HomeMy WebLinkAboutCity Council - 01/17/2012
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 17, 2012 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. SOUTHWEST TRANSIT
II. FRANCHISE FEES
Open Podium - Council Chamber (6:30 p.m.)
III. GARY JOHNSON – DOMESTIC PARTNERSHIP REGISTRY
IV. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 17, 2012 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. PROP UPDATE
B. DR. MARTIN LUTHER KING, JR., PROCLAMATION
C. MEET & GREET PROGRAM UPDATE
D. FLAG DONATION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2011
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2011
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY
CODE 5.36 RELATING TO RECYCLING AND ADOPT RESOLUTION
APPROVING SUMMARY PUBLICATION
C. APPROVE EXECUTION OF 2012 GENERAL FUND CONTRACTS
BETWEEN THE CITY OF EDEN PRAIRIE AND DESIGNATED RECIPIENTS
CITY COUNCIL AGENDA
January 17, 2012
Page 2
D. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2011-106
SETTING COMMERCIAL SAC AND WAC FEES AT THE SAME RATE
AS INDUSTRIAL/PUBLIC/ OFFICE
E. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
$5,230,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS,
SERIES 2012A AND ADOPT RESOLUTION AUTHORIZING ISSUANCE
AND SALE OF $3,240,000 GENERAL OBLIGATION CAPITAL
IMPROVEMENT PLAN CROSSOVER REFUNDING BONDS, SERIES 2012B
F. ADOPT FUND BALANCE POLICY
G. ADOPT RESOLUTION ACCEPTING 2011 DONATIONS
H. ADOPT RESOLUTION APPROVING EXTENSION OF CONDITIONAL USE
LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR PROVISION OF
ELECTRONIC DATA FOR MAPPING
I. APPROVE CHANGE ORDER FOR NEILL LAKE BERM RESTORATION
PROJECT
J. APPROVE 2ND READING OF THE ORDINANCE AMENDING CITY CODE
SECTION 2.86 RELATING TO SURPLUS AND FOUND PROPERTY AND
ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
IX. PUBLIC HEARINGS / MEETINGS
A. NOTTING HILL by SK Partners, LLC. Request for: Planned Unit Development
Concept Review on 8.35 acres, Planned Unit Development District Review with
waivers on 8.35 acres, Zoning District Change from Rural to R1-13.5 on 8.35 acres
and Preliminary Plat of 8.35 acres into 20 lots and road right of way. Location:
15640 Pioneer Trail. (Resolution for PUD Concept Review; Ordinance for PUD
District Review with waivers and Zoning District Change; Resolution for
Preliminary Plat)
B. DUCK LAKE VISTA 2ND ADDITION by April Alm. Request for: Planned Unit
Development Concept Review on 1.15 acres, Planned Unit Development District
Review with waivers on 1.15 acres, Zoning District Amendment within the R1-13.5
Zoning District on 1.15 acres and Preliminary Plat of 1.15 acres into two lots. Location:
7000 Eden Prairie Road. (Resolution for PUD Concept Review; Ordinance for PUD
District Review with waivers and Zoning District Amendment; Resolution for
Preliminary Plat)
X. PAYMENT OF CLAIMS
CITY COUNCIL AGENDA
January 17, 2012
Page 3
XI. ORDINANCES AND RESOLUTIONS
A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER
5 RELATING TO ADOPTION OF A DOMESTIC PARTNERSHIP
REGISTRY AND RESOLUTION APPROVING SUMMARY PUBLICATION
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Homeowner’s Association Improvement Grant (HAIG) Program
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: January 12, 2012
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, January 17, 2012
___________________________________________________________________________________________
TUESDAY, JANUARY 17, 2012 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 addre ss the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the first
and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you
wish to speak at Open Podium, please contact the City Manager’s office at 952.949.8412 by
noon of the meeting date with your name, phone number and subject matter. If time permits
after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers.
Open Podium is not recorded or televised. If you have questions about Open Podium, please
contact the City Manager’s Office.
IV. PROCLAMATIONS / PRESENTATIONS
A. PROP UPDATE
Anne Harnack, PROP Executive Director, will provide an update.
B. DR. MARTIN LUTHER KING, JR., PROCLAMATION
The Mayor will read the proclamation.
A member of the Human Rights & Diversity Commission will also
announce the opening of the application process for the Human
Rights Awards.
C. MEET & GREET PROGRAM UPDATE
Economic Development Manager David Lindahl will give an update on
the City’s Meet & Greet Program.
ANNOTATED AGENDA
January 17, 2012
Page 2
D. FLAG DONATION
The City recently received an American Flag from Lt. Col. Sarah
Cleveland. The flag has been flown on the flag pole at the Special
Operations Compound in Bagram, Afghanistan. Lt. Col. Cleveland
expressed that she would be honored if this flag could be flown at the
Veterans Memorial.
Staff has been in contact with members of the group organizing the
Memorial Day celebration at the Veterans Memorial. They would like to
raise this flag and make mention of the donation at the 2012 Memorial
Day celebration.
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, DECEMBER 6, 2011
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 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
B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE
5.36 RELATING TO RECYCLING AND ADOPT RESOLUTION
APPROVING SUMMARY PUBLICATION
C. APPROVE EXECUTION OF 2012 GE NERAL FUND CONTRACTS BETWEEN
THE CITY OF EDEN PRAIRIE AND DESIGNATED RECIPIENTS
D. ADOPT RESOLUTION AMENDING RESOLUTION NO. 2011-106 SETTING
COMMERCIAL SAC AND WAC FEES AT THE SAME RATE AS
INDUSTRIAL/PUBLIC/ OFFICE
ANNOTATED AGENDA
January 17, 2012
Page 3
E. ADOPT RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $5,230,000
GENERAL OBLIGATION CROSSOVER REFUNDING BONDS, SERIES 2012A
AND ADOPT RESOLUTION AUTHORIZ ING ISSUANCE AND SALE OF
$3,240,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN
CROSSOVER REFUNDING BONDS, SERIES 2012B
F. ADOPT FUND BALANCE POLICY
G. ADOPT RESOLUTION ACCEPTING 2011 DONATIONS
H. APPROVE EXTENSION OF CONDI TIONAL USE LICENSE AGREEMENT
WITH HENNEPIN COUNTY FOR PROVISION OF ELECTRONIC DATA FOR
MAPPING
I. APPROVE CHANGE ORDER FOR NEILL LAKE BERM RESTORATION
PROJECT
J. APPROVE 2ND READING OF THE ORDINANCE AMENDING CITY CODE
SECTION 2.86 RELATING TO SURP LUS AND FOUND PROPERTY AND
ADOPT RESOLUTION APPROVING SUMMARY PUBLICATION
IX. PUBLIC HEARINGS / MEETINGS
A. NOTTING HILL by SK Partners, LLC. Request for: Planned Unit Development
Concept Review on 8.35 acres, Planned Unit Development District Review with
waivers on 8.35 acres, Zoning District Ch ange from Rural to R1-13.5 on 8.35 acres
and Preliminary Plat of 8.35 acres into 20 lo ts and road right of way. Location: 15640
Pioneer Trail. (Resolution for PUD Concept Review; Ordinance for PUD District
Review with waivers and Zoning Distri ct Change; Resolution for Preliminary
Plat)
Official notice of this public hearing was published in the January 5, 2012, Eden
Prairie News and sent to 82 property owners.
Synopsis: This is a 20 lot single family s ubdivision with waivers for lot size,
dimension, and setbacks. The 13 waivers for se tback, lot size, and lot dimension are the
result of a need for additional right of way for a future improvement to Mitchell Road,
the cul de sac on Corral, and the cul de sac for Notting Hill. The 120-Day Review
Period Expires on February 17, 2012.
The Planning Commission first reviewed this project at November 14, 2011 meeting
and voted to continue the proj ect to look at alternative road options. At the December
12, 2011 meeting the Commission voted 7-0 to r ecommend approval of a plan with no
road connection to Corral Lane.
ANNOTATED AGENDA
January 17, 2012
Page 4
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review on
9.87 acres; and
Approve 1st Reading of the Ordinance for Planned Unit Development
District Review with waivers, and Zoning District Change from Rural to
R1‐13.5 on 9.87 acres; and
Adopt the Resolution for Preliminary Plat on 9.87 acres into 20 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
B. DUCK LAKE VISTA 2ND ADDITION by April Alm. Request for: Planned Unit
Development Concept Review on 1.15 acres, Pl anned Unit Development District Review
with waivers on 1.15 acres, Zoning District Am endment within the R1-13.5 Zoning District
on 1.15 acres and Preliminary Plat of 1.15 acres into two lots. Location: 7000 Eden Prairie
Road. (Resolution for PUD Concept Review; Ordi nance for PUD District Review with
waivers and Zoning District Amendmen t; Resolution for Preliminary Plat)
Official notice of this public hearing was published in the January 5, 2012, Eden
Prairie News and sent to 35 property owners.
Synopsis: This is for a subdivision of one lot into two lots. The existing house will
remain. The plan meets the setback require ments in the R1-13.5 zoning district. The
plan requires a waiver for the shared driv eway. The shared driveway is required since
Hennepin County does not want another dr iveway access on Eden Prairie Road for
safety reasons. The 120-Day Review Period Expires on March 3, 2012. The
Planning Commission voted 7-0 to recomm end approval of the project at the
December 12, 2011 meeting.
MOTION: Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit Development Concept Review
on 1.15 acres; and
Approve 1st Reading of the Ordinance for Planned Unit Development
District Review, and Zoning District Amendment within the R1‐13.5
Zoning District on 1.15 acres; and
Adopt the Resolution for Preliminary Plat on 1.15 acres into 2 lots;
and
Direct Staff to prepare a Development Agreement incorporating Staff
and Commission recommendations and Council conditions.
X. PAYMENT OF CLAIMS
ANNOTATED AGENDA
January 17, 2012
Page 5
XI. ORDINANCES AND RESOLUTIONS
A. SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 5
RELATING TO ADOPTION OF A DOMESTIC PARTNERSHIP REGISTRY
AND RESOLUTION APPROVING SUMMARY PUBLICATION
Synopsis: The first reading of the proposed ordinance was approved at the January 3,
2012, City Council meeting.
MOTION: Move to approve Second Reading of an Ordinance amending
City Code Chapter 5 relating to adoption of a Domestic Partnership
Registry and adopt Resolution approving Summary publication.
XII. PETITIONS, REQUES TS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Homeowner’s Association Impr ovement Grant (HAIG) Program
Synopsis: The City of Eden Prairie Home owner’s Association Improvement
Grant Program (hereinafter the “HAIG Program”) offers matching grants in an
amount up to $50,000 to homeowner’s associations in Eden Prairie, whose
individual residential owners meet certain income requirements. The grants
are available for the purpose of making major repairs as described below.
Goals
The goals for the HAIG Program include:
Provide funds for housing improvements for those with low to moderate
income that might not otherwise be able to afford the rehabilitation.
Make homes more energy-efficient.
Address accessibility issues.
The HAIG Program will be administered by city staff and will follow existing
Federal, State, and Local guidelines that are used in other housing programs
offered by the city. The maximum grant amount is $50,000. All costs
associated with the program and administration of the program will be paid by
the city directly to the contractors performing the work upon successful
completion of the project.
ANNOTATED AGENDA
January 17, 2012
Page 6
Funding Source
Funding for the HAIG program will come from the remaining funds from the
decertification of TIF District 10, totaling approximately $160,000. TIF
guidelines dictate that the funds must be used for a housing program, and a
plan for the use of funds must be in place by the end of 2012, or the funds will
be returned to Hennepin County.
MOTION: Move to approve the Homeowner’s Association
Improvement Grant Program which provides matching funds to
homeowner’s associations for eligible structural improvements.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the City of Eden Prairie’s City Council and Human Rights
& Diversity Commission sponsors the Human Rights Award program,
recognizing those who work to create an inclusive community spirit
through their actions, activities, and programs; and
WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther
King, Jr., had a dream and dedicated his life to helping freedom exist
for all people through his commitment to human rights and his non-
violent philosophy; and
WHEREAS, the City of Eden Prairie reaffirms its commitment to
fostering diversity in our community through the Eden Prairie
Manifesto.
NOW, THEREFORE, be it resolved, that the City of Eden Prairie
hereby proclaims 2012 as a year to celebrate human rights and
diversity, and asks all residents to continue their commitment and
concern for equal rights for all persons, to dedicate themselves to
helping those who do not yet share in that freedom, and to join the City
of Eden Prairie in recognizing and celebrating Dr. Martin Luther King,
Jr.’s dream.
Nancy Tyra-Lukens, Mayor
City of Eden Prairie
ITEM NO.: IV.B.
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE: January 17, 2012
DEPARTMENT/DIVISION:
Community/Economic
Development
Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Annual Update - Meet & Greet Business
Retention Program
ITEM NO.: IV.C.
Requested Action
No action is requested.
Synopsis
This program began in the fall of 2002 as an e ffort to help strengthen ties with the business
community as well as to obtain feedback about City services. The Economic Development Manager
coordinates and participates in meetings between the Mayor, City Manager, Councilmembers, and
owners, CEOs, and managers of Eden Prairie busin esses. Twenty-one meetings were completed in
2011 representing about 1,600 employees. That brings the grand total of meetings to 257 since
2002.
Most of the business leaders we meet with genuinely appreciate the City reaching out to them and
the feedback we receive is generally very positive and mostly complimentary of City services and
the overall quality of life in Eden Prairie. We also typically receive questi ons about various things
happening in the community like road
projects and new developments or
redevelopments.
Occasionally we get negative feedback
and hear periodically that it can be
challenging navigating the City’s road
network – especially for people visiting
for the first time.
If we receive a complaint or concern,
we follow-up immediately by
communicating the issue to the
appropriate City department head, staff
or outside agency.
The meetings confirm that the Eden
Prairie’s “brand” remains strong a nd our great quality of life con tinues to makes it an attractive
location for business. Many business leaders cite qua lity of life as a primary motive for initially
locating in Eden Prairie, and more importantly, for staying in Eden Prairie.
Below is a list of the businesses we visited in 2011:
Company Principal Title Primary Activity
1. Bose Ed Mariorty General Manager Electromagnetic Technologies
2. Walmart Gus Anchondo Store Manager Retail
3. VISI Mike Sowada CEO & President Data Center
4. Trend Curve Michelle Lamb Owner Color Trend Publication
5. Prairie Ale House Mike Wingert Owner Restaurant
6. Percoa Brett Pomerleau Owner Precast Pervious Concrete
7. Dell-Compellent Phil Soran CEO Computer Storage
8. Cardinal Stritch Dr. Bruce Loppnow Associate Dean Education
9. Accosta Pat Tschumper Senior Vice President Retail Sales & Marketing
10. Savillex Terry Nagel Presid ent Fluoropolymer Manufacturer
11. Fafinski Johnson Bob Fafinski Partner Law Firm
12. ITT Institute Richard Aman Dean Technical Education
13. Back Street Kitchen Tony Sisinni Owner Restaurant
14. Courtney Trucking Mike Courtney Owner Truck Repair
15. HTC Cecilia Cervantes President Technical Education
16. Bobby & Steve’s Bobby Williams Owner Gas & Auto Repair
17. General Growth Nancy Litwin General Manager Regional Mall-Retail
18. ABRA Autobody Steve King Branch Manager Autobody Repair
19. Nine Mile Communications Rob Cabitto Owner Network Consultant
20. Republic Waste Services Brian Zimmerman Di strict Manager Waste Disposal-Recycling
21. Atmospheric Recovery Ron Rich President Mfg. Gas Analyzer
CITY COUNCIL AGENDA
SECTION: Proclamations & Presentations
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Jay Lotthammer, Director,
Parks and Recreation
ITEM DESCRIPTION:
Flag Donation
ITEM NO.: IV.D.
Synopsis
The City recently received an American Flag from Lt. Col. Sarah Cleveland. The flag has been
flown on the flag pole at the Special Oper ations Compound in Bagram, Afghanistan.
Lt. Col. Cleveland expressed that she would be honored if this flag could be flown at the
Veterans Memorial.
Staff has been in contact with members of the group organizing the Memorial Day celebration at
the Veterans Memorial. They would like to raise this flag and make mention of the donation at
the 2012 Memorial Day celebration.
Attachments
Note from Lt. Col. Sarah Cleveland
Certification of Flag
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This certifies that the accoTnpanying 'United States flag was flown over the
Com6inect Joint SpeciatOpeiltions 'TaskEorce — Afghanistan TaiThn Comrade
Memorial, Camp Vance compound, Bagram Aiielcl; Afghanistan during
Operation E,.YDVRI.Arc EREED011
In fib or Of
The City of Eden Prairie, Minnesota
11 Septem6er 2011 ANN
411110
The (United States flag flown overAfghanisTan symbolizes
the resilience and &raver)) of the Vnited States 'Forces
to continue to ,execute the global War on Terrorism
and bring freedom to oppressed" nations.
R. PATRICK MEFFERT
CSM, USA
CJSOTF-A, CSM "We shaff neverforget andwe shaft - avenge thee"
41
MARK C. SCHWARTZ
COL, SF
CJSOTF-A, Commanding
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JANUARY 3, 2012 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.)
Council Member Nelson was absent.
I. 2012 SCHEDULE AND APPOINTMENTS
Mayor Tyra-Lukens called the meeting to order. City Manager Rick Getschow handed
out the proposed schedule of City Council meetings and workshops, as well as a list of
2012 appointments the Council will make at their regular meeting later in the evening.
The schedule includes several special meetings, including town hall meetings with
targeted audiences – seniors, the busine ss community and the immigrant community.
Getschow asked the City Council for input on the proposed schedule.
Mayor Tyra-Lukens noted that the proposed date for the town hall meeting with the
immigrant community (August 16) falls during Ramadan. The City Council agreed to
move the meeting to Thursday, August 23. Council Member Aho pointed out that the
proposed date for commission interviews (February 23) is th e same night the Southwest
Transit Board meets. Commissi on interviews were rescheduled to Tuesday, February 28.
There was general agreement on the schedule of regular council meetings.
Council Member Case said the Comcast cable franchise agreement, which is current in
negotiation, will probably have to be addressed at either a workshop or Council meeting
in the next few months. Case also sugge sted moving the proposed workshop with the
School Board up to the first quarter of this y ear, since there is a new Board and they have
expressed interest in meeting with the City Council. Mayor Tyra-Lukens asked whether
or not the status of the C.H. Robinson lease at City Center merits a workshop this year.
Council Member Butcher Wickstrom expressed in terest in passing her appointment to the
Southwest Transit Board to another Council Member. City Attorney Rosow noted that
the Southwest Transit Board appointment that is up for renewal is for the citizen
ITEM NO.: VI.A.
City Council Workshop Minutes
January 3, 2012
Page 2
representative, which is currently held by Mayor Tyra-Lukens. Council Member Butcher
Wickstrom holds the elected official seat. It was agreed that Mayor Tyra-Lukens will
serve out Council Member Butcher Wickstrom’s term in the elected official spot and
Council Member Aho will be appointed to the citizen representative spot.
GENERAL DISCUSSION
Mayor Tyra-Lukens said City Manager Rick Getschow’s one-year a nniversary with the
City is coming up in March. She said she w ould like his first performance review to be
handled by an outside consultant. She sugge sted that staff contact Harry Brull, who
coordinated the previous city manager’s re views, to see if he is interested.
Mayor Tyra-Lukens would also like the City Council to discuss Council salaries
sometime early this year. It has been ei ght years since the Council has had a raise,
although the $35 per diem meeting pay was elim inated in 2010. She asked that staff
collect information about compensation from comparable communities. Council Member
Butcher Wickstrom also asked for clarification on reimbursement for internet. Getschow
said that policy will have to be formalized by ordinance.
Mayor Tyra-Lukens asked about the status of the inflow and infiltration inspection
program. Public Works Director Ellis said most home inspections have been completed,
with the exception of about 30 stragglers. Remediation measures are currently about 50
percent complete.
Open Podium - Council Chamber (6:30 p.m.)
II. BASIL WISSNER
Wissner presented two suggestions to the City Council. First, he said the City Council
can save money by holding only one meeting per month. He also suggested holding
workshops immediately before the regular Council meeting, and moving them into the
Council Chambers. Wissner also said it is tim e for the City Council to seriously consider
imposing special service fees on non-profits. He said many non-profits bring in a lot of
funds and can afford to contribute toward funding City services.
II. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JANUARY 3, 2012 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
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were
present.
II. COLOR GUARD / PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. PROPOSED MODIFICATION TO THE EDEN PRAIRIE MANIFESTO
Pam Spera, Chair of the Human Righ ts & Diversity Commission, said the
Commission is proposing a change to the language of the Eden Prairie Manifesto to
include the phrase "absence of religi on". The Commission believes that would
make the document more inclusive. She sa id the Commission discussed this at a
Council workshop and then decided on the phrase to be added to the Manifesto.
Nelson recognized a lot of work was put into this by the Commission but she was
not sure it really clarifies things. She thought the phrase, "regardless of religious
affiliation," covers everyone, and that phras e is in the original language. She said
everyone has some sort of philosophy of life or is part of an organized religion. She
thought the language we have is clear and she did not support the change.
Aho said he agreed with Council Member Nelson. The phrase "absence of religion"
doesn't benefit anything. He does not support the change.
Case said the original language does not seem confusing to him. He thought if we
adopt the change we might have to modify other phrases in the document to include
such things as the absence of ethnic heritage. Changing the Manifesto in this way
might break it apart so much it loses meaning. He would prefer to leave it as it is.
Tyra-Lukens said she feels much the same way. She did not think the proposed
phrase would change anything about the way we function as an organization in
ITEM NO.: VI.B.
CITY COUNCIL MINUTES
January 3, 2012
Page 2
dealing with our employees or with the public. She believes the beauty of
something like the Manifesto is to keep it simple. She did not think this change
adds any meaning.
Butcher Wickstrom said the Council and the Commission had a long discussion
about this at the workshop. What really mattered to her was that the Commission
spent so much time considering this. As an advisory commission they brought
forward something for us to look at, and that was meaningful. She said she is
comfortable with leaving it the way it is written, but she also did not find it
offensive to make the modification.
There was no motion. Tyra-Lukens said the proposed modification dies for lack of
a motion. She said, while she realized th e Commission spent a lot of time on this,
there also did not appear to be a unanimous sense of direction from the
Commission at the workshop in September.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Getschow added Item XIV.B.1.
MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion
carried 5-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, DECEMBER 6, 2011
MOTION: Case moved, seconded by Nelson, to approve the minutes of the Council
workshop held Tuesday, December 6, 2011 as published. Motion carried 5-0.
B. CITY COUNCIL MEETING HELD TUESDAY, DECEMBER 6, 2011
MOTION: Aho moved, seconded by Case, to approve the minutes of the Council
meeting held Tuesday, December 6, 2011 as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
Lotthammer said they have not yet executed the deed transfer documents for the last item
of the in-kind donations in Item J. Item J should be approved with the exception of the
last item on the list.
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION NO. 2012-01 AUTHORIZING CITY OFFICIALS TO
TRANSACT BANKING BUSINESS
CITY COUNCIL MINUTES
January 3, 2012
Page 3
C. ADOPT RESOLUTION NO. 2012-02 DESIGNATING DEPOSITORIES
D. ADOPT RESOLUTION NO. 2012-03 AUTHORIZING USE OF FACSIMILE
SIGNATURES BY PUBLIC OFFICIALS
E. ADOPT RESOLUTION NO. 2012-04 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS
F. ADOPT RESOLUTION NO. 2012-05 AUTHORIZING TREASURER OR
DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR
CITY OF EDEN PRAIRIE
G. ADOPT RESOLUTION NO. 2012-06 AUTHORIZING PAYMENT OF
CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR
COUNCIL APPROVAL
H. ADOPT RESOLUTION NO. 2012-07 ESTABLISHING MEETING DATES
AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2011
I. AWARD 2012 CONTRACTS FOR WATER TREATMENT CHEMICALS
J. ADOPT RESOLUTION NO. 2012-08 ACCEPTING AND RECOGNIZING
GIFTS AND DONATIONS RECEIVED IN 2011
K. AUTHORIZE THE SALE OF EXCESS PROPERTY (FIREWOOD)
MOTION: Case moved, seconded by Aho, to approve Items A-I, amended Item J,
and Item K on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Aho moved, seconded by Case, to approve the payment of claims as submitted.
Motion was approved on a roll call vote, wi th Aho, Butcher Wickstrom, Case, Nelson
and Tyra-Lukens voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER
5 RELATING TO ADOPTION OF A DOMESTIC PARTNERSHIP REGISTRY
Getschow said this is another item coming from the Human Rights & Diversity
Commission. It also was discu ssed at the workshop last year. The item concerns the
adoption of a domestic partnership registry providing a means for unmarried
couples who reside in Eden Prairie to document their relationship. He said this was
modeled on an ordinance passed in Hopkins. It requires the individuals reside in the
City of Eden Prairie. Several cities ar ound us have enacted such a registry and
CITY COUNCIL MINUTES
January 3, 2012
Page 4
research shows there are about 6-15 regist ration per year. Staff believes it would be
a simple administrative operation that could be run through the City Center.
Aho said he has done a fair amount of research on this. He feels this is an important
issue that should be given serious consideration before we adopt the ordinance. He
thought it was not prudent for the City of Eden Prairie to become engaged in social
issues that will be addressed by voters at the State level. The issue is being
addressed in the courts now. He did not th ink it should be addressed at a city level
simply as a means of circumventing procedures at the State and County level. He
believes it really is not our job to create registries. The County registers marriages
and deaths. He thought it is problematic in a number of ways. He reviewed the
historical background of the issue in Minnesota. Without knowing the outcome of
the final court case in Hennepin County he thought it is prudent to wait for the
decision of the courts. He thought the de finition of marriage will most likely be
resolved in Minnesota in 2012. This action tonight may put us in potential conflict
with that decision. He did not think there is anyone in the City government who has
the authority and who can determine who is qualified to register. It would also be
hard to enforce. He plans to vote against first reading of this ordinance.
Butcher Wickstrom asked if the City has other registries like this. Getschow said he
could not think of such a registry. We do have similar programs that issue licenses.
Butcher Wickstrom asked if any counties are taking responsibility for this.
Getschow said it has come about from cities.
Nelson said it seems like this works in a lot of cities. It doesn't really have anything
to do with marriage. It is used by couples of both sexes, not just same sex couples.
She was not sure it benefits them much to do this, but she didn't see any particular
reason not to do it. She noted we do register security systems.
Case said this is a controversial issue when the sound of domestic partnership
begins to sound like the defense of marriage debate. He thought this is not just a
defense of marriage issue. In some states that have passed this it offers something
to senior citizens who want to cohabit for health, retirement or death benefits. He
thought it offers a lot psychologically but really doesn't offer a lot legally, so it isn't
a big danger legally. It helps people get health care and other benefits with
significant others. He noted 41% of th e Fortune 500 companies offer health
benefits to domestic partners. He agreed it goes a little beyond the purview of what
cities typically have done, but on a grand level it is prudent to help individuals
attain their freedom. He thought it matters to those residents who are looking for
official data and a document with which to go to their companies. He does support
the registry.
Butcher Wickstrom thanked Council Members Case and Aho for the research they
did on the issue. She thought the regi stry does provide something for the
individuals who want it. It creates flexib ility for residents and is an action of
inclusivity for all residents. She thought it also strengthens our Manifesto. It would
be a very insignificant cost to the City, but it will be meaningful to residents who
wish to use it.
CITY COUNCIL MINUTES
January 3, 2012
Page 5
Aho asked if there might be ramifications to the City if we have employees who
sign up for this registration and then we have responsibility to provide them with
benefits. He was also concerned how to define cases that might involve a
polygamous relationship. He thought this ope ns up areas in which we don't want to
get involved.
Getschow said in the application we ask them to abide by what they affirm as
domestic partnerships. We don't have a process where we follow up and enforce it.
Rosow said the City is prohibited by State law from providing benefits to
employees' domestic partners.
Tyra-Lukens asked if the City would send letters to insurance companies regarding
the registration of the partnerships that would clearly state we have not done a
background search to see that they are not married to someone else. Getschow said
the only document we would provide would be the notarized application form that
would be given to the applicant.
Case said we aren't certifying anything. All we would be doing would be offering
our residents an avenue to make a public declaration. He didn't see us being
culpable as a result of providing a registration.
Nelson said this registration process has been done all over the country for several
years and it doesn't seem to create problems. She didn't expect it would create
problems here.
Tyra-Lukens said she didn't look at this as a defense of marriage issue. She thought
of it more as supporting the mission of the Eden Prairie Manifesto. It would be
further verification of a relationship. Sh e thought this might come up quite often
and could benefit those in heterosexual relationships as well as homosexual
relationships. She said she could not come up with any "cons" for her list of reasons
to do this. She has talked to representati ves of other cities and they have not
experienced problems.
Aho did not see there would be much benefit to people with this. He did not think
companies will come to the City to see what we do. He thought it is an issue of
trying to get this out at a local level to be used as a way of applying pressure to
higher levels of government to pass similar legislation. It seems more like a
political tool rather than something the City should be involved in.
MOTION: Butcher Wickstrom moved, seconded by Case, to approve first reading
of an ordinance amending City Code Chapter 5 relating to adoption of a Domestic
Partnership Registry. Motion carried 4-1, with Aho opposed.
XII. PETITIONS, REQUES TS AND COMMUNICATIONS
XIII. APPOINTMENTS
CITY COUNCIL MINUTES
January 3, 2012
Page 6
A. RESOLUTION NO. 2012-09 DESIGNATING OFFICIAL CITY
NEWSPAPER
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2012-09
designating the Eden Prairie News as the official City newspaper for the year 2012.
Motion carried 5-0.
B. RESOLUTION NO. 2012-10 DESIGNATING OFFICIAL MEETING
DATES, TIME AND PLACE FOR THE EDEN PRAIRIE CITY COUNCIL
IN 2012 AND APPOINTING ACTING MAYOR
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution
No. 2012-10 designating the official meeting dates, time and place for the City of
Eden Prairie Council in 2012 and appoin ting Council Member Case the Acting
Mayor. Motion carried 5-0.
C. RESOLUTION NO. 2012-11 APPO INTING COMMISSIONERS TO THE
EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2012-11
appointing City Council Members to serve as Commissioners for the Eden Prairie
Housing and Redevelopment Authority; and appointing Nancy Tyra-Lukens as
Chair; Rick Getschow as Executive Di rector and Council Member Nelson as
Secretary for calendar year 2012. Motion carried 5-0.
D. RESOLUTION NO. 2012-12 APPOIN TING DIRECTOR AND ALTERNATE
DIRECTOR TO THE SUBURBAN RATE AUTHORITY FOR 2011
MOTION: Butcher Wickstrom moved, seconded by Nelson, to adopt Resolution
No. 2012-12 designating Council Member Case as the Director and Public Works
Director Robert Ellis as the Alternate Director to the Suburban Rate Authority.
Motion carried 5-0.
E. APPOINTMENT OF MAYOR TYRA-LUKENS AS DELEGATE AND
COUNCIL MEMBERS AS ALTERNATES TO NATIONAL LEAGUE OF
CITIES
MOTION: Case moved, seconded by Aho, to approve appointment of the Mayor
as Delegate and Council Members as Alternates to the National League of Cities.
Motion carried 5-0.
F. APPOINTMENT OF MAYOR TYRA-LUKENS TO MUNICIPAL
LEGISLATIVE COMMISSION
MOTION: Nelson moved, seconded by Case, to approve appointment of the
Mayor to the Municipal Legislative Commission. Motion carried 5-0.
CITY COUNCIL MINUTES
January 3, 2012
Page 7
G. APPOINTMENT TO SOUTHWEST CABLE COMMISSION
MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve
appointment of Council Member Case to the Southwest Cable Commission.
Motion carried 5-0.
H. APPOINTMENT TO EDEN PRAIRIE FOUNDATION
MOTION: Case moved, seconded by Butcher Wickstrom, to approve
appointment of Council Member Nelson to the Eden Prairie Foundation. Motion
carried 5-0.
I. APPOINTMENT TO I-494 CORRIDOR COMMISSION
MOTION: Nelson moved, seconded by Case, to approve appointment of Council
Member Aho to the I-494 Corridor Commission. Motion carried 5-0.
J. APPOINTMENT TO CITY AND SCHOOL FACILITIES USE TASK FORCE
MOTION: Aho moved, seconded by Nelson, to approve appointment of Council
Member Butcher Wickstrom to the City and School Facilities Use Task Force.
Motion carried 5-0.
K. APPOINTMENT OF ASSISTANT WEED INSPECTOR
MOTION: Case moved, seconded by Nelson, to appoint Jeff Cordes as Assistant
Weed Inspector for the City of Eden Prairie. Motion carried 5-0.
L. APPOINTMENT OF CITIZEN RE PRESENTATIVE TO SOUTHWEST
METRO TRANSIT COMMISSION
MOTION: Butcher Wickstrom moved, seconded by Case, to appoint Mayor Tyra-
Lukens to the Southwest Metro Transit Board to serve out the position of elected
official and to appoint Council Member Aho as the Citizen Representative for a
three-year term to end December 31, 2014. Motion carried 5-0.
M. RESOLUTION NO. 2012-13 APPOINTI NG MUNICIPAL REPRESENTATIVES
TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES
MOTION: Nelson moved, seconded by Butcher Wickstrom, to adopt Resolution
No. 2012-13 appointing Council Member Case and Finance Director Sue
Kotchevar to the Eden Prairie Fire Relief Association. Motion carried 5-0.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
CITY COUNCIL MINUTES
January 3, 2012
Page 8
B. REPORT OF CITY MANAGER
1. Fallen Firefighter Memorial Fund
Getschow said the Fallen Firefighter Memorial recently received full
funding. The memorial is currently located in a small corner of the airport.
The funds will be used to construct a new memorial at the State Capitol.
Fire Chief Esbensen is President of the Minnesota Fire Service Foundation.
He had a large part in the effort to raise the $600,000 necessary to reach the
goal. They reached that goal, and ad ditional dollars received will be put
towards scholarships. Chief Esbensen did a lot of traveling across the State
to make presentations on this important effort. We want to recognize him
for the great work he did as a leader of the effort.
Tyra-Lukens asked if they are still accepting donations. Getschow said they
are. Tyra-Lukens noted Chief Esbens en's goal was to get 100% of the
department to make donations and she assumed he reached that goal.
Getschow said he did. The Eden Prairi e Fire Department led the way on the
donations.
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
1. Approve Agreement Between Department of Employment and Economic
Development (DEED) and the City fo r a $500,000 Forgivable Loan (Grant)
to Rosemount-Emerson through the Minnesota Investment Fund
Jeremiah said the agreement details the City’s res ponsibilities for
administering a $500,000 grant through DEED’s Minnesota Investment
Fund program to help fund Rosemount-Emerson’s planned renovation to
their building on Technology Drive. Ro semount-Emerson plans to invest
$24,000,000 to renovate the building. Th ey currently have about 600
employees in Eden Prairie. One of th e conditions of the agreement would be
that they add 100 additional employees. The requested action is between the
City and DEED. There will be a subs equent agreement between the City
and Rosemount-Emerson regarding disbursal of funds.
Aho said it is important for our residents to know that this action doesn't
cost the City of Eden Prairie any money and is just a pass through.
MOTION: Nelson moved, seconded by Case, to approve the agreement
between Department of Employment and Economic Development (DEED)
and the City for a $500,000 forgivable loan (grant) to Rosemount-Emerson
through DEED’s Minnesota Investment Fund (MIF). Motion carried 5-0.
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL MINUTES
January 3, 2012
Page 9
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Butcher Wickstrom moved, seconded by Case, to adjourn the meeting. Motion
carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:50 PM.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Christy Weigel,
Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.: VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the license listed below
Raffle
Organization: International School of Minnesota Parent Association
Place: Bearpath Golf & Country Club
18100 Bearpath Trail
Date: February 25, 2012
Temporary Liquor
Organization: Church of Pax Christi
Event: Annual Cana Dinner
Date: February 18, 2012
Place: Church of Pax Christi
12100 Pioneer Trail
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Leslie Stovring, Public Works/
Environmental Services
ITEM DESCRIPTION: Approve
Second Reading of an Ordinance
Amending City Code Section 5.36
ITEM NO.: VIII.B.
Requested Action
Move to: Approve Second Reading of an Ordinance Amending City Code Section 5.36
Relating to Licensing of Collectors of Solid, Recyclable and/or Yard Waste and
Adopt Resolution Approving Summary Ordinance for Publication
Synopsis
The amendment to the City Code incorporates changes to address the following.
1. Incorporation of current Hennepin C ounty requirements for recycling.
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
The first reading for the Ordinance was on De cember 6, 2011. Only minor editorial changes
were made to the Ordinance since that time.
A letter was sent to all currently licensed haulers informing them of the proposed changes on
November 29, 2011. No comments were received.
Attachments
Ordinance Summary Resolution
Ordinance Summary
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 OTHE R THINGS, CONTAIN PENALTY
PROVISONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5 – Section 5.36 en titled “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 Ed en 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 danger ous 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 prope rty 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 fa r 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 recyclab les means disposable containers fabricated
primarily of aluminum, commonly used for beverages.
B. Association – Association m eans all organizations of residential dwelling owners formed
for the purpose of joint manage ment of property or services.
C. Can Recyclables – Can recyclables means dis posable 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 wh ere 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 R ecycling 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 design ed or operated for the purpose of disposing of
solid waste.
H. Glass Recyclables – Glass recyclables m eans jars, bottles, and containers which are
primarily used for packing and bottling of food and beverages.
I. Geographic Service Area - Geographic servi ce 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 contai ners 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, as eptic containers, gable-topped containers and
uncoated paper products such as cereal, cracker, pasta, cake mix, shoe, gift, electronics and
toothpaste boxes.
M. Plastic Recyclables – Plastic recyclable s means plastic containers and lids from
containers that are labeled #1 (Polyethylene Terephthalate, PET, or PETE), #2 (High Density
Polyethylene or HDPE), #3 (Vinyl Polyvinyl Chlo ride or PVC), #4 (Low Density Polyethylene
or LDPE), or #5 (Polypropylene or PP), excluding bottles that previously contained hazardous
materials or motor oil.
N. Recyclable Waste - Recyclable waste mean s 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 Ordina nces 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.
P. Residential Customer - Residential custom er 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.
Q. Roll Off Containers – Roll off containers means detachable receptacles, containers,
dumpsters, bins or boxes designed for collect ion of construction, demolition, renovation, scrap,
recycling, liquid, solid waste or ya rd waste materials or debris.
R. Single Family Dwelling – Single family, detached dwelling and accessory structures
designed for or containing one dwelling unit.
S. 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 fertili zer; 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 Sect ion 402 of the Federal Water Pollution Control
Act, as amended; dissolved materials in irrigati on return flows; or source, special nuclear, or
by-product material as defined by The Atomic Energy Act of 1954, as amended.
T. 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 wast e 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 soli d, recyclable, organic and/or yard waste within
the geographical service area. The Council ha s 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 es tablished 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 containe rs, 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 ope rate in a residential district on Sunday.
E. Each Licensee shall exhibit evidence of the license in a prominent position on each
vehicle used in the collection or transportation of solid, recyclable and/or yard waste.
F. Each Licensee shall be sole ly 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 a ttorneys' 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 C ity evidence of all insurance requ ired 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 subdivisi on shall name the City as an additional insured.
1. Existence of the insurance required he rein 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, includin g general liability, automobile liability,
completed operations liability, and loading and unloading liability in the
following amounts.
b. Bodily injury liability in the amou nt of at least $100,000 for injury or
death of any one person in any one occurrence.
c. Bodily injury liability in the amou nt of at least $300,000 for injuries or
death arising out of any one occurrence.
d. Property damage liability in the am ount 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 ex ecuted 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 Cit y. After examination and approv al 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, Li censee 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 require d 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 juri sdiction over its activities.
J. Each Licensee shall impose charges for the co llection of solid waste that increase with
the volume or weight of the solid waste collected.
Subd. 6 . In addition to the condit ions 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 customer s 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 ba sis 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 recyclab le 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 di spose of yard waste on or in a Disposal
Facility.
E. Make available for sale and sell at a r easonable 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 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
j. All other Solid Waste
2. Number of Single Family Households with curbside recycling service.
3. Number of Multiple Family Households or Customers with curbside recycling
service.
4. Number of Multiple Family Households without curbside recycling service.
5. Number of Commercial Establis hments 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 collec tion 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 th e 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 who recycle:
1. Aluminum Recyclables
2. Can Recyclables
3. Corrugated Cardboard
4. Glass Recyclables
5. Paper Recyclables
6. Plastic Recyclables
K. Collect or provide for the co llection of all recyclable materials from residential customers
with Curbside Recycling Services using one of the following systems:
1. Single Sort System – All recyclable mate rials 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 Mu ltiple 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 S ection 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 City Code Section 6.06, roll-off containe rs shall not be
placed within the street or other public property.
Subd. 9 . Penalty. Failure to perform, meet or comply w ith 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 Definiti ons 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 OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____-2012
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. ____-2012 was adopted a nd ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 17th day of January 2012.
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. ______-2012 is leng thy and/or contains charts.
B. The text of the summary of Ordina nce No. ____-2012, attached hereto, conforms
to M.S. § 331A.01, Subd. 10, and is appr oved, and publication of the title and
summary of the Ordinance will clearly info rm 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 sh all be posted in the City offices.
E. Ordinance No. ____-2012 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 January 17, 2012.
________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __- 2012
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.
Summary: The Ordinance amends City Code Section 5.36 by adding definitions for Curbside
Recycling Service and Recycling; clarifying definitions for Paper and Plastic Recyclables to meet
expanded Hennepin County requirements; clarifying which items must be collected for recycling
from single family and multiple family residential households and commercial establishments;
expanding reporting requirements for all Licensees regarding recycling collection services for single
and multiple family residential; adding an annual educational requirement for residential customer
licensees; and requiring use of single or dual sort recycling for residential customers with curbside
recycling as required by Hennepin County.
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
SECTION: Consent Calendar
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Janet Jeremiah, Community
Development Director &
Patricia Fenrick, Community
Services Coordinator
ITEM DESCRIPTION:
2012 Housing and Community Services
Recipient Contracts
ITEM NO.: VIII.C.
Requested Action
Move to: Authorize execution of the 2012 General Fund contracts between the City of Eden Prairie
and designated recipients.
Synopsis
The City Council approved these funding recommendations at the September 20, 2011, council
meeting. The contracts specify the program activities to be undertaken with contract funds.
Recipients approved by the City Council for 2012 include:
Background
The Human Services Review Committee comprise d of staff from Police, Fire, Park & Rec,
Community Services and Community Development make funding recommendations based on the
review of written proposals, presentations, past performance by social service providers, and budget
direction from the City Council.
Attachments
Agreements
2012
Program
Budget
Approved
PROP $31,000
Teens Alone $13,000
YMCA $25,000
Meals on Wheels $9,400
Senior Community Services $30,000
HSSC $24,631
Family Center Plus $14,000
New American Academy $5,000
SouthWest Transit $2,400
Homeline $5,000
Emerging Needs $569
Total $160,000
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and PROP –
People Reaching Out to Other People (“Provider”), lo cated at 14700 Martin Drive, Eden Prairie 55346.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $31,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1st day of January, 2012 by and between the
City of Eden Prairie (“City”), located at 8080 M itchell Road, Eden Prairie, MN 55344-2230 and Teens
Alone (“Provider”), located at 915 Main Street, Hopkins, 55343.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $13,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and
Southdale YMCA (“Provider”), located at 7355 York Ave S, Edina, 55435
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012_
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
2.3 Contract-specific conditions: Provider shall intentionally partner with local
agencies, businesses and service providers. Provider will focus field trips
at local Eden Prairie venues that provide children with an enriched
community experience that can lead to future connections.
3. City’s Duties: City shall pay Provider $25,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and Meals
on Wheels (“Provider”), located at PO Box 44334, Eden Prairie 55344.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $9,400 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 M itchell Road, Eden Prairie, MN 55344-2230 and Senior
Community Services Senior Outreach (“Provider”), located at 10709 Wayzata Blvd. Suite 111,
Minnetonka 55305.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $30,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and Eden
Prairie School Family Center (“Provider”), located at 8040 Mitchell Road, Eden Prairie 55344.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $14,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January 2012 by and between the City
of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and New
American Academy (“Provider”), located at 6875 Washington Ave S. Eden Prairie, MN 55347.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
2.3 Contract-specific conditions: Grant money is specifically designated for
rent. Monthly financials prepar ed by an accountant should accompany
invoice.
3. City’s Duties: City shall pay Provider $5,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in equal monthly installments.
To receive payment, Provider shall submit an invoice detailing the services provided
which shall also include the following signed and dated statement: “I declare under
penalty of perjury that this account, claim, or demand is just and correct and that no part
of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and
SouthWest Transit (“Provider”), located at 13500 Technology Drive, Eden Prairie, MN 55344-2283.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012 (“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $2,400 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY OF EDEN PRAIRIE
HUMAN SERVICES AGREEMENT
THIS AGREEMENT is made and executed the 1 st day of January, 2012 by and between the
City of Eden Prairie, (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and
Homeline (“Provider”), located at 3455 Bloom ington Ave, Minneapolis, MN 55407-2216.
WHEREAS, City recognizes the need for services that focus on supporting residents with low-
incomes or special needs, that focus on prevention and early intervention, build on strengths and
resources of families, and that are culturally; and
WHEREAS, Provider provides such services and City desires to hire Provider to perform such
services.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
1. Term and Termination:
1.1 Term: The term of this Agreement shall be one year commencing on January 1,
2012(“Commencement Date”) and te rminating on December 31, 2012
(“Termination Date”).
1.2 Termination: This Agreement may be terminated by City upon thirty (30) days
notice to Provider in the event that the City determines that funding for the
services provided by Provider are no longer necessary or in the public interest.
This Agreement may be terminated by City, at its sole discretion, without notice
if Provider breaches this Agreement in any way. If this Agreement is terminated
for any reason Provider shall be paid for services rendered up to the date of
termination.
2. Provider’s Duties:
2.1 Services: Provider shall provide the services as set forth on Exhibit A, attached
hereto and incorporated herein by reference.
2.2 Insurance: Provider shall maintain insurance, as specified in this Section 2.2,
for the term of this Agreement. Prior to the commencement date of this
Agreement Provider shall submit to City certificates of insurance. All required
insurance policies shall list the City as an additional insured and provide that the
policies shall not be terminated or modified unless the City has first been notified
in writing thirty (30) days prior to the cancellation or modification.
2.2.1 General Comprehensive Liability Insurance: Provider shall maintain
general comprehensive liability insurance in the amount of at least $300,000.00
per individual and $1,000,000.00 per occurrence.
2.2.2 Professional Liability Insurance: Provider shall maintain professional
liability insurance in the amount of at least $1,000,000.00 per occurrence.
2.2.3 Worker’s Compensation: Provider shall maintain worker’s
compensation insurance coverage required pursuant to Minn. Stat. § 176.181,
subd. 2 and shall provide to the Commission prior to execution of this agreement
the certificate of insurance or the written order of the Commissioner of
Commerce permitting self insurance of worker’s compensation insurance
coverage that is current and in force and effect.
3. City’s Duties: City shall pay Provider $5,000 for the services rendered by Provider
for the term of this Agreement. Payments sh all be made in four equal installments on a
quarterly basis. To receive payment, Provider shall submit an invoice detailing the
services provided for the quarter which shall also include the following signed and dated
statement: “I declare under penalty of perjury that this account, claim, or demand is just
and correct and that no part of it has been paid.”
4. Miscellaneous Provisions:
4.1 Independent Contractor: Provider shall at all times be an independent
contractor. Nothing contained in this Agreement shall in any way create, or be
construed to create, a partnership, an agency relationship, or an employment
relationship between City and Provider.
4.2 Data Practices Act: The Provider shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat . §1301, et seq., to the extent that the
Act is applicable to data and documents in the hands of the Provider.
4.3 Audits: The books, records, documents, and accounting procedures and
practices of the Provider or other parties relevant to this agreement are subject to
examination by the Commission and either the Legislative Auditor or the State
Auditor for a period of six years after the Termination Date.
4.4 Income Tax Withholding: No final payment shall be made to the Provider until
the Provider has provided satisfactory evidence to the Commission that the
Provider and each of its subcontracts has complied with the provisions of Minn.
Stat. § 290.92 relating to withholding of income taxes upon wages. A certificate
by the Commissioner of Revenue shall satisfy this requirement.
4.5 Conflicts: No salaried officer or employee of the Commission and no member
of the Board of the Commission 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.
4.6 Discrimination: In performance of this contract, the provider shall not
discriminate on the grounds of or because of race, color, creed, religion, national
origin, sex, marital status, status with regards to public assistance, disability,
sexual orientation, or age against any employee of the Provider, any
subcontractor of the Provider, or any applicant for employment. The Provider
shall include a similar provision in all contracts with subcontractors to this
contract. The Provider further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minn. Stat. § 363.01 et seq., Title VI of the Civil Rights Act
of 1964, and the Americans with Disabilities Act of 1990.
4.7 Whole Agreement: This Agreement and the attached Exhibit A constitute the
final and complete agreement of the parties and shall supersede and replace any
prior oral or written agreements between City and Provider. Any subsequent
modification must be in writing signed by both parties.
4.8 Governing Law: This Agreement shall be governed and construed under the
laws of the State of Minnesota.
IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the
date set forth above.
CITY OF EDEN PRAIRIE
By: __________________________________________
Mayor
By: __________________________________________
City Manager
PROVIDER
By: __________________________________________
Title: __________________________________________
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
January 17, 2011
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Sue Kotchevar
ITEM DESCRIPTION:
Adopt Resolution amending Resolution
2011-106 relating to Commercial SAC
& WAC Fees
ITEM NO.: VIII.D.
Requested Action
Move to: Adopt Resolution amending Resolu tion 2011-106 setting Commercial SAC and WAC
fees at the same rate as industrial/public/office.
Synopsis
Staff has received some feedback lately that the commercial rate for Water Access Charges
(WAC) and Sewer Access Charges (SAC) is challenging for smaller, less established businesses
to pay. A staff committee consisting of the Pub lic Works Director, Building Official, and the
Finance Manager met to determine if it would be appropriate to charge commercial customers
the same as industrial, public, office customers. The City currently has a three tiered system for
charging WAC and SAC. The curr ent 2012 rates are listed below:
Water Access Charges Amount
Per R.E.C.
Residential $ 2,510
Industrial, public, office $ 3,280
Commercial $ 3,920
Sewer Access Charges Amount
Per R.E.C.
Residential $ 570
Industrial, public, office $ 1,040
Commercial $1,460
R.E.C. = Residential Equivalency Unit
Staff determined that from 2001 through 2011, if comme rcial development would have paid the same
rate as industrial, the City would have received approximately $740,000 total or $67,000 less annually.
This equates to approximately ½ percent of the total revenue for the water and sewer funds.
From a financial standpoint, staff is comfortable with a reduction in revenue of ½%. Historically,
the City has relied on WAC/SAC fees to pay for the infrastructure of the utility system. The City
is transitioning from a high growth community to a fully developed community. WAC/SAC
revenue is expected to be more volatile and less reliable in the future. Because of this, the new
utility rate structure that was implemented on January 1, 2011 transitions the system to rely on rate
revenue versus WAC/SAC fees to pay fo r more of the infrastructure needs.
Based on the above information, staff recommends changing the commercial WAC/SAC rate to
the industrial/publ ic/office rate.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
RESOLUTION AMENDING RESOLUTION NO. 2011-106 REGULATING FEES AND
CHARGES FOR BUSINESS LICENSES, PERMITS AND MUNICIPAL SERVICES
The City Council of the City of Eden Prairie amends Fee Resolution No. 2011-106 as follows:
System Access Charges – Utility Charges Sanitary Sewer
Commercial, Industrial, public, office $ 1,040.00
System Access Charges – Utility Charges Water
Commercial, Industrial, public, office $ 3,280.00
ADOPTED by the City Council of Eden Prairie this 17 th day of January, 2012.
________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
January 17, 2011
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Sue Kotchevar
ITEM DESCRIPTION:
Resolution authorizing issuance and sale of
$5,230,000 General Obligation Crossover
Refunding Bonds, Series 2012A and
Resolution authorizing issuance and sale of
$3,240,000 General Obligation Capital
Improvement Plan Crossover Refunding
Bonds, Series 2012B
ITEM NO.: VIII.E.
Requested Action
Move to: Adopt Resolution authorizing i ssuance and sale of $5,230,000 General Obligation
Crossover Refunding Bonds, Series 2012A and adopt Resolution authorizing issuance and sale
of $3,240,000 General Obligation Capital Improveme nt Plan Crossover Refunding Bonds, Series
2012B.
Synopsis
The 2012A bonds will refinance the 2005C bonds which were issued to finance park
improvements and have an estimated savings of $330,000. The 2012B bonds will refinance the
2006B bonds which were issued to finance Fire Station #4 and have an estimated savings of
$129,000.
Attachment
Resolutions
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
$5,230,000 GENERAL OBLIGATION CROSSOVER
REFUNDING BONDS, SERIES 2012A
BE IT RESOLVED by the City Council of th e City of Eden Prairie, Minnesota (the
“City”), as follows:
SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue
its General Obligation Crossover Refunding Bonds , Series 2012A, in the principal amount of
approximately $5,230,000 (the “Bonds”), pursuant to Minnesota Statutes, Chapter 475, to
provide funds to be used to refund, in an advance crossover refunding, all or a portion of the
2021 through 2026 maturities of the City’s Gene ral Obligation Bonds, Series 2005C, dated, as
originally issued, as of December 1, 2005, and as reissued on April 17, 2007.
SECTION 2. SALE. Northland Securities, Inc. is hereby authorized, pursuant to Minnesota
Statutes, Section 475.60, Subdivisi on 2, paragraph (9), to soli cit proposals for the Bonds on
behalf of the City on a competitive basis without requirement of published notice. The Council
shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the
purpose of considering proposals for the purchase of the Bonds and of taking such action thereon
as may be in the best interests of the City.
ADOPTED by the Eden Prairie City Council on the 17 th day of January, 2012.
_______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
$3,240,000 GENERAL OBLIGATION CAPIT AL IMPROVEMENT PLAN
CROSSOVER REFUNDING BONDS, SERIES 2012B
BE IT RESOLVED by the City Council of th e City of Eden Prairie, Minnesota (the
“City”), as follows:
SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue
its General Obligation Capital Improvement Pl an Crossover Refunding Bonds, Series 2012B, in
the principal amount of approximately $3,240,000 (the “Bonds”), pursuant to Minnesota
Statutes, Chapter 475, to provide funds to be us ed to refund, in an advance crossover refunding,
all or a portion of the 2016 through 2027 maturitie s of the City’s General Obligation Capital
Improvement Plan Bonds, Series 2006B, dated, as originally issued, as of July 1, 2006.
SECTION 2. SALE. Northland Securities, Inc. is hereby authorized, pursuant to Minnesota
Statutes, Section 475.60, Subdivisi on 2, paragraph (9), to soli cit proposals for the Bonds on
behalf of the City on a competitive basis without requirement of published notice. The Council
shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the
purpose of considering proposals for the purchase of the Bonds and of taking such action thereon
as may be in the best interests of the City.
ADOPTED by the Eden Prairie City Council on the 17 th day of January, 2012.
_______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent
DATE:
January 17, 2011
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Sue Kotchevar
ITEM DESCRIPTION:
Adopt Fund Balance Policy
ITEM NO.: VIII.F.
Requested Action
Move to: Adopt fund balance policy.
Synopsis
As part of the 2012/2013 budget process, the Council and staff discussed changes to the fund
balance policy to better define the uses of fund balance. Thes e changes were included in the
budget information for the 12/6/2011 Council Mee ting and public meeting. The updated policy
includes these changes.
Attachment
Fund Balance Policy
Fund Balance Policy
1
Organizational Mission
Eden Prairie city government will foster respect for the past, plan for the future, and deliver high
quality public services that contribute to a strong sense of community.
Key Results
Healthy, strong, and safe community,
A preserved and beautiful environment,
A mobile community,
Satisfied customers,
Responsive and accessible government, and
Efficient and effective service delivery.
Preamble
The City of Eden Prairie has an important responsibility to its citizens to manage its resources
responsibly and adopting financial policies is an important first step to ensure that resources are
managed responsibly. The policies provide the framework for the overall fiscal management of
the City and guide the decision-making processes. The policies operate independently of
changing circumstances and conditions.
The objectives of the policies include:
Providing sound principles to guide the decisions of the City Council and management.
Protecting the City Council’s policy-making ability by ensuring that important policy
decisions are not controlled by financial problems or emergencies.
Protecting and enhancing the City’s credit rating and prevent default on any municipal
obligations.
All actions of the City should be consistent with these policies. The policies are presented in the
following categories: financial management, revenue and expenditure, debt, accounting,
auditing, and financial reporting, capital improvement, and fund balance.
Fund Balance Policy
2
Fund Balance Policy – General Fund
The City Council authorizes the Finance Manager and/or City Manager to assign fund balance
that reflects the City’s intended use of those funds. When both restricted and unrestricted
resources are available for use, it is the City’s policy to first use restricted resources, and then use
unrestricted resources as they are needed. When unrestricted resources are available for use, it is
the City’s policy to use resources in the following order; 1) committed 2) assigned 3) unassigned.
These fund balance classifications apply only to Governmental Funds, not Enterprise or Internal
Service Funds.
Unassigned Fund Balance – Working Capital Policy
The City's unassigned fund balance – working capital as of the end of the year should equal 50%
of the next year’s budgeted tax revenue. Any amount in excess of 50% will be used for budget
stabilization. If the balance falls below 50%, a plan will be developed and implemented to
replenish the funds. A balance equal to 50% of the next year’s budgeted tax revenue is needed to
fund the following year’s operations until the tax settlement is received at the end of June.
Unassigned Fund Balance – Emergency/Maintain Bond Rating
In recognition that the amount for working capital only covers operating costs for the first six
months of the years, the City wants to maintain additional resources on hand to provide for
contingencies. Therefore, at the end of each year, the City will maintain an amount for
emergencies and maintenance of the Aaa bond rating of 10% of the next year's budget. The
intent is not to use this balance except in extreme emergencies.
If for any reason the balance falls below 10%, a plan would be developed and implemented to
replenish the fund.
Unassigned Fund Balance – Budget Balancing
In recognition that the City’s budget is volatile, the City wants to maintain a balance to help
manage the fluctuations in the budget. Therefore, at the end of each year, the City will maintain
an amount for budget balancing. This amount will vary as positive financial results increase the
amount and negative financial results and one-time uses decrease the amount. At all times, the
City will implement a balanced budget. Generally, the balance will be maintained at 5% to 7% of
the next year's budget.
After the end of each calendar year as part of the annual financial reporting, the City Manager
will update the City Council on the status of the budget balancing amount. The update will
Fund Balance Policy
3
include the current balances and the changes from the previous year. The City Manager will
inform the City Council of any one-time uses throughout the year that were not planned for
during the budget process.
Use of Budget Balancing Amount
Some examples of when and how the balance would be used include the following:
When the balance is greater than 5%, the City Manager may recommend that amounts be
used for one-time purchases in the next year’s operating budget. These will help to level
expenditures from year to year.
When workload demand increases significantly, the City Manager may recommend the
use of the balance for short term support. For example, temporary staffing to assist with
the light rail transit projects. Many times there will an increase in revenue due to this
activity but the need for support and the timing of the revenue may differ.
When other one-time operating needs become apparent after the budget is adopted, the
City Manager may recommend the use of the balance.
When financial results are negative, the balance would be used.
If for any reason the balance falls below 5% and staff believes this will not self correct, a plan
would be developed and implemented to replenish the fund.
Fund Balance Policy (Unrestricted Net Assets) – Internal Service
Funds
The City maintains internal service funds as a tool to purchase goods and services centrally and
then charge the costs back to the departments that use the service. This provides more accurate
information of the cost to provide City Services. The City maintains the following internal
service funds:
Health & Benefits
Severance
Workers Compensation
Property Insurance
Facilities
Fleet
Information Technology
Fund Balance Policy
4
Internal service funds will maintain unrestricted net assets of 15% to 20% of the annual budget.
Funds with a capital component, facilities, fleet, and information technology will also maintain
one year of the capital budget. This will provide for adequate cash flow for operations and
provide flexibility to meet the City’s capital needs.
Fund Balance Policy (Unrestricted Net Assets) – Enterprise Funds
The City of Eden Prairie maintains enterprise funds for the following activities:
Liquor operations, one fund for each liquor store
Liquor building, accounts for the Den Road building that the City owns
Water enterprise
Sewer enterprise
Storm Drainage
Liquor
Generally all liquor store profit from operation is transferred to the capital improvement and
maintenance funds. Exceptions may include maintaining profit for planned leasehold
improvements. The liquor building fund will maintain unrestricted net assets to provide for
capital and other tenant related costs. The amount will be reviewed when City balances are
reviewed annually.
Utility
The City of Eden Prairie had a utility rate study completed in 2010. The study included an
analysis of the cost of service, capital improvement planning, utility rate design, and revenue
adequacy evaluation and proposed rate adjustments. The study also provided a recommended
policy for the amounts to maintain in unrestricted net assets. The City’s policy agrees with this
recommendation. The unrestricted net asset policy is as follows:
An amount equal to 90 days of operating expense
An amount equal to the following year’s debt service principal and interest
A capital reserve of two years capital expense, except for storm drainage which will be one
year
The expectation is that these reserves will provide for the long term funding needs of the utility
operations.
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Chief Rob Reynolds, Police
ITEM DESCRIPTION:
Accept and Recognize Gifts and Donations
for 2011
ITEM NO.: VIII.G.
Motion
Move to: Adopt Resolution accepting and re cognizing the contributions and donations
totaling over $3,400 from businesses and indivi duals to the City of Eden Prairie
during 2011 as listed in Exhi bit 1 of the Resolution.
Synopsis
In 2011, over $3400 in donations were contributed to the City of Eden Prairie towards programs
and events. The attached exhibit shows the name of the contributor along with the event that
used the money or donation.
Attachments
Resolution
Exhibit 1 - 2012 City Gifts and Donations
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS AND DONATIONS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gifts to the City described in Exhibit 1 att ached hereto from the donors set forth therein,
are hereby accepted by this Council; and
The City Council recognizes and appreciates the generous donations from individuals and
businesses in 2011.
ADOPTED by the Eden Prairie City Council this 17th day of January, 2012.
___________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
Amount Item Approximate Value
500 T‐shirts for open House $1,000
1 Jacket $200
2 Gift Card for Open House Snacks $200
1 Check $2,000
$3,400Total 2011 Donations to Police Department
Exhibit 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION:
Approve Extension of Conditional Use
License Agreement No. A12099 with
Hennepin County for Provision of
Electronic Data for Mapping Purposes
ITEM NO.: VIII.H.
Requested Action
Move to: Adopt the resolution extending Conditional Use Agreement No. A12099 with
Hennepin County from December 31, 2011 to December 31, 2012 for electronic
geographical digitized data for use in mapping of the City.
Synopsis
Hennepin County has provided electr onic digitized half-section map data to the City of Eden
Prairie. The City uses this data to produce mapping. The original Agreement was approved by
Council on February, 2, 1999.
Attachments
Resolution
Hennepin County Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012 -
EXTENSION OF CONDITIONAL USE LICENSE AGREEMENT No. A12099
WITH HENNEPIN COUNTY FOR THE PROVISION OF
ELECTRONIC DATA FOR MAPPING PURPOSES
WHEREAS, a Conditional Use Agreement has been pr eviously approved which identifies the
obligations regarding the transfer and use of electronic digitized data files for use in mapping;
and
WHEREAS, the City Engineer recommends approval of the extension of said Conditional Use
License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie
That said extension of Conditional Use License Agreement is hereby approved and the
Mayor and City Manager are authorized to execute the extension of the agreement on
behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on January 17, 2012.
____________________________________
Nancy Tyra-Lukens, Mayor
ATTEST: SEAL
______________________________
Kathleen Porta, City Clerk
Hennepin County Taxpayer Services Department
Survey Division - Suite A-703
612.3483131 Phone
Hennepin County Government Center
612.348.2837 Fax
Minneapolis, Minnesota 55487
www.co.hennepin.mn.us
December 8, 2011
Mary Krause, Design Engineering
City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie, MN 55344-2230
Agreement# A12099
Hennepin County desires to extend the above referenced EPDB Conditional Use License
Agreement through December 31,2012. If you as a Government Unit, Consultant/Third
Party or Private Corporation, desire to extend the above-reference Agreement, the
following requirements must be satisfied as they pertain to your entity. Please return the
required information to Hennepin County, Attention: Robert Moulder (at the address
stated at the top of this page).
A.) GOVERNMENTAL UNIT MUST FURNISH TO THE COUNTY A COPY OF
THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS
AGREEMENT EXTENSION. HOWEVER, IF AN OFFICIAL OF USER IS
AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN
AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LEITER SIGNED
BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE
RETURNED TO THE COUNTY. NOTE: SUCH OFFICIAL MUST ATTACH TO THIS
LETTER A COPY OF THEIR STATUTORY OR CHARTER AUTHORITY TO APPROVE THE
AGREEMENTS.
B.) CONSULTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY
OF AFFIRMATION BY GOVERNMENTAL UNIT THAT YOU WILL
CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO.
THROUGH THE YEAR 2012. IN ADDITION,
CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE
PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH
TO THE COUNTY.
C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE
PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH
TO THE COUNTY.
:SligitEFF"D
-retaate mstwetTal.7.43trialtiv.a.-4*-24ftia
ItiiTETOrn. -1T.111M
As authorized by the Agreement and noting the above requirements, which pertain to you specifically,
please indicate below your intention to extend or not to extend this agreement through the year 2012.
Please return the originals of this page and the acknowledgement page and a copy of affirmation as
Consultant/Third Party, as required, to the attention of Robert Moulder at the address shown at the top of
page 1 as soon as possible.
Please check (X) appropriate box.
It IS our intention to extend this agreement through the year 2012.
It is NOT our intention to extend this agreement through the year 2012.
We no longer require this information.
Signature: Date:
Authorized Signature
Title:
If you have any questions about this notice, please call Robert Moulder at 612-348-2618 for assistance.
Sincerely,
/1'‘ W14—s) ig dZ#Lety 1,—
Richard P. Johnson
County Administrator
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Leslie Stovring
Public Works / Environmental
Services
ITEM DESCRIPTION: I.C. 09-5755
Approve Change Order No. 1 for the Neill
Lake Berm Stabilization Project
ITEM NO.: VIII.I.
Requested Action
Move to: Approve Change Order No. 1 for the Neill Lake Berm Stabilization Project in the
amount of $8,410.
Synopsis
Cobalt Construction was awarded the contract to complete the Neill Lake berm stabilization
project in September 2011 for the estimated am ount of $238,700. Site conditions encountered
during construction required some changes to the contract amount. Filter log compost rolls were
used in lieu of silt fence due to wet conditions for a net increase of $5,698 ($13,051.50 -
$7,353.50). In addition, the trail to Larkspur La ne was raised to help alleviate flooding
conditions which required the in stallation of 2 culverts for an extra cost of $2,712. These
changes resulted in a net cost of $8,410. Costs for the project will be paid out of the stormwater
utility fund.
Background Information
Neill Lake is a downstream receiving water from Eden Lake. In 1974 a storm drain system,
which includes an earthen berm along the southern edge of the open water portion of Neill Lake,
was constructed. The constructi on project stabilized and reinfo rced the berm. Soil conditions
encountered during the work require d changes in the scope of work. These included a change in
the type of sediment control and reconstruction of the trail from Larkspur Lane.
Attachment
Change Order No. 1
E NGINEERS
P LANNERS
D ESIGNERS
SRF No. 011.6877.02
CHANGE ORDER NO. 1
DATE:
PROJECT:
OWNER:
CONTRACTOR:
ENGINEER:
December 14, 2011
Neill Lake Berm Repairs
City of Eden Prairie Improvement Contract No. 09-5755
City of Eden Prairie
Cobalt Contracting, Inc.
SRF Consulting Group, Inc.
NATURE OF CHANGES:
1. Soil conditions on the Neill Lake Marsh side of the project were too wet to allow for
installation of the machine sliced silt fence as a perimeter sediment control practice. The
Contractor proposed installation of compost logs along 3,850 LF along the wetland edge,
in lieu of the silt fence, and this change was accepted by the Engineer and the City.
2. The City requested that a portion of the bituminous trail between Larkspur Lane and Neill
Lake be raised in order to alleviate problems with the flooding. The work required
installation of granular borrow, removal of two existing metal culverts and installation of
two 12-inch corrugated steel pipes with metal aprons.
ADJUSTMENT TO CONTRACT PRICE:
*INCREASE*
Item No. Item Description Unit Unit Price Est'd.
Qty.
Amount
1 2573.540 Filter Log, Type Compost LF $3.39 3,850 $13,051.50
2a 2104.501 Remove Corrugated Metal Pipe LF $3.00 40 $120.00
2b 2105.521 Granular Borrow (CV) CY $30.00 24 $720.00
2c 2501.511 12" Corrugated Steel Pipe LF $47.00 28 $1316.00
2d 2501.515 12" Metal Apron EA $139.00 4 $556.00
TOTALS: $15,763.50
www.srfconsulting.com
One Carlson Parkway North, Suite 150 I Minneapolis, MN 55447-4443 I 763.475.0010 Fax: 763.475.2429
An Equal Opportunity Employer
Neill Lake Berm Repairs 2 December 14, 2011
Change Order No. 1
*DECREASE*
Item No. Item Description Unit Unit Price Est'd.
Qty.
Amount
2573.502 Silt Fence, Type Machine Sliced LF $1.91 3,850 $7,353.50
TOTALS: $ 7,353.50
SUMMARY OF CONTRACT CHANGES:
Original Contract Amount:
Increase resulting from Change Order 1:
Decrease resulting from Change Order 1:
Revised Contract Amount including Change Order 1:
$238,700.00
$ 15,763.50
$ 7,353.50
$247,110.00
Issued By:
Approved By:
Accepted By:
7.
SRFCtrS7-r-ING GROUP, INC.
/21/11/il
DATE
70
DA E
COBALT CONTRACTING, INC.
CITY OF EDEN PRAIRIE DATE
H:IProjectsn 6877 021WROOCIChangeOrderl .docx
CITY COUNCIL AGENDA
SECTION: Ordinance and Resolutions
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
City Manager’s Office
ITEM DESCRIPTION:
Amendment to City Code Chapter 2.86,
Relating to Surplus and Found Property
ITEM NO.: VIII.J.
Requested Action
Move to: Approve 2 nd Reading of the Ordinance amending City Code Section 2.86 relating to
surplus and found property and adopt Resolution approving Summary publication.
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.
The first reading was approved on December 6, 2011.
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.
Attachments
Ordinance
Resolution Approving Summary
Ordinance Summary
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 ADO PTING 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 paragra ph 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 ow ner 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 th e 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 es timated 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 cl aim the property from City within 250 days of the date that 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 pur poses 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 Va lue 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 quot ation, the City Manager shall obtain, so
far as practicable, at least two quotations whic h 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 surp lus 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 ex ceed $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 entiret y, by reference, as though repeated verbatim
herein.
Section 5. This Ordinance shall become e ffective 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 adopt ed 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 OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____-2012
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. ____-2012 was adopted a nd ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 17th day of January 2012.
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. ______-2012 is leng thy and/or contains charts.
B. The text of the summary of Ordina nce No. ____-2012, attached hereto, conforms
to M.S. § 331A.01, Subd. 10, and is appr oved, and publication of the title and
summary of the Ordinance will clearly info rm 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 sh all be posted in the City offices.
E. Ordinance No. ____-2012 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 January 17, 2012.
________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 2 -2011
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.86,
SUBDIVISION 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 A
PENATLY PROVISION.
The ordinance amends Chapter 2 of the City Code by amending Section 2.86,
Subdivision 2 to establish a process by which a finder of property may claim found
property deposited with the City.
The ordinance also amends Chapter 2 of the City Code by amending Section 2.86,
Subdivision 3 by changing the value of excess property that may be sold by negotiated
sale, public auction, or sale to the highest bidder.
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
SECTION: Public Hearings
DATE: January 17, 2012
DEPARTMENT/DIVISION:
Community
Development/Planning
Janet Jeremiah/Scott Kipp
ITEM DESCRIPTION:
Notting Hill
ITEM NO.: IX.A.
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit De velopment Concept Review on 9.87 acres; and
Approve 1st Reading of the Ordinance for Plan ned Unit Development District Review with
waivers, and Zoning District Change from Rural to R1-13.5 on 9.87 acres; and
Adopt the Resolution for Preliminary Plat on 9.87 acres into 20 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This is a 20 lot single family subdivision with waivers for lot size, dimension, and setbacks.
Background Information
The 13 waivers for setback, lot size, and lot dimension are the result of a need for additional right of
way for a future improvement to Mitchell Road, the cul de sac on Corral, and the cul de sac for
Notting Hill.
The 120-Day Review Period Expires on February 17, 2012.
Planning Commission Recommendation
The Planning Commission first reviewed this project at November 14, 2011 meeting and voted
to continue the project to look at alternative road options. At the December 12, 2011 meeting the
Commission voted 7-0 to recommen d approval of a plan with no road connection to Corral Lane.
Attachments
1. Resolution – PUD
2. Resolution – Preliminary Plat
3. Staff Report dated 11-10-11
4. Staff Report dated 12-9-11
5. Traffic Study
6. Location Map
7. Land Use Map
8. Zoning Map
9. Aerial photo
10. Planning Commission Minutes dated 11-14-11
11. Planning Commission Minutes dated 12-12-11
12. Letters from property owners
13. Neighborhood Presentation
NOTTING HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012 -___
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF NOTTING HILL
FOR SK PARTNERS LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on November 14,
2011 and December 12, 2011 on Notting Hill by SK Partners LLC and considered their request
for approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS, the City Council did consider the request on January 17, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Notting Hill, being in Hennepin County, Minnesota, legally described as outlined
in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated January 9, 2012.
3. That the PUD Concept meets the recommendations of the Planning Commission
November 14, 2011.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of January,
2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
______________________________
Kathleen A. Porta, City Clerk
EXHIBIT A
PUD Concept- (Notting Hill)
Legal Description:
That part of the Northwest Quarter of the S outhwest Quarter of Section 21, Township 116 North,
Range 22 West of the 5 th Principal Meridian, lying East of the Westerly 663.85 feet, thereof and
North of center line of Shakopee Road, EXCEPT th e East 300.00 feet of the West 963.85 feet of the
Northwest Quarter of the Southwest Quarter of Section 21, Township 116 North, Range 22 West of
the 5 th Principal Meridian, Hennepin County, Minnesota lying Northerly of the center line of County
Road No. 1.
NOTTING HILL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF NOTTING HILL FOR SK PARTNERS LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of SK Partners LLC for Notting Hill stamp dated January 9, 2012, and
consisting of 9.87 acres into 20 lots and right-of-way, a copy of which is on file at the City Hall,
is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting
ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 17th day of January, 2012.
_______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: November 10, 2011
SUBJECT: Notting Hill
APPLICANT: SK Partners, LLC
OWNER: Michael McGraw
LOCATION: 15640 Pioneer Trail
120 DAY REVIEW: February 17, 2012
REQUEST: 1. Planned Unit Development Concept Review on 9.87 acres
2. Planned Unit Development District Review with waivers on 9.87 acres
3. Zoning District Change from Rural to R1-13.5 on 9.87 acres
4. Preliminary Plat of 9.87 acres into 20 single family lots, and road right-
of-way
Staff Report – Notting Hill
November 10, 2011
Page 2
BACKGROUND
The Comprehensive Guide Plan shows the site as Low Density Residential for up to 2.5 units per
acre. Property to the west and north are also Lo w Density Residential. Medium Density occurs
on the east side of Mitchell Road.
The site is zoned Rural. Pr operty to the west and north are R1-13.5 and R1-22, respectively.
The property east of Mitchell Road is RM-6.5.
PRELIMINARY PLAT
The project is a rezoning from Rural to R1-13.5 fo r 20 single-family lots at a net density of 2.3
units per acre meeting city code.
The plat shows 20 lots and road right-of-way.
PURPOSE OF A PLANNED UNIT DEVELOPMENT AND WAIVERS
The purpose of a Planned Unit Development is to: (1) Encourage a more creative and efficient
approach to the use of land in the City; (2) Allow variety in the types of environment available to
the people of the City; (3) Encourage more effi cient allocation and maintenance of privately
controlled common open space through the distribution of overall density of population and
intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the
means for greater creativity and flexibility in environmental design than is provided under the
strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of
this Code while at the same time preserving the health, safety, order, convenience, prosperity,
and general welfare of the City and its inhabitants.
Historically, planned unit development waivers have been used to result in a plan that benefits
the City. In the 70’s the City used PUD waivers as a means to protect environmental features
such as wetlands, lakes, creeks, steep slopes, flood plain, and trees. In the 80’s and 90’s the City
adopted a Shoreland Ordinance, Steep Slope Ordi nance, Floodplain Ordina nce, Tree Ordinance
and Wetland Ordinance to protect these features.
In the 90’s and 2000’s the City used PUD waivers to crea te senior affordable housing, eliminate
incompatible land uses, create affordable housing, and to develop the Town Center.
PLANNED UNIT DEVELOPMENT WAIVERS
The project requires 13 Planned Un it Development (PUD) waivers from the City code related to
lot size, lot frontage, and setbacks.
Lot Size Less than 13,500 square feet
Lot 2, Block 1 – 12,850 sq ft.
Lot 3, Block 1 – 13,181 sq ft.
Lot 7, Block 3 – 13,379 sq ft.
Staff Report – Notting Hill
November 10, 2011
Page 3
Corner Lot Frontage Less than 95 feet
Lot 3, Block 1 – 88 ft.
Lot 1, Block 3 – 85 ft. west side
Lot 1, Block 3 – 85 ft. east side
Front Yard Setback Less than 30 feet
Lot 3, Block 1 – 20 ft.
Lot 1, Block 3 – 20 ft. north side
Lot 1, Block 3 – 25 ft. west side
Lot 2, Block 3 – 25 ft.
Lot 3, Block 3 – 25 ft.
Lot 4, Block 3 – 25 ft.
Lot 5, Block 3 – 25 ft.
The waivers provide the following benefits to the City.
Dedication of additional right-of-way along Mitchell Road for future road improvements.
Dedication of additional right-of-way at the Corral and Notting Hill Road intersection.
A larger drainage and utility easement over the pond and infiltration areas.
Additional room in the rear yards of lots 1 through 5, Block 3.
GRADING AND TREE LOSS
There are 2,017 diameter inches of significant tr ees on the property. Tree loss is 1,128 diameter
inches, or 56%. Tree replacement is 839 calip er inches, meeting this requirement.
DRAINAGE AND UTILITIES
Drainage will include grading, a rain garden, storm sewer and ponding. City sewer and water is
available to the property. The easement th at crosses the property will be vacated.
FLYING CLOUD AIRPORT
The project is adjacent to Flying Cloud Airport. Because of the projected number of aircraft
over-flights to occur in this area, the developer will need to provide a disclosure statement to all
first homeowners in the development advising of the airport and associated over-flights. In
addition, each home will need to be designed and constructed to provide for an interior noise
reduction to 45 dBA based on the Metropolitan Counc il’s Builder Guide. This is similar to
Hennepin Village and The Ridge at Riley Creek developments.
TRAFFIC STUDY
The attached traffic study looked at the amount of traffic using local roads near the proposed
Notting Hill development versus the amount of traffic expected to use these roads after the
proposed Notting Hill development is built (con necting Corral Lane to Mitchell Road via
Notting Hill Road/Banyan Lane).
Staff Report – Notting Hill
November 10, 2011
Page 4
The study indicates that the adjacent local street s, such as Corral Lane and Cedar Ridge Road,
will be well below the 1,000 vehicle per da y threshold recommended for local streets
(Metropolitan Council 2030 Transpor tation Policy Plan – Appendix D: Functional Classification
Criteria) after the roadway connections are made
No mitigation measures or alterations from the proposed Notting Hill plan are recommended.
STAFF RECOMMENDATION
Recommend approval of the following request:
1. Planned Unit Development Concept Review on 9.87 acres.
2. Planned Unit Development District Review with waivers on 9.87 acres.
3. Zoning District Change from Rural to R1-13.5 on 9.87 acres.
4. Preliminary Plat of 9.87 acres into 20 lots and road right-of-way.
This is based on plans stamp dated November 3, 2011, the Staff Report dated November 10,
2011 and the following conditions:
1. Prior to release of the final plat, the proponent shall:
A. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
B. Pay all City sewer and water assessment and connection fees.
2. Prior to grading permit is suance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to any
grading.
3. Prior to building permit issuance for the property, the proponent shall:
A. Submit a tree replacement/landscaping bond, letter of credit, or escrow surety
equivalent to 150% of the cost of the landscaping.
B. Pay the appropriate cash park fee.
4. The following waiver is granted through the PUD for the project:
Lot Size Less than 13,500 square feet
Lot 2, Block 1 – 12,850 sq ft.
Lot 3, Block 1 – 13,181 sq ft.
Lot 7, Block 3 – 13,379 sq ft.
Staff Report – Notting Hill
November 10, 2011
Page 5
Corner Lot Frontage Less than 95 feet
Lot 3, Block 1 – 88 ft.
Lot 1, Block 3 – 85 ft. west side
Lot 1, Block 3 – 85 ft. east side
Front Yard Setback Less than 30 feet
Lot 3, Block 1 – 20 ft.
Lot 1, Block 3 – 20 ft. north side
Lot 1, Block 3 – 25 ft. west side
Lot 2, Block 3 – 25 ft.
Lot 3, Block 3 – 25 ft.
Lot 4, Block 3 – 25 ft.
Lot 5, Block 3 – 25 ft.
STAFF REPORT
TO: Planning Commission
FROM: Scott A. Kipp, Senior Planner
DATE: December 9, 2011
SUBJECT: Notting Hill
APPLICANT: SK Partners, LLC
OWNER: Michael McGraw
LOCATION: 15640 Pioneer Trail
120 DAY REVIEW: February 17, 2012
REQUEST: 1. Planned Unit Development Concept Review on 9.87 acres
2. Planned Unit Development District Review with waivers on 9.87 acres
3. Zoning District Change from Rural to R1-13.5 on 9.87 acres
4. Preliminary Plat of 9.87 acres into 20 single family lots, and road right-
of-way
BACKGROUND
This is a continued item from the November 14, 2011 Planning Commission meeting.
REVISED PLAN
After listening to commission comments, neighborhood concerns, and developer needs, the best
solution is a plan without a road connection to Corral Lane. Both the Corral Lane and Notting
Hill Road cul de sacs will require a custom desi gn appropriate to the existing conditions in the
area. This approach provides a better turn ar ound on Corral for residents and delivery vehicles
while at the same time allowing the developer to maintain the 20 lot plan. Waivers are needed to
accommodate the custom design of the roads and additional right of way needs on Mitchell
Road.
STAFF RECOMMENDATION
Recommend approval of the following request:
1. Planned Unit Development Concept Review on 9.87 acres.
2. Planned Unit Development District Review with waivers on 9.87 acres.
3. Zoning District Change from Rural to R1-13.5 on 9.87 acres.
4. Preliminary Plat of 9.87 acres into 20 lots and road right-of-way.
Staff Report – Notting Hill
December 9, 2011
Page 2
This is based on plans stamp dated December 5, 2011, the Staff Report dated December 9, 2011
and the following conditions:
1. Prior to release of the final plat, the proponent shall:
A. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
B. Pay all City sewer and water assessment and connection fees.
2. Prior to grading permit is suance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to any
grading.
3. Prior to building permit issuance for the property, the proponent shall:
A. Submit a tree replacement/landscaping bond, letter of credit, or escrow surety
equivalent to 150% of the cost of the landscaping.
B. Pay the appropriate cash park fee.
4. The following waiver is granted through the PUD for the project:
Lot Size Less than 13,500 square feet
Lot 1, Block 1 – 13,378 sq ft.
Lot 2, Block 1 – 12,959 sq ft.
Lot 1, Block 3 – 13,093 sq ft.
Lot 7, Block 3 – 13,379 sq ft.
Front Yard Setback Less than 30 feet
Lot 1, Block 1 – 20 ft.
Lot 2, Block 1 – 25 ft.
Lot 1, Block 3 – 20 ft. north side
Lot 1, Block 3 – 20 ft. west side
Lot 2, Block 3 – 20 ft.
Lot 3, Block 3 – 25 ft.
Lot 4, Block 3 – 25 ft.
Lot 5, Block 3 – 25 ft.
Lot Frontage Less Than 95 Feet
Lot 3, Block 1 - 90
3268 Xenwood Avenue South St. Louis Park, MN 55416 952‐378‐5017 www.SpackConsulting.com
Technical Memorandum
To: Randy Newton, P.E., , P.T.O.E., City of Eden Prairie
From: Mike Spack, P.E., P.T.O.E.
Date: November 1, 2011
Re: Traffic Impacts of the Proposed Notting Hill Development
Per your request, this memorandum documents the amount of traffic using local roads near the
proposed Notthing Hill development versus the amount of traffic expected to use these roads
after the proposed Notting Hill development is built (connecting Corral Lane to Mitchell Road via
Notting Hill Road/Banyan Lane). The local roads analyzed are:
Cedar Ridge Road east of Eden Prairie Road
Corral Lane south of Cedar Ridge Road
Plametto Drive north of Pioneer Trail
Proposed Banyan Lane west of Mitchell Road
Traffic Forecasting
There are 21 homes along Cedar Ridge Road, 10 along Corral Lane, and 14 along Palmetto
Drive/Azalea Trail. The Institute of Transportation Engineers’ Trip Generation Manual, 8th Edition
is a compilation of traffic data from existing developments throughout the United States and
provides an average rate of 9.6 vehicle trips generated on a typical weekday for each single family
home (twinhomes generate 5.8 vehicle trips per unit). It is estimated the 45 single family homes
in the neighborhoods generate 435 trips per day. The estimated daily traffic volumes using each
of the three existing study roadways are shown in Figure 1 at the end of this section.
Based on turning movement count data along Eden Prairie Road and Pioneer Trail provided by the
City of Eden Prairie, it’s expected the proposed 20 single family homes (generating approximately
195 daily trips) in Notting Hill will utilize the following distribution pattern:
65% to/from Eden Prairie Road via Cedar Ridge Road/Corral Lane
10% to/from Pioneer Trail via Azalea Trail/Palmetto Drive
25% to/from Mitchell Road via Notting Hill Road/Banyan Lane
Connecting Corral Lane to Mitchell Road (via Notting Hill Road/Banyan Lane) will provide an
alternate route for the existing 45 homes along Cedar Ridge Road, Corral Lane, Azalea Trail, and
Palmetto Drive. Based on the existing traffic patterns on Eden Prairie Road and Pioneer Trail, it’s
expected 25% the vehicles using Palmetto Drive and Azalea Trail will use the new connector road.
It’s also expected 25% of the vehicles currently using Corral Lane and Cedar Ridge Road to access
Eden Prairie Road will use the connector road once it is built to access Mitchell Road.
There are also 30 twinhome units east of Mitchell Road that may find the new connector
attractive for accessing Eden Prairie Road north of Cedar Ridge Road. A conservative estimate is
half of the daily trips generated by these homes (90 vehicle trips/day) will use the connector
Spack Consulting 2 of 2 Notting Hill Traffic Review
route, Corral Lane, and Cedar Ridge Road. These are the “cut‐through” trips that could be
attracted to the neighborhood once the connector is built.
The existing daily traffic volume estimates on each study roadway were adjusted for the expected
changes caused by the Notting Hill development. The resultant daily traffic volumes expected on
each roadway after Notting Hill is built are shown in Figure 1.
Figure 1 – Estimated Daily Traffic Volumes
Traffic Impact Analysis
The physical capacity of a two lane road, such as Corral Lane or Cedar Ridge Road, is estimated to
be 8,000 to 10,000 vehicles per day according to calculations from the Highway Capacity Manual.
However, researchers at the University of California found significant degradation in quality of life
for those living along residential streets that carry more than 1,000 vehicles per day. For this
reason, the Metropolitan Council recommends in the 2030 Transportation Policy Plan – Appendix
D: Functional Classification Criteria that local streets carry less than 1,000 vehicles per day. The
daily traffic volumes will be well below the 1,000 vehicle per day threshold on the local roads
within the study area after the connection is made. No mitigation measures or alterations from
the proposed Notting Hill plan are recommended.
SITE
Mitchell Road
Cove Pointe Road
Pioneer Trail
Corral Lane
Azalea Trail
Palmettor Drive
QR1
QR4
QR1
MITCHELL RDEDEN P R A I R I E R D W SUNRISE CIRCORRAL LN
SUTTON DR
C
O
V
E
POINTE RDE SUNRISE CIRBOULDER P O I N T E R D
PALMETTO DRBRISTOL HLCEDAR RIDGE RD
LARIVIER CTH I L LTOP RDV A LLEY R
D STANBURRY CURVCOTTONWOOD LNAZALEA TRL
C R O C U S L
NB A N Y A
N
LNS U TTON DRPIONEER
T
R
LEDEN PRAIRIE RDSPRING R
D
PIONEER
T
R
L
Red Rock Lake
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Area Location Map - Notting Hill File #2011-19
Address: 15640 Pioneer Trail, Eden Prairie, MN
0 530 1,060265 Feet
SITE
Pioneer Trail
Mitchell Road
Cove Pointe Road
Corral Lane
Azalea Trail
Palmetto Drive
0.25 00.125
Miles
Streams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use GuidePlan Map 2000-2020
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will The City of Eden Prairie be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to The City of Eden Prairie.
M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd
Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03
DATE Revised 01-07-05
DATE Revised 11-07-05
DATE Revised 03-23-06
DATE Revised 06-23-06
DATE Revised 12-06-06
DATE Revised 03-01-07
DATE Revised 06-01-07
DATE Revised 10-01-07
DATE Revised 03-01-08
DATE Revised 03-01-09
Guide Plan Map
Notting Hill File #2011-19
15640 Pioneer Trail
Legend
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
SITE
Mitchell Road
Cove Pointe Road
Corral Lane
Azalea Trail
Palmetto Drive
Pioneer Trail
City of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinance
and attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.20.1
Miles
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will The City of Eden Prairie be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to The City of Eden Prairie.
M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd
Map was Updated/Created: June 11, 2008
Zoning Map
Notting Hill File #2011-19
15640 Pioneer Trail, Eden Prairie MN
SITE
Mitchell Road
Pioneer Trail
Cove Pointe Road
Palmetto Drive
Corral Lane
Azalea Trail
Aerial Map
Notting Hill File #2011-19
15640 Pioneer Trail, Eden Prairie, MN
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, NOVEMBER 14, 2011 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Scott Kipp, Senior Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Lori Creamer, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Acting Chair Schultz called the meeting to order at 7:00 p.m. Stoltz, Pitzrick and Wuttke
were absent.
II. APPROVAL OF AGENDA
MOTION by Lee, seconded by Kirk, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON OCTOBER 24, 2011
MOTION by Lee, seconded by Fyten, to approve the minutes. Motion carried
5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. NOTTING HILL by SK Partners, LLC.
Location: 15640 Pioneer Trail
Request for:
Planned Unit Development Concept on 9.87 acres
Planned Unit Development District Review with waivers on 9.87 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 14, 2011
Page 2
Zoning District Change from Rural to R1-13.5 on 9.87 acres
Preliminary Plat of 9.87 acres into 20 lots and road right of way
Cara Otto, from Otto Associates in Bu ffalo, MN presented the proposal. The
project proponent shared the plan for a 20 lot single family subdivision at 15640
Pioneer Trail.
Acting Chair Schultz opened the meeting up for public input.
Randy Hildreth, no address obtained, aske d the developer about the Sandy Point
sign near the edge of the development.
Richard Smith of 9081 Palmetto Drive asked staff and developer which trees were
going to be cut on the site.
Jennifer Schroer of 15820 Corral Lane repr esenting the Eden Hills Homeowners
Association stated they are not opposed to the project; however, there are many
concerns in connection to Corral Lane. Corral Lane is one of the narrowest
residential roads in Eden Prairie; 25 f eet versus 28 feet, even narrower after an
accumulation of snow fall. There are no street lights so it is very dark, there are
uncontrolled intersections and a 7 ½ % grade at the end of the street. It was
approved to remain as is by the City Council in the 90’s. Corral Lane also
contains a 90 degree bend where the sight line does not allow for the required 246
feet stopping distance. Our neighborhood uses verbal communication to alert
friends and family of the danger of the bend. Now there are new challenges. SK
Partners has proposed a new 20 lot subdi vision including a through connection to
Corral Lane. The City has expressed a pr eference to reduce the number of cul-de-
sacs. According to an independent study the traffic on Corral Lane will increase
by 300%. The uniqueness of the street doesn ’t fall into the ca tegory of regular
streets within the city. We need time to wo rk with SK Partners and City staff to
make some changes to the plan that will benefit both parties and help eliminate
through connection and complete the development on Corral Lane. I am
requesting to continue this item in order to figure out the issues and concerns of
the residents in the neighborhood.
Ken Fricke of 15610 Corral Lane stated he was very concerned. He lives at the
end of Corral Lane and every year with the current grade vehicles, including snow
plows get stuck on the road which has been a nightmare.
Jean Thompson of 15705 Cedar Ridge Rd is concerned for the safety of the
children in the neighborhood. Buses coming through, parents parking on the street
waiting for the bus, others are leaving for work. There are no sidewalks so the
children have to walk on the street, which is dark and unsafe.
Al Krause of 15911 Cedar Ridge Rd is c oncerned about the connection to Corral
Lane. He couldn’t believe the city ha s been considering this option. The
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 14, 2011
Page 3
intersection of Pioneer Trail and Eden Prairie Road has heavy traffic and his
concern is that people will try to avoid the stop sign, turn onto Cedar Ridge Rd
and onto Corral Lane.
Jeff Thielan of 9071 Palmetto Dr wanted to confirm the potential change of
Azalea Lane from the original plan.
Acting Chair Schultz asked staff to address the concerns of the residents.
Rue stated the city tries to connect roads and minimize unnecessary cul-de-sacs
whenever possible. Corral Lane was used as a temporary cul-de-sac with the
intention of being a through street. Staff asked the developer to bring in a concept
plan with 2 connections and an emerge ncy access. Developer came back with a
plan having 3 connections.
Lechelt asked staff if the city was concerned with the width of the Corral Lane
since it is narrower than city standards.
Rue stated the volume of expected traffi c would not be a concern with a narrower
street. However, parking could be an issue.
Lee asked staff how many variances are proposed for this project.
Kipp stated there are 13 PUD waivers from the City code related to lot size, lot
frontage, and setbacks. The benefit for th e City include additional dedication of
right-of-way along Mitchell Rd for future road improvements; dedication of
additional right-of-way at the Corral and Notting Hill Road intersection; a larger
drainage and utility easement over the pond and infiltration areas and additional
room in the rear yards of lots 1 through 5, Block 3.
Acting Chair Schultz asked if commission members had other questions.
Fyten asked if construction at the site would alter the 7 ½ % grade at all.
Rue stated the proposed vertical curve near the corner of Notting Hill Rd and
Corral Lane would soften the grade somewhat.
Kirk asked staff and developer to take a serious look at alternatives to the plan
which would not affect Corral Lane.
Rue stated staff has seen 2 plans. The in itial concept plan included connections to
Mitchell Rd & Corral Lane and the current plan with 3 connections which was
presented tonight.
Acting Chair Schultz asked the proponent to address neighbors concerns.
Otto addressed the connection to Azalea. This option was considered however the
grade would be very challenging to proceed. Azalea was proposed as an
emergency access on one of the plans however that option was not acceptable to
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 14, 2011
Page 4
city staff. The suggestion of adding stop si gns and raising the roadway to a gentler
curve was also discussed. The traffi c study was conducted by an independent
party and paid for by the developer. Th e study showed a lower volume compared
to regular streets. The plan shows reas onable use of the property given the stub
streets. Landscape plan shows trees al ong the west side, some retaining walls,
transplanted trees and a heavy amount of landscaping plant material is also shown
in the plan.
Lee suggested they flip the project around where the cul-de-sac came in through
Banyan which would create only one cul-de-sac in the Notting Hill project and
leave the cul-de-sac on Corral Lane.
Tom Schroer of 15820 Corral Lane asked what the grade will be on the
connecting road. Rue stated 4% at Notting Hill up to 7% on Corral Lane.
Acting Chair Schultz asked proponent and city staff if all possibilities have been
exhausted for the project. Is the plan wh ich was brought before us tonight the best
plan? Rue stated the two options are connection to Corral Lane and connection to
Azalea.
Acting Chair Schultz asked for comments from each of the commission members.
Lee stated he was leaning towards a continuation.
Lechtl stated she was in the same boat with the continuation and asked the staff
and developer to create a different solution. If nothing changed, we would be in
the same situation at the next meeting.
Kirk stated he liked the project and woul d like to see it pass, however with the
issues at Corral Lane he would move towards a continuance as well, making sure
due diligence has been done. Fyten agr eed it was a good project, but felt all
alternatives have not been exhausted. Schultz posed the question has the safety
concerns been met, which seem to be the main concerns of the neighborhood. He
was not comfortable that developer and city staff have done their due diligence.
Todd Simning of SK Parnters, LLC stated unfortunately Krause and Franzen were
not in attendance tonight since they were the two main city staff who worked on
the preliminary project plans. There have been 3-4 different options. There are
easement issues on Sandy Point with regard to the retaining wall, which doesn’t
encroach on their property.
Schultz asked Mr. Simning if this is the first he was made aware of these issues
with the neighborhood. Simning responded yes. He stated he received a call at
4pm today from a resident letting him know he would be attending tonight’s
meeting. Simning stated they held a ne ighborhood meeting back in September to
show the plan and address any concerns/issues the neighbors may have had.
Lee asked if the city had looked at the plan to improve Corral Lane. Kirk agreed
that issue needs to be addressed.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
November 14, 2011
Page 5
MOTION by Kirk, seconded by Fyten, to recommend a continuance to the
November 28, 2011 meeting. Motion carried 5-0.
VII. PLANNERS’ REPORT
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lee, seconded by Lechelt, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 7:50 p.m.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, DECEMBER 12, 2011 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Scott Kipp, Senior Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Lori Creamer, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Schultz was absent. Lechelt and Lee
arrived at 7:05
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 14, 2011
MOTION by Pitzrick, seconded by Kirk, to approve the minutes. Motion
carried 2-0. Stoltz, Wuttke & Pitzrick abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. NOTTING HILL by SK Partners, LLC.
Location: 15640 Pioneer Trail
Request for:
Planned Unit Development Concept on 9.87 acres
Planned Unit Development District Review with waivers on 9.87 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
December 12, 2011
Page 2
Zoning District Change from Rural to R1-13.5 on 9.87 acres
Preliminary Plat of 9.87 acres into 20 lots and road right of way
This was a continued item from the November 14, 2011 Planning Commission
meeting. Cara Otto, from Otto Associat es in Buffalo, MN presented the updated
proposal. She stated after working with City staff they have come up with a
revised plan which takes into consideration the neighborhoods concerns and will
still accomplish a desired outcome for the developer.
Chair Stoltz asked Franzen to take us through the staff report
Franzen stated staff recommends approval based on the recommendation on page
2 of the staff report.
Wuttke asked what the opinion was of fire and police side for public safety
regarding this type of cul-de-sac. Rue stated there is a connection to Azalea as
well as Mitchell Rd.
Chair Stoltz opened the meeting up for public input.
Joan Palmquist of 8905 Cove Point who represented the Sandy Point
Homeowners Association st ated they agreed to the easement suggested by SK
Partners, however, there were some concerns regarding the sediment coming
through the storm drain and entering the lake. Another concern was about the run
off when this area is paved. Rue stated there are two storm water treatment areas
for the project. An infiltration basin will collect some drainage from the adjacent
subdivision and the infiltration treatment pond behind lots 1, 2 & 3 also will treat
water for the subdivisions. Current conditions, the water runs across the property.
Otto used the overhead camera to demons trate where those ponds were located on
the project. There will be a holding pond in the NE corner of the project designed
as a wet pond and small rain water garden and infiltration basin on the site
connecting with existing stub with in Mitchell Road.
Fyten commented this type of cul-de-sac seemed a little unconventional and asked
City staff if there were any other developments within the city which had the
double cul-de-sac such as this one that is being proposed tonight. Rue stated there
are a couple cul-de-sacs which come up to thru roads such as Anderson Lakes
Parkway and Forest Hills Road, however, he was not aware of any like the one
proposed tonight.
Fyten asked about the number of waivers which would be granted in order to
make this project work. Franzen stated the number of waivers had not changed
from the original plan.
Wuttke asked what the length from Cedar Ridge Road on the terminating road is
currently. Rue stated it is over 500 feet. It is one of the older plats in the city and
EDEN PRAIRIE PLANNING COMMISSION MINUTES
December 12, 2011
Page 3
was intended to extend to the North with Cove Point and was never connected.
These two back to back cul-de-sacs are not ideal, however, it was the best plan
based on the feedback received from the Planning Commission and the
neighborhood at last month’s meeting. This is the plan which is being proposed to
address the concerns and as long as there aren’t large trees or landscaping planted,
it could still provide an emergency access if needed. Wuttke stated his concern of
taking away the ingress/egress from a fire aspect it is a long stretch for the large
vehicles in emergency situations and would the emergency vehicles having
another access point to mitigate the risk in case of an emergency.
Kirk commented this design is an inelegant engineering solution and what we
heard from the neighbors it seems to be a reasonable compromise.Stoltz asked
Kirk to sum up the concerns from the neighbors from the previous meeting for
those commission members who were not in attendance. Kirk stated his
recollection of the concerns of the neighbors were the increased traffic on Corral
Lane, the narrow street with little lighting and the major curve and also a grade
issue into Mitchell Rd.
Lechelt added another comment from the neighbors at the previous meeting about
Corral Lane was not going to be touched. Staff and developer were going to look
at other alternative options for this project.
Pitzrick recommended city staff to identify temporary cul-de-sacs with signage so
neighborhoods in the area know is not intended to be a permanent cul-de-sac
since this issue has come up before.
Wuttke asked who would be responsible for improvements at the end of Corral
Lane. Rue stated the cul-de-sac was fit into the right-of-way as a temporary
solution and the redesign of the cul-de-sac will be built by the developer including
curb & gutter.
MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion
carried 7-0.
MOTION by Kirk, seconded by Wuttke, to recommend approval of the Planned
Unit Development Concept Review on 9.87 acres, Planned Unit District Review
with waivers on 9.87 acres, Zoning District Change from Rural to R1-13.5 on
9.87 acres and Preliminary Plat of 9.87 acres into 20 lots and road right-of-way
based on plans stamped dated December 5, 2011 and the staff report dated
December 9, 2011. Motion carried 7-0.
VII. PLANNERS’ REPORT
EDEN PRAIRIE PLANNING COMMISSION MINUTES
December 12, 2011
Page 4
Franzen stated this would be the last meeting this year since the next Planning
Commission meeting falls on December 26 th which is a holiday. The next meeting will be
January 9, 2012.
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lee, seconded by Lechelt, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting was adjourned at 7:25 p.m.
METROPOLITAN AIRPORTS COMMISSION
Minneapolis -Saint Paul International Airport
t 9( 6040 - 28th Avenue South • Minneapolis, MN 55450 -2799
Phone(612) 726 -8100
t
M
t
o N
O F
9
4IR PO RS9
November 9, 2011
Mr. Michael Franzen
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344 -2230
Subject: Community Planning Board Public Hearing
Notting Hill
Dear Mr. Franzen:
The purpose of this letter is to affirm the Metropolitan Airport Commission's (MAC) continuing concern that
future residents of the proposed Notting Hill development are fully cognizant of the proximity of the proposed
development to Flying Cloud Airport, and aware of the activities conducted at Flying Cloud Airport. As the
MAC and the City have discussed on several occasions, it is essential that new residents are aware of the
important role that Flying Cloud Airport serves in the community, as well as its operational activity and
proximity to their new home prior to completing their home buying process.
The Notting Hill site is adjacent to daytime and nighttime flight paths that have been previously reviewed by
the City and evaluated as part of an Environmental Review Process. Additionally, SK Partners is proposing
a new subdivision and requesting a zoning change from Rural to R1 -13.5 which will increase the residential
density to accommodate the 20 new single family homes directly under the flight path for Runway 10L /28R.
Although the Notting Hill area is beyond the federally defined noise area, the proposed residential units may
be beneath and /or adjacent to aircraft flight paths and residents should expect to both see and hear aircraft.
Since this is a potential new development, there should be no expectations, now or in the future, that the
MAC will provide noise mitigation for this new residential development area.
Finally, the MAC has preliminary plans to develop its property at the corner of Pioneer Trail and Mitchell
Road for future retail or commercial uses and has communicated these plans to the City of Eden Prairie.
The MAC is working with the City regarding the necessary and appropriate planning and zoning process for
this development. The developer of the Notting Hill site, SK Partners, and future residents should be aware
of the MAC's proposed plan for development, as well as the proximity of the Notting Hill development area
to Flying Cloud Airport.
Sinc ly,
V; ,. ' ' ,
Roy Puhrmann
Director of Environment
V
The Metropolitan Airports Commission is an affirmative action employer.
www.mspairport.com
Reliever Airports: AIRLAKE • ANOKA COUNTY /BLAINE • CRYSTAL • FLYING CLOUD • LAKE ELMO • SAINT PAUL DOWNTOWN
Wig
14-Nov-11
A Unique Eden Prairie Residential Road
Corral Lane
Corral Lane is:
• One of narrowest residential
roads in EP
25' versus 28'
• 20' 3" drivable
• Even narrower after snow
plowing, —3'
• No streetlights
• Uncontrolled
intersections
• Has 7 /2 grade
at end of street
• Was approved
to remain as is
by the EP City
Council
1
NW-bound view.
MNDOT Road Design Manual design speed
(35nnph) required stopping distance is 246'.
A
14-Nov-11
A Unique Eden Prairie Residential Road
Corral Lane Corral Lane contains 90 deg bend
• Possesses multiple driveway access points
• Sightline does not allow for required 246'
stopping distance.
• Not the MNDOT-recommended 320' radius
2
II ,!; r
L.-a—_
mov____
,
-140,0
///1)-
' t
14-Nov-11
A New Challenge
• SI< Partners has proposed a new 20 lot development of the McGraw property
• Proposal includes a through-connection to Corral Lane
• City of Eden Prairie has expressed a preference to reduce the number of
cul-de-sacs
• Results in a 300% traffic increase on our unique street
• Our neighborhood believes that this substantially reduces the safety of our
street top Corral Lane residents
• No provisions have been included to address these safety concerns
• EP city engineers did not review the increased safety risk posed by higher traffic
flows at the 90 degree bend on Corral in their assessment of Notting Hill
• We need time to work with both
SK Partners & Eden Prairie city
engineers simultaneously
• Each cites the other for
current design aspects
3
Corral
Corral
Facing
Notting
Azalea
I Facing
Corral
Facing
Nottin
Facing
Corral
b.0
0
Azalea txo
Banyan
Banyan
14-Nov-11
An Improved Proposal
Current Plan Palmetto Drive Precedent
Maintain same layout, except
• Rotate 180 0 two north-most units
• Access from Corral Lane
(Palmetto Drive precedent)
• Notting Hill Development
• Maintains 2 access roads
Banyan Lane & Azalea Trail
• Alleviates safety risk at new
intersection
• Plan creates a new tight 90°
bend (near driveways)
• Alleviates safety risk on Corral
Lane
• One of narrowest, unlit,
curved residential EP roads
4
METROPOLITAN A • II ORTS COMMISSION
Minneapolis-Saint Paul International Airport
6040 - 28th Avenue South Minneapolis, MN 55450-2799
Phone (612) 726-8100
January 12, 2012
Mr. Scott Kipp
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Subject: City Council Public Hearing
Notting Hill
Dear Mr. Kipp:
The purpose of this letter is to affirm the Metropolitan Airport Commission's (MAC) continuing
concern that future residents of the proposed Notting Hill development are fully cognizant of the
proximity of the proposed development to Flying Cloud Airport, and aware of the activities conducted
at Flying Cloud Airport.
First, the MAC has preliminary plans to develop its property at the corner of Pioneer Trail and
Mitchell Road for future retail or commercial uses and has communicated these plans with the City of
Eden Prairie. The MAC is working with the city regarding the necessary and appropriate planning and
zoning process for this development. The developer of the Nothing Hill site, SK Partners and future
residents, should be aware of the MAC 's proposed plan for development.
Second, as the City is well aware, aircraft operations at the Flying Cloud Airport have declined over
the past number of years, however, this trend may not continue into the future. The Notting Hill site is
adjacent to daytime and nighttime flight paths which have been previously reviewed by the city and
evaluated as part of an Environmental Review Process.
Additionally, SK Partners is proposing a new subdivision and requesting a zoning change from Rural
to R1-13.5 which will increase the residential density to accommodate the 20 new single family homes
directly under the flight path for Runway 10L/28R.
Although the Notting Hill area is beyond the federally defmed noise area, the proposed residential
units may be beneath and/or adjacent to aircraft flight paths and residents should expect to both see
and hear aircraft. Since this is a potential new development, there should be no future expectations,
now or in the future, that MAC will provide noise mitigation for this new residential development
area.
As MAC and the city have discussed and collectively agreed on several occasions, it is essential that
new residents are aware of the important role that the Flying Cloud Airport serves in the community,
as well as its operational activity and proximity to their new home prior to completing their home
buying process.
Roy Ffhrthann
Director of Environment
The Metropolitan Airports Commission is an affirmative action employer.
www.mspairport.com
Reliever Airports: ALRLAKE • ANOKA COUNTY/BLA1NE • CRYSTAL • FLYING CLOUD • LAKE ELMO • SAINT PAUL DOWNTOWN
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE: January 17, 2012
DEPARTMENT/DIVISION:
Community
Development/Planning
Janet Jeremiah/Regina Rojas
ITEM DESCRIPTION:
Duck Lake Vista 2 nd Addition
ITEM NO.: IX.B.
Requested Action
Move to:
Close the Public Hearing; and
Adopt the Resolution for Planned Unit De velopment Concept Review on 1.15 acres; and
Approve 1st Reading of the Ordinance for Pl anned Unit Development District Review, and
Zoning District Amendment within th e R1-13.5 Zoning District on 1.15 acres; and
Adopt the Resolution for Preliminary Plat on 1.15 acres into 2 lots; and
Direct Staff to prepare a Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
Synopsis
This is for a subdivision of one lot into two lots. The existing house will remain. The plan meets
the setback requirements in the R1-13.5 zoning district.
Background Information
The plan requires a waiver for the shared driv eway. The shared driveway is required since
Hennepin County does not want another drivew ay access on Eden Prairie Road for safety
reasons.
The 120-Day Review Period Expires on March 3, 2012
Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of th e project at the December 12,
2011 meeting.
Attachments
1. Resolution PUD Concept
2. Resolution Preliminary Plat
3. Staff Report
4. Location Map
5. Land Use Map
6. Zoning Map
7. Aerial Map
8. PC Minutes from December 12, 2011
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-__
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF DUCK LAKE VISTA 2ND ADDITION
FOR JAPHET LUDVIK KAKACH
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned
Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on December 12,
2011, on Duck Lake Vista 2 nd Addition by Japhet Ludvik Kakach and considered their request
for approval of the PUD Concept plan and recommended approval of the request to the City
Council; and
WHEREAS, the City Council did consider the request on January 17, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Duck Lake Vista 2 nd Addition, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated November 4, 2011.
3. That the PUD Concept meets the recommendations of the Planning Commission
December 12, 2011.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of January 2012.
_______________________
Nancy Tyra-Lukens, Mayor
ATTEST:
_______________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept- (DUCK LAKE VISTA 2 ND ADDITION)
Legal Description:
Lot 1, Block 1 Duck Lake Vista
DUCK LAKE VISTA 2ND ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-___
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF DUCK LAKE VISTA 2ND ADDITION FOR JAPHET LUDVIK KAKACH
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Duck Lake Vista 2 nd Addition for Japhet Ludvik Kakach stamp
dated November 4, 2011, and consisting of 1.15 acres into two lots, a copy of which is on file at
the City Hall, is found to be in conformance w ith the provisions of the Eden Prairie Zoning and
Platting ordinances, and amendments thereto, and is herein approved.
ADOPTED by the Eden Prairie City Council on the 17 th day of January, 2012.
_______________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen A. Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Regina Rojas, Planner II
DATE: December 9, 2011
SUBJECT: Duck Lake Vista 2 nd Addition
APPLICANT: April Alm
OWNER: Jeff Kakach
LOCATION: 7000 Eden Prairie Road
120 DAY REVIEW: March 3, 2012
REQUEST: 1. Planned Unit Development Concept Review on 1.15 acres
2. Planned Unit Development District Review with waivers on 1.15 acres
3. Zoning District Amendment within the R1-13.5 Zoning District on 1.15
acres
4. Preliminary Plat of 1.15 acres into 2 single family lots
Staff Report – Duck Lake Vista 2 nd Addition
December 9, 2011
Page 2
BACKGROUND
The Comprehensive Guide Plan shows the site as Low Density Residential for up to 2.5 units per
acre. Surrounding property is Low Density Reside ntial. The property is zoned R1-13.5. The
surrounding property is R1-13.5 a nd R1-22. Twin Cities and Western Railroad abuts the
property along the north. Th ere is an existing house a nd garage located on Lot 2.
PRELIMINARY PLAT
The plat shows 2 single-family lots. Lot one is 24,049 square feet and Lot two is 25,901 square
feet, exceeding the minimum 13,500 square foot requirement. The existing house on Lot two
meets the setback requirements for the R1-13.5 z oning district. The proposed house on Lot one
meets the setback requirements for the R1-13.5 zoning district.
PLANNED UNIT DEVELOPMENT WAIVER
A PUD waiver is required for a shared drivew ay. The approved 1979 Duck Lake Vista plan
included a shared driveway for the two existing lots.
A private cross-access easement agreement will be required for the driveway. The agreement
must also address maintenance of the driveway.
GRADING AND TREE LOSS
There are 472.5 diameter inches of significan t trees on the property. Tree loss due to
construction is calculated at 16%, or 78 diameter inches. Tree replacement is 17 diameter
inches. The tree replacement plan shows 9 seven foot trees meeting this requirement.
WETLANDS
The project meets the required wetland buffers and wetland setbacks. The wetland will be
protected by a conservation easement.
STAFF RECOMMENDATION
Recommend approval of the following request:
1. Planned Unit Development Concept Review on 1.15 acres.
2. Planned Unit Development District Review with waivers on 1.15 acres.
3. Zoning District Amendment within th e R1-13.5 Zoning District on 1.15 acres.
4. Preliminary Plat of 1.15 acres into 2 lots.
This is based on plans stamp dated November 4, 2011, the Staff Report dated December 9, 2011
and the following conditions:
1. Prior to release of the final plat, the proponent shall:
Staff Report – Duck Lake Vista 2 nd Addition
December 9, 2011
Page 3
A. Submit detailed storm water runoff, utility, and erosion control plans for review and
approval by the City Engineer and Watershed District.
B. Pay all City sewer and water assessment and connection fees.
2. Prior to grading permit is suance, the proponent shall:
A. Notify the City and Watershed District 48 hours in advance of grading.
B. Install erosion control on the property, as well as tree protection fencing at the
grading limits in the wooded areas for trees to be preserved as part of the
development. Said fencing shall be field inspected by the City Forester prior to any
grading.
3. Prior to building permit issuance for the property, the proponent shall:
A. Submit a tree replacement/landscaping bond, letter of credit, or escrow surety
equivalent to 150% of the cost of the landscaping.
B. Pay the appropriate cash park fee.
4. The following waiver is granted through the PUD for the project:
A. Shared driveway.
SITE
Eden Prairie Road
Hillcrest Lane
Alpine Trail
North Hillcrest Lane
Bay Drive
QR4
N HILLCREST CTALPINE TRLHILLCREST LNBAY DRALPINE WAY
S HILLCREST CT
BAYWOOD LN
BAYWOOD TEREDEN PRAIRIE RDDuck Lake
¯
Area Location Map - Duck Lake Vista 2nd Addition
Address: 7000 Eden Prairie Road, Eden Prairie, MN 55346
0 350 700175 Feet
Duck Lake
SITE
Duck Lake
Alpine Trail
Hillcrest Lane
North Hillcrest Court
Bay Drive
Eden Prairie Road
0.25 00.125
Miles
Streams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use GuidePlan Map 2000-2020
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will The City of Eden Prairie be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to The City of Eden Prairie.
M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd
Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03
DATE Revised 01-07-05
DATE Revised 11-07-05
DATE Revised 03-23-06
DATE Revised 06-23-06
DATE Revised 12-06-06
DATE Revised 03-01-07
DATE Revised 06-01-07
DATE Revised 10-01-07
DATE Revised 03-01-08
DATE Revised 03-01-09
Guide Plan Map
Duck Lake Vista 2nd Addition
7000 Eden Prairie Road, Eden Prairie, MN
Rural Residential 0.10 Units/Acre
Low Density Residential 0-2.5 Units/Acre
Low Density/Public/Open Space
Medium Density residential 2.5-10 Units/Acre
Medium Density Residential/Office
High Density Residential 10-40 Units/Acre
Airport
Office
Office/Industrial
Office/Public/Open Space
Industrial
Neighborhood Commercial
Community Commercial
Regional Commercial
Town Center
Park/Open Space
Public/Quasi-Public
Golf Course
Church/ Cemetary
Open Water
Right-Of-Way
SITE
Alpine Trail
Eden Prairie Road
North Hillcrest Court
Bay Drive
Duck Lake
South Shore Lane
Hillcrest Lane
City of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinance
and attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.10.05
Miles
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will The City of Eden Prairie be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to The City of Eden Prairie.
M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd
Map was Updated/Created: June 11, 2008
Zoning Map
Duck Lake Vista 2nd Addition
7000 Eden Prairie Road, Eden Prairie MN
SITE
Eden Prairie Road
Alpine Trail
Hillcrest Lane
Bay Drive
North Hillcrest Court
QR4
ALPINE TRLHILLCREST LNBAY DRN HILLCREST CT
A
L
P
IN
E WAYBA
Y
W
O
O
D
T
E
R EDEN PRAIRIE RDDuck Lake
¯
Aerial Map - Duck Lake Vista 2nd Addition
Address: 7000 Eden Prairie Road, Eden Prairie, MN 55346
0 250 500125 Feet
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, DECEMBER 12, 2011 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Matt Fyten, John Kirk, Katie Lechelt, Jacob Lee,
Jerry Pitzrick, Kevin Schultz, Jon Stoltz, Travis
Wuttke
STAFF MEMBERS: Scott Kipp, Senior Planner
Rod Rue, City Engineer
Stu Fox, Manager of Parks and Natural Resources
Lori Creamer, Recording Secretary
I. PLEDGE OF ALLEGIANCE – ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Schultz was absent. Lechelt and Lee
arrived at 7:05
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Wuttke, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON NOVEMBER 14, 2011
MOTION by Pitzrick, seconded by Kirk, to approve the minutes. Motion
carried 2-0. Stoltz, Wuttke & Pitzrick abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. DUCK LAKE VISTA 2ND ADDITION by April Alm.
Location: 7000 Eden Prairie Road.
Request for:
Planned Unit Development Concept on 1.15 acres
Planned Unit Development District Review with waivers on 1.15 acres
EDEN PRAIRIE PLANNING COMMISSION MINUTES
December 12, 2011
Page 2
Zoning District Amendment within the R1-13.5 Zoning District on 1.15 acres
Preliminary Plat of 1.15 acres into two lots
Dean Johnson of 7455 Fernbrook Lane, Ma ple Grove; represents the owners
daughter, April Alm for the property at 7000 Eden Prairie Road. Johnson stated
they were looking to split the lot into two single family homes.
Franzen stated staff recommends approval according to the recommendation on
pages 2 & 3 of the staff report.
Wuttke asked staff what the basis was for the PUD waivers. Franzen stated the
PUD waivers were for the shared driveway access on a county road.
MOTION by Wuttke, seconded by Lee, to close the public hearing. Motion
carried 7-0.
MOTION by Wuttke, seconded by Lee to recommend approval of the
Planned Unit Development Concep t on 1.15 acres, Planned Unit
Development District Review with waivers on 1.15 acres, Zoning District
Amendment within the R1-13.5 Zoning District on 1.15 acres and
Preliminary Plat of 1.15 acres into tw o lots based on plans stamped dated
November 4, 2011 and the staff report dated December 9, 2011. Motion
carried 7-0.
VII. PLANNERS’ REPORT
Franzen stated this would be the last meeting this year since the next Planning
Commission meeting falls on December 26 th which is a holiday. The next meeting will be
January 9, 2012.
VIII. MEMBERS’ REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lee, seconded by Lechelt, to adjourn the meeting. Motion carried
7-0.
There being no further business, the meeting was adjourned at 7:25 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Sue Kotchevar, Office of the
City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.: X.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 215452 – 215774
Wire Transfers 1000076 - 1000124
Wire Transfers 4368 – 4376
4369 November Purchasing Card
City of Eden Prairie
Council Check Summary
1/17/2012
Division Amount Division Amount
General 7,579 601 Prairie Village Liquor 104,986
100 City Manager 1,651 602 Den Road Liquor 154,824
101 Legislative 2,683 603 Prairie View Liquor 115,962
110 City Clerk 75 605 Den Road Building 1,384
111 Customer Service 6,158 701 Water Fund 66,519
112 Human Resources 335 702 Sewer Fund 331,664
113 Communications 300 703 Storm Drainage Fund 7,936
114 Benefits & Training 158 Total Enterprise Funds 783,276
131 Finance 174
132 Housing and Community Services 2,565 803 Escrow Fund 1,667
136 Public Safety Communications 1,699 806 SAC Agency Fund 53,520
137 Economic Development 1,004 807 Benefits Fund 23,292
138 Community Development Admin. 34 812 Fleet Internal Service 34,754
151 Park Maintenance 7,445 813 IT Internal Service 14,938
152 Parks Capital Outlay 887 814 Facilities Capital ISF 8,789
153 Organized Athletics 3,350 815 Facilites Operating ISF 34,080
154 Community Center 10,774 816 Facilites City Center ISF 20,508
156 Youth Programs 845 817 Facilites Comm. Center ISF 29,066
157 Special Events 107 Total Internal Service Funds 220,613
158 Senior Center 912
159 Recreation Administration 300 Re p ort Total s 2,611,533
160 Therapeutic Recreation 267
161 Oak Point Pool 1,325
162 Arts 708
163 Outdoor Center 140
166 CC-Therapeutic Recreation 49
167 CC-Youth Programs 35
168 Arts Center 641
180 Police 26,862
183 Emergency Preparedness 76
184 Fire 24,114
186 Inspections 360
200 Engineering 2,349
201 Street Maintenance 9,209
Total General Funds 115,171
301 CDBG 41,981
303 Cemetary Operation 350
304 Senior Board 370
308 E-911 847
309 DWI Forfeiture 349
317 Eden Prairie Players 108
Total Special Revenue Funds 44,006
424 G.O. Improvement Bonds 2003D 184,706
428 G.O. Improv. Revolving 2005B 36,400
429 G.O. Improvement Bonds 2005C 101,573
430 G.O. Improvement Bonds 2006A 749,731
431 G.O. Improvement Bonds 2006B 257,285
433 2007A Facility Lease-3rd Rink 97,185
Total Debt Service Funds 1,426,880
315 Economic Development 595
502 Park Development 10,000
509 CIP Fund 738
512 CIP Trails 542
520 Parks Referendum 1,910
521 Trails Referendum 427
522 Improvement Projects 2006 7,376
Total Capital Projecr Funds 21,587
City of Eden PrairieCouncil Check Register1/17/2012Check # Amount Vendor / Explanation Account Description Business Unit Explanation4375 1,020,589 WELLS FARGO BANK MINNESOTA NA Interest G.O. Improvement Bonds 2006B Bond Payment215524 314,449 METROPOLITAN COUNCIL ENVIRONME MCES User Fee Sewer Utility - General Monthly MCES Payment4374 184,706 US BANK TRUST NATIONAL ASSN Interest G.O. Improvement Bonds 2003D Bond Payment4371 124,400 NORTHLAND SECURITIES INC Bond Proceeds G.O. Improvement Bonds 2006A Bond Payment4376 97,185 WELLS FARGO BANK MINNESOTA NA Bank Reserve 2007A Facility Lease-3rd Rink215690 52,985 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund215674 47,212 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store215512 35,884 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store215764 31,171 WIRTZ BEVERAGE MINNESOTA Transportation Prairie View Liquor Store4369 26,993 US BANK November Purchasing Card Payment1000078 26,302 CENTERPOINT ENERGY SERVICES IN Gas Water Treatment Plant1000123 22,129 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating215567 21,288 THORPE DISTRIBUTING Misc Taxable Prairie Village Liquor Store215641 19,525 DIVERSE BUILDING MAINTENANCE Janitor Service Arts Center215585 19,434 WIRTZ BEVERAGE MINNESOTA Wine Domestic Den Road Liquor Store215754 18,374 VR BUILDERS Other Contracted Services Rehab215740 16,839 STREICHERS Operating Supplies Animal Control1000093 16,689 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store1000118 16,567 QUALITY WINE & SPIRITS CO Transportation Prairie View Liquor Store215586 15,340 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store215735 15,273 SOUTHERN WINE & SPIRITS OF MN Transportation Prairie View Liquor Store215490 14,870 FOREST LAKE CONTRACTING INC Other Contracted Services Sewer Capital215716 13,081 PHILLIPS WINE AND SPIRITS INC Beer Prairie View Liquor Store215501 12,544 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006215700 11,967 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant215508 11,576 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store215593 11,493 PRAIRIEVIEW RETAIL LLC Prepaid Expenses Prairie View Liquor Store215543 11,032 PHILLIPS WINE AND SPIRITS INC Transportation Prairie View Liquor Store215557 10,927 SOUTHERN WINE & SPIRITS OF MN Transportation Prairie Village Liquor Store215669 10,901 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie View Liquor Store215744 10,121 THORPE DISTRIBUTING Misc Taxable Prairie View Liquor Store215765 10,012 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie View Liquor Store215537 10,000 PASS FENCING Improvements to Land Park Acquisition & Development215772 8,851 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits215731 8,789 SIGNSOURCE Other Contracted Services Facilities Capital215774 8,788 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits215718 8,787 PROP Refunds CDBG - Public Service215458 8,054 AMERICAN WATER WORKS ASSOCIATI Dues & Subscriptions Utility Operations - General215545 8,004 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Park Shelters1000081 7,969 EMERGENCY APPARATUS MAINTENANC Equipment Repair & Maint Fire215761 7,814 WINE MERCHANTS INC Transportation Prairie View Liquor Store215561 7,560 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant215498 6,896 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1215579 6,842 VR BUILDERS Other Contracted Services Rehab215662 6,840 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire215613 6,184 BELLBOY CORPORATION Transportation Prairie View Liquor Store1000103 6,171 DAY DISTRIBUTING Misc Taxable Prairie View Liquor Store215656 6,094 GRAYMONT Treatment Chemicals Water Treatment Plant
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215455 5,751 ADVANCED ENGINEERING & ENVIRON Process Control ServicesWater Treatment Plant1000079 5,604 CERIDIANCeridianIT Operating1000080 5,545 DAY DISTRIBUTINGMisc TaxablePrairie Village Liquor Store215539 5,022 PAUSTIS & SONS COMPANYWine ImportedPrairie Village Liquor Store215583 4,700 WINE MERCHANTS INCTransportationPrairie View Liquor Store215596 4,610 VR BUILDERSOther Contracted ServicesRehab215463 4,426 BELLBOY CORPORATIONLiquorDen Road Liquor Store215773 3,630 MADISON NATIONAL LIFEDisability Ins EmployersHealth and Benefits1000076 3,618 A-SCAPE INCContract Svcs - Snow RemovalDen Bldg. - CAM215589 3,537 XCEL ENERGYElectricRound Lake1000095 3,434 VAN PAPER COMPANYCleaning SuppliesSenior Center1000084 3,315 G & K SERVICESClothing & UniformsPark Maintenance215665 3,312 HOHENSTEINS INCBeerPrairie View Liquor Store215652 3,230 GOODPOINTE TECHNOLOGYSoftware MaintenanceIT Operating215642 3,161 DPC INDUSTRIES INCTreatment ChemicalsWater Treatment Plant215497 3,070 GRAYMONTTreatment ChemicalsWater Treatment Plant215694 2,874 MIDWEST COCA COLA BOTTLING COM Misc TaxablePrairie View Liquor Store1000088 2,867 METRO SALES INCORPORATED*Other RentalsCustomer Service215620 2,537 BLOOMINGTON, CITY OFKennel ServicesAnimal Control215500 2,500 HAMLINE UNIVERSITYDues & SubscriptionsStorm Drainage215688 2,500 MEALS ON WHEELSOther Contracted ServicesHousing and Community Service1000108 2,335 GENUINE PARTS COMPANYEquipment PartsFleet Operating215756 2,316 WALL TRENDS INCContract Svcs - General BldgPark Shelters215578 2,242 VINOCOPIATransportationPrairie Village Liquor Store1000105 2,239 EMERGENCY APPARATUS MAINTENANC Equipment Repair & MaintFire215644 2,155 EARL F ANDERSEN INCSignsPark Maintenance215713 2,089 PAUSTIS & SONS COMPANYTransportationPrairie View Liquor Store215609 2,080 BAUER BUILT TIRE AND BATTERYTiresFleet Operating215760 1,985 WINE COMPANY, THETransportationPrairie View Liquor Store215461 1,954 BARR ENGINEERING COMPANYOther Contracted ServicesStorm Drainage1000124 1,942 ZIEGLER INCCapital Under $10,000Street Maintenance215548 1,939 PROSOURCE SUPPLYCleaning SuppliesFitness/Conference - Cmty Ctr4373 1,879 GENESIS EMPLOYEE BENEFITS, INCOther Contracted ServicesHealth and Benefits215771 1,868 FOOD SERVICE WAREHOUSE .COMRepair & Maint. SuppliesFF&E - Furn, Fixtures & Equip.215726 1,850 SABLE HOME IMPROVEMENT & REPAI Other Contracted ServicesRehab215742 1,849 SURLY BREWING COBeerPrairie View Liquor Store215658 1,800 GUNNAR ELECTRIC CO INCContract Svcs - ElectricalIce Arena Maintenance1000101 1,792 CDW GOVERNMENT INC.MiscellaneousIT Operating215506 1,792 INTERNATIONAL UNION OF OPERATIUnion Dues WithheldGeneral Fund215582 1,719 WINE COMPANY, THETransportationPrairie Village Liquor Store1000116 1,668 PETERSON BROS ROOFING AND CONSContract Svcs - RoofFire Station #1215677 1,660 KEEPERSClothing & UniformsFire215571 1,598 TOTAL REGISTEREquipment Repair & MaintDen Road Liquor Store215708 1,479 NOVOTX LLCProcess Control ServicesUtility Operations - General215717 1,440 PRAIRIE ELECTRIC COMPANYBuilding Repair & Maint.Water Treatment Plant215470 1,424 CARPET RESOURCES INCOther Contracted ServicesRehab215466 1,395 BOMA MINNEAPOLISDues & SubscriptionsFacilities Staff215657 1,358 GREENSIDE INCContract Svcs - Snow RemovalFire Station #1215591 1,344 ZIEM'S CARPET WORKROOM INCOther Contracted ServicesPrairie Village Liquor Store215687 1,289 MCQUAY INTERNATIONALContract Svcs - HVACCity Center Operations1000085 1,260 GRAINGERSupplies - ElectricalCity Hall - CAM215698 1,191 MN DEPT OF TRANSPORTATIONTesting - Soil BoringImprovement Projects 2006
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215485 1,180 ESS BROTHERS & SONS INCEquipment Repair & MaintTraffic Signals215575 1,170 UNIVERSITY OF MINNESOTAConference ExpenseEngineering215719 1,150 PRUHS, REIDOther Contracted ServicesVolleyball1000091 1,129 PETERSON BROS ROOFING AND CONSContract Svcs - RoofPublic Works/Parks215492 1,102 GE CAPITALOther RentalsCustomer Service215457 1,095 AMERICAN RED CROSSLicenses, Permits, TaxesOak Point Operations215477 1,092 CUSTOM HOSE TECHEquipment PartsFleet Operating1000121 1,081 VAN PAPER COMPANYCleaning SuppliesCity Hall - CAM215664 1,078 HOBARTSupplies - Garden RoomGarden Room Repairs215576 1,050 US HEALTH WORKS MEDICAL GRP MN Health & FitnessFire215699 1,050 MN TRANSPORTATION ALLIANCEDues & SubscriptionsEngineering215563 1,040 STREICHERSClothing & UniformsPolice1000122 1,031 VISTAR CORPORATIONMerchandise for ResaleConcessions215768 1,030 XCEL ENERGYElectricPrairie Village Liquor Store215712 1,024 PAUL'S TWO-WAY RADIOOther Contracted ServicesPublic Safety Communications215685 1,000 MARKETLINE RESEARCH, CORPOther Contracted ServicesEconomic Development215520980 LYNN & ASSOCIATESMiscellaneousAdministration1000106966 FASTENAL COMPANYSafety SuppliesFleet Operating1000109927 GRAINGERSupplies - ElectricalCity Hall - CAM215565918 SYMBOLARTSOperating SuppliesFire1000077900 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating215544899 PITNEY BOWESPostageCustomer Service215513890 JT ARCHITECTURAL SALES LLCSupplies - ElectricalPark Shelters215670887 JOHN DEERE LANDSCAPES/LESCOImprovements to LandCapital Outlay Parks215515881 KEEPERSClothing & UniformsPolice215707835 NOVAK STUMP REMOVALOther Contracted ServicesTree Removal215654833 GRANICUS INCSoftware MaintenanceIT Operating215627831 CENTURYLINKProcess Control ServicesWater Treatment Plant1000086810 JEFFERSON FIRE & SAFETY INCOperating SuppliesFire1000089809 NEW FRANCE WINE COMPANYTransportationPrairie View Liquor Store1000113796 MCNEILUS STEEL INCEquipment PartsFleet Operating215504765 INNOVATIVE GRAPHICSClothing & UniformsPolice215693750 MIDWEST ASPHALT CORPORATIONDepositsEscrow215769725 XTREME INTEGRATIONProcess Control EquipmentWater Treatment Plant215630712 CHISAGO LAKES DISTRIBUTINGBeerPrairie Village Liquor Store215502700 HENNEPIN COUNTY I/T DEPTSoftware MaintenanceIT Operating1000100662 CATCO PARTS SERVICEEquipment PartsFleet Operating215615648 BERRY COFFEE COMPANYMerchandise for ResaleConcessions1000104643 ELECTRIC PUMPEquipment PartsSewer Liftstation215603637 ASCAPLicenses, Permits, TaxesArts215598635 6G RANCH LLCDepositsEscrow215633633 CONCRETE CUTTING & CORING INCSmall ToolsStreet Maintenance1000119624 STATE SUPPLY COMPANYSupplies - PlumbingPublic Works/Parks215495611 GOPHER STATE ONE-CALLOCS-Leak DetectionUtility Operations - General215499595 GUARANTY COMMERCIAL TITLE INCLicenses, Permits, TaxesEconomic Development Fund215628583 CENTURYLINKMaintenance ContractsE-911 Program215646581 FERRELLGASGasDorenkemper House215560563 SPRINTWireless SubscriptionIT Operating215617562 BIFFS INCWaste DisposalPark Maintenance215689554 MENARDSRepair & Maint. SuppliesDunn Brothers215550526 REINDERS INCSupplies - Snow RemovalCity Hall - CAM215666516 HYDRO-VAC INCEquipment Repair & MaintSewer System Maintenance
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215476499 CUSHMAN MOTOR COMPANY INC.Equipment PartsFleet Operating215675494 JOHNSTONE SUPPLYSupplies - HVACPolice City Center215577480 VARGAS, JOSHUA AOther Contracted ServicesBasketball215728480 SCHIPULL, JEFFOther Contracted ServicesBasketball215695475 MINNESOTA DEPT OF PUBLIC SAFETOffice SuppliesCustomer Service1000120474 UNIQUE PAVING MATERIALSAsphalt OverlayWater System Maintenance215746472 TKO WINES, INCWine ImportedPrairie Village Liquor Store215623458 BOURGET IMPORTSTransportationPrairie View Liquor Store215467452 BOURGET IMPORTSTransportationPrairie View Liquor Store215755451 WACONIA FARM SUPPLYSafety SuppliesPark Maintenance215745450 THREE RIVERS PARK DISTRICTOther Contracted ServicesEnvironmental Education215503449 HOME DEPOT CREDIT SERVICESSupplies - General BldgPark Shelters215653441 GRAND PERE WINES INCTransportationPrairie Village Liquor Store215741438 SUPERIOR WINE IMPORTSWine ImportedPrairie View Liquor Store215752436 VERIZON WIRELESSPager & Cell PhonePark Maintenance215551435 REYNOLDS, ROBTelephonePolice215691429 METROPOLITAN FORDEquipment PartsFleet Operating215536425 OPPORTUNITY PARTNERSJanitor ServiceCity Hall - CAM215722422 REBS MARKETINGOther Contracted ServicesEnvironmental Education215496417 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store215650416 GETTMAN COMPANYMisc TaxablePrairie View Liquor Store215588405 WORLD WIDE CELLARS INCTransportationPrairie View Liquor Store215631384 CHRISTIANSEN, MIKEOther Contracted ServicesBasketball1000082379 FASTENAL COMPANYEquipment PartsFleet Operating1000111378 LAB SAFETY SUPPLY INCOffice SuppliesCustomer Service215547375 PROPUnited Way WithheldGeneral Fund215517363 LANO EQUIPMENT INCEquipment PartsFleet Operating215595360 UNIVERSITY OF MINNESOTAConference ExpenseInspections-Administration215704356 MPX GROUP, THEPrintingDay Care215640350 DIETHELM, TAMMY LOther Contracted ServicesPleasant Hill Cemetery215770348 YOUNG, JASONAR UtilityWater Enterprise Fund215679346 KNOLL INCSupplies - General BldgFitness/Conference - Cmty Ctr215634341 CONSTRUCTION MATERIALS INCBuilding MaterialsStreet Maintenance215659336 GYM WORKSEquipment Repair & MaintFitness Center215526334 MIDWEST COCA COLA BOTTLING COM Misc TaxablePrairie Village Liquor Store215568333 TKO WINES, INCWine ImportedPrairie Village Liquor Store215655327 GRAPE BEGINNINGSTransportationPrairie Village Liquor Store215554326 ROTO-ROOTERContract Svcs - PlumbingFitness/Conference - Cmty Ctr215601325 AMERICAN RED CROSSLicenses, Permits, FeesOak Point Lessons215743320 SWEDLUND SEPTIC SERVICES INCWaste DisposalPark Maintenance215739318 STAPLES ADVANTAGEOffice SuppliesCustomer Service215534315 NORTH CENTRAL LABORATORIESLaboratory ChemicalsWater Treatment Plant215472311 CENTURYLINKTelephoneE-911 Program215597310 3D SPECIALTIESOperating SuppliesTraffic Signals215573303 UNIFORMS UNLIMITEDClothing & UniformsPolice215549290 QUALITY PROPANEMotor FuelsIce Arena Maintenance215522290 MENARDSRepair & Maint. SuppliesUtility Operations - General215516288 KRAMER, TRENT COther Contracted ServicesBasketball215684288 LOGISNetwork SupportIT Operating1000112287 MATHESON TRI-GAS INCEquipment Repair & MaintSewer System Maintenance215648287 FRONTIER PRECISION INCEquipment Repair & MaintIT Operating1000099284 BOUNDLESS NETWORKOperating SuppliesIce Rink #1
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215529282 MINNESOTA SAFETY SERVICES LLCTraining SuppliesPool Lessons215637282 CUSTOM HOSE TECHEquipment PartsFleet Operating215622280 BOMA MINNEAPOLISDues & SubscriptionsFacilities Staff215702280 MPELRAConference ExpenseHuman Resources215758276 WATSON CO INC, THEMerchandise for ResaleConcessions215614270 BERNICK'S WINEBeerPrairie View Liquor Store215465267 BOBBY & STEVE'S AUTO WORLD EDEEquipment Repair & MaintPolice215569264 TNEMEC COMPANY INCRepair & Maint. SuppliesWater Treatment Plant215661264 HENNEPIN CO TAXPAYER SERVICESSoftware MaintenanceIT Operating215723258 RETROFIT RECYCLING INCWaste DisposalFitness/Conference - Cmty Ctr1000114256 METRO ELEVATOR INCContract Svcs - ElevatorCity Hall - CAM215456256 AMERICAN BOTTLING COMPANY, THE Misc TaxablePrairie View Liquor Store215635244 CORVAL CONSTRUCTORS INCEquipment Repair & MaintWater Treatment Plant215610243 BCI INCAR UtilityWater Enterprise Fund1000090234 NEXT DAY GOURMETOperating SuppliesSenior Center Admin215753220 VINOCOPIATransportationPrairie View Liquor Store1000097219 AMERICAN SOLUTIONS FOR BUSINESClothing & UniformsCommunity Center Admin215527218 MILIO'S SANDWICHESMerchandise for ResaleConcessions215454215 ABLE HOSE & RUBBER INCRepair & Maint. SuppliesWater Treatment Plant215474213 COMMUNITY HEALTH CHARITIESUnited Way WithheldGeneral Fund215639212 DE LAGE LANDEN FINANCIAL SERVIEquipment Repair & MaintIT Operating215663208 HIRSHFIELD'SRepair & Maint. SuppliesStorm Drainage1000087208 KUSTOM SIGNALS INCEquipment Repair & MaintPolice215607207 BARNES, BELINDA A.Other Contracted ServicesVolleyball215608206 BATTERIES PLUSSmall ToolsPark Maintenance215552206 RIGHTWAY GLASS INCEquipment Repair & MaintFleet Operating215729200 SENSIBLE LAND USE COALITIONDues & SubscriptionsCity Council215493198 GEMPLERSClothing & UniformsWater Treatment Plant215481198 DE LAGE LANDEN FINANCIAL SERVIOther RentalsFacilities Staff215709195 OLSEN COMPANIESEquipment Repair & MaintPark Maintenance215564190 SUBURBAN CHEVROLETEquipment PartsFleet Operating215471190 CARVER COUNTY SHERIFF'S DEPT.DepositsEscrow215606189 BANK BEER COBeerPrairie View Liquor Store215647185 FLAHERTYS HAPPY TYME COMPANYMisc TaxablePrairie Village Liquor Store215636182 CUSTOM HOME BUILDERS TITLE LLCAR UtilityWater Enterprise Fund215733178 SOUTH ST PAUL STEEL SUPPLYEquipment PartsFleet Operating215574177 UNITED WAYUnited Way WithheldGeneral Fund215507175 J H LARSON COMPANYSupplies - ElectricalCity Hall - CAM215748174 TRUE FABRICATIONSMisc TaxablePrairie Village Liquor Store215523172 METRO FIRESmall ToolsFire215602169 AMERIPRIDE LINEN & APPAREL SERRepair & Maint. SuppliesDen Road Liquor Store215494156 GINA MARIAS INCOperating SuppliesPolice215453152 A TO Z RENTAL CENTEREquipment Repair & MaintPark Maintenance215590151 Z WINES USA LLCTransportationPrairie View Liquor Store215518150 LIFT BRIDGE BREWERYBeerPrairie View Liquor Store215566149 TACTICAL RIVER LLCClothing & UniformsPolice215531149 MORAN USA, LLCTransportationDen Road Liquor Store215519148 LUBRICATION TECHNOLOGIES INCEquipment PartsFleet Operating215464148 BERNICK'S WINEMisc Non-TaxableDen Road Liquor Store215572147 TRUE FABRICATIONSMisc TaxableDen Road Liquor Store215692145 MIAMADues & SubscriptionsIce Rink #1215750145 UNIVERSITY OF MINNESOTAConference ExpenseStorm Drainage
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation215452144 440400 - NCPERS MINNESOTAPERAHealth and Benefits215724137 RIESTER, THOMASAR UtilityWater Enterprise Fund1000092134 POMP'S TIRE SERVICE INCEquipment Repair & MaintFleet Operating215533134 MURPHY MACHINE INCEquipment Repair & MaintWater Treatment Plant215696134 MINT CONDITION DETAILING INCEquipment PartsFleet Operating215555131 SCHARBER & SONSEquipment PartsFleet Operating1000083131 FOX VALLEY SYSTEMS INCOperating SuppliesPark Maintenance215611131 BEER, CAROLYNAR UtilityWater Enterprise Fund215478131 CUSTOM REMODELERSBuilding PermitsGeneral Fund215749130 UNDHEIM, NAOMIMileage & ParkingCommunity Center Admin215616129 BERTELSON TOTAL OFFICE SOLUTIOOffice SuppliesUtility Operations - General215645127 EXTREME BEVERAGEMisc TaxablePrairie Village Liquor Store215757124 WALSER CHRYSLER JEEPEquipment PartsFleet Operating215619121 BLAKE, PAULAR UtilityWater Enterprise Fund215747120 TRI COUNTY BEVERAGE & SUPPLYMisc Non-TaxablePrairie Village Liquor Store215480117 DAVANNI'S PIZZAMerchandise for ResaleConcessions215751115 VARLEY, VALERIE OLSONOther Contracted ServicesVolleyball215701115 MORGAN CREEK VINEYARDSWine DomesticPrairie View Liquor Store215528113 MINNEAPOLIS FINANCE DEPARTMENT Software MaintenanceIT Operating215486112 EVIDENT INCOperating SuppliesPolice1000096111 VARITECH INDUSTRIES INCEquipment PartsStreet Maintenance1000102109 CERIDIANCeridianIT Operating215720108 RAY, LEEOther Contracted ServicesBasketball215459107 AMERIPRIDE LINEN & APPAREL SERJanitor ServicePrairie Village Liquor Store215660105 HEFFERAN, CINDIOperating SuppliesDay Care215556104 SHAMROCK GROUP, INC - ACE ICETransportationPrairie Village Liquor Store215594103 XCEL ENERGYElectricTraffic Signals1000094102 RAY ALLEN MANUFACTURING CO INC Canine SuppliesPolice215562101 STAAF, CARTERClothing & UniformsPolice215468100 BRANDALL, THOMASRefundsStorm Drainage215538100 PAUL, KARLARefundsStorm Drainage21562199 BOLLINGER, MARY EAR UtilityWater Enterprise Fund21557098 TOLL GAS AND WELDING SUPPLYEquipment PartsFleet Operating21571098 OXYGEN SERVICE COMPANYSafety SuppliesFire21555394 ROSEMOUNT SAW & TOOL COEquipment Repair & MaintFleet Operating21558194 WEEKS, PAULAOther Contracted ServicesRehab21548293 DIRECTVCable TVCommunity Center Admin21555892 SPERR, MARKOther Contracted ServicesVolleyball21568290 LEE, MARTINAR UtilityWater Enterprise Fund21550590 INTERNATIONAL FIRE PROTECTIONCash Over/ShortGeneral Fund21559287 MCGRAW-HILL CONSTRUCTION ENRPrepaid ExpensesGeneral Fund21564985 G & K SERVICES-MPLS INDUSTRIALOther RentalsPark Maintenance21552182 MATSON, TOMSmall ToolsFleet Operating21573681 SPIRO JR, GEORGEAR UtilityWater Enterprise Fund21547580 CORDES, JEFFREYClothing & UniformsPark Maintenance100011578 OSI BATTERIES INCOperating SuppliesStreet Maintenance100010776 G & K SERVICESClothing & UniformsUtility Operations - General21563876 DAVANNI'S PIZZAMerchandise for ResaleConcessions21576675 WMCAConference ExpenseCity Clerk21575974 WILSON, TAMMYMileage & ParkingFinance21558074 WATSON CO INC, THEMerchandise for ResaleConcessions21551474 KARST, JOAN EClothing & UniformsFacilities Staff
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation21553272 MPX GROUP, THEPrintingPolice21548372 DOMACE VINOTransportationPrairie Village Liquor Store21548871 FASTSIGNSPrintingTheatre Initiative21549170 GALUSKA, TODDEmployment Support TestFire21572568 RUE, RODNEYMileage & ParkingEngineering21567666 KASKINEN, STEVENAR UtilityWater Enterprise Fund21548965 FENRICK, PATRICIAMileage & ParkingHousing and Community Service21554065 PETERBILT NORTHEquipment PartsFleet Operating21563265 COMCASTOperating SuppliesFire21566864 INDUSTRIAL FLOOR MAINTENANCE IEquipment PartsFleet Operating21548764 EXTREME BEVERAGEMisc TaxableDen Road Liquor Store21570663 NICOL, MARYAR UtilityWater Enterprise Fund21572762 SCHERER BROTHERS LUMBER COBuilding MaterialsStreet Maintenance21555961 SPRINTTelephoneEngineering21553560 OLSEN'S EMBROIDERY/COMPANYClothing & UniformsStreet Maintenance21560460 ASSOC OF STATE WETLAND MANAGER Dues & SubscriptionsStorm Drainage21561860 BISHOP,TONYADeposits-P&R RefundsCommunity Center Admin21569758 MITCHELL, SANDYEmployee AwardOrganizational Services21565156 GINA MARIAS INCOperating SuppliesFire21547953 DART PORTABLE STORAGE INCOperating SuppliesFire21558750 WOMEN IN THE FIRE SERVICE INCDues & SubscriptionsFire21566750 IAPEDues & SubscriptionsPolice21570350 MPSTMADues & SubscriptionsPark Maintenance21548449 EARL F ANDERSEN INCSignsTraffic Signs21546949 CARLSTON, BRANDONClothing & UniformsPolice21570546 MUSSELL, KATELINOther Contracted ServicesVolleyball21573245 SINDELAR, THOMASAR UtilityWater Enterprise Fund21573043 SHAMROCK GROUP, INC - ACE ICETransportationDen Road Liquor Store21562441 BRAUN, ARTHURAR UtilityWater Enterprise Fund21552541 METROPOLITAN FORDEquipment PartsFleet Operating21573840 STANLEY SECURITY SOLUTIONS INCSupplies - SecurityFitness/Conference - Cmty Ctr21560535 ASSOCIATION OF MN EMERGENCY MA Dues & SubscriptionsFire437234 VANCO SERVICESBank and Service ChargesSewer Utility - General21571132 PAPER DIRECT INCOperating SuppliesCommunity Development Admin.21562532 CAVE, NICHOLASAR UtilityWater Enterprise Fund21559929 A TO Z RENTAL CENTEREquipment Repair & MaintPark Maintenance21568328 LIU, YANAR UtilityWater Enterprise Fund21572126 REBECK, LISADeposits-P&R RefundsCommunity Center Admin21562926 CHEJADE, ELLIOTSales Tax PayableGeneral Fund21564325 E.REPUBLIC INCConference ExpenseIT Operating100009822 BOUND TREE MEDICAL LLCEMS SuppliesFire21546021 AT&T MOBILITYPager & Cell PhonePark Maintenance100011719 PRIORITY COURIER EXPERTSEquipment Repair & MaintFleet Operating100011019 HD SUPPLY FACILITIES MAINTENANSupplies - ElectricalCity Center Operations21550918 JOHN DEERE LANDSCAPES/LESCORepair & Maint. SuppliesPark Maintenance21562616 CAWLEY COMPANY, THEClothing & UniformsDen Road Liquor Store21547316 COMCASTWireless SubscriptionIT Operating21567815 KLEIN, KARENDeposits-P&R RefundsCommunity Center Admin21568615 MASSDues & SubscriptionsSenior Center Admin21576713 WOMEN IN LEISURE SERVICESDues & SubscriptionsRecreation Admin21568010 KOCOUREK, JOANClothing & UniformsPolice2155309 MINNESOTA VALLEY ELECTRIC COOP ElectricRiley Creek Woods
Check # Amount Vendor / ExplanationAccount DescriptionBusiness UnitExplanation2156009 ACME TOOLSEquipment Repair & MaintSenior Center Admin2157376 SPORTS WORLD USA INCClothing & UniformsPrairie Village Liquor Store2156815 KRAEMERS HARDWARE INCSupplies - General BldgFitness/Conference - Cmty Ctr2,611,533 Grand Total
City of Eden PrairiePurchasing Card Payment ReportNovember PurchasesAmount Explanation Vendor Account Description Business Unit9 US-Outdoor Ctr Sign HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance27 US-Outdoor Center MENARDS Repair & Maint. Supplies Park Maintenance21 US-Outdoor Ctr Sign MENARDS Repair & Maint. Supplies Park Maintenance9 US-Outdoor Ctr Sign MENARDS Repair & Maint. Supplies Park Maintenance11 US-Outdoor Center MENARDS Repair & Maint. Supplies Park Maintenance712 US-Confrence/Travel Expense HYATT HOTELS Travel Expense City Council200 US-Training MINNESOTA RURAL WATER ASSOCIAT Conference Expense Water System Maintenance110 US-Gift Cards HALLMARK Advertising Den Road Liquor Store110 US-Gift Cards HALLMARK Advertising Prairie Village Liquor Store110 US-Gift Cards HALLMARK Advertising Prairie View Liquor Store44 US-Buttons and Prizes AFFORDABLE BUTTONS Advertising Prairie Village Liquor Store44 US-Buttons and Prizes AFFORDABLE BUTTONS Advertising Den Road Liquor Store44 US-Buttons and Prizes AFFORDABLE BUTTONS Advertising Prairie View Liquor Store5 US-Drivers Safety WALGREEN'S #5080 Operating Supplies Senior Center Admin14 US-Coffee RAINBOW FOODS INC. Operating Supplies Senior Board27 US-Vetrans Brunch CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs12 US-Vetrans Bkfst PARTY CITY Special Event Fees Senior Center Programs17 US-Greeting Card Supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Senior Board41 US-Veterans Bkfst VINERY Special Event Fees General Fund9 US-Stool GORDMANS Operating Supplies Senior Center Admin24 US-Red Hat WALMART COMMUNITY Operating Supplies Red Hat628 US-Employee Recognition SANTORINIS Miscellaneous Internal Events339 US-Coffee COFFEE WHOLESALE Operating Supplies Senior Board193 US-Old Log Trip OLD LOG THEATER Special Event Fees Trips16 US-Woodshop supplies MENARDS Equipment Repair & Maint Senior Center Admin4 US-Sr Ctr Supplies DOLLAR TREE STORES, INC. Operating Supplies Senior Center Admin80 US-Annual Certificate-Sue NCTRC Dues & Subscriptions Senior Center Admin103 US-Stool BRAMBILLAS INC Safety Supplies Senior Center Admin68 US-Dessert for Trip RIDGES AT SAND CREEK Special Event Fees Red Hat30 US-Flowers for Holiday Lunch TARGET Operating Supplies Senior Center Admin36 US-Holiday Lunch CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs6 US-Sign Stain HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance59 US-Crestwood Hockey MENARDS Repair & Maint. Supplies Park Maintenance28 US-Taillight Bulbs & Straps NAPA AUTO PARTS Equipment Parts Sewer Utility - General469 US-Winter Gloves OLSEN CHAIN & CABLE Clothing & Uniforms Sewer System Maintenance6 US-NLC Phoenix Conf ARAMARK PHOENIX CONVENTION CTR Travel Expense City Council57 US-NLC Phoenix Conf HYATT HOTELS Travel Expense General Fund75 US-NLC Phoenix Conf HYATT HOTELS Travel Expense City Council27 US-Book BARNES & NOBLE Office Supplies City Council8 US-NLC Phoenix Conf HYATT HOTELS Travel Expense General Fund19 US-Staring Lk Light Pole MENARDS Repair & Maint. Supplies Park Maintenance99 US-Wash Bay Supplies SPS COMPANIES Equipment Parts Fleet Operating34 US-Shop Supplies MENARDS Small Tools Park Maintenance11 US-Aerator-Red Rock Lake HOME DEPOT CREDIT SERVICES Repair & Maint. Supplies Park Maintenance17 US-Supplies MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance546 US-Instructor Package WORLDPOINT ECC INC Safety Supplies Fire100 US-Training UNIVERSITY OF MINNESOTA Tuition Reimbursement/School Fire
Amount ExplanationVendorAccount DescriptionBusiness Unit14 US-ALP & Center WayMENARDSOperating SuppliesStreet Maintenance74 US-Recording DeviceRADIOSHACKOperating SuppliesPolice20 US-Forensic SuppliesWALMART COMMUNITYMiscellaneousIT Operating23 US-Inadvertent Personal UseTARGETDepositsEscrow7 US-IrrigationMENARDSRepair & Maint. SuppliesPark Maintenance13 US-RTA Spring PlumbingMENARDSRepair & Maint. SuppliesPark Maintenance33 US-IrrigationMENARDSRepair & Maint. SuppliesPark Maintenance5 US-RTAMENARDSRepair & Maint. SuppliesPark Maintenance19 US-Franlo IrrigationMENARDSRepair & Maint. SuppliesPark Maintenance41 US-IrrigationMENARDSRepair & Maint. SuppliesPark Maintenance90 US-Shop SuppliesMENARDSOperating SuppliesPark Maintenance59 US-Inadvertent Personal UseHOLIDAY STATION STORES INCDepositsEscrow50 US-SurveyTRUSIGHTOther Contracted ServicesOrganizational Services35 US-Membership SeminarTWIN CITY AREA LABOR MGMT COUN Conference ExpenseHuman Resources20 US-Training 123 SIGNUP.COMConference ExpenseHuman Resources103 US-SuppliesMENARDSOperating SuppliesFire100 US-SeminarKDVConference ExpenseFinance20 US-E-permits/Web SecurityPAYPAL INCEquipment Repair & MaintIT Operating3,818 US-Sept 2011 Bldg Surcharge DEPT OF LABOR & INDUSTRYBuilding SurchargeGeneral Fund968 US-Sept 2011 Bldg Surcharge DEPT OF LABOR & INDUSTRYMechanical SurchargeGeneral Fund750 US-Sept 2011 Bldg Surcharge DEPT OF LABOR & INDUSTRYPlumbing SurchargeGeneral Fund40 US-UB Online ProcessingPAYPAL INCBank and Service ChargesUtility Operations - General40 US-UB Recurring Credit Cards PAYPAL INCBank and Service ChargesUtility Operations - General16 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions127 US-Ice Skate DisinfectantPROSOURCE SUPPLYOperating SuppliesIce Rink #165 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions33 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions34 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions982 US-Café FoodBIGSIGNS.COMOperating SuppliesIce Rink #1100 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions17 US-Café FoodFRESH SEASONS MARKETMerchandise for ResaleConcessions64 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions20 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions20 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions103 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions49 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions13 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions8 US-Café FoodTARGETMerchandise for ResaleConcessions66 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions126 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions17 US-Storage-CaféMERLINS ACE HARDWAREOperating SuppliesConcessions20 US-Café FoodCUB FOODS EDEN PRAIRIEMerchandise for ResaleConcessions13 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions24 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions236 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions250 US-Skate Lesson BadgesICE SKATING INSTITUTEOperating SuppliesIce Rink #3128 US-Skate Lesson BadgesICE SKATING INSTITUTEOperating SuppliesIce Rink #131 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions13 US-Café FoodCRUMB GOURMET DELIMerchandise for ResaleConcessions140 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions107 US-Café FoodRAINBOW FOODS INC.Merchandise for ResaleConcessions
Amount ExplanationVendorAccount DescriptionBusiness Unit25 US-Café FoodWALMART COMMUNITYMerchandise for ResaleConcessions4 US-Parking for MeetingSTANDARD PARKINGMileage & ParkingEconomic Development300 US-Membership RenewalPRSADues & SubscriptionsCommunications88 US-BatteriesBEST BUYVideo & Photo SuppliesFire45 US-Wiper BladeO'REILLY AUTOMOTIVE INCRepair & Maint. SuppliesFire634 US-Hotel-Case NLC ConfHYATT HOTELSTravel ExpenseCity Council14 US-Workshop WaterRAINBOW FOODS INC.MiscellaneousCity Council226 US-Workshop FoodCRUMB GOURMET DELIMiscellaneousCity Council10 US-Steel Shackel BeltMENARDSRepair & Maint. SuppliesWater System Maintenance-2 US-Interview LunchesCRUMB GOURMET DELIMiscellaneousRecreation Admin27 US-Interview LunchesCRUMB GOURMET DELIMiscellaneousRecreation Admin77 US-Interview LunchesCRUMB GOURMET DELIMiscellaneousRecreation Admin60 US-TrainingRAINBOW FOODS INC.MiscellaneousRecreation Admin42 US-TrainingCRUMB GOURMET DELIMiscellaneousRecreation Admin10 US-Capra MeetingJJ'S COFFEE COMPANY & WINE BARMiscellaneousGeneral Fund26 US-REC MeetingRAINBOW FOODS INC.MiscellaneousRecreation Admin888 US-EPFD-Coin, 1 1/2SYMBOLARTSOperating SuppliesFire312 US-Digital CameraBEST BUYSmall ToolsFire43 US-Lock LiteNAPA AUTO PARTSRepair & Maint. SuppliesSewer Liftstation70 US-Tarp for CDD Mix 717HOME DEPOT CREDIT SERVICESRepair & Maint. SuppliesWater System Maintenance65 US-Seminar-Tony/MattTWIN CITY AREA LABOR MGMT COUN Conference ExpenseUtility Operations - General28 US-Shop SuppliesNAPA AUTO PARTSRepair & Maint. SuppliesSewer System Maintenance38 US-Friday PizzaGINA MARIAS INCRepair & Maint. SuppliesUtility Operations - General119 US-ToolsMENARDSRepair & Maint. SuppliesSewer System Maintenance17 US-SuppliesBATTERIES PLUSOperating SuppliesStreet Maintenance84 US-TrainingTHE BRAINERD HOTELTuition Reimbursement/School Water Treatment Plant35 US-Membership FeeMGWADues & SubscriptionsUtility Operations - General35 US-Lunch ProjectSARPINOS PIZZERIATuition Reimbursement/School Water Enterprise Fund26 US-Business TripPAPA JOHNSTuition Reimbursement/School Water Treatment Plant43 US-Outdoor CenterMENARDSSmall ToolsPark Maintenance29 US-Outdoor CenterHOME DEPOT CREDIT SERVICESSmall ToolsPark Maintenance307 US-Crime Tech SuppliesTRANSILWRAP COMPANY INCOperating SuppliesPolice401 US-Alumni LuncheonBAKERS' RIBSOperating SuppliesPolice14 US-Reserve CalendarCALENDAR WIZOperating SuppliesReserves604 US-Sign ToolsHOME DEPOT CREDIT SERVICESSmall ToolsTraffic Signs22 US-Vactor #711NAPA AUTO PARTSEquipment PartsSewer Utility - General59 US-Ceramic Studio Equipment BIGCERAMICSTORE.COMOperating SuppliesArts Center108 US-Directional Signage-Riley B BUILDASIGN.COMOperating SuppliesEden Prairie Players72 US-Art Ctr Printer InkOFFICEMAX CREDIT PLANOperating SuppliesArts Center75 US-Art Class SuppliesBLICK ART MATERIALSOperating SuppliesArts Center2 US-CC ValidationPAYPAL INCDepositsEscrow23 US-Art Class SuppliesDOLLAR TREE STORES, INC.Operating SuppliesArts Center15 US-Toddler class SuppliesMICHAELS - THE ARTS & CRAFTS SOperating SuppliesArts Center81 US-Santa Event SuppliesNASCOOffice SuppliesSpecial Events Admin3 US-Art Class SuppliesMICHAELS - THE ARTS & CRAFTS SOperating SuppliesArts Center26 US-Santa Event SuppliesARCHIVERSOffice SuppliesSpecial Events Admin34 US-Holiday Workshop Supplies BLICK ART MATERIALSOperating SuppliesArts Center33 US-Volunteer SoftwareVOLGISTICSOther Contracted ServicesRecreation Admin22 US-Wire for Birthday Parties MICHAELS - THE ARTS & CRAFTS SOperating SuppliesArts Center323 US-Glass Studio SuppliesDELPHIOperating SuppliesArts Center16 US-Art Class SuppliesMICHAELS - THE ARTS & CRAFTS SOperating SuppliesArts Center
Amount ExplanationVendorAccount DescriptionBusiness Unit291 US-B-Day Party suppliesDISCOUNT SCHOOL SUPPLYOperating SuppliesBirthday Parties84 US-B-Day Party suppliesTARGETClothing & UniformsDay Care83 US-Swiffers for Fitness Floor TARGETOperating SuppliesFitness Center169 US-Employee FleeceTARGETClothing & UniformsFitness Center15 US-Tear Off MapsFEDEXPrintingCommunity Center Admin40 US-Hair Dryers for Locker Room AMAZON.COMEquipment Repair & MaintCommunity Center Admin170 US-Parts for Walley Ball Nets AMAZON.COMRecreation SuppliesGymnasium (CC)280 US-Hair Dryers for Locker Room AMAZON.COMEquipment Repair & MaintCommunity Center Admin165 US-Shop Tools-ShovelsHOME DEPOT CREDIT SERVICESSmall ToolsStreet Maintenance8 US-Tools-Spray Nozzle for Wash HOME DEPOT CREDIT SERVICESSmall ToolsStreet Maintenance11 US-Paver Sand-EPCCMENARDSBuilding MaterialsPark Maintenance8 US-Inadvertent Personal UsePDQ DELI MARTDepositsEscrow68 US-Critter FoodPETCOOperating SuppliesOutdoor Center29 US-Critter FoodPETCOOperating SuppliesOutdoor Center24 US-Critter FoodPETCOOperating SuppliesOutdoor Center12 US-Critter FoodPETCOOperating SuppliesOutdoor Center6 US-Critter FoodPETCOOperating SuppliesOutdoor Center13 US-Paint SuppliesMENARDSSmall ToolsPark Maintenance668 US-NLC Phoenix ConfHYATT HOTELSTravel ExpenseCity Council2 US-dispatch ConsoleMY CABLE MARTEquipment Repair & MaintPublic Safety Communications41 US-Test EquipmentDIGI-KEYOther AssetsPublic Safety Communications-9 US-Returned CableMY CABLE MARTEquipment Repair & MaintPublic Safety Communications25 US-Tape CartridgeOFFICEMAX CREDIT PLANEquipment Repair & MaintPublic Safety Communications47 US-dispatch ConsoleDELLEquipment Repair & MaintPublic Safety Communications124 US-Card Access PartsID WHOLESALEREquipment PartsPublic Safety Communications374 US-Test EquipmentDIGI-KEYOther AssetsPublic Safety Communications72 US-TV MountMY CABLE MARTEquipment PartsPublic Safety Communications50 US-LEEDA DuesFBI - LEEDADues & SubscriptionsPolice39 US-Prairie FestWALGREEN'S #5080Operating SuppliesTeen Programs124 US-Prairie FestDAVANNI'S PIZZAOperating SuppliesTeen Programs76 US-Prairie FestTARGETOperating SuppliesTeen Programs34 US-Office SuppliesWALGREEN'S #5080Operating SuppliesYouth Programs Admin20 US-Santa EventCVS PHARMACYOperating SuppliesYouth Programs Admin13 US-Monthly WorkshopPAYPAL INCConference ExpenseYouth Programs Admin538 US-TicketsMINNESOTA WILDSpecial Event FeesPreschool Events35 US-SuppliesKOWALSKI'S MARKETOperating SuppliesCC-Special Events & Trips9 US-Parking for PresentationUNIVERSITY OF MINNESOTAMileage & ParkingTherapeutic Rec Admin9 US-Refreshments for Young Athl KOWALSKI'S MARKETOperating SuppliesCC-New Adaptive40 US-Everyone Can Dance Food KOWALSKI'S MARKETOperating SuppliesCC-Leisure Education66 US-Sno OutingBRUNSWICK BOWLING LANESSpecial Event FeesSaturday Night Out13 US-Women in Leisure Workshop PAYPAL INCConference ExpenseRecreation Admin192 US-Transportation for Sat Nigh FGATransportationSaturday Night Out230 US-Training BooksHUMAN KINETICSTraining SuppliesFitness Classes250 US-Monthly Body Pump Fees SCW FITNESSLicenses, Permits, TaxesFitness Classes82 US-Training Room Equipment AMAZON.COMTraining SuppliesPolice99 US-Training Room Equipment AMAZON.COMTraining SuppliesPolice175 US-TZD ConferenceHOLIDAY INNConference ExpenseDWI Forfeiture175 US-TZD ConferenceHOLIDAY INNConference ExpenseDWI Forfeiture940 US-Training Room Equipment AMAZON.COMTraining SuppliesPolice70 US-FlashlightFENIXClothing & UniformsPolice101 US-K9 Drug CertificationTHE INN ON LAKE SUPERIORTuition Reimbursement/School Police
Amount ExplanationVendorAccount DescriptionBusiness Unit101 US-K9 Drug CertificationTHE INN ON LAKE SUPERIORTuition Reimbursement/School Police147 US-Software-Jeff/Mike/Adam VISUALSVN LTDComputersIT Operating159 US-Software for PolicePREZI INCSoftwareIT Operating82 US-IT Arrival CelebrationGINA MARIAS INCMiscellaneousIT Operating738 US-Printers for Police CarsAMAZON.COMOther AssetsCIP - Bonds6 US-Batteries for DialerBATTERIES PLUSRepair & Maint. SuppliesSewer Liftstation28 US-Tool for ShopMENARDSRepair & Maint. SuppliesSewer System Maintenance13 US-Cold Chisel for Truck 729 HOME DEPOT CREDIT SERVICESSmall ToolsSewer System Maintenance8 US-PVC Cap 729HOME DEPOT CREDIT SERVICESEquipment PartsSewer System Maintenance43 US-Batteries for Flashers 729 MENARDSEquipment PartsStorm Drainage-111 US-Sept 2011 Bldg Surcharge DEPT OF LABOR & INDUSTRYOther RevenueGeneral Fund100 US-Employee FleeceTARGETClothing & UniformsFitness Center26,993 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Janet Jeremiah Community
Development Director
Molly Koivumaki
Housing & Community Services
ITEM DESCRIPTION:
Second Reading of an Ordinance Amending City
Code Chapter 5 Relating to a Domestic
Partnership Registry
ITEM NO.: XI.A.
Requested Action
Move to: Approve Second Reading of an Ordina nce amending City Code Chapter 5 relating to
adoption of a Domestic Partnership Registry and adopt Resolution approving Summary
publication.
Synopsis
The first reading of the proposed ordinance was approved at the January 3, 2012, City Council
meeting.
The domestic partnership registry is to provide a means by which unmarried, committed couples
who reside in Eden Prairie and who share a life and home together may document their
relationship.
Definition
Domestic Partner. Any two adults who meet all the following:
Are not related by blood closer than permitted under marriage laws of the state.
Are not married.
Are competent to enter into a contract.
Are jointly responsible to each other for the necessities of life.
Are committed to one another to the same extent as married persons are to each other,
except for the traditional marital status and solemnities.
Do not have any other domestic partner(s).
Are both at least 18 years of age.
Resides in Eden Prairie.
Benefits
Supports the mission of the Eden Prairie Manifesto
May assists people in receiving benefits such as
bereavement leave
insurance benefits
club memberships (health club – community center)
family leave
Fee
The $20 proposed fee is to c over administrative costs.
Background
The Human Rights & Diversity Commission (HRD C) first discussed the Domestic Partner
Registry at its June 10, 2010, meeting and di scussed it regularly at Commission meetings
throughout 2010 and 2011. On August 16 th, 2011, the HRDC discussed this with the Council at
a workshop and received generally positive feedback.
The following Minnesota cities have already adopted similar domestic partnership registries:
Crystal
Duluth
Edina
Golden Valley
Hopkins
Maplewood
Minneapolis
Red Wing
Richfield
Robbinsdale
Rochester
St. Louis Park
St. Paul
According to feedback from staff, the registries have not created an administrative burden in
those cities since the number of registries has been fairly low. For example, Edina has received
approximately 9 registry applications since th e program was implemented in 2010. Fees range
from $20 to $50 to cover costs. The fee for Eden Prairie is proposed to be $20.
The Hopkins registry is unique in requiring residency rather than either residency or employment
within the city. The proposed Eden Prairie ordinance is modeled after Hopkins in requiring
residency. This should further limit any potential administrative burden.
Attachments:
Ordinance
Resolution for Publication
Summary Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ______-2012
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5, BY CHANGING THE TITLE AND BY ADDING SECTION
5.73 RELATING TO REGISTRATION FOR DOMESTIC PARTNERSHIP, 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. The Title of City Code Ch apter 5 is amended to read “OTHER
BUSINESS AND PERSONAL REGULATONS , LICENSING AND REGISTRATION.
Section 2. City Code Chapter 5 is amended by adding Section 5.73 entitled Domestic
Partnerships as follows:
SECTION 5.73 DOMESTIC PARTNERSHIPS
Subd. 1. Purpose and Findings . The City of Eden Prairie authorizes and establishes a
voluntary program of registration of domestic partners. The domestic partnership registry is a
means by which unmarried, committed couples who reside in Eden Prairie and who share a life
and home together may document their relationship. Eden Prairie’s Domestic Partnership
ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are
available to married couples under state or federal law. The City of Eden Prairie cannot provide
legal advice concerning domestic partnerships. Applicants and registrants may wish to consult
with an attorney for such advice including but not limited to: wills, medical matters, finances and
powers of attorney, children and dependents, medical, health care and employment benefits.
Subd. 2. Definitions . The following words and phrases used in this Section have the meanings
given in this Section.
A. Domestic Partner. Any two adults who meet all the following:
1. Are not related by blood closer than pe rmitted under marriage laws of the state.
2. Are not married.
3. Are competent to enter into a contract.
4. Are jointly responsible to each other for the necessities of life.
5. Are committed to one another to the same extent as married persons are to each
other, except for the traditiona l marital status and solemnities.
6. Do not have any other domestic partner(s).
7. Are both at least 18 years of age.
8. Reside in Eden Prairie.
B. Domestic Partnership. The term “domestic pa rtnership” shall includ e, upon production of
valid, government-issued documentation, in addition to domestic partnerships registered with the
City of Eden Prairie, and regardless of whether partners in either circumstance have sought
further registration with the City of Eden Prairie:
a) Any persons who have a currently-registered domestic partnership with a
governmental body pursuant to state, local or other law authorizing such registration. The
term domestic partnership shall be construed liberally to include unions, regardless of
title, in which two individuals are committed to one another as married persons are
traditionally committed, except for the traditional marital status and solemnities.
b) Marriages that would be le gally recognized as a contract of lawful marriage in another
local, state or foreign jurisdiction, but for the operation of Minnesota law.
Subd 3. Registration of Domestic Partnerships .
A. The City Clerk shall accept an application in a form provided by the City to register
domestic partners who state in such application that they meet the definition of domestic
partners.
B. The City Clerk shall charge an application fee for the registration of domestic partners
and shall charge a fee for providing certified copies of registrations, amendments, or notices of
termination. The fees required by this Section shall be in the amount set forth in the Fee
Resolution adopted by the City Council, as the same may be amended from time to time.
C. The City Clerk shall provide each domestic partner with a registration certificate. The
registration certificate shall not be issued prior to the third working day after the date of the
application.
D. This application and certificate may be used as evidence of the existence of a domestic
partner relationship.
E. The City Clerk shall keep a record of all registrations of domestic partnership,
amendments to registrations and notices of termination. The records shall be maintained so that
amendments and notices of termination are filed with the registration of domestic partnership to
which they pertain.
F. The application and amendments thereto, the registration certificate, and termination
notices shall constitute government data and will be subject to disclosure pursuant to the terms of
the Minnesota Government Data Practices Act.
Subd. 4 Amendments . The City Clerk may accept amendmen ts for filing from persons who
have domestic partnership registrations on file, except amendments which would replace one of
the registered partners with another individual.
Subd 5. Termination of Domestic Partnership . Domestic partnership registration terminates
when the earliest of the following occurs:
1. One of the partners dies; or
2. Forty-five days after one pa rtner: a) sends the other partner written notice, on a form
provided by the City, that he or she is terminating the partnership; and b) files the notice of
termination and an affidavit of service of the notice on the other partner with the City Clerk.
Section 3. 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 hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
_______ day of January 2012, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the ______ day of ____________, 2012.
____________________________________ ____________________________________
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on the ____________________________.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2012-
A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____-2012
AND ORDERING THE PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. ____-2012 was adopted a nd ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 17 th day of January 2012.
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. ______-2012 is leng thy and/or contains charts.
B. The text of the summary of Ordina nce No. ____-2012, attached hereto, conforms
to M.S. § 331A.01, Subd. 10, and is appr oved, and publication of the title and
summary of the Ordinance will clearly info rm 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 sh all be posted in the City offices.
E. Ordinance No. ____-2012 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 January 17, 2012.
________________________
Nancy Tyra-Lukens, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __- 2012
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE CHAPTER 5, BY CHANGING BY CHANGING THE TITLE AND BY ADDING
SECTION 5.73 RELATING TO REGISTRATION FOR DOMESTIC PARTNERSHIP, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISONS.
Summary: The Title of City Code Chapter 5 is amended to read “OTHER BUSINESS AND
PERSONAL REGULATONS, LICENSING AND REGISTRATION.
The Ordinance defines Domestic Partner and Domestic Partnership, provides a process for two
individuals to register and amend as Domestic Partners with the City and provides when a Domestic
Partnership terminates.
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
SECTION: Report of the Community Development Director
DATE:
January 17, 2012
DEPARTMENT/DIVISION:
Janet Jeremiah, Community
Development Director &
Molly Koivumaki, Manager
Housing & Community
Services
ITEM DESCRIPTION:
Homeowner’s Association Improvement Grant
Program
ITEM NO.: XIV.C.1.
Requested Action
Move to: Approve the Homeowner’s Associatio n Improvement Grant Program which provides
matching funds to homeowner’s associations for eligible structural improvements.
Synopsis
The City of Eden Prairie Homeowner’s Association Improvement Grant Program (hereinafter the
“HAIG Program”) offers matching grants in an amount up to $50,000 to homeowner’s associations in
Eden Prairie, whose individual residential owners meet certain income requirements. The grants are
available for the purpose of making major repairs as described below.
Goals
The goals for the HAIG Program include:
Provide funds for housing improvements for those with low to moderate income that might not otherwise be
able to afford the rehabilitation.
Make homes more energy-efficient.
Address accessibility issues.
The HAIG Program will be administered by city staff and will follow existing Federal, State, and
Local guidelines that are used in other housing programs offered by the city. The maximum grant
amount is $50,000. All costs associated with the program and administration of the program will be
paid by the city directly to the contractors performing the work upon successful completion of the
project.
Funding Source
Funding for the HAIG program will come from the re maining funds from the decertification of TIF
District 10, totaling approximately $160,000. TIF guidelines dictate that the funds must be used for a
housing program, and a plan for the use of funds must be in place by the end of 2012, or the funds will
be returned to Hennepin County.
Attachments
HAIG Guidelines
HAIG Application
HAIG Scoring Sheet
Overview and Goals for Eden Prairie’s
Homeowner’s Association Improvement Grant Program
Program Overview
The City of Eden Prairie Homeowner’s Association Improvement Grant Program (hereinafter the
“HAIG Program”) offers grants in an amount up to $50,000 to homeowner’s associations
(hereinafter HOA) in Eden Prairie, whose individual residential owners or tenants meet certain
income requirements. The grants are availabl e for the purpose of making major repairs as
described below.
Goals
The goals for the Homeowner’s Associat ion Improvement Grant Program include:
Provide funds for housing improvements for those with low to moderate income
that might not otherwise be able to afford the rehabilitation.
Make homes more energy-efficient.
Address accessibility issues.
Homeowner’s Association Improvement Grant
The HAIG Program is administered by the city and follows existing Federal, State, and Local
guidelines that are used in other housing programs offered by the city. The maximum grant
amount is $50,000. All costs associated with the pr ogram and administration of the program will
be paid by the city directly to the contractors performing the work upon successful completion of
the project.
Marketing of Program
The City will be responsible for marketing the program to Eden Prairie homeowner’s
associations.
Application Procedure
The city is responsible for distributing the application package and all program documents to
applicants. An HOA may request assistance from the city in preparation of the application
package for submittal. Once the applicant has submitted all required parts of the application
package, the application package will be processed by the Office of Housing and Community
Services staff.
City staff will make a recommendation to the City Council as to which homeowner’s
associations will receive the grants. The City Council will make the final determination on the
grant award. At the City’s disc retion certain circumstances may allow an applicant to be given
priority over another applicant. These circumstances include:
Applicants who are seeking multiple funding sources in addition to the grant, and work
cannot proceed on the other programs until the grant funds are applied for and secured.
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Applicants in need of emergency assistance for health and safety repairs.
Determining Applicant Eligibility
Once the application package has been submitted to the city and the package is deemed
complete, the applicant eligibility will be determined based on the following criteria.
Corporate Status
The HOA must be a corporation in Good Standing with the State of Minnesota or the state in
which incorporated.
Income
Household gross income is used in determining the income of the homeowners. Applicants will
be considered income-eligible if 95% of the re sidents in the homeowner’s association have a
household gross income that is no greater than 1 00% of AMI or at 115% if the household size is
greater than four people. The city requires that a Federal Tax Retu rn from the previous year be
submitted for each resident.
Property
Properties will be considered eligible if all of the following have been met:
The property must be in compliance with the City’s zoning ordinance and improvements
must be a permitted use.
The property must be located within the City.
The property must be used primarily for residential purposes.
The property must be an ex isting, permanent structure.
If any individual unit is being leased the unit must have a rental license issued by the
City.
Ownership of Property
A current mortgage statement will be required from each homeowner.
Application Acceptance
Processing the Application and Appeal Procedure
Applicants must submit the application package on the city application form and include
all requirement attachments be fore the application deadline
Once the fully completed application package, has been submitted to the city, the city
will review the application and grant packages to see if all criteria for applicant eligibility
have been met.
City will inform each HOA’s of which gr ants will be recommended for funding by the
City Council.
An applicant may appeal the recommendation for award of grants by submitting an
appeal in writing to the City Manager stating the basis for the appeal and other matters
applicant deems pertinent. Appeals by applic ants shall be made within 14 days of
notification of the recommendation. The appeal to the City Manager is the sole procedure
and method of appeal. and the provisions of City Code Section 2.80 sh all therefore not be
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applicable. The decision of th e City Manager shall be final and any further challenge to
the recommendation shall be made by action brought in District Court.
City Staff forwards its recommendations for the award of Grant(s) to the City Council.
City Council’s decision on the award of a grant is final.
Notification of Ineligibility
If the HOA, is determined to be ineligible, the City will notify the HOA of the denial in writing
within five days of the denial stating the reason(s) for the denial and outlining the appeal process
as stated above.
Grant Approval
Upon approval of the application and grant package, the administering entity must notify the
HOA of that approval. No grant funds will be co mmitted to any project pr ior to application and
grant package approval.
Determining Scope of Work
Property Inspection
After the HOA has been approved to begin th e program, the city will conduct a property
inspection report which is then added to the HOA’s file. The property inspection report includes:
Condition of the structure and structural soundness
Plumbing, heating, and electrical systems
Roof
Energy efficiency items such as windows, insulation, doors, etc.
Garage
General exterior and interior conditions
The property inspection report will note if the condition of the items is in acceptable condition, if
any of the items are in need of repair, need to be installed, or if this item is not present.
Additionally, explanations on the deficiencies and suggestions fo r their repair will be included in
the report. The inspection re port will be signed and dated by the inspector performing the
inspection.
Scope of Work
Once the property inspection has been completed, a scope of work will be put together. The
scope of work will list all eligible improvements and will be sent to the homeowner’s association
for purposes of bidding the project. A copy of the scope of work will be included in the HOA’s
file.
Eligible Improvements
Reconstruction of sidewalks and driveways—Allowed only on private property
where existing conditions show a safety hazard.
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Connection to the city sewer and water service—Allowed only when conditions
affecting health of the resident are present or when required by law.
Exterior finishing (painting or siding )—May be allowed if there is severe
deterioration of the current finishing
Energy efficiency—Grant funds may be used for energy efficiency improvements to
increase current efficiency. Note: the e fficiency improvements must be consistent
with the building code; however, they do not need to be brought into compliance
with the energy standards.
Replacement of furnaces, air conditioners, and water heaters
Existing exterior decks
Replacement of windows and doors
Roof replacement
Building Code requirements including but not limited to smoke and CO detectors.
Accessibility improvements.
All improvements must be permanent improvements, such as alterations, renovations, or repairs.
The improvements must be made in conjunction w ith the existing structure and must correct the
problems identified in the property inspection report which directly affects the health and safety
of the resident or energy efficiency of the structure. Additionally, the individual improvements
must meet the current code when complete (b uilding, housing, electrical, plumbing, mechanical,
and/or fire). The improvements must be done us ing materials/fixtures of a quality customarily
used in the city for similar types of properties and projects.
Smoke detectors must be installed, unless there are already properly installed detectors. The
following must be met regarding smoke detectors:
At least one hardwired smoke detector on each floor of the structure
At least one smoke detector in each sleeping room (can be battery installed)
House numbers, if not inst alled per the city regulations, must be installed.
Ineligible Improvements
The following are improvements that are ineligible at all times.
The use of funds for refinancing or paying off other, existing indebtedness.
Any improvements that are solely done for cosmetic purposes only.
Accessibility Improvements
Accessibility improvements may be completed for handicapped persons. Accessibility
improvements include:
Structural Improvements—in stallation or modification of ramps, handrails, door
widths, doors, doorways, lever-action hardware, expansion of rooms
Exterior Improvements—installation or m odification of ramps, railing, walkways,
landings and porch extensions, site grading and other site improvements
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Contractor Selection and Work
HOA’s Responsibilities
Once the eligible improvements have been determined and the scope of work written, the HOA
must obtain a minimum of two bids for the authorized improvements within 30 days. Should an
HOA not provide any bids within that amount of tim e, its file will be considered “inactive” and
will be closed and theHOA notified of the city’s action. If the file is closed, the HOA may
reapply in 60 days.
Work Contract
Once theHOA has received the bids, the contractor submitting the lowest acceptable bid will be
awarded the contract. The contr actor must sign a Work Contract provided by the city. A copy of
the bid will be included in the Work Contract and will commence and be completed within the
time frame specified in the Work Contract. An extension, which must be in writing, may be
granted by the city when there are unusual circumstances.
In order to ensure the contract or holding the Work Contract is liable for any failure to pay
subcontractors and/or suppliers, a Sworn Construction Statement must be completed. The Work
Contract will contain the Sworn Construction Statement on which the contractor must list all of
the subcontractors and/or suppliers contributing to the work. Th e Work Contract awarded must
be signed by the contractor and the Sworn Construction Statement sworn and subscribed to
before a notary.
Change Order Request
A change order request may be allowed when th ere are changes in the approved and signed work
contract. The city or administering agency must first approve the changes before the change
order request is completed.
Contractor Billing
Bills must be obtained from the contractor holding the Work Contract, and may be for the
interim payment or the final payment.
Lien Waivers
Original lien waivers that are referenced in the Sworn Construction Statement, plus the lien
waiver from the contractor holding the Work Contract must be received by the city or
administering agency before any payment is released.
Completion Certificate
A completion certificate will be taken onsite at the time of inspection of the work. The
contractor and the HOA represen tative must sign the completion certificate, additionally, the
inspector performing the work and the city’s authorized agent must also sign the certificate. The
completion certificate should only be signed by the HOA representative, the inspector, and the
authorizing agent if all components of the Work Contract have been met and meet the
requirements of the rehabilitation program. Once the completion certification is signed by all
parties, then the payment may be released (provided a lien waiver has also been obtained).
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Use of Funds Agreement
The Use of Funds Agreement will be signed by both the city and the HOA. The agreement states
the amount of the grant and the manner in which the funds may be used by the HOA.
Disbursement and Completion Procedures
The disbursement procedures are as follows:
For disbursement to a contractor by the city or administering agency, the following must
be submitted:
o A completion certificate that has been signed by the contractor, inspector, HOA
representative, and city
o An invoice from the contractor for the work performed
o Sworn Construction Statement
o Lien Waiver(s)
The grant will be considered complete after:
Inspection of the property—All improvement work as specified must be inspected for
completeness, conformity to specification and quality of workmanship. The city must
require completion or correction of any item not meeting standards or missing. If there is
failure to comply, the city or administering agency may withhold payment.
Completion certificate—After inspection and suc cessful completion of the work, the city
or administering agency, HOA Re presentative, inspector and contractor must all sign the
completion certificate.
Maintaining Information/Records/Etc.
Information and records will be maintained. Copies of active files will be kept with the city.
Once the file is closed, the city will maintain th e closed files for the period of time required by
the city’s retention schedule).
Analyzing the Programs
The city will annually analyze the Homeowner’s Association Improvement Grant program to
determine if the program is meeting its goals s effectively and efficiently. This analysis will
take place prior to the public hearing of the upcoming year’s allo cation so that if changes are
needed, then the city council may gather public input and take action on changes for the
upcoming year.
CITY OF EDEN PRAIRIE
HOMEOWNER’S ASSOCIATIO N IMPROVEMENT GRANT
APPLICATION
Legal Name of Association_____________________________________________________
Mailing Address_____________________________________________________________
Name of Contact Person: _____________________________________Phone:____________
Name of Management Firm/Agent (if different than contact person)
_________________________________________________________Phone__________
Legal Description of the Project Site: __________________________________________
REQUESTED INFORMATION
Addendum shall be attached hereto addressing in detail the following:
1. Give a general description of the project.
2. Provide a proposed timeline for the project including the date s of membership meetings
to discuss a project, submittal of required pe titions, public hearings, construction start,
submission of first draw request and project completion.
3. List of improvements and estimated project budget.
4. Explain why the Homeowner’s Association Im provement Grant (HAIG) is necessary to
undertake the project. Attach any documentation regarding efforts to secure private
financing.
5. Explain the process used to determine the scope of the proposed project and the desire for
the HAIG among the association members. Provide any documentation regarding owner
meetings discussing project.
6. Association Bylaws, Rules, etc
7. Information on the Association Board of Directors
8. Audited financial statements for the last three years that show revenues and expenditures
9. Association Financial Plan which identifies how both maintenance and operation of the
common elements will be paid for and a long-range plan to conduct and finance capital
improvements.
10. Minutes from the association Board Meeting that show approval was given to submit the
application for an HAIG to the City.
REQUIREMENTS FOR HOMEOWNER’S ASSOCIATION IMPROV EMENT GRANT
To apply for the HAIG, the HOA and the owners within the association must agree to the
following:
1. HOA agrees to be bound by terms and pr ovisions of HAIG Pr ogram Guidelines.
2. 95% of residents must have income below 100% of the Ar ea Median Income.
3. Must provide income verification documentation (prior year federal tax return) for each
housing unit.
4. Must provide mortgage verification documentation (current mortgage statement) for each
housing unit.
5. Disbursements of grant proceeds by the City of Eden Prairie must be made directly to the
contractor performing the work once the work is completed and has been inspected.
6. Submit all of the application materials to:
Office of Housing and Human Services
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
For additional information or questions, please c ontact Jeanne Karschnia @ (952) 949-8486 or Molly
Koivumaki @ (952) 949-8439
Homeowners Association Improvement Grant
Score Report
Answer Possible Points Total Points
Has association board approved grant
application?
Yes=1
No=0
Has homeowner’s association board
approved work?
Yes = 1
No=0
Currently in ‘Good Standing’ as a
MN Corporation
Yes=1
No=0
Is homeowner’s Association
operating with positive balance?
Yes=1
No=0
Is income verification for each
homeowner completed?
Yes=1
No=0
Percent of homeowners current on
their mortgage?
100%=3
90-99%=2
80-89%=1
<80%=0
Percentage of owner occupied units
100%=3
90-99%=2
80-89%=1
<80%=0
What percent of total project cost will
homeowner’s association contribute?
>75%=3
50-74%=2
25-50%=1
<25%=0
Is there a current plan for the project?
(Project scope and costs)
Yes=1
No=0
Is there a timeline in place for the
project?
Yes=1
No=0