage Customer Service
214112 30 TWIN CITIES ARMA Conference Expense City Clerk
213506 26 TKO WINES,INC Wine Imported Prairie View Liquor Store
4310 25 MINNESOTA DEPT OF REVENUE Licenses&Taxes Fleet Operating
213416 25 KOCOUREK,JOAN Clothing&Uniforms Police
213595 25 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning
213732 25 APPRAISAL INSTITUTE Dues&Subscriptions Assessing
213441 24 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police
213546 24 BANK BEER CO Beer Prairie Village Liquor Store
213781 23 EDEN PRAIRIE WINLECTRIC Equipment Parts Emergency Preparedness
213484 22 SEELYE Repair&Maint.Supplies Water Treatment Plant
213679 22 STAPLES ADVANTAGE Office Supplies Customer Service
213735 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance
213939 22 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
213960 21 WALWARK,SARAH Deposits-P&R Refunds Community Center Admin
213818 20 HENNEPIN COUNTY TREASURER Office Supplies Administration
214008 20 CHAMPION PLUMBING Plumbing Permits General Fund
214011 18 COMCAST Operating Supplies Fire
214096 18 UPS Postage Fire
213458 17 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs
213843 16 KRAEMERS HARDWARE INC Supplies-Electrical Fitness/Conference-Cmty Ctr
213408 16 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund
213827 16 IND SCHOOL DIST 272 Building Rental Community Band
213829 15 IND SCHOOL DIST 272 Operating Supplies Police
214025 15 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services
213644 10 MN PRIMA Training Supplies Human Resources
213874 9 MINNESOTA VALLEY ELECTRIC COOP Electric Riley Creek Woods
213358 5 BRUENING,CHARLOTTE Deposits-P&R Refunds Community Center Admin
213842 5 KOCOUREK,JOAN Clothing&Uniforms Police
4330 4 VANCO SERVICES Bank and Service Charges Sewer Utility-General
213437 3 METROPOLITAN FORD Equipment Parts Fleet Operating
213560 3 CENTRAIRE INC Mechanical Permits General Fund
Check# Amount Vendor/Explanation Account Description Business Unit Explanation
4,181,381 Grand Total
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances and Resolutions December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: Approve First ITEM NO.: XI.A.
Leslie Stovring, Public Works/ Reading of an Ordinance Amending City Code
Environmental Services Section 5.36
Requested Action
Move to: Approve First Reading of an Ordinance Amending City Code Section 5.36 Relating to
Licensing of Collectors of Solid, Recyclable and/or Yard Waste
Synopsis
The Hennepin County Board has adopted a new goal to reach a 45% recycling rate by 2015 for
curbside collection of recyclables from Hennepin County residents. This amendment incorporates
changes to address the new requirements being adopted by the County and include following.
1. Updates to reflect changes in County requirements, including expanded plastics collection and
education requirements.
2. Miscellaneous issues that have arisen during day to day application of the ordinance. These are
generally what would be defined as housekeeping items.
Background Information
Hennepin County is currently working on updating their Hennepin County Residential Recycling
Funding Policy (Policy). The County adopted the goals established by the Minnesota Pollution
Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan to help reach a
45% recycling rate by 2015. This will lead to a revised recycling grant agreement starting in 2012.
As part our grant agreement, the city will be required to update their ordinances to meet these goals
immediately, with full implementation required by January 1, 2013.
The following list outlines the major revisions to the Code in the order in which they appear in the
proposed revised ordinance. Remaining items included items such as minor editorial revisions.
The attached ordinance shows a detailed summary of the changes made.
Subd. 3 — Definitions for Curbside Recycling Service and Recycling were added to provide
consistency with County definitions. In addition, the definitions for paper and plastic recyclables
were expanded to include items that Hennepin County is now requiring for recycling. This would
include items such as aseptic containers (juice boxes for example), gable-top containers (such as
milk boxes) and No. 1 through 5 plastics.
Subd. 6 (F) - Reporting requirements were revised to include reporting for organic waste and to
require that information be provided on the total number of multiple family households that recycle.
Subd. 6 (K) — A requirement to provide single-sort or dual-sort recycling for all residential
customers was added in accordance with County requirements.
Subd. 6 (L) —A requirement to provide one educational piece annually to customers with curb-side
recycling was added. The intent is that haulers help educate their customers on what recyclable
materials can be collected curb-side.
Attachment
Ordinance/Annotated Copy- City Code Section 5.36
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO REGULATIONS
GOVERNING LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR
YARD WASTE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5 — Section 5.36 entitled "Licensing of Collectors of Solid,
Recyclable and/or Yard Waste"is amended in its entirety to read as follows:
SECTION 5.36. LICENSING OF COLLECTORS OF SOLID, RECYCLABLE AND/OR
YARD WASTE.
Subd. 1. Purpose and Findings. The Council of the City of Eden Prairie finds that the present
practice of disposing of solid waste in land disposal facilities commonly referred to as landfills is
unacceptable because such disposal is detrimental both in the short-range and long-range to the
environment in that it causes pollution and contamination of underground and surface waters, the
air and natural flora and fauna, it is harmful to the health and safety of persons and property
because of the generation of noxious and dangerous odors and gases, including methane gas, the
contamination of waters and air, and the blowing of airborne particles and contaminants causes
social and/or economic harm to persons and property who reside, or which is, in proximity to
landfills and should be done only in the absence of reasonably available alternatives.
In an effort to ameliorate and eliminate so far as possible the social, economic and physical harm
caused by the disposal of solid waste in landfills, the Council of the City hereby adopts the
following provisions relating to the collection of solid waste, recyclable waste and yard waste
separated at its source.
Subd. 2. Definitions. The following terms, as used in this Section, shall have the following
meanings:
A. Aluminum Recyclables — Aluminum recyclables means disposable containers fabricated
primarily of aluminum, commonly used for beverages.
B. Association—Association means all organizations of residential dwelling owners formed
for the purpose of joint management of property or services.
C. Can Recyclables — Can recyclables means disposable containers fabricated primarily of
metal or tin.
D. Collection—Collection means the aggregation of Solid Waste or Recyclable Wastes from
the place at which it is generated and includes all activities up to the time when the material is
delivered to the final disposal site.
E. Commercial Establishment - Any premises where commercial or industrial enterprise of
any kind is carried on and shall include restaurants, clubs, churches, and schools where food is
prepared or served.
F. Corrugated Cardboard— Corrugated cardboard means heavy paper or cardboard material
with double wall construction and corrugated separation between walls for use in packing or
boxing materials.
G. Curbside Recycling Service — Curbside Recycling Service includes single and multiple
family dwellings where each housing unit sets out their own refuse and recycling container for
collection at the curb.
G. Disposal Facility - Disposal facility means a waste facility permitted by the Minnesota
Pollution Control Agency ("MPCA") that is designed or operated for the purpose of disposing of
solid waste.
H. Glass Recyclables — Glass recyclables means jars, bottles, and containers which are
primarily used for packing and bottling of food and beverages.
I. Geographic Service Area - Geographic service area means that area incorporated within
the boundaries of the City.
J. Licensee - Licensee means a person licensed to collect and transport solid, recyclable
and/or yard waste or roll off containers as provided in this Section.
K. Multiple Family Dwelling — Multiple Family Dwelling means attached dwelling units
and accessory structures containing two (2) or more dwelling units.
L. Paper Recyclables, Paper recyclables means newsprint, advertising supplements, office
paper, magazines, catalogs, mixed paper, aseptic containers, gable-topped containers and ether
uncoated paper products such as boxboardcereal, cracker, pasta, cake mix, shoe, gift, electronics
and toothpaste boxes.
M. Plastic Recyclables — Plastic recyclables means disposable plastic bottles containers and
lids from containers that are labeled #1 (Polyethylene Terephthalate, PET, or PETE), #2 (High
Density Polyethylene or HDPE), #3 (Vinyl Polyvinyl Chloride or PVC), #4 (Low Density
Polyethylene or LDPE), or #5 (Polypropylene or PP)with a neck that are used for bottling of
various matter and are fabricated from plastic, excluding bottles that previously contained
hazardous materials or motor oil.
N. Recyclable Waste - Recyclable waste means those components of solid waste consisting
of aluminum recyclables, can recyclables, corrugated cardboard, glass recyclables, paper
recyclables, plastic recyclables, organics, and other materials required to be recycled in
compliance with City Ordinances, County Ordinances and Regulations, and State Statutes and
Rules, each of which has been separated by a customer into a container or containers which have
been designated for recyclable or organic waste.
O. Recycling — Recycling means the process of collecting Recyclable Waste for reusing
these materials to prevent waste of potentially useful materials either in new products;, in their
original form, or in a manufacturing processes that does not cause destruction of them in a
manner that precludes further use.
I OP. Residential Customer - Residential customer means a person or persons who is or are
customers of a Licensee and reside in a Single Family Dwelling or Multiple Family Dwelling
which is used for residential purposes by one or more people, not including hotels, motels, rest
homes, hospitals, or nursing homes.
I PQ. Roll Off Containers — Roll off containers means detachable receptacles, containers,
dumpsters, bins or boxes designed for collection of construction, demolition, renovation, scrap,
recycling, liquid, solid waste or yard waste materials or debris.
QR. Single Family Dwelling — Single family, detached dwelling and accessory structures
designed for or containing one dwelling unit.
I RS. Solid Waste - Solid waste means garbage, refuse, sludge from a water supply treatment
plant or air contaminant treatment facility, and other discarded waste materials and sludges, in
solid, semisolid, liquid, or contained gaseous form, resulting from residential, industrial,
commercial, mining„ agricultural operations, and community activities, but does not include
hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge;
solid or dissolved material in domestic sewage or other common pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which
are point sources subject to permits under section Section 402 of the federal Federal Water
Pollution Control Act, as amended, ;_dissolved materials in irrigation return flows; or source,
special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as
amended.
I ST. Yard Waste - Yard waste means solid waste generated from landscaping and lawn care
activities such as mowing, trimming, gardening or raking consisting of grass clippings, twigs,
tree and brush clippings, straw, pine needles, tree branches, soft vegetative garden waste and
leaves.
Subd. 3. License Required. It is unlawful for any person to collect solid, recyclable and/or
yard waste from any person, or transport the same, without a license therefore from the City.
Subd. 4. Exception. Nothing in this Section shall prevent a person from collecting or
transporting solid, recyclable and/or yard waste from the person's own residence or place of
business provided the collection and transportation of the solid, recyclable and/or yard waste is
conducted in accordance with Minnesota Rules Chapter 7035.0800. All solid, recyclable and/or
yard waste shall be dumped or unloaded only at a disposal facility licensed by the Minnesota
Pollution Control Agency.
Subd. 5. The following are conditions applicable to each Licensee for a license for the
collection of solid, recyclable and/or yard waste:
A. Each Licensee is authorized to collect solid, recyclable, organic and/or yard waste within
the geographical service area. The Council has by resolution divided the geographical service
area into districts and established the days on which residential solid waste and recyclable
collection may occur within each district. The districts so established and the days on which
collection may occur within each district may from time to time be amended by the Council by
resolution. No Licensee or any other person shall collect solid, recyclable and/or yard waste
from residential customers on any day other than the day specified for collection in the district
except to collect roll-off containers, missed pickups, a special pickup or when a holiday falls on a
district collection day.
B. Each Licensee shall use vehicles or roll off containers for the collection and
transportation of solid, recyclable and/or yard waste in good operating condition, of such design
and so equipped so as to prevent loss in transit of liquid or solid cargo. The vehicles shall be
kept clean and free from offensive odors and shall not be stopped or parked longer than
reasonably necessary to collect solid, recyclable and/or yard waste.
C. No Licensee shall operate a vehicle on any city street which exceeds eight (8) tons per
axle weight.
D. No Licensee shall operate in a residential district after 8:30 o'clock P.M. or before 7:00
o'clock A.M. of any day, and shall not operate in a residential district on Sunday.
E. Each Licensee shall exhibit evidence of the license in a prominent position on each
vehicle and roll off container used in the collection or transportation of solid, recyclable and/or
yard waste.
F. Each Licensee shall be solely responsible for the provision, at its expense, of all
personnel and equipment necessary to collect and transport all solid, recyclable and/or yard
waste for which a license is granted by the City for delivery and disposal in accordance with the
City Code and such regulations as the City may from time to time establish.
G. Each Licensee shall take all precautions necessary to protect the public against injury and
shall defend, indemnify and save the City harmless from and against all liabilities, losses,
damages and claims of damages (including all reasonable costs, attorneys' fees, and other
expenses incident thereto) suffered or incurred by the City that may arise by reason of any act or
omission on the part of the Licensee, its agents, or independent contractors, while engaged in the
collection and transportation of solid, recyclable and/or yard waste. Each Licensee shall also
defend, indemnify and save the City harmless from and against any and all claims, liens and
claims for labor performed or material furnished incident to the said collection and transportation
by Licensee including claims for material or services furnished or subcontracted for by it. Each
Licensee shall also defend, indemnify, and save the City harmless from and against all liabilities,
losses, damages, costs and expenses (including attorneys' fees and expenses of City), causes of
action, suits, claims, demands and judgments of any nature arising from violation of any
representation, agreement, warranty, covenant or condition made by Licensee or imposed upon
Licensee by Section 5.36 of the City Code.
H. Each Licensee shall obtain and furnish to City evidence of all insurance required under
this subdivision, covering all vehicles to be used and all operations to be performed by Licensee
in collecting and transporting solid, recyclable and/or yard waste. Each policy of insurance
required under this subdivision shall name the City as an additional insured.
1. Existence of the insurance required herein shall be established by furnishing
certificates of insurance issued by insurers duly licensed to do business within the State
of Minnesota in force on the date of commencement of the license period, and continuing
for a policy period of at least one (1)year and providing the following coverages:
a. Public liability insurance, including general liability, automobile liability,
completed operations liability, and loading and unloading liability in the
following amounts.
b. Bodily injury liability in the amount of at least $100,000 for injury or
death of any one person in any one occurrence.
c. Bodily injury liability in the amount of at least $300,000 for injuries or
death arising out of any one occurrence.
d. Property damage liability in the amount of at least $50,000 for any one
occurrence.
2. Such general liability and automobile liability insurance policy or policies shall
provide contractual liability insurance, specifically referring to and covering the
obligation of Licensee to defend, indemnify and save harmless the City, its officials,
agents and employees from alleged claims or causes of action for bodily injury or
property damage as provided in Section 5.36 hereof
3. Said general liability and automobile liability policy or policies shall contain an
endorsement as follows:
The policy to which this endorsement is attached is intended to comply with and furnish
the coverages required by Section 5.36 of the City Code of the City of Eden Prairie. If
anything in any other attachment, endorsement or rider conflicts with the provisions of
said Section 5.36, then the provisions of said Section 5.36 shall prevail.
Any deductible amount provided for in any part of the policy will be paid by the insurer
upon establishment of legal liability of any insured, and the insurer shall be entitled to
reimbursement from the insured for such deductible amount.
4. Said policies of insurance shall be furnished by a Licensee to City for
examination and approval prior to the effectiveness of any license issued to a Licensee
together with a certificate or certificates executed by an authorized representative of the
insurer, certifying to the insurance coverage herein required, and stipulating that the
policy will not be canceled nor any material change effected without first giving thirty
(30) days written notice to City. After examination and approval of said policies by City,
they may be returned to the Licensee, but the certificates of insurance shall be retained by
City. Upon request by City, Licensee shall promptly furnish to City for examination at
any time all contracts of insurance required herein. Each Licensee shall, on each
anniversary date of the license, furnish City with evidence satisfactory to the City of the
insurance required hereunder.
I. Each Licensee shall at all times operate its business of collecting, transporting and
disposing of solid, recyclable and/or yard waste in compliance with all local, state, and federal
laws. Each Licensee shall obtain and maintain all licenses, permits, or other authority required
by each county in which it operates, the Minnesota Pollution Control Agency and any other
governmental agency having jurisdiction over its activities.
J. Each Licensee shall impose charges for the collection of solid waste that increase with
the volume or weight of the solid waste collected.
Subd. 6. In addition to the conditions imposed upon Licensees set forth in Subd. 5 hereof the
following are conditions applicable to each Licensee for a license for the collection of solid,
recyclable and/or yard waste from customers effective August 1, 1989. Each such Licensee
shall:
A. Collect or provide for the collection from each customer of the Licensee of recyclable
waste no less frequently than on a bi-weekly basis and solid waste no less frequently than on a
weekly basis on the same day or days that the Licensee collects other forms of solid waste from
such customer as described in Subd. 5(A).
B. Not deliver to, dump, or dispose of recyclable waste which has been placed in a container
designated for recyclable waste on or in a disposal facility.
C. Provide for and collect yard waste from each residential customer of the Licensee at least
as frequently and on such day or days as it shall collect other forms of solid waste from such
residential customer between May and October.
D. A Licensee shall not deliver to, dump or dispose of yard waste on or in a Disposal
Facility.
E. Make available for sale and sell at a reasonable cost to the Licensee's customers,
containers for recyclable waste approved by the City.
F. The Licensee shall provide to the City a quarterly written report that includes the
following information.
1. The amount, by weight or volume, of each of the following materials collected
during the preceding month from all of the residential customers of the Licensee in the
City:
a. Aluminum Recyclables
b. Can Recyclables
c. Corrugated Cardboard
d. Glass Recyclables
e. Paper Recyclables
f. Plastic Recyclables
g. All other recyclable waste
h. Yard Waste
i. Organic Waste
}i. All other Solid Waste
2. Number of Single Family Households with curbside recycling service.
3. Number of liMultiple -Family Households or Customers with curbside
recycling service.
4. Number of Multiple Family Households without curbside recycling service.
45. Number of Commercial Establishments with recycling service.
G. Retain all documents evidencing the amount of the materials collected and/or received by
the Licensee from the facility or facilities at which the materials have been disposed for a period
of at least five (5) years. These documents shall be available for inspection by representatives of
the City at all reasonable times within the County of Hennepin or a contiguous county.
H. Not impose a greater charge for the collection of solid waste upon customers who recycle
than upon customers who do not recycle solid waste or any part thereof
I. Collect or provide for the collection of recyclable waste from each commercial or
business customer on request. The recycling container must be accommodated within an
existing or expanded enclosure for solid waste.
J. Collect or provide for the collection of at a minimum the following materials from all
Residential Customers and Commercial Establishments Customers who have curbside pickup of
Recyclable Wasterecycle:
1. Aluminum Recyclables
2. Can Recyclables
3. Corrugated Cardboard
4. Glass Recyclables
5. Paper Recyclables
6. Plastic Recyclables
K. Collect or provide for the collection of all recyclable materials from residential customers
with Curbside Recycling Services using one of the following systems:
1. Single Sort System—All recyclable materials are collected in one container, or
2. Dual Sort System—All Paper Recyclables are collected separately
L. Provide one educational piece of literature or one educational flyer in a format approved
by Hennepin County to each Single Family and Multiple Family Household who has Curbside
Recycling Service. The educational literature or flyer must include at a minimum the materials
that are collected for Curbside Recycling.
Subd. 7. Exceptions. City Code Section 5.36 is applicable to Roll Off Licensees except as
follows: 5.36, Subd. 6(C) and 6(E). City Code Section 5.36 Subd. 6(A) is applicable to Roll Off
Licensees unless the Roll Off Container is used for collection of construction, demolition or
renovation materials.
Subd. 8. Obstructions. Pursuant to Section 6.06, roll-off containers shall not be placed within
the street or other public property.
Subd. 9. Penalty. Failure to perform, meet or comply with any condition or obligation imposed
upon a Licensee by the City Code shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the license of a Licensee.
Subd. 10. Relationship of the Parties. The City shall have no responsibility or obligation
whatsoever with respect to the collecting, transporting or disposal of solid, recyclable and/or
yard waste, or payment for such services to any person, and nothing in this Section shall be
deemed to constitute a Licensee a partner,joint venturer, agent or representative of the City or to
create the relationship of employer-employee.
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
entire City Code including Penalty for Violation" and Section 5.99, entitled
"Violation a Misdemeanor" are herby adopted in their entirety, by reference, as
though repeated in verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , and finally read and adopted and ordered published at a
regular meeting of the City Council of said City on the day of .
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the .
CITY COUNCIL AGENDA DATE:
SECTION: Ordinance and Resolutions December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B.
City Manager's Office Amendment to City Code Chapter 2.86,
Relating to Surplus and Found Property
Requested Action
Move to: Approve 1st Reading of the Ordinance amending City Code Section 2.86 relating to
surplus and found property, and adopting by reference City Code Chapter 1 and
Sections 2.99 which, among other things, contain penalty provisions.
Synopsis
The proposed change is to conform City practices with State law on the sale of property and to
add a specific process, also in conformance with State law, when property is turned into the City
by a third party.
Background
This change to the previous lower value thresholds of surplus property will result in timely
efficient disposal of surplus property. The City Attorney recommends the City follow the same
process for all City property.
Previously there has not been a formal policy on found property. The proposed policy follows
State statute.
Attachment
Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 2 BY AMENDING SECTION 2.86,SUBD.2,RELATING TO DISPOSAL
OF UNCLAIMED PROPERTY, AMENDING SECTION 2.86, SUBD. 3, RELATING TO
DISPOSAL OF EXCESS PROPERTY, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Section 2.86, Subd.2E. is amended by being renumbered Section
2.86, Subd.2F.
Section 2. City Code Section 2.86, Subd. 2, is amended by adding E. as follows:
In lieu of the procedures set forth in paragraph C of this subdivision,if property is found and
delivered to City as found property by the finder, it may be returned to the finder if the following
conditions are met: 1)the finder must give the owner notice personally or by certified mail,which is
actually received,that the property came into the finder's possession more than six months ago and
that ownership will be transferred to the finder at the end of 30 days if the owner does not claim the
property;2)if the name of the prior owner is not known,and cannot be ascertained with reasonable
diligence, the finder must provide three weeks' published legal notice in the county where the
property was located; 3)if the property has an estimated value of$5,000 or less,the notice may be
placed in one of two local newspapers;4)if the property has an estimated value of more than$5,000
the finder must place the notice in the Star Tribune; 5)the notice shall describe the property, state
the location that it was found, and set forth the finder's telephone number; 6)the finder must notify
the City whether the finder received any inquiries or claims; 7) the finder must submit proof of
publication to the City; and 8) if the owner does not claim the property, the finder may claim the
property after submitting to City an affidavit in which finder affirms that the owner did not claim the
property. If the finder fails to claim the property from City within 250 days of the date hat the finder
submitted the property to City,City may dispose of the property pursuant to the procedures set forth
in paragraph C of this subdivision. For purposes of this section, a finder is not a holder. A City
employee who finds property and delivers it to City is not a finder for the purposes of this section
and the property shall not be returned to him/her. When a City employee delivers found property to
City, City shall follow the procedures set forth in paragraph C of this subdivision.
Section 3. City Code Section 2.86,Subd.3B,C and D.are amended by being replaced in
their entirety with the following:
B. Surplus Property with a Total Estimated Value of Less than$25,000. If the value of
the surplus property is estimated to be$25,000 or less,the City Manager may sell it
either upon quotation or in the open market,in the discretion of the City Manager. If
the surplus property is sold based upon quotation,the City Manager shall obtain, so
far as practicable,at least two quotations which shall be kept on file for a period of at
least one year after their receipt.
C. Surplus Property with a Total Estimated Value Between $25,000 and$100,000. If
the value of the surplus property is estimated to exceed $25,000 but not to exceed
$100,000, the City Manager may sell the surplus property upon sealed bids or by
direct negotiation,by obtaining two or more quotations for the sale when possible.
All quotations obtained shall be kept on file for a period of at least one year after
their receipt.
D. Surplus Property with a Total Estimated Value Over $100,000. If the value of the
surplus property is estimated to exceed $100,000, the City Manager shall solicit
sealed bids by public notice in the manner and subject to the requirements of the law
governing contracts by the City.
Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 5. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
day of , 2011, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the day of , 201_.
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the day of , 201_.
CITY COUNCIL AGENDA DATE:
SECTION: Ordinances &Resolutions December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XLC.
Office of the City Manager/ Fee Schedule Ordinance 2nd Reading
Finance, Sue Kotchevar
Requested Action
Move to: Approve 2nd Reading of the Ordinance Updating the Fee Schedule for Administration
of Official Controls and adopt Resolution approving Summary publication.
Synopsis
This Ordinance establishes a fee schedule for the City's costs in administering Official Controls
pursuant to Minnesota Statutes Section 462.353, Subd. 4.
Background Information
The first reading of this ordinance was approved at the December 6, 2011, Council meeting.
Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred
by it in reviewing, investigating, and administering an application for an amendment to an
Official Control or other approval required under an Official Control.
Minnesota Statute defines an"Official Control" as ordinances or regulations which control the
physical development of a city and implement the general objectives of the comprehensive plan.
Official Controls may include ordinances establishing zoning, subdivision controls, site plan
regulations, sanitary codes,building codes and official maps.
Attachments
Ordinance
Summary Ordinance
Resolution Approving Summary
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE
TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR
REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR
AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER
THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 25 is amended by replacing in it's entirely the
"Fee Schedule for Administration of Official Controls" with the 2012 fee schedule set
forth below. The following fees are prescribed for the review, investigation and
administration of an application for an amendment to an official control established
pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit
or other approval required under an official control established pursuant to those sections:
SERVICE FEE DESCRIPTION
BUILDING INSPECTIONS
Building Permit-Valuation
$1 to $500 $35.00
$501 to $2,000 $35.00 1st $500 plus $4.10 each add'l $100 or
fraction thereof, to & including $2,000
$2,001 to $25,000 $96.50 1st $2,000 plus $18.65 each add'l $1,000
or fraction thereof, to & including
$25,000
$25,001 to $50,000 $525.45 1st $25,000 plus $13.70 each add'l
$1,000 or fraction thereof, to &
including $50,000
$50,001 to $100,000 $867.95 1st $50,000 plus $9.50 each add'l $1,000
or fraction thereof, to & including
$100,000
$100,001 to $500,000 $1,342.95 1st $100,000 plus $7.65 each add'l
$1,000 or fraction thereof, to &
including $500,000
$500,001 to $1,000,000 $4,402.95 1st $500,000 plus $6.30 each add'l
$1,000 or fraction thereof, to &
including $1,000,000
$1,000,001 &up $7,552.95 1st $1,000,000 plus $5.10 each add'l
$1,000 or fraction thereof
Building Permit Other Inspections & Fees
Plan checking 65% of the building permit fee
Reinspection $50.00 Per hour
SERVICE FEE DESCRIPTION
Investigation Fee—work Equal to amount of permit
started w/o a permit fee
Demolishing or Razing $100.00
Buildings—Commercial
Building
Demolishing of Razing $35.00
Buildings - House
Demolishing or Razing $35.00
Buildings - Garage
Demolishing or Razing $35.00
Buildings —Accessory
Building
Demolishing or Razing $35.00
Buildings - Interior
Demo
Demolishing or Razing $35.00
Buildings—Exterior
Demo
Cash Park Fee
Single Family Unit $6,500.00 Per unit
All other residential $5,500.00 Per unit
Office, Commercial, $11,500.00 Per acre
Industrial
DEVELOPMENT
Community Development Deposit
0 to 40 Acres $4,000.00 A development deposit agreement is
required for planned unit developments,
planned unit development amendments,
rezoning,platting, site plan review,
guide plan changes and environmental
assessment worksheets
41 to 80 acres $4,250.00
81+ acres $4,950.00
Guide Plan Charge $690.00 Plus $5.00 per acre
Planned Unit $750.00 Plus $5.00 per acre
Development(P.U.D)
Fee
Planned Unit $750.00 Plus $5.00 per acre
Development
Amendment
Platting
Residential-0 to 10 units $495.00 Plus $5.00 per unit
Residential-11 or more $605.00 Plus $5.00 per unit
Commercial, Industrial, $495.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
2
SERVICE FEE DESCRIPTION
Commercial, Industrial, $605.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
Site Plan Review
Administrative $340.00
Site Plan Review(City Council)
Multi-Family-0 to 10 $490.00 Plus $5.00 per unit
units
Multi-Family-11 or $595.00 Plus $5.00 per unit
more units
Commercial, Industrial, $490.00 Plus $25.00 per acre
Office, Public-0 to 3
acres
Commercial, Industrial, $595.00 Plus $25.00 per acre
Office, Public-3.1 or
more acres
ZONING IIIMP ..all
Commercial, Industrial, Office, Public
0-3 acres $495.00 Plus $25.00 per acre
3.1 or more acres $610.00 Plus $25.00 per acre
Residential
0-10 units $495.00 Plus $5.00 per unit
11 or more units $610.00 Plus $5.00 per unit _
Shoreland Management Ordinance Permits
Temporary structure in $90.00
public waters
Change in structure in $90.00
public waters
Multiple dock or dock $90.00
excess of 75'
Zoning Amendment and Zoning Appeal
Zoning amendment $270.00 Appeal to Board of Adjustments and
Appeals
Variances Residential $365.00 Includes residential zoned properties for
new construction,building additions,
decks,porches, garages, accessory
structures and variances from all
chapters of the City Code
Variances Other $595.00 Includes variances associated with
properties zoned office, industrial,
commercial and residential
Variances Building or $250.00
Fire Code A eal
ZONING-TELECOMMUNICATIONS
Commercial Wireless Communications towers and/or antennas
3
SERVICE FEE DESCRIPTION
Administrative $260.00 Towers and/or antennas meeting code
located on private property
Letter of Intent $2,050.00 Non-refundable Towers and/or antennas on City property_
Letter of Intent $1,050.00 Deposit for Additional funds may be required if the
legal/consultant costs balance in the deposit account is
inadequate to pay for all of the fees and
costs incurred by the City
Variances required for See Development Fees
tower and/or antennas
Site Plan Review See Development Fees
required for tower
and/or antennas
ENGINEERING
Environmental $500.00 Plus $10.00 acre
Assessment Worksheet
(E.A.W.)
Excavation & Grading—Grading Permit Fee/Plan Review Fee
*The following fees are the total hourly cost to the jurisdiction. This cost shall include
supervision, overhead, equipment, hourly wages, and fringe benefits of the employees
involved.
101 to 500 cubic yards $100.00*
501 to 1,000 cubic yard $250.00*
1,001 to 10,000 cubic $500.00*
yards
10,001 to 100,000 cubic i $1,000.00*
yards
100,001 or more $2,000.00*
Reinspection fee $90.00 Minimum charge is one half hour,
required by changes, additions or
revisions to approve plans
Additional plan review $90.00 Minimum charge is one half hour,
fees required by changes, additions or
revisions to approve plans
Public Right-of Way or Easement Vacation
Application Fee $350.00 Per transaction/for vacating the City's
interest in real property, including right-
of-way and easement's (for consultation,
review, notice mailing, publication of
notice and recording)
Signs
Up to 30 sq ft in size $75.00
31 sq ft through 50 sq ft $95.00
in size
51 sq ft through 80 sq ft $115.00
in size
4
SERVICE FEE DESCRIPTION
81 sq ft or over $145.00
Charge for returning $15.00
picked up signs
** The surface of double or multi-forced signs shall be combined for the purpose of determining
the amount of the fee.
Engineering—Land Development Services
For consultants,utility and street plans and specifications, general and final inspections of
improvements and special assessment division.
Final Plan Review, Contract Administration, and Inspection Review
5%multiplied by the Not applicable to projects built by city
total construction cost through special assessment. Cost
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
payable prior to start-up.
Final Plat
Residential $65.00 Per unit/Minimum$350.00 plus cost of
review by special assessment. Costs
include public infrastructure
improvements (excluding grading costs),
subject to approval by City Engineer
payable prior to start-up.
Commercial, Industrial, $150.00 Per acre/Minimum $400.00
Office and Public
Administrative Land $100.00
Division
LGU Review
Min. Payment is $160. $90.00 An hour
Plus cost of review by
special consultants
necessary as determined
by the City Manager.
The deposit, or a
portion thereof, will be
refunded after final City
Council action on the
Development
Application if the total
sum deposited is greater
than the administrative
review cost or if no City
Council action is
required the deposit will
be refunded after all site
review and monitoring
5
SERVICE FEE DESCRIPTION
activities are complete.
All costs incurred by the
City or their consultant
that exceed the cash
deposit balance will be
billed to the applicant.
LGU Deposit-Plan Review
An LGU deposit $4,000.00
agreement is required
for wetland alteration,
wetland replacement,
wetland restoration
and/or wetland bank
plan reviews
LGU Deposit—Site Review
Single Family $170.00 An LGU deposit agreement is required
Residential for review of wetland delineations or
wetland determinations on single family
residential properties.
Site Review or $1,200.00 An LGU deposit agreement is required
Development Review for site review and/or wetland
delineation review.
Section 2. Ordinance No. 19-2010 is repealed effective January 1, 2012.
Section 3. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" is
hereby adopted in its entirety by reference, as though repeated verbatim
herein.
Section 4. This Ordinance shall become effective January 1, 2012 for calendar year
2012.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
6th day of December, 2011, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 6th day of December, 2011.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on December 15, 2011.
6
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO._-2011 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. _-2011 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 6th day of December, 2011.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. _-2011 is lengthy and contains charts.
B. The text of summary of Ordinance No. _-2011, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance -2011 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on December 6, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING
CHAPTER 25 BY ADOPTING THE 2012 "FEE SCHEDULE FOR ADMINISTRATION
OF OFFICIAL CONTROLS", REPEALING ORDINANCE NO. 19-2010,AND ADOPTING
BY REFERENCE CITY CODE CHAPTER 1 WHICH,AMONG OTHER THINGS,
CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the
"Fee Schedule for Administration of Official Controls" for the City's costs in administering
Official Controls. As defined by Minnesota Statute, Official Controls may include zoning,
subdivision controls, site plan regulations, sanitary codes,building codes and official maps.
Effective Date: This Ordinance shall take effect January 1, 2012.
ATTEST:
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on December 15, 2011.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Officers December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1.
Rick Getschow, Office of the Resolution Certifying the 2012 Property Tax
City Manager Levy,Adopting the 2012 Budget, and
Consenting and Approving the 2012 HRA tax
levy.
Requested Action
Move to:
• Adopt a resolution certifying the 2012 Property Tax levy to be $ 32,258,990
• Approve the 2012 Budget of$41,466,168 as reviewed by the Council
• Consent and approve the HRA tax levy and budget of$200,000.
Synopsis
On September 6, 2011, the Eden Prairie City Council adopted a resolution certifying the
proposed 2012 City budget and property tax levy. Calculations for the City showed the budget
to be $41,466,168 and the certified levy to be $32,258,990 before fiscal disparities distribution.
The net tax levy after fiscal disparities distribution of($1,673,150) is $30,585,840.
The 2012 proposed budget on September 6, 2011 maintains City services with a budget increase
of 3.9% in the general fund and a total budget increase of 2.6%which includes the capital levy
and debt service payments. The tax levy is budgeted to increase .9% or$282,398.
According to state statute, the final levy amount must be certified to the county auditor by
December 28, 2011. City Council adoption of the final levy and budget will complete this
process.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2011-
A RESOLUTION CERTIFYING THE 2012 TAX LEVY
AND ADOPTING THE 2012 BUDGET
WHEREAS,the City Council has reviewed the budget recommended by the City Manager,listened
to public comment, and discussed the proposals and tax levy for the 2012 Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the
taxable property in said City for the following purposes:
Taxes to be levied against tax capacity
General Fund $28,647,954
Market Value Homestead Credit 490,042
Capital Improvements 89,894
Bonds and Interest
2005A Special Assessment Bond 109,000
2006B Building Bond 355,000
2008A Equipment Certificates 425,000
2009B Equipment Certificates 380,000
2009C Public Facility Bonds 316,000
2011B Equipment Certificates 96,100
Net tax capacity levy for certification $30,908,990
Less Fiscal Disparities distribution 1,673,150
Net tax collectible $29,235,840
Taxes to be levied against market value
2003A Refunding Park Bonds $ 115,000
2003C Refunding Open Space Bonds 200,000
2005C Park Bonds 213,302
2006A Park Bonds 821,698
Market value tax levy
for certification $ 1,350,000
Total net tax collectible $30,585,840
Funds have been provided for principal and interest payments on all bond issues except as shown
above, and no other levies are required(as shown in Exhibit 2).
BE IT FURTHER RESOLVED that,with the conclusion of the Proposed Property Tax and Budget
Hearing process, the City Council approves the 2012 Budget totaling $41,466,168.
BE IT FURTHER RESOLVED that the council consents and approves the 2012 HRA tax levy of
$200,000.
ADOPTED by the Eden Prairie City Council this 6th day of December, 2011.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES
LEVIED YEAR 2011,COLLECTED YEAR 2012
EXHIBIT 2
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
Date of Amount of Required Levy Actual Levy
OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2011/2012 2011/2012
G.O.Refunding Open Space Bonds 2003C 02/19/03 $1,145,000 $200,000 $200,000
G.O.Refunding Park Bonds 2003A 02/19/03 $3,185,000 $435,000 $115,000
G.O.Special Assessment Bonds 2005A 07/01/05 $2,390,000 $109,000 $109,000
G.O.Park Bonds 2005C 12/02/05 $4,920,000 $215,000 $213,302
G.O.Park Bonds 2006A 01/01/06 $8,425,000 $825,000 $821,698
G.O.Building Bonds 2006B 07/01/06 $4,290,000 $355,000 $355,000
G.O.Equipment Bonds 2008A 10/01/08 $3,120,000 $425,000 $425,000
G.O.Equipment Bonds 2009B 07/21/09 $2,455,000 $380,000 $380,000
G.O.Public Facility Revenue Bonds 2009C 11/01/09 $1,395,000 $320,000 $316,000
G.O.Equipment Bonds 2011B 01/01/11 $415,000 $100,000 $96,100
GRAND TOTAL $ 3,364,000 $3,031,100
CITY COUNCIL AGENDA DATE:
SECTION: Community Development Director Report December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.1.
Community Development: Open to Business Program Contracts
Janet Jeremiah/David Lindahl
Requested Council Action:
Move to: Adopt contracts between the City of Eden Prairie, Hennepin County and the Metropolitan
Consortium of Community Developers (MCCD) for delivery of the Open to Business program.
Synopsis:
On October 6, 2011 the City Council adopted a resolution approving the City's participation in the
Open to Business program. The fee for one year of service is $10,000—with Hennepin County
providing a matching grant for one half of the total fee or$5,000 and the City providing the other
half through its Economic Development Fund.
The attached contracts detail the fiscal and performance responsibilities of each party.
Background:
As part of a strategy to promote economic development and create and retain jobs the Hennepin
County HRA is soliciting proposals from suburban Hennepin cities interested in launching a small
business and entrepreneur technical assistance program called Open to Business. Open to Business
was originally conceived as a partnership between the City of Brooklyn Park and the nonprofit
community development organization Metropolitan Consortium of Community Developers (MCCD)
—a 45 member association working to increase opportunities for small business and entrepreneurs.
Through this partnership, MCCD provides direct, one-on-one technical assistance services to
Brooklyn Park's entrepreneurs and small businesses. The Open to Business model has since
expanded to the cities of Minnetonka, St. Louis Park, and now Eden Prairie.
The fee for one year of service is $10,000—with Hennepin County providing a matching grant for
one half of the total fee or$5,000. The $5,000 cost to the City will be paid through our Economic
Development Fund. The range of services provided through the program includes:
• Business plan development
• Feasibility studies
• Cash flow and financing projections
• Marketing
• Loan request preparation
• Advocacy with lending institutions
City staff will work with the Eden Prairie Chamber of Commerce to market the program locally.
Although we don't know for certain the level of need for this type of program in Eden Prairie -we do
know that 800 to 1,000 of our 3,400 businesses are home-based so there could potentially be a good
deal of interest for this type of service. Since spring of this year the MCCD has provided 112 hours
of technical assistance to Minnetonka businesses and entrepreneurs.
Funding:
HCHRA has committed funds to support the efforts of suburban Hennepin municipalities interested
in pursuing this initiative. MCCD provides "Open to Business" services to participating
municipalities' entrepreneurs and small businesses for a flat annual fee. The base annual fee is
$10,000 for municipalities with populations between 30,000 and 60,000. For populations over
60,000, fees will be negotiated on a case-by-case basis. The HCHRA has $75,000 available for one-
to-one matching grants up to $5,000 for municipalities or collaborations of municipalities who wish
to provide an annual pilot of"Open to Business" in their community. Funds are available on a one-
time basis.
Attachment:
Contracts
Contract for Services
Between the City of Eden Prairie
Metropolitan Consortium of Community Developers
for the
Open to Business Program
THIS AGREEMENT, is made and entered into as of the 6st day of December, 2011,between
the City of Eden Prairie and Metropolitan Consortium of Community Developers, (herein
called"MCCD").
WHEREAS, the City of Eden Prairie wishes to retain an entity with the capacity to provide
small business technical assistance to existing businesses and those parties interested in opening
a business in Eden Prairie (the "Initiative") and
WHEREAS, MCCD has represented itself as competent to provide the services required to
administer and carry out the Initiative; and
WHEREAS, the City of Eden Prairie wishes to engage MCCD to provide said services
necessary to carry out the Initiative;
NOW THEREFORE, it is agreed between the parties hereto that;
1. TIME OF PERFORMANCE
The service to be provided by MCCD shall commence upon execution of this Agreement
and shall terminate as of December 31, 2012. All services, documents, and information
to be furnished or performed by MCCD in order to carry out the Initiative shall be
furnished or performed as promptly as possible, and with the fullest due diligence.
2. COMPENSATION
Total compensation to MCCD shall be $10,000 for a one year period(the Contract
Amount) to manage the Eden Prairie Open to Business program. The Contract Amount
will be paid in two equal installments: $5,000 due and payable by the City of Eden
Prairie upon execution of this Agreement, and$5,000 invoiced and dated on or about 6
months from the agreement date,payable by Hennepin County Housing Redevelopment
Authority.
3. SCOPE OF SERVICES
MCCD will use the Contract Amount to provide technical assistance to existing Eden
Prairie businesses, residents and parties interested in starting a business in Eden Prairie;
(See Exhibit A Scope of Services-Eden Prairie Open to Business Program).
1
4. REPORTING
MCCD agrees to submit quarterly reports related to its operation of the Eden Prairie
Open to Business program. Items to be reported on include,but are not limited to,the
following:
> Number of inquiries
> Hours of technical assistance provided
➢ Type of assistance provided
➢ Type of business
> Annual sales revenue
> Number of businesses opened
> Number of business expanded/stabilized
> Number and amounts of financing packages
> Demographic information on entrepreneurs
The required reporting schedule is as follows:
1st quarter January—March, report due April 30th
2nd quarter April—June, report due July 31st
3rd quarter July— September, report due October 31st
4th quarter October—December, report due January 31st of 2013
MCCD will provide additional reports as requested by the EDA.
5. PERSONNEL
MCCD represents that it has, or will secure, at its own expense, all personnel required in
performing the services to carry out the Initiative. Such personnel shall not be employees
of or have any contractual relationship with the City of Eden Prairie. No tenure or any
other rights or benefits, including worker's compensation, unemployment insurance,
medical care, sick leave,vacation pay, severance pay, or any other benefits available to
City of Eden Prairie employees shall accrue to MCCD or employees of MCCD
performing services under this agreement. The MCCD is an independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD, and
all personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State and local law to perform such work.
2
6. INTEREST OF MEMBERS OF THE CITY,EDA AND OTHERS
No officer, member, or employee of the City of Eden Prairie, and no member of its
governing body, and no other public official or governing body of the locality in which
the Initiative is situated or being carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of the
Initiative, shall participate in the decision relating to this Agreement which affects his/her
personal interest or the interest of any corporation, partnership, or association in which
he/she is, directly or indirectly, interested or has any personal or pecuniary interest, direct
or indirect, in this Agreement or proceeds thereof.
7. ASSIGNABILTY
MCCD shall not assign any interest in this Agreement, and shall not transfer any interest
in the same without the prior written approval of the City of Eden Prairie thereto.
8. COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal and state laws, statutes and applicable
regulations and the ordinances of the City of Eden Prairie.
9. INSURANCE
MCCD agrees to provide proof of workers' compensation and comprehensive general
liability insurance. Comprehensive general liability insurance shall be in the minimum
amount of$1,500,000
10. HOLD HARMLESS
MCCD agrees to defend, protect, indemnify and hold harmless the City of Eden Prairie,
their agents, officers and employees harmless from and against all liabilities, losses,
damages, costs, and expenses, whether personal,property, or contractual, including
reasonable attorney's fees, arising out of, or related to the administration and operation of
the Initiative, and from any act of negligence of MCCD, its officers, employees, servants,
agents, or contractors.
The City of Eden Prairie, and the EDA agree to defend, protect, indemnify and hold
harmless the MCCD, its agents, officers and employees harmless from and against all
liabilities, losses, damages, costs, and expenses, whether personal, property, or
contractual, including reasonable attorney's fees, arising out of, or related to the
administration and operation of the Initiative, and from any act of negligence of the City
of Eden Prairie, their officers, employees, servants, agents, or contractors.
11. NOTICES
A notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid,
return receipt requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
3
David Chapman, Director of Lending and Operations
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
(b) In the case of the City of Eden Prairie:
David Lindahl
Economic Development Manager
City of Eden Prairie
8080 Mitchell Road.
Eden Prairie, MN 55344
or at such other address with respect to any party as that party may designate in writing
and forward to the other as provide in the Section.
12. MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever
without the prior written approval of all the parties hereto.
13. DATA PRACTICES ACT
MCCD shall at all times abide by the Minnesota Government Data Practices Act,
Minn. Stat. Section1301, et seq., to the extent that the Act is applicable to data and
documents in the hands of the MCDDA.
14. CLAIMS
To receive any payment on this Contract, the invoice or bill must include the following
signed and dated statement: AI declare under penalty of perjury that this account, claim,
or demand is just and correct and that no part of it has been paid.
15. Contracting Party's Prompt Payment of Subcontractors.
The contracting Party shall pay to any subcontractor within ten (10) days of the Contracting
Party's receipt of payment from the City for undisputed services provided by the
subcontractor. The Contracting Party shall pay interest of one and a half percent (1 2%)
per month or any part of a month to a subcontractor on any undisputed amount not paid
on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the
Contracting Party shall pay the actual amount due to the subcontractor.
16. Audits
The books, records, documents, and accounting procedures and practices of the Contracting
4
Party or other parties relevant to this agreement are subject to examination by the City and
either Legislative Auditor or the State Auditor for a period of six years after the effective
date of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
CITY OF EDEN PRAIRIE METROPOLITAN CONSORTIUM
OF COMMUNITY DEVELOPERS
By: By:
Nancy Tyra-Lukens, Mayor Jim Roth, Its Executive Director
And by;
By
Rick Getschow, City Manager
5
Exhibit A
Scope of Services
Open for Business Technical Assistance Services
MCCD will provide intensive one-on-one technical assistance to Eden Prairie businesses, Eden
Prairie residents and aspiring entrepreneurs intending to establish,purchase, or improve a
business in Prairie. Technical assistance includes, but is not limited to, the following:
> Business plan development
> Feasibility analysis
> Marketing,
> Cashflow and other financial projection development
> Operational analysis
> City and State licensing and regulatory assistance
> Loan packaging, and other assistance in obtaining financing
> Help in obtaining competent legal advice
MCCD will also provide technical assistance on a walk-in basis monthly in Eden Prairie City
Hall or as requested at a place of business within Eden Prairie.
Open for Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD's Emerging Small
Business Loan Program(see Exhibit B Small Business Loan Program Guidelines below).
MCCD also provides its financing in partnership other community lenders, banks or both.
6
EXHIBIT B
Small Business Loan Program Guidelines
Loan Amounts:
• Up to $25,000
• Designed to leverage other financing programs as well as private financing provided by
the commercial banking community.
Eligible Projects:
• Borrowers must be a"for-profit"business.
• Business must be complimentary to the existing Eden Prairie business community.
• Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
• Loan proceeds can be used for working capital, inventory, equipment and general
business operations.
Interest Rates:
• Loan interest rate is normally fixed at 10%.
Loan Term Length:
• Loan repayment terms will generally range from three to five years.
Fees and Charges:
• Borrowers are responsible for paying all customary legal and other loan closing costs.
7
1
CITY COUNCIL AGENDA DATE:
SECTION: Reports of Directors December 6, 2011
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. XIV.C.2.
Community Development: Purchase Agreement- Lot 1 Block 1 Dell
Janet Jeremiah/David Lindahl Station(next to Fire Station#4)
Requested Action:
Move to: Authorize the Mayor and City Manager to execute a purchase agreement and other documents
including but not limited to a Warranty Deed and affidavits as are necessary to complete the sale of a 1.17 acre
site owned by the City and legally described as Lot 1, Block 1, Dell Station, Hennepin County, Minnesota.
Synopsis:
The buyer, Blue Hill Solutions, LLC has submitted an offer to purchase the 1.17 acre site for $450,000 for
a New Horizon Daycare Center. The sale is expected to close early next year provided all contingencies are
met the development proposal is approved by the City.
Background:
The corner of Dell Road and TH312 was identified in 2004 as a good location for a new fire station to
serve the southwest area of Eden Prairie. The City purchased a 3.65 acre parcel at this location in 2005 for
$1,960,034 or$12.30 per square foot. Although only 1.3 acres was needed for the fire station the owners
would only sell the entire parcel, so the City completed the purchase knowing it would sell part of the
remaining property to MnDOT for the 212 project, and the other remaining parcel could be sold for
commercial development. MnDOT purchased 1.29 acres from the City in June 2005 for$722,500 or$12.84
per square foot.
While the fire station was being constructed this parcel was used for construction access and for storing
various materials and equipment. The east side of this site was used for the construction of a storm
retention pond designed to serve the fire station and the remaining parcel.
In the fall of 2005, staff issued an RFP for development and received four proposals for small multi-tenant
convenience shopping centers. Reliance Development offered to pay the City $700,000 for the site
provided they could build a 10,000 square foot shopping center and obtain rents of around$25/square foot.
Over the next several months Reliance worked with staff on site plan related issues and eventually asked
the City to reevaluate its parking requirements for shopping centers which they felt were too high. The City
eventually reduced its parking requirements but Reliance was still only able to site plan an 8,000 square
foot building without variances—partly because the storm retention pond renders about 35% of the site
unusable. Also, after further market analysis they determined the space would likely obtain rents well
below $25/square foot. Therefore they reduced their purchase offer for the land from $700,000 to
$550,000, which they felt made the project more economically feasible. Reliance continued to work with
staff on site plan and building design issues but in early 2007 withdrew their offer to purchase the site
citing an inability to make the numbers work and also recognized that market was beginning to wane.
The next purchase offer came from another retail developer in August 2007 for $550,000 for a small strip
retail convenience development. The City declined the offer believing it was too low based on data from
other land sales that had occurred around Eden Prairie over the previous year or two. But by fall of 2008
the real estate market crashed and values plummeted dramatically across the U.S. and in Eden Prairie.
In early 2010 another local developer offered the City$350,000 for the property for a small convenience
store concept. That offer was also rejected.
Staff feels the current offer of$450,000 is a fair price for the property considering the current market
conditions. And many in the real estate industry are saying the road to recovery may be long and uneven.
Also, a daycare is consistent with the current zoning of the site and according to the developer the
convenient access from TH212 makes it ideal for this type of use.
Attachment:
Purchase Agreement
TH212 & Dell Road Interchange
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PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (this "Agreement") is dated as of December 6, 2011
between City of Eden Prairie, a Minnesota municipal corporation(referred to as "Seller") and
Blue Hill Solutions, LLC a Minnesota limited liability company(referred to as "Buyer").
RECITALS
Seller is the fee owner of certain real property located in Hennepin County, Minnesota,
containing approximately 1.17 acres, legally described as Lot 1 Block 1, Dell Station, Hennepin
County, Minnesota, according to the plat thereof on file or of record (the "Land"). The Land,
together with all buildings and improvements constructed or located on the Land in Eden Prairie,
Minnesota all easements and rights benefiting or appurtenant to the Land , (collectively referred
to herein as the "Real Property").
Buyer desires to purchase the Real Property from Seller, pursuant to the terms of this
Agreement and subsequently construct a child care facility as set forth on Exhibit A
Seller desires to sell the Real Property to Buyer,pursuant to the terms of this Agreement.
For purposes of this Agreement the effective date is the later date both Seller and Buyer
shall have executed this Agreement ("Effective Date") as shown by the dates next to their
signature blocks.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Sale of Real Property. Seller agrees to sell to Buyer and Buyer agrees to buy
from Seller the Real Property.
2. Purchase Price. The purchase price to be paid by Buyer to Seller is Four Hundred
Fifty Thousand Dollars ($450,000.00).
3. Payment of Purchase Price. The Purchase Price shall be paid as follows:
3.1 Earnest Money. Twenty-Two Thousand Five Hundred and no/100 Dollars
($ $22,500- as earnest money ("Earnest Money") which Earnest Money
shall be held by Guaranty Title Company ("Escrow Agent") in an interest
bearing escrow account, pursuant to the Escrow Agreement attached
hereto as Exhibit B. The fees for any such account shall be paid by Buyer
3.2 Closing Payment. Subject to adjustments provided for herein, Four
Hundred Twenty Seven Forty Thousand Five hundred Dollars and no/100
($427500,) in cash or by wire transfer of U.S. Federal Funds to be
received by Seller on the Closing Date.
4. A. Contingencies. Unless waived by Buyer in writing, Buyer's obligation to
purchase the Real Property shall be subject to and contingent upon each of the following:
4.1 Representations and Warranties. The representations and warranties of
Seller contained in this Agreement must be true now and on the Closing
Date as if made on the Closing Date and Seller shall have delivered to
Buyer at closing a certificate dated the Closing Date, signed by Seller,
certifying that such representations and warranties are true as of the
Closing Date (the "Bring-down Certificate").
4.2 Performance of Seller's Obligations. Seller shall have performed all of
the obligations required to be performed by Seller under this Agreement,
as and when required by this Agreement.
4_3 Title shall have been found acceptable by Buyer or made acceptable in
accordance with the requirements and terms of Section 10 below
4.4 Phase I. No later than forty-five (45) days after the Effective Date Buyer
shall have determined that it is satisfied with a Phase I Environmental
Report (prepared in accordance with the current ASTM standard for Phase
I environmental site assessments) to be prepared with regard to the Real
Property by an environmental consultant reasonably acceptable to Buyer
(the "Phase I"). Buyer shall cause the Phase I to be prepared no later than
thirty-five (35) days after the Effective Date at Buyer's cost and expense
and shall deliver a copy to Seller within three (3) business days of receipt
by Buyer.
4.5 Testing. No later than forty-five (45) days after the Effective Date Buyer
shall have determined that it is satisfied with the results of and matters
disclosed by the Phase I and any other soil tests, engineering inspections,
hazardous waste and environmental reviews of the Real Property, all such
tests, inspections and reviews to be obtained at Buyer's sole cost and
expense.
4.6 No Adverse Action. There shall not exist on the Closing Date any
lawsuit, governmental investigation or other proceeding challenging the
transaction contemplated in this Purchase Agreement, or which might
adversely affect the right of Buyer to own, develop, or use the Real
Property after the Closing Date for Buyer's intended use.
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4.7 Governmental Approval. No later than one-hundred fifty ( 150) days
after the Effective Date Buyer shall have obtained approval from the City
of Eden Prairie all full and final approvals for the development and
construction of a childcare facility with a capacity of no less than 150
children , including, without limitation, City Council approval of a
Resolution for Planned Unit Development Concept Review, 1st Reading of
an Ordinance for Planned Unit Development District Review and Zoning
District Change, Site Plan Review, (hereinafter collectively referred to as
"Governmental Approvals") (excepting however building permit)
pertaining to the Real Property. Seller, as the Owner of the Real Property
and not as a governmental entity, shall without charge to Buyer cooperate
in Buyer's attempts to obtain all such governmental approvals. Seller
shall further execute such rezoning applications, plans, environmental
worksheets and other documents as may be required by governmental
bodies to accomplish the foregoing. Buyer must make application with
the City of Eden Prairie for the Governmental Approvals within thirty (30)
days of the Effective Date.
4.8 Restrictive Covenant. No later than forty-five (45) days after the Effective
Date, Buyer and Seller shall agree on the form of restrictive covenant, as
more fully described in Section 15 hereafter, to be recorded at Closing
against the Real Property.
4.9 Financing. No later than one-hundred-fifty (150) days after the Effective
Date Buyer shall have secured a commitment for financing for the
purchase of the Real Property and subsequent construction of a childcare
facility thereon the terms of which financing are acceptable to Buyer at its
sole discretion.
4.10 Survey. Within thirty (30) days after the Effective Date Seller shall
deliver a copy of the Survey, which survey shall be certified to Seller as
having been made in accordance with the "Minimum Standard Detail
Requirements and classifications for ALTA/ACSM Land Title Surveys"
jointly established and adopted by ALTA and ACSM in 2011 and shall
meet the accuracy requirements of an Urban Survey("Survey").
4.11 Pond. Within sixty (60) days of the Effective Date Buyer shall have
obtained determination that the existing pond is adequately designed to
accommodate the development and construction of a child care facility
without modification beyond the encroachment proposed on the
conceptual site plan attached hereto as Exhibit A.
4. B. Termination by Buyer. Unless waived by Buyer in writing, Buyer's obligation to
purchase the Real Property shall be subject to and contingent upon each of the following: If any
of the foregoing contingencies set forth in Section 4. A. of this Agreement have not been
satisfied on or before the stated date then this Agreement may be terminated, at Buyer's option,
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by written notice from Buyer to Seller. Such notice of termination shall be given no later than
Five (5) business days after the stated date for the relevant contingency item. If Buyer fails to
give notice of termination as provided above, the contingencies are automatically deemed
waived. Buyer may also waive any contingency by written notice to Seller but such written
notice is not required for a waiver to be effective. Upon a termination by Buyer (a) Buyer and
Seller shall execute a recordable written termination of this Agreement, which shall include
Buyer's quit claim of any interest in and to the Real Property, (b) the Earnest Money and any
interest accrued thereon shall be released to Buyer, and (c) upon fulfillment of(a) and (b) above
neither party will have any further rights or obligations regarding this Agreement or the Real
Property except for the rights and obligations of indemnification set forth in Sections 5, 17 and
18.
4. C. Termination by Seller. If Buyer defaults in any obligation set forth in 4. A.
above, including but not limited to obtaining a Phase I and making application for the
Governmental Approvals with the City of Eden Prairie within the required time, this Agreement
may be terminated, at Seller's option upon five (5) business days written notice from Seller to
Buyer, at any time prior to the Closing Date. Upon a termination by Seller (a) Buyer and Seller
shall execute a recordable written termination of this Agreement, which shall include Buyer's
quit claim of any interest in and to the Real Property as liquidated damages; (b) the Earnest
Money and any interest accrued thereon shall be released to and retained by Seller; (c) Buyer's
rights in and to the Survey shall be automatically assigned to Seller and Buyer shall execute such
assignment documents as may be necessary to confirm said assignment, and(d) upon fulfillment
of(a) and (b), neither party will have any further rights or obligations regarding this Agreement
or the Real Property except for the rights and obligations of indemnification set forth in Sections
5, 17 and 18.
5. Buyer's Access Investigation and Security and Property Data.
5.1 Access and Investigation. Seller shall allow Buyer, and Buyer's agents,
access to the Real Property without charge and at all reasonable times for
the purpose of Buyer's investigation and testing the same. Except as set
forth in the Agreement, Buyer shall pay all costs and expenses of such
investigation and testing and shall indemnify and hold Seller and the Real
Property harmless from all costs and liabilities relating to Buyer's
activities. Buyer shall further promptly repair and restore any damage to
the Real Property caused by or occurring during Buyer's testing and return
the Real Property to substantially the same condition as existed prior to
such entry.
5.2 Security. In the event Buyer is conducting any tests or inspections on the
Real Property as permitted in this Agreement ("Tests"), prior to being
allowed access to the Real Property Buyer shall either (i) provide the
Seller duly and validly executed mechanics lien waivers, whether by a full
satisfaction of mechanics lien or by a written waiver of all mechanics lien
rights against the Real Property, by which any provider acknowledges
payment in full for its labor and material or agrees to waive its rights to
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claim a mechanics lien against the Real Property as the result of any Tests,
or (ii) Buyer shall obtain a written estimate for said services reasonable
acceptable to Seller and shall tender to the Seller security equal to 150%
of total of the estimates of the contractors selected by Buyer to perform
said services. Such security shall be in the form of cash or a Letter of
Credit from a financial institution acceptable to Seller(the "Security") and
shall be held in escrow by Seller and shall be released by Seller upon
tender of lien waivers for the Tests performed on the Real Property. In the
event liens or other claims are filed against the Real Property on account
of the activities of Buyer, its contractor's or agents, Seller may use the
Security to satisfy such liens or claims.
5.3 Property Data. Within twenty (20) days of the Effective Date, Seller shall
provide Buyer with the items and documents set forth in Exhibit D (the
"Due Diligence Documents") to the extent such items and documents are
in the Seller's possession. Except as expressly stated herein, Seller makes
no representation or warranty as to the truth, accuracy, or completeness of
any materials, data or information delivered by Seller to Buyer in
connection with the transaction contemplated by this Agreement. Buyer
acknowledges and agrees that all materials, data and information delivered
by Seller to Buyer in connection with the transaction contemplated by this
Agreement are provided to Buyer as a convenience only and that any
reliance on or use of such materials, data or information by Buyer shall be
at the sole risk and expense of Purchaser. Without limiting the generality
of the foregoing, Buyer acknowledges and agrees that (i) any
environmental or other report with respect to the Premises shall be for
general information purposes only, (ii) Buyer shall not have any right to
rely on any such report delivered by Seller to Purchaser, but rather will
rely on its own inspections and investigations of the Premises and any
reports commissioned by Buyer with respect thereto, and (iii) neither
Seller or any affiliate of Seller, or their respective employees, officers,
council members, commissioners, or any person or entity which prepared
any such report delivered by Seller to Buyer shall have any liability to
Buyer for any inaccuracy in or omission from any such report. In the
event this Agreement is cancelled or fails to close for any reason other
than Seller's default, Buyer shall promptly return to Seller any
information, reports, surveys or other property data delivered to Buyer by
or on behalf of Seller.
6. Closing. The closing of the purchase and sale contemplated by this Agreement
(the "Closing") shall occur on that date which is ten (10) business days after the earlier of the
satisfaction of the last of the contingencies set forth in Section 4. A. of this Agreement or the
date when Buyer shall give notice to Seller that the contingencies which are to have been
satisfied prior to the Closing have been waived or satisfied (the "Closing Date"). The Closing
shall take place at 10:00 a.m. local time at the offices of the Title Company, or at such other
place as may be agreed to. Seller agrees to deliver possession of the Real Property to Buyer on
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the Closing Date.
7. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or
deliver to Buyer the following (collectively, "Seller's Closing Documents"):
7.1 Deed. A Warranty Deed, in recordable form reasonably satisfactory to
Buyer, conveying the Real Property to Buyer, free and clear of all
encumbrances, except the Encumbrances set forth on Exhibit C hereto and
the Permitted Encumbrances.
7.2 Title Policy. The Policy described in Section 10 of this Agreement, or a
suitably marked up Title Commitment for the Policy initialed by Title
Company, in the form required by this Agreement.
7.3 Bring-down Certificate. A certificate reaffirming as of the Closing Date
all of the Seller's Representations and Warranties contained in paragraph
12 of this Agreement.
7.4 Seller's Affidavit. An Affidavit of Seller indicating that on the Closing
Date (a) there are no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Real Property; (b) there has
been no skill, labor or material furnished to the Real Property for which
payment has not been made or for which mechanic's liens could be filed;
and (c) there are no other unrecorded interests in the Real Property,
together with whatever standard owner's affidavit and/or indemnity
(ALTA Form) which may be required by Title Company to issue the
Policy described in Section 10 of this Agreement.
7.5 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in
recordable form, containing such information as is required by IRC
Section 1445(b)(2) and its regulations.
7.6 IRS Reporting Form. The appropriate Federal Income Tax reporting
form, if any, as required.
7.7 Executive Order Affidavit. An affidavit properly executed and in
recordable form satisfying Buyer and Title Company that the Seller is not
a blocked person under Executive Order 13224.
7.8 Other Documents. All other documents reasonably determined by Buyer
to be necessary to transfer the Real Property to Buyer free and clear of all
encumbrances, except the Permitted Encumbrances.
7.9 Well Certificate. A well certificate, if required,by Minnesota Statutes.
8. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or
deliver to Seller the following (collectively, "Buyer's Closing Documents"):
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8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal
Funds or by certified check to be received in Title Company's trust
account or delivered to Seller on or before 10:00 a.m. local time on the
Closing Date.
8.2 Title Documents. Such Affidavits of Purchaser, Certificates of Value or
other documents as may be reasonably required by Title Company in order
to record the Seller's Closing Documents and issue the Policy.
8.3 Executive Order Affidavit. An affidavit properly executed and in
recordable form confirming the Buyer's representations in Section 13.2.
9. Prorations. Seller and Buyer agree to the following prorations and allocation of
costs regarding this Agreement:
9.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title
Evidence described in Section 10 of this Agreement and the fees charged
by Title Company for any escrow required regarding Buyer's Objections.
Buyer will pay the premium or cost of the Owner's Title Policy and all
additional premiums required for the issuance of any Mortgagee's Title
Insurance Policy required by Buyer. Seller and Buyer will each pay one-
half of any reasonable and customary closing fee or charge imposed by
any closing agent designated by Title Company.
9.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed
to be delivered by Seller under this Agreement.
9.3 Real Estate Taxes and Special Assessments. At Closing, the Purchase
Price shall be adjusted as follows:
9.3.1 Current Year's Taxes. Taxes payable in calendar year 2011 are
governed by Minnesota Statutes Section 272.02, subdivisions 8
and 38. All real property taxes which have become a lien on the
Real Property ("Taxes") and which are due and payable prior to
the year in which Closing occurs, shall be paid by Seller at or prior
to Closing. All Taxes which are due and payable in the year in
which Closing occurs, shall be prorated to the Closing Date and
Seller's portion shall be paid by Seller at Closing. This proration
shall result in Seller's payment of Taxes from January 1 to the date
immediately prior to the Closing Date and Buyer's payment of
Taxes from the Date of Closing to December 31. All Taxes
payable in the year following of Closing shall be paid by the
Buyer.
9.3.2 Assessments. All charges for improvements or services already
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made to or which benefit the Real Property, and all levied, pending
or deferred assessments (general or special) arising out of or in
connection with any assessment district created or confirmed prior
to the Closing Date ("Assessments") shall be paid in full by Seller
at Closing. All assessments (general or special) which are levied
after the Closing Date or which become pending after the Closing
Date shall be assumed and paid by Buyer.
9.4 Recording Costs. Seller will pay the cost of recording all documents
necessary to place record title in the condition warranted by Seller and
requested by Buyer in this Agreement. Buyer will pay the cost of
recording all other documents, including the cost of recording the final
plat.
9.5 Other Costs. All other operating costs of the Real Property will be
allocated between Seller and Buyer as of the Closing Date, so that Seller
pays that part of such other operating costs payable before the Closing
Date, and Buyer pays that part of such operating costs payable from and
after the Closing Date.
9.6 Attorney's Fees. Each of the parties will pay its own attorney's fees,
except that a party defaulting under this Agreement or any closing
document will pay the reasonable attorneys fees and costs incurred by the
non-defaulting party to enforce its rights regarding such default.
10. Title Examination. Title examination will be conducted as follows:
10.1 Seller's Title Evidence. Seller shall, no later than twenty (20) days after
the Effective Date furnish to Buyer, at Seller's cost and expense, the following: A
commitment ("Title Commitment") for the most current ALTA Form B Owner's
Policy of Title Insurance insuring title to the Real Property in the amount of the
Purchase Price, issued by Guaranty Title Company ("Title Company"). The Title
Commitment will commit Title Company to insure title to the Real Property
subject only to the Permitted Encumbrances. The Title Commitment shall include
providing for deletion of survey exception, mechanic's liens and possession
standard exceptions and to include special endorsements to zoning (ALTA form
3.1) and such other requirements as may be requested by Buyer's lender
10.2 Survey. Seller shall provide to Buyer with a Survey as set forth in Section
4.10.
10.3 Buyer's Objections. Within Twenty (20) business days after receiving the
later of the Title Commitment and the Survey, Buyer shall make written
objections ("Objections") to the form and/or contents of the Title
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Commitment and the Survey. Buyer's failure to make Objections within
such time period will constitute a waiver of Objections. Any matter
shown on the Title Commitment and/or Survey and not objected to by
Buyer shall be a "Permitted Encumbrance" pursuant to this Agreement.
Seller will have sixty (60) days after receipt of the Objections to cure the
Objections, during which period the Closing will be postponed as
necessary. Seller shall use its best efforts to correct any Objections. To
the extent an Objection can be satisfied by the payment of money, Buyer
shall have the right to apply a portion of the cash payable to Seller at the
Closing to satisfaction of such Objection and the amount so applied shall
reduce the amount of cash payable to Seller at the Closing provided, that
the amount due to the third-party claimant is an undisputed liquidated
amount for which Sellers's liability is undisputed. If the Objections are not
cured within such sixty (60) day period, Buyer will have the option to do
any of the following:
10.3.1 Termination. Terminate this Agreement and receive a refund of
the Earnest Money.
10.3.2 Escrow for Cure. If the parties agree to an escrow, Seller shall
escrow an amount sufficient to assure cure of the Objection(s). Any
amount so escrowed will be placed in an escrow with title pending
such cure. If such escrow is established, the parties agree to execute
and deliver such documents as may be reasonably required by Title,
and Buyer agrees to pay the charges of Title to create and administer
the escrow.
10.3.3 Waiver. Waive the Objections and proceed to close.
11. Operation Prior to Closing. During the period from the Effective Date to the
Closing Date (the "Executory Period"), Seller shall operate and maintain the Real Property in the
ordinary course of business in accordance with prudent, reasonable business standards, including
the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and
other hazards, casualties and contingencies, including vandalism and malicious mischief
However, Seller shall execute no contracts, leases or other agreements regarding the Real
Property during the Executory Period that are not terminable on or before the Closing Date,
without the written consent of Buyer, which consent may be withheld by Buyer in its sole
discretion.
12. Representations and Warranties by Seller. Seller represents and warrants to
Buyer as follows:
12.1 Authority. Seller has the requisite municipal power and authority to enter
into and perform this Agreement and those Seller's Closing Documents
signed by it. Such documents have been (or will have been) duly executed
and delivered. Such execution, delivery and performance by Seller of such
9
documents do not (and will not) conflict with or result, as applicable, in a
violation of any judgment, order, or decree of any court or arbiter to which
Seller is a party. Such documents are (and will be) valid and binding
obligations of Seller, and are enforceable in accordance with their terms.
12.2 Title to Real Property. Seller owns the Real Property, free and clear of all
encumbrances except the encumbrances identified on Exhibit C attached
hereto.
12.3 Rights of Others to Purchase Real Property. Seller has not entered into
any other contracts for the sale of the Real Property, nor are there any
rights of first refusal or options to purchase the Real Property or any other
rights of others that might prevent the consummation of this Agreement.
12.4 Seller's Defaults. Seller is not in default concerning any of its obligations
or liabilities regarding the Real Property.
12.5 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign
trust" or "foreign estate" as those terms are defined in Section 1445 of the
Internal Revenue Code.
12.6 Proceedings. There is no action, litigation, investigation, condemnation or
proceeding of any kind pending or threatened against Seller or any portion
of the Real Property.
12.7 Agents and Employees. No management agents or other personnel
employed in connection with the operation of the Real Property have the
right to continue such employment after the Closing Date. There are no
claims for brokerage commission or other payments with respect to the
existing Real Property, including leases which will survive and remain
unpaid after the Date of Closing.
12.8 Seller has not, sold, transferred, conveyed, or entered in any agreement
regarding "air rights", "excess floor area ratio" or other development
rights or restrictions relating to the Real Property.
12.9 To the best of Seller's knowledge, there are no underground storage tanks,
or abandoned wells upon the Real Property
Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its
successors and assigns, harmless from, any expenses or damages including reasonable
attorneys' fees, that Buyer incurs because of the breach of any of the above
representations and warranties, whether such breach is discovered before or after
Closing. Each of the representations and warranties herein contained shall survive the
Closing for a period of one year. Wherever herein a representation is made to the
10
"knowledge" of Seller, such representation is limited to the knowledge of David Lindahl.
Consummation of this Agreement by Buyer with knowledge of any breach of such
representations and warranties by Seller will constitute a waiver or release by Buyer of
any claims due to such breach.
13. As is Provision. Subject to Section 10 and except for representations, covenants
and warranties expressly made by Seller in this Agreement and the closing documents,
Buyer agrees that it is taking title to the Real Property "AS IS", "WHERE IS", and
without any covenant (including environmental conditions), fitness for purpose or any
other matter. With respect to all environmental matters the Buyer shall rely solely on its
own investigation of the Real Property
14. Representations and Warranties by Buyer. Buyer represents and warrants to
Seller as follows:
14.1 Authority. Buyer is a limited liability company duly organized under the
laws of the State of Minnesota; that Buyer is duly qualified to transact
business in the State of Minnesota; that Buyer has the requisite corporate
power and authority to enter into this Agreement and the Buyer's Closing
Documents signed by it; such documents have been duly authorized by all
necessary corporate action on the part of Buyer and have been duly
executed and delivered; that the execution, delivery and performance by
Buyer of such documents do not conflict with or result in violation of state
law or any judgment, order or decree of any court or arbiter to which
Buyer is a party; such documents are valid and binding obligations of
Buyer, and are enforceable in accordance with their terms.
14.2 Anti-Terrorism, Executive Order 13224 and Public Law 107-56. The
Buyer is not in violation of any laws relating to terrorism or money
laundering ("Anti-Terrorism Laws"), including Executive Order No.
13224 on Terrorist Financing, effective September 24, 2001 (the
"Executive Order"), and the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act of 2001, Public Law 107-56.
The Buyer or, to the knowledge of the Buyer, none of its agents acting or
benefiting in any capacity in connection with the transaction, is any of the
following:
14.2.1 Person or entity that is listed in the annex to, or is otherwise
subject to the provisions of, the Executive Order;
14.2.2 Person or entity owned or controlled by, or acting for or on behalf
of, any Person or entity that is listed in the annex to, or is
otherwise subject to the provisions of, the Executive Order;
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14.2.3 Person or entity with which Seller is prohibited from dealing or
otherwise engaging in any transaction by any Anti-Terrorism Law;
14.2.4 Person or entity that commits, threatens or conspires to commit or
supports "terrorism" as defined in the Executive Order; or
14.2.5 Person or entity that is named as a "specially designated national
and blocked person" on the most current list published by the U.S.
Treasury Department Office of Foreign Asset Control at its official
website or any replacement website or other replacement official
publication of such list.
The Buyer or, to the knowledge of Buyer, any of its agents acting in any
capacity in connection with the transaction does not (i) conduct any
business or engage in making or receiving any contribution of funds,
goods or services to or for the benefit of any Person described above, (ii)
deal in, or otherwise engage in any transaction relating to, any property or
interests in property blocked pursuant to the Executive Order, or (iii)
engages in or conspires to engage in any transaction that evades or avoids,
or has the purpose of evading or avoiding, or attempts to violate, any of
the prohibitions set forth in any Anti-Terrorism Law.
Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its
successors and assigns, harmless from, any expenses or damages, including reasonable
attorneys' fees, that Seller incurs because of the breach of any of the above representations and
warranties, whether such breach is discovered before or after closing. Each of the
representations and warranties herein contained shall survive the Closing for a period of one
year. Consummation of this Agreement by Seller with knowledge of any breach of such
warranties and representations by Buyer will constitute a waiver or release by Seller of any
claims due to such breach.
15. Seller's Design Requirements. All exterior design of structures and buildings on
the Real Property shall be subject to the prior written approval of the Seller (as a party to this
Agreement and not as the municipality) before the Date of Closing. Compliance by Buyer with
the City Code alone shall not be deemed to be in compliance with the terms of this Paragraph 15.
Specifically, architectural exterior design of all buildings, building materials and colors,
sidewalk placement, fences, walls or other structures, signage, lighting, bollards and landscaping
shall be subject to review and approval by the Seller (the "Design Review"). Buyer shall
initially develop the Real Property in accordance with the approved Design Review. Buyer and
Seller shall also, prior to forty-five (45) days after the Effective Date agree on a form of
restrictive covenant to be recorded at Closing containing design requirements applicable to the
Real Property. The restrictive covenant shall provide that the restrictive covenant shall terminate
and be of no further force and effect upon the sale by the Seller and its governmental third party
successors and assigns of the Lot 2, Block 1, Dell Station to a non-governmental third party.
16. Condemnation. If, prior to the Closing Date, eminent domain proceedings are
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commenced against all or any part of the Real Property by any entity, Seller shall immediately
give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days
after the date of Seller's notice), this Agreement shall terminate, in which event neither party
will have further obligations under this Agreement, except for the rights and obligations of
indemnification set forth in Sections 5, 17 and 18, and the Earnest Money, together with any
accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then there
shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date
all of Seller's right, title and interest in and to any award made or to be made in the
condemnation proceedings. Prior to the Closing Date, if the Agreement has not been terminated
pursuant to the first sentence of this Section, Seller shall not designate counsel, appear in, or
otherwise act with respect to such condemnation proceedings without Buyer's prior written
consent.
17. Broker's Commission. Seller and Buyer represent and warrant to each other that
they have dealt with no brokers, finders or the like in connection with this transaction. The parties
agree to indemnify each other and to hold each other harmless against all claims, damages, costs or
expenses of or for any other such fees or commissions resulting from their actions or agreements
regarding the execution or performance of this Agreement, and will pay all costs of defending any
action or lawsuit brought to recover any such fees or commissions incurred by the other party,
including reasonable attorneys' fees.
18. Mutual Indemnification. Seller and Buyer agree to indemnify each other against,
and hold each other harmless from, all liabilities (including reasonable attorney's fees in
defending against claims) arising out of the ownership, operation or maintenance of the Real
Property for their respective periods of ownership. Such rights of indemnification will not arise
to the extent that (a) the party seeking indemnification actually receives insurance proceeds or
other cash payments directly attributable to the liability in question, (net of the cost of collection,
including reasonable attorney's fees) or (b) the claim for indemnification arises out of the act or
neglect of the party seeking indemnification. If and to the extent that the indemnified party has
insurance coverage, or the right to make claim against any third party for any amount to be
indemnified against as set forth above, the indemnified party will, upon full performance by the
indemnifying party of its indemnification obligations, assign such rights to the indemnifying
party or, if such rights are not assignable, the indemnified party will diligently pursue such rights
by appropriate legal action or proceeding and assign the recovery and/or right of recovery to the
indemnifying party to the extent of the indemnification payment made by such party.
19. Assignment. Buyer may not assign its rights under this Agreement, without the
prior written consent of the Seller which consent may be withheld in Seller's sole discretion,
provided Buyer may assign this Agreement, without Seller's consent, to a wholly owned
subsidiary incorporated or organized, and qualified to conduct business in Minnesota, to a lender
to facilitate financing of the acquisition of the Real Property, or to a corporation, partnership or
limited liability company qualified to conduct business in Minnesota if the majority of the
shareholders, partners or members of said entity are members of the Buyer. Notwithstanding the
foregoing, Buyer shall have the right, without Seller's consent to assign its rights in this
Agreement to an entity which is the parent entity, subsidiary or affiliated entity of Buyer or
which controls, is controlled by or is under common control with Buyer (where "control" means
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the direct or indirect power to direct the management and policies of such entity), and to any
entity which results from the reconstruction, consolidation, amalgamation or merger of or
affiliations with Buyer.
20. Survival. Except as stated in Section 14, all of the terms of this Agreement will
survive and be enforceable for a period of one year after the Closing.
21. Notices. Any notice required or permitted to be given by any party upon the other
is given in accordance with this Agreement if it is directed to Seller by delivering it personally to
an officer of Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer,
or if mailed in a sealed wrapper by United States registered or certified mail, return receipt
requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable
overnight courier, properly addressed as follows:
If to Seller: Eden Prairie City Offices
Attention: David Lindahl
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Facsimile: 612-949-8392
With a copy to: Richard F. Rosow
Gregerson, Rosow, Johnson&Nilan, Ltd.
1600 Park Building
650 Third Avenue South
Minneapolis, MN 55402-4337
Facsimile: 612-349-6718
If to Buyer:
Attention: Eugene Pederson and Alicia Hopkins
14831 Energy Way
Apple Valley, MN 55124
With a copy to:
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as
aforesaid, provided, however, that if notice is given by deposit, that the time for response to any
notice by the other party shall commence to run one business day after any such deposit. Any
party may change its address for the service of notice by giving written notice of such change to
the other party, in any manner above specified, 10 days prior to the effective date of such
change.
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21. Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
22. Entire Agreement; Modification. This written Agreement constitutes the
complete agreement between the parties and supersedes any prior oral or written agreements
between the parties regarding the Real Property. There are no verbal agreements that change this
Agreement and no waiver of any of its terms will be effective unless in writing executed by the
parties.
23. Binding Effect. This Agreement binds and benefits the parties and their
successors and assigns.
24. Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its interpretation.
25. Remedies. If either Party defaults under this Agreement, the non-defaulting Party
shall have the right to terminate this Agreement by giving written notice to the defaulting Party. If
Buyer fails to cure such default within five (5) business days of the date of such notice from
Bloomberg, Seller may cancel this Agreement pursuant to Minn. Stat. § 559.21. If Seller fails to
cure such default within five (5) business days of the date of such notice from Buyer, Buyer may
immediately terminate this Agreement by delivering to Seller at the address noted in Section 21 a
Notice of Termination executed by an authorized representative(s) of Buyer at which time all
Earnest Money and interest thereon, if any, shall be immediately returned to Buyer. The
foregoing is the exclusive remedy for either Party. All other remedies, including damages for
breach, equitable remedies, specific performance, and all other remedies at law or equity are
waived and relinquished by each of the Parties.
SIGNATURES ON SUCCEEDING PAGE
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IN AGREEMENT, Seller and Buyer have executed this Agreement as of the date first
written above.
SELLER:
CITY OF EDEN PRAIRIE
By Date Signed:
Nancy Tyra-Lukens
Its Mayor
By Date Signed:
Rick Getschow
Its City Manager
BUYER:
Blue Hill Solutions, LLC
By Date Signed:
Its
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EXHIBIT A - Childcare Facility Drawing
EXHIBIT B - Escrow Agreement
EXHIBIT C' Encumbrances (Section 12.2)
EXHIBIT D - Due Diligence Documents
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EXHIBIT B
ESCROW AGREEMENT
The undersigned Guaranty Title Company ("Title Company"), acknowledges receipt of
$22,500(the "Earnest Money") to be held by it pursuant to the Purchase Agreement to which this
Escrow Agreement is attached. Title Company will hold the Earnest Money (hereinafter the
"Earnest Money") in accordance with the terms of the Purchase Agreement and disburse the
same strictly in accordance with such terms. Title Company will invest the Earnest Money in
such interest-bearing accounts, instruments, corporate paper, or money market funds as approved
by both Buyer and Seller, Interest will accrue for the benefit of Buyer, unless the Purchase
Agreement is terminated by reason of the default of Buyer, in which case the interest will be paid
to Seller. Prior to the waiver or satisfaction of its contingencies, Buyer may direct the Title
Company to return the Earnest Money to it if Buyer is entitled to terminate and elects to
terminate the Purchase Agreement unless the Seller has terminated this Agreement under
Paragraph 4.C. hereof.
Title Company is not responsible for any decision concerning performance or
effectiveness of the Purchase Agreement or for resolution of any disputes concerning the
Purchase Agreement. Title Company is responsible only to act in accordance with the joint and
mutual direction of both Seller and Buyer, or in lieu thereof, the direction of a court of
competent jurisdiction except as to Buyer's right to direct the return of the Earnest Money in
accordance with the Purchase Agreement. Seller and Buyer will hold Title Company harmless
from all claims for damages arising out of this Escrow Agreement and do hereby agree to
indemnify Title Company for all costs and expenses in connection with this escrow, including
court costs and attorneys' fees, except for Title Company's failure to account for the funds held
hereunder, or acting in conflict with the terms hereof.
The fees and charges of the Title Company will be paid by Seller. This Escrow
Agreement is dated this day of , 2011.
Guaranty Title Company
By
Its
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EXHIBIT C
ENCUMBRANCES
1. Easements shown on the plat of Dell Station.
2. Federal, state and municipal laws, ordinances, rules and regulations.
3. Utility and drainage easement(s), if any, as shown on the recorded plat.
4. Easement for sanitary sewer purposes in favor of the Metropolitan Waste Control
Commission as contained in Document No. 5488547.
5. Encroachment of Linwood Court and Dell Road onto the property in question.
6. Underground electric and cable television lines which cross the property in question
without the benefit of easements.
7. The lien of real estate taxes and pending special assessment not yet due and payable
subject to the proration and allocation provisions hereof.
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EXHIBIT D
DUE DILIGENCE DOCUMENTS
a. A copy of any survey of the Real Property in Seller's possession.
b. A copy of any study of the Real Property in Seller's possession.
c. A copy of any engineering plans or engineering reports in Seller's possession relating
to the Real Property.
P:\home\1610.575-E.P.Dell Road NHA,LLC-Purchase Agreement\Documents\Drafts\2011 11 01 PA Agreement.doc
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